Township of Montgomery, PA Article XXVII ECPOD Expressway Corridor Preservation Overlay District

[Added 9-30-1996 by Ord. No. 96-60; amended 2-3-1997 by Ord. No. 96-68]

§ 230-197 Legislative intent.

In expansion of the purposes contained in Article I, § 230-2, of this chapter, and the policies and recommendations of the Township's Comprehensive Plan, as amended, the primary intent of this district is to preserve the Route 202 expressway bypass corridor for highway use while permitting development of appropriate land uses on adjoining lands. In addition, other specific intents and purposes of this district include the following:

A. Permit a variety of higher intensity land uses to offset the loss of developable land and design flexibility on sites where the Route 202 bypass corridor is reserved from development.

B. Require a combination of land uses according to fixed standards.

C. Use incentive standards to permit combinations of land uses to be adjusted to satisfy market demands, in return for public benefits.

D. Allow the expansion of the established regional retail core along Route 309 within a corridor similar in depth to that of existing major commercial developments.

E. Require new development to be compatible with existing land uses on abutting properties or provide transitional buffers in proportion to the degree of incompatibility.

F. Require transitional buffers where new development is near, but not abutting, existing less compatible development.

G. Preserve natural features and open space for public recreation, consistent with recommendations of the Township's Open Space Plan.

H. Encourage implementation of land use and transportation principles identified in the Montgomery Township Comprehensive Plan Update of 1987, and as amended.

§ 230-198 Application procedures standards and criteria.

This district shall apply as a mapped overlay, confined to the tracts shown on the maps as Exhibit A, which represents land defined by Vesterra Corp., and Exhibit B, which describes land defined by General Hancock Partnership, and also described by metes and bounds on Exhibit C for land described by Vesterra Corp. and Exhibit D for land described by General Hancock Partnership, which are attached hereto and incorporated herein.[1] This shall apply only when authorized by the Board of Supervisors as a conditional use in compliance with the following standards and criteria:

A. Eligibility. The district may be applied to individual parcels or groups of parcels under unified application that contain 100 acres or more and are crossed by the proposed Route 202 expressway corridor shown in the Circulation Plan element of the Township's Comprehensive Plan update of 1987. When approved as a Zoning Map amendment, the district shall be shown on the Township Zoning Map as an overlay of the conventional mapped districts.

B. Expressway corridor preservation. The Route 202 expressway corridor shall be shown on the applicant's plans, using the latest PennDOT alignment available at the time the plans are submitted. The corridor shall be reserved from development for a period of 25 years from the date of final plan approval. Any part of the proposed corridor that is not acquired by PennDOT after 25 years may be retained by the property owner for use in compliance with the requirements of this overlay district.

C. Use of the expressway corridor.

(1) Interim use. Until the corridor is used for highway purposes, the land may be used as public open space, or for private farming and/or private open space and recreation uses, provided that no buildings are constructed within the corridor for these purposes and provided that the applicant agrees that these uses shall stop when highway construction is approved, or when otherwise required by the Board of Supervisors.

(2) Permanent use. The corridor may be used for road and utility crossings, driveways and stormwater management facilities approved by the Board of Supervisors.

D. Ownership and application procedure. Land proposed for this district shall be under single and separate ownership or be subject to a unified application. Applications shall be submitted and processed in compliance with § 230-156.2 of this chapter, Procedures and standards for conditional use approval, in addition to the following:

(1) The application for conditional use shall include the land use area plan, as required by § 230-204, herein.

(2) The application for conditional use shall also include a traffic management study, as required by Article XVI of the Subdivision and Land Development Ordinance.[2]

[2] Editor's Note: See Ch. 205, Subdivision and Land Development.

(3) In allowing a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this article. Such conditions and safeguards may include, but need not be limited to, agreements to perform transportation improvements, reserve open space, preserve historic structures and natural features or other measures that implement the purposes of this article.

E. Standards and criteria for conditional uses, land use and development. The requirements of §§ 230-198 through 230-205, herein, are conditional use standards and criteria to be satisfied for approval of conditional use, as well as land use, subdivision and land development.

F. Standards and criteria for gasoline filling stations permitted by conditional use. The following standards and criteria shall be applicable to all gasoline filling stations permitted by conditional use:

[Added 9-14-2020 by Ord. No. 20-312Z]

(1) There shall be no more than 18 fueling stations (nine pumps) associated with a gasoline filling station;

(2) The pumps shall be equipped with extended hoses to allow for fueling on both sides of vehicles;

(3) Retail sales in the canopy and kiosk areas shall be limited to gasoline and diesel fu el; there shall be no sales of oil, wiper blades, tobacco products, food or beverages;

(4) There shall be no outdoor display of goods for sale in the canopy or kiosk area;

(5) Permitted signage shall be limited to 21 square feet per side on each of the four sides of the canopy; no more than 84 square feet total on the canopy; and

(6) Hours of operation shall be limited to 6:00 a.m. to one hour after closing of the warehouse club or wholesale club.

[1] Editor's Note: Exhibits A and B are located at the end of this chapter. Exhibits C and D consist of boundary descriptions, which descriptions are on file in the Township offices.

§ 230-199 Permitted land use categories.

[Amended 1-11-1999 by Ord. No. 98-97Z]

Permitted uses are listed under five permitted land use categories, nonretail, retail, institutional, low-density residential and medium- and high-density residential. These five are subject to the mixing regulations and development options in § 230-201, herein. In addition, wireless telecommunications facilities shall be permitted by right, special exception or conditional use, depending on the type of facility, in compliance with Article XXX herein.

A. Nonretail uses. The following are permitted nonretail uses and shall be regulated according to the provisions specifically stated in each subsection:

(1) Business or professional offices, including office parks and corporate headquarters according to the provisions of § 230-205I, herein, except that the maximum building coverage for each lot shall be 25% of the lot area.

(2) Hotels, convention or conference centers, bed-and-breakfast facilities according to the provisions of § 230-205I, herein, except that the maximum building coverage for each lot shall be 25% of the lot area.

(3) Scientific research laboratory, engineering center, manufacturing, fabricating, assembling, processing, warehousing and storage according to the provisions of §§ 230-115, Height regulations, and 230-116, Area, width and yard regulations, of the LI Limited Industrial District. These may include limited retail sales as permitted under § 230-103D of the Zoning Ordinance.

(4) Large scale indoor or outdoor public or private recreation facility, including tennis and racket clubs, skating rinks, public swimming pools, bowling alleys, fitness centers, golf centers, miniature golf and similar facilities (but not including stadiums or arenas), as regulated under § 230-103C(2) and (3) herein, according to the provisions of §§ 230-115, Height regulations, and § 230-116, Area, width and yard regulations, of the LI Limited Industrial District of the Zoning Ordinance.

(5) Indoor theaters containing not less than six nor more than 22 screens.

[Added 1-27-2003 by Ord. No. 00-129Z]

B. Retail uses.

(1) Unless otherwise noted, all retail uses listed in this section shall comply with the retail center regulations in §§ 230-206 through 230-213, herein. Retail uses of 10,000 square feet of floor area or less, and not associated with a retail center, shall comply with the C Commercial District Regulations in §§ 230-76 and 230-77.

(2) Retail uses shall be further separated into five subcategories: standard uses permitted by right, standard uses permitted by conditional use, alternative uses permitted by right, alternative uses permitted by conditional use and alternative uses permitted by special exception. Alternative retail uses are those that are characterized by one or more of the following: less vehicular traffic, lower parking demands or parking demands at time periods different from those of standard retail uses. Alternative retail uses need not be separate from standard retail uses, but the alternative retail uses shall represent a minimum of 10% of the total retail uses. The conditional use or special exception application for individual uses may be submitted at the time of the conditional use application for the overall development, or at any time after the conditional use for the overall development has been approved.

(a) Standard retail uses permitted by right. Shops, stores or other indoor facilities for the retail sale of goods or merchandise to the general public for personal, household or other private consumption and the rendering of services incidental to the sale of such goods, including but not limited to the following types of stores, are permitted by right:

[1] Retail sale of dry goods, variety merchandise, clothing, food, beverages, flowers and plants, drugs, household supplies, garden supplies and equipment, athletic and/or recreational equipment and auto parts or similar goods.

[2] Motor vehicle sales facilities for new and used motor vehicles are prohibited.

[3] Retail sale and repair of jewelry, clocks, optical goods, cameras, home appliances, computers and other electronic equipment, scientific and professional instruments or similar goods.

[4] Restaurants, taverns and indoor eating facilities; drive-through and fast food facilities are permitted up to 5,000 square feet maximum in gross floor area each. (Fast food facilities are defined as being establishments where any one of the following occur or apply: no table service, food is dispensed by cafeteria style; no bussing of tables; and the use of disposable utensils).

(b) Standard retail uses permitted by conditional use.

[Amended 9-14-2020 by Ord. No. 20-312Z]

[1] Restaurants or similar indoor eating facilities with drive-through and fast food facilities larger than 5,000 square feet in gross floor area;

[2] Gasoline filling stations on the same lot as a warehouse club or wholesale club or situate in a unified development containing a warehouse club or wholesale club, such gasoline filling station open only to members of the warehouse club or wholesale club and not open to members of the general public; and

[3] Motor vehicle sales facilities for new and used motor vehicles are prohibited.

(c) Alternative retail uses permitted by right. The following alternative retail uses shall be permitted by right:

[1] Banks and financial institutions, including drive-through facilities.

[2] Offices developed as part of a retail center. Offices may also be developed as part of the nonretail use category, according to the provisions of § 230-205A herein.

[3] Service shops, including barber, beauty salons and dry cleaning pickup.

[4] Restaurants, taverns or similar indoor eating facilities, excluding all drive-through and fast food facilities.

[5] Stores that sell furniture, carpeting or other large-scale items and that have lower trip generation rates.

[6] Similar uses to the above alternative retail uses, if the applicant can demonstrate that the use meets the standard in § 230-199, above.

[7] Motor vehicle sales facilities for new and used motor vehicles are prohibited.

(d) Alternative retail uses permitted by conditional use.

[1] Indoor theaters or entertainment facilities (excluding adult uses or sexually oriented businesses), as regulated under §§ 230-76 and 230-77 of the C Commercial District of the Zoning Ordinance, shall be alternative retail uses permitted by conditional use.

[2] Motor vehicle sales facilities for new and used motor vehicles are prohibited.

(e) Alternative retail uses permitted by special exception.

[1] Auto repair facilities, when authorized by special exception and excluding the following: auto parts stores, junkyards, auto body and painting facilities, gasoline filling stations, and car washes.

[Amended 4-27-2009 by Ord. No. 09-236Z]

[2] Motor vehicle sales facilities for new and used motor vehicles are prohibited.

C. Institutional uses. The following are permitted institutional uses and shall be regulated by the dimensional and development regulations in § 230-205I, herein:

(1) Licensed institutions for housing and care of the elderly, handicapped or mentally ill, including personal care, intermediate care and skilled care facilities.

(2) Places of worship and adjunct dwelling units for clergy and support staff, and accessory educational, day-care, recreational and social facilities administered directly by the institution.

(3) Funeral homes, post offices, veterinary facilities and animal hospitals.

(4) Medical, surgical or rehabilitation clinics or hospitals.

(5) Public or private educational institutions (whether primary or secondary), trade or professional schools and learning centers.

(6) Day-care centers, subject to the provisions of Article XXI, § 230-156.1, herein.

D. Low-density residential uses. Low-density residential uses shall be regulated by the standards of the R-2 and Cluster Districts, Articles VI and VIII respectively, of the Township's Zoning Ordinance. The minimum tract size required by the standards shall not apply but shall be superseded by the minimum percentage standards in § 230-201, herein. Open space required by the Cluster District shall be provided in addition to other open space required by the overlay standards and shall be located convenient to the R-2 development.

E. Medium-high density residential uses. Duplex, twin and townhouse development shall comply with § 230-50, Area, height and bulk regulations, of the R-3A Medium Density Residential District of the Township Zoning Ordinance, except that the minimum tract size required by the R-3A standards shall not apply but shall be superseded by the minimum percentage standards of the overlay options of this district. Apartment development shall comply with the area, height and bulk regulations of § 230-37 of the R-3 High Density Residential District of the Township's Zoning Ordinance, except that the following regulations shall supersede any contradictory regulations of the R-3 High Density Residential District for apartment complexes within the ECPOD Expressway Corridor Preservation Overlay District:

[Amended 6-25-2001 by Ord. No. 01-137Z]

(1) The maximum number of dwelling units per gross acre shall not exceed 14.

(2) The maximum number of dwelling units per building shall not exceed 30 with the exception that one building in an apartment complex shall be permitted up to a maximum of 50 dwelling units provided such building also contains a community room and/or recreational amenities available to all the residents of the apartment complex.

(3) The building height of any individual buildings shall not exceed 46 feet or three stories, except that one building in an apartment complex shall be permitted a building height not to exceed 57 feet or four stories provided that such building shall contain a community room and/or recreational amenities available to all the residents of the apartment complex.

(4) Side and rear yard buffer areas may be eliminated adjacent to permanently dedicated open space and lands preserved for the expressway corridor under § 230-198, and may be reduced to 20 feet adjacent to lands zoned or utilized for residential purposes.

(5) The minimum tract size required by the R-3 standards shall not apply but shall be superseded by the minimum percentage standards of the overlay options of this district.

(6) The requirements of § 230-38S shall not apply to apartment buildings within the ECPOD District.

F. Accessory uses. Uses subordinate to and customarily incidental to the permitted uses listed above shall be permitted in compliance with the standards applicable to the permitted use to which they are accessory.

§ 230-200 Open space, historic preservation and civic uses.

Open space and historic preservation are required by Overlay Options Nos. 2 and 3 of this district, but they do not count as land use categories for mixing purposes. Land required to be preserved for open space shall not be counted as acreage for any permitted land use category listed in § 230-199, herein. The open space shall be offered for dedication, and easements shall be granted to the Township upon approval of final plans and posting of escrows for the first phase of development. The Township need not accept dedication.

A. Use of open space/historic land areas. Land dedicated for open space or used for historic preservation, civic buildings and their accessory uses may be authorized by the Board of Supervisors. These may include community center, museum and public library uses, provided in addition to recreation and environmental or historic preservation. Nothing in this chapter shall preclude the Board of Supervisors from selling, exchanging or trading land intended for the above uses if another parcel of land can be acquired by purchase, exchange or trade that will accomplish the same open space, historic or civic use purpose.

B. Open space preservation easements. On land not dedicated as open space, open space easements to the Township shall be placed on all floodplains, wetlands and watercourses for environmental preservation and passive recreation purposes, including trails.

C. Historic preservation.

(1) If the Board of Supervisors determines that there is any historic significance to any buildings located on a property, and if the Board decides that it is economically feasible to rehabilitate such building(s), the Board of Supervisors shall require that such building(s) be preserved, within an area that retains the historic setting.

(2) In lieu of rehabilitating such building(s), the applicant may offer to convey such building(s) to the Township. If the Township accepts dedication, the developer will convey the building and tract to the Township. The conveyance shall include restrictions on the use of the building(s) as are reasonable, and the Township shall rehabilitate the building(s) within a reasonable time after conveyance. The developer will contribute 50% of the cost of rehabilitation.

(3) The historic building(s) may be used for civic or private purposes permitted by this district. The bulk, scale and historic character of the building(s) shall be preserved to the greatest extent feasible, subject to approval by the Board of Supervisors.

(4) Historic preservation easements shall be placed on historic properties. However, public access to residential/farmstead properties shall be prohibited as long as they are used privately for those purposes.

D. Criteria for open space areas. Of the minimum required total open space on a tract (as determined by § 230-201, herein), the applicant shall provide one contiguous open space area which shall meet the following criteria:

(1) The contiguous open space area shall be a minimum of 35% of the required total minimum open space on the tract.

[Amended 12-22-1997 by Ord. No. 97-77]

(2) The contiguous open space area shall have a minimum of 500 feet of frontage on a public road (excluding a limited access expressway) or shall be adjacent and contiguous to existing Township open space and shall be easily accessible to Township residents and usable for the purposes proposed.

(3) No more than 30% of the contiguous open space area can be covered by designated wetlands and/or floodplain.

(4) Stormwater detention basins shall not be counted toward the minimum requirement for the open space area. The area of ponds used as retention basins may be counted toward the minimum requirement.

(5) The open space area shall comply conceptually with the adopted Township Open Space Plan.

§ 230-201 Basic and incentive mixing regulations.

Development shall comply with one of the three overlay options in the table contained in this section, as well as the following standards:

A. Net tract area. The expressway corridor area shall be subtracted from the gross area of the property to provide the net tract area used for mixing calculations.

B. Designation of land use areas. The applicant shall divide the entire net tract area into areas designated for each land use category chosen from § 230-199, herein, new road rights-of-way, open space and/or historic preservation areas. Land required to be preserved for open space shall not be counted as acreage for any permitted land use category listed in § 230-199, herein. The total of these areas shall equal 100% of the net tract area and be shown on the land use area plan required by § 230-204, herein.

C. Table of Overlay Options. The Table of Overlay Options lists the overlay options, their requirements, the percentage limits for the land use categories and the required open space. The designated land use area for each chosen category shall be not less than the minimum and not more than the maximum percentages of the net tract area listed in the table.[1]

[1] Editor's Note: The Table of Overlay Options is located at the end of this chapter.

D. The minimum required percentage of net tract area for each land use category on the Table of Overlay Options shall apply only to the minimum required three categories. If an applicant chooses to provide a fourth or fifth land use category, the minimum required percentages shall not apply to the additional categories.

§ 230-202 Incentive standards for overlay option No. 2.

Development under the Overlay Option No. 2, § 230-201C, herein, shall satisfy the following transportation and open space standards, subject to approval and conditions by the Board of Supervisors:

A. Required transportation improvements.

(1) Roads and intersections within the defined study area. The applicant shall improve all roads and intersections determined to be in need of improvement by the Montgomery Township Traffic Management Study and which have been included in the applicant's traffic impact study, as determined by the Township. The following criteria shall be applied to all intersections as defined above:

(a) For each lane group with a predevelopment Level of Service A or B, the postdevelopment level of service for that lane group may be increased to no more than 20 seconds of average delay per vehicle or the middle of Level of Service C.

(b) For each lane group with a predevelopment Level of Service C, the postdevelopment level of service for that lane group may be increased to no more than 35 seconds of average delay per vehicle, or 2/3 of Level of Service D.

(c) For each lane group with a predevelopment Level of Service D, the postdevelopment level of service for that lane group may be increased to no more than 40 seconds of average delay per vehicle, the maximum delay for Level of Service D.

(d) For each lane group with a predevelopment Level of Service E or F, every effort shall be made to improve the lane group to a Level of Service D. If a postdevelopment Level of Service D cannot reasonably be achieved, the applicant shall make sufficient improvements to maintain a postdevelopment lane group average delay of no more than the predevelopment delay plus 10%.

(e) Under no circumstances shall any lane group with a predevelopment volume/capacity ratio of less than 1.0 be permitted to increase beyond 1.0.

(f) Criteria; mitigation.

[1] Where the postdevelopment criteria for the level of service and average delay cannot be attained for any reasons, including but not limited to geometric design limitations, topographical constraints, presence of man-made structures or obstructions and unavailability of necessary right-of-way, the applicant shall seek the advice of the Township, through the Township's Traffic Engineer, for appropriate mitigation measures based upon practical limitations and sound engineering judgment. The Traffic Engineer's charges therefor are to be paid by the developer.

[2] In each and every instance, the Board of Supervisors shall make the final determination of the predevelopment and postdevelopment levels of service and the traffic study area and whether there shall be mitigation and, if so, to what extent thereof.

(2) Public transit improvements. The applicant shall provide bus pull-off areas, shelters and pedestrian access from major buildings to the shelters, acceptable to the Board of Supervisors, with advice of the Township's Traffic Consultant and SEPTA and/or other transit providers. In addition, turning radii and pavement construction shall be suitable for bus circulation where appropriate.

(3) Closed loop traffic signal system. As directed by the Board of Supervisors, applicants shall be required either to contribute to the funding or to install a Township-wide closed loop traffic signal system (and pay for a proportionate share of corresponding hardware and software or to install the proportionate part of corresponding hardware and software) for every intersection included within the traffic study area. Where the responsibilities for a specific intersection overlap between two or more applicants, funding shall be required on a basis proportional to the trips generated from each development and the proximity of the intersection to each development. The decision as to what portion or for what intersections the closed loop traffic signal system shall be installed shall be determined by the Board of Supervisors, and, in doing so, the Supervisors shall take into consideration other applicants whose proposed development will contribute to the need for the closed loop traffic system.

B. Required open space. A minimum of 10% of the net tract area shall either be offered for dedication to the Township or be placed under permanent easement (the choice to be determined by the Township) for open space and environmental protection, historic preservation and civic uses, subject to the standards of § 230-200, herein.

§ 230-203 Incentive standards for overlay option No. 3.

Development under the Overlay Option No. 3, § 230-201C, herein, shall satisfy the following standards, subject to approval and conditions by the Board of Supervisors:

A. Required transportation improvements.

(1) The applicant shall be required to meet the required transportation improvements standards for Overlay Option No. 2, contained in § 230-202, herein.

(2) The applicant shall do at least one of the following two transportation improvements, subject to approval by the Board of Supervisors:

(a) Additional road connections. A new public road or roads shall be constructed by the applicant to connect between or among existing principal and secondary arterial roads adjacent to the site. Connecting roads shall be designed to handle nondevelopment traffic, as well as provide access to the development.

(b) Trip reduction. The applicant shall construct and maintain a park and ride lot to encourage carpooling and public transit use by commuters. Location, capacity and design shall be subject to approval by the Board of Supervisors, with the advice of the Township's Traffic Consultant.

B. Required open space. A minimum of 30% of the net tract area shall either be offered for dedication to the Township or be placed under permanent easement (the choice to be determined by the Township) for open space and environmental protection, historic preservation and civic uses, subject to the standards of § 230-200, herein.

C. Route 309 frontage and access. For retail development of 25% or more of the net tract area, permitted only under Overlay Option No. 3, the subject property must have a minimum of 500 feet of frontage on Route 309, and the subject property must have primary access directly onto Route 309 via private driveways or new public streets developed for that purpose.

§ 230-204 Land use area plan.

All applications for conditional use approval or subdivision and development shall include a land use area plan that complies with the following:

A. Boundary delineation. Boundaries of the expressway corridor, land use category areas, open space, historic preservation areas and road rights-of-way shall be delineated by metes and bounds the same as lot lines would be shown. No part of the property may be undesignated and no illogical boundaries will be permitted. Land required to be preserved for open space shall not be counted as acreage for any permitted land use category listed in § 230-199, herein.

B. Acreage, classifications and percentages of net tract area. The acreage and classification shall be noted for each area delineated. Land use category areas shall also note their percentages of the net tract area to show compliance with the mixing options. Pockets of other land use categories may be located within land use category areas, provided that the limits, acreages and percentages are noted for each.

C. Boundary tolerance. Buildings, parking, service areas, internal vehicular circulation and required landscaped areas for a designated land use category shall not overlap a boundary between land use categories. Vehicular access may be shared along a boundary between land use categories. Vehicular access for one land use category may pass through another land use category.

D. Relationship to land development plan. The land use area plan shall designate land use areas and other site areas on a sketch plan that shows buildings, parking, landscaped areas and other existing and proposed features typically shown on a land development plan. The approved land use area plan shall be used as the basis for subsequent preliminary subdivision and land development plans.

E. Design and development flexibility. Design and development flexibility is allowed following approval of a land use area plan, shown on a sketch plan of subdivision and land development, as follows:

(1) If an applicant wishes to add an adjacent parcel that is not within the limits of the mapped overlay district and the metes and bounds description attached to this chapter, the applicant must first apply for a Zoning Ordinance Map amendment to extend the overlay district and receive approval to the extension by the Board of Supervisors. Adjacent parcels may be added to the original application, provided that they meet the following criteria:

(a) The added parcels are not separated from the subject site by a public road that existed at the time the district was first applied to the subject site.

(b) Any land use area and development plan revisions shall be done in compliance with the standards of this district, including the percentages of land use areas and required open space, and applicable zoning requirements.

(2) Individual lots may be leased or sold for development in compliance with applicable use and dimensional standards.

(3) Development may be done in phases which shall be identified during the initial preliminary plan review submission. Total development for all phases shall not exceed development shown on the approved land use area plan, required under § 230-204, herein.

(4) An approved land use area plan may be revised by the applicant when approved by the Board of Supervisors, according to the regulations of this chapter.

§ 230-205 Additional dimensional and development regulations.

The following standards shall apply to development in this district:

A. Offices, institutional uses or other nonretail uses developed in a retail center shall be counted as retail land use unless they are located within a designated area of nonretail land use, a minimum of one acre in area to include buildings, loading areas, walkways, the required minimum parking area, etc.

B. For reasons of traffic safety and congestion, new vehicular access from existing streets shall be limited to a minimal number of major access locations. These intersections shall be justified by a traffic impact analysis that complies with the Township's requirements. Otherwise, all new development shall be internalized so that access occurs from new internal streets.

C. Medium- and high-density residential development shall be permitted only on parcels with the following characteristics:

(1) Minimum area of five contiguous acres with a minimum contiguous road frontage on an arterial road of 200 feet.

(2) Location immediately abutting existing Township open space, or a parcel that contains existing medium- or high-density residential, or existing or proposed retail development, with the opportunity where feasible to provide direct vehicular and/or pedestrian connections between the proposed and existing developments.

D. Proposed medium- and high-density residential buildings shall be set back a minimum of 75 feet and parking shall be set back a minimum of 20 feet from the lot lines of off-site, abutting lots with existing single-family dwellings, and such medium- and high-density buildings shall be set back a minimum of 40 feet from the ultimate right-of-way of arterial roads and parking and garage buildings shall be set back a minimum of 30 feet from the ultimate right-of-way of arterial roads. Proposed medium- and high-density residential buildings shall be set back a minimum of 20 feet from all interior access drives. Parking spaces within an apartment complex located in the ECPOD Expressway Corridor Preservation Overlay District shall be no less than 20 feet in length and nine feet in width.

[Amended 6-25-2001 by Ord. No. 01-137Z]

E. All new development under this district shall provide landscaped screen buffers, as required by § 205-52C(4)(a) of the Subdivision and Land Development Ordinance, where it abuts existing residential development (including across a public road) that is not similar in land use type, character and intensity. The screen buffer shall also contain supplementary earth berms and may contain decorative walls or fences.

F. All buildings for retail development and their accessory uses shall be located within a corridor limited in depth from the ultimate right-of-way of Route 309 as follows: 2,500 feet for developments submitted under Overlay Options Nos. 1 and 2; 1,830 feet for developments submitted under Overlay Option No. 3. Only nonretail, residential, institutional, open space and historic preservation areas are permitted beyond the permitted limits. Paving for retail development will be allowed up to a distance from the ultimate right-of-way of Route 309 of 1,900 feet for Overlay Option No. 3 and 2,500 feet for Overlay Options Nos. 1 and 2.

G. Development must comply with Township's landscaping requirements, Article VI of the Subdivision and Land Development Ordinance.

H. All development in this district shall be served by public sewer and water facilities.

I. Dimensional and development regulations for institutional uses and nonretail uses specified in § 230-199A(1) and A(2):

(1) Minimum lot size: one acre.

(2) Minimum lot width: 100 feet at the building line and 50 feet at the street line.

(3) Minimum building setbacks:

(a) From the ultimate right-of-way of any street:

[1] One hundred feet if parking is located between the principal building and the street.

[2] Thirty-five feet if no parking is located between the principal building and the street.

(b) From property lines: 35 feet.

(4) Minimum parking, driveway and service areas setbacks:

[Amended 11-26-2001 by Ord. No. 01-147Z; 6-10-2002 by Ord. No. 02-158ZS]

(a) From the ultimate right-of-way of any street: 35 feet.

(b) From property lines: 10 feet.

(c) From lands preserved for the expressway corridor under § 230-198: no setback required.

(5) Minimum setback from property lines abutting existing low-density residential uses: 100 feet for any buildings, 25 feet for any parking, driveway and service areas.

[Amended 11-26-2001 by Ord. No. 01-147Z; 6-10-2002 by Ord. No. 02-158ZS]

(6) Maximum height: 45 feet.

(7) Maximum building coverage: 40% of lot area.

(8) Maximum impervious surface coverage: 75% for institutional uses and nonretail uses, specified in § 230-199A(1) and (2), located in the ECPOD Expressway Corridor Preservation Overlay District.

[Amended 11-12-2007 by Ord. No. 07-223Z]

J. Shared parking. Two or more adjacent buildings or lots used for retail, nonretail or institutional purposes may share parking facilities according to the following requirements:

(1) The total number of spaces required for all uses sharing the common parking may be reduced by up to 25% if the applicant demonstrates that a common parking area will accommodate expected parking demand and provide substantial benefits in terms of reduced impervious surface coverage and safe and efficient access.

(2) All shared parking spaces shall be adjacent and convenient to the uses they serve.

(3) Access and parking easements may be required to be shown on the plan and be recorded in the Montgomery County Office of the Recorder of Deeds.

(4) Side or rear setbacks for parking, driveways and service areas shall not apply in the area of shared parking. A shared parking lot shall be considered as one parking lot with respect to the access and other requirements of this chapter. The parking lot shall comply in all other respects with this and other Township ordinances. An existing parking lot that does not comply with the requirements of this chapter may be used for shared parking, when approved by the Board of Supervisors.