A.
The IN Institutional District shall be and is an overlay of the TC Town Center, NC Neighborhood Commercial, O/C Office/Commercial, O/L Office/Laboratory, O/R Office/Residential, I-1 Limited Industrial, and I-2 General Industrial Districts except as otherwise provided in §325-45B. The regulations in this district shall supplement the regulations otherwise applicable in the aforementioned underlying zoning districts when a use permitted by this subsection herein below is proposed. The purpose of this district is to encourage the preservation and subsequent logical and timely development for institutional purposes, conference centers, and specialized residential housing uses. The protective standards in this article are intended to minimize any possible adverse effect of a use permitted in the IN Institutional District on nearby premises.
[Amended 5-9-2000 by Ord. No. 287; 11-24-2015 by Ord. No. 428; 10-14-2020 by Ord. No. 457; 5-25-2022 by Ord. No. 469]
(1)
In the zoning districts where the Institutional District
applies and is utilized, the regulations of this article shall supersede
the use regulations and bulk regulations of the underlying zoning
district. To the extent there is a conflict between any other regulation
applicable in the underlying zoning district and the regulations applicable
in the Institutional District, the more restrictive and comprehensive
regulations shall apply.
(2)
Should the Institutional District boundaries be revised
as a result of legislative or administrative actions or judicial decision,
the zoning requirements applicable to the area in question shall revert
to the requirements of the underlying zoning district(s) without consideration
of this article.
B.
Use regulations. The following uses, and no others,
shall be permitted in this district:
(1)
Churches, chapels or other places of worship and their
adjunct residential dwellings.
(2)
Colleges, universities and theological schools and
adjunct dormitories and other uses customarily incidental to a school.
(3)
Convents and monasteries.
(4)
Institutional headquarters for educational, fraternal,
professional, religious and other nonprofit organizations of a similar
nature.
(5)
Medical and surgical hospitals or clinics and sanitaria
and philanthropic institutions.
(6)
Institutions for the care of the aged or children.
(7)
Schools and other educational facilities.
(8)
Municipal buildings, offices, garages and other municipal
uses.
(9)
Camps, recreational facilities and open space preservation
areas.
(10)
Libraries.
(11)
Cemeteries, provided that a tract of not less
than 10 acres is available.
(12)
Licensed nursing or convalescent home.
(13)
Life-care and personal care living facilities
for senior citizens and service facilities associated with a life-care
facility, including community facilities, congregate dining facilities,
personal care and health care services, including resident nursing
beds and nursing care for not more than 25% of the maximum population
of the life-care facility to which these services are associated.
These services shall be for the exclusive use of the residents of
the associated facility, except that they may be open to nonresidents
during the first three years of the facility's operation.
(14)
Conference center with professional meeting
and training facilities for 50 or more persons, which may include
related lodging and dining facilities; provided, that, the minimum
lot size is 25 acres. Recreational facilities, service stores and
other similar facilities for use exclusively by conference participants
and employees shall be permitted in conjunction with the conference
center.
(15)
Active adult community along with active adult community accessory
use(s), including clubhouse, swimming pool, bocce, indoor and outdoor
recreational uses, trails, fitness center, guest parking, dog park,
outdoor grilling, picnic areas, and other similar uses to the foregoing.
Active adult communities are not permitted the IN Institutional District
where it overlays the I-1 Limited Industrial and I-2 General Industrial
Districts.
[Added 5-25-2022 by Ord. No. 469[1]
[1]
Editor's Note: This ordinance also redesignated former Subsection
B(15) as Subsection B(16).
(16)
Accessory uses customarily incidental to any
of the above uses including, but not limited to, agriculture, offices
of staff doctors, residences of institutional employees and recreational
facilities
C.
Development regulations. For all authorized buildings
and uses, except for an active adult community or where a more specific
requirement is provided for a life-care facility, the following regulations
shall apply:
[Amended 5-25-2022 by Ord. No. 469]
(1)
Area and width. No institutional district lot shall
be less than four acres, and no institutional district lot shall have
a width of less than 100 feet measured along the building line.
(2)
Lot coverage. The total impervious coverage shall
not exceed 50% of the total lot area. The remaining area shall be
used for and maintained as landscaped open space, a recreational area,
woodlands or similar nonintensive use.
(3)
Height. The maximum height of any building shall be
35 feet, excluding steeples.
(4)
Sewer and water facilities. The proposed institutional
use shall be served by a public sewer and water system.
(5)
Building and parking setbacks. The following building
and parking setback requirements shall apply to all development in
the IN Institutional District.
|
Setback Requirement
|
Distance
(feet)
| ||
|---|---|---|---|
|
Minimum building setbacks:*
| |||
|
From road right-of-way
|
50
| ||
|
From any other property line
|
50
| ||
|
From interior drives or parking lots except
in areas required for loading or passenger dropoff
|
15
| ||
|
From adjacent buildings. (All structures connected
by common roof lines or covered walkways shall be considered one building.)
|
Distance equal to height of taller building
| ||
|
Minimum parking setbacks
|
25
| ||
|
NOTES:
| ||
|---|---|---|
|
*
|
Minimum required setback shall be increased
one foot for each foot or portion thereof of building height in excess
of 35 feet.
| |
(6)
General landscape requirements. In addition to the buffers required in § 325-33 herein, all other areas not devoted to buildings or parking shall be landscaped with trees, shrubs, ornamental plants and grass or other appropriate ground cover.
(7)
Parking lot landscaping. For parking areas of more
than 20 cars, a minimum of 10% of the parking lot shall be devoted
to interior parking lot landscaping, exclusive of any other landscaping
or buffering requirements of this article. The minimum dimension of
a planting island shall be nine by 18 feet.
(8)
Landscape plan. A landscape plan shall be submitted
for any development in the IN District to document all proposed buffering,
general tract landscaping and parking lot landscaping.
D.
Life-care facilities. Recognizing the growing need
for life-care facilities for the aged, which includes the need for
quality housing, community, health and nursing centers, open space
and recreational areas, regulations are provided to permit the development
of life-care communities, as a conditional use subject to the following:
[Amended 3-10-2004 by Ord. No. 310]
(1)
Administration. The administration of the procedures for application and approval of life-care facilities shall be vested exclusively in the Board of Supervisors as provided by § 325-124 of this chapter.
(2)
Prerequisites for life-care facilities development.
The following conditions must be satisfied before an application for
a life-care facility can be considered.
(a)
Any tract of land to be so developed shall be
in one ownership or, in case of multiple ownership of the tract, evidence
shall be presented of a written agreement between the parties involved
and said agreement shall provide in terms satisfactory to the Board,
that the development will be in accordance with a single plan with
common authority and common responsibility.
(b)
The tract must have available sewer and water
facilities satisfactory to the Board. In this regard, centralized
sewer and public water will be deemed to be satisfactory to the Board.
(c)
The tract size must be a minimum of 20 acres.
(d)
The life-care operation shall be subject to
payment of real estate taxes and/or make alternative equivalent arrangement.
(3)
Use regulations. Subject to § 325-124A below:
(a)
Residential. Two-family detached dwelling, single-family
semidetached dwelling, single-family attached dwellings, multifamily
dwelling, interconnected by means of covered or enclosed walkways,
with provision for wheel chair access to all units and facilities.
(b)
Accessory uses. Community center, nursing facility,
medical health center, central dining facilities, administrative offices
used in the management of the life-care facility and activity, craft,
hobby, gift and personal service shops reasonably integrated in the
residential community and intended for its exclusive use.
(4)
Area, bulk and density regulations. The following
regulations shall apply to life-care facilities in all areas of the
Township.
(a)
Gross residential density (maximum): four dwelling
units per acre.
(b)
Building coverage (maximum): 20%.
(c)
Lot coverage (maximum): 30%.
(d)
Common open space (minimum): 50%.
(f)
Building setback from exterior streets, roads
or highways: 100 feet.
(g)
Building setback from property line: 100 feet.
(5)
Development standards. The following standards shall
govern the design of a life-care facility.
(a)
General tract considerations.
[1]
Consideration shall be given to protecting and
improving aesthetic quality of the tract. Earthmoving, including filling,
tree clearance and destruction of natural amenities, including views
shall be minimized. Natural features such as lakes, streams and wooded
slopes shall be preserved and incorporated into the design of the
development wherever possible and desirable. The location of trees
and other natural features must be considered when planning the open
space, location of buildings, roads, parking areas, underground services,
walks and finished grades. In order to facilitate adequate general
tract design, the applicant shall prepare a site analysis, including
graphic material of the natural conditions of the tract.
[2]
High quality landscaping shall be regarded as an essential feature of the life-care facility and shall conform to § 325-32 of this chapter. Particular attention shall be given to the landscaping of parking areas and streets.
[3]
Design and construction shall be such as to
minimize any adverse effect on adjoining properties.
(b)
Housing sites.
[1]
Dwellings may be provided for separate ownership
and rental.
[2]
To create architectural interest in the layout
and character within the life-care facility, variations in building
setbacks shall be encouraged.
[3]
All housing shall be designed with regard to
the topographic and other natural features on the site.
[4]
Housing shall be designed and sited so as to
provide adequate privacy between dwelling units.
[5]
The life-care community shall be designed to
include individual unit and central control of security, fire and
life safety systems.
[6]
Routes for vehicular and pedestrian access and
circulation and parking shall be convenient without creating nuisances
or detracting from residential privacy.
[7]
All trash, refuse and similar containers therefor
shall be directly concealed from view.
(c)
Common open space.
[1]
Areas agreed by the applicant and the Township
to be set aside for open space and residential areas shall be suitable
for the designated purpose and in any case shall be consistent with
the Township policy and plan for future land use.
[2]
Open space shall contain no major structures
other than those related to the purposes of open space and shall be
maintained by the life-care community.
[3]
Up to 50% of an underground utility easement
or 30% of an aboveground utility easement may be considered for part
of the total common open space area required.
(d)
Streets, parking and sidewalks.
[1]
Streets within the life-care facility development shall be related to land uses and to the adjacent street system, as well as to the layout of the housing and accessory uses. Each street shall be designed and constructed in accordance with the applicable specifications of Chapter 281, Subdivision and Land Development, of the Code of the Township of West Whiteland. However, where the purposes of this article would be served, the Board may modify the specific terms of Chapter 281, Subdivision and Land Development, provided that a similar standard in performance is achieved. Where private streets are proposed, acceptable provision for their maintenance shall be an essential part of the development plan.
[2]
Parking for all uses within the life-care facility development shall be in accordance with the requirements for off-street parking set forth in § 325-39 herein, with the exception that residential parking requirements shall be one space for every two residential units.
[3]
An adequate system shall be provided for safe
and convenient pedestrian circulation consisting of approved paved
all-weather surface walkways. Particular attention shall be given
to pedestrian safety along the various streets proposed to be constructed.
(6)
Application for approval of life-care facility development.
(b)
Plans submitted for approval shall be signed
and sealed by a registered engineer and prepared in accordance with
all applicable Township ordinances except as noted below and shall
show the following:
[1]
The location, size and topography of the site
and the nature of the landowner's interest in the land proposed to
be developed.
[2]
The zoning designations of the subject land
area and adjoining properties. Any zoning district boundaries contained
within the overall tract(s) shall be clearly indicated and described
by their respective metes and bounds as well as gross land areas.
[3]
The location, size and uses of the common open
space and the form of organization proposed to own and maintain the
common open space.
[4]
The use and the approximate architectural design,
height, bulk and location of buildings and other structures as well
as any other site data for which compliance with zoning regulations
under this chapter is required.
[5]
The feasibility of proposals for the disposition
of the sanitary waste and stormwater and provision of public water
supply as determined by a professional engineer, registered in the
Commonwealth of Pennsylvania.
[6]
The substance of covenants, grants of easements
or other restrictions proposed to be imposed upon the use of the land,
buildings and structures including proposed easements or grants for
public utilities.
[7]
The provisions for parking of vehicles and the
location and width of proposed streets and public ways, together with
a traffic feasibility study relative to anticipated impact on traffic
circulation in the Township resulting from the proposed life-care
facility and measures proposed to minimize such impact.
[8]
The required modification in the land use regulations
otherwise applicable to the subject property.
[9]
Descriptions of any public facilities which
would be required to be provided in connection with the proposed life-care
facility.
[10]
In the case of development plans
which call for development over a period of years, the landowner shall
designate geographic sections for development under the plan and file
a schedule showing the proposed times within which applications for
final approval of all sections of the development are intended to
be filed. This schedule must be updated annually, on the anniversary
of its approval until the development is completed and accepted and
is subject to approval by the Board upon each submission.
[11]
Additional information as required
by the Planning Commission and/or the Board of Supervisors.
(7)
Introductory and economic statements.
(a)
The applicant shall submit with the application
a written statement setting forth a description of the project, details
about the owner (and if corporate, its Board of Directors, officers,
capitalization and shareholders), how the project will be financed
through the construction period and thereafter, the timetable for
construction; details on how the project will be operated and the
reasons why, in the applicant's opinion, a life-care facility would
be in the public interest and would be consistent with the Comprehensive
Plan for the development of the Township.
(b)
The applicant shall submit with its application
an economic impact statement, describing the economic benefits, if
any, to the public and Township from the project.
(8)
Enforcement and modification of provisions of the
plan.
(a)
To further the mutual interest of the residents
of the life-care facility and of the public in the preservation of
the integrity of the development plan, as finally approved, and to
insure that modifications, if any, in the development plan shall not
impair the reasonable reliance of the said residents upon the provisions
of the development plan, nor result in changes that would adversely
affect the public interest, the enforcement and modification of the
provisions of the development plan as finally approved, whether those
are recorded by plat, covenant, easement, or otherwise shall be subject
to the provisions of the law as contained in § 706 of the
Pennsylvania Municipalities Planning Code.[3]
[3]
Editor's Note: See 53 P.S. § 10706.
(b)
In the event of conveyance of any land having been granted development plan approval under these sections, the surviving landowner(s) shall join in a new agreement as required under Subsection D(2)(a) above, prior to any application for construction of building(s) and/or improvements. Failure to provide evidence of such joinder in a form satisfactory to the Township shall be cause for invalidation of any prior approvals of development plans granted.
(c)
Any approvals granted to development plans under
these sections shall remain applicable to the entire tract of land
so approved and shall be deemed to run with the land in the event
of conveyance from the original landowner to another provided the
new landowner shall have within 30 days of the date of conveyance,
filed with the Township a certified letter (in a form satisfactory
to the Township) acknowledging acceptance of and intent to comply
with the development plan together with any stipulations that may
apply. Lack of such acknowledgment within the time indicated shall
be cause for invalidation by the Township of any prior approvals granted.
(d)
A development plan, or any part thereof, which
has been given final approval shall be so certified without delay
by the Board and shall be filed of record forthwith in the Office
of the Recorder of Deeds before any development shall take place in
accordance therewith. Pending completion within five years of preliminary
plan approval of said development or of that part thereof, as the
case may be, that has been finally approved, no modification of the
provisions of said development plan, or part thereof, as finally approved,
shall be made except with the consent of the landowner.
E.
Nuisance controls. Institutional use(s) shall make
provisions for control of each of the following:
(1)
Access. A planned system of efficient access, egress and internal circulation of traffic which shall interfere minimally with nearby traffic shall be required. Loading and unloading areas shall be provided where deemed necessary and shall be located to the rear of the proposed use and effectively screened from abutting residential district as set forth in § 325-33.
(2)
Lighting. Lighting shall be arranged in a manner which
will protect adjacent highways and neighboring properties from unreasonable
direct glare.
(3)
Solid waste disposal. A plan for the periodic, not
less frequently than weekly, disposal of solid waste material shall
be required. All solid waste shall be stored in covered containers
either within a building or outside. Any trash disposal area outside
a building shall be surrounded with either a masonry wall or opaque
fence, in either case, a gate shall be provided for access to the
trash container(s). The wall or fence shall be designed to shield
the trash area from direct view of any adjacent property and must
be at least six feet high. No solid waste shall be stored closer than
50 feet to any property line.
F.
Active
adult community.
[Added 5-25-2022 by Ord. No. 469]
(1)
Area
and bulk regulations.
(a)
Minimum gross tract area: 75 acres.
(c)
Maximum building coverage: 30% of net tract area.
(d)
Maximum impervious coverage: 60% of net tract area.
(e)
Maximum building height: 35 feet.
(f)
Maximum density: 4.0 dwelling units per gross tract acre.
(g)
Maximum density: 4.0 dwelling units per gross tract acre.
[1]
Minimum lot size: 7,500 square feet.
[2]
Minimum lot width at the street line: 50 feet.
[3]
Minimum front yard: 20 feet.
[4]
Minimum side yard: 10 feet.
[5]
Minimum rear yard: 25 feet. Covered decks that are not permanently
enclosed and patios shall be permitted to project a maximum of five
feet into the rear yard.
(i)
Two-family and townhouse dwellings shall be set back a minimum of
20 feet from roads within an active adult community.
(j)
Two-family and townhouse dwellings shall be set back a minimum of
20 feet from roads within an active adult community.
(2)
Sewer
and water facilities. An active adult community shall be served by
public sewer and water systems.
