The Planned Highway Corridor District is established
to provide opportunities for highway-related uses to develop along
the Route 3 Corridor (West Chester Pike) without reducing the function
of Route 3 as designated. The district is intended to provide an alternative
to traditional single-use parcel-by-parcel development by accommodating
a variety of activities and uses in the development of larger tracts
in a unified manner. In addition to the general goals stated in the
preamble of this chapter, the purposes of this article are to:
A. Recognize Route 3 as a principal arterial highway
and to retain the function of this access corridor.
B. Accommodate more intensive development usually related
to major roads.
C. Encourage site design that maintains the efficiency
of the circulation system and limits the number of direct-access connections
to Route 3.
D. Reduce the potential for conflicting purposes of access
along Route 3.
E. Limit the adverse impact to environmental conditions
created by highway-related uses accommodated under this district.
The Planned Highway Corridor District is an overlay district to be applied to the assigned base zoning district, as defined by the Willistown Zoning Map. The overlay district shall serve as an alternative to the otherwise applicable zoning district provisions. The Planned Highway Corridor District shall apply to tracts of land which satisfy the qualifying conditions set forth in §
139-129 below and shall be applicable to the portion of the Township bounded as follows: on the east and west by the Township border; on the north by a line parallel to the center line of Route 3 and 850 feet north of said center line and on the south by a line parallel to the center line of Route 3 and 600 feet south of said center line.
The following conditions shall be satisfied
prior to the consideration of any tract for development under the
provisions of this article by the Board of Supervisors. No tract shall
be eligible for development under this article unless it meets the
following conditions:
A. The tract(s) shall be entirely within the Planned
Highway Corridor District and shall be held in single and separate
ownership.
B. The tract shall be developed under a single master
development plan, which shall include all lands to be considered for
development, whether immediate or future.
C. The tract to be considered shall contain a minimum
of 15 contiguous acres to qualify for planned office park use or a
minimum of 10 contiguous acres to qualify for other uses under this
article.
D. The tract shall have frontage along Pennsylvania Route
3 -- West Chester Pike.
E. The tract and proposed lots shall be environmentally
suitable to support the type of development being proposed. Sewer
and water facilities shall be so designed to adequately serve the
proposed development and shall be in compliance with the regulations
of the Pennsylvania Department of Environmental Resources and any
other applicable governmental laws or regulations.
F. Unique natural features of the tract, including but
not limited to floodplain and steep slope areas, shall be preserved
through sensitive environmental site design.
G. All negative off-site impacts associated with a use under this district will be minimized through proper site planning. In complying with §
139-130 below, the applicant for conditional use shall demonstrate and disclose such potential impacts, and the application shall set forth the manner in which the adverse impact thereof shall be minimized.
H. For historic resources only, in order to qualify for the uses set forth in §
139-131H, the historic resource must be a single contiguous property entirely or at least partially within the Planned Highway Corridor District as defined in §
139-128 of this chapter. The historic resource must be on the Township's Historic Resources Inventory pursuant to §
139-162.
[Added 7-8-1986 by Ord. No. 7-1986;
amended 6-11-2001 by Ord. No. 3-2001]
All applications for conditional uses under
this article shall require a public hearing prior to action by the
Board of Supervisors upon the application. The hearing(s) shall be
held in order to receive public input on the project and to estimate
the level of impact a proposed use will pose on existing natural conditions,
community services and the highway network. The following minimum
requirements shall apply to all applications for conditional use under
this district, and no conditional use shall be approved by the Board
of Supervisors unless the applicant therefor satisfies the following
minimum requirements:
A. The applicant shall comply with the procedures governing conditional use applications outlined under §
139-118.1 of this chapter.
B. The applicant shall submit a master development plan
as part of a conditional use application, which includes the following
items, at a minimum:
(1)
Tract data: a survey plan which identifies total acreage of the tract, tract boundaries, showing bearings and dis-tances, and the ownership of the tract and all adjacent properties. The legal limits of the right-of-way to Route 3 shall be shown, along with the limits of an ultimate right-of-way as described under Subsection
B(5).
(2)
Environmental data: a plan which identifies
the limits of designated floodplain areas, seasonal wet and alluvial
soil conditions, woodland areas and steeply sloped land in excess
of a slope of 15%.
(3)
Development data: A sketch plan which indicates
any proposed subdivision of the tract with sufficient data to prove
that the proposed layout will comply with all requirements of the
Zoning and Subdivision and Land Development Ordinances. In the case of land development, the location of proposed
development, internal streets, principal buildings and parking areas
shall be shown. The plan shall indicate the general type of uses planned
and the location of each such use within the tract. In the case of
a combination of uses, the type of buffer treatment to be used between
the individual uses shall also be shown.
(4)
Means of access: a plan which identifies all
existing access-point/curb cuts, including but not limited to public
roads, along the frontage of the tract along Route 3 and for a distance
of at least 500 feet east and west of the tract and such other existing
access-point/curb cuts along Route 3 at a greater distance from the
tract if such existing access-point/curb cuts will in any way impact
upon the traffic entering into and/or exiting from the proposed development.
The plan shall also show all other public roads within 500 feet of
the tract proposed for development and all new access points or connections
into the existing public highway system proposed as part of the development
plan.
(5)
Offer of ultimate right-of-way: The plan shall
identify the limits of an ultimate right-of-way along Route 3 no less
than 60 feet from the center line. A perpetual offer of dedication
shall be provided by the applicant. All setbacks shall be measured
from the ultimate right-of-way line.
C. The applicant shall be responsible for the preparation
and cost of a traffic impact study. Such study shall be prepared by
a traffic consultant hired by the applicant with the approval of the
Township. The study shall enable the Township to assess the impact
of a proposed development on the highway network, to identify traffic
problems associated with the proposed development, to identify solutions
and to present improvements to be incorporated into the project design.
D. Community impact study: The applicant shall submit
a study which will sufficiently assess the impact the development
will have on the community and its level of public services and the
manner in which negative impacts thereon shall be resolved by the
applicant, to enable the Board of Supervisors to ascertain if the
proposed development is capable of being serviced by the public services
as proposed and, further, to determine if the applicant has made reasonable
effort to minimize the negative impact of the development on such
services. The study shall include, at a minimum, a study of at least
the following services and facilities:
(1)
Fire protection: The impact the proposed development
will have on fire protection capability, including, but not limited
to, municipal water supply, pumping capacity and specialized equipment,
should be analyzed. The applicant must adequately demonstrate what
effect the proposed development will have on these factors and its
ability to meet any specialized needs so that the development will
not have any adverse impact on the public safety by adversely affecting
the fire protection capability available to the community including
the proposed development.
(2)
Solid waste: A study to determine what amount
of solid waste will be generated as a result of the development should
be analyzed. The study should identify what method will be used to
dispose of solid waste and what effort will be directed toward recycling
solid waste.
(3)
Historical: A study shall be made that determines
the location of historic properties and structures both on and within
500 feet of the site and the effect said development will have on
these properties and structures and what effort the developer will
make to preserve such historic properties and structures. Determination
of historical significance and the treatment of all negative impacts
will be considered by the Township Historical Commission with the
final decision on treatment resting with the Board of Supervisors.
(4)
Water: A study of the amount of water needed
for domestic and fire use shall be provided. Study shall indicate
the location of the source and anticipated pressure of the proposed
source. The applicant shall indicate willingness to pay for cost of
improvements to a public water system if it is determined that connection
to said system is necessary.
(5)
Sewer: A study providing information on the
alternative methods of sewage disposal shall be provided. The developer
shall provide information on the estimated gallons per day of sewage
that will be treated by the proposed use(s).
E. Environmental impact study: A study shall be prepared
which surveys environmental information and which addresses how these
sensitive areas will be conserved and protected. This information
shall serve as a basis for designing the development which is responsive
to environmental conditions. Treatment of environmental features shall
be on a case-by-case basis. To assess such features, the study shall
include the following data in this analysis:
(1)
Floodplain: the limits of the Floodplain Conservation District as defined under this chapter. The limits of any floodplain district shall be noted on a plan depicting the tract. Treatment of floodplain designated lands shall be in accordance with Article
XVI of this chapter.
(2)
Steep slope: areas containing slope in excess of 15% as identified from United States Geological Survey Quadrangle Maps or through actual site analysis. The limits of steep slope shall be noted on a plan depicting the tract. Treatment of slopes in excess of 15% shall be in accordance with Article
XVII, §
139-107, of this chapter.
(3)
Woodland: Wooded areas of the tract shall be identified. Treatment of such wooded areas shall be in accordance with §
139-107.
All uses permitted under this district shall
be permitted only after conditional use approval. A building or buildings
may be erected, altered or used and a lot may be used or occupied
for any of the following uses, when approved by the Board of Supervisors
as a conditional use:
A. Planned office park, provided that such park shall
have no retail sale of goods to the general public. A planned office
park is a single tract of ground developed under a single unified
master development plan which provided for multiple buildings and
uses. The uses permitted in a planned office park shall be any or
any combination of the following and no others:
(1)
Professional, business, executive and administrative
offices.
(2)
Research and development uses.
(3)
Service and support commercial uses, subject
to the following criteria:
(a)
Such uses must be located in a building and
shall be primarily intended to serve the office park. The uses shall
have a character and size which complements the park and shall remain
incidental and accessory to the park.
(b)
Support uses may include reproduction/duplicating
service, stationery store, computer center, corporate cafeteria and
day-care center.
[Amended 6-16-1998 by Ord. No. 4-1998]
(c)
Support uses shall be located within the park
and shall not front on an external street nor face Route 3 nor be
designed or have such signage or other advertising material to attract
attention or invite use of the facilities other than from within the
park.
B. Professional, business, executive and administrative
offices, which may include a variety of such types of offices and
related facilities when utilized by a single user in the type of use
generally referred to as a "corporate headquarters."
C. Research and development uses.
D. A combination of the uses permitted in Subsections
B and
C above in a single building or in more than one building, provided that such multiple-building development shall be only pursuant to a single unified master development plan for the entire tract.
E. Personal care facility.
[Added 6-16-1998 by Ord. No. 4-1998]
G. Accessory use on the same lot with and customarily
incidental to any of the above permitted uses. Examples of customarily
incidental uses include banks or other financial institutions or financial
services, travel consultants and day-care centers.
[Amended 6-16-1998 by Ord. No. 4-1998]
H. Each historic resource may be used for any of the
following uses, provided that such resource meets the qualifying conditions
and design standards hereinafter set forth:
[Added 7-8-1986 by Ord. No. 7-1986;
amended 6-16-1998 by Ord. No. 4-1998; 6-11-2001 by Ord. No. 3-2001]
(1)
Business or professional office.
(2)
Any rehabilitation, alteration or enlargement of an historic resource to utilize the special use opportunities must conform to the requirements of §
139-169.
(3)
Custom shop for making articles or products
sold at retail on the premises, such as custom clothing, art, needlework,
baked goods or confectionery.
(4)
Museum, gallery or cultural studio.
(5)
Personal service shop, such as barber, beauty,
shoe repair or dressmaking shop.
(6)
Restaurant, provided that all food and drink
shall be prepared, served and consumed within the building.
(7)
Specialty retail store, such as gift shop, antique
shop or tack shop.
The following design standards shall apply to
development and land uses pursuant to this article, and no conditional
use shall be approved unless the applicant demonstrates compliance
with the following requirements:
A. Scenic preservation. Buildings shall not be located
to dominate a hilltop or monopolize views of rural countryside. The
height restrictions imposed are to assure that buildings will not
generally exceed the height of mature trees.
B. Vision obstruction. On any corner lot or at any accessway,
no wall, fence, sign or other structure shall be erected or altered
and no hedge, tree, shrub or other growth shall be maintained which
may cause danger to traffic on a street, highway or public road by
obscuring the view.
C. Prohibited uses and performance standards. The provisions of §
139-97 of this chapter are incorporated herein by reference as fully as though set forth at length. Any proposed development pursuant to this article must comply with the standards set forth in said §
139-97.
D. Requirements governing highway frontage developments. The provisions of §
139-100 of this chapter are incorporated herein by reference as fully as though set forth at length. Any development pursuant to this article must comply with the requirements set forth in said §
139-100. In addition to the foregoing requirements, any newly created direct access to Route 3 shall be limited to right-hand turn only, in order to prevent median encroachment. All left-hand turning movements shall be made from existing intersections along Route 3, being the intersections of Route 3 with the following existing public roads: Plumsock Road, Delchester Road, Garretts Mill Road, Dutton Mill Road or Street Road. Access to these collector roads shall be from service roads running generally parallel to Route 3.
E. Outdoor lighting and illumination of signs. All outside lighting, including sign lighting, shall be directed in such a way as to not create a nuisance to users of adjoining streets and property or subject them to direct glare or hazardous interference of any kind and especially as regards rendering traffic signals inconspicuous. Luminaries shall be approved by the Township Engineer as to their height and glare-shielding equipment. Applicants are referred to Article
XVIII for specific standards regarding signs.
[Amended 9-22-2003 by Ord. No. 4-2003]
F. Conservation. The provisions of §
139-107 of this chapter are incorporated herein by reference as fully as though set forth at length. Any development pursuant to this article must comply with the requirements set forth in said §
139-107.
G. Utilities. All utilities shall be placed underground
within any development under this district.
H. Outdoor storage. No outdoor storage shall be permitted
within the Planned Highway Corridor District.
I. Historic resources. In the case of an application for the conditional use of an historic resource, the Board of Supervisors may modify or waive any requirement or standard set forth in this Article
XXII which is not by its terms specifically applicable to the use of historic resources; provided, however, that in order to be granted conditional use approval for any use permitted by virtue of §
139-131F, the following additional design standards must be met, and, as part of an application for conditional use therefor, the applicant must submit plans in sufficient detail for the Board of Supervisors to determine that the design standards hereinafter set forth will be met:
[Added 7-8-1986 by Ord. No. 7-1986;
amended 6-11-2001 by Ord. No. 3-2001]
(1)
Historic resources may not be enlarged beyond
what is minimally necessary to accommodate the special use. No floor
of the historic resource may be enlarged by more than 50% of its area.
(2)
Any rehabilitation, alteration or enlargement
of an historic resource to utilize the special use opportunities must
be in substantial compliance with the Secretary of the Interior's
current Standards for Rehabilitation and Guidelines for Rehabilitating
Historic Buildings and design guidelines which may be adopted by the
Willistown Township Historical Commission.
(3)
Signs may be erected in accordance with Article
XVIII, except that business signs must adhere to the standards for Office-Professional Districts set forth under §
139-110J(2).
(4)
If a tract on which an historic resource is
located shall be subdivided, the area of the lot created by such subdivision
on which the historic resource is located shall comply with the requirements
of the base zoning applicable to the zoning district in which the
tract is located, and the lot coverage, including building and paved
areas, shall be limited to 50% of the lot.
(5)
Through effective screening, buffering and selection
of plant material, landscaping must be provided to protect the integrity
of the setting of the historic resource, preserve significant plant
material, including trees inventoried by the Historical Commission,
and mitigate the impact of the special use on neighboring properties.
(6)
There shall be no parking within the front yard
nor within 15 feet of the side or rear property lines.
[Added 7-8-1986 by Ord. No. 7-1986]
No contributing historic resource within the
Planned Highway Corridor District may be demolished until the applicant
obtains a permit under the Township Building Code and complies with the following additional procedures:
A. One copy of the application for demolition shall be
forwarded to the Willistown Township Historical Commission, together
with recent interior and exterior photographs of the resource proposed
for demolition, a site plan showing all buildings on the property
and explanation of the reasons for demolition and future uses of the
site.
B. Review of application.
(1)
Within 15 days of official application, at its
regular or a special meeting, the Historical Commission shall review
the application for demolition, taking into account:
(a)
The effect of demolition on the historical significance
and architectural integrity of neighboring contributing historic resources.
(b)
Economic feasibility of adaptively reusing the
resource proposed for demolition.
(c)
Alternatives to demolition of the resource.
(2)
The applicant will be notified of the meeting
and encouraged to present evidence or testimony pertaining to the
demolition.
C. Within 15 days following the conclusion of the meeting,
the Historical Commission shall set forth its recommendation in a
written report to the Board of Supervisors.
D. At its next regular meeting, the Board of Supervisors
shall consider the application for demolition and the report from
the Historical Commission. The applicant will be notified of the meeting
and encouraged to present evidence or testimony pertaining to the
demolition. The Board may vote to authorize the permit immediately
or delay authorization for a period not to exceed 180 days from the
date of initial application for a demolition permit, during which
period the Township and applicant will explore alternatives to demolition.
E. The requirements of this section may be enforced by
the Township by an action in equity or in any other manner provided
for by the Pennsylvania Municipalities Planning Code or otherwise as provided for by law.