A. 
In addition to the general goals listed in the statements of purpose and community development objectives, it is the purpose of this district to provide for a variety of land uses whose intensity of development is compatible and more appropriately situated together in an area accessible to major highways and other community facilities. Such land uses include multifamily and commercial.
B. 
Accordingly, the district incorporates density standards which, among other things, provide for higher-density dwelling uses, and permit commercial development on a lot-by-lot basis, while providing a cluster option to encourage design compatible with surrounding uses and the preservation of open space ancillary to such development. In the Multi-Use District (MU), the following regulations shall apply.
A building or group of buildings may be erected, altered or used, and a lot or premises may be used and a lot or premises may be used for only one of the following principal uses and no other:
A. 
Uses by right.
(1) 
Professional offices.
(2) 
Bank or financial institution without drive-through service, in conformance with § 162-2009.
(3) 
Gift, art, craft, and antique shops with a floor area of less than 3,000 square feet for any one store.
(4) 
Retail stores with a floor area of less than 3,000 square feet for any one store, excluding convenience stores.
(5) 
Eating/drinking establishments for the sale and consumption of food and beverages without drive-in or drive-through service (service at table or sit-down facilities only), in conformance with § 162-2018.
(6) 
Personal service establishments.
(7) 
Municipal uses, including park and related accessory uses.
(8) 
Forestry/timber harvesting in conformance with Article XV.
(9) 
One single-family detached dwelling per tract or parcel.
B. 
Uses by special exception. When authorized as a special exception by the Zoning Hearing Board, subject to the standards of § 162-2408 of this chapter:
(1) 
Child/adult day-care center, in conformance with § 162-2012.
C. 
Conditional uses. Any of the following uses shall be permitted as a mixed use development as a conditional use when authorized by the Board of Supervisors, subject to the standards and procedures set forth herein and in § 162-2308.
(1) 
Professional offices.
(2) 
Bank or financial institution without drive-through service, in conformance with § 162-2009.
(3) 
Gift, art, craft, and antique shops with a floor area of less than 3,000 square feet for any one store.
(4) 
Retail stores with a floor area of less than 3,000 square feet for any one store, excluding convenience stores.
(5) 
Eating/drinking establishments for the sale and consumption of food and beverages without drive-in or drive-through service (service at table or sit-down facilities only), in conformance with § 162-2018.
(6) 
Personal service establishments.
(7) 
Municipal uses, including park and related accessory uses.
(8) 
Single-family detached, two-family, townhouse, triplex and quadraplex dwellings in accordance with §§ 162-1403 through 162-1407 herein, as applicable.
(9) 
Conversion of dwellings into two or more dwelling units. The dwelling to be converted must be a qualified historic structure, i.e., identified as a significant historic site in the most recent Pennsbury Township Historic Sites Survey, and shall adhere to the provisions of § 162-2036 and Article XVII.
(10) 
Adaptive reuse of historic buildings. The provisions of Article XVII shall apply.
D. 
In addition to one principal use, the following accessory uses:
(1) 
Drive-through service and/or takeout service as an accessory use to and in the same building as an eating and drinking establishment, bank, or pharmacy, in conformance with § 162-2017.
(2) 
Accessory uses customarily associated with and incidental to uses designated in § 162-1402, Subsection A, B, or C, shall be permitted.
A. 
A mixed-use development permitted by conditional use by § 162-1402C shall have a minimum available contiguous gross tract area of eight acres. For purposes of a mixed-use development, the term "tract" shall mean the total assembled land area proposed for development and the term "lot" shall mean the individual land parcel for each residential or commercial unit.
B. 
Commercial (i.e., nonresidential) uses. Commercial uses shall conform to the lot area and bulk regulations set forth in Article XII, Highway Commercial District, § 162-1203A.
C. 
Residential uses. Unless otherwise specified in this chapter, residential uses permitted in this district shall meet the requirements as noted in Table 1403-1 below:
Table 1403-1
Area and Bulk Regulations
Single-Family Detached Dwelling and Nonresidential Uses
Two-Family Dwelling - Twin or Duplex
Townhouse, Triplex or Quadraplex
Maximum gross density (du/gross acre)/Maximum net density (du/net acre)
4 du/gross acre/5 du/net acre
Minimum tract size
8 acres
8 acres
8 acres
Minimum lot area - on-lot sewer/water
1 acre
Minimum lot area - public sewer/water*
17,500 square feet
12,000 square feet/du
Maximum number of dwelling units/building
1 du
2 du
4 du townhouses/3 du triplex, 4 du quadraplex
Minimum lot width at building line - on-lot sewer/water
125 feet
Minimum lot width at building line - public sewer/water
75 feet
50 feet/du 100 feet/bldg
300 feet tract width
Minimum lot width at street line
50 feet
50 feet/du 100 feet/bldg
100 feet tract width
Minimum (lot) width per dwelling unit
20 feet
Maximum building coverage
20%
20%
Maximum lot coverage
25%
25%
25%
Minimum front yard****— front on local road
30 feet
30 feet
30 feet
Minimum front yard****, front on arterial or collector road
50 feet
50 feet
50 feet
Minimum front yard, front on parking area/lot
30 feet
Minimum side yard, minimum each/minimum aggregate
15 feet/35 feet
15 feet/35 feet
100 feet each for end units
Minimum rear yard**
30 feet
30 feet
100 feet
Minimum side and rear yard for parking areas/lots
25 feet
Maximum building height, except those buildings or structures exempted in § 1661902
35 feet
35 feet
35 feet
Minimum open space (% of gross tract)***
40%
Minimum buffer between a multifamily building and any other residential structure
50 feet
du =
Dwelling unit.
*
Public sewage and public water as defined in § 162-202.
**
See § 162-1902 for reverse-frontage lots.
***
Configuration, ownership, and management of common open space shall be in conformance with Article XVIII.
****
In the case of a flag lot or corner lot, § 162-1902 shall apply.
D. 
Density calculation. When calculating maximum allowable density for residential uses, the lot area devoted to nonresidential uses or subject to other constraints in the definition of net lot area shall be deducted first.
A. 
All uses permitted by right, special exception or conditional use in this District shall comply with the general regulations set forth in Article XIX, §§ 162-1903 through 162-1916, inclusive.
B. 
Conditional uses. In granting or denying a conditional use or establishing conditions on such grants, the standards set forth in § 162-2308, where relevant, shall be applied. The burden of establishing compliance with such standards shall be upon the applicant.
A. 
Total lot coverage. Not more than 60% of the total tract area comprising a mixed-use development permitted by conditional use shall be covered by buildings/structures and impervious surfaces. Of the remaining 40% minimum green area, not less than 1/3 of the minimum green area (i.e., not less than 13.3% of the total net tract area) shall be devoted to neighborhood open areas reserved for community use as parks.
B. 
Mixed-use development floor area. Not more than 20% of the total floor area of a mixed-use development shall be devoted to nonresidential uses.
C. 
Maximum building height. Except as herein below provided, no structure or principal building shall exceed three stories or 35 feet in height, whichever is less, except that the maximum building height of an accessory building other than a farm building shall be 15 feet on lots of one acre or less and 20 feet on lots in excess of one acre, and provided that a church steeple, or other decorative structure at the sole discretion of the Board of Supervisors, may extend to a height of not more than 45 feet.
D. 
Proximity to green spaces. No residential dwelling unit shall be located any further than 350 feet from a planned or existing park. The park must be physically accessible from these dwellings without crossing private property or protected natural resources regulated by Article XV or otherwise requiring a circuitous route to reach the park.
E. 
Setback from arterial road and collector road. Notwithstanding any other applicable setbacks, the setbacks from an arterial road for buildings within a mixed-use development shall be a minimum of 75 feet and from a collector road shall be a minimum of 75 feet for commercial buildings and 50 feet for residential buildings. Within a seventy-five-foot setback, streets, alleys, parking and driveways may be located, but not closer to the street line than 35 feet. Within the fifty-foot setback, alleys, parking and driveways may be located, but not closer to the street line than 20 feet.
A. 
All uses in the MU District shall be served by public water system and a public sewage system designed, permitted and constructed or extended at the expense of the applicant, provided however, notwithstanding the definition of public sewage system in § 162-202 of this chapter, that treated sewer effluent shall be stored in underground tanks and disposed of underground by conventional seepage beds or drip irrigation on the same lot or parcel or tract where the use(s) is/are located. All uses in this district shall be self-sustaining relative to the storage and disposal of treated sewage effluent. The development shall provide sufficient storage and land area on the site of the development to store and dispose of all treated sewage effluent which is generated by the uses on the site by means of conventional underground seepage beds or drip irrigation. The precise location of the storage and land disposal area shall be subject to the approval of the Township considering the operational parameters of the sewage system and the location of the proposed storage and disposal area relative to the location of the treatment plant.
B. 
If on-site storage and disposal of treated sewage effluent is determined by the Township to be unfeasible due to location, operational reasons, soil conditions or other limiting factors, off-site storage and disposal shall be utilized; provided, however, the desire to maximize density or development in the development as may be permitted by applicable zoning regulations shall not be sufficient reason to not provide storage and disposal on-site. The off-site area shall comply with the requirements of § 162-1406A above.
C. 
The storage and land disposal area may be part of and counted toward the minimum green or open space requirement of a development.
D. 
All utilities serving residential and nonresidential uses shall be placed underground in the mixed-use development. To the greatest extent practicable, utility boxes and meters shall be placed to the rear of structures or otherwise screened from view.
A. 
Preservation of historic resources (subject to provisions of Article XVII).
(1) 
Within the mixed-use development, historic structures and other historical resources, including historic ruins or sites, historic road or other transport races, paths and trails, historic battlefields, and any other historic landscape features shall be studied by a registered archaeologist, documented, and preserved to the greatest degree practicable.
(2) 
No historic resource shall be removed, relocated or demolished without the approval of the Board of Supervisors.
(3) 
The following standards shall apply to the rehabilitation, alteration, or enlargement of any historic resource, unless such alteration is required solely for purposes of compliance with applicable building code, ADA or other regulations:
(a) 
Construction plans for the rehabilitation, alteration or enlargement of any historic structure shall be in substantial compliance with the Secretary of the Interior's currently adopted standards for rehabilitation, as revised and as available at the Township offices.
(b) 
Landscape plans shall be submitted with any application for conditional use approval committing the applicant to preservation of existing landscape material and/or introduction of new landscape material so as to retain and/or enhance the integrity of the historical landscape setting.
B. 
Preservation of natural resources shall be subject to provisions of Article XV as well as the following.
(1) 
Within the mixed-use development, natural resources including, but not limited to, ponds, streams and springs, native vegetation, and wildlife habitat, shall be preserved in compliance with all applicable Township, county, state and federal regulations.
(2) 
Woodlands. Within this article, woodland areas, if disturbed, shall be in conformance with the standards of § 138-530B, Conservation of woodlands and other vegetation, under Chapter 138, Subdivision and Land Development.
C. 
Parking.
(1) 
On-and off-street parking shall be provided in accordance with § 162-1903.
(2) 
Parking areas within the mixed-use development shall be designed and landscaped so as to appear broken in mass, in proportion to the scale of structural development.
(3) 
In order to reduce the total amount of impervious cover, the Board of Supervisors, as part of the land development approval process, may authorize a delay in paving of some parking areas until actual need has been demonstrated. All grading and drain construction shall be completed for all parking spaces required by this article to reduce future construction and paving costs and site disruptions if maximum parking density is later required. Areas so prepared will be seeded in grass for best appearance and restricted from other building or landscape use. In any case, off- street parking areas shall utilize pervious paving materials or otherwise provide for drainage to infiltration beds to the greatest extent practicable in order to maximize potential for groundwater infiltration. Once actual need has been demonstrated for additional parking areas, they shall be installed in accordance with the requirements of this chapter upon a finding by the Board of Supervisors that the parking is necessary.
(4) 
To the extent that parking areas are visible from public streets, visual impacts shall be mitigated through introduction of landscape screening, landscape walls, use of pedestrian paving materials, or other design means.
(5) 
No commercial vehicles shall be parked within the mixed-use development except for purposes of deliveries or service calls, or when parked inside a garage, or when used in conjunction with a retail business in the mixed-use development (such as delivery van for a flower shop). In mixed-use development commercial areas, delivery or service vehicles shall be parked behind commercial buildings to minimize their visual impact on the community. No boats, RVs, trailers, or similar vehicles may be parked or stored with the mixed-use development.
(6) 
The design and use of streets and alleys shall adhere to the standards in the design standards set forth in Article V of Chapter 138, Subdivision and Land Development.
D. 
Landscape and streetscape design. All lands not utilized to provide for permitted impervious cover shall be left in their natural state or landscaped with appropriate vegetation or other suitable landscape material generally as provided in Article XIX. Streetscape landscaping and pedestrian amenities shall be provided as necessary to meet overall neighborhood planning objectives and as reasonably related to the intensity of proposed development. Landscape and streetscape design shall be coordinated with adjacent properties. Where appropriate, the Board shall require any of the following amenities, including provision for their regular upkeep and maintenance:
(1) 
Public trash receptacles;
(2) 
Public benches of approved design along side walks and at appropriate intervals and locations within green spaces;
(3) 
Bike racks located in areas where the sidewalk width has been designed to accommodate such features;
(4) 
Landscape plants and shade trees;
(5) 
Sidewalks;
(6) 
Street, alley and trail (as appropriate) lighting designed consistent with the goals of this article, and in compliance with Chapter 138 of the Code of Pennsbury Township, and § 162-1910 of this chapter, except that streetlights shall not exceed 14 feet in height along all public sidewalks and trails. All appropriate lighting shall take into account the need to ensure public safety without disrupting individual privacy and neighboring communities from excessive brightness. Limitations on hours of operation shall be a condition of conditional use approval.
E. 
Signs. In addition to the standards set forth in § 162-2107, the design of signs within the mixed-use development also shall adhere to the following standards:
(1) 
Signs affixed to the exterior of a building shall be architecturally compatible with the style, composition, materials, colors, and details of the building, as well as with other signs used on the building or its vicinity. In particular, artisan-crafted signs and high-quality materials are strongly encouraged.
(2) 
Signs shall be consistent with facade features and shall not interfere with door or window openings, conceal architectural details, or obscure the composition of the facade where they are located. Signs shall be placed on a facade only in a manner appropriate to the style of the building.
(3) 
Whenever possible, signs located on adjacent buildings shall be placed at the same height, in order to create a unified sign band.
(4) 
Wood and painted metal are the preferred materials for signs. Flat signs should be framed with raised edges. Signs using wood shall use only high-quality exterior grade wood with suitable grade finishes.
(5) 
Sign colors should be compatible with the colors of the building facade. A dull or matte finish shall be used to reduce glare.
(6) 
No sign shall be illuminated by lighting sources internal to the sign, such as internally lit signs with a translucent glass or plastic sign face, nor shall signs be permitted which themselves are a source of light, such as neon-lit signs. Any illumination of signs on any lot or tract shall be so shielded that the source of light shall not be visible from a point off the lot or tract on which the sign being illuminated is erected, and so that only the sign is illuminated thereby. Signs shall be illuminated only during the hours of operation, including after-hours appointments, of the use on which lot the sign is situated or until 8:00 p.m., prevailing time, whichever is earlier. The light source shall be extinguished at the end of business hours.
(7) 
Signs shall be mounted so that the method of installation is concealed to the maximum extent practicable. Signs applied to masonry surfaces should be mechanically fastened to mortar joints only, and not directly into brick or stone. Drilling to provide electrical service (i.e., lighting), only as allowed by this chapter, shall also meet these installation and drilling requirements.
F. 
Lighting standards. The standards set forth in § 162-1910. shall apply within a mixed-use development.
G. 
Community maintenance. A mixed-use development shall be governed by a master declaration of covenants, easements and restrictions, the terms of which shall be reviewed and approved by the Township. The declaration shall, provide for a community association for the community maintenance of exteriors of all buildings. In addition, the declaration shall provide for community maintenance of all landscape areas (i.e., within individual lots, adjacent to nonresidential uses, and within common open space/parkland areas of the community), sidewalks, trails, and interior streets/roadways except for the roads or streets within the mixed-use development which are designed to be dedicated to the Township, if the Township chooses to accept dedication.