A.
A resort complex/commercial resort development may extend into a
zoning district that does not specifically allow a resort complex
if the existing/proposed uses within the resort complex are by the
underlying regulations of that zoning district that does not specifically
allow a resort complex/commercial resort development.
B.
To be eligible for approval as a new resort complex/commercial resort
development, the applicant shall submit a master plan ("master plan"),
under the conditional use format, as provided for in this chapter.
The application shall describe proposed land uses in sufficient detail
to document coordinated planning.
C.
Existing resort complex/commercial resort developments.
(1)
Anything to the contrary notwithstanding, the existing resort
complex/commercial resort developments, Ski Shawnee Resort Complex
and Fernwood Hotel and Resort Complex, approved under the Middle Smithfield
Township Zoning Ordinance of 2004 (See § 010-030 of this
chapter.), shall be deemed to be in conformity with this chapter to
the extent that the uses, lots and structures within such resort complex/commercial
resort developments, as existed at the time of the approval as a resort
complex/commercial resort development, are within the scope of the
master plan submitted under the Middle Smithfield Township Zoning
Ordinance of 2004 or are otherwise permitted under the provisions
of this division for a new resort complex/commercial resort development.
No uses, lots and structures which existed at the time of the approval
as a resort complex/commercial resort development or that are within
the scope of the master plan submitted under the Middle Smithfield
Township Zoning Ordinance of 2004 or that are otherwise permitted
under the provisions of this division for a new resort complex/commercial
resort development shall be deemed nonconforming as a result of that
use, lot or structure not meeting the miscellaneous performance standards
and regulations or regulations governing specific uses or other dimensional
or performance standards or regulations set forth in this chapter.
(2)
An application for approval to revise the approved master plan
of an existing resort complex/commercial resort development is not
required to include fully engineered plans if fully engineered plans
will be submitted later as part of a subdivision or land development
application.
(3)
An existing resort complex/commercial resort development shall,
to the maximum extent practicable, coordinate site layout, stormwater
management, utilities, trails, parking and traffic access with respect
to new development proposed within the resort complex/commercial resort
development, provided that redevelopment of existing developed areas
shall not be required.
(4)
A revised land development plan shall be required to change
or modify uses permitted within the master plan or the underlying
zoning district, add uses that are either accessory to uses already
approved as part of the master plan or permitted within the underlying
zoning district, make structural alterations to the existing resort
complex/commercial resort development, relocate uses or construct,
reconstruct, alter, expand and/or enlarge structures or develop categories
of uses provided for under the original master plan meeting the standards
in the initial approval or which uses are permitted in the underlying
zoning district, provided building permits and land development approvals,
as may be required, are obtained.
(5)
A new/revised conditional use approval shall not be required
to add or remove less than 10 acres of land in the aggregate over
time to or from the resort complex/commercial resort development,
provided that said land is not essential in providing access to or
through remaining portions of the resort complex/commercial resort
development and is not otherwise essential to meeting minimum development
standards.
(6)
A new/revised master plan shall be submitted for approval for
the following:
(a)
Adding or removing 10 plus acres of land to or
from a resort complex/commercial resort development;
(b)
Adding new types of uses not included in the initial
conditional use approval and master plan and which are not permitted
in the underlying zoning district;
(c)
Adding land to the resort complex/commercial resort
development which is not located within a zoning district in which
a resort complex/commercial resort development is permitted; or
(d)
Removing any portion of land from the resort complex/commercial
resort development which is essential in providing access to or through
remaining portions of the resort complex/commercial resort development
and is not otherwise essential to meeting minimum development standards.
A.
The land area and parcels to be included within a proposed resort
complex/commercial resort development shall be determined by the applicant,
provided that the resort complex/commercial resort development shall
include a minimum of 25 acres in lot area for all lots combined for
tax assessment purposes. Smaller noncontiguous lots may also be part
of one resort complex/commercial resort development, provided those
lots meet the specific lot size requirements of the district and have
coordinated traffic access with the resort complex using one or more
existing or preapproved accesses as provided in the master plan. Any
parcel or land area that does not require access from or through the
resort complex/commercial resort development may be excluded.
B.
Nothing herein shall preclude the ownership of individual parcels
by different owners, provided such parcels are required to be developed
in conformance with the approved master plan for the resort complex/commercial
resort development or are to be used for a land use that is not required
to be within an approved resort complex/commercial resort development
but allowed within the specific underlying zoning district.
C.
Land areas occupied by nonresidential uses and related parking shall
not count towards land areas used to determine residential density
within the resort complex/commercial resort development.
A.
To obtain approval of a resort complex/commercial resort development,
the applicant shall provide sufficient information to show the feasibility
of the development, the methods of traffic access, the approximate
locations of various uses by category(ies), as outlined below, and
the methods that will be used to buffer uses and nuisances from neighboring
dwellings. The master plan shall be submitted in the form of a sketch
plan as provided under the Township Subdivision and Land Development
Chapter.[1]
B.
An approved master plan may be modified to add and/or subtract land
to/from the resort complex/commercial resort development or revise
the overall site plan in the manner provided in this chapter.
C.
An application for approval of a new resort complex/commercial resort
development is not required to include fully engineered plans if fully
engineered plans will be submitted later as part of a subdivision
or land development application.
D.
Any new resort complex/commercial resort development submitted for
approval after the enactment of this section shall have fully coordinated
site layout, stormwater management, utilities, trails, parking and
traffic access with other parts of the resort complex/commercial resort
development.
A.
A master plan may include a range of uses and use categories to be
allowed within various areas and buildings and may also include a
range of sizes of buildings. For example, a master plan may provide
for a hotel within a certain land area that would be no greater than
X square feet with no greater than Y guest rooms and no more than
Z feet from the property line. The exact dimensions and size would
then be established in the future as parts of a subsequent detailed
land development or building permit application and approval, or a
master plan may provide for X square feet of various retail uses with
the exact dimensions and nature of those uses specified in a subsequent
detailed land development or building permit application and approval.
B.
A new or existing resort complex/commercial resort development may,
but is not required to, include combinations of the following: a hotel/motel/inn,
time-share units, restaurants and other dining facilities, places
of worship, commercial and retail facilities and offices, museums,
picnic groves, amusement arcades, living history exhibit areas, commercial
indoor or outdoor recreation uses, golf courses, golf driving ranges,
miniature golf, riding stables, auditoriums, conference facilities,
amphitheaters, nightclubs, and other entertainment venues and special
events (without limitation as to length of time or annual frequency
of individual special events), taverns and other similar uses. All
said facilities are not required to be limited to guests or residents
of the resort complex/commercial resort development, except as may
be covered by state law (e.g., gaming facilities). Gaming/gambling
may be allowed as part of the resort complex/commercial resort development
if such establishments are licensed by the Commonwealth of Pennsylvania.
C.
Adult uses, as defined in this chapter, are not permitted within
a new or existing resort complex/commercial resort development even
if permitted in the underlying zoning district.
D.
Any campground may be part of the resort complex/commercial
resort development, provided such campground shall meet the requirements
for such use.
E.
A senior active adult development may be part of the resort
complex/commercial resort development, provided such senior active
adult development shall meet the requirements for such use, except
as noted herein. Exceptions include the criteria as set forth in § 062-020;
§ 062-040E, as it relates to private areas for individual
units; § 062-040G, such that roads within the resort complex/commercial
resort development shall not be offered for dedication to the Township;
and § 062-050, such that accessory uses need not be dedicated
exclusively to the senior active adult development.
F.
Once a master plan for a resort complex/commercial resort development
has been approved, then individual uses listed as allowed in a resort
complex/commercial resort development by the conditional use approval
shall be permitted by right and may be developed without additional
conditional use approval, provided that otherwise applicable building
permit and land development requirements are met.
G.
The area encompassing the resort complex/commercial resort development
shall be added to the Official Zoning Map as a Resort Complex Overlay
District.
A.
Any nonresidential principal building shall be set back a minimum
of 75 feet from any contiguous lot line of an existing dwelling that
is not part of the resort complex/commercial resort development. Within
a minimum of 75 feet of any perimeter lot line or street right-of-way
of a resort complex/commercial resort development, other than along
an arterial or collector street or abutting a commercial use, a buffer
shall be maintained. This buffer width may be reduced to 40 feet when
abutting the CON District.
B.
The applicant shall demonstrate that any existing healthy trees
within this buffer will be maintained and preserved to the maximum
extent feasible. It is intended that the removal of trees within a
buffer shall be allowed for a necessary approximately perpendicular
street, stormwater channel, driveway and utility crossings and to
provide safe sight distance and that the buffer will be supplemented
as needed and specified by this chapter to serve the intended screening
of dissimilar uses. The screening with evergreens, as specified in
this chapter, between dissimilar uses (e.g., residential and retail)
is not required if the tree buffer would essentially serve the same
purpose as an evergreen buffer. Where healthy, mature trees do not
exist within this buffer, and if practical, considering soil and topographic
conditions, new trees shall be planted within this buffer meeting
the specifications of this chapter. The approval of any screening/buffer
to remain, be supplemented or be newly planted will be up to the sole
discretion of the Board of Supervisors.
An applicant for a new resort complex/commercial resort development
may calculate the maximum building coverage and maximum impervious
coverage under the provisions of the miscellaneous performance standards
and regulations, as set forth in this chapter, based upon the entire
resort complex/commercial resort development, as opposed to each individual
lot. However, in that case, appropriate deed restrictions or conservation
easements shall be established that are enforceable by the Township
to prove that the coverage limitations will be met over time. For
example, a golf course on one lot may count towards meeting the impervious
coverage limit of a hotel on another lot within the same resort complex/commercial
resort development.
A new resort complex/commercial resort development shall include
a nonmotorized trail system, which, at a minimum, shall be open to
guests, customers and/or residents of the resort complex/commercial
resort development. Improved pedestrian walkways shall also be provided
between principal uses likely to produce cross visits (e.g., a hotel
and restaurant).
A.
The number of traffic access points from a resort complex/commercial
resort development to an arterial or collector street shall be held
to the minimum that is reasonably feasible, considering both immediate
and long-term access. Extensions of internal streets, local streets
and interconnections of parking areas shall be used to provide the
safest traffic access that is feasible with the minimum interruption
of traffic flow on existing public streets.
B.
If an internal traffic connection is not feasible immediately,
provisions shall be incorporated into each development approval (including,
but not limited to, detailed engineering plans and escrow funds to
cover the cost of said improvements) to provide for the eventual connection
in phases.
C.
The applicant shall demonstrate that a resort complex/commercial
resort development includes sufficient access from exterior streets
and around buildings and facilities for emergency vehicles.
Miscellaneous performance standards and regulations, as set
forth in this chapter, shall govern the maximum height of any structures
within the resort complex/commercial resort development.
A.
The maximum density provisions for dwellings are provided for
each zoning district in this chapter. A higher density and/or smaller
lot sizes may be possible by using the conservation design development
option provisions of Division 63 or the transfer of development rights
provisions of the miscellaneous performance standards and regulations
set forth in this chapter. The conservation development provisions
of Division 63 also include a possible density bonus for age-restricted
or time-share dwellings.
B.
If dwellings are located within a resort complex/commercial
resort development having an approved master plan that maximizes use
of internal roads and interconnected driveways and parking areas,
then the maximum total number of dwelling units that otherwise would
be allowed may be increased by 10%.
