[Amended 6-23-2008 by Ord. No. 2008-2]
As used in this article, the following terms shall have the
meanings indicated:
A district designed to contain multifacility structures used
for retail and commercial sales and services, hotels, motels, cultural
entertainment, recreational purposes and a lifestyle village, as hereinafter
limited, fronting on West Chester Pike.
An integrated and comprehensively designed development consisting
of any combination of three or more of the uses permitted to be developed
on the same tract, intended to be pedestrian-oriented and to promote
a mix of commercial development with community interaction and cultural
activities.
The C-2 Commercial District contemplates the establishment of
a well-planned and integrated shopping center, hotel, motel and business
district and lifestyle village designed to:
A.
Foster the development of a group or groups of property-related businesses
and compatible facilities comprising a single architectural scheme
with appropriate landscaping.
B.
Foster the development of the aforesaid in accordance with comprehensive
design requirements relating, inter alia, to access and related traffic
considerations, land use and coverage thereof, building placement,
highway protection, off-street parking, buffering, landscaping and
screening.
C.
Foster the development of the aforesaid in accordance with the purposes set forth in §§ 172-3 and 172-4 and, by virtue of the physical size of such development, as well as the extent, concentration and duration of activities anticipated on and adjacent thereto, foster the design and operation thereof consistent with:
(1)
The Comprehensive Plan of the Township of Newtown.
(2)
The promotion of the health, safety, morals and general welfare of
the facility patrons and tenants, adjoining property owners and the
residents of the Township at large.
(3)
The preservation of the physical, social, cultural and economic environment
of the community.
(4)
The management of the community's natural resources, utility services,
movement of pedestrian and vehicle traffic and the municipal services
of the Township of Newtown, including but not limited to police and
fire protection.
An integrated building system and supporting facilities may
be created, occupied or used for the following purposes and no other
purpose:
A.
Retail store.
B.
Retail service shop or custom shop; other personal service shop or
store, such as a barbershop, beauty, bakery, confectionery, ice cream
or similar shop; custom tailoring, dressmaking, millinery or similar
shop; and shoe, clock, watch, jewelry, radio, television, household
appliance or similar repair shop; and laundry, dry-cleaning or clothes-pressing
shops (provided that the equipment and materials to be employed will
not involve danger from fire or explosion and that use will not detract
from the predominant character of the development); provided, however,
that:
(1)
Any processing activity, other than a singular artisan demonstrating
a given processing activity, shall be not less than 15 feet from the
front of the unit in which the activity is conducted, and the same
shall be screened from view by a wall or partition from the front
portion of the unit used by customers.
(2)
Any article made or services provided shall be sold at retail from
the premises.
(3)
The area devoted to processing shall not be greater than the retail
sales of the same store.
C.
Library, veterans' memorial and community buildings or rooms for
civic, religious and/or charitable purposes.
D.
Bank and similar institutions.
E.
Offices.
F.
Restaurant, cafe and catering establishments, including outdoor seating
and service areas when authorized as a conditional use.
G.
Medical and/or dental clinics.
H.
Indoor theater, cultural center, radio or television studios.
I.
Outdoor garden centers as an accessory use to and in conjunction
with a retail store.
J.
Hotel or motel.
K.
Lifestyle village.
L.
Accessory use on the same lot and customarily incidental to any of
the above permitted uses and not detrimental to the neighborhood.
Accessory uses may include storage within a completely enclosed building
in conjunction with a permitted use.
A.
Provisions relating solely to nonmotel, nonhotel and nonoffice/clinic
uses.
(1)
Lot area. The minimum development lot shall be not less than 30 contiguous
acres of land.
B.
Provisions relating solely to motel/hotel uses.
(1)
Lot area. The minimum development lot shall be not less than five
contiguous acres of land.
(2)
Number of rental units. The number of rental units shall not exceed
22 rental units per acre, and, further provided, the maximum number
of rental units on the development lot, regardless of its size and
acreage content, shall not exceed 250 rental units.
C.
Provisions relating to all uses.
(1)
Lot width. The minimum width of each development lot shall have not less than 300 feet of frontage on a major highway, as defined in § 172-2.
(2)
Green area. Not less than 15% of the gross land area of the development lot shall be devoted to green area, excluding green area required under § 172-135 ("green area" being defined herein to include any areas not covered by buildings, garden center areas, structures or by paved streets or parking areas), and the same shall be planted with grass, shrubs or trees.
(3)
Building area. Not more than 25% of the gross land area of the development
lot shall be covered by buildings and/or garden center areas.
(4)
Building setback. All buildings shall be set back according to the
following table:
|
Motels, Hotels, Office Buildings, Medical and/or Dental
Clinics
(feet)
|
Drive-In Banks
(feet)
|
All Other Buildings
(feet)
| |
|---|---|---|---|
|
From four-lane highway rights-of-way
|
125
|
75
|
150
|
|
From all other street rights-of-way
|
100
|
75
|
150
|
|
From property lines of single-family residential uses
|
150
|
150
|
150
|
|
From all other property lines
|
75
|
75
|
75
|
(5)
Building height. No building shall be more than four stories (excluding
basement) or 45 feet in height, whichever is less.
A.
Minimum gross tract area: 50 acres.
B.
Minimum tract width: 2,000 feet.
C.
Maximum building area: 20% of the tract.
D.
Minimum building setback from West Chester Pike: 150 feet.
E.
Minimum building setback from other adjacent streets: 20 feet.
F.
Minimum green area of the tract, exclusive of green area of parking
areas: 25%.
G.
Minimum green area in parking areas: 15%.
H.
Maximum building height: four stories (excluding basement) or 45
feet.
I.
Minimum planted buffer from street right-of-way: 10 feet.
The following shall be required in each C-2 Commercial District
development:
A.
Entranceways and exitways, including deceleration and acceleration
lanes providing access to and from the development, shall be sufficient
in number and length to safely and conveniently accommodate the flow
of traffic to and from the site, as approved by the Board of Supervisors
and the Pennsylvania Department of Transportation, where applicable.
B.
Internal site circulation shall be provided for vehicle access to
all buildings and facilities, shall be part of a closed-circuit system
enabling continuous flow of traffic and shall be of sufficient width
and turning radii to allow access without entrapment of emergency
vehicles.
C.
Parking shall not be permitted on interior streets, except in a lifestyle
village use.
D.
Interior streets shall be separated from all parking, loading or
service areas used by motor vehicles by the use of buffer strips or
other effective and suitable barriers against unchanneled motor vehicle
ingress or egress, except in a lifestyle village use.
E.
The minimum cartway width of interior streets shall be predicated
upon the requirements of traffic volume, flow and rate set by the
traffic analysis. For each lane of traffic flow, a width of 12 feet
shall be required. In no case shall the minimum width of internal
streets be less than 24 feet for two-way and 18 feet for one-way traffic
flow.
F.
Appropriate signs and street markings for warning and use regulations
of pedestrians and vehicles shall be erected and maintained.
G.
Areas for loading and unloading of delivery trucks and other vehicles and for refuse collection, fuel and other service vehicles shall be provided and shall be adequate in size and shall be so arranged that they may be used without blocking or interfering with the use of access roads or lanes and automobile parking spaces. All loading areas shall be shielded by a planting screen in accordance with § 172-77B and/or by screen walls, berms or fencing, when approved by the Board of Supervisors.
H.
Loading facilities, excepting those for underground storage of liquids
such as fuel oil, shall be designed to maintain all off-loading and
on-loading operations within the building structure, so that no materials
are stored above ground outside of the building.
I.
Pedestrian crosswalks and sidewalks shall be required at any location
where the Board of Supervisors shall determine they are necessary
for public safety or convenience. Crosswalks shall have minimum rights-of-way
of 10 feet abutting the street curbline. Sidewalks shall have a minimum
paved walk of five feet in width.
J.
Internal pedestrian circulation may be provided for by natural walks,
aggregate, wood chips or bituminous materials where pedestrian traffic
is light or the landscaping theme is enhanced by such installation,
subject to the approval of the Board of Supervisors.
Landscaping and screening within each C-2 Commercial District
development shall meet the following requirements:
A.
A planted area, no less than 25 feet in width, of grass, lawn, shrubbery,
evergreens and trees shall be placed and continuously maintained in
a proper and attractive manner along the perimeter of the property,
exclusive of driveway crossings. All plantings shall be installed
so as not to inhibit clear sight at intersections of vehicle and pedestrian
circulation. The width of the strip shall be increased to no less
than 50 feet and be provided with high- and low-level screening along
any part of the property line that is in common with a residential
zone. In this case, the buffer shall be fenced from the adjoining
property, except that the Board of Supervisors may, upon application,
permit exceptions to this requirement relating to fences.
B.
Screening for the purpose of providing a visual barrier shall be
composed of plants and trees arranged to form both a low-level and
a high-level screen. The high-level screen shall be composed of evergreen
trees at least five feet in height. Such trees shall be planted in
two parallel rows, eight feet apart. The rows shall be offset and
shall be planted with trees spaced at intervals of not more than eight
feet. The low-level screen may be any plant materials approved by
the Newtown Township Planning Commission. Plants shall be not less
than two feet in height and spaced at intervals of not more than five
feet.
C.
Trees shall not be destroyed, unless necessary for the construction
of the proposed buildings and improvements, and adequate tree planting
shall be completed by the owner, developer or builder. Street trees
shall be a minimum of 40 feet and a maximum of 50 feet apart. The
trunks of the trees shall not be less than two to 2 1/2 inches
in diameter and 3 1/2 feet in height at time of planting.
D.
The owner, developer or builder shall preserve or incorporate natural
features, such as woods, streams, floodplains and open space areas,
which add to the overall cohesive development of the C-2 Commercial
District and adjacent districts.
E.
Any area not used for buildings, structures, paved areas or screening
shall be planted with an all-season ground cover and other landscaping
materials in accordance with the landscaping and screening plan. Existing
vegetative materials shall be preserved wherever practical.
Landscaping and screening requirements for a lifestyle village
use shall meet the following requirements:
A.
A planted area, no less than 10 feet in width, of grass, lawn, shrubbery,
evergreens and trees shall be placed and continuously maintained in
a proper and attractive manner along the perimeter of the tract, exclusive
of driveway crossings. All plantings shall be installed so as not
to inhibit clear sight at intersections of vehicle and pedestrian
circulation.
B.
Screening for the purpose of providing a visual barrier from parking
shall be composed of plants and trees arranged to form a low-level
screen. The low-level screen may be any plant materials approved by
the Newtown Township Board of Supervisors after recommendations of
the Planning Commission. Plants shall be not less than two feet in
height and spaced at intervals of not more than five feet.
C.
Trees shall not be destroyed, unless necessary for the construction
of the proposed buildings and improvements, and adequate tree planting
shall be completed by the owner, developer or builder.
D.
The owner, developer or builder shall preserve or incorporate natural
features, such as wetlands, woods, streams, floodplains and open space
areas, which shall add to the overall environment of the lifestyle
village.
E.
Any area not used for buildings, structures, paved areas or screening
shall be planted with an all-season ground cover and other landscaping
materials in accordance with the landscaping and screening plan. Existing
vegetative materials shall be preserved wherever practical.
In the event of any conflict between the requirements of § 172-132E or any other provisions, the following parking requirements for a lifestyle village use shall supersede, govern and control:
A.
For all retail, commercial, office and other permitted uses, other
than a hotel and cultural center, four parking spaces shall be required
for each 1,000 square feet of gross leasable area.
B.
For a hotel, a minimum of one parking space shall be provided for
each rental room or suite.
C.
For a cultural center, a minimum of one parking space shall be provided
for every 10 seats in an assembly or performance area and four parking
spaces per 1,000 square feet of gross floor area for areas other than
an assembly or performance area.
In the event of any conflict between the requirements of § 172-123 or any other provisions, the following signage requirements for a lifestyle village tract shall supersede, govern and control:
A.
Freestanding lifestyle village identification signs shall be permitted,
subject to the following regulations:
B.
Freestanding signs for individual buildings or tenants or multiple
tenants. Freestanding signs identifying individual buildings, individual
tenants or multiple tenants shall be permitted, subject to the following
regulations:
(1)
One freestanding sign shall be permitted for each entrance of
the lifestyle village tract.
(2)
The maximum surface display area of any one face of the sign
shall not exceed 50 square feet, unless there are three or more occupants,
in which case 75 square feet shall be permitted.
(3)
The maximum height shall not exceed 20 feet.
C.
Wall signs. Signs mounted on the walls or facades of a building shall
be permitted, provided that the following regulations are met:
(1)
The total area of all wall signs may not exceed 1 1/2 square
feet of a sign area per linear foot of wall, including windows, doors
and cornices.
(2)
Wall-mounted signs shall be installed parallel to the supporting
wall and project no more than 18 inches from the face of such wall
and shall not extend above the roofline of such building.
D.
Under-canopy signs. Under-canopy signs, not to exceed 10 square feet
in aggregate sign area per tenancy or occupancy, shall be permitted.
E.
Directory signs. At each entrance to the lifestyle village tract,
signs for the direction of traffic to or identification of individual
buildings or tenants within the development shall be permitted, provided
that the following regulations are met:
(1)
The maximum surface display area of each sign shall not exceed
40 square feet on any one face.
(2)
The maximum height shall not exceed 12 feet.
(3)
Each sign shall be set back a minimum of five feet from the
right-of-way line of any public or private drive or collector, measured
from the vertical plane established by the leading edge of the sign.
In no event shall the sign be installed in a sight triangle necessary
for the clear view of traffic.
(4)
Any directory sign may identify only the development's subarea
name, building name and/or tenants.
F.
Traffic control directional signs. Signs for the directional control
of vehicular traffic shall be permitted, provided that the area of
each sign shall not exceed four square feet in size. Except for street
signs approved for use on public streets, no directional sign shall
exceed three feet in height.
G.
Flags. Flags of the United States of America, the Commonwealth of
Pennsylvania, Delaware County, Newtown Township and the corporate
flags of the lifestyle village or its tenants shall be permitted,
provided that the total number and location of such flags shall be
subject to the review and approval of the Board of Supervisors.
H.
Such other signs or banners that may be approved by the Board of
Supervisors shall be permitted.
A.
The development shall be serviced with public water and fire hydrants.
B.
The development shall be serviced with public sanitary sewer facilities.
C.
All utility services in the center shall be underground.
D.
The development shall be constructed in accordance with an overall
plan and shall be designed as a single architectural theme with appropriate
common landscaping. All buildings shall be arranged in a group or
groups; mechanical and site utility equipment projected from the buildings
shall be screened from public view.
E.
There shall be facilities to handle, in adequate fashion, the flow
of surface waters in a manner so that no undue burden of surface water
drainage is imposed upon abutting streets, highways, properties and
existing watercourses.
F.
Lighting standards shall not exceed 25 feet in height, and all luminaires
shall be shielded to prevent flooding of adjacent properties.
G.
Noise from the facility at the property line adjoining residential
zoning shall not exceed 40 decibels when measured at night with the
facility unoccupied.
A.
In a C-2 Commercial District, any site development, including erection
of any building, addition to any building, construction of streets
or parking facilities or installation of sewers or utilities, requiring
permits shall be permitted only after plans have been submitted and
approved in accordance with procedures for review of a subdivision.
B.
Drafting standards. Documents submitted for site review shall meet
all drafting standards for a subdivision. In addition, the following
will be required:
(1)
On landscaping and screening plans, the minimum scale shall be one
inch equals 100 feet, and contours shall be shown at five-foot intervals;
provided, however, that the same shall provide sufficient detail to
clearly show such landscaping and screening.
(2)
On maps and plans, a key map indicating portions of the total site
or area covered by the map or plan.
(3)
A key map locating the site under consideration with the region,
the Township or an area within the Township, as may be appropriate
to fully understand the subject presented.
C.
Submission of plans and drawings. In addition to the requirements of Chapter 148, Subdivision and Land Development, as amended, the proposed site development plan shall also comply with the provisions of this chapter. The plans and drawings may be submitted as separate exhibits or included in the basic plot or site plan. In either case, the following features shall be included:
(1)
Architectural plans for proposed developments shall show buildings,
including elevations, fences, sidewalks, roads or other paved areas,
parking and landscaping and screening. All buildings, streets, alleys,
highways, streams and other topographical features within 150 feet
of any boundary line shall be shown.
(2)
An outdoor lighting plan, with a description or sketches of proposed
standards and type of luminaires.
(3)
A sign location plan.
(4)
Engineering and architectural plans for the handling and disposal
of stormwater, sewage and wastewater and the handling of other utilities
and traffic flow.
(5)
Landscaping plans for buffer areas and open areas shall show the
general location, size and species of all existing trees over six
inches in caliper, with designations as to those which are to be removed
and those which are to remain. The plan shall also include the location,
size and species of all proposed vegetative material.
D.
Submission and reports and statements. Supporting documents shall
be submitted. Documentation shall include proposed solutions to deter,
diminish or remove casual elements that adversely affect property
and persons on adjacent property and within the Township as a whole.
The documents shall include the following:
(1)
A legal description by metes and bounds of the area to be devoted
to the C-2 Commercial District development site.
(2)
A general listing and description of the classes and uses to be conducted
upon the site.
(3)
A traffic impact report giving traffic volume and flow as it currently
exists and as it is expected to exist during and at completion of
the development proposal upon the streets and highways of the Township
and within the internal circulation system of the shopping center.
The description of traffic volume and flow shall be in terms of average
daily traffic for both the highways and the shopping center during
their average hour and the peak a.m. and p.m. hours of trips. This
report is to be presented at the time of zoning submission.
(4)
A physical environmental assessment and impact statement as required
by federal, commonwealth and county law, as may be applicable, and
presented at the time of zoning submission.
(5)
An assessment and impact statement concerning utilization of public
facilities and services.
(6)
The owner, developer or builder shall prepare a solid waste management
plan indicating estimated amounts of solid waste generated upon the
site by character of waste and a system for the collection, storage
and disposal of generated waste. The system shall prevent combustion,
vermin infestation, generation of odors, release of toxic substances
and wind dispersal of waste materials. The system shall also provide
for the maintenance of litter and other site debris through periodic
sweeping and the installation of trash and refuse containers for litter.
(7)
A statement of traffic-regulating devices required, including automatic
signalization, signing and painting, and manpower requirements for
direction and enforcement. The statement should generally describe
the devices to be used, provisions for their maintenance and the considerations
of aesthetics and good graphics designs. Also, a plan showing design
and location of parking lot locator signs shall be submitted for approval.
(8)
A detailed cost estimate for execution of the approved landscaping
plan. A performance bond or other surety approved by the Township
Solicitor shall be filed with the Township. Such surety shall be in
an amount equal to the cost of purchasing, planting, maintaining and
replacing all vegetative materials for a period of two years.
Where, from time to time, the owner, developer or builder of
a C-2 Commercial District development, which has been approved under
the provisions of this chapter, wishes to request an amendment to
the plan, the following procedures shall be used:
A.
The applicant shall submit sufficient data and a plan insert showing
the amendment to the previously approved plan to the Zoning Officer,
who shall verify the accuracy of the documents submitted.
B.
The application and documents shall be submitted by the Zoning Officer to the Board of Supervisors, which shall determine whether the proposed amendment is of sufficient substance to warrant extensive site review under the procedures of § 172-79 with respect to the amendment. Zoning fees established under §§ 172-153 and 172-126 shall apply in this instance.
C.
If the application is not of sufficient substance to warrant extensive
review, the Board of Supervisors shall make a determination on the
application and advise the Zoning Officer.
[Amended 11-14-1994 by Ord. No. 1994-4]
