[Amended 6-23-2008 by Ord. No. 2008-2]
As used in this article, the following terms shall have the meanings indicated:
C-2 COMMERCIAL DISTRICT
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.
LIFESTYLE VILLAGE
An integrated development consisting of any combination of three or more of the uses permitted to be developed on the same tract, provided that any one retail store in a lifestyle village shall not have a gross floor area of more than 65,000 square feet. Except where specifically provided elsewhere herein, a lifestyle village is intended to be pedestrian-oriented and to promote a mix of commercial development with community interaction and cultural activities.
[Amended 5-28-2024 by Ord. No. 2024-06]
LOGISTICS CENTER
Flex space for any combination of three or more of the following uses: office, receiving, storage, assembly, packaging, delivery, automation and other logistics services.
[Added 5-28-2024 by Ord. No. 2024-06]
LOGISTICS CENTER SITE
The portion of a lifestyle village tract to be used and controlled by a logistics center operator, as depicted on a conditional use or land development plan by lease lines, condominium unit lines or property lines, which plan is approved by the Board of Supervisors.
[Added 5-28-2024 by Ord. No. 2024-06]
[Amended 5-28-2024 by Ord. No. 2024-06]
The C-2 Commercial District contemplates the establishment of a well-planned mix of commercial uses such as shopping center, hotel, motel, business district, lifestyle village and recreational uses designed to:
A. 
Foster the development of a group or groups of businesses and compatible facilities with appropriate landscaping and parking.
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. 
Logistics center, as part of a lifestyle village, when authorized as a conditional use.
[Added 5-28-2024 by Ord. No. 2024-06[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection L as Subsection N.
M. 
Indoor recreational use and/or, when authorized as a conditional use, outdoor recreational use.
[Added 5-28-2024 by Ord. No. 2024-06]
N. 
Accessory use on the same lot and customarily incidental to any of the above uses and not detrimental to the neighborhood. Accessory uses may include storage within a completely enclosed building in conjunction with a permitted use.
[Amended 5-28-2024 by Ord. No. 2024-06]
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.
(6) 
Public access. Public access to all units shall be directly to the out-of-doors and not through any common indoor accessway or promenade or mall; provided, however, that this provision shall not apply to the uses hereinabove set forth in Subsections E, G and J of § 172-74.
A. 
Minimum gross tract area: 50 acres, or 55 acres if a logistics center is included.
[Amended 5-28-2024 by Ord. No. 2024-06]
B. 
Minimum tract width: 2,000 feet.
C. 
Maximum building area: 20% of the portion of the tract which is not a logistics center site and 30% of the portion of the tract which is a logistics center site.
[Amended 5-28-2024 by Ord. No. 2024-06]
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.
[Added 5-28-2024 by Ord. No. 2024-06]
A lifestyle village containing a logistics center shall comply with the following special requirements:
A. 
The logistics center use must be approved by conditional use.
B. 
The minimum gross tract area of a lifestyle village containing a logistics center shall be 55 acres, at least 50 acres of which shall be devoted to permitted uses other than the logistics center use.
C. 
The logistics center site shall have a minimum gross area of five acres and a maximum gross area of six acres.
D. 
The logistics center building may not have a gross floor area larger than 80,000 square feet.
E. 
The maximum building area of the logistics center building shall be 30% of the logistics center site.
F. 
The logistics center building shall have the following minimum setbacks:
From West Chester Pike
150 feet
From all other street rights-of-way
80 feet
From property lines of single-family detached residential uses
150 feet
From all other property or lease lines
50 feet
G. 
The exterior of the logistics center building shall include general characteristics of an office building such that a minimum of 20% of the area of the front facade shall consist of windows and/or doors and a minimum of 10% of the side facades shall consist of windows and/or doors.
H. 
Manufacturing and refining shall not be permitted in a logistics center.
I. 
A logistics center need not be generally pedestrian-friendly and shall not connect directly to the internal road network of the other portion of the lifestyle village, however, it shall provide a walking path or trail which connects to the pedestrian-friendly portion of the lifestyle village.
J. 
There shall be no work done outside of the building other than loading and unloading at the loading docks, which shall be located towards the rear and be screened to the extent reasonably practicable.
K. 
There shall be no outside storage of product or material.
L. 
There shall be no truck deliveries, pickups or idling after 8:00 p.m. or before 7:00 a.m.
The following shall be required in each C-2 Commercial District development:
A. 
Entranceways and exitways, including, if necessary, 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.
[Amended 5-28-2024 by Ord. No. 2024-06]
B. 
Except as otherwise specifically provided, 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.
[Amended 5-28-2024 by Ord. No. 2024-06]
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 portion of the tract currently proposed for development and adjacent to an exterior road, exclusive of driveway crossings. All plantings shall be installed so as not to inhibit clear sight at intersections of vehicle and pedestrian circulation.
[Amended 5-28-2024 by Ord. No. 2024-06]
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, cultural center, logistics center or recreational use, four parking spaces shall be required for each 1,000 square feet of gross leasable area.
[Amended 5-28-2024 by Ord. No. 2024-06]
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.
D. 
For a logistics center, a minimum of one parking space shall be required for each 5,000 square feet of gross leasable area in the building.
[Added 5-28-2024 by Ord. No. 2024-06]
E. 
For recreational uses, the number of required parking spaces shall be determined by analysis of the reasonable parking needs of the use prepared by developer's transportation professional, subject to approval of the Board of Supervisors, taking into account the availability of shared parking. If the type of recreational use is to change, the parking needs shall be reevaluated using the same methodology.
[Added 5-28-2024 by Ord. No. 2024-06]
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:
(1) 
One lifestyle identification sign shall be permitted at each entrance of the lifestyle village tract.
(2) 
The maximum surface display area of any one face of the sign shall not exceed 100 square feet.
(3) 
The maximum height shall not exceed 30 feet.
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. 
For developments other than a lifestyle village, the development shall be constructed in accordance with an overall plan and shall be designed as a single architectural theme with appropriate common landscaping, and all buildings shall be arranged in a group or groups. In all types of developments, mechanical and site utility equipment projected from the buildings shall be reasonably screened from public view.
[Amended 5-28-2024 by Ord. No. 2024-06]
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.
[Amended 5-28-2024 by Ord. No. 2024-06]
A. 
In a C-2 Commercial District, unless waived by the Board of Supervisors due to the limited scope of the proposed development, 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 or land development.
B. 
Development of lifestyle village in phases. Notwithstanding anything to the contrary contained in this Article XVII, a lifestyle village may be developed in phases, and it shall not be necessary for land development plans to detail the proposed development of those portions of the tract which are not currently proposed for development. Only those portions currently proposed for development along with those portions of the tract previously approved need be detailed. Sufficient parking and landscaping for the areas currently proposed for development need be shown.
C. 
Drafting standards. Documents submitted for site review shall meet all drafting standards for a subdivision or land development. 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.
D. 
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, for the phase currently proposed for development, 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 topographic features within 150 feet of any phase currently proposed for development 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 12 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 within the phase currently being developed.
E. 
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 those items listed below. Items in Subsection E(1), (2), (4), (5), and (6) shall be submitted with the preliminary plan submission. Items in Subsection E(3), (7) and (8) shall be submitted with the final plan submission.
(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 for the development or, in the case of a lifestyle village, for the phase currently proposed for development:
(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 or, at the completion of a proposed phase of a lifestyle village, 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 proposed development during their average hour and the peak a.m. and p.m. hours of trips.
(4) 
A physical environmental assessment and impact statement as required by federal, commonwealth and county law, as may be applicable.
(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 for the development or lifestyle village phase currently proposed for development, 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. Fees established under §§ 172-153 and 172-126 shall apply in this instance.
[Amended 5-28-2024 by Ord. No. 2024-06]
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]