[Added 6-4-2013 by Ord. No. 348; amended 9-24-2013 by Ord. No. 352[1]]
[1]
Editor’s Note: This ordinance was reaffirmed 10-1-2013.
A. 
Intent. Pursuant to the power and authority granted by the Pennsylvania Municipalities Planning Code, Act No. 247,[1] as amended, the regulations of the Loop Road Overlay District are intended to meet the following criteria:
(1) 
The Loop Road Overlay District shall be deemed an overlay district on the specific parcels identified on the Zoning Map. The regulations, requirements and restrictions set forth in this article shall apply to development in the Loop Road Overlay District and shall supersede the regulations, requirements and restrictions applicable to the underlying zoning district.
(2) 
The purpose of establishing the Loop Road Overlay District shall be to allow the development of a well-planned, designed, built and maintained shopping center on a large parcel of ground crossing municipal boundaries and designed around a new loop road. The planned shopping centers in the Loop Road Overlay District may provide for a variety of uses within the same complex. Such centers shall have all necessary services and facilities comprehensively provided in accordance with an approved development plan. Provisions of this district are formulated to achieve harmoniously designed structures upon a well-designed and well-landscaped site.
(3) 
The Loop Road Overlay District may be applied to those parcels of land, as designated by the Township from time to time, that are zoned LI, Light Industry District.
(4) 
The Loop Road Overlay District may be applied to those parcels of land that include in their development plan the completion of the Wilmington-West Chester Pike and Baltimore Pike Loop Road as recommended in the Comprehensive Plan Update of Concord Township dated June 6, 2000.
(5) 
The Loop Road Overlay District may be employed to mitigate zoning provision differences with other municipalities when a parcel of land is situated in two municipalities and different zoning provisions apply, thus creating a more coordinated, efficient and well-planned development.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
Use regulations for the Loop Road Overlay District.
(1) 
Use by right (permitted principal uses).
(a) 
Retail shops and services in excess of 65,000 square feet are permitted uses. Retail shops and services in excess of 65,000 square feet shall utilize a Loop Road Overlay District design as set forth below, and shall be governed exclusively by the area, bulk and design requirements as set forth in § 210-160.2 below, with no other area, bulk and/or design regulations being applied. In the event of a conflict between the requirements of § 210-160.2 and any other ordinance provision, the requirements of § 210-160.2 shall supersede, govern and control. Developments within the Loop Road Overlay District may consist of one or any combination of the following uses:
[1] 
Retail shops;
[2] 
Retail services;
[3] 
Restaurants (including outdoor seating, but excluding drive-through services, with outdoor seating permitted only by conditional use);
[4] 
Banks or other financial institutions;
[5] 
Offices;
[6] 
Health club or juvenile or adult-care facility by special exception only;
[7] 
Supermarket (i.e., a large retail store that sells groceries, food, household goods, and a variety of other items; with the right to sell prepared food for takeout or on-site consumption);
[8] 
Retail and wholesale hardware and building supply store (i.e., a store selling hardware, building supplies and similar products and services on a retail and/or wholesale basis);
[9] 
Only one motor vehicle repair shop and/or motor vehicle parts and accessories store, not to exceed 9,500 square feet total gross floor area, with no vehicle sales and with all temporary outdoor storage of vehicles visually screened;
[10] 
Civic or municipal facilities;
[11] 
Hotel or inn, with or without conference facilities; and
[12] 
Health centers, medical offices, rehabilitation and therapy centers, sports medicine facilities and urgent care facilities. Such uses shall not include overnight stays.
[Added 7-21-2015 by Ord. No. 366]
(2) 
Accessory uses customarily incidental to the uses listed above.
(3) 
Conditional use. Retail shops and services that include a single building in excess of 65,000 square feet shall require conditional use approval.
A. 
The following requirements shall control the development in the Loop Road Overlay District:
(1) 
Yard and area regulations.
(a) 
Tract area. The minimum size of a tract shall be 20 acres.
(b) 
Maximum building coverage. Not more than 40% of the tract area within a Loop Road Overlay District may be occupied by buildings.
(c) 
Maximum impervious surface coverage. Not more than 70% of the tract area within a Loop Road Overlay District may consist of impervious surface coverage.
(d) 
Minimum setbacks from streets and parking.
[1] 
Any building face to a public street: 35 feet.
[2] 
Any building face to a private street (excluding internal drive aisles): 10 feet.
[3] 
Any building face to a parking space: five feet.
[4] 
Surface parking areas to any street: five feet.
(e) 
Minimum setback requirements for buildings and parking structures, measured from the tract perimeter. Any building or parking structure shall be set back at least 35 feet from the tract boundary; except where the tract boundary abuts an existing residential use which is residentially zoned (excluding overlay district zoning), in which case the building or parking structure setback requirement shall be increased to 150 feet.
(f) 
Minimum setback requirements for surface parking areas and interior roads, measured from the tract perimeter. Any surface parking area or interior road (excluding a loop road constructed to divert traffic from a major intersection) shall be set back at least five feet from the tract boundary; except where the tract boundary abuts an existing residential use which is residentially zoned (excluding overlay district zoning), in which case the setback requirement for any surface parking area or interior mad (excluding a loop road constructed to divert traffic from a major intersection) shall be increased to 100 feet.
(g) 
Minimum distance between buildings. All buildings shall be arranged in a group or groups of buildings, and the distance, at the closest point between any two buildings, or groups of attached buildings, shall be not less than 25 feet, except where such auxiliary building shall be used for housing a transformer(s), tank(s) or is to be used as a hose house or for other items which are to be used within the building it serves.
(h) 
Maximum heights. No building shall exceed 40 feet in height; except that the building setback from the right-of-way line of a street shall be increased by four feet for every one foot of building height above 40 feet, up to a maximum height of 60 feet.
(i) 
Contiguous lands located in an adjacent municipality may be utilized to satisfy the dimensional requirements applicable to developments within the Loop Road Overlay District, provided said lands are being developed as part of a planned shopping center.
(2) 
Performance requirements. See § 210-154.
(3) 
Waste storage and disposal. See § 210-155.
(4) 
Other development requirements. See § 210-265.
(5) 
Landscaping regulations. The landscaping needs associated with any given Loop Road Overlay District may vary substantially depending upon the site design, topography and other factors; thus landscaping requirements need to be determined on a case-by-case basis. The applicant shall submit a detailed landscape plan during land development review, which shall follow the applicant's submission of a conceptual landscape plan as part of the conditional use hearing. The detailed landscape plan shall be substantially consistent with the conceptual landscape plan, as approved at the conditional use hearing.
(6) 
Screening and buffering. As with landscaping in general, the screening and buffering needs associated with any given Loop Road Overlay District may vary substantially depending upon the site design, topography and other factors; thus requiring design on a case-by-case basis. The applicant shall submit a detailed screening and buffering plan during land development review, which shall follow the applicant's submission of a conceptual screening and buffering plan as part of the conditional use hearing. The detailed plan submitted at land development review shall be substantially consistent with the conceptual plan as approved at the conditional use hearing.
(7) 
Lighting. Lighting shall be approved as a condition of final plan approval.
(8) 
Permitted signs.
(a) 
Entrance signs. No more than one entrance sign identifying the name of the development(s), developer(s), owner(s), operator(s) or tenants shall be permitted at each intersection of an entrance drive and a principal arterial street or public collector street, provided that the following regulations are met:
[1] 
The maximum surface display area of the sign shall not exceed 200 square feet on any one face; however, the Township Council shall have discretion to increase the surface display area to 225 feet if, upon review, such sign size is deemed necessary or otherwise in the Township's best interest.
[2] 
The maximum height shall not exceed 30 feet.
[3] 
In no event shall the sign overhang any parking area, drive or pedestrian walkway or be closer than five feet to a public street right-of-way or be installed in sight triangles necessary for the clear view of traffic.
[4] 
Notwithstanding the foregoing, a second entrance sign shall be permitted at the intersection of an entrance drive and a principal arterial street or public collector street, subject to the criteria listed above, if the entrance serves as access to another use which does not have existing road frontage along a principal arterial street or public collector street.
(b) 
A Loop Road Overlay District identification sign shall be permitted, subject to the following regulations:
[1] 
One project identification sign shall be permitted for each proposed lot in the Loop Road Overlay District.
[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 15 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 1.0 square foot of sign area per linear foot of primary facade, including windows, doors, and cornices; and 0.5 square foot of sign area per linear feet for all other facades, 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 roof line of such building. Chimneys, spires, towers, elevator penthouses and similar projections shall be considered above the roof line of buildings.
(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) 
Parking structure signs. No exterior signs identifying or advertising the name of the building, the name of the development, owner, operator or principal user of the building shall be permitted on any parking structure, excepting directional signs for traffic control.
(f) 
Directory signs. At each of the major entrances to the tract and/or parking areas 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 curb line or edge of paving of any public or private drive or collector drive, measured from the vertical plane established by the leading edge of the sign. In no event shall the sign overhang any parking area, public right-of-way or pedestrian walkway or 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.
(g) 
Traffic-control and directional signs. Signs for the 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 by the Pennsylvania Department of Transportation, no sign shall exceed three feet in height.
(h) 
Flags. Flags of the United States of America, other sovereign nations, the Commonwealth of Pennsylvania, Delaware County, Concord Township and the corporate flags of the Loop Road Overlay 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 Township Council, and that the square footage of any flag may be no greater than 96 square feet.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(i) 
Off-premises signs. In addition to the freestanding signs permitted by this article, a sign for a development in the Loop Road Overlay District may be located off site, shall have the same area, height and setback restrictions as entrance signs, and shall not be subject to the regulations of § 210-210I, if the sign is located within 2,500 feet of the tract.
(j) 
Calculation of the sign area. For the purposes of this section, "surface display area" or "sign area" shall mean the entire area within a continuous perimeter formed by straight lines joined at right angles which enclose the extreme limits of the writing, background, representation or display of the sign face. The supports, uprights or structure on which any sign is supported shall not be included in determining the surface display area unless such supports, uprights or structure are designed in such a manner as to form an integral background of the display or conveys meaning.
(k) 
All signage for individual tenants shall be reviewed and approved by the Township Council, on a case-by-case basis, prior to issuance of a building permit.
(9) 
Off-street parking and loading requirements.
(a) 
For developments in the Loop Road Overlay District, all uses shall be parked at a minimum of 4.5 spaces for each 1,000 square feet of gross floor area, except as set forth below:
[1] 
Restaurant uses: 4.5 for each 1,000 square feet of gross floor area, provided that the gross floor area of all restaurants in the Loop Road Overlay District does not exceed 10% of the total gross floor area. If the gross floor area of all restaurants in the Loop Road Overlay District exceeds 10% of the total gross floor area, the gross floor area in excess of 10% shall be parked at 15 spaces for each 1,000 square feet of gross floor area. Because developments in the Loop Road Overlay District necessarily provide for shared and overflow parking, an outdoor seating area shall not be counted as gross floor area for purposes of determining the number of required parking spaces.
[2] 
Hotel uses: 1.1 spaces for each rental room or suite. If a restaurant in connection with such a use is open to the public, the off-street parking facilities for such restaurant shall not be less than those required for a restaurant.
(b) 
Each surface parking space shall consist of a rectangular area having dimensions not less than nine feet in width and 18 feet in length. Aisles serving such surface parking areas shall have a minimum width of 24 feet for two-way traffic and 15 feet for one-way traffic. Parking lot striping shall conform to existing Township regulations.
(c) 
In addition to the required off-street parking areas, there shall be provided off-street areas for the loading and unloading of delivery trucks and for the servicing of the buildings by refuse collection, fuel and other service vehicles, which areas shall be located at the side or rear of the building, shall be adequate in size and shall be so arranged that each may be used without blockage or obstruction of accessways or the automobile parking facilities.
(d) 
Contiguous land located in an adjacent municipality may be utilized to satisfy the parking requirements applicable to developments within the Loop Road Overlay District, provided said lands are being developed as part of the planned shopping center.
(e) 
The width of an entrance and exit drive is permitted to be greater than 25 feet for two-way use.
(f) 
There shall be no limitation as to the number of parking spaces permitted to be accommodated in a single parking area.
(10) 
Special development regulations.
(a) 
Unified plan. Any development plan hereunder shall consist of a unified, harmonious grouping of buildings, service and parking areas and landscaped spaces, planned and designed as an integrated unit.
(b) 
Ownership. The tract of land to be developed shall be in single ownership or shall be the subject of an application filed jointly by the owners of the entire tract, and in which it shall be agreed that the tract will be developed under single direction in accordance with an approved master development plan.
(c) 
Condominium. The owner of a property in the Loop Road Overlay District, who has received land development plan approval for a project, shall be permitted to subject their property to the Pennsylvania Uniform Condominium Act[1] without having to obtain separate land development approval for the establishment of the condominium.
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
(11) 
Bus shelters. Bus shelter(s) shall be provided at location(s) consistent with area bus routes, and subject to approval during final plan review.
(12) 
Utilities. All buildings within the Loop Road Overlay District shall be served by public water and public sewage services. All utility lines servicing a development in the Loop Road Overlay District shall be underground. The applicant shall propose design criteria for all new traffic signal poles and other poles, which shall be subject to Township review at final plan approval, unless such design is otherwise prescribed by the Pennsylvania Department of Transportation.
(13) 
Stormwater management. As part of the conditional use application, the applicant for a development in the Loop Road Overlay District shall provide plans showing that the tract will be provided with a unified storm water management plan. The plan shall show the proposed locations and general design of stormwater detention basins; however, detailed stormwater engineering and calculations shall not be required until subdivision/land development plans are submitted.
(14) 
Traffic. A traffic impact study shall be required and submitted as part of the conditional use application. The applicant shall provide credible evidence that the development in the Loop Road Overlay District will include sufficient road improvements to mitigate the traffic impacts of the development on public streets and will avoid significant increased traffic safety hazards, consistent with the provisions of the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(15) 
Design guidelines. The applicant shall submit design guidelines for the development in the Loop Road Overlay District to the Township during the conditional use hearing which shall be reviewed and approved by the Township as part of the conditional use application, if such application is approved. The design guidelines shall include, but not necessarily be limited to, the following:
(a) 
Architectural design guidelines for all of the main buildings, such guidelines providing for facade ornamentation, building offsets, window treatments, variations of roof line and other elements designed to reduce the horizontal mass of the buildings.
(b) 
Pedestrian linkages to provide for the safe passageway of pedestrians throughout the Loop Road Overlay District. Trails shall be considered for connection to adjacent parcels in accordance with the Township pedestrian linkage plans.
(c) 
The applicant shall submit a conceptual public access and pedestrian connectivity plan as part of the conditional use hearing. This plan may include site elements such as public open space areas, sidewalks, crosswalks, plaza space, walking paths, landscaping and other such features to enhance the public's access to the site and provide some benefit in terms of gathering space and pedestrian connectivity. The detailed plan submitted at land development review shall be substantially consistent with the conceptual plan as approved at the conditional use hearing.
(16) 
Amendments to approved conditional use plan. The Township Council may, with the consent of the applicant, modify one or more of the design elements or conditions of conditional use approval, without resorting to an amended or new conditional use application, provided that the amendment is in the best interest of the Township.