The purposes of this district are to promote well-integrated residential, commercial and other development close to regional public transit stations and terminals, support public transit by locating higher-density, mixed-use development adjacent or near to transit stops, reduce automobile dependency and roadway congestion by combining trips and locating destinations within walking or biking distance, and provide an alternative to conventional development by emphasizing pedestrian-oriented mixed-use development.
This TOD Transit Oriented Development District is an overlay district that shall be superimposed on portions of the underlying CBD Central Business District, HC Highway Commercial District, Industrial District and the BI Business/Institutional District that are within a 3/8 mile radius of the Darby Transportation Center as shown on the official Borough Zoning Map that is part of this chapter.
Where a transit-oriented development is proposed, if the provisions of this overlay district do not agree with the standards of the underlying district, the provisions of this district shall control.
All plans for a TOD must be reviewed by the Borough Planning Commission based on all applicable provisions contained in the MPC. As required by law, plans shall also be forwarded to the Delaware County Planning Commission for review.
Any proposal for development under the TOD Overlay District shall be submitted as an overall coordinated development plan and shall contain at least one of the use subtypes, residential, nonresidential, mixed-use, specified in § 153-79 below.
The following uses, and no others, shall be permitted as part of a unified development plan for a TOD.
A. 
Residential uses.
(1) 
Mid-rise apartment buildings.
B. 
Nonresidential uses.
(1) 
Bus or trolley terminal or station, including public parking and related public utility infrastructure.
(2) 
Retail stores or shops up to 5,000 square feet, including pharmacies, food stores, convenience stores and general merchandise stores, excluding gasoline service facilities and drive-through windows or facilities.
(3) 
Commercial service establishments such as barber or beauty salon, tailor, laundry, shoe repair, health and fitness club and related personal services.
(4) 
Restaurants and cafes, including walk-up windows, but excluding drive-though facilities.
(5) 
Banks and financial institutions, excluding drive-through facilities.
(6) 
Service-oriented offices uses.
(7) 
Non-service-oriented office uses on upper floors only.
(8) 
Museums, art galleries and other cultural, civic and community institutions or facilities.
(9) 
Child day-care center, subject to the provisions of § 153-146B.
C. 
Mixed uses. One or more of the above permitted uses may be present in the same building having two or more stories. In such mixed-use buildings, retail and other commercial uses shall be located on the ground floor, while multifamily units and/or non-service-oriented offices shall be located above the ground floor.
The following uses shall be permitted when authorized as a conditional use, subject to the applicable provisions of Article XVIII, Procedures and Standards for Conditional Uses and Special Exceptions.
A. 
Hotel, motel or bed-and-breakfast inn.
B. 
Any use of the same general character as those permitted in § 153-79. Such use shall be permitted by the Borough Council upon the recommendation of the Planning Commission, when consistent with the purposes of the district, when complying with any standards specified in Article XVIII and not detrimental to the surrounding neighborhood. To determine if a proposed use is of the same general character as any of the listed permitted uses, the Borough Council and Planning Commission shall evaluate its impacts in relation to the compatibility standards in § 153-123.
A. 
Off-street parking and loading, subject to Article XIV.
B. 
Signs, subject to Article XV.
C. 
Commercial dropoff and pickup boxes or stations for letters or packages and newspaper vending machines, provided that such boxes and/or machines shall be not be located within a right-of-way of a public street.
D. 
Plazas, squares, courtyards and urban gardens or other green space.
E. 
Public park or recreation area.
F. 
Transit facilities, including shelters and benches.
G. 
Any accessory use on the same lot with and customarily incidental to the principal use(s) on the property and not detrimental to the area.
Unless specifically stated otherwise, the following shall be minimum requirements:
A. 
Mid-rise apartment.
(1) 
Density: between a minimum of 20 and a maximum of 30 units per acre.
(2) 
Height: 56 feet or four stories maximum.
(3) 
Building length: 50 feet.
(4) 
Building coverage: 65% minimum and 90% maximum.
(5) 
Impervious coverage: 95% maximum.
(6) 
Front setback: zero feet minimum, 10 feet maximum. May be increased to 25 feet from front property line if a courtyard, plaza or seating areas are incorporated into the development adjacent to the public street.
(7) 
Side setback: three feet minimum and 30 feet maximum.
(8) 
Rear setback: three feet minimum and 20 feet maximum.
B. 
Nonresidential buildings.
(1) 
Height: two stories minimum, or four stories or 56 feet maximum.
(2) 
Building length: 30 feet.
(3) 
Building coverage: 60% minimum, 85% maximum.
(4) 
Impervious coverage: 95% maximum.
(5) 
Front setback: zero feet minimum, 10 feet maximum. May be increased to 25 feet from front property line in a courtyard, plaza of seating areas in incorporated into the development adjacent to the public street.
(6) 
Side setback: five feet minimum and 30 feet maximum.
(7) 
Rear setback: five feet minimum and 25 feet maximum.
C. 
Mixed-use buildings.
(1) 
Height: four stories or 56 feet maximum.
(2) 
Building coverage: 70% minimum and 100% maximum.
(3) 
Impervious coverage: 100% maximum.
(4) 
Front setback: zero feet minimum, 10 feet maximum. May be increased to 25 feet from front property line if a courtyard, plaza or seating areas is incorporated into the development adjacent to the public street.
(5) 
Side setback: zero feet minimum and 30 feet maximum.
(6) 
Rear setback: zero feet minimum and 15 feet maximum.
A. 
Building design.
(1) 
Building facades should be designed with window space, public access points and signage facing the street and sidewalk.
(2) 
Facades should be visually interesting and diverse; flat, blank walls should be avoided to provide a pleasant pedestrian experience by connecting activities in a structure to the adjacent sidewalk or transit stop.
(3) 
All buildings shall provide clear windows along the ground floor of the primary front facades.
(4) 
Where practicable, buildings shall have at least one main entrance on the facade nearest to or facing a transit station or street leading to transit station.
(5) 
The ground floor of the primary front facade shall contain an average of 65% to 70% clear windows and doors. Smoked, reflective, tinted or black glass in windows is prohibited.
B. 
Pedestrian system and building orientation.
(1) 
Sidewalks and public walkways shall be required in front of and/or adjacent to residential, commercial, or mixed-use buildings to connect with the pedestrian walkway system and to provide connection to transit stops and stations.
(2) 
Sidewalks and public walkways shall be constructed of concrete pavers, brick, stamped colored concrete or integral colored concrete with brick borders and a minimum of five feet wide.
(3) 
Walkways that cross parking, loading, or driveway areas must be clearly identifiable through the use of elevation changes, speed bumps, different paving materials or other similar method.
(4) 
Buildings shall be oriented toward the pedestrian by providing a direct link between the building and the pedestrian walkway network, with emphasis on directing people toward transit stops/stations.
(5) 
Lighting shall be provided for parking areas and pedestrian paths to ensure safety and convenience.
(6) 
Street trees planted at intervals of not less than 50 feet shall be required along all sidewalks. Existing trees may count toward this requirement.
C. 
Parking lots and garages.
(1) 
Surface parking shall preferably be located at the rear of buildings lots, or if not feasible, at the side.
(2) 
Surface parking lots and parking structures shall not dominate a development site.
(3) 
Surface parking areas serving permitted uses with 50 or more spaces shall be divided into separate areas by landscaped islands not less than 15 feet in width. Such parking areas shall have not more than 20 continuous parking spaces.
(4) 
Surface parking areas shall be screened along all sidewalks by a three-foot-high fence, shrubs or similar treatment that is compatible with adjacent structures.
(5) 
Shared parking is encouraged. Where applicable, a shared parking plan must be approved by the Borough. Shared parking and off site parking shall comply with the requirements of § 153-91.
(6) 
The primary front facade of a parking structure visible from a public or private street or pedestrianway shall be pedestrian-oriented and scaled. Building design shall be complementary to nearby active commercial facades, in terms of building materials and architectural pattern. Commercial or office floor space shall occupy a minimum of 80% of the ground floor facade.
(7) 
Parking garages shall include pedestrian walkways and connection to the sidewalk/pedestrian system. These walkways shall be clearly marked and continuous in design.
(8) 
The perimeter of a parking lot or parking structure shall be landscaped.
(9) 
Parking lots and garages should include one bicycle parking space per 20 vehicle spaces with a minimum of two.
D. 
Bicycle controls.
(1) 
Bicycle parking facilities shall be provided for all office and multifamily structures, and freestanding commercial uses.
(2) 
The number of bicycle parking spaces required for each use shall be as follows:
(a) 
Apartments: one space per four dwelling units.
(b) 
Retail: one space per 2,000 square feet of gross floor area.
(c) 
Office: one space per 4,000 square feet of gross floor area.
(3) 
Bicycle parking facilities must be located in a secure, lockable and well-lighted area.
(4) 
All bicycle racks, lockers or other facilities shall be securely anchored to the ground or to the structure.
A. 
Landscaping shall be provided subject to the applicable provisions of § 153-118.
B. 
Not more than 20% of landscaping coverage required in § 153-118 may be provided in form of plazas, courtyards or other paved or hard-surfaced areas.
A. 
A conceptual plan (CP) shall be prepared for any proposed development in the TOD district and shall be submitted to the Borough Council to advise them of the general scope and characteristics of the proposed development.
(1) 
The conceptual plan shall depict the following proposed development features in a general fashion: building layout, land uses, bicycle and pedestrian pathways, parking and other similar items.
(2) 
After the Borough Council reviews the conceptual plan and advises the applicant/developer of any desired revisions, the applicant shall submit a development plan (DP) to the Borough Planning Commission.
B. 
The DP shall first be submitted to the Borough Planning Commission and then, after review by the Planning Commission, to Borough Council.
C. 
The DP shall provide for the physical, design of the proposed development relative to public improvements, development standards, urban design criteria and public incentives.
D. 
Input into the preparation of the DP shall include major stakeholders, including but not limited to major property owners, neighborhood organizations, local officials and other interested parties. These individuals shall serve as an advisory committee that will work with the Borough Council, Planning Commission, Borough Manager, other Borough officials, consultants and other appropriate parties to help prepare the DP.
E. 
The DP shall include the following components:
(1) 
Existing land use, property ownership, development character, and related characteristics.
(2) 
Real estate market analysis of the development potential of the site. The analysis shall consider potential demand for, residential and commercial (retail, service and office) uses.
(3) 
Analysis of potential impacts of the development and projected infrastructure needs.
(4) 
A traffic study.
(5) 
Final development plan indicating development pattern by use, density, and similar characteristics; supporting infrastructure; pedestrian and bicycle system; urban design guidelines and implementation timetable.
(6) 
An incentive package that includes public improvements to streets, traffic signals, sidewalks, curbs and gutters, streetlights, water and sewer infrastructure and park and recreation facilities.
(7) 
The DP shall include any other information required by the Borough, as well as all the information required by the latest County Subdivision and Land Development Ordinance for the preparation of land development plans.