In addition to the general goals referenced in Article I of this chapter and in the Land Use Plan Goals and Objectives of the Comprehensive Plan, the districts established in this chapter are intended to achieve the following:
A.
To provide sufficient space, appropriately located for residential
development, to meet the housing needs of the present and expected
future population of the Township within the range of house types
and densities anticipated;
B.
To assure light, air and privacy by controlling the spacing and height
of buildings and other structures;
C.
To protect residential areas against hazards of fire, offensive noise,
vibration, smoke, odors, glare and other objectionable influences;
D.
To prevent congestion by regulating the density of population and
the bulk of buildings and by providing for sufficient off-street parking;
E.
To protect residential neighborhoods from heavy or through traffic;
F.
To make possible provisions of those public and private educational,
recreational, health and similar facilities serving the needs of nearby
residents which perform most effectively in a residential environment
and do not create objectionable influences;
G.
To perpetuate the distinctive identity and character of the village
environment in the town centers;
H.
To provide for future mobile homes in appropriately located, well-designed
parks; to permit limited public and quasi-public uses appropriate
for residential neighborhoods; to meet minimum standards of health
and safety by protecting against hazards and nuisances; to provide
for adequate open space and recreational opportunity; and to provide
for low- and moderate-income housing;
I.
To promote the most desirable use of land and direction of building
development in accordance with a well-considered subdivision plan;
to promote stable residential development; to protect the character
of any district and its peculiar suitability for particular uses;
to conserve the value of land and buildings; and to protect the Township
tax revenues.
A.
B.
Conditional uses. The following conditional uses shall be approved
by the Board of Township Supervisors upon meeting the listed express
standards and criteria and any other conditions deemed necessary by
the Township Supervisors following the conditional use hearing.
(1)
Personal-care boarding homes.
(a)
The minimum lot size required shall be 21,780 square feet (1/2
acre).
(b)
The site shall have direct access to a street classified in
the Comprehensive Plan as arterial or collector.
(c)
The site shall be serviced by public water and public sewer.
(d)
The facility shall be licensed by the commonwealth, and twenty-four-hour
supervision shall be provided by staff qualified by the sponsoring
agency.
(e)
Adequate provision shall be made for access by emergency, medical
and fire vehicles, as determined through site plan review and after
receipt of written recommendation from the Fire Chief of jurisdiction.
(f)
Adequate open space opportunities shall be provided for recreation
consistent with the needs of the residents, and the area shall be
secured by a fence with a self-latching gate.
(g)
Where applicable, licensing or certification by the sponsoring
agency shall be prerequisite to obtaining an occupancy permit, and
a copy of the annual report with evidence of continuing certification
shall be submitted to the Zoning Officer in January of each year.
(2)
Day-care center.
(a)
The minimum lot size required shall be 43,560 square feet (one
acre).
(b)
The site shall be serviced by public water and public sewer.
(c)
The facility shall be licensed by the commonwealth.
(d)
Safe access and areas for discharging and picking up children
shall be provided, as approved through site plan review.
(e)
Outdoor play areas shall be provided and shall be secured by
a fence with self-latching gates. Fence must be a minimum of 36 inches
high and shall be attached to the building at two points.
(f)
The general safety of the site proposed for the day-care center
shall be evaluated as it relates to the needs of small children.
(3)
(4)
Primary and secondary schools.
(a)
No structure shall be located within 100 feet of any structure
on another lot.
(c)
No off-street parking area, including drives, shall be located closer than 10 feet to any lot line. Off-street parking areas shall include both interior and perimeter landscaping as required in § 240-84 of this chapter.
(d)
A lighting plan shall be approved as part of site plan approval. Such lighting shall not infringe upon other properties, pursuant to § 240-94 of this chapter.
(e)
Noise shall not infringe upon other properties.
(6)
Purpose and intent for cluster housing subdivision provisions.
(a)
Cluster housing subdivisions are permitted and encouraged throughout
Cecil Township to protect its valuable natural resources, recognizing
that controlled development is necessary to achieve the Township's
goals and objectives.
(b)
The cluster housing subdivision provisions will accomplish the
Township's goals and objectives by:
[1]
Providing flexible development options to preserve existing
natural features including wooded slopes, quality stands of trees,
stream valley corridors, wetlands, wildlife habitats, and other natural
features.
[2]
Permitting the construction of housing on small parcels with
large common open space areas to maintain the rural village-like atmosphere
which exists in the Township.
[3]
Providing flexible development options in those areas where
standard rectilinear development patterns are not suitable due to
physical conditions.
[4]
Creating a system of integrated walking and biking trails to
connect new developments with natural areas and existing neighborhoods
to encourage alternate means of travel to the automobile.
[5]
Providing open space areas which will provide the residents
with active and passive recreational opportunities and permit some
innovative community living projects.
[6]
Providing alternate methods for dealing with wastewater disposal
from several households (small-flows treatment systems) as compared
to individual on-site septic systems.
(c)
Principles governing use and authorization districts. The goals
of both the cluster housing and open space subdivisions are similar.
Their use in Cecil Township is dependent upon the size of the parcel
(or parcels) of land planned for development and the location of the
parcel (or parcels) in the Township's residential R-1 District.
[1]
Acreage requirements. In an R-1 District, cluster housing is
permitted on any parcel, or parcels jointed together, with a minimum
size of two acres.
(d)
GROSS SITE AREA
NET SITE AREA
Definitions. As used in this section, the following terms shall
have the meanings indicated:
The total area of the site within property boundaries, counting
land devoted or to be devoted for public rights-of-way and easements,
wooded slopes, wetlands, floodplains, etc.
The total land area of a site adjusted to eliminate the following
undevelopable land areas from the calculation: existing rights-of-way
for streets, public utility easements including overhead transmission
lines, areas designated as steep slopes (25% or greater), land classified
as flood-prone by FEMA, wetlands and quality strands of trees.
(f)
Design standards.
[1]
Housing density.
[a]
The overall cluster housing subdivision project
may not exceed the density allowed by the underlying zoning district,
as shown on the following table.
[b]
The gross site area of the development site will
be used to determine the number of permitted dwelling units.
|
Density Requirements Cluster Housing Subdivision Developments
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|---|---|---|
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R-1 Residential Agricultural District
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2 dwelling units per acre
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[2]
Area and bulk requirements.
[a]
Good design principles shall govern the siting
of each dwelling unit, and standards for building spacing should be
based on providing privacy for each unit and ensuring that adequate
light and air is provided for each room in every dwelling unit. Variation
in lot sizes and widths are encouraged to avoid a mass-produced, dull
streetscape, and to promote the individuality of each building lot.
The proposed locations for all housing sites must be indicated on
the preliminary subdivision plan in sufficient detail to verify that
all development standards can be satisfied.
[b]
The requirements of the Pennsylvania Department
of Environmental Protection shall be satisfied concerning the location
of on-site septic systems and individual wells.
[c]
Lot sizes may vary in size, but in no case shall
the minimum lot size be less than 10,890 square feet (or 1/4 acre)
per dwelling unit.
[d]
The minimum lot widths for single-family detached
dwellings shall be 65 feet and the maximum lot width shall be 120
feet. The minimum lot width is intended to provide privacy, light
and air to each of the dwelling units; the maximum lot width is intended
to prevent the creation of large, land-consuming lots which are expensive
to develop and against the purposes of this article.
[e]
Front-yard depths for all permitted dwelling types
shall vary, but in no case may the distance between the dwelling unit
and the street right-of-way be less than 25 feet. The minimum front
yard is intended to provide privacy. The developer is encouraged to
provide privacy by other means other than a large front yard. Reducing
traffic flow through street layout, or by screening or planting, or
by facing the structure towards open space or a pedestrianway are
other ways of ensuring privacy. Where attached garages are placed
on the lot, they require a twenty-foot setback. Adequate visibility
must be provided for safe back-out onto the street from the driveway.
[f]
Flag lots are permissible as long as the access
road to the dwelling unit is at least 24 feet wide and the total lot
size exceeds 1/2 acre. Flag lots may not comprise more than 10% of
the total lots. For example, if there are 10 lots in the development,
only one flag lot may be created.
[g]
The minimum required distance between each dwelling
unit building is 15 feet, with no individual side yard being less
than five feet.
[h]
The maximum building height shall be 35 feet. Accessory
structures to residential buildings shall not exceed 15 feet in height.
[3]
Buffer yard.
[a]
A landscaped buffer yard area, measuring a minimum
of 25 feet, must be provided around the perimeter of all cluster housing
and open space subdivisions. The purpose of the buffer yard area is
to provide a visual screen between the proposed development and other
existing or proposed developments, particularly when the project abuts
other nonresidential uses. The landscaped buffer yard only applies
to the edge of the cluster home development area which abuts adjacent
parcels and is not required to buffer the required open space and
common area.
[b]
The buffer yard shall provide an all-year visual
screen measuring a minimum of six feet in height and, to the greatest
extent possible, shall utilize natural features to obtain this result.
Where this cannot be accomplished with existing site features, landscaped
area shall be planted and maintained to produce the same effect with
trees, shrubs, bushes, grass, ground cover or other natural landscaping
material, and shall consist of a mix of types and sizes of plant material.
A landscaping plan, showing the buffer yard area and plantings, shall
be submitted to the Township Supervisors prior to final subdivision
approval. The landscaping plan shall be prepared by a registered landscape
architect and shall be prepared in sufficient detail to demonstrate
that the purposes of this paragraph will be satisfied.
(g)
Standard for location and maintenance of common open space.
[1]
Requirements for common open space. All cluster housing subdivision
must provide common open space areas within the limits of the proposed
development in accordance with the requirements established by this
section. In no case may property owned outside the limits of the proposed
development be considered as common open space acreage to fulfill
the open space requirements. All common areas shall be reserved as
permanent open space.
[a]
Cluster housing. A fifty-percent minimum of the
gross site area must be dedicated to common open space, which is to
remain in a natural and undisturbed condition in perpetuity.
[2]
Preservation of water features. Water features, such as drainage
ways and streams, must be left in a natural state unless altered to
improve stormwater drainage. Water features must be in common ownership
unless otherwise approved during the subdivision review process.
[3]
Recreational facilities in common open space areas. Public and
private recreational facilities or structures, and their accessory
uses, located in common open space areas shall be considered improved
open space, as long as the facilities are appropriate to the natural
setting and the total impervious surface area constitutes not more
than 2% of the total common open space. No public or private recreation
facilities or structures or grading may occur in a dedicated common
area without Township approval.
[4]
Community subsurface disposal systems. Community subsurface
disposal systems may be located within the common open space areas
as long as the system is designed to serve residents with ownership
in the common space area and an easement is provided for inspections
and system maintenance.
[5]
Ownership of common open space.
[a]
Common open space in cluster housing subdivisions
or open space subdivisions may be owned by one of the following methods.
The method of ownership shall be indicated during the review process,
and documentation verifying the form(s) of ownership shall be required
prior to final plan approval.
[i]
Dedicated to public use if the Township (or another
public agency) indicates it is willing to accept such dedication;
[ii]
Provide for and establish one or more organizations
for the perpetual ownership and maintenance of all common open space.
Each such organization shall be a nonprofit homeowners' corporation,
unless the developer demonstrates that a community open space trust
is a more appropriate form of organization. In cases where the Township
will not be accepting ownership of recreation and open space areas,
the landowner shall provide for an organization or trust for ownership
and maintenance. If the open space is deeded to a homeowners' association
or a nonprofit corporation established on a membership basis, the
developer shall file a declaration of covenants and restrictions that
will govern the association and provide for perpetual undisturbed
green open space.
[b]
If a homeowners' association or open space trust
is formed, it shall be governed according to the following regulations:
[i]
The organization must be set up by the developer
before the sale of any lots and, if necessary, it must operate with
financial subsidy by the developer.
[ii]
All land not to be sold or developed will be shown
on the final recorded plan as "common open space" and will be conveyed
to the organization at the time of formation and labeled "undisturbed"
in perpetuity.
[iii]
Membership in the organization is mandatory for
all purchasers of homes therein and their successors.
[iv]
The organization shall be responsible for administration,
maintenance, insurance and taxes on common open space.
[v]
The members of the organization shall share equitably
the costs of maintaining common open space, in accordance with procedures
established by them.
[vi]
The organization shall have or hire adequate staff
to administer common facilities and maintain common open space.
[vii]
The organization shall not be dissolved nor shall
it dispose of the common open space by sale or otherwise, except to
another organization conceived and established to own and maintain
the common open space, without first offering to dedicate the same
to the public.
[viii]
In the event that the organization established to own and maintain a common open space or any successor organization shall at any time after establishment of the homeowners' association fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Township may serve written notice and may take the necessary actions to correct the deficiencies and assess the cost incurred in accordance with Article VII of the Municipalities Planning Code.
(h)
Procedures for approval.
[1]
Review process. Cluster housing plans are subject to the subdivision review process defined by Chapter 210, Subdivision and Land Development, of the Code.
[2]
Five-step decision process. Open space subdivisions shall be designed according to a five-step process as defined in Subsection B(6)(h)[2][a] through [e] below. The Planning Commission will review each step of this process. At the completion of Steps 1 through 5, the developer will prepare final plans for approval by the Township's Board of Supervisors and for recording in the Washington County Recorder's office, in accordance with the procedures outlined in Chapter 210, Subdivision and Land Development, of the Code. It is recommended that the developer meet with the Planning Commission prior to developing any plans to discuss his intentions and the requirements of this section. At a minimum, the developer shall submit plans to the Planning Commission following the completion of Step 3 and Step 5.
[a]
Step 1: Determine number of houses. Determine the number of potential houses in the development using the density guidelines established in § 240-23D(1). For example, a landowner with 50 acres in the R-1 District would be permitted to construct 100 homes given the density provisions of two units/acre stated in Subsection D(1).
[b]
Step 2: Prepare existing features and site analysis
plan. Prepare an existing features and site analysis plan to identify
all special characteristics associated with the property to be developed,
including:
[i]
Primary conservation areas. Includes areas such
as wetlands, floodplains and steep slopes. (See Figure 1 below.)
Figure 1: Primary Conservation Areas
|
[ii]
Secondary conservation areas. Includes developable
land areas worthy of conservation for preservation of mature or healthy
and diverse woodlands, wildlife habitats critical for breeding or
feeding, hedgerows and prime farmland, scenic views into and out of
the site, and historic buildings in their rural context. (See Figure
2 below.)
[iii]
Any other feature requested by the Planning Commission
for its resource value or for its potential negative impact on development.
Figure 2: Secondary Conservation Area
|
[c]
Step 3: Prepare a conservation and development
plan. Prepare conservation and development plan to demonstrate those
land areas identified as primary and secondary conservation areas
in the existing features and site analysis plan and the remaining
land areas which are potential development areas. (See Figure 3.)
Figure 3: Potential Development Areas
|
[d]
Step 4: Locate individual house sites and align
streets and trails.
[i]
Locate the approximate sites for individual houses
in close proximity to the common open space areas. To the greatest
extent possible, design each site to maximize access to common open
space areas. The maximum number of home sites shall be limited to
the number identified in Step 1. (See Figure 4.)
Figure 4: Locating House Sites
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[ii]
Delineate a street system to serve each of the
housing sites and connect them as a neighborhood to the abutting public
street. Delineate informal footpaths to provide the means to travel
throughout the subdivision by foot or by bicycle. (See Figure 5.)
Figure 5: Aligning Streets
|
[e]
Step 5: Develop the lot lines. With the housing
sites and streets in place, develop the lot lines for each site and
prepare final subdivision plan. (See Figure 6.)
Figure 6: Lot Lines
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C.
Special exceptions. The following uses by special exception shall be permitted by the Zoning Hearing Board in accordance with the procedure specified in § 240-14B and the respective express standards and criteria below.
(1)
Home occupation.
(a)
No more than one employee, other than members of the family
residing in the dwelling, shall be permitted.
(b)
There shall be no display or sign other than a single nameplate
not exceeding one square foot in area.
(c)
No retail sales are permitted.
(d)
No activity associated with a home occupation shall be conducted
in an accessory structure.
(e)
No accessory structure shall be erected or brought to the site
to accommodate or otherwise augment a home occupation business.
(f)
There shall be no storage of materials or equipment outside
an enclosed building.
(g)
There shall be no use of materials or equipment that are not
normally used on single-family residential property.
(h)
There shall be no external construction features that are not
customary to single-family residential dwellings. An existing separate
entrance may be used for the conduct of the home occupation, but no
additional and separate entrance shall be constructed for the purpose
of conducting the home occupation.
(i)
The use shall not create additional environmental impact other
than those impacts normally resulting from single-family residential
use.
(j)
Adequate areas for off-street parking shall be provided.
(k)
There shall be no exterior display of merchandise available
for sale on the premises.
(l)
No more than 15% of the floor area of the dwelling shall be
devoted to the conduct of a home occupation.
(2)
Day-care home.
(a)
The minimum lot size required shall be one acre.
(b)
Public water and public sewer shall not be required if a private
water source is available, provided the quantity and quality of water
is approved by an inspector certified by the Department of Environmental
Protection and a septic system or its equivalent is approved by the
Sewage Enforcement Officer.
(c)
The facility shall be licensed by the commonwealth.
(d)
Safe access and areas for discharging and picking up children
shall be provided, as approved through site plan review.
(e)
Outdoor play areas shall be provided and shall be secured by
a fence with self-latching gates.
(f)
The general safety of the site proposed for the day-care center
shall be evaluated as it relates to the needs of small children.
(g)
Play areas shall be screened from adjoining residential properties by a buffer area as defined by § 240-85 of this chapter.
(i)
No more than one employee, other than members of the family
residing in the dwelling, shall be permitted.
(j)
There shall be no exterior display or sign other than a single
nameplate not exceeding one square foot in area.
(k)
No activity associated with a day-care home shall be conducted
in an accessory structure.
(l)
There shall be no storage of materials or equipment outside
an enclosed building.
(m)
There shall be no use of materials or equipment not normally
used on single-family residential property.
(n)
There shall be no external construction features not customary
to single-family residential dwellings. An existing separate entrance
may be used for the conduct of the day-care home activities, but no
additional and separate entrance shall be constructed for the purpose
of conducting the day-care home activities.
(o)
The use shall not create additional environmental impact other
than those impacts normally resulting from single-family residential
use.
(3)
Kennel.
(a)
Kennels in residential districts shall be permitted only when
accessory to a farm as defined by this chapter.
(c)
Outdoor runs and similar facilities shall be constructed for
easy cleaning, shall be adequately secured by a fence with a self-latching
gate, and shall be screened along all sides facing adjoining properties
by a buffer area, as defined by this chapter, which is at least six
feet in depth and height. The kennel and run facilities shall be constructed
closer to the primary structure on the lot on which such structure
is erected than to the nearest primary structure on the adjacent lots.
(d)
The use shall not create any adverse odor or noise that negatively
impacts on the neighboring properties.
A.
B.
Conditional uses. The following conditional uses shall be approved
by the Board of Township Supervisors upon meeting the listed express
standards and criteria:
(1)
Day-care center, subject to the same standards and criteria set forth in § 240-23B(2) of this article, and the same are incorporated herein by reference as fully as though set forth at length.
(2)
Houses of worship, subject to the same standards and criteria set forth in § 240-23B(3) of this article, and the same are incorporated herein by reference as fully as though set forth at length.
(3)
Community residential home:
(a)
The minimum lot size shall be 1/2 acre.
(b)
The minimum lot width shall be 125 feet.
(c)
The lot shall be serviced by a public water supply system.
(d)
A landscape buffer 15 feet in width shall be provided if the
use abuts an R-1 District or single-family or two-family use. The
buffer shall consist of a tree screen, consisting of 30% deciduous
and 70% evergreen trees, with individual trees to be at least six
feet in height at planting and spaced no more than 15 feet apart.
In addition, a shrubbery row of a nondeciduous species shall be planted,
with individual shrubs to be at least two feet in height at planting
and spaced no more than five feet apart.
(e)
All community residential structures shall be sprinklered with
an approved sprinkler system through the main exit hallway, plus any
additional or increased safety requirements mandated by the regulatory
agency. All such structures shall have a smoke detection system wired
or connected to a central alarm system and be automatically activated.
(f)
The applicant shall annually file with the Township the name
and office number of at least one person designated by the applicant
as the community representative for the facility.
C.
Special exceptions. The following uses by special exception shall be permitted by the Zoning Hearing Board in accordance with the procedure specified in§ 240-14B and the respective express standards and criteria:
(1)
Home occupations, subject to the same standards and criteria set forth in § 240-23C(1) of this article, and the same are incorporated herein by reference as fully as though set forth at length.
(2)
Day-care homes, subject to the same standards and criteria set forth in § 240-23C(2) of this article, and the same are incorporated herein by reference as fully as though set forth at length.
A.
B.
Conditional uses. The following conditional uses shall be approved
by the Board of Township Supervisors upon meeting the listed express
standards and criteria:
(1)
Day-care center, subject to the same standards and criteria set forth in § 240-23B(2) of this article, and the same are incorporated herein by reference as fully as though set forth at length.
(2)
Houses of worship, subject to the same standards and criteria set forth in § 240-23B(3) of this article, and the same are incorporated herein by reference as fully as though set forth at length.
C.
Special exceptions. The following uses by special exception shall be permitted by the Zoning Hearing Board in accordance with the procedure specified in § 240-14B and the respective express standards and criteria:
(1)
Home occupations, subject to the same standards and criteria set forth in § 240-23C(1) of this article, and the same are incorporated herein by reference as fully as though set forth at length.
(2)
Day-care homes, subject to the same standards and criteria set forth in § 240-23C(2) of this article, and the same are incorporated herein by reference as fully as though set forth at length.
D.
Area and bulk regulations.
(2)
Minimum lot width at front-yard setback: 75 feet.
(3)
Minimum front-yard setback:
(a)
Undeveloped area [vacant parcels capable of being subdivided
into two or more parcels or lots which are capable of meeting the
minimum area and bulk regulations of R-3 above. Excludes individual
lots of record in a previously recorded plan (prior to November 1999).]:
25 feet.
(b)
Developed area (fully built-out villages.): Average of the setbacks
of the adjacent existing buildings on both sides of a proposed new
building or addition.
(6)
Maximum building height: 2 1/2 stories or 35 feet.
(7)
Maximum lot coverage: average coverage of adjacent three buildings
on both sides of a proposed new building or addition (includes accessory
buildings).
A.
Uses by right. The following uses are classified as uses by right
in this district. Land may be used and buildings and structures may
be erected, altered or used by right for the following purposes and
no other:
B.
Special exception. The following use by special exception shall be permitted by the Zoning Hearing Board in accordance with the procedure specified in § 240-14B and the respective express standards and criteria:
(1)
Home occupation, subject to the same standards and criteria set forth in § 240-23C(1) of this article, and the same are incorporated herein by reference as fully as though set forth at length.
In addition to the general goals listed in Article I of this chapter and in the Land Use Plan Goals and Objectives of the Comprehensive Plan, the creation of districts established in this article is intended to achieve the following:
A.
To provide sufficient space in appropriate locations for the types
of commercial and service establishments anticipated in the Comprehensive
Plan.
B.
To provide appropriate space for the requirements of present-day
merchandising establishments, along with associated parking and vehicular
and pedestrian circulation areas.
C.
To promote the most desirable use of land and pattern of building
development; to promote stable commercial development; to strengthen
the economic base of the Township; to protect the character of the
commercial areas and nearby districts; to preserve the value of land
and buildings; and to promote municipal tax revenues.
D.
To provide a procedure whereby plans for new buildings or enlargements,
renovations or remodeling of existing buildings are submitted to the
Township Planning Commission or Township Department of Planning for
review and approval.
E.
To provide a means whereby the Township may, from time to time, designate
certain areas for specific commercial uses according to current commercial
needs.
A.
Specific intent. It is the purpose of this district to encourage
the establishment of general business uses to meet the needs of regional
and/or local market areas; to provide opportunities for general commercial
development on larger sites in locations on arterial or collector
roads which can accommodate the traffic impacts of more intense development.
It is also the intent to allow planned shopping centers where unified
site development is possible to control access and minimize impacts
on adjacent uses.
B.
Uses by right.
|
Farm, subject to § 240-53, Agricultural regulations
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Home occupation in dwelling
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Home office
| |
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Apparel and clothing accessories store
| |
|
Furniture, home furnishings, hardware, and household appliance
store
| |
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Food store, including supermarket and bakery, where food products
are to be sold only at retail on the premises
| |
|
Eating establishment, including restaurant, lunch counter, and
delicatessen
| |
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Convenience store
| |
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Pharmacy
| |
|
Gift shop, including camera, book, stationery, antique, musical
supplies, cosmetics, candy, tobacco, flower, hobby, jewelry, leather
and luggage shop
| |
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General retail merchandise store
| |
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Greenhouse (commercial)
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Business and professional office
| |
|
Business service
| |
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Personal service
| |
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Essential service
| |
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Public building
| |
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Club, lodge, or fraternal organization
| |
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Coin-operated laundry
| |
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Garden nursery
| |
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Indoor and outdoor recreational facility
| |
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Indoor theater
| |
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Studios for the instruction of art, music, dance, martial arts,
crafts
| |
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Photography studio
| |
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Funeral home
| |
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Library
| |
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Museum
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Motel or hotel
| |
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New and used vehicle sales, rental, and service
| |
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Car wash
| |
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Automobile and gasoline service station
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Automotive repair garage
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Tavern
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Veterinary clinic
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Educational institution
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Accessory uses
| |
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Single family* and multifamily dwellings*, on parcels or tracts
of land capable of further sub-division where each newly created lot
or parcel will meet the minimum Area and Bulk Regulations of the R-2
District.
| |
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Single-family* and multifamily dwellings* on individual lots of record created prior to November 1999. [Single-family and multifamily dwellings proposed on individual lots of record created prior to November 1999 and where such lot abuts commercial uses on two or more sides shall be addressed as a conditional use in Subsection C(5) below.]
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Distributed antenna systems (DAS) and data collection units (DCU) in the public right-of-way, subject to the express standards and criteria set forth in § 240-59.1 of this chapter.
[Added 6-6-2016 by Ord. No. 3-2016] |
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*
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New residential construction or residential development in an
existing commercial district will not subject any existing or future
commercial establishment or existing commercial lot of record to any
additional landscaping requirements beyond that which would be required
if the new adjacent use was commercial.
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C.
Conditional uses.
(1)
Day-care center, subject to the same standards and criteria set forth in § 240-23B(2) of this article, and the same are incorporated herein by reference as fully as though set forth at length.
(2)
Personal-care boarding homes, subject to the same standards and criteria set forth in § 240-23B(1) of this article, and the same are incorporated herein by reference as fully as though set forth at length.
(3)
Nursing home or hospital.
(a)
The minimum site required for a nursing home shall be two acres;
the minimum site required for a hospital shall be five acres.
(b)
The site shall have direct access to a street classified in
the Comprehensive Plan as an arterial or collector.
(c)
The site shall be serviced by public water and public sewers.
(d)
The facility shall be licensed by the commonwealth.
(e)
Outdoor lighting shall be shielded away from adjacent lots.
(f)
Ingress, egress, internal traffic circulation, and parking shall meet the requirements of Article IX.
(g)
Adequate open space shall be provided for outdoor activity consistent
with the needs of the patients or residents.
(4)
Planned shopping center.
(a)
The minimum site required for a planned shopping center shall
be five acres.
(b)
The site shall have frontage on and direct vehicular access
to a street classified in the Township Comprehensive Plan as an arterial
or collector.
(c)
Only the uses permitted by right or authorized as conditional
uses or uses by special exception in the district in which the planned
shopping center is located shall be permitted in the planned shopping
center.
(d)
Once the improvements are completed in an approved planned shopping
center, lots within an approved and recorded planned shopping center
may be sold and developed as independent entities for any use authorized
in the district.
(e)
All property lines around the perimeter of a planned shopping center which adjoin a residential zoning classification or residential use shall be screened by a buffer area required by § 240-85 of this chapter.
(f)
The site plan shall be designed to minimize points of access
to the public street. Shared driveways shall be utilized where feasible
and cross-easements dedicated for common areas where necessary.
(g)
The site shall be planned as a unit, and uniform signage, landscaping
and parking and loading areas shall be proposed to promote efficiency
and preserve a common design theme.
(5)
Construction of new single-family and multifamily dwellings on individual
parcels or lots of record created prior to November 1999 and where
such lot abuts commercial uses on two or more sides:
(a)
The lot coverage, setbacks and building height requirements
for construction of residential structures proposed in the commercial
districts under this category shall generally be the same as the requirements
for the same type of dwelling in the R-2 Residential District, but
shall be specifically defined on a case-by-case basis through the
conditional use procedure. Standards may increase significantly to
assure safeguards and to protect the general welfare of the subject
property and the neighborhood.
(b)
New residential construction in an existing commercial district
will not subject any existing or future commercial enterprise to additional
or increased landscaping buffers or barriers beyond the requirements
previously approved for that business.
(6)
Parking garage.
(a)
Parking garages, whether principal or accessory uses, shall
be treated as structures and shall be subject to all requirements
thereof.
(b)
A one-story shelter or guard building may be provided, which
shall not exceed 100 square feet in area.
(c)
Parking structures shall provide, along any street frontage,
pedestrian-related amenities such as sitting areas, planters and visually
interesting wall surfaces at the street level. Such amenities shall
be evaluated through site plan review.
(d)
The maximum grade of parking floors shall be 6%; the maximum
grade of covered ramps shall be 15%; the maximum grade of uncovered
ramps shall be 12%.
(e)
Design specifications for ingress/egress drives, access aisles
and parking spaces shall be the same as for a typical surface parking
lot.
(f)
Multilevel facilities shall provide one elevator for every 250
parking spaces.
(g)
A landscaping plan and location and number of ingress/egress
points shall be subject to approval of the Board of Supervisors.
(9)
Communications facilities, subject to the express standards and criteria stated § 240-55 of this chapter.
(10)
Self-storage facility.
(a)
The site shall have direct access to an arterial or collector
street as classified in the Comprehensive Plan.
(b)
All one-way driveways within the site shall have a minimum of
one ten-foot-wide parking lane plus one fifteen-foot-wide travel lane.
The parking lane shall not be required where the driveway does not
serve the storage units.
(c)
All two-way driveways within the site shall have a minimum of
one ten-foot-wide parking lane plus two twelve-foot-wide travel lanes.
The parking lane shall not be required where the driveway does not
serve storage units.
(d)
All driveways shall be paved with hot-mix asphalt or concrete
and be designed to support expected loads.
(e)
The perimeter of a site containing more than 12 units shall
be fenced with a minimum eight-foot fence with self-latching gate.
(f)
All property lines which adjoin residential use or zoning classification shall be screened by a buffer area required by § 240-85 of this chapter.
(g)
The minimum distance between storage buildings shall be 20 feet.
(h)
The maximum length of a storage building shall be 200 feet.
(i)
The maximum building height shall be 20 feet.
(j)
No storage shall be permitted outside an enclosed building,
except for boats, campers, RVs and trailers. These items are permitted
for outside storage so long as they are in a segregated secured fenced-in
area. The fence shall be eight feet in height and screened with decorative
landscaping.
(k)
Storage units shall not be equipped with water or sanitary sewers.
(l)
No business activity, other than rental of storage units, shall
be conducted within the site of a storage facility.
(m)
No hazardous materials or substances shall be stored in the
storage buildings.
(n)
Adequate fire protection shall be provided, subject to Fire
Department review.
(o)
Operations shall be designed and maintained so that nuisances
such as visual blight, glare, noise, blowing debris, and dust shall
not be created.
(p)
The site may include a dwelling unit for a resident manager
or watchman.
(q)
No signs shall be placed on the storage buildings or their rooftops.
(11)
Kennel.
(a)
Outdoor kennel as an accessory use to a veterinary clinic is subject to the conditions of § 240-23C(3)(b), (c) and (d) above.
(12)
Community residential facility.
(a)
The minimum lot size shall be one acre.
(b)
The minimum lot width shall be 150 feet.
(c)
The lot shall be serviced by a public water supply system and
a public sewer system.
(d)
A landscape buffer 15 feet in width shall be provided if the
use abuts an R-1 District or single-family or two-family use. The
buffer shall consist of a tree screen, consisting of 30% deciduous
and 70% evergreen trees, with individual trees to be at least six
feet in height at planting and spaced no more than 15 feet apart.
In addition, a shrubbery row of a nondeciduous species shall be planted,
with individual shrubs to be at least two feet in height at planting
and spaced no more than five feet apart.
(e)
All community residential facilities shall be sprinklered with
an approved sprinkler system through the main exit hallway, plus any
additional or increased safety requirements mandated by the regulating
agency. All such structures shall have a smoke detection system wired
or connected to a central alarm system and be automatically activated.
(f)
The applicant shall annually file with the Township the name
and office number of at least one person designated by the applicant
as the community representative for the facility.
D.
Special exceptions. Comparable uses which are not specifically listed.
(1)
Uses of the same general character as any use listed as permitted
by right or listed as a conditional use in the C-1 District shall
be allowed after determination of the Zoning Hearing Board that the
impact of the proposed use on the environment and adjacent properties
and streets is equal to or less than any use specifically listed in
the district. In making such determination, the Board shall consider
the following characteristics of the proposed use:
(2)
The proposed use shall comply with all applicable area and bulk regulations
of the zoning district in which it is located.
(3)
The proposed use shall comply with any applicable express standards
and criteria specified in this chapter for the most nearly comparable
conditional use or use by special exception specifically listed in
the zoning district in which it is proposed.
(4)
The proposed use shall be consistent with the statement of intent
for the zoning district in which it is proposed and shall be consistent
with the Land Use Plan Goals and Objectives of the Comprehensive Plan.
E.
Area and bulk regulations.*
(2)
Minimum lot width at front-yard setback: 100 feet.
(3)
Minimum front-yard setback: 45 feet.
(6)
Maximum building height: five stories or 65 feet.
(7)
Maximum building coverage: see maximum impervious surface coverage.
(8)
Maximum impervious surface coverage - includes building, parking,
sidewalks: 70%.
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*
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Use by right - single-family and multifamily:
| ||
|
•
|
Where subject lot of record existed in a residential zoning
classification prior to November 1999, apply area and bulk regulations
applicable for the zoning district that existed immediately prior
to the change to the current commercial zoning classification.
| ||
|
•
|
Where subject lot is newly created through subdivision from
a larger parcel, apply area and bulk regulations of R-2 District.
| ||
|
•
|
Where there exists an uncompleted subdivision or development
that now falls into a different zoning district, that subdivision
or development may continue to completion under the area and bulk
regulations applicable for the zoning district that existed immediately
prior to the change to the current zoning classification.
| ||
|
Conditional use - single-family and multifamily:
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|
•
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See § 240-28C(5)
| ||
A.
Specific intent. It is the purpose of this district to provide opportunities
for local shopping and services to meet the needs of the residents
of the Township on vacant sites at major intersections that are convenient
to residential areas.
B.
Uses by right.
(2)
Home occupation in dwelling.
(3)
Home office.
(4)
Townhouse and garden apartment.
(5)
Studios for the instruction of art, music, dance, martial arts, crafts.
(6)
Photography studio.
(7)
Bakery.
(8)
Bicycle shop.
(9)
Book or stationery store.
(10)
Card and gift shop.
(11)
Candy or ice cream shop.
(12)
Catering service, excluding rental hall.
(13)
Coin-operated laundry.
(14)
Convenience store.
(15)
Craft or hobby shop.
(16)
Day-care center.
(17)
Dry cleaning store.
(18)
Financial institutions.
(19)
Florist, excluding greenhouse.
(20)
Newsstand.
(21)
Personal services (barber, beautician, tailor).
(22)
Pharmacy.
(23)
Business and professional offices.
(24)
Eating establishments, including restaurants, lunch counter,
and delicatessen.
(25)
Specialty food store (excludes supermarket).
(26)
Sporting goods store.
(27)
Video rental.
(28)
Essential services.
C.
Conditional uses.
(1)
Car wash facilities. An automobile car wash facility does not include
an incidental washing facility in an automobile service station.
(a)
Vehicle accommodation for an automatic car wash shall consist
of seven stacking spaces per wash unit, plus one drying space, plus
one parking space per employee; a self-service car wash shall provide
three stacking spaces per wash unit plus two drying spaces per unit,
plus one parking space per employee. A washing stall does not count
as a stacking space.
(b)
Separated means of ingress and egress from the site shall be
established and clearly marked. Traffic studies and associated improvements
may be required by the Township as conditions of approval.
(2)
Automobile gasoline and service station.
(a)
The dominant use shall be for the purpose of selling gasoline,
oil and emergency accessories, conducting operations as allowed by
the definition of "automobile gasoline and service station," and shall
exclude vehicle sales and rentals, outdoor storage of disabled vehicles
for repair parts, and any other outdoor storage.
(b)
The use shall not be permitted closer than 200 feet to the property
line of any tract that is either used or intended to be used for a
public or quasi-public building or use.
(c)
All repair work, dismantling, and washing and waxing shall be
conducted in an enclosed building.
(d)
No vehicle that fits the definition of "junked vehicle" or "abandoned
vehicle," as defined by the Township Code, shall be parked outside
the building.
(e)
Any business engaged in towing service shall dispose of any
vehicles that fit the definition of "junked vehicle" or "abandoned
vehicle," as defined by the Township Code, within 48 hours, unless
they are stored inside a building.
(f)
No aboveground equipment for the service of motor vehicles,
including gasoline pumps, shall be located closer than 30 feet to
any property line.
(g)
No permanent stand, rack or other apparatus may be placed so
as to project beyond any building line.
(3)
Veterinary clinic.
(a)
All operations shall be conducted within completely enclosed
buildings located no closer than 100 feet to the property line of
a residential use or zoning district.
(b)
A single, attached dwelling unit may be located on the same
property as the clinic for the exclusive use of the attendant veterinarian
or assistant.
(4)
Construction of new single-family and multifamily dwellings.
(a)
See conditional uses, C-1 District, § 240-28C(5)(a).
D.
Special exceptions. Comparable uses which are not specifically listed.
(1)
Uses of the same general character as any use listed as permitted
by right or listed as a conditional use in the C-2 District shall
be allowed after determination of the Zoning Hearing Board that the
impact of the proposed use on the environment and adjacent properties
and streets is equal to or less than any use specifically listed in
the district. In making such determination, the Board shall consider
the following characteristics of the proposed use:
(2)
The proposed use shall comply with all applicable area and bulk regulations
of the zoning district in which it is located.
(3)
The proposed use shall comply with any applicable express standards
and criteria specified in this chapter for the most nearly comparable
conditional use or use by special exception specifically listed in
the zoning district in which it is proposed.
(4)
The proposed use shall be consistent with the statement of intent
for the zoning district in which it is proposed and shall be consistent
with the Land Use Plan Goals and Objectives of the Comprehensive Plan.
E.
Area and bulk regulations.
(2)
Minimum lot width at front-yard setback: 90 feet.
(3)
Minimum front-yard setback: 30 feet.
(6)
Maximum building height: three stories or 40 feet.
(7)
Maximum building coverage: see maximum impervious surface coverage.
(8)
Maximum impervious surface coverage - includes building, parking
and sidewalks: 70%.
A.
Uses by right.
(2)
Home occupation in dwelling.
(3)
Home office.
(4)
Single-family dwelling.
(5)
Two-family dwelling.
(6)
Townhouse and garden apartment.
(7)
Art, music, or photography studio.
(8)
Bakery.
(9)
Bicycle shop.
(10)
Book or stationery store.
(11)
Card and gift shop.
(12)
Candy or ice cream shop.
(13)
Catering service.
(14)
Coin-operated laundry.
(15)
Convenience store (not exceeding 3,500 square feet).
(16)
Craft or hobby shop.
(17)
Day-care center.
(18)
Dry cleaning store.
(19)
Financial institutions.
(20)
Florist, excluding greenhouse.
(21)
Newsstand.
(22)
Personal services (barber, beautician, tailor).
(23)
Pharmacy (not exceeding 3,500 square feet).
(24)
Business and professional offices.
(25)
Eating establishment, including restaurant, lunch counter, and
delicatessen.
(26)
Specialty food store (excludes supermarket).
(27)
Sporting goods store.
(28)
Video rental.
(29)
Community center.
(30)
Club, lodge, or fraternal organization.
(31)
Fire station, including social hall.
(32)
Funeral home, not including crematorium.
(33)
Post office.
(34)
Tavern.
(35)
Essential services.
B.
Conditional uses.
(1)
Car wash facilities. An automobile car wash facility does not include an incidental one-bay washing facility in an automobile service station. As specified in § 240-29C(1) of this article.
(2)
Automobile gasoline and service station. As specified in § 240-29C(2) of this article.
(3)
Houses of worship. As specified in § 240-23B(3) of this article.
(4)
Community residential home. As specified in § 240-24B(3) of this article, except minimum lot size shall be 1/2 acre and minimum lot frontage shall be 100 feet.
C.
Special exceptions.
(1)
Comparable uses not specifically listed.
(a)
Uses of the same general character as any use listed as permitted
by right or listed as a conditional use in the C-3 District shall
be allowed after determination of the Zoning Hearing Board that the
impact of the proposed use on the environment and adjacent properties
and streets is equal to or less than any use specifically listed in
the district. In making such determination, the Board shall consider
the following characteristics of the proposed use:
(b)
The proposed use shall comply with all applicable area and bulk
regulations of the zoning district in which it is located.
(c)
The proposed use shall comply with any applicable express standards
and criteria specified in this chapter for the most nearly comparable
conditional use or use by special exception specifically listed in
the zoning district in which it is proposed.
(d)
The proposed use shall be consistent with the statement of intent
for the zoning district in which it is proposed and shall be consistent
with the Land Use Plan Goals and Objectives of the Comprehensive Plan.
(2)
Apartment above business.
(a)
Dwelling units shall not be permitted on the street floor of
a mixed-use building.
(b)
Mixed commercial and residential uses shall not be permitted
on the same floor of a building.
(d)
In addition to the area required for parking, there shall be
a minimum of 500 square feet of usable yard area per dwelling unit
for outdoor activities of the residents.
(3)
Automotive repair garage.
(a)
The use shall not be permitted closer than 200 feet to the property
line of any tract that is either used or intended to be used for a
public or quasi-public building or use.
(b)
All repair work and dismantling shall be conducted in an enclosed
building.
(c)
No vehicle that fits the definition of "junked vehicle" or "abandoned
vehicle," as defined by the Township Code, shall be parked outside
the building.
(d)
Any business engaged in towing service shall dispose of any
vehicles that fit the definition of "junked vehicle" or "abandoned
vehicle," as defined by the Township Code, within 48 hours, unless
they are stored inside a building.
(e)
No aboveground equipment for the service of motor vehicles shall
be located closer than 30 feet to any property line. No permanent
stand, rack or other apparatus may be placed so as to project beyond
any building line.
D.
Area and bulk regulations.
(2)
Minimum lot width at front-yard setback: 50 feet.
(3)
Minimum front-yard setback: 25 feet.
(4)
Minimum side-yard setback: 10 feet.
(5)
Minimum rear-yard setback: 30 feet.
(6)
Maximum building height: three stories or 40 feet.
(7)
Maximum building size: 13,500 gross square feet.
(8)
Maximum building coverage: see maximum impervious surface coverage.
(9)
Maximum impervious surface coverage - includes building, parking,
and sidewalks: 70%.
In addition to the general goals listed in Article I of this chapter and in the Land Use Plan Goals and Objectives of the Comprehensive Plan, the districts established in this chapter are intended to achieve the following:
A.
To provide sufficient space, in appropriate locations, to meet the
anticipated future needs for industrial activity with due allowance
for the needs of a range in choice of sites.
B.
To ensure that the land most suited for industrial and related activities
will be available by prohibiting the use of such land for new residential
development and, at the same time, to protect residences by separating
them from such activities.
C.
To protect industry against congestion by limiting the bulk of buildings
in relation to the land around them and to one another and by providing
sufficient off-street parking and loading facilities for such developments.
D.
To promote the most desirable use of land and direction of building
development in accordance with the Comprehensive Plan; to promote
stable industry; to strengthen the economic base; to protect the character
of particular industrial areas and their suitability to particular
uses; to preserve the value of land and buildings; and to protect
local tax revenues.
E.
To encourage the development of industrial parks through the provisions
of suitable regulations whereby a number of businesses may locate
in a landscaped tract.
A.
Specific intent. In addition to the goals listed in § 240-31 above, it is the purpose of this district to allow lot-by-lot industrial development, as well as to encourage planned industrial development as industrial parks, in which the area and bulk regulations permit increased flexibility in development of industrial tracts, thus assuring increased compatibility between similar uses. Any lot originally included in a recorded plat of a planned industrial development (industrial park) shall be subject to the area and bulk requirements included in Subsection F below, even upon resale of individual lots within the park to different parties. Lot-by-lot area and bulk requirements (Subsection E below) apply only to industrial parcels not included in a plat of an industrial park and do not apply at any time to individual lots within a platted industrial park. It is the intent of this section that any acreage added to an industrial park lot through subdivision is to be considered a part of that industrial park lot and not a lot-by-lot industrial parcel for purposes of administration of development standards. To ensure location of uses that are free from offensive noise, vibration, smoke, odors, glare, hazards of fire or other objectionable effects, performance standards are set forth to govern such uses.
B.
Uses by right.
(1)
Assembly and packaging of finished goods.
(2)
Automotive repair garage.
(3)
Contractor's office and yard.
(4)
Distribution business (not including truck terminal).
(5)
Laboratory.
(6)
Manufacturing of furniture, medical equipment, musical instruments,
and scientific instruments.
(7)
Manufacture, compounding, processing or treatment of such products
as: bakery goods, confections, cosmetics, dairy products, drugs, perfumes,
pharmaceuticals and toiletries.
(8)
Manufacture, compounding, assembling or treatment of articles of
merchandise from the following previously prepared materials: bone,
concrete products, cellophane, canvas, hair, horn, leather, paper
and paper board, plastic, precious or semiprecious metals or stones,
marble, metals, shell, straw, textiles, wood, yarn or paint.
(9)
Printing service.
(10)
Research activity.
(11)
Warehousing, indoor storage.
(12)
Wholesale trade, indoor.
(13)
Business and professional office.
(14)
Essential service.
(16)
Accessory uses, including restaurant or cafeteria facilities
for employees only; outdoor private swimming pools and tennis courts;
antenna and satellite dishes; and accessory buildings.
C.
Conditional uses. The following conditional uses shall meet the common
conditions of providing ingress, egress and internal traffic circulation
designed to ensure safety, minimize congestion, and provide access
for emergency vehicles, in addition to meeting conditions included
in any section referenced after the named use.
(1)
Truck terminal.
(2)
Greenhouse.
(3)
Bus or railway station.
(4)
Correctional institution.
(5)
Government office.
(6)
Club, fraternal organization, or lodge.
(7)
Houses of worship, subject to § 240-23B(3) of this article.
(8)
Indoor recreational facility.
(9)
Machinery repair.
(10)
Library.
(11)
Museum.
(12)
Parking garage, subject to § 240-28C(6) of this article.
(13)
Communications facility, subject to the express standards and criteria stated in § 240-55 of this chapter.
(14)
Adult business, subject to the express standards and criteria stated in § 240-56 of this chapter.
(15)
All uses by right in commercial districts, except any residential
use.
D.
Special exceptions. Comparable uses which are not specifically listed.
(1)
Uses of the same general character as any use listed as permitted
by right or listed as a conditional use in the I-1 District shall
be allowed after determination of the Zoning Hearing Board that the
impact of the proposed use on the environment and adjacent properties
and streets is equal to or less than any use specifically listed in
the district. In making such determination, the Board shall consider
the following characteristics of the proposed use:
(2)
The proposed use shall comply with all applicable area and bulk regulations
of the zoning district in which it is located.
(3)
The proposed use shall comply with any applicable express standards
and criteria specified in this chapter for the most nearly comparable
conditional use or use by special exception specifically listed in
the zoning district in which it is proposed.
(4)
The proposed use shall be consistent with the statement of intent
for the zoning district in which it is proposed and shall be consistent
with the Land Use Plan Goals and Objectives of the Comprehensive Plan.
E.
Area and bulk regulations for lot-by-lot development.
(2)
Minimum lot width at front-yard setback: 150 feet.
(3)
Minimum front-yard setback: 45 feet.
(6)
Maximum building height: 52 feet.
(7)
Maximum building coverage: see maximum impervious surface coverage.
(8)
Maximum impervious surface coverage - includes building, parking
and sidewalks: 70%.
F.
Area and bulk regulations for planned industrial development.
|
Minimum site and lot size
| ||||
|
Site area:
|
10 acres
| |||
|
Individual lot within site
| ||||
|
With public sewer
|
65,340 square feet
| |||
|
Without public sewer
|
87,120 square feet
| |||
|
Minimum lot width at front-yard setback**
|
150 feet
| |||
|
Minimum front-yard setback
|
45 feet
| |||
|
Minimum side-yard setback
| ||||
|
Adjoining residential district or use
|
150 feet
| |||
|
Adjoining all other
|
25 feet
| |||
|
Minimum rear-yard setback
| ||||
|
Adjoining residential district or use
|
150 feet
| |||
|
Adjoining all other
|
40 feet
| |||
|
Maximum building height
|
52 feet
| |||
|
Minimum building separation
|
50 feet
| |||
|
Maximum building coverage
|
see maximum impervious surface coverage
| |||
|
Maximum impervious surface coverage - includes building, parking
and sidewalks
|
70%
| |||
|
**
|
In a planned industrial development, the developer may create
multiple parcels of a minimum of 50 feet each at the front-yard setback,
with the provision that a minimum of three parcels must be combined
for each industrial site or lot created for sale or development. Multiple
parcels at a minimum of three shall be combined together by deed declaration
and description, with no further Township process being required to
combine multiple parcels. A notation must be placed on the recorded
plan describing the minimum number of parcels to be combined to comply
with the intent of this provision to ensure a minimum of one-hundred-fifty-foot
width at building front-yard setback per each lot sold or developed.
Site plan application shall reflect the combination as proposed or
recorded.
|
A.
Statement of intent. In addition to the goals listed in Article I of this chapter and in the Land Use Plan Goals and Objectives of the Comprehensive Plan, it is the purpose of this district to provide industrial locations for plants which require large operational areas and which are normally undesirable adjacent to residential and commercial uses. Heavy industrial uses may also have extensive open storage and service areas and may generate heavy industrial-type traffic, requiring easy access to major thoroughfares.
B.
Uses by right.
(1)
Assembly and packaging of finished goods.
(2)
Beverage bottling.
(3)
Business and professional office.
(4)
Contractor's office and yard.
(5)
Distribution business.
(6)
Truck terminal.
(7)
Bus or railway station.
(8)
Food production, except for canning factories and animal processing.
(9)
Laboratory.
(10)
Machinery repair.
(11)
Manufacturing of furniture, medical equipment, musical instruments,
or scientific instruments.
(12)
Printing service.
(13)
Warehousing, with indoor or outdoor storage.
(14)
Wholesale trade, indoor and outdoor.
(15)
Manufacture of machinery, chemicals and chemical products, rubber
and plastic products, stone, clay and glass products, primary metal
products, and fabricated metal products.
(16)
Essential service.
(18)
Accessory uses, including restaurant or cafeteria facilities
for employees only, outdoor private swimming pools and tennis courts,
antenna and satellite dishes, and accessory buildings.
C.
Conditional uses.
(1)
On-site retail sales.
(a)
Sales shall be conducted in only one enclosed building on the
site of the industrial use.
(b)
No more than 15% of the total floor area of an industrial building
or 5,000 square feet, whichever is less, shall be devoted to such
sales.
(c)
Additional parking shall be required in accordance with the
standard of one space for each 150 square feet of floor area devoted
to retail sales.
(2)
Junk or salvage yards.
(a)
An annual license fee in the amount of $200 shall be paid, not
later than January 31 of each year, by owners or operators of junk
or salvage yards for purposes of inspection and regulation of the
use by the Township.
(b)
The tract or lot shall be protected with an opaque fence at
least eight feet in height along the entire perimeter.
(c)
Evergreen trees shall be planted and maintained not in excess
of 12 feet apart on the outside of the required perimeter fence.
(d)
The minimum front setback line(s) shall be 100 feet; all other
setback lines shall be 60 feet.
(e)
No operations shall be permitted on Sundays or between the hours
of 9:00 p.m. and 7:00 a.m. on any day of operation.
(f)
No burning shall be permitted.
(g)
No junked or abandoned vehicle shall be dismantled or destroyed
except after a period of 48 hours from the time of delivery to the
yard.
(h)
All records and books pertaining to registration and delivery
of vehicles shall be open to inspection by the Zoning Officer or Township
police.
(i)
No garbage, organic waste, petroleum products, or hazardous
waste shall be stored, buried or disposed of on the site.
(j)
Stored material must be arranged and maintained with aisles
of a minimum width of 25 between rows in order to facilitate access
for firefighting equipment and to prevent the accumulation of stagnant
water. The proposed layout of the yard must be indicated on the site
plan submitted as part of the application.
(3)
Communications facilities, subject to the express standards and criteria stated in § 240-55 of this chapter.
(4)
Adult businesses, subject to the express standards and criteria stated in § 240-56 of this chapter.
(5)
All uses by right in I-1 and C-1 Districts, except any residential
uses.
(6)
Natural gas processing plants.
D.
Special exceptions.
(1)
Comparable uses which are not specifically listed.
(a)
Uses of the same general character as any use listed as permitted
by right or listed as a conditional use in the I-2 District shall
be allowed after determination of the Zoning Hearing Board that the
impact of the proposed use on the environment and adjacent properties
and streets is equal to or less than any use specifically listed in
the district. In making such determination, the Board shall consider
the following characteristics of the proposed use:
(b)
The proposed use shall comply with all applicable area and bulk
regulations of the zoning district in which it is located.
(c)
The proposed use shall comply with any applicable express standards
and criteria specified in this chapter for the most nearly comparable
conditional use or use by special exception specifically listed in
the zoning district in which it is proposed.
(d)
The proposed use shall be consistent with the statement of intent
for the zoning district in which it is proposed and shall be consistent
with the Land Use Plan Goals and Objectives of the Comprehensive Plan.
(2)
Transportation, storage, treatment or disposal of hazardous waste
(treatment of hazardous waste shall not refer to treatment of domestic
sanitary sewage through permits issued by the Pennsylvania Department
of Environmental Protection).
(3)
Statement of intent. The Board of Supervisors recognize that the
rules, regulations and guidelines of PADEP, the EPA and other state
and federal regulatory agencies are not foolproof and accidentproof.
Therefore, due to the fact that an accidental spill, leak or escape
of a hazardous waste material, or any other dangerous or noxious material,
can occur even from a business properly following all state and federal
regulations (such as happened on November 22, 1999, at Weavertown
Environmental on Route 50 in Cecil, Pennsylvania), it is the intent
of the Board of Supervisors to further protect the surrounding residents,
to augment and supplement state and federal regulations and guidelines,
concerning the storage, treatment and disposal of hazardous waste
according to the following:
(a)
The applicant shall present evidence of valid licenses and/or
permits from the Pennsylvania Department of Environmental Protection
(DEP) for the proposed transportation, storage, treatment or disposal
of hazardous waste.
(b)
Valid licenses and/or permits from DEP shall be maintained continuously
throughout the operation of any transportation, storage, treatment
or disposal of hazardous waste. Any suspension or revocation of the
valid licenses or permits shall result in revocation of Township zoning
approval and shall represent a violation of this chapter, subject
to penalty provisions herein.
(c)
The applicant shall demonstrate that the proposed transportation,
storage, treatment or disposal of hazardous waste shall not adversely
affect any lawful existing permitted uses of adjacent property or
any stream or groundwater supply.
(d)
The applicant shall show the proposed routes of all trucks to
be utilized for hauling, if any; the estimated weight of the trucks;
and the types of hazardous waste to be hauled in those trucks. The
applicant shall comply with all weight limits on Township roads and
shall design hauling routes to minimize impact on local roads.
(e)
The applicant shall post a bond in an amount determined by the
Township Public Works Director to guarantee restoration of Township
roads used for hauling, if any, and to guarantee compensation of Township
employees and/or emergency medical and fire services for cleanup or
abatement of any hazardous waste spilled or otherwise deposited on
roads or properties within limits of the Township. Any person who
intentionally, accidentally or negligently causes any such spill or
deposit shall be liable for all costs incurred by the Township, including
but not limited to: traffic control, evacuation, relocation, substance
monitoring, establishment of medical care facilities, and repair or
restoration of Township roads. The applicant shall certify that a
general liability insurance policy in an amount determined by the
Township to cover these potential costs either is or shall be in effect
during the operation.
(f)
Storage areas shall be located inside an enclosed building.
The enclosed building shall be constructed of brick or concrete block
and shall contain protective separations between different types of
hazardous wastes stored and between the storage area and areas devoted
to other activities in the building. The hazardous waste storage areas
shall be visibly posted with warning notices and shall be adequately
secured at all times to protect public safety.
(g)
All storage containers shall be clearly marked as to the contents,
and instructions shall be provided for safe handling and emergency
handling, posted at the site, and supplied to and made available to
all emergency services providers.
(h)
The minimum site required for storage of hazardous waste when
it is the principal use on a site shall be 50 acres. The minimum site
required for storage of hazardous waste as an accessory use to another
principal use on a site shall be five acres.
(i)
Minimum sites required for treatment and disposal sites:
[1]
The minimum site required for treatment and/or disposal sites
that do not emit or release or do not have the potential to emit or
release any airborne gases, vapors or particulates shall be 100 acres.
Such treatment and disposal facilities shall not be located within
one mile of any airport, school, community park, hospital, nursing
home, church, retail center or any residential dwelling. Such treatment
and disposal facilities shall not be located within 500 feet of any
property line.
[2]
The minimum site required for treatment and/or disposal sites
which do emit or do have the potential to emit any hazardous or potentially
hazardous or noxious gases, vapors or particulates, either directly
or indirectly, into the air shall be 500 acres. Such treatment and
disposal facilities shall not be located within 1 1/4 miles of
any airport, community park, church or retail center. Such treatment
and disposal facilities shall not be located within 1 1/2 miles
of any school, hospital, nursing home or any residential dwelling.
Treatment and disposal facilities shall not be located within 1,000
feet of any property line.
(j)
Storage sites, other than those which include treatment or disposal,
shall not be permitted within 600 feet of any residence or within
1/4 mile of any church, school, hospital, nursing home, public building,
historic structure or municipal park.
(k)
Treatment and/or disposal sites shall be adequately secured
and shall be visibly posted to protect the public safety. Treatment
and/or disposal areas shall be located not closer than 200 feet to
any property line and shall be adequately screened by an opaque fence
or earthen mound at least eight feet in height or landscaped with
a dense, compact, year-round vegetative screen which attains a height
of at least eight feet within three years of planting.
(l)
Any change or expansion of the activity on a site which includes
transportation, storage, treatment or disposal of hazardous waste,
which is not authorized by the original special exception approval,
shall require the submission of a new application for special exception
for the changed or expanded activity.
(m)
The application for use by special exception shall include written
and graphic materials containing the following information:
[1]
A boundary and topographic survey of the property;
[2]
The location of all existing and proposed structures on the
site;
[3]
The proposed location of the hazardous waste storage area on
the site;
[4]
A planimetric map of all physical features within a one-quarter-mile
radius of the proposed storage area on the site;
[5]
If a treatment and disposal facility is proposed, a planimetric
map of all physical features within a one-mile radius of the proposed
treatment and disposal facility on the site;
[6]
The names and addresses of all property owners within 500 feet
of the property boundaries of the site;
[7]
The location of all access and haulage roads and their intersection
with all existing public roads;
[8]
A statement from a registered professional engineer certifying
that the proposed storage, treatment or disposal of hazardous waste
shall not have a deleterious effect on adjacent land uses, surface
water, groundwater or floodplains;
[9]
A copy of all applicable DEP licenses and/or permits;
[10]
The amount and type of performance bond to be
posted and the amount and type of liability insurance required in
accordance with the requirements of DEP licenses or permits;
[11]
The duration of the proposed transportation, storage,
treatment or disposal activity;
[12]
The type and amount of hazardous waste to be stored,
the proposed method of storage, and the proposed method of treatment
or disposal of hazardous waste at the site.
(n)
The applicant shall present evidence from a registered professional
engineer or other qualified expert whose credentials are acceptable
to the Township to document compliance with these express standards
and criteria.
E.
Area and bulk regulations.
|
Minimum lot size
|
2 acres
| ||
|
Minimum lot width at front-yard setback**
|
250 feet
| ||
|
Minimum front-yard setback
|
50 feet
| ||
|
Minimum side-yard setback
| |||
|
Adjoining residential district or use
|
200 feet
| ||
|
Adjoining all other
|
75 feet
| ||
|
Minimum rear-yard setback
| |||
|
Adjoining residential district or use
|
200 feet
| ||
|
Adjoining all other
|
75 feet
| ||
|
Maximum building height
|
60 feet
| ||
|
Maximum lot coverage
|
see maximum impervious surface coverage
| ||
|
Maximum impervious surface coverage - includes building, parking
and sidewalks
|
70%
| ||
|
**
|
In a planned industrial development, the developer may create
multiple parcels of a minimum of 50 feet each at the front-yard setback,
with the provision that a minimum of five parcels must be combined
for each industrial site or lot created for sale or development. Multiple
parcels at a minimum of five shall be combined together by deed declaration
and description, with no further Township process being required to
combine multiple parcels. A notation must be placed on the recorded
plan describing the minimum number of parcels to be combined to comply
with the intent of this provision to ensure a minimum of a two-hundred-fifty-foot
width at building front-yard setback per each lot sold or developed.
Site plan application shall reflect the combination as proposed or
recorded.
|
A.
Statement of intent. In addition to the goals listed in Article I of this chapter and in the Land Use Plan Goals and Objectives of the Comprehensive Plan, the districts established by this chapter are intended to achieve the following:
(1)
To allow flexibility in design and in the application of zoning regulations
to encourage the economic development of a special district where
the creation of a coordinated living and working environment can be
accomplished.
(2)
To provide incentives for the public and private investment in the
coordinated and orderly development of large sites with special development
characteristics in areas with high growth potential for the purpose
of regional economic development and the creation of regional employment.
(3)
To respond to the demand for a special district which can accommodate
a variety of uses in an area adjacent to a proposed federal highway
interchange.
(4)
To provide a procedure which can respond to changes in market conditions
and availability of financing to support residential, commercial and
industrial economic development in a special district, and which complements
county and commonwealth redevelopment controls in effect for development
of a special district.
B.
Approval procedure. The establishment of an SD District shall follow
approval of an illustrative site plan by conditional use hearing before
the Board of Supervisors, followed by submission of a subdivision
plan or plans as required in this article. An illustrative site plan
indicates the proposed land use category (residential, commercial
or industrial) designated for each lot or parcel within the entire
tract proposed as the SD District. In addition, the illustrative site
plan may also indicate the specific use by right (professional office,
research laboratory, etc.) proposed for each lot or parcel. The Board
of Supervisors may authorize one or more of the following land use
categories on a lot or parcel, upon review by the Planning Commission,
residential land use category, commercial land use category, and industrial
land use category.
C.
Standards for conditional use approval of an illustrative site plan.
(1)
The minimum tract for which an illustrative site plan shall be submitted
shall be 500 acres. An existing SD District may, however, after gaining
approval for rezoning, incorporate additional land into the district,
provided that at least 25% of the perimeter property boundary of the
proposed added land is coincident with the boundary of the SD District.
Additionally the minimum tract of land for any residential development
within an SD District shall not be less than 30 acres.
(2)
The illustrative site plan shall include a written description of
the various proposed uses for each lot or parcel, when known. When
not known at time of submission, the proposed land use category of
each lot or parcel shall be indicated on the plan. The plan shall
also show the proposed layout of the street network within the tract
and its connection(s) with existing streets.
(3)
The illustrative site plan shall be accompanied by evidence that
the tract can be serviced by public water and sewer systems or by
public water and a community sewage treatment system, subject to approval
by the Pennsylvania Department of Environmental Protection (DEP).
(4)
The tract shall have frontage on an arterial street, as defined by
the Comprehensive Plan, or shall have direct access to such street
within a distance of 500 feet of a principal entrance to the site.
(5)
The tract shall be subject to the redevelopment laws of the commonwealth.
(6)
The Board of Supervisors shall hold a public hearing on the illustrative
site plan to assess the compatibility of the land uses proposed in
the plan, to determine the need for reasonable and appropriate conditions
and safeguards to protect the public health, safety and welfare, and
to implement the purposes of this chapter.
(7)
The Board of Supervisors shall determine whether the design of the
proposed major street network shall provide safe and efficient flow
of traffic through the site, prevent congestion, accommodate peak
traffic demands without hazard or great delay, and provide accessibility
for emergency vehicles.
D.
Procedure for review after conditional use approval of an illustrative
site plan.
(1)
Following the grant of conditional use approval for the illustrative site plan for the tract, the applicant shall present a subdivision plan in accordance with the requirements of this chapter. The subdivision plan may propose recording of the entire tract area or a portion thereof, provided that no subdivision shall be less than the required area for the land use approved on the illustrative site plan and specified in Subsection G. The land use category approved for each lot or parcel through illustrative site plan procedures shall be shown within the property boundaries of each lot or parcel.
(2)
The Board of Supervisors shall consider whether the existing physical
characteristics of the subdivision plan, such as topography, vegetation
and natural waterways, or proposed man-made features, such as streets,
will create adequate buffers between adjoining areas proposed for
residential and nonresidential land use categories. The Board shall
also consider the compatibility of the proposed land use categories
within the subdivision plan with existing uses of property outside
the SD District that adjoin its boundaries.
(3)
After subdivision approval, the development of each lot or parcel shall require submission of an individual site plan reflecting the area and bulk regulations of § 240-34H of this article for the applicable land use category, the requirements of § 240-15, Site plan review, and § 240-13H, Additional criteria for a traditional neighborhood design in an SD (Special Development District).
E.
Variations between illustrative site plan and subdivision plan. Minor
variations between the illustrative site plan and any subdivision
plan, such as preliminary locations of buildings on individual sites
when shown on the illustrative site plan, shall not require reapproval
of the illustrative site plan through conditional use procedures.
However, major variations between the illustrative site plan and any
subdivision plan, such as changes in the layout of the major street
network and/or principal points of ingress or egress, shall require
resubmission of a conditional use application for illustrative site
plan approval. The Township shall classify variations as either "major"
or "minor." Resubdivision of an original illustrative site plan lot
shall not require a new conditional use hearing but shall require
delivery to the Township, along with the recorded plan for the resubdivided
lot, of an updated illustrative site plan showing the resubdivided
lot.
F.
Effect of proposed change of land use category or land use for individual
lots.
[Amended 5-2-2016 by Ord. No. 1-2016; 9-6-2016 by Ord. No. 11-2016]
(1)
Vacant lots or parcels:
(a)
Any proposed change in the land use category of a vacant lot
or parcel in a recorded plan of subdivision in an approved illustrative
site plan shall be addressed as follows:
[1]
Upon receipt of a petition submitted by the applicant and signed
by 51% of the adjacent property owners of developed lots or parcels,
within and outside the SD District proposing an change in the land
use category and/or land use, the Board of Supervisors shall hold
a public hearing to evaluate the compatibility of the proposed change
in land use category, and further, to determine the need for reasonable
and appropriate conditions and safeguards to protect the public health,
safety, and welfare of adjacent properties within and outside the
SD development tract; or
(2)
Developed lots or parcels.
(a)
Any proposed change in the land use category or land use of
a developed lot or parcel in a recorded plan of subdivision shall
be addressed as follows:
[1]
The applicant shall submit an application form proposing a revision
to the illustrative site plan. The applicant may use the Township's
conditional use application form.
[2]
The Board of Supervisors shall consider the following factors
in evaluating such an application:
[a]
If the proposed land use category is a more restrictive
land use category, the Board shall evaluate the request pursuant to
the conditional use factors set forth in this chapter.
[d]
Changes to a more restrictive land use do not require
the submission of an application or approval of the Board of Supervisors.
[e]
These additional standards may be waived by the
Board of Supervisors, in their sole discretion, if the applicant submits
a petition signed by 100% of the adjacent property owners, within
and outside the SD District, consenting to the proposed change in
the land use category and/or land use. The petition must include as
an attachment a copy of the revised illustrative site plan and a description
of the proposed change which must presented to and explained to the
adjacent landowner. Any adjacent landowner may revoke their consent
at any time.
[3]
The Board of Supervisors is not obligated to permit a change
in land use category or land use.
[4]
If approval is granted, the applicant must submit a revised
subdivision plan showing the new land use category for approval and
recording.
(3)
Definitions.
(a)
For purposes of this § 240-34, the following terms shall have the following meanings:
[1]
The term "developed" shall include any development or improvement of a lot or parcel, as defined in § 240-8, and shall also include any parcel or lot on which a use by right, conditional use, special exception use identified in § 234-G(1) through (7) exists or any step has been taken to bring such use into existence.
[2]
The term "vacant" shall include undeveloped land, as defined in § 240-8, and any parcel or lot on which no use by right, conditional use, special exception use identified in § 234-G(1) through (7) exists and no steps have been taken to bring such use into existence.
[3]
The term "more restrictive land use category" shall mean a land
use category which is considered milder in terms of effects and impacts
on adjacent and neighboring properties. The residential land use category
shall be deemed a more restrictive land use category than the commercial
land use category which, in turn, is a more restrictive land use category
than the industrial land use category.
[4]
The term "more restrictive land use" shall mean "more restrictive use" as defined in § 240-8.
[a]
For residential land uses, more restrictive land
uses shall be in the following order, with the first use being the
most restrictive and less severe:
[i]
Community or private membership outdoor recreational
facilities;
[b]
For commercial land uses, all "uses by right, residential land use category," "conditional uses, residential land use category," (upon receiving conditional use approval) and "special exception, residential land use category" (upon receiving special exception approval) set forth in § 240-34G shall be deemed the same severity in terms of effects and impacts on adjacent and neighboring properties.
[c]
For industrial land uses, all "uses by right, residential land use category," "conditional uses, residential land use category," (upon receiving conditional use approval) and "special exception, residential land use category" (upon receiving special exception approval) set forth in § 240-34G shall be deemed the same severity in terms of effects and impacts on adjacent and neighboring properties.
G.
Land use regulations and development standards. Once the approval has been granted to an illustrative site plan which assigns land use categories to each lot or parcel within the SD district, and following recording of a subdivision plat or plats, the uses indicated below in the respective land use categories shall be permitted, subject to the individual site plan approval as required by § 240-15 of this chapter and subject to the restrictions set forth in § 240-34F of this chapter.
[Amended 5-2-2016 by Ord. No. 1-2016; 9-6-2016 by Ord. No. 11-2016]
(1)
Uses by right, residential land use category.
(a)
Single-family detached, attached and semidetached dwelling.
(b)
Two-family dwelling.
(c)
Multifamily dwelling.
(e)
Home office.
(f)
Essential service.
(g)
Community or private membership outdoor recreational facilities,
including, but not limited to, parks, swimming pools, tennis courts
and clubs, country clubs, golf courses and clubs, and the like.
(2)
Uses by right, commercial land use category.
|
Farm, subject to § 240-53, Agricultural regulations
| |
|
Apparel and clothing accessories store
| |
|
Furniture, home furnishings, hardware, and household appliance
store
| |
|
Bakery
| |
|
Specialty food store (excluding supermarket)
| |
|
Eating establishment, including restaurant, lunch counter, and
delicatessen
| |
|
Drinking establishment
| |
|
Pharmacy
| |
|
Convenience store
| |
|
Gift shop, including camera, book, stationery, antique, musical
supplies, cosmetics, candy, tobacco, flower, hobby, jewelry, leather
and luggage shop
| |
|
General merchandise store
| |
|
Business and professional office
| |
|
Research and development, and high technology business
| |
|
Business service
| |
|
Personal service
| |
|
Essential service
| |
|
Public building, excluding sanitarium and correctional institution
| |
|
Club, lodge or fraternal organization
| |
|
Indoor recreational facility
| |
|
Indoor theater
| |
|
Art, music or photography studio
| |
|
Library
| |
|
Museum
| |
|
Motel or hotel
| |
|
Video rental
| |
|
Nursing home, hospital, clinic and diagnostic center
| |
|
Day-care center, subject to § 240-23B(2) of this chapter
| |
|
Accessory uses, including restaurant or cafeteria facilities
for employees only, outdoor private swimming pools and tennis courts,
antenna and satellite dishes, and accessory buildings
| |
|
Distributed antenna systems (DAS) and data collection units (DCU) in the public right-of-way, subject to the express standards and criteria set forth in § 240-59.1 of this chapter.
[Added 6-6-2016 by Ord. No. 3-2016] |
(3)
Uses by right, industrial land use category.
(a)
Assembly and packaging of finished goods.
(b)
Contractor's office (not including contractor's yard).
(c)
Distribution business (not including truck terminal).
(d)
Laboratory.
(e)
Manufacturing of furniture, medical equipment, musical instruments,
and scientific instruments.
(f)
Manufacture, compounding, processing or treatment of such products
as bakery goods, confections, cosmetics, dairy products, drugs, perfumes,
pharmaceuticals and toiletries.
(g)
Manufacture, compounding, assembling or treatment of articles
of merchandise from the following previously prepared materials: bone,
concrete products, cellophane, canvas, hair, horn, leather, paper
and paper board, plastic, precious or semiprecious metals or stones,
marble, metals, shell, straw, textiles, wood, yarn or paint.
(h)
Printing service.
(i)
Research activity.
(j)
Warehousing and storage, indoor.
(k)
Wholesale trade, indoor.
(l)
Business and professional office.
(m)
Essential service.
(n)
Accessory uses, including restaurant or cafeteria facilities
for employees only; outdoor private swimming pools and tennis courts;
antenna and satellite dishes; and accessory buildings.
(4)
Conditional use, residential land use category. Traditional neighborhood design overlay district as provided for and subject to the standards and criteria as specified in § 240-13C, Additional criteria for traditional neighborhood design (TND) development in a Special Development (SD) District.
(6)
Special exception, residential land use category. Home occupations, subject to the same standards and criteria set forth in § 240-23C(1) of this article, and the same are incorporated herein by reference as fully as though set forth at length.
(7)
Special exception, industrial land use category. Any proposed use that is not specifically listed in § 240-34G(3) above shall be reviewed through special exception procedures, subject to the following criteria:
(a)
Uses of the same general character as any use listed as permitted
by right in the industrial land use category shall be allowed after
determination of the Zoning Hearing Board that the impact of the proposed
use on the environment and adjacent properties and streets is equal
to or less than any use specifically listed as a use by right for
the industrial land use category. In making such determination, the
Board shall consider the following characteristics of the proposed
use:
(b)
The proposed use shall comply with all applicable area and bulk
regulations of the industrial land use category.
(c)
The proposed use shall comply with any applicable express standards
and criteria specified in this chapter for the most nearly comparable
conditional use specifically listed for the I-1 (Light Industrial)
District.
(d)
The proposed use shall be consistent with the statement of intent
for the SD District and shall be consistent with the Land Use Plan
Goals and Objectives of the Comprehensive Plan.
(e)
Such uses shall involve processes and products equivalent to
the processes and products characteristic of the permitted uses by
right in the I-1 District. Uses authorized in the I-2 District and/or
associated with heavy manufacturing shall not be permitted.
H.
Area and bulk regulations.
(1)
The minimum area and bulk regulation for residential development as a use by right in this article shall be in accordance with § 240-24, R-2 Medium Density Residential District bulk and area requirements.
(2)
Additions to existing buildings shall follow the setback requirements
that existed at the time the building was originally constructed.
(3)
Parcels developed and used as golf course are not to be considered
as residential district, residential land use category, or residential
use for purposes of setback requirements and landscaping and screening
requirements.
(4)
Area and bulk regulations table.
|
Minimum subdivision/site size
| ||||
|
Planned commercial
|
5 acres
| |||
|
Planned industrial
|
10 acres
| |||
|
Residential development
|
30 acres
| |||
|
Minimum individual lot within site size
| ||||
|
Commercial
| ||||
|
With public sewers
|
2 acres
| |||
|
Without public sewers
|
3 acres
| |||
|
Industrial
| ||||
|
With public sewers
|
2 acres
| |||
|
Without public sewers
|
3 acres
| |||
|
Minimum lot width at front-yard setback
| ||||
|
Commercial land use category (LUC)
|
100 feet
| |||
|
Industrial land use category (LUC)
|
150 feet
| |||
|
Minimum front-yard setback
| ||||
|
Commercial LUC
|
45 feet
| |||
|
Industrial LUC
|
45 feet
| |||
|
Minimum side-yard setback
| ||||
|
Commercial and industrial LUC
| ||||
|
Adjoining residential district, use or LUC
|
100 feet
| |||
|
Adjoining all other uses
|
25 feet
| |||
|
Minimum rear-yard setback
| ||||
|
Commercial and industrial LUC
| ||||
|
Adjoining residential district, use or LUC
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100 feet
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Adjoining all other uses
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40 feet
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Maximum building height
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Commercial and industrial LUC
|
5 stories or 65 feet
| |||
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Maximum lot coverage, including building, parking lot and sidewalks
| ||||
|
Commercial and industrial LUC, regardless if surface is impervious
or not
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70%
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|
•
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Parcels developed and used as golf course are not to be considered
as residential district, residential land use category, or residential
use for purposes of setback requirements and landscaping and screening
requirements.
| |
|
•
|
Additions to existing buildings shall follow the setback requirements
that existed at the time the building was originally constructed.
|
A.
Purpose. This district is intended to accommodate the development
of a mix of office and light industrial uses in a campus environment.
Such uses shall be clean, quiet, free of objectionable elements, and
shall operate entirely within enclosed structures. This district differs
from the I-1 (Light Industrial) District in that outdoor storage of
any type is prohibited. Storage and service yards are not permitted,
even with screening. The district is also intended to foster a more
creative approach in land and building site planning and to encourage
an efficient, aesthetic and desirable use of open space.
B.
Permitted uses.
(1)
Assembly and packaging of finished goods.
(2)
Laboratory.
(3)
Manufacturing of furniture, medical equipment, musical instruments,
and scientific instruments.
(4)
Manufacture, compounding, processing or treatment of such products
as bakery goods, confections, cosmetics, dairy products, drugs, perfumes,
pharmaceuticals and toiletries.
(5)
Manufacture, compounding, assembling or treatment of articles of
merchandise from the following previously prepared materials: bone,
concrete products, cellophane, canvas, hair, horn, leather, paper
and paper board, plastic, precious or semiprecious metals or stones,
marble, metals, shell, straw, textiles, wood, yarn or paint.
(6)
Printing service.
(7)
Research activity.
(8)
Warehousing, indoor storage.
(9)
Wholesale trade, indoor.
(10)
Business and professional office.
(11)
Medical offices and clinics.
(12)
Essential service.
(14)
Accessory uses, including restaurant or cafeteria facilities
for employees only, outdoor private swimming pools and tennis courts,
antenna and satellite dishes, and accessory buildings.
C.
Limitations on flexibility of planned developments. It is not intended
that the Township automatically grant approval to the initial plan
of development proposed by an applicant. The Board of Supervisors
shall approve only such plans of development which are consistent
with the public benefits resulting from the planned development. Therefore,
the Board of Supervisors may require any reasonable condition, limitation
or design factor, including preparation of a traffic impact analysis,
which will promote proper development of the planned development.
D.
Minimum size of proposed planned development. No planned development
shall be considered unless it contains a minimum area of 15 contiguous
acres.
E.
Area and bulk regulations for business park planned development.
(2)
Minimum lot width: 150 feet.
(3)
Minimum front-yard setback: 45 feet.
(6)
Maximum building height: lesser of four stories or 52 feet.
(7)
Minimum building separation: 55 feet.
(8)
Maximum building coverage: see maximum impervious surface coverage.
(9)
Maximum impervious surface coverage - includes building, parking
and sidewalks: 65%.
F.
Procedure. The authorization of a planned development shall require
approval of a sketch plan, preliminary development plan, and final
development plan as stipulated in this section.
(1)
Sketch plan submission. Upon petition of the owners of the area involved
in the application, a sketch plan for the proposed planned development
shall be presented to the Director of Planning. The applicant shall
meet with the Director of Planning to discuss the sketch plan and
its relationship to the requirements of the Comprehensive Plan, other
public policy and best planning practices. Said sketch plan shall
then be presented to the Planning Commission for review. The sketch
plan may be an approximate drawing, but it shall be prepared in a
manner that will explain the features to be included and which would
allow the testing of engineering feasibility. Review of the sketch
plan is not binding on the Township and is not a part of the review
process which has time limitations specified by the Pennsylvania Municipalities
Planning Code. Three copies of the sketch plan shall be submitted
and shall include the following information:
(a)
Proposed locations, amounts and types of uses within the area
proposed to be developed.
(b)
Proposed plan for handling vehicular traffic, parking, sewage
disposal, drainage, water supply, perimeter treatment of the site,
and other pertinent development features.
(c)
Preliminary layout at a scale not to exceed one inch equals
100 feet, illustrating streets, structures, open space, lots, drainage
and other elements basic to the proposal in relationship to existing
site conditions.
(d)
Ownership, zoning and use of adjacent land.
(e)
Proposed deed covenants, in general terms, proposed to be made
part of the planned development plan.
(f)
A statement of development sequence and timetable.
(2)
Preliminary development plan submission. Following a meeting with the Director of Planning to discuss the sketch plan, an application for approval of the preliminary development plan may be submitted to the Planning Commission. This application and supporting documents shall be submitted in accordance with the official filing deadline specified in § 210-8C of Chapter 210, Subdivision and Land Development, of this Code. Nine copies of the preliminary development plan shall be submitted and shall include the following information:
(a)
Written application for approval of a planned development to
be made on forms available from the Township.
(b)
Name and seal of the registered surveyor responsible for preparing
the plan.
(c)
Tract boundaries, with bearings and distances.
(d)
Existing contours at vertical interval of five feet or, in the
case of relatively level tracts, at such lesser interval as may be
necessary for satisfactory study and planning of the tract. Datum
to which contour elevations refer shall be United States Coast and
Geodetic Survey datum.
(e)
All existing watercourses, floodplains, tree masses, and other
significant natural features; all existing buildings, sewers, water
mains, culverts, petroleum or petroleum product lines, fire hydrants,
and other significant man-made features; all existing streets on or
adjacent to the tract, including name, right-of-way width, and cartway
width; and all existing property lines, easements, and rights-of-way,
and the purpose for which the easements and rights-of-way have been
established.
(f)
Proposed maximum site development intensity.
(g)
Proposed streets, all proposed buildings, their yards and their
use, common open space, recreation facilities, parking areas, service
areas, and other facilities to indicate the character of the proposed
development.
(h)
Narrative explanation of the character of the planned development,
including a specific explanation of how the proposed development meets
the objectives of all adopted land use policies and the stated purpose
of this section.
(i)
Statement of present and proposed ownership of all land within
the project, including the beneficial owners of a land trust.
(j)
Development schedule indicating stages in which the project
will be built, with emphasis on area, density, use and public facilities,
and open space to be developed within each stage, and dates for beginning
and completion of each stage.
(k)
Information on all service facilities, driveways, private streets,
paths and off-street parking areas.
(l)
Preliminary general exterior building specifications for all
buildings, submitted in sufficient detail to permit an understanding
of the style of the development and the design of the buildings.
(m)
Preliminary development plans and feasibility reports for sidewalks,
sanitary sewers, storm drainage, water supply system, streetlighting,
and roads, including classification, width of right-of-way, width
of pavement and construction details.
(n)
General landscape plan for the site, showing landscape intent,
with site details where appropriate to fully explain the concept.
(o)
If requested by the Board of Supervisors, a study of the impact
caused by the planned development on the surrounding street system.
(p)
If requested by the Board of Supervisors, an environmental assessment
showing the impact upon natural vegetation, watercourses, topography
and other natural features as identified by the Department of Planning.
(3)
Planning Commission review of preliminary development plan.
(a)
The Director of Planning shall coordinate a review of the preliminary
development plan materials to include all relevant departments and
submit written findings and recommendations to the Planning Commission.
The Commission may hold a public hearing on the preliminary application.
The Planning Commission shall recommend whether the preliminary plan
should be approved, approved with modifications, or denied, and shall
so notify the Board of Supervisors in writing, including in a recommendation
for denial or modified approval any reasons for such recommendation.
(b)
In making its recommendation, the Planning Commission may consider
the recommendations of the Township Director of Planning, Township
Engineer, Township Municipal Authority, the Washington County Planning
Commission, interested residents, and any other agency requested to
submit or submitting comments on the plan.
(c)
The Planning Commission shall act on the preliminary plan within
60 days of the official filing date but, in any event, shall act on
the plan in time for the Board of Supervisors to render its decision
within 90 days from the official filing date, unless an extension
of time is agreed to in writing by the applicant.
(4)
Public hearing and Board of Supervisors review of preliminary development
plan.
(a)
Before acting on a preliminary development plan, the Board of
Supervisors shall hold a public hearing thereon, pursuant to public
notice. The Board of Supervisors shall act on the preliminary plan
within 90 days of the official filing date, unless the applicant has
agreed in writing to an extension of time. Failure to do so shall
be deemed an approval.
(b)
The Board of Supervisors shall notify the applicant in writing
of its decision to approve, approve with conditions, or deny the preliminary
development plan. Such notice shall be given to the applicant in person
or mailed to him at his last known address not later than 15 days
following the decision. If the plan is approved with conditions or
denied, the Board of Supervisors shall specify in the notice the conditions
which must be met or, in the case of denial, the defects found in
the plan and the requirements which have not been met, including specific
reference to provisions of any statute or ordinance which have not
been fulfilled.
(c)
Approval of the preliminary development plan shall constitute
approval of the project as to the character and intensity of development
and the arrangement and dimensions of streets, lots, buildings and
other planned features. The approval binds the subdivider or developer
to the general scheme of the plan as approved, unless a revised plan
is submitted, and permits the developer to proceed with final detailed
design of improvements, to arrange for guarantee to cover installation
of the improvements, and to prepare the final development plan. Approval
of the preliminary development plan does not authorize the sale of
lots or recording of the plan.
(d)
A revised preliminary development plan submitted after denial
shall be considered and reviewed as a new preliminary plan.
(5)
Final development plan submission.
(a)
The purpose of the final development plan is to specifically
designate the land subdivided into conventional lots as well as the
division of other lands into common open areas and building sites.
The final development plan shall show the general location of each
building to be constructed, and a designation of the general internal
use for each building. The final development plan also informs those
who deal with the planned development of the restrictions placed upon
the land.
(b)
Submission of a final development plan or first phase of that
plan shall be completed within six months of the approval of the preliminary
development plan by the Board of Supervisors. The Board may, however,
grant an extension of time for such period as it deems in the public
interest. In the event that a final development plan is not approved
within the six-month period or an approved extension of time, the
action of the Board of Supervisors approving the preliminary development
plan shall be declared null and void.
(c)
Following Board of Supervisors' approval of a preliminary development plan, an application for final development plan may be submitted to the Planning Commission according to the official filing deadline established in § 210-8C of Chapter 210, Subdivision and Land Development, of this Code. Nine copies of the final development plan shall be submitted and shall include the following information:
[1]
Written application for approval of a final development plan
to be made on forms available from the Township.
[2]
Name and seal of the registered surveyor responsible for preparing
the plan.
[3]
Tract boundaries, with bearings and distances.
[4]
Indication of the land subdivided into conventional lots, as
well as the division of other lands not so treated, into common open
space areas and building areas.
[5]
The general location of all buildings to be constructed and
the general internal uses of each building, structure and use of land.
[6]
Infrastructure improvements, including construction details
showing center-line elevations, pavement type, curbs, gutters, culverts,
etc.
[7]
Such additional information as the Board of Supervisors may
have required when approving the preliminary development plan.
[8]
If subdivided lands are included in the planned development,
a subdivision plat of all subdivided lands in the same form and meeting
all requirements of a normal subdivision plat.
[9]
An accurate legal description of each separate unsubdivided
use area, including open space.
[10]
All permanent signs, site lighting and street
fixtures.
[11]
Final stormwater management plans and construction
details.
[12]
Construction schedule.
[13]
Common open space documents, conveying the open
space to a municipal or public corporation or to a not-for-profit
corporation or entity established for the purpose of benefiting the
owners and tenants of the planned development or adjoining property
owners. All lands conveyed thereunder shall be subject to the right
of the grantee or grantees to enforce maintenance and improvement
of the common open space or guaranteed by a restrictive covenant,
describing the open space and its maintenance and improvements, running
with the land.
[14]
Indication of whether the developer anticipates
completing required improvements and facilities prior to recording
of an approved final development plan or guaranteeing completion,
whether said improvements and facilities shall become public or remain
private, by submitting financial security acceptable to the Township
in an amount equal to 110% of the construction cost estimate approved
at the time said improvements and facilities are scheduled to be installed
according to the planned development's staging program.
[15]
Each individual lot or parcel sold or developed
shall be subject to the site plan review process.
(6)
Planning Commission review of final development plan.
(a)
The Director of Planning shall coordinate a review of the final development plan, to include review by relevant Township departments. The Director shall compile a report of review findings and forward them to the Planning Commission. If the Director, upon review, finds major changes in the final development plan, the plans shall be forwarded to the Planning Commission as per Subsection K, Changes in the planned development. The Planning Commission shall recommend whether the preliminary plan should be approved, approved with modifications, or denied, and shall so notify the Board of Supervisors in writing, including in a recommendation for denial or modified approval any reasons for such recommendation.
(b)
In making its recommendation, the Planning Commission may consider
the recommendations of the Township Director of Planning, Township
Engineer, Township Municipal Authority, the Washington County Planning
Commission, interested residents, and any other agency requested to
submit or submitting comments on the plan.
(c)
The Planning Commission shall act on the preliminary plan within
60 days of the official filing date but, in any event, shall act on
the plan in time for the Board of Supervisors to render its decision
within 90 days from the official filing date, unless an extension
of time is agreed to in writing by the applicant.
(7)
Board of Supervisors review of final development plan.
(a)
The Board of Supervisors shall act on the final development
plan within 90 days of the official filing date, unless the applicant
has agreed in writing to an extension of time. Failure to do so shall
be deemed an approval.
(b)
The Board of Supervisors shall notify the applicant in writing
of its decision to approve, approve with conditions, or deny the final
development plan. Such notice shall be given to the applicant in person
or mailed to him at his last known address not later than 15 days
following the decision. If the plan is approved with conditions or
denied, the Board of Supervisors shall specify in the notice the conditions
to be met or, in the case of denial, the defects found in the plan
and the requirements which have not been met, including specific reference
to provisions of any statute or ordinance which have not been fulfilled.
(c)
If the final development plan is approved subject to conditions,
the Board of Supervisors shall not sign the plat until all of the
conditions have been met.
G.
Designation of permanent common open space. A proposed business park
planned development shall not be approved unless such plan provides
for permanent landscaped open space totaling 25% of the gross acreage.
H.
Covenants and maintenance.
(1)
Covenants shall be required by the Board of Supervisors as an ingredient
for stability and longevity of the planned development and shall set
forth in detail provisions for the ownership and maintenance of facilities
held in common to ensure continuity and conservation. Covenant provisions
shall include special remedies in the event facilities held in common
are permitted to deteriorate or are not maintained in a condition
consistent with the best interests of the development or the Township.
In such event, the Township may take those remedial steps allowed.
A draft of the covenants shall be submitted as part of the preliminary
development plan application to the Planning Commission.
(a)
The Township will bill the Planned Development or private organization
with direct responsibility or ownership of the facility any and all
costs incurred by the Township for the repairs and maintenance of
the facility.
[Added 12-3-2018 by Ord.
No. 1-2018]
(2)
The Board of Supervisors shall require the recording of covenants
for any reasonable public or semipublic purpose, including, but not
limited to, the allocation of land by the applicant for public thoroughfares,
parks, schools, recreational facilities, and other public and semipublic
purposes, wherever necessary in conformity with the Township Comprehensive
Plan.
(3)
The Board of Supervisors may require the recording of covenants for
any other reasonable purpose, including, but not limited to, imposing
standards for development of property in the planned development plan
related to lot area, floor area, ratios of floor space to land area,
areas in which structures may be built, open space, setback lines,
building separation, structure height, signs, off-street parking and
loading space, design standards, and phasing of development.
(4)
The petitioner shall provide financial assurance for the satisfactory
installation of all facilities in the form of bonds or such other
assurances as are required in the normal procedures of platting pursuant
to the provisions of this chapter.
(5)
Adequate provisions shall be made for private organization with direct
responsibility to and control by the property owners involved to provide
for the operation and maintenance of all common facilities including
private streets jointly shared by such property owners, if such facilities
are part of the planned development. In such instances, legal assurances
shall be provided which show that the private organization is self-perpetuating
and adequately funded to accomplish its purposes.
(6)
Common facilities not dedicated to the public shall be maintained
to standards assuring continuous and adequate maintenance at a reasonable
and nondiscriminatory rate of charge to the beneficiaries. Common
facilities not dedicated to the public shall be operated and maintained
at no expense to any governmental unit.
(7)
All private streets shall be maintained by the private organization
so that adequate access is provided at all times to vehicular traffic,
so that fire, police, health, sanitation and public utility vehicles
can serve the properties contiguous or adjacent thereto, and so that
said vehicles will have adequate turning area. Said private streets
shall be developed in accordance with this chapter.
I.
No construction until approvals granted. No construction or installation
work shall be permitted on public improvements until construction,
stormwater management, and erosion and sedimentation control plans,
as applicable, have been approved by the Township Engineer. The applicant
shall notify the Engineer at least 24 hours in advance of his intention
to begin such work. Inspections shall be made by the Engineer as work
progresses.
J.
Recording.
(1)
Upon approval of the final development plan, the subdivider or developer
shall prepare one reproducible Mylar of the approved plan, which shall
be submitted to the Township within 30 days after approval. Upon satisfaction
of any conditions attached to the approval, the plan will be signed
by the Board of Supervisors. A copy of the signed final development
plan shall be recorded in the office of the Washington County Recorder
of Deeds within 90 days after approval of the plan, or the approval
of the Board of Supervisors shall be null and void. The plan must
be recorded before proceeding with the sale of lots or construction
of buildings.
(2)
In addition to the plat prepared for recording, the applicant shall,
when required by the Township, submit a computer-readable file in
the form specified by the Township, which shall provide a true and
complete display of the recorded final development plan, excepting
the surveyor's seal or signature. The computer-readable file shall
be submitted at the same time the Mylar is submitted for signature
by the Board of Supervisors.
(3)
Recording the final development plan shall be an irrevocable offer
to dedicate all streets and other public ways to public use and to
dedicate or reserve all park reservations and other public areas to
public use, unless reserved by the subdivider as hereinafter provided.
The approval of the final plan shall not impose any duty upon the
Board of Supervisors or Township concerning maintenance or improvements
by ordinance or resolution.
(4)
The subdivider shall place a notation on the final development plan
if there is no offer of dedication to the public of streets and certain
designated public areas, in which event the title to such areas shall
remain with the owner and the Township shall assume no responsibility
for improvement or maintenance thereof, which fact shall be noted
on the final plan.
K.
Changes in the planned development.
(1)
A planned development shall be developed only according to the approved
and recorded final development plan and all supporting data. The recorded
final development plan and all supporting data, together with all
recorded amendments, shall be binding on the applicant, his successors,
grantees and assigns, and shall limit and control the use of the premises
(including the internal use of buildings and structures) and location
of structures in the planned development, as set forth herein.
(2)
In the exercise of its continuing jurisdiction, the Board of Supervisors
may, from time to time, allow modification of the approved final development
plan in a manner consistent with the approved preliminary development
plan to provide for circumstances and conditions unforeseen at the
time of original approval. Such modifications shall constitute major
or minor changes, which shall be acted upon as follows:
(a)
Major change shall be defined as any change which alters the
concept or intent of the planned business development, including,
but not limited to, increases in density, significant increases in
building heights, reductions of open space, changes in standards or
alignment of roads or drainage, or changes in the final governing
agreements, provisions or covenants. Major changes may be approved
only by submission of a revised final development plan and supporting
data and following the final development plan approval steps, including
holding of a new public hearing, at the discretion of the Board of
Supervisors, and subsequent amendment of the final development plan.
(b)
Minor changes shall be defined as any change that is not considered
a major change. The Board of Supervisors may approve minor changes
that do not change the concept of intent of the development without
going through the final development plan approval steps. Any approved
minor change not properly recorded with the County Recorder in the
time period allowed shall automatically be deemed to be a major change.
L.
Abandonment or expiration.
(1)
Abandonment of a development authorized under this section shall
occur when one or more of the following conditions occur:
(a)
No improvements are made pursuant to the final development plan
for 12 consecutive months or upon the expiration of two years from
the approval date of the final development plan.
(b)
If construction of public improvements, including streets, parks,
walkways and utility installation identified in the approved final
development plan, is less than 50% completed in terms of the approved
development schedule.
(2)
For a development which has not been completed, the Board of Supervisors
may grant a time extension for such development not to exceed one
year.
A.
Uses by right - land use. In this district the land may be used and
improved for walking, biking and hiking trails, ball fields, outdoor
sport complexes, municipal parks, and the like. "Improved" means grading
and planting and placing replaceable material on the earth to facilitate
the intended athletic or recreational use. Any structure to be built
or erected in this district will fall under the conditional use category
immediately following.
B.
Conditional uses -structures. Any proposed structure to be erected
in this district shall require a conditional use hearing conducted
by the Board of Supervisors. In addition to the express standards
listed below, the Board of Supervisors may attach other conditions
and stipulations it deems necessary to preserve and protect the safety
and welfare of adjacent and nearby residential dwellings and to minimize
any adverse effect that may result to the surrounding properties.
(1)
Due to the probability of unique and unusual parcel configurations
in a district of this type (such as rails-to-trails property), setbacks
for all sides of a proposed structure shall be determined on a case-by-case
basis as a part of the conditional use hearing. A minimum of five
feet shall always be required, but longer distances up to the standards
for R-1 Districts will be required if space permits.
(2)
Parking, buffer areas, screening and landscaping requirements will be determined as a part of the Conditional use hearing, applying standards of Articles IX and XI, where practical. Deviations from Articles IX and XI may be permitted by the Township Supervisors where unique and/or unusual parcel configurations or use does not merit strict compliance.
(3)
Signs, access, lighting, etc., will be addressed through the site
plan review process.
A.
Statement of intent. In addition to the goals listed in Article I of this chapter and in the Land Use Plan Goals and Objectives of the Comprehensive Plan, the overlay district established by this chapter is intended to achieve the following:
(1)
To allow flexibility in design and in the application of zoning regulations
to encourage the economic development of an overlay to the special
district where the creation of a coordinated living and working environment
can be accomplished.
(2)
To provide incentives for the public and private investment in the
coordinated and orderly development of a Town Center District with
special development characteristics.
(3)
To respond to the demand for an overlay at the special district which
can accommodate a mixed-use development.
(4)
To provide a procedure that can respond to changes in market conditions
and availability of financing to support residential and commercial
economic development in a mixed-use district, and which complements
county and commonwealth redevelopment controls in effect for development
of a special district.
(5)
Create a traditional "town center" environment that encourages lively
retail and entertainment facilities.
(6)
Provide outdoor gathering places for the public, such as courtyards,
plazas and public open space.
(7)
Promote pedestrian orientation of streets and buildings to establish
a pedestrian-friendly community with sidewalks and pedestrian walkways
that connect buildings, parking areas and public spaces.
(8)
Create an attractive and welcoming streetscape.
(9)
Accommodate off-street parking in areas such that the town center
environment is preserved.
B.
COURTYARD
GARDEN/URBAN GARDEN
GROSS LEASABLE AREA (GLA)
(1)
(2)
(3)
(4)
MIXED USE
PLAZA
SQUARE
TOWN CENTER (TC)
TOWN CENTER DRIVES
VISIBILITY TRIANGLE
WAYFINDING
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An outdoor space open to the sky and bounded on three or
more sides by exterior building walls or other enclosing devices.
Grounds adorned with flowers, lawns, shrubs and trees for
public enjoyment, and which may include paved or stone paths.
The number of square feet of floor area on all levels, measured
to the exterior surface of exterior walls, but excluding:
Floor area occupied by mechanical, telephone or other operating
equipment,
Patios or exterior dining or merchandising areas that are not
climate-controlled,
Truck docks, trash collection, or delivery areas that are not
climate-controlled,
Floor area dedicated to public toilet rooms, maintenance facilities,
vertical circulation elements, and fire and service corridors.
A designation for a parcel of land or a building where the
intended occupancy includes multiple separated uses as defined in
this chapter or as agreed to by conditional use.
An open paved area at, above or below street level, where
vehicular traffic is not permitted.
An open quadrilateral area at the intersection of two or
more streets, upon which vehicular traffic is restricted or not permitted.
A well-defined parcel which includes a pedestrian-friendly
development featuring buildings that may include mixed uses with grade-level
retail or office uses and wherein may be permitted office and residential
uses at their upper stories, as well as a variety of open spaces.
All driveways, streets, roads, alleys and ring roads located
solely within a Town Center District. Town center drives may not be
considered public streets. In the event a private town center drive
is designated to become a public street, that street must conform
to public street design and construction standards prior to being
converted to public designation.
The area necessary to provide clear visibility at public roadway intersections as required by Article VIII of this chapter.
A term used to describe a signage system that gives direction,
most typically as it relates to pedestrian movement.
C.
Approval procedure. At the developer's option, a Town Center Overlay Development may be established by conditional use on property in the SD Special Development District, provided all of the requirements of this section are met. A preliminary land development plan for the area of the Town Center shall be submitted with the application for conditional use approval as a basis for determining compliance with this section. The applications for conditional use approval and preliminary approval of the land development may be processed concurrently, if the land development plan meets all of the application requirements of § 210-11B of the Subdivision and Land Development chapter of the Code. The establishment of a TC District shall follow approval of an illustrative site plan by conditional use hearing before the Board of Supervisors, followed by submission of a subdivision plan or plans as required in this article. An illustrative site plan indicates the proposed land use category (residential, commercial or mixed-use) designated for each lot, parcel or building within the entire tract proposed as the TC District. In addition, the illustrative site plan may also indicate the specific use by right (retail, professional office, residential, etc.) proposed for each lot, parcel or building. The Board of Supervisors may authorize one or more of the following land use categories on a lot, parcel or building, upon review by the Planning Commission: residential land use category, commercial land use category, and mixed-use land use category.
D.
Standards for conditional use approval of an illustrative site plan.
(1)
The minimum tract for which an illustrative site plan shall be submitted
shall be 30 acres. An existing TC District may, however, after gaining
approval for rezoning, incorporate additional land into the district,
provided that a portion of the perimeter property boundary of the
proposed added land is coincident with the boundary of the TC District.
(2)
The illustrative site plan shall include a written description of
the various proposed uses for each lot, parcel or building when known.
When not known at time of submission, the proposed land use category
of each lot, parcel or building shall be indicated on the plan. The
plan shall also show the proposed layout of the street network within
the tract and its connection(s) with existing streets.
(3)
The illustrative site plan shall be accompanied by evidence that
the tract can be serviced by public water and sewer systems or by
public water and community sewage treatment system, subject to approval
by the Pennsylvania Department of Environmental Protection (PADEP).
(4)
The tract shall have frontage on an arterial street or collector,
as defined by the Comprehensive Plan, or shall have direct access
to such street within a distance of 500 feet of a principal entrance
to the site.
(5)
The tract shall be subject to the redevelopment laws of the commonwealth.
(6)
The Board of Supervisors shall hold a public hearing on the illustrative
site plan to assess the compatibility of the land uses proposed in
the plan; to determine the need for reasonable and appropriate conditions
and safeguards to protect the public health, safety and welfare; and
to implement the purposes of this chapter.
(7)
The Board of Supervisors shall determine whether the design of the
proposed major street network shall provide safe and efficient flow
of traffic through the site, prevent congestion, accommodate park
traffic demands without hazard or great delay, and provide accessibility
for emergency vehicles.
E.
Procedure for review after conditional use approval of an illustrative
site plan.
(1)
Following the grant of conditional use approval for the illustrative
site plan for the tract, the applicant shall present a subdivision
plan in accordance with the requirements of this chapter. The subdivision
plan may propose recording of the entire tract area or a portion thereof
not to be less than 30 acres. The land use category approved for each
lot, parcel or building through illustrative site plan procedures
shall be shown within the property boundaries of each lot, parcel
or building.
(2)
The Board of Supervisors shall consider whether the existing physical
characteristics of the subdivision plan, such as topography, vegetation
and natural waterways, or proposed man-made features, such as streets,
will create adequate buffers between adjoining areas proposed for
residential and nonresidential land use categories. The Board shall
also consider the compatibility of the proposed land use categories
within the subdivision plan with existing uses of property outside
the TC District that adjoin its boundaries.
(3)
After subdivision approval, the development of each lot, parcel or building shall require submission of an individual site plan reflecting the area and bulk regulations of this article for the applicable land use category and the requirements of § 240-15, Site plan review. This requirement shall not apply to townhouses included as part of a PRD or to individual single-family homes.
F.
Variations between illustrative site plan and subdivision plan. Minor
variations between the illustrative site plan and any subdivision
plan, such as preliminary locations of buildings on individual sites
when shown on the illustrative site plan, shall not require reapproval
of the illustrative site plan through conditional use procedures.
However, major variations between the illustrative site plan and any
subdivision plan, such as changes in the layout of the major street
network and/or principal points of ingress or egress to public streets
and roadways, shall require resubmission of a conditional use application
for illustrative site plan approval. The Township shall classify variations
as either "major" or "minor." Resubdivision of an original illustrative
site plan lot shall not require a new conditional use hearing but
shall require delivery to the Township, along with the recorded plan
for the resubdivided lot, of an updated illustrative site plan showing
the resubdivided lot.
G.
Effect of proposed change of land use category for individual lots.
(1)
Any proposed change in the land use category of a vacant lot, parcel
or building in a recorded plan of subdivision shall be addressed as
follows: The Board of Supervisors shall hold a public hearing to access
the compatibility of the proposed change in land use and, further,
to determine the need for reasonable and appropriate conditions and
safeguards to protect the public health, safety and welfare of adjacent
properties within the outside of the TC development tract.
(2)
Any proposed change in the land use category of a developed lot,
parcel or building in a recorded plan of subdivision shall require
the submission of a conditional use application proposing revision
to the illustrative site plan. If conditional use approval is granted,
submission of a revised subdivision plan showing the new land use
category shall be required for approval and recording. Any change
in use or occupancy of the lot, parcel or building shall then be subject
to the applicable area and bulk regulations contained in this section.
H.
Modifications. The Supervisors shall consider whether proposed waivers
or modifications in any requirement of this section or the Chapter
will make for a more attractive and harmonious planned development.
If such modifications, in the judgment of the Supervisors, constitute
a more beneficial use of the site for the affected/future residents
and the public interest than provided for under the requirements of
this section or chapter or the zoning district in which the site of
the Town Center is located, the Supervisors, in their sole discretion,
may grant the modifications as part of the TC approval process. Any
inconsistencies in this section with Cecil Township land development
and zoning ordinances will be resolved in favor of this section.
I.
Design and improvement standards. The standards and requirements
outlined below shall be considered minimum standards and requirements
for the promotion of the public health safety, morals and general
welfare.
(1)
Streets, driveways, culs-de-sac and alleys within the TC District
shall be designated "town center drives," as defined in this section.
(2)
Cartway construction shall meet the minimum design criteria set forth
by the Township.
(3)
Street name signs, stop signs, and traffic control signs shall be
provided and installed by the developer.
(4)
Locations of easements for public utilities inside a TC District
shall be coordinated with the respective utility.
(5)
Sidewalks and pedestrianways.
(a)
The minimum width of sidewalks on the town center streets shall
be 10 feet across retail storefronts, office building entries, and
entries to residential buildings.
(b)
If outdoor seating is proposed for a restaurant or similar business,
the maximum encroachment into any sidewalk shall be five feet.
(c)
Crosswalks shall be provided at each street intersection. Each
crosswalk shall be indicated by signs and a change in pavement type
such as pavers, stamped concrete or similar designation. Crosswalks
shall be handicapped accessible.
(d)
Sidewalks shall be required to connect the street frontage to
all front building entrances, parking areas and public spaces.
(e)
Sidewalks shall continue across driveways.
(f)
Sidewalks or other paved pedestrianways shall be provided from
parking areas at the rear of buildings to rear entrances to the buildings
and/or through public spaces to sidewalk along the street frontage.
J.
Land use regulations and development standards. Once conditional use approval has been granted to an illustrative site plan which assigns land use categories to each lot, parcel or building within the TC District, and following recording of a subdivision plat or plats, the uses indicated below in the respective land use categories shall be permitted, subject to individual site plan approval as required by § 240-15 of this chapter. Only the following uses shall be authorized in a Town Center Overlay development in the SD Special Development, District. Any use not specifically listed in this section shall be subject to review as outlined in Subsection J(3), Comparable uses, below.
(2)
Uses by right, nonresidential uses.
(a)
Parking garage.
(b)
Retail stores.
(c)
Business and professional offices.
(d)
Personal services.
(e)
Restaurants.
(f)
Outdoor dining.
(g)
Financial institutions.
(h)
Studios for dance, music, fitness, art or photography.
(i)
Gallery, museum, library.
(j)
Theater, live or motion picture.
(k)
Hotel, motel, inn.
(l)
Public buildings.
(m)
Public park, plaza, square, courtyard, urban garden.
(n)
Transit facilities.
(o)
Farmer's market.
(p)
Pedestrian take-out windows.
(q)
Street vendors - duly authorized.
(r)
Schools.
(s)
Religious institutions.
(t)
Government offices, including post office, etc.
(3)
Comparable uses. Comparable uses not specifically listed, as determined
by the Board of Supervisors in accordance with the following criteria:
(4)
Excluded uses.
(a)
Automobile or other vehicle: sales (new and/or used).
(b)
Automobile or other vehicle: service, repair, bodywork and painting.
(c)
Automobile or other vehicle: washing or detailing.
(d)
Automobile or other vehicle: fuel filling station.
(e)
Restaurant drive-through facilities.
(f)
Adult entertainment.
(g)
Tattoo parlor.
(h)
Any use not permitted in this district.
(i)
Uses determined to be of similar nature to the excluded uses
in this section.
(5)
Outdoor activities or uses.
(a)
The display of merchandise or seating out of doors is permitted
within this TC District. Except as provided below, all display areas
or seating for restaurants out of doors shall be confined to a pedestrian
walkway immediately adjacent to the building housing the primary use
or within any common pedestrian areas designated on the final site
plan. Such display or seating may be permitted to extend the entire
length and width of any sidewalk or plaza areas directly adjacent
to the main business, provided that the minimum pedestrian access
is maintained as required elsewhere in this chapter. There shall be
no requirement that any display or seating be located wholly under
any permanent part of a main business building such as a marquee.
In addition, sales and display areas may be located in any kiosk or
pushcart location designated on the final site plan.
(b)
The temporary sale of Christmas trees and products associated with the celebration of holidays or national events on any property in the TC District or the temporary sale of goods in relation to special events (e.g., Hanukkah, Presidents' Day, Easter, etc.) shall be permitted for a period of 60 days prior to the day of the special event or holiday celebration. No permit shall be required, provided the sale area is as specified in Subsection J(5)(a) above.
K.
Area and bulk regulations.
(1)
Size of lots.
(a)
Minimum lot size: no minimum required.
(b)
Minimum lot frontage: no minimum required.
(c)
Minimum lot depth: no minimum required.
(d)
Maximum number of lots: no limit on the number of lots that
may be created.
(e)
Maximum impervious surface coverage - includes building, parking
and sidewalks: 90%.
(2)
Size of yards.
(a)
Minimum front yard. No front yard is required between any lots
or land uses created within the TC District. A thirty-five-foot setback
shall be required adjacent to any TC District boundary that directly
abuts residential development that is outside the boundary of this
TC District.
(b)
Minimum side yard. No side yard is required between any lots
or land uses created within the TC District. A thirty-five-foot setback
shall be required adjacent to any TC District boundary that directly
abuts residential development that is outside the boundary of this
TC District.
(c)
Minimum rear yard. No rear yard is required between any lots
or land uses created within the TC District. A thirty-five-foot setback
shall be required adjacent to any TC District boundary that directly
abuts residential development that is outside the boundary of this
TC District.
(3)
Lot and setback standards.
(a)
TC Districts shall not be restricted relative to the number
of buildings per lot.
(b)
The minimum building setback adjacent to a specified public
thoroughfare or public right-of-way shall be 35 feet.
(c)
The minimum setback for all off-street parking, maneuvering
and loading areas from the right-of-way line of a specified public
thoroughfare or public right-of-way shall be five feet.
(d)
The minimum setback for all screening walls and fences from
the right-of-way line of a public thoroughfare or public right-of-way
shall be 10 feet.
(e)
The minimum setback for any outside service area from the right-of-way
line of a public thoroughfare or public right-of-way shall be 150
feet. The setback may be reduced to 35 feet if such area is screened
to one-hundred-percent opacity with a screening wall that matches
the primary on-site building material or with live vegetation.
(f)
Buildings, parking areas or other visual obstructions shall
not be located in any required visibility triangle.
(g)
The required setback area as described above shall be landscaped
and shall be included in the calculation of pervious area that may
be required.
(h)
No building setback shall be required from any town center drive
created within the TC District.
(4)
Height restrictions. Maximum height for buildings inside a TC District
shall be 75 feet or six stories, as measured pursuant to the building
height definition specified in this chapter, and is applicable to
all land use categories inside the district.
(5)
Usable open space.
(a)
Urban gardens shall be required for each 50,000 square feet
or portion thereof of gross leasable area. This requirement may be
modified if a plaza, square or courtyard is also proposed in the TC
District, provided the total area devoted to urban gardens, plazas,
squares or courtyards equals at least 500 square feet for each 50,000
square feet of gross leasable area.
[1]
The minimum area of an urban garden shall be 500 square feet.
[2]
An urban garden shall be located where it is visible from and
accessible from a public sidewalk or pedestrianway.
[3]
Sixty percent of the urban garden area shall be planted with
trees, vines, shrubs and seasonal flowers with year-round interest.
(b)
Plazas, squares or courtyards may be proposed in the Town Center
District.
[1]
The minimum area required for a plaza, square or courtyard shall
be 1,000 square feet.
[2]
The plaza, square or courtyard shall be located where it is
visible and accessible from a sidewalk or pedestrianway.
[3]
Thirty percent of the plaza, square or courtyard shall be landscaped
with trees, shrubs and mixed plantings with year-round interest. The
remainder of the area in the plaza, square or courtyard shall be hardscape,
lawn or ground cover or a mixture thereof.
[4]
Plazas, squares, or courtyards shall connect to other activities
such as outdoor cafes, restaurants and building entrances.
(c)
Open space amenities.
[1]
Public art, statues and fountains are encouraged.
[2]
Seating space shall be provided where pedestrian activity occurs.
[3]
Refuse containers shall be integrated with the architectural
theme for the TC and shall be distributed throughout the garden, plaza,
square or courtyard, along pedestrianways, and proximate to parking
areas or structures.
[4]
Lighting shall be provided.
L.
Off-street parking and loading.
(2)
Parking inside a Town Center District shall be calculated based on
the following:
(3)
Parking ratios.
(a)
Retail: four spaces per 1,000 square feet.
(b)
Restaurant, fast casual: one space per 75 square feet.
(c)
Restaurant: one space per 100 square feet.
(d)
Office: 2.5 spaces per 1,000 square feet.
(e)
Cinema, theater, conference center: one space per four seats.
(f)
Hotel, motel, inn: one space for each rental unit.
(g)
Residence: 1.5 spaces for each studio or one-bedroom unit; two
spaces for each two-or-more-bedroom unit.
(4)
Shared parking requirements. The number of shared parking spaces
inside a Town Center District shall be determined by calculation,
utilizing the following formula, and subject to review and final approval
by the Township's Board of Supervisors.
(a)
Multiply the individual uses by the minimum required percentages,
per time period, as contained in the five vertical columns of the
table below;
(b)
Add the sum of the calculations; and
(c)
The required parking is the largest number of spaces resulting
from the calculations.
|
Shared Parking Calculations
| |||||
|---|---|---|---|---|---|
|
Use
|
Weekday: Midnight to 6:00 a.m.
|
Weekday: 9:00 a.m. to 4:00 p.m.
|
Weekday: 6:00 p.m. to Midnight
|
Weekend: 9:00 a.m. to 4:00 p.m.
|
Weekend: 6:00 p.m. to Midnight
|
|
Residential
|
100%
|
60%
|
90%
|
80%
|
90%
|
|
Office
|
5%
|
100%
|
10%
|
10%
|
5%
|
|
Retail and commercial
|
5%
|
70%
|
90%
|
100%
|
70%
|
|
Hotel
|
80%
|
80%
|
100%
|
80%
|
100%
|
|
Restaurant
|
10%
|
50%
|
100%
|
50%
|
100%
|
|
Entertainment
|
10%
|
40%
|
100%
|
80%
|
100%
|
|
Others - as approved
|
100%
|
100%
|
100%
|
100%
|
100%
|
(5)
Loading requirements. Loading spaces inside a Town Center District
shall not be required. However receiving areas shall be provided as
follows:
M.
Signage. The developer shall submit a complete and comprehensive
environmental graphic and wayfinding package, specific to the project,
and subject to review and final approval by the Township's Board of
Supervisors.
N.
Landscape planting and hardscape. The developer shall submit a complete
and comprehensive landscape planting and hardscape package, including
plant and material lists, specific to the project, and subject to
review and final approval by the Township.
O.
Lighting.
(1)
Lighting shall be designed to complement the architectural style
of the buildings and provide a consistent theme throughout the Town
Center.
(3)
Lighting shall be designed to provide adequate illumination for streets
and open parking areas throughout the Town Center:
(a)
Minimum illumination - streets and open parking areas: 1.0 footcandle.
(4)
Spillover lighting across a property line that directly abuts residential
development that is outside the boundary of this TC District shall
not exceed 0.2 footcandle.
(5)
Mercury vapor lights shall not be permitted.
(6)
All lighting devices that utilize low-pressure or high-pressure sodium,
halide, fluorescent, quartz or incandescent bulbs in excess of 160
watts shall be designed completely shielded and shall direct and cut
off light at a cutoff angle that is 60° or less.
(7)
The developer shall provide a photometric plan showing the level
of illumination across the TC District, as well as light fixture specifications
demonstrating compliance with these requirements.
P.
Common area maintenance. All common areas within the Town Center
District shall be maintained by the developer or as provided in the
private easement, restriction and operating agreement to be developed
for the entire Town Center Development.
A.
Statement of intent. Because large tracts of land abutting an interstate highway are particularly suited for development in a manner that is different from the criteria otherwise applicable elsewhere in the Township, in addition to the goals listed in Article I of this chapter and in the Land Use Plan Goals and Objectives of the Comprehensive Plan, the Interstate Highway Planned Development Overlay District established by this chapter is intended to achieve the following:
(1)
To allow flexibility in design thereby encouraging the master planned
development of a coordinated living and working environment on large
sites in the vicinity of interstate highways.
(2)
To provide incentives for public and private investment in the coordinated
and orderly development of large sites in the vicinity of interstate
highways having unique development characteristics and high growth
potential for the purpose of fostering regional economic development
and the creation of regional employment.
(3)
To permit increases in density within large master planned projects,
thereby allowing greater opportunities to preserve open space areas.
(4)
To provide a procedure that can respond to changes in market conditions
and availability of financing to support residential and commercial
economic development in a master planned district in the vicinity
of interstate highways.
(5)
To provide incentives for master planned developments in the vicinity
of interstate highways, combining functional and aesthetically pleasing
commercial uses, including office, retail, light industrial and warehousing
development, with a variety of residential uses which provide multiple
housing options.
(6)
To provide incentives for the development of large sites in the vicinity
of interstate highways in a way that creates a compact, dense, clustered
pattern with appropriate open spaces and that encourages pedestrian-oriented
land uses.
B.
FLEX-SPACE BUILDING
INTERSTATE HIGHWAY
LARGE SITE
MIXED USE
MULTI-PRODUCT PLAN
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A building intended to contain a combination of business
uses, including office, showroom, assembly, warehouse, research or
light industrial.
A limited access roadway designated on January 1, 2009, as
part of the Dwight D. Eisenhower National System of Interstate and
Defense Highways under 23 U.S.C. § 103(c).
Land under unified ownership or control, consisting of not
less than 500 contiguous acres and with not less than 750 lineal feet
of frontage along the right-of-way line for an interstate highway;
for purposes of determining contiguity, land shall be considered contiguous
even though separated from other portions of the site by an existing
public road right-of-way.
A designation for a parcel of land, building or a group of
buildings where the intended occupancy includes multiple separated
uses. Mixed use is intended to promote developments where the planned
integration of some combination of allowed uses such as residential,
office, hotel, retail and institutional creates a pedestrian-oriented
development.
A subdivision designed and containing a combination or mixture
of housing types, whether single-family, two-family or multifamily.
C.
Approval procedure.
(1)
At the developer's option, an Interstate Highway Planned Development (IHPD) may be established by conditional use on large sites that satisfy the requirement of Subsection C(1)(d) below. A preliminary land development plan for the area of the IHPD shall be submitted with the application for conditional use approval as a basis for determining compliance with this section. The applications for conditional use approval and preliminary approval of the land development may be processed concurrently, if the land development plan meets all of the application requirements of § 210-11 of the Subdivision and Land Development chapter of the Code.
(2)
The establishment of a IHPD District shall follow approval of an
illustrative site plan by conditional use hearing before the Board
of Supervisors, followed by submission of a subdivision plan or plans
as required in this article. An illustrative site plan indicates the
proposed land use category (single-family residential, combination
residential or business) designated for each lot, parcel or building
within the entire tract proposed as the IHPD District. In addition,
the illustrative site plan may also indicate the specific use by right
(for example, retail, professional office, multifamily residential,
etc.) proposed for each lot, parcel or building. The Board of Supervisors
may authorize one or more of the following land use categories on
a lot, parcel or building, upon review by the Planning Commission:
single-family residential land use category, combination residential
land use category, or business land use category.
(3)
Standards for conditional use approval of an illustrative site plan
(a)
An illustrative site plan shall only be submitted for a large
site. After initial approval, the developer may incorporate additional
tracts of any size into the IHPD, provided that a portion of the perimeter
property boundary of the proposed added tract is coincident with the
boundary of the IHPD District.
(b)
The illustrative site plan shall include a written description
of the various proposed uses for each lot, parcel or building when
known. When not known at time of submission, the proposed land use
category of each lot, parcel or building shall be indicated on the
plan. The illustrative site plan shall include a preliminary schematic
layout of any proposed arterial or collector streets.
(c)
The illustrative site plan shall be accompanied by evidence
that the entire tract can be serviced by public water and sewer systems
or by public water and community sewage treatment system, subject
to approval by the Pennsylvania Department of Environmental Protection
(PADEP).
(d)
The illustrative site plan shall include proposed covenants,
conditions, restrictions and site development standards (the "covenants")
that would serve to enforce common design and development standards
and guidelines, such as with respect to open space, lighting, signage,
landscape, buffers, planting requirements, pedestrian orientation
and the like, either throughout the IHPD or within specified portions
of the IHPD. The covenants are intended to be recorded in the land
records of Washington County, Pennsylvania, and are subject to review
and approval by the Board of Supervisors in a form approved by the
Township Solicitor.
(e)
The Board of Supervisors shall hold a public hearing on the
illustrative site plan to assess the compatibility of the land uses
proposed in the plan; to determine the need for reasonable and appropriate
conditions and safeguards to protect the public health, safety and
welfare; and to implement the purposes of this chapter. The Board
of Supervisors shall give due consideration to whether the preliminary
schematic layout of any proposed arterial or collector streets demonstrates
a reasonably safe and efficient flow of traffic through the site,
minimizes congestion, provides accessibility for emergency vehicles.
(4)
Procedure for review after conditional use approval of an illustrative
site plan
(a)
Following the grant of conditional use approval for the illustrative
site plan for the tract, the applicant shall present a subdivision
plan in accordance with the requirements of this chapter. The subdivision
plan may propose recording of the entire IHPD area or a portion or
portions thereof that need not be contiguous, so long as the total
area shown on such subdivision plan is not less than 10 acres. The
land use category approved for each lot, parcel or building through
illustrative site plan procedures shall be shown within the property
boundaries of each lot, parcel or building.
(b)
The Board of Supervisors shall consider whether the existing
physical characteristics of the subdivision plan, such as topography,
vegetation and natural waterways, or proposed man-made features such
as streets, will create adequate buffers between adjoining areas proposed
for residential and nonresidential land use categories.
(c)
After subdivision approval, the development of each lot, parcel or building shall require submission of an individual site plan reflecting the area and bulk regulations of this article for the applicable land use category and the requirements of § 240-15, site plan review. This requirement shall not apply to townhouses included as part of a PRD or to individual single-family homes.
(5)
Variations between illustrative site plan and subdivision plan. A
major variation between the illustrative site plan and any subdivision
plan is a change in the land use category applicable to a lot or parcel.
Any such major variation shall require resubmission of a conditional
use application for illustrative site plan approval. All other variations
between the illustrative site plan and any subdivision plan shall
be considered minor variations and shall not require reapproval of
the illustrative site plan through conditional use procedures. Resubdivision
of an original illustrative site plan lot shall not require a new
conditional use hearing but shall require delivery to the Township,
along with the recorded plan for the resubdivided lot, of an updated
illustrative site plan showing the resubdivided lot.
(6)
Effect of proposed change of land use category for individual lots.
(a)
Any proposed change in the land use category of a vacant lot,
parcel or building in a recorded plan of subdivision shall be addressed
as follows: The Board of Supervisors shall hold a public hearing to
assess the compatibility of the proposed change in land use and, further,
to determine the need for reasonable and appropriate conditions and
safeguards, if any, to protect the public health, safety and welfare
of immediately adjacent developed properties both inside and outside
of the IHPD boundaries.
(b)
Any proposed change in the land use category of a developed
lot, parcel or building in a recorded plan of subdivision shall require
the submission of a conditional use application proposing revision
to the illustrative site plan. If conditional use approval is granted,
submission of a revised subdivision plan showing the new land use
category shall be required for approval and recording. Any change
in use or occupancy of the lot, parcel or building shall then be subject
to the applicable area and bulk regulations contained in this section.
D.
Modifications.
(1)
The Supervisors shall consider whether proposed waivers or modifications
in any requirement of this section or the chapter will make for a
more attractive and harmonious planned development and are consistent
with and advance the intent of this chapter. If such modifications,
in the judgment of the Supervisors, constitute a more beneficial use
of the site for the affected/future residents and the public interest
than provided for under the requirements of this section or chapter,
the Supervisors, in their sole discretion, may grant the modifications
as part of the IHPD approval process.
(2)
Any inconsistencies in this section with the Cecil Township subdivision
and land development or zoning ordinances will be resolved in favor
of this section.
E.
Design and improvement standards. The covenants will establish standards
for design and improvements within the IHPD. The land development
application for each subdivision within an IHPD shall include a complete
and comprehensive signage and landscape package, including plant and
material lists, descriptions of parking lot or other buffer requirements
and the like, specific to the subdivision and subject to review and
final approval by the Township.
F.
Land use regulations and development standards. Once conditional use approval has been granted to an illustrative site plan which assigns land use categories (single-family residential, combination residential or business) to each lot, parcel or building within the IHPD District, and following recording of a subdivision plat or plats, the uses indicated below in the respective land use categories shall be permitted, subject to individual site plan approval as required by § 240-15 of this chapter. Only the following uses shall be authorized in an IHPD District. Any use not specifically listed in this section shall be subject to review as outlined in Subsection F(6), Comparable uses, below.
(1)
Uses by right, single-family residential land use category.
(a)
Single-family detached dwelling;
(b)
Two-family dwelling;
(c)
Home office;
(e)
Essential service; and
(f)
Community or private membership outdoor recreational facilities
including but not limited to parks, swimming pools, tennis courts
and clubs.
The dimensional regulations for any area designated on the illustrative
site plan as single-family land use category shall be in accordance
with the following:
(2)
Uses by right, combination residential land use category.
(a)
Single-family detached, attached and semidetached dwelling;
(b)
Two-family dwelling;
(c)
Multifamily dwellings, including but not limited to townhouses,
garden apartments and mid-rise apartment buildings;
(d)
Multi-product plan;
(f)
Mixed use; provided, however, that in a combination residential
land use area any mixed use must include a residential component appropriate
in size to the balance of the mixed use;
(g)
Traditional neighborhood design (TND), subject to the standards and criteria of § 240-13C of this chapter, unless a different specific standard and criteria is set forth in this section;
(h)
Customary accessory uses;
(i)
Home office;
(j)
Essential services;
(k)
Day-care center, so long as the standards and criteria set forth in § 240-23B(2) of this article is met;
(l)
Houses of worship, so long as the standards and criteria set forth in § 240-23B(3) of this article are met;
(m)
Nursing, convalescent or rest home;
(n)
Bed-and-breakfast establishment;
(o)
Public grounds and public uses;
(p)
Places of public assembly;
(q)
Parking garage or structure (above or below ground);
(r)
Communications facilities, subject to the express standards and criteria stated in § 240-55 of this chapter except that the requirement of § 240-55I that self-supporting towers be sited no closer than 1,000 feet to any recorded plan of subdivision shall not be applicable to such towers in the IHPD; and
(s)
Accessory commercial, service and other nonresidential uses
within residential land use category areas but not mixed use land
use category areas (such as barber and beauty shops, convenience stores,
gift shops, dry cleaners, coffee, candy, ice cream or delicatessen
shop, neighborhood-type restaurant, and other personal services),
where such uses are scaled primarily to serve the residents of the
immediate neighborhood and the surrounding community. Such accessory
commercial uses shall be reasonably compatible with and shall not
exceed 10% of the land area of the subdivision with which they are
associated.
(t)
The dimensional regulations for single-family attached, detached
or semidetached dwellings, two-family dwellings, multifamily dwellings,
multi-product plans or planned residential developments within any
area designated on the illustrative site plan for combination residential
land use shall be in accordance with the following table:
[3]
Minimum side-yard setback.
[a]
Single-family: five feet.
[b]
Multifamily dwelling (two stories or less): 10
feet.
[c]
Multifamily dwelling (three stories or more): 20
feet.
Note: side yards shall not be applicable to individual units
within townhouses, two-family dwellings, triplexes, fourplexes, patio
home buildings or the like.
[4]
Minimum rear-yard setback: 25 feet between single-family dwellings
or when multifamily abuts single-family or single-family abuts nonresidential;
20 feet when multifamily abuts nonresidential; otherwise, 10 feet;
garages, carports or similar structures may encroach up to nine feet
into the rear-yard setback area. (NOTE: Garages of single-family detached
and townhouse (row house) may be located on the rear lot line and
accessed by a line or alley system.)
[6]
Maximum impervious surface coverage (includes building, parking
and sidewalks):
(3)
Uses by right, business land use category.
(a)
Any use that as of January 1, 2009, is allowed by right or by
conditional use approval in the C-1 General Commercial District;
(b)
Any use that as of January 1, 2009, is allowed by right or by
conditional use approval in the C-2 Convenience Commercial District;
(c)
Any use that as of January 1, 2009, is allowed by right or by
conditional use approval in the I-1 Light Industrial District, excluding
truck terminal (which for purposes hereof shall mean an area predominately
used for parking, storing or servicing trucks, including tractor trailer
units), correctional institution and adult business;
(d)
Any use that as of January 1, 2009, is allowed by right in the
BPD Business Park Planned District;
(e)
Nursing home or hospital as a permitted use so long as the standards and criteria set forth in § 240-28C(3) are met;
(f)
Planned shopping center as a permitted use so long as the standards and criteria set forth in § 240-28C(4) are met;
(g)
Mixed use;
(h)
Self-storage facility as a permitted use as long as the standards and criteria set forth in § 240-28C(10) are met;
(i)
Parking garage or structure (above or below ground);
(j)
Communication facilities, subject to the express standards and criteria stated in § 240-55 of this chapter, except that the requirement of § 240-55I that self-supporting towers be sited no closer than 1,000 feet to any recorded plan of subdivision shall not be applicable to such towers in the IHPD; and
(k)
Public grounds and public uses.
The dimensional regulations for any area designated on the illustrative
site plan as business land use category, as well as any nonresidential
uses permitted in the combination residential land use category, shall
be in accordance with the following:
[1]
Minimum lot width at front-yard setback: 80 feet.
[2]
Minimum front-yard setback.
[a]
Office: 30 feet.
[b]
Flex-space building not facing residential use:
25 feet.
[c]
Flex-space building facing residential use: 50
feet.
[d]
Warehousing/manufacturing not facing residential
use: 25 feet.
[e]
Warehousing/manufacturing facing residential use:
50 feet.
[f]
All other nonresidential uses: 20 feet.
[3]
Minimum side-yard setback.
[a]
Office not abutting residential use: 20 feet.
[b]
Office abutting residential use: 50 feet.
[c]
Flex-space building not abutting residential use:
15 feet.
[d]
Flex-space building abutting residential use: 50
feet.
[e]
Warehousing/manufacturing not abutting residential
use: 15 feet.
[f]
Warehousing/manufacturing abutting residential
use: 100 feet.
[g]
All other nonresidential uses not abutting residential
use: 10 feet.
[h]
All other nonresidential uses abutting residential
use: 25 feet.
[4]
Minimum rear-yard setback.
[a]
Office not abutting residential use: 25 feet.
[b]
Office abutting residential use: 30 feet.
[c]
Flex-space building not abutting residential use:
10 feet.
[d]
Flex-space building abutting residential use: 50
feet.
[e]
Warehousing/manufacturing not abutting residential
use: 15 feet.
[f]
Warehousing/manufacturing abutting residential
use: 100 feet.
[g]
All other nonresidential uses not abutting residential
use: five feet.
[h]
All other nonresidential uses abutting residential
use: 30 feet.
[6]
Maximum building coverage: see maximum impervious surface coverage.
[7]
Maximum impervious surface coverage - includes building, parking,
and sidewalks: 85%, based on the area of all land, net of road right-of-way
area and public utility easements identified on the illustrative site
plan as nonresidential land use category.
(4)
Mixed use.
(a)
Any combination of uses permitted in either the residential
land use category or nonresidential land use category shall be permitted
by mixed use.
(b)
The minimum parcel size for a mixed use shall be three acres.
(c)
The maximum height for any mixed use building shall be 75 feet,
or six stories, and so-called "zero-lot-line plans" shall be permitted
within a mixed use. Area, bulk and dimensional requirements otherwise
set forth in this section shall not apply to a mixed use, but such
standards shall be established in light of the intent of this section
for each parcel designated for mixed use by the Board of Supervisors
at the time of submission of the site plan for the parcel.
(d)
Driveways, streets, roads, alleys and ring roads located solely
within the IHPD District and designed to be internal to mixed use
areas may be designated as private streets.
(e)
Each mixed use shall designate at least 10% of its gross area
for open spaces, such as plazas, courtyards and sitting areas; all
such open space shall be privately owned and maintained unless specifically
accepted for public dedication by the Board of Supervisors.
(5)
Gross residential density. Gross density of all residential uses
across the entire IHPD shall not exceed 2.25 units per acre of land
within the large site shown on the illustrative plan. For example,
if the illustrative site plan depicts a large site having a total
area of 500 acres, then the maximum number of residential units that
may be developed is 1,125 (500 by 2.25). The maximum number of units
may then be spread or clustered throughout the entire IHPD so as to
achieve the intent of this section and may exceed density limitations
set forth elsewhere in this chapter, so long as appropriate buffering
and protections for existing developed land adjoining the IHPD is
provided by the developer.
(6)
Comparable uses. Comparable uses not specifically listed, as determined
by the Board of Supervisors in accordance with the following criteria:
(7)
Conditional or special exception uses. For purposes of this section, whenever a use listed as a "use by right" in a land use category authorized in an Interstate Highway Planned Development District (IHPD) has a cross-reference to specific criteria for a conditional use or use by special exception in § 240-23, the use by right shall be further subject to those criteria; however, the conditional use approval process for the IHPD shall supersede and replace the approval process otherwise required by § 240-23 for the individual conditional use or use by special exception. If a use by right listed in a land use category in an IHPD does not contain a cross-reference to the criteria for a conditional use or use by special exception in § 240-23, the criteria applicable to any such individual conditional use or use by special exception specified in § 240-23 shall not apply to that use by right listed in a particular land use category in an IHPD without such a cross-reference
(8)
Outdoor activities or uses. The display or storage of merchandise or seating out of doors is permitted within the IHPD District; provided, however, that the storage of merchandise (but not its display for sale) shall be subject to the screening standards and criteria of § 240-86C of this chapter.
(9)
Prohibited uses. Notwithstanding anything in this section to the
contrary, the following uses are prohibited within the IHPD District:
(a)
Adult business;
(b)
Tattoo parlor;
(c)
Sexual encounter center;
(d)
Sale, display or activities involving lewd material;
(e)
Any mobile home park, trailer court, labor camp, junkyard, or
stockyard (except that this provision shall not prohibit the temporary
use of construction trailers during periods of construction, reconstruction,
or maintenance); and
(f)
Any dumping, disposing, incineration or reduction of garbage.
G.
Parking.
(1)
Unless otherwise specified in this section, parking within the IHPD shall be in accord with Article IX of this chapter. Specific variations from Article IX of this chapter are:
(a)
Multifamily (including garden apartments or townhouses), one-bedroom
unit or studio: 1.5 spaces plus one additional space for every 20
units;
(b)
Multifamily (including garden apartments or townhouses), two-bedroom
units: 1.75 spaces plus one additional space for every 20 units;
(c)
Multifamily (including garden apartments or townhouses), three-or-more-bedroom
units: two spaces plus one additional space for every 20 units;
(d)
Restaurants (all categories): one space per 100 square feet;
(e)
Banks and financial offices: one space per 300 square feet;
(f)
Automobile repair and fuel sales: one space per 300 square feet;
(g)
Hotel, motel, inn: one space for each guest unit plus one space
for each 100 square feet of net floor area devoted to meeting rooms
and/or ballrooms;
(h)
Convenience store (including automobile repair and fuel sales):
one space per 300 square feet;
(i)
Hospitals: one space for every two beds plus one space for each
staff or employee on peak shift;
(j)
Flex-space building: two spaces per 1,000 square feet.
(k)
Warehouse: one space per 4,000 square feet of floor area;
(l)
Outdoor seating areas: 50% of the required parking for the principal
use; and
(m)
Drive-through facilities: five stacking spaces each not more
than 20 feet in length to the first window in each lane designated
for the exchange of money between the customer and the business.
(2)
Shared parking shall be encouraged throughout the IHPD and parking
garages or structures are permitted throughout the IHPD. Shared parking
areas may be located on adjoining separate properties or on a single
site and, when on adjoining separate properties, shall be designed
to allow for logical interconnections between the abutting properties
as well as provide convenient pedestrian connection between the properties.
(3)
The number of shared parking spaces within an IHPD shall be subject
to review and final approval by the Township's Board of Supervisors,
evidenced by recorded legal agreements and/or cross-access easements
or other suitable legal mechanisms, and shall be determined by calculation,
utilizing the following formula: First calculate the total parking
required using the above guidelines for all permitted uses that are
seeking a shared parking arrangement. Once the gross number of spaces
is calculated, divide by the corresponding (or lesser of three or
more) factor below to get the minimum parking requirement. Lodging
is considered "hotel, motel, inn."
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A.
Purpose. It is hereby declared to be the purpose of this section
to declare the development of oil and gas as a conditional use within
the designated overlay zoning district established herein while excluding
surface operations in designated areas of the Township.
B.
Creation of overlay district. Cecil Township hereby creates the following
zoning overlay district in order to designate the areas within the
Township in which oil and gas development may be permitted as a conditional
use.
(2)
In the event that a homeowner or occupant of a dwelling other than
a school district authorizes drilling activities within the overlay
district, homeowners/occupants may authorize the waiver of the parameters
of the drilling overlay district consistent with Pennsylvania law.
The waiver by the homeowner/occupants of the dwelling and acceptance
of the waiver by the Board of Supervisors shall not be read as an
approval of drilling activities at the proposed location. Applicant
must still receive conditional use approval prior to commencement
of operations.
C.
Interaction with other ordinances. Any and all other ordinances and/or
resolutions of Cecil Township, whether presently in effect or enacted
in the future, that concern oil and gas development activities within
Cecil Township, including but not limited to oil and gas wells, compressor
stations and processing plants, shall be read in conjunction with
this section such that this section establishes the areas in Cecil
Township where those installations may be situated.
