The Unified Development Area (UDA) District is established for
the following purposes:
A. To provide an opportunity for integrated development of a variety
of uses according to a master development plan ("master development
plan");
B. To encourage the preservation of greenway land for conservation and
low- to medium-intensity recreation;
C. To provide opportunities for site design that conserve the natural, historical and visual resources of the tract [as defined in §
390-114B(1) below];
D. To provide opportunities for stormwater and wastewater management
facilities which promote groundwater recharge;
E. To provide flexibility in design and use of larger tracts of land
within the Township consistent with the goals and objectives of the
Township Comprehensive Plan and the County Comprehensive Plan ("Landscapes
2"); and
F. To provide an opportunity for unified and harmonious development
in order to establish continuity between uses in terms of character,
scale, building massing, internal circulation patterns and greenway
land, all of which shall be designed to prevent sprawl by concentrating
the development of the tract so as to minimize (to the maximum extent
possible) a development's visual and environmental impacts on the
Township and surrounding community and to limit the necessary infrastructure
within a development.
The following residential uses may be approved by the Board
of Supervisors as a component of a master development plan in the
UDA Overlay District, subject to the following conditions and other
conditions as warranted to secure the purposes of this article and
the public health, safety and welfare:
A. Area. The minimum area of the master development plan devoted to residential uses shall be as set forth in §
390-114B(4) above.
B. Density. Subject to compliance with the area and bulk requirements
of this article, the applicant shall have the discretion to select
one of the following density options to be applicable to the proposed
UDA development:
(1)
Option 1 (primary residential UDA development with farmstead
use; primary nonresidential development with farmstead use). If the
developable UDA tract acreage is developed as 75% or less residential
use, with the remainder of the UDA tract acreage to be utilized for
farmstead use, the permitted residential density shall be 1.40 dwelling
units per acre of developable UDA tract acreage. If the applicant
dedicates a minimum of 50% of the greenway land to the Township, then
the permitted residential density shall be 1.50 dwelling units per
acre of developable UDA tract acreage.
(2)
Option 2 (primary residential UDA development with office park/farmstead
uses). If the developable UDA tract acreage is developed as 75% residential
use, with the balance of the developable UDA tract acreage being a
combination of office park uses and/or farmstead uses, then the permitted
residential density shall be 1.00 dwelling unit per acre of developable
UDA tract acreage. If the developable UDA tract acreage is developed
as greater than 75% residential use, with the balance of the developable
UDA tract acreage being office park uses or a combination of office
park uses and/or farmstead uses, then the permitted residential density
shall be 0.75 dwelling units per acre of developable UDA tract acreage.
Irrespective of the percentage of residential use provided under this
subsection, the applicant shall be permitted an additional 0.01 dwelling
units per acre of developable UDA tract acreage for every 1% of developable
UDA tract acreage devoted to farmstead use; provided, however, that
in no event shall such density bonus result in a density of greater
than 1.25 dwelling units per acre of developable UDA tract acreage.
(3)
Option 3 (primary nonresidential UDA development with office
park/farmstead uses). If the developable UDA tract acreage is developed
as less than 75% residential use, with the balance of the developable
UDA tract acreage being a combination of office park and/or farmstead
uses, then the permitted residential density shall be 0.60 dwelling
units per acre of developable UDA tract acreage.
C. Area/bulk regulations.
(1)
Multiple-family dwellings (townhouses or quadruplexes).
(a)
Minimum lot area per dwelling unit: N/A.
(b)
Minimum lot width at building line: 20 feet.
(c)
Minimum side yard (end building only): 20 feet; 10 feet when
abutting parking area or street right-of-way.
(d)
Minimum rear yard: 30 feet.
(e)
Minimum front yard: 10 feet.
(f)
Minimum distance between buildings: See Subsection
C(5)(a).
(g)
Parking area set back from lot line or street ultimate right-of-way:
20 feet (applies to parking lots and joint parking areas not to on-lot
parking areas associated with individual driveways or garages).
(i)
Dedicated street standards: as set forth in Chapter
315, Subdivision and Land Development, of the Township's Code (with any relief from such requirements being sought thereunder).
(j)
Private street standards.
[1]
Private streets shall comply with those standards set forth in Chapter
315, Subdivision and Land Development, of the Township's Code (with any relief from such requirements being sought thereunder).
[2]
Alleys may be permitted, subject to the approval of the Township
Board of Supervisors, upon a demonstration that the proposed alleys
do not negatively impact the public safety and traffic and pedestrian
circulation. Such alleys shall meet the following criteria.
[a] Minimum alley width: 12 feet, one-directional alley;
18 feet, two-directional alley;
[b] Upright curbs shall not be permitted on alleys
except where required for drainage purposes.
(k)
Maximum impervious coverage: 50% of the lot area for each lot
containing multiple-family building(s). The calculation of impervious
coverage for the purposes of this provision shall not include impervious
coverage attributable to public sidewalks or paved public trails.
(2)
Single-family detached, semidetached or two-family dwellings.
(a)
Minimum lot area per dwelling unit: 8,000 square feet.
(b)
Minimum lot width at building line: 75 feet.
(c)
Minimum side yard: 10 feet, with minimum building-to-building
setback of 30 feet.
(d)
Minimum rear yard: 40 feet.
(e)
Minimum front yard: 35 feet.
(f)
Minimum distance between buildings: N/A.
(g)
Parking area set back from lot line or street ultimate right-of-way:
N/A.
(i)
Dedicated street standards: as set forth in Chapter
315, Subdivision and Land Development, of the Township's Code (with any relief from such requirements being sought thereunder).
(j)
Private street standards.
[1]
Private streets shall comply with those standards set forth in Chapter
315, Subdivision and Land Development, of the Township's Code (with any relief from such requirements being sought thereunder).
[2]
Alleys may be permitted, subject to the approval of the Township
Board of Supervisors, upon a demonstration that the proposed alleys
do not negatively impact the public safety and traffic and pedestrian
circulation. Such alleys shall meet the following criteria.
[a] Minimum alley width: 12 feet, one-directional alley;
18 feet, two-directional alley;
[b] Upright curbs shall not be permitted on alleys
except where required for drainage purposes.
(k)
Maximum impervious coverage: 30% of the lot area for each single-family detached dwelling unit and 50% for each single-family semidetached dwelling unit. The calculation of impervious coverage for the purposes of this provision shall not include impervious coverage attributable to public sidewalks or paved public trails. Lots containing single-family detached dwelling units may increase the impervious coverage by 20% (to an aggregate of 50% of the lot area), subject to compliance with the criteria set forth in §
390-30G(6).
(3)
Single-family garden lot.
(a)
Minimum lot area per dwelling unit: 6,000 square feet.
(b)
Minimum lot width at building line: 55 feet (40 feet minimum
width at street line).
(c)
Minimum side yard: three feet.
(d)
Minimum rear yard: 10 feet (dwelling and garage); three feet
(other buildings and structures. including fences and sheds).
(e)
Minimum front yard: 10 feet.
(f)
Minimum distance between buildings: 10 feet.
(g)
Parking area set back from lot line or street ultimate right-of-way:
N/A.
(i)
Dedicated street standards: as set forth in Chapter
315, Subdivision and Land Development, of the Township's Code (with any relief from such requirements being sought thereunder).
(j)
Private street standards.
[1]
Private streets shall comply with those standards set forth in Chapter
315, Subdivision and Land Development, of the Township's Code (with any relief from such requirements being sought thereunder).
[2]
Alleys may be permitted, subject to the approval of the Township
Board of Supervisors, upon a demonstration that the proposed alleys
do not negatively impact the public safety and traffic and pedestrian
circulation. Such alleys shall meet the following criteria.
[a] Minimum alley width: 12 feet, one-directional alley;
18 feet, two-directional alley
[b] Upright curbs shall not be permitted on alleys
except where required for drainage purposes.
(k)
Maximum impervious coverage: 30% of the lot area for each single-family garden lot. The calculation of impervious coverage for the purposes of this provision shall not include impervious coverage attributable to public sidewalks or paved public trails. Lots containing single-family detached dwelling units may increase the impervious coverage by 20% (to an aggregate of 50% of the lot area, subject to compliance with the criteria set forth in §
390-30G(6).
(4)
Additional area/bulk regulations.
(a)
The minimum horizontal distance between groups of townhouses
and attached garden lots shall be:
[1]
One and one-half times the average height of the two groups
of such buildings for front or rear walls facing front or rear walls;
[2]
Twenty feet for front or rear walls facing side walls; and
[3]
Twenty feet for side walls facing side walls.
(b)
Access shall be provided in the front of each dwelling. Parking
may be provided on the lot, as carports or garages, as an integral
part of the dwelling, or as a joint parking facility for a group of
dwellings, with such deed restrictions as are necessary to determine
ownership and maintenance of parking facilities and methods of assigning
charges for snow removal and repair.
(c)
The minimum setback of any townhouse or multifamily building
abutting a parking area or its accessway shall be not less than 10
feet.
(d)
Single-family garden lot development.
[1]
Within the three-foot minimum side yard in single-family garden
lot development, no structures other than the following shall be permitted:
HVAC equipment, upper-level building overhang not to exceed 25 square
feet, chimney projections, columns, trellises, fences or garden walls
(and in the case of a fence or wall, only where a garden lot dwelling
wall which faces the adjacent dwelling is recessed in conjunction
with a patio or deck), and any accessory structures deemed appropriate
by the Township.
[2]
Construction near lot lines or within yard.
[a] The owner of a single-family garden lot may construct
a dwelling, fence, wall, garage or other structure within 10 feet
of a lot line (a "garden lot structure"), in accordance with the Township
building permit procedure (except as otherwise permitted in this chapter),
only if:
[i]
The lot on which the garden lot structure is constructed benefits
from an easement over the adjacent lot to enable the owner to perform
maintenance or repairs to such garden lot structure, which easement
shall obligate the party exercising its rights thereunder to restore
the land disturbed by such exercise;
[ii]
Within the three-foot minimum side yard, the owner of the garden
lot structure shall be permitted to plant and maintain grass; and
[iii] The declarant, under the declaration and any
homeowners' association created pursuant thereto, shall likewise benefit
from the easements described in Subsection C(4)(d)[2][a][i] and [ii]
above.
[b] For the purposes of Subsection C(4)(d)[2][a][ii]
above, a window in a garden lot structure shall not be deemed to be
"facing" an adjacent dwelling unless the wall in which such window
is installed is parallel to either: [i] the outside wall on the adjacent
dwelling which is less than 20 feet away from the garden lot structure;
or [ii] the privacy fence between the garden lot structure and the
adjacent dwelling.
[3]
In the case where the driveway to the garage is from the alley,
then the garage entrance doors must be set back at least 20 feet from
the edge of the alley cartway. In the case of reverse-frontage lots,
each lot shall provide a rear-yard setback of 40 feet to the building
setback line. Garages, parking spaces and access alleys may be located
within the setback area where adequate landscaping and berming are
provided and access to the lots is restricted to the interior street
or rear alley.
(5)
Parking.
(a)
Minimum parking requirements. All buildings and other structures
within the residential portion of the master development plan shall
be provided with a minimum of two parking spaces per dwelling unit,
exclusive of garage spaces and on-street parking.
(b)
Shared parking. One or more parking lots may be designed to
service a group of semidetached, attached or multifamily residential
units so long as the total number of such parking spaces is no less
than 2 1/2 spaces per dwelling unit served thereby and each dwelling
unit served thereby has convenient access to the associated parking.
(c)
Paving. All required parking areas and all access drives shall
have impervious surface.
(d)
Parking within front yard. Required parking shall be permitted
within required front or side yards unless prohibited by other requirements
of this chapter.
(e)
On-street parking. On-street parking and parking in alleys may
be prohibited or restricted by the Township Board of Supervisors,
as the Township deems appropriate for public safety, traffic circulation
and/or pedestrian circulation purposes. Parking shall be limited to
one side of the street only, unless the applicant demonstrates to
the satisfaction of the Board of Supervisors that parking on both
sides of the street can be accommodated in a safe and efficient manner.
The following office park uses may be approved by the Board
of Supervisors as a component of a master development plan, subject
to compliance with the following regulations:
A. Office park use regulations. The following uses shall be permitted
in the areas of the UDA designated on the master development plan
for office park uses:
(1)
Offices or office building for administrative, executive and
professional activity, and similar activities involving the performance
or rendering of professional services, such as financial institution,
mortician, the sale of real estate and business office, including
the showing of samples, sale promotion and demonstration of equipment;
provided, however, that no merchandise shall be warehoused on the
premises for sale, exchange or delivery thereon; and further provided
that nothing herein precludes sales or manufacturers' representatives
from arranging for the sale of merchandise manufactured, fabricated
or warehoused at, or delivered to, locations outside of the UDA.
(2)
Hotel and/or conference center;
(3)
Restaurant, cafeteria or low- to medium-intensity recreational
facilities, all of which shall be designed for the comfort and convenience
of employees and all of which shall not be offered for use by the
general public;
(4)
Places of worship, churches and religious institutions, being further subject to compliance with §
390-153 of this chapter;
(5)
Public uses, structures or buildings owned, operated or subsidized
by the Township, a municipal authority organized by the Township,
an authority of which the Township is a member, or the county, including
libraries;
(6)
Educational uses, being further subject to compliance with §
390-153 of this chapter;
(7)
Low- to medium-intensity recreational facilities containing
amenities such as a golf course, swimming pool, spa, indoor track,
weight-lifting equipment, handball courts and facilities typical of
a YMCA facility;
(8)
Day-care centers accessory to principal uses;
(9)
Accessory uses, structures or buildings, provided such are clearly
incidental to the principal use.
B. Office park area, density, bulk and parking regulations.
(1)
Height. The height of any building shall not exceed 35 feet.
(2)
Area/bulk standards. An office park shall comply with the following
area and bulk standards.
(a)
Minimum lot area: two acres.
(b)
Minimum lot width: 150 feet.
(c)
Minimum building setback when abutting a nonresidential use:
15 feet.
(d)
Minimum building setback when abutting a residential use: 40
feet.
(e)
Minimum building setback from street right-of-way: 10 feet.
(f)
Minimum parking/service setback: 30 feet.*
(g)
Maximum impervious coverage: 50%.
(h)
Maximum building size: 75,000 square feet.**
*
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This requirement may be waived when shared parking between separately
owned multiple uses are contemplated, so long as the shared parking
and circulation is located adjacent to a shared common property line,
established pursuant to a shared parking agreement that is subject
to the approval of the Township. In addition, appropriate declarations
of cross easement for the benefit of each use and lot for the purposes
of parking, access, surface and subsurface utilities and stormwater
management shall be required, executed and recorded with the Chester
County Recorder of Deeds.
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**
|
An applicant can obtain a waiver from this maximum building size limitation from the Township Board of Supervisors, in its discretion, subject to the applicant establishing to the satisfaction of the Board of Supervisors that the increased building size is necessary to meet the purposes of this article, as noted in § 390-113.
|
(3)
Parking. The plan shall meet the provisions of §
390-135 of this chapter (Article
XXII, Design Standards), except that, for office park uses, the minimum shall be three spaces for every 1,000 square feet of gross leasable floor area and the parking spaces for each vehicle shall be at least nine feet by 18 1/2 feet in size; provided, however, that it shall be the applicant's burden, as part of the master development plan conditional use procedure, to present clear and convincing evidence of the actual parking needs to be generated by an office park; the Board of Supervisors shall have the authority to reduce these parking requirements based upon evidence submitted by the applicant, and/or evidence submitted by other parties to the conditional use proceeding (including any evidence presented by the Township's traffic consultant). The Board shall also have the authority to designate a portion of the parking to be reserved parking not to be constructed immediately upon development of the office park.
C. Design standards. In addition to the design standards set forth throughout
this article, office park uses shall comply with the design standards:
(1)
Roofs. All buildings within the Office Park Use shall have an appearance of pitched roofs and shall be designed in a manner consistent with the UDA architectural guidelines provided in §
390-115C(4).
(2)
Golf courses within the office park use. A golf course area may be counted toward 30% of the minimum required greenway land area. The balance of any golf course area shall be counted toward the office park use. Such golf course areas to be treated as greenway land may be comprised of tee boxes, fairways, managed roughs and greens, but shall not include cart paths, golf clubhouses or accessory buildings thereto. Such golf courses shall comply with all requirements of §
390-175 of this chapter, and the entirety of a golf course area shall be placed under a conservation easement (to which the Township shall be a third party beneficiary or party), subject to the approval of the Township Board of Supervisors, restricting the same against further land development or further subdivision.
A portion of the master development plan tract, constituting
a minimum of 30% of the adjusted tract acreage, shall be designated
as a farmstead agricultural operation. This minimum required farmstead
use may be reduced only upon waiver by the Township Board of Supervisors,
in its discretion. Only passive agricultural operations uses shall
be permitted on a farmstead, excepting that tree nurseries and sod
farms shall not be permitted. The farmstead shall be subject to a
declaration of restrictive covenants, to which the Township shall
be a party, which shall limit the uses of the farmstead in perpetuity
to agricultural or forestry uses (provided that this covenant shall
not require active agricultural or forestry uses of the farmstead
and provided that such shall be subject to the timber harvesting provisions
of this chapter), not to be further subdivided or developed except
for: (i) agricultural accessory buildings and/or farm buildings and
one single-family residence as the main house and not more than one
additional residence as a farmstead tenant house; or (ii) sewage facilities.
The declaration shall be recorded in the Chester County Recorder of
Deeds office.
A. The farmstead, as so restricted, shall qualify as greenway land in meeting the minimum greenway land requirements of §
390-115. If the farmstead has already been conserved or restricted from further development prior to submission of a conditional use application under this article, the conserved or restricted area shall not be counted toward the minimum required greenway land.
B. The maximum total building coverage permitted on an area of a property
designated for a farmstead use shall be 1.5% of the area designated
and delineated for farmstead use, and the total impervious coverage
shall be a maximum of 2.5% of the area designated and delineated for
farmstead use (excluding access driveways, public sidewalks and paved,
public trails).
Applications for adoption of a UDA and approval of the master
development plan shall meet all procedural requirements for conditional
use approval as required by the Municipalities Planning Code and this
chapter, and shall include the submission of a master development
plan and accompanying support data for the master development plan
tract, as follows:
A. Master development plan. The master development plan is a conceptual,
feasibility analysis of the manner in which the UDA ordinance will
be implemented on the master development plan tract. The base site
plan for the master development plan shall be drawn at a scale of
not less than one inch equals 200 feet and shall contain information
sufficient to assess the impact of future development of the tract,
including, but not limited to, the following:
(1)
The boundaries of each of the subdistricts within the entire
tract, including, but not limited to:
(a)
A conceptual depiction of the location and proposed use in each
subdistrict; and
(b)
Total building area being proposed, represented by the total
square footage of office and commercial buildings and total residential
dwellings.
(2)
The general vehicular and nonvehicular circulation pattern for
the entire tract, including points of access to the tract, and the
location, dimensions and rights-of-way of the major road network that
will link subdistricts.
(3)
The source of and general methods by which water shall be supplied
and sewage shall be treated and disposed.
(4)
The location and proposed use and disposition to be made of greenway land and other common areas and facilities, including the proposed schedule for the dedication and/or imposition of restrictions upon the greenway land in accordance with §
390-115.
B. Natural features analysis. In order to determine which specific areas
of the tract are suitable for development and which areas should be
preserved in their natural state, an analysis of natural features
shall be required. The following considerations must be included in
the analysis and site planning responsive to these findings:
(1)
Topography. An analysis of the terrain of the tract before construction,
including mapping of elevation and delineation of slope areas according
to the following categories: 0% to 8%, 8% to 15%, 15% to 25%, and
over 25% slope.
(2)
Drainage. An analysis of natural drainage patterns and water
resources, including streams, natural drainage swales, ponds or lakes,
woodlands and marsh areas, floodplain areas, permanent and seasonal
high-water table areas shall be included. Natural drainage features,
such as lakes, ponds and streams, shall be preserved and incorporated
into final design of the development wherever possible and desirable.
Where adequate surface drainage is not possible by grading alone,
a supplementary drainage system shall be required.
(3)
Geology. An analysis of the characteristics of rock formations
underlying the site.
(4)
Soils. An analysis of soil types present on the site, including
delineation of prime agricultural soils, aquifer recharge soils, unstable
soils, soils most susceptible to erosion, and soils suitable for development.
The analysis of soils shall be based on the County Soil Survey of
the Natural Resources Conservation Service.
(5)
Vegetation. An analysis of tree and plant cover on the site
shall be required. The location of trees and other plant cover should
be considered when planning greenway land, location of buildings,
underground services, walks and paths, paved areas and finished grade
levels.
C. Community impact analysis.
(1)
An analysis of the potential effects and impacts of the unified
development upon the following community facilities will be required:
(a)
Emergency services and fire protection;
(d)
Transportation and surrounding roadway systems;
(e)
School facilities and school district budget;
(i)
Township revenues and expenses.
(2)
Specific contents and procedures for preparing the required impact analyses shall be in accordance with Chapter
315, Subdivision and Land Development, of the West Vincent Township Code.
D. Additional information. The following additional information shall
accompany the master development plan and be made part of the application:
(1)
A narrative describing how the proposed application complies with each of the purpose statements under §
390-113.
(2)
A narrative generally describing proposed covenants, restrictions
and development standards for the unified development.
(3)
A narrative description of existing zoning and land uses on,
and adjacent to, the tract.
(4)
An inventory of historical resources and existing greenway land
and recreation areas on the tract.
(5)
A conceptual development plan with a scale of not less than
one inch equals 200 feet, showing such elements as schematic groupings
of buildings and structures (including a schedule of gross floor areas
and heights); location and schematic layout of proposed landscaped
areas; schematic provision of stormwater management facilities accompanied
by a written analysis and conclusions as to anticipated methods (prepared
by a professional engineer). These elements shall be indicated in
sufficient detail to serve as a firm commitment by the applicant with
regard to the future development of the tract and for the Board of
Supervisors and the Planning Commission to evaluate the effect of
the master development plan on the health, safety and general welfare
of the Township. A fixed and dimensional layout, showing exact building
locations, shapes, dimensions, landscape plans and subdistrict requirements,
such as is required for land development approval, shall not be required
for master development plan approval.
The following procedures shall apply to the designation of a
UDA district:
A. Application for conditional use approval. The conditional use application shall be submitted to the Board of Supervisors, together with such fee and such forms as may be prescribed by the Board, which shall, within 30 days of submission of a complete application, refer the application to the County and Township Planning Commissions as required by Article
XXVIII. Not later than 60 days after submission of the application, plans and supporting information, the Board shall hold a public hearing to consider the application, pursuant to public notice and posting of the tract as required by the Municipalities Planning Code for conditional use approval. The Board, within 45 days following the conclusion of the last public hearing, shall, by written notice to the applicant, grant or deny approval to the conditional use application.
B. Conditional use review of master development plan application. The conditional use review of the master development plan application shall comply with the procedures set forth in §
390-219 of this chapter.
C. Criteria for master development plan application review. In addition to the criteria set forth in §
390-219 of this chapter, the following criteria shall be considered by the Board of Supervisors when evaluating master development plan applications submitted under the provisions of this Article
XIX:
(1)
The natural environments of the tract, with particular reference
to preservation of streams, woodlands, Pennsylvania Natural Diversity
Index sites, woodlands and slopes in excess of 25%, protection against
soil erosion and water contamination, and provision for floodwater
and surface water runoff control.
(2)
Location of the underlying zoning districts, infrastructure
and greenway land shall take into account the following:
(a)
Suitability with respect to topography and drainage.
(b)
Compatibility with surrounding land use.
(c)
Preservation of significant natural features and vegetation.
(d)
Preservation of significant visual resources.
(3)
Consideration of traffic improvements designed to alleviate
potential vehicular traffic congestion resulting from implementation
of the master development plan, including any off-site improvements
demonstrated to be required as a result of the UDA development.
(4)
Provision for the ownership, maintenance and use of the proposed
greenway land, which will secure proper maintenance and preservation
thereof for greenway land purposes.
(5)
Preservation of historic sites and structures.
(6)
Determination of suitability with respect to each of the purpose statements under §
390-113.
D. Authority to attach reasonable conditions to approval. In approving
the master development plan application, the Board of Supervisors
may attach such reasonable conditions and safeguards, in addition
to those expressed in this article, as it may deem necessary to protect
the health, safety and welfare of the Township residents.
E. Submission of subdivision and land development plan. The developer or any successor to the developer for all or any portion of the unified development shall comply with Chapter
315, Subdivision and Land Development, of the Township's Code to the extent that chapter is not inconsistent with the approved master development plan for the unified development. Conditional use approval of the master development plan application by the Board of Supervisors will be in lieu of any other zoning or use approval otherwise required with respect to uses approved as a part of the master development plan application.
F. Building permits. The Zoning Officer shall not issue any building permits for any improvements within the UDA District until the greenway land is restricted, committed in a manner satisfactory to the Township, or offered for dedication or conveyance as provided in the master development plan application and as required by §
390-115D.
G. Vested right to proceed. The applicant or any successor to the applicant
for all or any portion of the unified development shall have a vested
right to proceed according to the master development plan application,
and no subsequent change or amendment to the zoning, subdivision and
land development ordinance, or other governing ordinance or regulation
shall be applied to affect adversely the right of the applicant or
any successor to commence or complete any aspect of the approved master
development plan application or materially increase the amount of
site improvements or the projected cost of construction of buildings
and site improvements for a period of 10 years from the date of conditional
use approval of the master development plan application.
H. Amendment of master development plan application.
(1)
Once the master development plan is approved, permits may be
issued only pursuant to approved land development plans which are
consistent with the approved master development plan.
(2)
The Board of Supervisors may permit amendment of the master development plan upon application for amendment by an applicant representing the entirety of or any portion of the unified development by following the procedures and criteria outlined in Subsections
A and
B of this section.