[Ord. No. 8-9-2005, 8/9/2005;
as added by Ord. No. 11-11-2014, 11/11/2014]
1.
Purpose. To encourage the flexible redevelopment of vacant or underutilized
lands within the I Industrial and GC General Commercial Districts
and IC Interchange Commercial Districts to take advantage of the proximity
of Interstate 80, at its intersection with State Route 42 and State
Route 44.
2.
Applicability. The provisions of this section shall apply only to
land located within the I Industrial and GC General Commercial and
IC Interchange Commercial Districts that are located within one mile
of the intersection of Pennsylvania Route 42 and Interstate 80.
3.
Applicable Standards.
A.
Notwithstanding any other provision in this chapter to the contrary, the standards, requirements and provisions of this section shall be the only standards, requirements and provisions of this chapter that apply to flexible redevelopment and shall supersede all requirements, standards and provisions of the Subdivision and Land Development Ordinance [Chapter 22] that are inconsistent with the standards, requirements and provisions set forth in this section.
B.
For purpose of this subsection the determination of whether a provision of the Subdivision and Land Development Ordinance [Chapter 22] is inconsistent with a provision of this section rests solely and exclusively with the Township. Notwithstanding anything herein to the contrary, the provisions of the Subdivision and Land Development Ordinance [Chapter 22] and other applicable Township ordinances, rules, regulations, and resolutions relative to stormwater management, floodplain management, erosion and sedimentation controls, placement of utilities, improvements guarantees, plan submission and approval, street design and construction shall be applicable to any subdivision and/or land development pursuant to this section.
4.
Lot Size. The minimum contiguous development size in this Flex Interchange
Complex shall be 20 acres.
5.
Ownership. The Flex Interchange Complex tract shall be developed
according to a single plan with common authority and responsibility
as determined by the landowner. If more than one person or entity
has an interest in all or a portion of a tract, all persons or entities
with interests in any portion of the tract shall join as applicants
and shall present an agreement, in a form acceptable to the Board
of Supervisors, guaranteeing that the tract as a whole shall be developed
in accordance with any approval granted under this section as a single
Flex Interchange Complex with common authority and governing documents.
6.
Mixed Use Complex. The Flex Interchange Complex shall be designed
as a mixed-use facility in which complimentary commercial uses are
permitted within close proximity to one another. The development shall
be designed with a mix of commercial and/or industrial uses of various
sizes to allow diversity and flexibility with regard to land use planning
and to meet the commercial and/or industrial needs of the community.
7.
Permitted Uses. The following uses shall be permitted subject to
the conditional use requirements of this chapter within the Industrial
Zone as part of a Flex Interchange Complex Commercial within the applicable
Industrial and Interchange Commercial and General Commercial Zones.
D.
Restaurants with or without alcohol sales.
E.
Hotels and motels with or without alcohol sales.
F.
Convention centers and auditoriums.
G.
Business or professional offices.
I.
Medical offices, clinics and hospitals.
J.
Veterinary clinics.
K.
Places of worship.
L.
Governmental offices and civic centers.
M.
Banks, credit unions and other financial institutions.
8.
Required Mix of Uses. To accommodate a diversity of demand, any Flex
Interchange Complex use shall contain a mix of at least two of the
aforementioned permitted uses.
9.
Multiple Principal Uses. More than one principal use may be permitted
on a lot if those uses are within the same building and no more than
two uses total if the use is within a separate building, provided
that the other standards of this section are satisfied.
10.
Minimum Building Setbacks (see also § 27-502). All principal uses shall comply with the following setbacks:
B.
Side Yards.
(1)
Buildings (principal and accessory structures): 10 feet when
abutting a lot within the Commercial or Industrial District; 50 feet
when abutting a lot in any other zone.
(2)
Parking and/or loading areas: 10 feet when abutting a lot in
the Commercial or Industrial District; 50 feet when abutting a lot
in any other zone.
11.
Maximum Building Height. Fifty feet or four stories.
13.
Off-Street Parking Areas. Shall comply with the provisions as identified
in Part 8. All parking areas shall not be located within any public
right-of-way and shall be defined by curbs, walks, wheel stops, landscaped
strips and other divides. All parking lots shall be on the same parcel
and owned under the same ownership as the principal use within each
parcel. A landscaped strip of 10 feet wide minimum and equal to the
depth of the parking space shall be provided in parking lots of 40
or more spaces. All spaces designated as delivery truck parking shall
be 12 feet by 60 feet, all customer parking stalls shall be a minimum
of 10 feet by 20 feet with the exception of ADA parking spaces which
shall meet International Building Code standards. Required parking
lots and parking spaces shall be located within 100 feet of the principal
building or use when located on the same side of a street. The required
parking lots and parking spaces shall be located within 300 feet of
the principal building or use when linked to a defined and constructed
pedestrian walkway or sidewalk when located on the same side of the
street.
14.
Loading/unloading areas shall be provided in accordance with this
section.
A.
Loading areas shall have a minimum width of 12 feet and a minimum
length of 60 feet for tractor trailer deliveries and 12 feet wide
by 45 feet in length for uses that only require local deliveries.
Each loading/unloading space shall be of sufficient size to adequately
accommodate the use being served. For businesses that don't require
loading areas, spaces may be reserved and counted towards the loading/unloading
area.
B.
No loading/unloading area is permitted to be located within 30 feet
of any right-of-way or on the side facing a residential property or
district unless a solid masonry wall, fence or vegetative screen is
provided.
D.
No refrigerated trucks or trailers nor motor vehicles shall be permitted
to operate (engine, compressor or motor running) at any time except
when loading or unloading when situated on lands that are adjacent
to residential zoning district or an occupied residential dwelling.
15.
Drive-Through Facilities. All drive-through service shall provide
at least 60 feet of stacking space for motor vehicles. No part of
the vehicle stacking lane for a drive-through shall fall within any
public right-of-way or impede the movement of vehicles entering or
exiting a parking stall.
16.
Buffer Yards and Landscaping. Landscaping shall be permitted within the required setback areas and shall comply with the provisions as set forth in Part 5, §§ 27-506 — 27-507. In addition, the following provisions shall apply:
A.
Landscape Plan. The applicant shall provide a landscape plan as part
of the conditional use application which must be prepared under the
approval of a registered landscape architect and which will provide
for the following:
(1)
Identification and location of existing vegetation to be retained.
(2)
Type and size of proposed vegetation.
(3)
Location and specifications of lighting proposed for all portions
of the open space and roadways.
(4)
Location of proposed street landscaping and the type, size and
location of proposed street trees.
(5)
Type, size and location of landscaping for areas to be screened.
(6)
Type, size and location of parking lot landscaping to include
both common and scientific names of all proposed plant species.
(7)
All trees shall be located and chosen to avoid damage to streets,
sidewalks and curbs as the trees mature.
(8)
Proposed grading of all landscaped areas or hardscape features.
(9)
Planting details and specifications.
B.
Street Trees. Street trees shall be provided for all proposed public
streets and roads within the flex zone. Trees having, at the time
of planting, a minimum 2 1/2 inches caliper trunk diameter and
a minimum three feet above finished grade shall be placed at intervals
of 40 linear feet of road frontage. Street trees shall be drought
and disease resistant native species. In the selection of street trees,
trees with upright branching shall be selected to avoid potential
for obstructions over the cartway and walk areas. Trees recognized
as weak wooded and trees that may introduce excessive leaf litter
shall be avoided. All new street trees shall be limbed up to a height
of 4 1/2 feet above the ground level to the lowest branch.
C.
Buffer Yards and Screening. All mechanical units, loading areas, trash disposal, and exterior storage areas shall be effectively screened in accordance with §§ 27-506 — 27-507 of this chapter. The use of native and non-invasive plant material, specifically hardy, disease resistance species adaptive to urban conditions shall be selected for buffer yard and screening areas. Screening shall consist of a three-foot minimum high solid visual barrier to provide a visual barrier between parking lots, service and loading areas and interchange access roads and residential properties. No portion of the screening shall fall within any clear sight triangle. Screening may include walls, solid fences, hedges, shrubbery or in combination with earthen berms. A 30% reduction of plantings in combination with an earthen berm will be considered to provide for more naturalized screening and buffering. Buffer yard plantings shall comply with § 27-506 and consist of a mix of native trees, shrubs, ornamental grasses, perennials and/or ground cover.
D.
Interior Parking Area Landscaping. Off street parking areas shall
contain landscaped islands, landscaped peninsulas or other landscaped
areas having a total minimum of 200 square feet for every 50 spaces
or (8%) of the area occupied by parking spaces whichever is greater.
This area is not in addition to the required open space. Such landscaping
areas shall contain one 2 1/2 caliper canopy tree and a mix of
shrubs, perennials and/or ornamental grasses to adequately fill the
planting area. Perimeter landscaping along the parking lot area may
be included as part of the 8% area requirement. The utilization and
design of these planting areas for rain gardens is strongly encouraged.
17.
Streets, Driveways and Access.
A.
A traffic study shall be required and prepared by an engineer licensed
in the Commonwealth of Pennsylvania and submitted for land development
approval when the proposed development proposes in excess of 200 vehicular
trips per day.
B.
No permanent dead end or permanent cul-de-sac streets shall be permitted
unless approved by the Township.
C.
No direct access to the interchange entrance or exit ramps shall
be permitted.
D.
All streets and drives shall be designed in accordance with § 22-503 of the Hemlock Township Subdivision and Land Development Ordinance [Chapter 22] and the Pennsylvania Department of Transportation (PennDOT) materials, quantities, and methods of construction of streets or roads shall be in compliance with the applicable Township ordinances or the minimum Pennsylvania Department of Transportation standards and specifications, whichever is greater.
E.
A minimum of 300 feet from intersection of the exit/entrance ramp
and the interchange access road for new right-of-way for vehicular
access and a minimum of 800 feet from any other such right-of-way,
except when approved by PennDOT on state roads.
F.
All projects proposing access from a state or Township road shall
be submitted to the municipality and state for review and approval.
G.
All new rights-of-ways providing vehicular access to the interchange
access road shall be of a type equal to or of a lower order than the
highest order road serving the interchange.
H.
All new access drives shall be offset a minimum distance as indicated in the Hemlock Township Subdivision and Land Development Ordinance [Chapter 22].
I.
All entrance and exit drives shall be a minimum of 18 feet wide for
one-way use and a minimum of 28 feet wide for two-way use.
J.
Fire lanes may be required where deemed necessary by the Township.
18.
Utilities. The Flex Interchange Complex shall be served by community
water supply and sewage disposal. Internal sewer lines and related
infrastructure will be maintained by the development owner unless
transferred to the Hemlock Municipal Sewer Cooperative or its successor
or successors in interest with an agreement that the sewer lines and
related facilities will be maintained by the Hemlock Municipal Sewer
Cooperative. Any uses must comply with applicable regulations established
by the Hemlock Municipal Sewer Cooperative. All utilities shall be
underground unless constraints such as point of off-site service connection,
road and stream crossings or other physical site constraints which
limit construction.
19.
Site Design Standards.
A.
Where practical, the main entrance will be so located so as to be
directly across from any major outflow of traffic from other uses
so as to ensure proper traffic control and alignment. Any proposed
secondary access will not necessarily require a stoplight unless otherwise
deemed necessary by the Township Supervisors or PennDOT for the safe
flow of traffic. The developer, its successor or assigns, shall enter
an agreement with the Township whereby the developer, its successor
or assigns, shall be responsible for the costs of erection, maintenance
and replacement of all traffic control devices located at any access
point. This includes, but is not limited to, stoplights, streetlights,
traffic signage and road markings.
B.
In order to make restaurants, hotels and/or gas service stations
more accessible to the traveling public and to reduce traffic within
the development, these uses shall be located at or about the entrance
and along the perimeter of the property with any major commercial,
retail or industrial uses to be located more centrally on the developed
parcel and next to adjacent industrial uses.
C.
The lot, yard or open space requirements of the industrial districts
shall be followed for all development within the Flex Interchange
Complex.
D.
The Flex Interchange Complex shall be designed with an interconnected network of circulation road systems that facilitate vehicular and pedestrian use to be designed in accordance with the Hemlock Township Subdivision and Land Development Ordinance [Chapter 22]. An interconnected street pattern will create multiple routes within the development to ensure the free flow of traffic. The use of isolated culs-de-sac shall be avoided and shall meet the approval of the Township.
E.
A maximum of two access drives shall be permitted for each use with
exception of a shopping center or main anchor type use in which multiple
access points shall be permitted to serve the main parking lot facility.
Alternating one-way access is recommended at the parking drive aisle
entrances to minimize turning movement conflicts along perimeter access.
F.
All new lots shall abut a public or private street or right-of-way.
G.
Site lighting shall be selected that provide aesthetic interest and
energy efficient luminaries. The use of pedestrian scale light standards
to light pedestrian areas is strongly encouraged.
H.
Common Open Space. A minimum of 20% of the gross area of the development shall be designated as common open space. Within this open space a portion of said space may include utility easements and stormwater management facilities, walkways and plantings which shall be designed to provide aesthetic benefits and pedestrian connectivity. All open space shall be maintained by an established association and maintained in a manner visually pleasing to the community which will be complementary to the design of the development and structures to be constructed. (See also § 27-1501, Subsection 22.)
I.
All corner lots shall have two front yards.
20.
Pedestrian Circulation Standards. The pedestrian circulation system
shall be connected to existing external developments, existing sidewalks,
trails, or to existing roadway corridors. The pedestrian circulation
system shall include sidewalks, walking paths and bicycle lanes as
follows:
A.
In connection with review and approval of a land development plan,
the Board of Supervisors and/or Planning Commission may require that
all streets; whether adjoining public streets or streets proposed
to be developed, shall be bordered on both sides by a sidewalk, not
less than five feet in width and in compliance with the design standards
of applicable Township and County ordinances and regulations. Sidewalks
may be constructed within the street right-of-way or within the front
yard setback.
B.
Pathways or trails designed as bicycle paths should be part of the
street design at the Townships determination. Such bicycle lanes shall
meet all the standards and design criteria for safety as identified
by PennDOT and AASHTO.
C.
All sidewalks shall be constructed of a durable surface such as concrete,
asphalt, or unit pavers and shall be ADA accessible.
D.
Crosswalks shall be designed and constructed in accordance with the
Pennsylvania Department of Transportation regulations for the placement
width at intersections and ADA accessibility. Curb ramps compliant
with the U.S. Department of Transportation ADA Accessibility Guidelines
(ADAAG) latest edition and International Building Code (IBC).
21.
Architectural Design Standards.
A.
Building Exteriors.
(1)
Materials. Buildings shall have the same materials on front
and sides that face public streets. Use of preferred materials is
encouraged on the sides of any building that (a) contains the building's
main entrance and (b) faces any street that adjoins the lot on which
such building is located. Preferred materials include brick, stone,
cast stone, precast, stucco, dryvit, split face block, metals, fiber
cement siding, wood siding and materials of similar quality; provided,
however, it is encouraged that no materials that are white in color
be used. Colors such as light brown, brown, taupe, terra cotta, and
the like, are encouraged in lieu of white materials.
(2)
Scale. In order to scale down horizontally, any structure having
a gross floor area of 10,000 square feet or exceeds 45 feet in length
shall incorporate elements such as pilasters, piers, recesses, projections,
bays, offsets, or other architectural details. Such facade treatments
shall be spaced irregularly at intervals no less than 20 feet on center
and no more than 40 feet on center. Any one-story building shall be
a minimum 24 feet in height along the front elevation as measured
from the ground to the top of the parapet wall in a flat roof condition
or from the ground to the midpoint of the roof in a pitched roof condition.
The side and rear elevation of a one-story building shall not exceed
20 feet in height as measured from the ground to the top of the parapet
or mid-point of a pitched roof as the case may be.
(3)
Fenestrations. Structures shall have a minimum 30% window coverage
for ground floor facades that face a right-of-way. The side that faces
a street adjoining the lot on which such building is located should
ideally be architecturally by the use of fenestration that visually
reduces the building mass. Any windows shall be limited to 60% of
exterior surface with 15% outside visible light reflectivity value.
(4)
Variation. It is encouraged that the base of all buildings have
a color darker and of a different material texture than the body and
cap of the building, whenever different materials are used. It is
encouraged that the base not be white, but rather earth tones, such
as light brown, brown, taupe or terra cotta. For any building occupied
by more than one principal use shall include roof line off-sets of
a minimum of four feet to provide architectural interest and variety
to reduce the massing of a building and relieve the effect of a single
roof line.
(5)
Roofs. The use of preferred materials on all pitched roofs.
Preferred materials include simulated slate shingles, standing seam
metal roofs, architectural grade shingles, and materials of similar
quality. Flat roofs should be provided with a forty-two-inch or taller
parapet along the edge facing a street, highway or off-site property
to effectively screen rooftop HVAC units, pipes and stacks. All pitched
roofs must have eaves, gutters and downspouts. Eaves should extend
a minimum of two feet beyond the face of the building. This requirement
shall not apply to parapets that are pitched. No gutter or downspouts
shall discharge onto or over a sidewalk, pedestrian walkway, street
or road. Any gutter that drains roof water through a scupper shall
not discharge water directly onto a wall of the building so as to
discolor the wall.
23.
Site Lighting. Streetlighting shall be provided along the primary
pedestrian accessways and along all public roadways, sidewalks and
parking areas in order to provide for pedestrian and vehicular safety,
as well as to enhance the character of the Flex Interchange Complex.
The following provisions shall apply to lighting located within the
Flex Complex:
A.
General Lighting Standards. Light emanating from any source within
an off street area shall in no case exceed 0.5 footcandles nor introduce
in excess of 0.2 footcandles as measured on the ground surface onto
any adjacent residential property or district. Lighting shall be shielded
to provide downward throw and shall be Darksky compliant. Energy efficient
light fixtures such as LED are encouraged; however, in no case shall
high pressure sodium (HPS) be permitted. Lighting at all building
entrance and egress points shall be five footcandles, two footcandles
at all pedestrian walk crossings and in no case shall ground level
illumination be less than 0.2 footcandles in any public parking area.
(1)
Except where noted all luminaries used in outdoor lighting installations
primarily intended for illumination of horizontal surfaces shall be
cutoff luminary types. Such installations shall include, but not limited
to, the following:
(2)
Cutoff luminaries shall not be installed or subsequently placed
in a canted or tilted position that permits candlepower distribution
above the horizontal plane of the luminaire.
(3)
Light Reduction. The amount of parking lot lighting in off street
parking areas that serve any use that is open 24 hours per day shall
be reduced by a minimum of 50% from 10:00 p.m. to 6:00 a.m. prevailing
time. The amount of parking lot lighting in off street parking areas
that primarily serve any use that is not open 24 hours per day shall
be reduced by a minimum of 75% during the hours of 10:00 p.m. to 6:00
a.m. prevailing time.
(4)
Maximum Height. The maximum height of light standards shall
be 25 feet for all commercial and industrial uses measured from the
average finished grade, 12 feet for pedestrian walks and areas, and
20 feet for all other uses and applications.
B.
Street Lighting Standards. For all streets and/or pedestrian areas,
it is strongly encouraged that a decorative light standard be selected
spaced at intervals not less than 90 feet on center. Such light standard
shall define the aesthetic identity of the development and be in harmony
with all other lights proposed within the complex. All such standards
shall be reviewed and approved by the electric company providing service
and the Township.
24.
Common Open Space. Shall be in accordance with § 22-503 of the Hemlock Township Subdivision Ordinance [Chapter 22] and/ or the following provisions:
A.
A minimum of 20% of the gross acreage of land that is developed,
singly or cumulatively, and used pursuant to this section shall be
used and maintained as common open space. This common open space shall
be counted towards any total impervious area that is required for
land development.
B.
Areas of land averaging 25% or greater sloped areas, existing stream
floodways and buffers, and or wetland setbacks should be preserved
and designated as open space to the maximum extent possible to preserve
and minimize development impacts to those areas.
C.
The required common open space shall be designed and arranged in
an effort to meet the following objectives:
(1)
Protection of natural, historic, and cultural resources.
(2)
Preservation of scenic views from inside and outside the development,
from public roads and adjacent properties.
(3)
Provisions for establishing new trail system, and for new connection
to existing or future trails, greenways, bikeways, linear parks, open
space, and wildlife corridors.
(4)
Provide for regionalized stormwater and water quality measures
in a more environmentally appropriate location.
(5)
Provide a natural buffer between more intense land uses to neighboring
neighborhoods, farmland and open space.
(6)
Minimize erosion and sedimentation impacts at steep slope areas,
streams and wetlands.
D.
The required open space may or may not be accessible to the public,
however consideration should be given to provide for trails and passive
areas within the common open space areas.
E.
A portion of the common open space may be utilized for agricultural
purpose.
F.
As part of the submission of any final or preliminary land development
plan for flexible redevelopment pursuant to this section, or any phase
thereof, the developer shall provide to the Township a declaration
of covenants, easements and restrictions, which shall set forth the
ownership and maintenance responsibilities for the common open space.
G.
Stream and wetland buffers any streams and or wetlands within the
common open space area shall require a minimum one-hundred-foot buffer
both sides for impaired, high quality and exceptional value streams
and 50 feet for all others as indicated by the 25 Pa. Code, Chapter
93, "Water Quality Standards." These buffers shall be continuous along
their entire length unless where future roads or utilities warrant
a crossing.
25.
Master Concept Plan. Land development plans that are submitted for
any flexible redevelopment pursuant to this section shall include
a master concept plan that depicts generally the intended layout of
lots and buildings, streets and other improvements of the flexible
development for Township review and comment. Such master concept plan
may consist of one sheet and shall not be required to contain the
details and requirements for preliminary or final land development
plans. The master concept plan shall be provided for information and
planning purposes only and shall not bind the developer or landowner
to the uses, layout or improvements illustrated.
