[Ord. No. 130, 12/9/1991;
as amended by Ord. No. 192, 9/16/2002;
and by Ord. No. 275, 10/5/2011]
(a) Environmental Protection Overlay Districts. As established through
the goals, objectives and policies of the Amity Township Comprehensive
Plan, it is essential to acknowledge environmental protection and
open space preservation. It is therefore an objective of this chapter
to incorporate the "Environmental Protection Overlay Concept" to implement
this goal.
The Environmental Protection Overlay Districts incorporated
under this Part include provisions to supplement and enhance the existing
underlying District Regulations for land areas which may encounter
certain physical limitations for development. To implement and achieve
the goals and objectives established for preserving environmentally
sensitive areas, the overlay concept has been divided into the following
individual overlay districts:
Floodplain Overlay District
|
Hydric Soil Overlay District
|
High Water Table Overlay District
|
Steep Slope Overlay District
|
Wetland Overlay District
|
The Environmental Protection Overlay Districts are an overlay
concept which supplements but does not replace the existing underlying
Zoning District Regulations. In cases where Environmental Protection
Overlay Districts overlap, the more restrictive standards and specifications
shall apply.
|
(b) Route 422 Overlay District. The intent of this Overlay District is
to:
(1)
Encourage the unified development of large parcels along the
Route 422/Benjamin Franklin Highway corridor.
(2)
Provide development flexibility and respond to market demands.
(3)
Create tax base development and job opportunities.
(4)
Provide opportunities for commercial and residential development
sufficient to meet the needs not only the local, but also of the regional
market.
[Ord. No. 130, 12/9/1991;
by Ord. No. 164, 4/26/1999]
(a) The purpose of the Floodplain Overlay District shall be an overlay
to the underlying zoning districts as illustrated on the Official
Zoning Map of the Township. As such, these provisions regulating floodplain
management shall be a supplement to the underlying zoning district
provisions.
(b) The purpose of establishing provisions for floodplain management
is to promote and protect the general health, welfare and safety of
the community, encourage the utilization of appropriate construction
practices, minimize potential hazards to public health, and reduce
financial burdens imposed on the community and government.
(c) The Amity Township Floodplain Ordinance (see Chapter
10 of the Township Code of Ordinances) has been adopted by the Board of Supervisors on December 1, 1997. The purpose, intent, application procedures, administrative controls, identification of all floodplain areas, technical provisions, permitted land uses, activities requiring special exceptions, existing or nonconforming provisions, variance procedures, technical definitions and enactment are comprehensively outlined under said Amity Township Floodplain Ordinance (see Chapter
10 of the Township Code of Ordinances).
(d) For the purposes of this chapter, all activities within the floodplain shall conform with the provisions and requirements outlined under the Amity Township Floodplain Ordinance (see Chapter
10 of the Township Code of Ordinances).
[Ord. No. 130, 12/9/1991;
as amended by Ord. No. 192, 9/16/2002]
(a) Purpose.
(1)
The areas subject to hydric soils within the Township shall
be an overlay to the existing underlying district as illustrated on
the Official Zoning Map. As such, these provisions regulating hydric
soils shall be a supplement to the underlying district provisions.
Where conflicts arise between provisions or regulations of this chapter,
the more restrictive provisions shall apply.
(2)
The purpose of establishing provisions for areas which may encounter
hydric soils is to promote and protect the general health, welfare
and safety of the community; secure environmentally sensitive lands;
encourage the utilization of appropriate construction practices; and
to minimize hazards to public health.
(b) Designation of Hydric Soil Areas.
(1)
The U.S. Department of Agriculture in cooperation with the National
Technical Committee for Hydric Soils has defined a "hydric soil" as
follows:
A hydric soil is a soil that is saturated, flooded or ponded
long enough during the growing season to develop anaerobic conditions
in the upper part.
(2)
The hydric soils which have been identified, described and delineated
within the Township by the U.S. Department of Agriculture in conjunction
with the Pennsylvania State University and Pennsylvania Department
of Agriculture in the Soil Survey of Berks County include, but are
not limited to the following:
Baile Silt (Ba)
|
Baile Stony Silt (Bd)
|
Bowmansville Silt (Bo)
|
Burgin Silt (Bu)
|
Croton Silt (CrA)
|
Croton Silt (CrB2)
|
(3)
It is the intention of this chapter, that in cases where the
Hydric Soil Overlay District overlaps the Floodplain Overlay District,
the policies, restrictions, guidelines and standards of the Floodplain
Overlay District (§ 32- 502) shall preside.
(4)
Development within areas with hydric soils shall be subject to §
32-506 (Wetland Overlay District) of this chapter.
(c) Uses Permitted by Conditional Use.
(1)
Public and private recreation uses, including parks (except amusement parks), playgrounds, picnic grounds, golf courses, driving ranges, archery ranges, target ranges, horse riding trails, hiking trails, camping, boating, fishing and hunting subject to §
32-906 of this chapter and Agricultural (General) subject to §
32-905(a) of this chapter. Notwithstanding §
32-906(c) hereof, recreation uses involving impervious cover, permanent structures, or regrading are permitted only when there is no practical alternative, as determined by the Board of Supervisors.
(d) Boundary Disputes and Appeals Procedures.
(1)
Should a dispute arise concerning the boundaries of those areas subject to hydric soil overlay controls, an initial determination of the boundaries shall be made by the Zoning Officer and/or the Township Engineer utilizing the criteria listed under §
32-503(b) (Designation of Hydric Soil Areas) of this chapter.
(2)
Any person aggrieved by this decision may appeal to the Zoning
Hearing Board as specified in this chapter.
(3)
The burden of proof shall be on the person appealing the decision
of the Zoning Officer and/or the Township Engineer.
(4)
If it is determined by the Zoning Hearing Board that the resources
which have established the Hydric Soil Overlay District are inaccurate
regarding the land in question, and that the area should not be subject
to the hydric soil controls established under this section, the Zoning
Officer and/or the Township Engineer shall be notified in writing
that the hydric soil controls will not apply to the land in question.
(5)
All boundary changes which are approved shall be made on the
map of the areas subject to hydric soil controls which is prepared
by the Board of Supervisors.
[Ord. No. 130, 12/9/1991;
as amended by Ord. No. 192, 9/16/2002]
(a) Purpose.
(1)
The High Water Table District shall be an overlay to the existing
underlying zoning district as illustrated on the Official Zoning Map.
As such, these provisions regulating high water table management shall
be a supplement to the underlying district provisions. Where conflicts
arise between provisions or regulations of this chapter, the more
restrictive provisions shall apply.
(2)
The purpose of establishing provisions for areas which may encounter
a high water table is to promote and protect the general health, welfare
and safety of the community; secure environmentally sensitive lands;
encourage the utilization of appropriate construction practices; and
to minimize hazards to public health.
(b) Designation of High Water Table Areas.
(1)
The High Water Table Overlay District shall include all areas
subject to inundation of soils which are characteristic and categorized
as being alluvial and/or as high water table soils by the Soil Survey
of Berks County, Pennsylvania prepared by the United States Department
of Agriculture (Soil Conservation Service) in cooperation with the
Pennsylvania State University and Pennsylvania Department of Agriculture.
(2)
Alluvial soils are defined as soils which have been formed in
alluvium and deposited in the past by stream or flooding conditions.
The presence of these soils is a reliable indication that heavy runoff
conditions will probably create flooding in the future.
(3)
High water table soils are defined as surface soils which are
within three feet of the seasonable high water table as described
and identified by the United States Department of Agriculture in the
Soil Survey of Berks County.
(4)
The alluvial and high water table soils which have been identified,
described and delineated within the Township by the U.S. Department
of Agriculture in conjunction with the Pennsylvania State University
and Pennsylvania Department of Agriculture in the Soil Survey of Berks
County include, but not limited to the following:
Atkins
|
Au
|
Baile *
|
Ba, Bd
|
Bowmansville *
|
Bo
|
Burgin *
|
Bu
|
Croton *
|
CrA, CrB2
|
Glenville
|
GlA, GlB2
|
Lehigh
|
LhA, LhB2, LhC3
|
Lindside
|
Lt
|
Melvin
|
Ml
|
Philo
|
Ph, Pl
|
Raritan
|
RaB
|
Readington
|
ReA, ReB2
|
Reaville
|
RlA2, RlB2
|
Rowland
|
Ro
|
Wiltshire
|
WsA, WsB2
|
*
|
Denotes that the soils group is considered a hydric soil and is subject to the provisions identified under §§ 32-503 and 32-942.
|
(5)
It is the intention of this chapter, that in cases where the High Water Table Overlay District overlaps the Floodplain Overlay District (§
32-502) and/or the Hydric Soil Overlay District (§
32-503), the policies, guidelines and standards of the more restrictive District shall preside.
(c) Uses Permitted by Right. The following uses and activities are permitted
by right in the High Water Table Overlay District provided they are
in compliance with the provisions of the underlying district and are
not prohibited by any other Township Ordinance:
(1)
General agriculture uses, subject to §
32-905(a) of this chapter.
(3)
Public and private recreation uses not involving impervious cover, permanent structures, or regrading, including parks (except amusement parks), playgrounds, picnic grounds, golf courses, driving ranges, archery ranges, target ranges, horse riding trails, hiking trails, camping, boating, fishing and hunting subject to §
32-906 of this chapter.
(4)
Woodland or game preserve, wildlife sanctuary or similar conservation
use.
(5)
Accessory uses to the above permitted uses when on the same
lot as the permitted use.
(d) Uses Permitted by Conditional Use. Public or private recreation involving permanent structures, impervious cover, or regrading are permitted only when there is no practical alternative, as determined by the Board of Supervisors and notwithstanding §
32-906(c) hereof.
(e) Uses Permitted by Special Exception. Notwithstanding §
32-906(c) hereof, the following uses are permitted in the High Water Table Overlay District when a special exception is granted by the Zoning Hearing board subject to and in accordance with Part
11 of this chapter:
(1)
Church or similar place of worship, provided an on-lot sewage
disposal system is not located on soils that are considered hydric,
alluvial or having a high water table. The proposed lot shall comply
with the area, yard and height regulations of the underlying zoning
district.
(2)
Commercial and industrial uses, such as but not limited to yard
areas, pervious parking and loading areas, pervious airport landing
strip provided that such yards are not for on-lot sewage disposal.
(3)
Public utility uses, subject to §
32-929 of this chapter.
(4)
Accessory uses and structures to the above permitted uses when
on the same lot as the permitted use.
(f) Boundary Disputes and Appeals Procedures.
(1)
Should a dispute arise concerning the boundaries of those areas subject to high water table overlay controls, an initial determination of the boundaries shall be made by the Zoning Officer and/or the Township Engineer utilizing the criteria listed under §
32-504(b) (Designation of High Water Table Areas) of this chapter.
(2)
Any person aggrieved by this decision may appeal to the Zoning
Hearing Board as specified in this chapter.
(3)
The burden of proof shall be on the person appealing the decision
of the Zoning Officer and/or the Township Engineer.
(4)
If it is determined by the Zoning Hearing Board that the resources
which have established the High Water Table Overlay District are inaccurate
regarding the land in question, and that the area should not be subject
to the high water table controls established under this section, the
Zoning Officer and/or the Township Engineer shall be notified in writing
that high water table controls will not apply to the land in question
and instructed to issue a permit to the applicant.
(5)
All boundary changes which are approved shall be made on the
map of the areas subject to high water table controls which is prepared
by the Board of Supervisors.
[Ord. No. 130, 12/9/1991;
as amended by Ord. No. 164, 4/26/1999;
and by Ord. No. 192, 9/16/2002]
(a) Purpose.
(1)
The steep slope area shall be an overlay to the existing underlying
district as illustrated on the Official Zoning Map. As such, these
provisions regulating steep slope management shall be a supplement
to the underlying district provisions. Where conflicts arise between
provisions or regulations of this chapter, the more restrictive provisions
shall apply.
(2)
The purpose of establishing provisions for areas which may encounter
steep slopes is to protect and prevent areas from increased erosion
and runoff; secure environmentally sensitive lands; encourage the
utilization of appropriate construction practices; and to minimize
hazards to public health.
(b) Designation of Steep Slope Areas.
(1)
The Steep Slope Overlay District shall include all areas where
the topography exceeds 25% in slope in pre-development conditions.
The Township, through the collaboration, implementation and adoption
of the Township Comprehensive Plan has conducted a Topographical Analysis
of the Township. As part of this Topographical Analysis, a Slope Map
was incorporated to illustrate and highlight relative areas with slopes
less than 15%; between 15% and 25%; and greater than 25%.
(2)
It is the intention of this chapter that in cases where the Steep Slope Overlay District overlaps the Floodplain Overlay District (§
32-502), the Hydric Soil Overlay District (§
32-503), and/or the High Water Table Overlay District, the policies, guidelines and standards of the more restrictive district shall preside.
(c) Uses Permitted by Right. The following uses and activities are permitted
by right in the Steep Slope Overlay District provided they are in
compliance with the provisions of the underlying district and are
not prohibited by any other Township ordinance:
(1)
General agricultural uses, subject to §
32-905(a) of this chapter.
(3)
Woodland or hunting preserve, wildlife sanctuary, or other similar
use when the uses are conducted in conformance with conservation practices
that ensure adequate protection against soil erosion.
(4)
Accessory uses to the above permitted uses when on the same
lot as the permitted use provided that the accessory use is not constructed
on slopes exceeding 25% in grade.
(d) Uses Permitted by Conditional Use.
(1)
Private and public recreation uses including horse riding trails, hiking trails, boating, fishing, camping, hunting subject to §
32-906 of this chapter. Notwithstanding §
32-906(c) hereof, recreation uses involving permanent structures, impervious cover, or regrading are permitted only when there is no practical alternative, as determined by the Board of Supervisors.
(e) Uses Permitted by Special Exception. The following uses are permitted in the Steep Slope Overlay District when a special exception is granted by the Zoning Hearing Board subject to and in accordance with Part
11 of this chapter:
(1)
Public utility uses, subject to §
32-929 of this chapter.
(2)
Accessory uses to the above permitted uses when on the same
lot as the permitted use.
(f) Development Procedures.
(1)
The Zoning Officer will advise the applicant when his property
or parcel lies within such a slope designation. The Zoning Officer
will not issue a building permit until a plan is submitted indicating,
to the satisfaction of the Township Engineer, that all potential problems
of steep slopes have been resolved.
(2)
Plans shall show existing topography, proposed structure and
building locations, streets and driveways location and grade, site
drainage, sanitary facilities, grading plan, and re-vegetation or
planting plan prepared by a registered architect, engineer, surveyor
or landscape architect. Plans shall demonstrate how the construction
methods to be utilized will overcome problems associated with stormwater
management, erosion and sediment control, wastewater treatment and
disposal, water supply, accessibility and structural stability.
(3)
Should the area designated as steep slopes be found to be inaccurate,
based on a topographical survey prepared by a licensed surveyor or
engineer, showing two feet contour intervals, then the zoning requirements
for such property shall be deemed to be the regulations of the underlying
zoning district in which the property is located.
(4)
The Zoning Officer should maintain a map or overlay including
areas of steep slopes.
(g) Boundary Disputes and Appeals Procedures.
(1)
Should a dispute arise concerning the boundaries of those areas subject to slope controls, an initial determination of the boundaries shall be made by the Zoning Officer and/or the Township Engineer utilizing the criteria listed under §
32-505(b) (Designation of Steep Slope Areas) of this chapter.
(2)
Any person aggrieved by this decision may appeal to the Zoning
Hearing Board as specified in this chapter.
(3)
The burden of proof shall be on the person appealing the decision
of the Zoning Officer and/or the Township Engineer.
(4)
If it is determined by the Zoning Hearing Board that the resources
which have established the Steep Slope Overlay District are inaccurate
regarding the land in question, and that the area should not be subject
to the slope controls established under this section, the Zoning Officer
and/or the Township Engineer shall be notified in writing that the
slope controls will not apply to the land in question and instructed
to issue a permit to the applicant.
(5)
All boundary changes which are approved shall be made on the
map of the areas subject to slope controls which is prepared by the
Board of Supervisors.
[Ord. No. 192, 9/16/2002;
as amended by Ord. No. 215, 7/5/2005]
(a) Purpose.
(1)
The areas subject to wetlands within the Township shall be an
overlay to the existing underlying district. As such, these provisions
regulating wetlands shall be a supplement to the underlying district
provisions. Where conflicts arise between provisions or regulations
of this chapter, the more restrictive provisions shall apply.
(2)
The purpose of establishing provisions for areas which may encounter
wetlands is to promote and protect the general health, welfare and
safety of the community; secure environmentally sensitive lands; encourage
the utilization of appropriate construction practices; and to minimize
hazards to public health.
(b) Designation of Wetland Areas.
(1)
The U.S. Army Corps of Engineers in conjunction with the United
States Environmental Protection Agency have defined the term "wetlands"
as follows:
"Those areas that are inundated or saturated by surface or groundwater
at a frequency and duration sufficient to support, and that under
normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions. Wetlands generally
include swamps, marshes, bogs and similar areas."
The three major characteristics of wetlands include vegetation,
soil and hydrology.
(2)
All land designated as "wetlands" within the Township are subject
to restrictions and/or permits by the Pennsylvania Department of Environmental
Protection and the United States Army Corps of Engineers.
(3)
For all subdivision and land development applications, the Township
Engineer shall determine whether a wetlands delineation will be required
by a qualified professional. Any subdivision or land development on
a property with surface water and/or hydric soils shall require a
wetlands delineation. Delineated wetlands shall be accompanied by
a technical report and data forms.
(4)
For all zoning districts, a 10 feet buffer zone shall be applied
to all areas delineated as wetlands. Within this 10 feet buffer zone
no earth disturbance will be permitted, unless in association with
wetlands disturbance activities under permit by the Army Corps of
Engineers or Pennsylvania Department of Environmental Protection.
(5)
If any provisions specified under this section are in dispute,
the applicant shall be responsible for an Army Corps of Engineers
and/or Environmental Protection Agency jurisdictional determination.
All pertinent costs incurred shall be the responsibility of the applicant
and not the Township.
(c) Uses Permitted by Right.
(1)
Natural Resource Conservation.
(2)
Unimproved Paths and Trails.
[Ord. No. 275, 10/5/2011;
as amended by Ord. No. 281, 12/5/2012]
(a) Eligibility. Use of the provisions of Route 422 Overlay may be permitted
as a development option, provided a site meets the following qualifying
criteria:
(1)
Parcels must have a minimum 300 feet of frontage along United
States Route 422/Benjamin Franklin Highway.
(2)
Parcels must have a minimum gross acreage of 50 acres.
(3)
Parcel or collection of parcels must be under a single ownership
or condominium or be the subject of an application filed jointly by
all Owners subject to agreement that development shall proceed under
single direction.
(b) Uses Permitted by Right. The following uses shall be permitted as
a single principal use or as a combination of said uses in the Route
422 Overlay District:
(1)
Bank or financial institution.
(2)
Business, professional or government office, including medical,
dental, paramedical offices and clinics.
(4)
Professional office/research park.
(5)
Retail business establishment.
(6)
Personal and household service establishment.
(7)
Indoor commercial recreation use including, but not limited
to, fitness center, indoor sports facility, bowling alley and similar
uses.
(11)
State licensed child or adult day care.
(12)
Conference center, convention center.
(13)
Drive through services for commercial operation of financial
institutions, drug stores, and retail and restaurant uses.
(14)
Nursing homes, skilled care residential facilities, assisted
living facilities, continuing care retirement communities, hospital
surgical center or other similar medical facilities.
(15)
Pharmaceutical or other manufacturing of a similar nature.
(16)
Flex office and warehouse space.
(17)
Residential uses, which shall only include townhouses, single
family semi-detached homes and apartment buildings, including age-targeted
residential units subject to the limitations herein.
(18)
A mixed use building with two or more uses listed within this
section.
(19)
Any use or accessory use of the same general character as any
of the other uses permitted in this district.
(c) Dimensional Standards.
(1)
For all nonresidential developments the following dimensional
standards shall apply:
(i)
Maximum impervious coverage: 80% of any lot.
(ii)
Maximum building coverage: 50% of any lot.
(iii) Minimum landscaped area for all uses (percentage
of lot area): 20% of any lot.
(iv)
Maximum floor area ratio: 65%.
(v)
Setback requirements (feet):
a)
From ultimate right-of-way for buildings up to 10,000 square
feet: Distance equal to the height of the building.
b)
From ultimate right-of-way for all other buildings: 50 feet.
c)
For all other external property lines: 40 feet, provided, however,
a setback(s) shall be increased to accommodate access for emergency
vehicles, if applicable.
d)
Improvement setback: 20 feet; provided, however, that retaining
walls and similar structures may be placed closer to an ultimate right-of-way
or property line if necessary for earth retention or engineering purposes.
e)
Buffer yard (depth): 20 feet.
(vi)
Maximum building height (feet):
a)
Nursing homes, skilled care residential facilities, assisted
living facilities, continuing care retirement communities, hospital
surgical center or other similar medical facilities: 50 feet, with
a maximum of four residential stories.
b)
Hotel uses: 75 feet or six stories, whichever is greater.
c)
Office and other buildings: 50 feet or four stories, whichever
is greater.
(vii) Minimum separation between principal buildings
shall be at least equal to half the height of the taller of the two
buildings, provided, however that said spacing shall never be less
than 20 feet.
(2)
For all residential uses as defined in Uses Permitted by Right,
Subsection (17) above, the following dimensional standards shall apply,
including the minimum setback for all buildings or accessory uses
from overall external tract property line shall be 40 feet.
(i)
Single Family Semi-Detached Buildings.
a)
Minimum Regulations
|
On-Lot Sewage and Water Facilities
|
Public Sewage or Water Facilities
|
Public Sewage and Water Facilities
|
---|
Lot Area*
|
2 acres
|
30,000 square feet
|
6,000 square feet
|
Lot Width*
|
150 feet
|
100 feet
|
50 feet
|
Building Setback
|
40 feet
|
40 feet
|
40 feet
|
Rear Yard
|
30 feet
|
30 feet
|
20 feet
|
Side Yard
|
30 feet
|
20 feet
|
15 feet
|
Buffer Yard (depth)
|
10 feet
|
10 feet
|
10 feet
|
b)
Maximum Regulations
|
On-Lot Sewage and Water Facilities
|
Public Sewage or Water Facilities
|
Public Sewage and Water Facilities
|
---|
Building Height
|
35 feet
|
35 feet
|
35 feet
|
Lot Coverage*
|
20%
|
30%
|
50%
|
c)
If zero lot lines are utilized, the Lot Area and Lot Width requirements
shall not apply and the Lot Coverage requirement shall apply to the
total area of the property developed with single-family semi-detached
dwellings. The distance between units and road rights-of-way shall
be the same as if lot lines are provided.
(ii)
Townhouses (public sewer and water required).
a)
Minimum Regulations.
Lot Area
|
2,000 square feet
|
Lot Width
|
20 feet
|
Building Setback
|
40 feet
|
Rear Yard
|
25 feet
|
Side Yard (end units)
|
25 feet
|
Buffer Yard
|
10 feet
|
b)
Maximum Regulations.
Building Height
|
35 feet
|
Lot Coverage
|
60%
|
The maximum number of contiguous townhouses shall be eight.
|
c)
If zero lot lines are utilized the Lot Area and Lot Width requirements
shall not apply and the Lot Coverage requirement shall apply to the
total area of the property developed with townhouses. The distance
between units and road rights-of-way shall be the same as if lot lines
are provided.
(iii) Apartment Buildings (public sewer and water required).
a) The minimum setback from a street right-of-way line
to an apartment building shall be 50 feet.
b) The minimum setback for all buildings or accessory
uses from external property lines shall be 40 feet.
c) The minimum horizontal distance between an apartment
building and another principal structure shall be 50 feet.
d) The maximum height of an apartment building shall
be 50 feet with a maximum of four residential stories.
e) The maximum length of an apartment building shall
be 150 feet.
f) The maximum impervious coverage of the area of any
property developed with apartment buildings shall be 60%.
(3)
Additional standards for residential development as defined
in Use Permitted by Right, Subsection (17) above:
(i)
The maximum area which may be developed for residential purposes
shall not exceed an area(s) equal to 40% of the gross acreage of the
gross tract area owned by developer.
(ii)
The number of non age-targeted residential units shall not exceed
six dwelling units per acre computed on the gross acreage of the area(s)
to be developed with non age-targeted residential units; the number
of age-targeted residential units shall not exceed eight dwelling
units per acre computed on the gross acreage of the area(s) to be
developed with age-targeted residential units; provided, however,
that the total combined number of age-targeted and non age-targeted
residential units shall not be greater than two units per gross acre
computed on the entire gross tract area owned by developer.
(d) Parking Requirements.
(1)
For all retail uses, including, but not limited to, indoor recreation
uses and movie theaters, five spaces per 1,000 square feet of retail
floor area.
(2)
For a hotel or motel use, 1.25 spaces per guest room.
(3)
For a restaurant not in a hotel or motel, 10 spaces per 1,000
square feet of patron area.
(4)
For a conference facility, 20 spaces for each 1,000 square feet
of gross floor area.
(5)
For a convention facility, 30 spaces for each 100 potential
daily attendees based upon permitted building occupancy. In addition,
exhibitor spaces shall be provided, separately from attendees, spaces
at a ratio of 1.5 spaces per potential exhibitor. At least 1/3 of
exhibitor spaces shall be nine feet by 36 feet; a space this size
will count as two spaces.
(6)
For an office facility, including, but not limited to, banks,
financial institutions and medical offices, four spaces for each 1,000
square feet of gross leasable area.
(7)
In the case of a unified development with efficiencies derived
by shared parking for uses having complementary peak demands, applicant
may submit parking generation data based upon the Institute of Transportation
Engineers Parking Generation Manual sufficient for the Township to
determine if a reduction in parking spaces is appropriate.
(8)
In the case of a unified development consisting solely of two
or more contiguous uses of the same general classification, where
efficiency is effected by joint use of a common parking area, applicant
may submit parking generation data based upon the Institute of Transportation
Engineers Parking Generation Manual sufficient for the Township to
determine if a reduction in parking spaces is appropriate; but in
such case, the required number of off-street parking spaces shall
not be reduced by more than 25%.
(9)
All parking spaces within the Route 422 Overlay District shall
be a size of nine feet by 18 feet excepting for a single row of parking
spaces for retail uses in Subsection (a) above, that are located immediately
adjacent to the front of any retail building or adjacent to the front
sidewalk of said building or buildings, shall be increased to 10 feet
by 18 feet. These requirements will supersede any other requirement
for parking space dimensions within the Code of the Township of Amity.
(e) Signs permitted in Route 422 Overlay District.
(1)
Freestanding signs along Route 422/Benjamin Franklin Highway
right-of-way: one for every 300 feet of frontage (or fraction thereof)
along the right-of-way with a maximum of two such signs per development.
Each sign may have a maximum area of 400 square feet, with a maximum
height of 40 feet (measured from the grade at the Route 422/Benjamin
Franklin Highway right-of-way line at the point closest to the sign
location).
(2)
Freestanding signs at vehicular entries and at the intersection
of public roads on or off-site serving as an entry to a development:
one at each entry or intersection, with a maximum area of 200 square
feet per sign and a maximum height of 20 feet.
(3)
Freestanding signs for individual buildings within the development
separated from other buildings: one per building with a maximum area
of 100 square feet per sign, and a maximum height of 20 feet.
(4)
Wall signs permitted for each building face a maximum area equal
to 25% of the area of the building face; provided, however, that in
no case shall the signage on any single building face exceed 300 square
feet.
(5)
Marquee or canopy signs: maximum of 100 square feet per street
frontage; graphic treatment on such signs shall be permitted but not
be computed as part of sign area.
(6)
For all two-sided signs in the Overlay District the area of
the one side only shall be considered for the purpose of computing
sign area.
(7)
All freestanding signs in the Overlay District shall be monument
signs and match building materials.
(f) Standards of Approval. Any application for development within the
Route 422 Overlay District shall comply with the following standards:
(1)
Master Plan with Phasing. With any development proposal in the
Route 422 Overlay District, a Master Plan shall be required to be
submitted and reviewed by both the Planning Commission and the Board
of Supervisors.
(i)
At a minimum, the Master Plan should generally represent the building masses and uses, proposed parking areas, and stormwater management locations; the Master Plan shall be used to understand the basic relationships between buildings, parking and other facilities. No engineering shall be required for the Master Plan. A Master Plan shall be reviewed in the same manner as a Sketch Plan, in accordance with the procedures of §
27-303(b) of Chapter
27, Subdivision and Land Development.
(ii)
Projected phasing shall be provided as part of the Master Plan
and shall be a general outline of the proposed timeline for developments
within this Overlay District. The phasing plan can be adjusted at
any time by the applicant without further review or approval by the
Township Planning Commission and shall be used to understand the impact
to traffic and the installation of improvements required by this development.
Required dimensional standards are not required to be met of any individual
phase, provided they are met for the overall development as verified
on the Master Plan.
(2)
After the submission and approval of the Master Plan, the developer
shall submit a preliminary and final plan for approval in accordance
with the Subdivision and Land Development Ordinance and the Zoning
Ordinance requirements of the Township.
(3)
A subdivision or land development plan which has been granted
final approval within this Overlay District is considered a flex plan.
The location of the buildings, parking and other improvements and/or
phasing may change without approval by the Board of Supervisors provided
that the modified overall flex plan meets all requirements of this
Overlay District and any conditions imposed during the final approval
process. All plan revisions are subject to review by Township staff
prior to the re-recording of the plan. To the extent the plan shall
be re-recorded, it shall be submitted to the Board of Supervisors
for approval and signature.
(4)
Where the subsequent division of a parcel, or part thereof,
into lots is required to facilitate ownership, financing or for phasing
purposes, the lots shall be exempt from provisions of the Township
Subdivision and Land Development Ordinance and this Overly District
with respect to frontage, setback, coverage, area of parcel, open
space and fee requirements, provided said requirements are met on
the overall flex plan, and further provided that a development in
this Overlay Zone provides documentation satisfactory to the Township
staff and Township Solicitor assuring the appropriate covenants are
recorded against the affected parcels requiring all parcels to be
operated and maintained in good order and repair, in a clean and sanitary
condition, uniform with the appearance and maintenance of the approved
complex and providing appropriate covenants from for driveways, access
ways and easements for shared improvement. In the event any provisions
of the Route 422 Overlay District conflict with any other provisions
of the Amity Township Zoning Ordinance, including those governing
use, frontage, setback, coverage, area of tract, open space or similar
requirements, the provisions of this Overlay District shall prevail.
(g) General Development Regulations.
(1)
Landscaping. Applicant shall comply with all landscaping requirements
of the provisions of the Subdivision and Land Development Ordinance.
(2)
The project shall be planned and constructed as a unified development,
with compatible architectural design for all components. Buildings
should be sited in a manner compatible with adjacent building, landscaping
and the streetscape. Consideration should be given to size and height
relationships with adjacent buildings, working in conjunction with
building sizes, architectural design and materials with national or
regional marketing concepts of, or for, individual users. Building
facades facing streets or on-site parking areas shall be treated consistently
within these guidelines.
(3)
All signs shall be consistent with the overall design concept
for the development and be appropriate to the type of activity to
which they pertain.
(4)
Architectural Features.
(i)
At least 60% of any building face which faces a street or on-site parking area shall contain of the following materials: wood; brick or brick face; stone or stone veneer; split-face or textured surface concrete masonry unit (CMU); stucco or synthetic stucco; or glass. The provisions of §§
32-954(e)(11), (12) and (13), 32-955(a) and 32-956(i) shall not apply to any development or building proposed hereunder. The architectural features set forth herein shall apply. Alternative materials proposed by the developer may be permitted if approved by the Board of Supervisors. LEED certified buildings are highly encouraged.
[Amended by Ord. No. 330, 12/21/2022]
(ii)
Architectural features shall be provided above the roof line
when necessary to conceal mechanical equipment from view from any
streets or on-site parking area.
(iii) The overall architectural concept for a development
shall be approved as a condition of the Flex Plan approval by the
Board of Supervisors.
(5)
Unless specifically noted otherwise, all sections under Part
9 of this chapter shall apply as supplementary guidelines and specifications for the Route 422 Overlay District.