Township of Warminster, PA Residential Uses.

The impervious coverage of each lot shall not exceed 45% of the net lot area. At the time of land development approval, the applicant shall not exceed 40% impervious coverage of the net lot area. An additional 5% impervious coverage shall be held in reserve for each lot for use by the homeowner.

The total impervious coverage of the net tract area shall not exceed 50% of the net tract area.

Building height. The maximum height for any building shall be 35 feet, not exceeding 2.5 stories.

Density. The maximum permitted density shall be 2.6 dwelling units per gross tract acre.

Open space.

At least 20% of the gross tract area shall be devoted to permanent open space. If more than one requirement exists for open space, the standard requiring the higher level of open space protection shall be followed.

Chapter 22, Subdivision and Land Development, permits stormwater management facilities be included in the minimum required open space subject to the provisions of this chapter, the approval of the Board of Supervisors, and subject to the stormwater management facilities located in open space not exceeding 25% of the required open space. The applicant may locate stormwater management facilities in more than 25% of the required open space if a fee in-lieu-of open space is provided.

Bufferyards.

A bufferyard not less than 35 feet in width shall be provided along all tract boundaries measured from such lot line or from the street line where a street constitutes the tract boundary, in accordance with the requirements of Part 20, § 27-2006, Bufferyards, except that bufferyards in an SFBD cannot be located within the required front, side or rear yard setbacks.

If the provided bufferyard exceeds 35 feet in width, the areas of greater width can be counted towards the minimum open space requirements if they are adjacent to an open space area which meets the requirements of Part 21, § 27-2102, Open space requirements, and Chapter 22, Subdivision and Land Development.

If the provided bufferyard is less than 50 feet in width, a completely planted landscape screen shall be planted within the buffer in accordance with the following requirements:

Canopy trees: one tree per 40 linear feet of tract boundary.

Evergreen trees: one tree per 30 linear feet of tract boundary.

Flowering trees: one tree per 30 linear feet of tract boundary.

Shrubs: three shrubs per 20 linear feet of tract boundary.

(e)

Herbaceous perennials: 10 plants per 20 linear feet of tract boundary.

In addition to the buffer plantings, fencing and landscaping berms shall be provided at locations along tract boundaries as deemed necessary by the Board of Supervisors. Fencing shall be in accordance with the requirements of Part 20, § 27-2018, Fences. Berming shall be designed so as not to adversely affect site drainage or drainage occurring from off-site drainage area on adjacent properties.

The buffer shall be controlled and maintained by a homeowners' association.

Utilities. SFBD developments shall be served by public water and sewer. All utilities shall be underground.

Fencing. Where required by the Board of Supervisors, fencing of sufficient height and material to constitute an effective visual screen shall be provided along all tract boundaries, in accordance with the requirements of Part 20, § 27-2018, Fences.

Accessory structures. All accessory structures must be located behind the principle building in the rear yard. The structure must be five feet off the side yard and rear yard property line.

Uncovered, unenclosed patios or decks may not extend more than 15 feet into a required rear yard.

§ 27-1707 Use 5, two-family dwelling.

[Ord. No. 762, 5/7/2020]

Two-family dwelling: a semidetached dwelling unit having only one wall in common with another dwelling unit, with no more than two dwelling units per structure.

§ 27-1708 Use 6, single-family attached dwelling (townhouse).

[Ord. No. 762, 5/7/2020]

Single-family attached dwelling (townhouse): a dwelling unit attached to one or more other dwelling units, all units having separate grade-level entrances, and all units being separated from each other by vertical party walls running from grade to roof with no offsets at floor levels, constructed in accordance with the Warminster Township Building Code and other ordinances of Warminster Township. No single townhouse building shall consist of more than seven units.

§ 27-1709 Use 7, multifamily dwelling (apartment, garden apartment).

[Ord. No. 762, 5/7/2020]

Multifamily dwelling (apartment, garden apartment): a dwelling designed and occupied exclusively as a residence and containing two or more dwelling units that may have individual outside entrances or unit entrances from a common entryway. When used in the AQC Age Qualified Community District, there shall be a maximum of four connected dwelling units which shall be arranged in a rectangular pattern.

§ 27-1710 Use 8, mobile home park.

[Ord. No. 762, 5/7/2020]

Definitions. The following definitions shall apply to the mobile home park use:

COMMON OPEN SPACE

A parcel or parcels of land or an area of water or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities.

LANDOWNER

The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to experience the rights of the landowner or other person having a proprietary interest in the land.

MOBILE HOME

A transportable, single-family dwelling intended for permanent occupancy, contained in one unit or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.

MOBILE HOME LOT

A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.

MOBILE HOME PAD

A concrete pad at least six inches in thickness of 4,000 psi concrete with six inches of stone base on compacted subbase with at least six tie-down rings to which the mobile home shall be secured and at least equal in length and width to the dimension of the mobile home to be placed thereon. The space between the base of the mobile home and top of the concrete pad shall be completely enclosed, except for approved vents, by means of skirting of compatible material and design around the outside perimeter or by means of a cinder or concrete block skirt.

MOBILE HOME PARK

A parcel or contiguous parcels of land which have been so designated and improved that they contain two or more mobile home lots for the placement thereon of mobile homes.

Application procedure. An application for development of a lot or parcel of land for mobile home park purposes shall be made and approved or approved as modified before any zoning permit for such use shall be issued. Chapter 22, Subdivision and Land Development, Part 7, Mobile Home Parks, of the Code of the Township of Warminster shall govern the processing of all applications for mobile home park development and is accordingly incorporated herein by reference in its entirety.

Approval. In addition to the requirements contained in Chapter 22, Subdivision and Land Development, Part 7, Mobile Home Parks, an applicant for preliminary or final approval of a mobile home park shall meet the following requirements:

Access. Provisions shall be made for safe and efficient circulation to and from public streets and highways serving the mobile home park development without causing interference or confusion with the normal traffic flow.

Site drainage requirements. The ground surface on all parts of every mobile home park shall be graded and equipped to drain all surface water in a safe, efficient manner in accordance with Chapter 22, Subdivision and Land Development, and Chapter 26, Water and Stormwater Management.

Mobile home park street system. All streets shall be constructed in accordance with the Township specifications applicable to public streets in conventional residential developments.

Management office. A mobile home park shall permit one management office which shall conform to the applicable dimensional requirements of Chapter 22, Subdivision and Land Development.

§ 27-1711 Use 9, mixed-use development.

[Ord. No. 762, 5/7/2020]

Development requirements for this use are set forth in § 27-503 of this chapter.

§ 27-1712 Use 10, transit-oriented development (TOD).

[Ord. No. 762, 5/7/2020]

Purpose and intent. The intent of the Township in permitting development pursuant to this section is as follows:

To provide for an intensity and type of residential land use that is compatible with and supportive of the use of public transportation.

To recognize the publications of the Delaware Valley Regional Planning Commission (DVRPC) that support transit-oriented development around rail facilities that encourage use of public transit opportunities.

To encourage redevelopment of obsolete or vacant properties which are strategically located in close proximity to fixed-rail passenger stations.

To provide for flexibility in lot sizes, setbacks, and other area and bulk requirements so that imaginative and innovative designs can be developed.

To encourage mixed-use development consistent with traditional neighborhood design.

To ensure that mixed-use development is consistent in character in its residential and nonresidential components.

To encourage the provision of a pedestrian environment and to promote a pedestrian orientation of buildings and streets.

To encourage development that includes open and recreational spaces as focal points.

Use regulations. TOD development shall be permitted on those tracts within 1,000 feet of an existing or proposed commuter rail station and/or support parking lot for such station when authorized as a conditional use by the governing body. The following uses are permitted when authorized as a conditional use:

Multifamily dwelling.

Single-family attached dwelling (townhouse) (Use 5), provided that no single building may consist of more than 12 dwellings.

Mixed-use buildings, provided the uses within such buildings are individually permitted elsewhere in this section.

Business or professional office (Use 25) or governmental office (Use 51).

Retail and consumer service uses; retail shops and stores (Use 27); service businesses (Use 28); banks and savings and loan associations (Use 29); restaurants (Use 30) (provided that takeout service shall be permitted).

Day-care center (Use 17) (except that nursery school or kindergarten shall not be permitted).

Parking facilities, including structured parking, to serve the TOD development.

Playgrounds, parks, tot-lots, community centers, clubhouse, recreation center, swimming pools, plazas and open spaces to serve the residents of the TOD development.

Accessory uses as follows:

Guard house and/or entrance gates, management office, garage for storage of vehicles or maintenance equipment and materials.

No-impact home-based business (Use 70).

Clubhouse, including fitness center, activity rooms, kitchen, craft or card rooms, lounges or similar facilities limited to use by residents of the TOD and their invited guests.

Covered walks and passenger shelters.

Uses and structures customarily incidental to a permitted use.

Forestry uses in accordance with Section 603(f) of the Municipalities Planning Code, 53 P.S. § 10603(f).

Development standards.

General.

A portion of a TOD tract must be within 1,000 feet of an existing or proposed commuter rail station and/or support parking lot for such station. The 1,000 feet shall be measured from the nearest property line of the TOD to the nearest property line of the commuter rail station property.

Tract area. The minimum gross area of the tract shall be 15 acres.

Tract width. The minimum tract width at any point shall be 250 feet, with a minimum of 250 feet of frontage along an arterial street, as designated in the Warminster Township Comprehensive Plan 2004 Update.

Water and sewer. TOD developments shall be serviced by public water and sewer.

The tract to be developed shall be in one ownership or shall be the subject of an application filed jointly by the owners of the entire tract under consideration.

TOD developments shall be designed to be compatible in their residential and nonresidential components in terms of architecture, building materials, massing and scale.

Density, mix and tract-wide area and bulk requirements.

The maximum residential density for a TOD development shall not exceed 14 dwelling units per gross acre measured over the entire TOD tract.

All TOD developments shall provide a mix of residential uses, nonresidential uses and open space. The area devoted to residential uses shall be no less than 70% of the gross building square footage. The area devoted to nonresidential uses shall be no less than 30% of the gross building square footage.

Where there exists a retail or commercial center which is contiguous and which is provided with pedestrian link(s) to the TOD tract, then the sum of both tracts may be utilized in determining the area devoted to nonresidential uses, provided that all parcels are subject to an approved pedestrian link and streetscape beautification plan. An appropriate declaration shall be recorded identifying all relationships and restrictions between the parcels. In no event shall this option count for more than 1/2 of the required nonresidential component.

The area devoted to open space shall be no more than 30% and no less than 20% of the total tract area.

A distinct calculation shall also be required for common open space uses. See § 27-2102 herein for method of calculating the area and location of required common open space uses.

Building and impervious coverage. The maximum building coverage shall not exceed 30% of the tract area. The total impervious surfaces, including buildings, shall not exceed 70% of the tract area.

Tract setback requirements:

External roads. Buildings shall be set back a minimum of 100 feet, and parking areas shall be set back a minimum of 65 feet from external road rights-of-way.

Parking situated within the 100-foot front yard shall be provided with a wall, hedge or earthen mounds to a minimum height of three feet, six inches positioned between the edge of paving and the adjacent road frontage.

Other external property lines. Buildings shall be set back a minimum of 50 feet. Parking shall be set back a minimum of 25 feet, although this shall be reduced to five feet for parking where properties abut railroad tracks, rail passenger station property, or a nonresidential district.

No building or structure of any kind or parking facility shall be located closer than 50 feet to any side or rear property line adjacent to a residential district unless it abuts railroad tracks, in which case a minimum of 25 feet setback shall be provided.

Building height. The maximum height of any building or other structure erected or used for any purpose herein shall be not more than 40 feet.

Residential and mixed-use building regulations.

No individual building containing only dwellings shall contain more than 20 dwelling units or exceed a total length of 200 feet.

No individual building used for nonresidential purposes on at least one floor shall exceed a total length of 300 feet.

Building spacing. The minimum horizontal distance between facing walls of any two buildings or one building with facing walls shall be:

Fifty feet where two facing walls both contain a window or windows.

Thirty feet where two facing walls are both less than 75 feet in length, regardless of whether or not windows are present.

Forty feet for conditions not listed above.

Architectural design guidelines.

The standards set forth in Subsection 3D(2)(d) and (e) of this section shall apply to all residential buildings.

Nonresidential uses, including commercial and nonresidential parking areas.

Buildings containing nonresidential uses shall comply with the following:

The maximum floor area ratio shall be 75% of the area designated to include retail, consumer services or office land uses.

No single nonresidential use shall exceed 10,000 square feet.

For purposes of this district, separate buildings are encouraged to be attached by roofs or canopies in order to create covered sidewalks and outdoor gathering/seating areas.

Architectural design and location guidelines.

Location. All nonresidential uses and associated parking shall be generally located on a portion of the tract that is either generally centered in the tract or closest to the external roadways. Parking areas shall be screened from public street frontage to a height of not less than 30 inches using a wall or evergreen hedge.

Building orientation and entrance. Front facades of nonresidential buildings shall generally be oriented toward an internal street or driveway.

Building spacing. The distance between two or more buildings shall be a minimum of 30 feet or no less than the height of the taller building, whichever is greater, unless the buildings are attached by a roof, in which case the spacing may be reduced to 20 feet.

Walls and windows.

Blank walls shall not be permitted along any exterior wall facing an internal or external street or driveway.

Windows, dropped rooflines or architectural columns or variations greater than three feet from the wall surface or changes in wall materials shall be considered acceptable options to comply with the blank wall requirement.

The ground floor of any retail use wall facing a street or driveway shall contain windows in accordance with the following:

Front facades shall consist of at least 30% but not more than 75% window area.

Reflective glass in windows is not permitted.

(e)

Roofs. All buildings shall have pitched primary roofs with a pitch of at least six vertical inches to every 12 horizontal inches. Pitched parapet roofs shall be provided with a pitch of at least five vertical inches to every 12 horizontal inches.

(f)

Building presentation. All buildings shall provide architectural features, which shall be designed with a single unifying architectural theme and shall incorporate natural materials, neutral or pastel colors, pitched roofs, and mullioned windows. The use of porches, entrance porticos, dormers, cupolas, and other architectural details is encouraged and shall be included where appropriate. Parking lots, landscaping, and signage shall be designed to complement the architectural design.

Pedestrian and transit-oriented design elements.

Sidewalks or other walkways as deemed acceptable to the Township Board of Supervisors shall be provided along all internal streets and external streets.

Convenient pedestrian connections shall be provided from all building entrances to parking areas, open space and recreational areas, the residential uses on the tract and to the nonresidential component of the TOD tract.

Sidewalks or walkways shall connect to existing sidewalks on abutting tracts.

All sidewalks and walkways providing primary connections to off-tract trails and/or nonresidential uses shall be a minimum of five feet in width.

Site amenities, such as bicycle racks, benches, and trash receptacles, shall be provided in appropriate locations.

A walkability plan shall be provided, which shall consist of a system of sidewalks and trails which shall:

Connect all land use sections of the tract.

Provide access along or adjacent to existing street frontage to adjacent uses.

Provide a continuous link to adjacent public transit facilities.

(7)

Internal streets, alleys, and aisleways for TOD development.

Interior streets and parking aisleways which provide for two-way vehicular movement shall have a minimum width of 25 feet.

Alleys shall have a minimum width of 20 feet.

Interior streets and parking aisleways which provide for only one-way vehicular movement shall have a minimum width of 15 feet.

(8)

Access with external streets.

Each TOD property shall provide not more than two points of vehicular access per street frontage.

Access points shall be separated by a minimum of 150 feet and shall be aligned with existing roads or driveways where practicable.

Parking. Due to the transit-oriented nature of the TOD development, a reduced demand for parking is anticipated. Parking requirements are as follows:

Retail commerce, service businesses, banks and savings and loan associations: five spaces per 1,000 square feet of floor area.

Offices: four spaces per 1,000 square feet of floor area.

Restaurants (Use 30): as required in § 27-2200, Subsection 1U.

Residential: two spaces per dwelling unit (which may include one garage space), plus 1/2 space per dwelling for visitor/overflow.

General standards.

Parking areas shall be interconnected and cross-easements provided to ensure that shared use is provided.

Where the applicant can demonstrate that different nonresidential uses have differing peak parking demand periods or that other parking is available for the use, the Board of Supervisors may authorize, as part of the conditional use approval, shared parking such that the total number of spaces provided is less than the sum of the requirements of the individual uses. In no case shall this result in a total reduction of parking provided of more than 25% of that required on a nonshared basis.

On-street parallel parking may be used to meet up to 30% of the parking requirements for all uses.

Off-street parking and garages should be designed such that vehicular access does not dominate the primary internal driveway(s) or existing external streetscape. The main internal drive is the primary connecting access cartway that connects the internal driveways and parking lots to the external street system.

Loading and trash disposal.

Such areas shall be provided as needed for all nonresidential uses. Section 27-2203 of this chapter shall not apply to individual retail or office uses of less than 4,000 square feet of floor area.

Such areas shall be concealed where practicable and shall be acoustically and visually screened from view from public streets and residential land uses.

Landscaping and buffering.

Landscaping, including street trees and parking lot landscaping, shall be provided in accordance with the requirements of § 22-523 of Chapter 22, Subdivision and Land Development.

Residential elements of the TOD shall be provided with a minimum ten-foot-wide buffer strip or fence to a minimum height of six feet when adjacent to nonresidential uses outside of the TOD District.

TOD property lines adjacent to residential land uses shall be provided with a screen buffer.

Yard areas contiguous to adjacent internal streets not utilized for driveways shall be provided with not less than a fifteen-foot setback of lawns and landscaping, exclusive of sidewalks.

Common open space. A minimum of 5% of the gross tract area shall be used for common open space and recreational activities for the use of the residents of the TOD and shall be in accordance with the following standards:

Common open space for the purposes of determining compliance with this section may include central open space, plazas, active recreation areas, such as pools, walking paths, and tennis courts, formal landscape gardens, and gathering or gateway areas along or adjacent to the pedestrian link to public transit. Stormwater management facilities, individual lots for residential land uses, if provided, parking lots and driveways shall not be counted as common open space.

The common open space requirement shall be calculated on an overall tract basis, but the required common open space areas of a tract may be provided in total or in part within either the residential or nonresidential land use portion of the tract.

At least 50% of the required common open space shall be provided in the form of one or more central spaces, which shall meet any one or more of the following design options:

Village green or plaza. Each village green or plaza shall:

Be at least 10,000 square feet in size.

Have an average width of at least 75 feet.

Be surrounded along at least 45% of its perimeter by roads or common parking areas or by nonresidential or residential buildings with front facades facing the village green or plaza.

Include decorative paved surfaces for pedestrian purposes, such as walking, gathering or sitting.

Recreation center, clubhouse or similar active or passive recreation area.

Lighting.

Lighting shall be provided at intersections along all perimeter public streets, at regular intervals along interior streets and interior walkways and parking areas at spacing sufficient to provide illumination of not less than one footcandle at ground surface.

Lighting standards shall be traditional in design and consistent in style within both the residential and nonresidential areas of the TOD tract.

Residential lighting standards shall be provided with a maximum height of 14 feet, measured to the top of the light fixture.

Nonresidential lighting standards shall be provided with a maximum height of 20 feet, measured to the top of the light fixture. Fixtures shall be provided with a residential cutoff when adjacent to residential land uses within and adjacent to the TOD tract.

Section 22-524 of Chapter 22, Subdivision and Land Development, shall apply unless specifically waived or modified by the Township Board of Supervisors.

Signage. The following signs shall be permitted:

One freestanding development name sign at each street entrance, not greater than 40 square feet and not higher than eight feet above ground elevation, measured to the highest elevation of the sign.

One facade, projecting or awning sign is permitted, not greater than 20 square feet each, for each nonresidential business or use.

Directional signs, not greater than four feet each and not greater than one per acre of tract area.

Two directory signs limited to names and address of uses on the premises, not greater than 16 square feet each.

Signs are permitted to be externally illuminated only. No LED external signs are permitted.

Signs permitted in § 27-2303, Subsection 1, shall be permitted in the residential land use components of the TOD.

In the event that a portion or all of a TOD is changed to a condominium form of ownership, the condominium association documents shall be submitted to and approved by the Township Solicitor.

The open space standards of § 27-2102 shall not apply to a development in the TOD District. The minimum open space required shall be determined by the open space and common open space uses provided herein.

If the forest disturbance provision of this chapter cannot be met, mitigation of any excess clearance of forested areas would be permitted.

Application for approval.

The TOD shall be permitted as a conditional use, and application shall be made for such approval in accordance with the provisions of Part 25 of this chapter.

Such applications shall be accompanied by a conditional use plan showing the relationship among the various components of the proposed development. The conditional use plan shall be prepared at a scale appropriate to the size of the property and in sufficient detail to demonstrate that the plan complies with the requirements of this chapter. The conditional use plan shall be conceptual in nature and shall not be required to meet the provisions of a preliminary subdivision or land development plan. The conditional use plan shall include the following elements:

An existing features plan, which shall indicate the tract size, outbounds of the tract, topography, wetlands, woodlands, floodplains, recorded easements and rights-of-way and any other significant physical or man-made features existing on the tract.

A general land use plan, which shall indicate the general locations of all land uses included on the tract. The total number and type of dwelling units and the amount of nonresidential square footage shall be provided. The residential density and the overall tract intensity (building and impervious coverage) shall be provided. The plan shall indicate the location, size and height of proposed buildings within the development, the location and amount of common open space, along with any proposed recreational facilities, such as but not limited to pedestrian pathways, community greens, community centers, etc.

Conceptual architectural renderings showing the general design, scale and materials of residential and nonresidential buildings within the TOD development.

A conceptual utility plan shall be included, which shall indicate the proposed location of sanitary sewer and waterlines, along with a narrative indicating the feasibility of such facilities. The plan shall also show the approximate areas needed for stormwater management.

A traffic study shall be submitted, which analyzes the likely impacts of the proposed development at the locations of vehicular access into the tract to be developed and makes traffic improvement recommendations in accordance with standard traffic engineering procedures.

An applicant for a conditional use shall have the burden of establishing:

That the application falls within the provision of this chapter which accords the applicant the right to seek a conditional use.

That the allowance of the conditional use will not be contrary to the public interest.

Credible evidence relating to the above, as well as any specific criteria established for the conditional use within the district allowed.