[Amended 11-7-2005 by Ord. No. 161; 10-18-2006 by Ord. No. 168; 3-12-2007 by Ord. No. 170; 11-9-2009 by Ord. No. 183; 10-24-2011 by Ord. No. 188; 9-17-2018 by Ord. No. 230; 6-20-2022 by Ord. No. 254]
The Unified Development District is intended to enhance the
Route 41 and Route 7 corridors, and is designed to achieve the following
purposes:
A.
Provide for more attractive and functional development;
B.
Conserve environmental resources which are sensitive to development;
C.
Encourage the creation of permanent open space and civic space;
D.
Provide an opportunity to integrate a variety of building types;
E.
Provide an opportunity for mixed-use development;
F.
Promote a gateway to New Garden Township which provides a variety
of opportunities to live, work, and play;
G.
Promote streetscape enhancements along Route 41 and Route 7 with
elements such as street trees, street lights, and sidewalks;
H.
Promote multimodal transportation connections between new uses and
residential uses and nearby urban centers in the region; and
I.
Incentivize economic development along the Route 41 and Route 7 corridors
in order to provide for a variety of uses that enhance nonresidential
and residential development.
The applicant shall demonstrate compliance with all of the following
conditions prior to the approval for any tract for development under
the provisions of this article:
A.
The tract(s) shall be located entirely within the Unified Development
(UD) District, as depicted on the New Garden Township Zoning Map.
B.
A land development plan shall be focused on the unified design for
all aspects of the project, including such features as building layout,
bulk, architectural character, parking, internal roads, thoroughfares
and accessways, utilities, open space, civic space, landscaping, natural
areas, and streetscape enhancements.
C.
Any application under this article shall demonstrate the availability
of public sewer and public water; provided, however, if the Township
and/or the owner of the public sewer system determine that public
sewer and/or public water is not available or will not be available
to serve the project within 18 months of the date of the application,
the project shall be served by an alternative sewer system and/or
water system, subject to all applicable federal, state, county and
Township laws, regulations and requirement. In all instances, the
proposed method of sewage collection, conveyance, treatment and reclamation
shall be consistent with the sewage facilities plan (537 plan) of
the Township applicable to the area within which the project is to
be located. The sewage facility shall be situated on the project site
and must be owned by the applicant or a homeowners' association,
and maintained by a licensed and qualified sewage contractor. Unless
sewage disposal is entirely subsurface (e.g., drip irrigation shall
be deemed subsurface, but spray irrigation shall not be deemed subsurface),
no sewage facilities, systems, treatment or disposal may occur in
any required open space area. A public water system and/or sewer system
shall be considered available to a project if such system is located
within 500 feet of any boundary line of the tract on which the project
is to be located.
D.
In all instances, the proposed method of sewage collection, conveyance,
treatment and reclamation shall be consistent with the sewage facilities
plan (537 plan) of the Township applicable to the area within which
the project is to be located. The sewage facility shall be situated
on the project site and shall be owned by the applicant or a homeowners'
association, and maintained by a licensed and qualified sewage contractor.
Unless sewage disposal is entirely subsurface (e.g., drip irrigation
shall be deemed subsurface, but spray irrigation shall not be deemed
subsurface), no sewage facilities, systems, treatment or disposal
may occur in any required open space area. A public water system shall
be considered available to a project if such system is located within
500 feet of any boundary line of the tract on which the project is
to be located.
E.
The project proposal shall indicate the full extent of existing dedicated
rights-of-way for all public roads in accordance with traffic studies
and Township ordinances and the applicable provisions of the New Garden
Township Subdivision and Land Development Ordinance.[1]
F.
The tract(s) shall be capable of supporting the proposed use and
shall provide safe and adequate sidewalks and pedestrian walkways
to promote and facilitate such activity.
G.
Natural features, including, but not limited to, floodplains, wetlands, and steep and precautionary slope areas shall be factors to be considered in the planning and design of future development, in accordance with Article XXII of this chapter.
H.
In order to document suitability and to ensure sensitive site design,
the applicant shall submit the following impact studies as part of
the application for any tract in excess of five acres:
(1)
Environmental impact study in accordance with § 170-20 of the Subdivision and Land Development Ordinance.
(2)
Traffic impact study in accordance with § 170-20 of the Subdivision and Land Development Ordinance.
(3)
Community impact study. A study which will sufficiently assess the
impact the proposed development will have on the Township and its
level of public services and the impact on the public school system,
and the manner in which negative impacts thereon shall be resolved
by the applicant, to enable the Board of Supervisors to determine
if the proposed development is capable of being properly serviced
by public services.
(4)
Historical resource impact analysis study. A study which determines
and identifies the location of all historic resources and structures
within 300 feet of the proposed development tract, the effect said
development will have on these resources and structures, and what
efforts the applicant will make to preserve and protect such resources
and structures.
I.
All applications for conditional use shall comply with the procedural provisions and criteria established under Article XIX of this chapter.
J.
Development within the Unified Development District shall not be
construed as, or otherwise permitted to be developed as, "planned
residential development," as defined by the Pennsylvania Municipalities
Planning Code.
A.
Uses by right. In the Unified Development District, a building or
structure may be erected, altered or used, and a lot or premises may
be used, by right, for the following uses and for no other:
(1)
Professional, business, executive or administrative office building.
(2)
Financial institutions.
(3)
Sit-down restaurant, cafe, brew pub.
(4)
New Garden Township municipal use.
(5)
Retail stores and services under 70,000 square feet of GLA or gross
floor area.
(6)
Personal service shops.
(7)
Educational use duly licensed as such by the State of Pennsylvania.
(8)
Nonprofit church or synagogue.
(9)
Recreational use such as a fitness center, skating facility, tennis
center or other sports facility.
(10)
Public recreation.
(11)
Grocery store under 70,000 square feet of GLA or gross floor
area.
(12)
Restaurant with drive-through.
(13)
Convenience store (under 8,000 square feet of GLA or gross floor
area) with gasoline pumps, subject to the following requirements:
the minimum setback for gas pumps shall be 50 feet from the edge of
any existing or proposed right-of-way; all facilities shall be state
of the art and designed to monitor and prevent leakage and/or contamination;
no more than 12 gas pumps (i.e., 24 dispensers) shall be permitted;
gasoline deliveries shall occur only during nonpeak hours; gas pumps
at convenience store(s) may only be located along or with direct access
to Route 41 or Route 7.
(14)
Movie theater under 20,000 square feet of GLA or gross floor
space.
(15)
Medical facility.
(16)
Research and development facility.
(17)
Conference facility with less than 10,000 square feet of GLA
or gross floor area.
(18)
Corporate or administrative headquarters.
(19)
Museum.
(20)
Library.
(22)
Mixed-use development consisting of more than one use permitted by right in § 200-56A, more than one of the conditional uses permitted in § 200-56B, or a combination thereof, which includes retail use(s), but subject to the following specific requirements:
(a)
The gross tract area shall contain a minimum of 10 contiguous
acres.
(b)
Shall be served by public sewer and public water.
(c)
Not more than 30%, but no less than 10% of the gross tract area,
shall be devoted to nonresidential use in a mixed-use development.
(d)
Not more than 80%, but no less than 60% of the gross tract area,
shall be devoted to residential use in a mixed-use development.
(e)
No single retail use within a mixed-use development shall exceed
100,000 square feet of interior space, inclusive of all floors.
(f)
Vertical mixed use may be integrated into a mixed-use development,
and shall include ground floor office, commercial, and/or retail use,
with second (and third floor if applicable) residential or office
use.
(g)
If a mixed-use development contains a use that is permitted
only by conditional use, such conditional use approval shall be required
only for that individual use and not for the overall mixed-use development.
(23)
For residential development of three dwelling units per gross
acre or less:
(24)
Accessory uses on the same lot customary and incidental to any
of the foregoing uses.
B.
Conditional uses. Any one of the following uses, and no other, may be permitted on a lot as a conditional use in the Unified Development Zone when authorized by the Board of Supervisors, subject to the standards set forth in this Article XI, and in Article XIX of this chapter:
(1)
Convenience store (8,000 square feet of GLA or gross floor area or
more) with gasoline pumps, subject to the following requirements:
the minimum setback for gas pumps shall be 50 feet from the edge of
any existing or proposed right-of-way; all facilities shall be state
of the art and designed to monitor and prevent leakage and/or contamination;
no more than 12 gas pumps (i.e., 24 dispensers) shall be permitted;
gasoline deliveries shall occur only during nonpeak hours; gas pumps
at convenience store(s) may only be located along or with direct access
to Route 41 or Route 7.
(2)
Planned office park.
(3)
Hotel.
(4)
Movie theater with 20,000 square feet or more of GLA or gross floor
space.
(5)
Hospital.
(6)
Light industrial park. Uses permitted within this category shall
be limited to any one or more of the following:
(a)
Professional, administrative and/or business offices;
(b)
Printing, publishing, lithograph, binding and similar processes;
(c)
Computer center;
(d)
Laboratory for testing scientific research and development;
(e)
Limited and light industrial use, including manufacturing and
assembly of novelties and other products from previously prepared
materials, jewelry, watches, clocks, utensils, optical/medical processing/applications,
assembly of previously prepared component parts and scientific instruments,
fabrication of light metals, and other light industrial uses which
do not generate heat, light, noise, dust, or emissions beyond the
confines of the structure in which they occur;
(f)
Accessory uses on the same lot customary and incidental to any
of the foregoing uses; such accessory uses shall be subject to approval
of the Board of Supervisors.
(7)
Conference facility with 10,000 square feet or more of GLA or gross
floor area.
(8)
Corporate center.
(9)
Intermediate care facility.
(10)
Skilled-nursing facility.
(11)
Live performance theatre.
The following regulations shall apply to uses by right and conditional
uses in the Unified Development District:
A.
Nonresidential uses. The following area and bulk regulations shall apply to all nonresidential uses permitted in the Unified Development District, except nonresidential in a mixed-use development as regulated by § 200-57B:
(1)
(2)
B.
Mixed-use development. The following area, bulk, density, unit composition,
and open space regulations shall apply to all mixed-use development
permitted in the Unified Development District:
(1)
Minimum lot size: 10 acres.
(2)
Minimum lot width: 200 feet.
(4)
Minimum setback from Route 41 and Route 7: 50 feet.
(5)
Maximum building coverage (gross tract area): 40%.
(6)
Maximum surface coverage (gross tract area): 70%.
(7)
Minimum nonresidential commercial area: 5%.
(8)
Minimum open space (gross tract area): 10%.
(9)
Minimum pedestrian gathering area (gross tract area): 2%, in accordance with § 200-58N(7), which may be part of the required open space.
(10)
Minimum separation distance between buildings: 20 feet.
(12)
Maximum gross density. The maximum gross density may be increased
to six dwelling units per acre for townhomes, and 15 dwellings units
per acre for multifamily dwellings if the following is proposed and
built:
(a)
If three housing types are provided, a credit of one additional
dwelling unit per acre shall be achieved above the four and eight
dwelling units per acre set forth above.
(b)
If 20% of the tract area is designated and maintained as common
TND open space 10% above the minimum required), a credit of one addition
dwelling unit per acre shall be achieved above the four and eight
dwelling units per acre set forth above.
(c)
If more than 5% of the mixed-use development site area is devoted
to and maintained for commercial use (thereby helping to promote walkability
and to minimize off-site vehicular trips), a credit of one additional
dwelling unit per acre shall be achieved above the four and eight
dwelling units per acre set forth above.
(d)
If more than 85% of all buildings are accessed from alleys and
service drives (thereby minimizing curb cuts, promoting continuous
pedestrian movement along sidewalks, and improving streetscape quality),
a credit of one additional dwelling unit per acre shall be achieved
above the four and eight dwelling units per acre set forth above.
(e)
If a park-and-ride facility is constructed, a credit of one
additional dwelling unit per acre shall be achieved above the four
and eight dwelling units per acre set forth above.
(f)
If a bus stop with a bus shelter is constructed, a credit of
1/2 additional dwelling unit per acre shall be achieved above the
four and eight dwelling units per acre set forth above.
(g)
Regardless of the menu of the five bonus categories set forth
above, the maximum gross density with bonuses shall be six and 15
dwelling units per acre.
C.
Residential uses. The following area and bulk regulations shall apply to all residential uses permitted in the Unified Development District, except residential in a mixed-use development as regulated by § 200-57A:
(1)
Single-family detached, single-family semidetached, and single-family
attached:
(a)
Maximum gross density: three dwelling units per gross acre.
(d)
Minimum depth of front yard: 20 feet.
(e)
Minimum depth of rear yard: 20 feet.
(f)
Minimum side yard for single-family detached: 10 feet.
(g)
Minimum side yard for end units of attached dwelling: 10 feet.
(h)
Minimum building separation distance: 20 feet.
(i)
Maximum number of single-family attached units in a building:
No building may contain more than five attached units.
(j)
Building height: three stories above average finished grade,
not to exceed 45 feet.
(k)
Minimum open space of gross tract area: 20%.
(2)
Multifamily dwellings:
(a)
Maximum gross density: three dwelling units per gross acre.
(b)
Minimum lot area: five acres.
(c)
Minimum lot width: 200 feet at building line.
(d)
Minimum depth of front yard: 65 feet.
(e)
Minimum depth of rear yard: 75 feet.
(f)
Minimum side yard: 50 feet.
(g)
Minimum building separation distance: 30 feet.
(h)
Building height: three stories above average finished grade,
not to exceed 45 feet.
(i)
Minimum open space of gross tract area: 20%.
D.
Conditional uses.
(1)
Unless otherwise specifically regulated by this chapter, all other
conditional uses shall have a minimum lot area of 10 acres:
The following design standards shall apply to all uses proposed
in the Unified Development District:
A.
Buffer.
(1)
In addition to any required open space area, a buffer shall be required
in accordance with the following:
(a)
There shall be a landscaped buffer of a minimum of 25 feet in
width, which shall not be considered part of the open space, located
along the perimeter of any tract located within 300 feet of existing
residential use on an abutting property. (For example, where retail
use abuts an existing residential use there shall be a landscaped
buffer of a minimum of 25 feet in width). In all other areas, the
landscaped buffer shall be a minimum of 20 feet in width.
(b)
All buffers, whether surrounding an individual use or the perimeter
of the development project, shall remain free of buildings, structures,
roadways and parking facilities, except for accessways and structures
needed for ingress and egress, and for approved signage.
(c)
The required buffer area shall be landscaped in order to create
both a buffer and visual screen from such properties.
(d)
The buffer shall consist of a combination of 60% evergreen plant
material with a minimum height of eight feet within two years of installation.
Ornamental plant materials shall be included within the landscaping
to provide seasonal color and shall include trees, shrubs, ground
cover and a berm with a minimum height of three feet.
(2)
For all other uses within this zoning district, a buffer shall be
required in accordance with the following:
(a)
There shall be a landscaped buffer, which may be part of the
required open space, of a minimum of 20 feet in width along the perimeter
of the tract where such tract borders an existing public road.
K.
Off-street parking regulations as regulated by § 200-109, except that mixed-use development may be built with 4.5 parking spaces per each 1,000 square feet of gross floor area of nonresidential use.
N.
The following design standards shall apply to all mixed-use development
as regulated by § 200-56A(26):
(1)
Access. Access to a mixed-use development shall be in accordance
with the following:
(a)
Access to a mixed-use development shall be centralized, in order
to channel traffic to optimum points of ingress and egress, as identified
by PennDOT.
(b)
Consolidation of access drives to unified development projects
on adjacent tracts shall be encouraged, particularly when adjacent
tracts are being developed simultaneously, in order to reduce the
number of new access points on roadways.
(3)
Building facade.
(a)
Rooflines of buildings shall be varied through the use of dormers,
gables, and changes in roof pitch. Variation of rooflines shall be
used to screen HVAC equipment.
(b)
A vertical expression of buildings shall be created through
the use of a facade articulation through the use of windows, doors,
pilasters, columns, colonnades, and the like.
(4)
Parking location.
(5)
Streetscape.
(a)
The streetscape shall be embellished with street trees and other
landscaping, pedestrian street lights, sidewalks and crosswalks, and
other pedestrian amenities, including benches, trash receptacles,
and bicycle racks.
(b)
One bus shelter shall be provided for any mixed-use development
of 40,000 square feet or more located along a bus route, or when determined
necessary by the Township if a bus route exists along Route 41 or
Route 7.
(6)
Pedestrian connectivity.
(a)
An interconnected network of sidewalks, walkways, and trails
shall be implemented in order to create a pedestrian circulation system.
(b)
Sidewalks and crosswalks shall be provided for connection throughout
the development.
(c)
Public pedestrian trails shall be constructed in a mixed-use
development which shall connect existing or planned, contiguous Township-owned
parkland and trails to a public street and the mixed-use development.
(7)
Pedestrian gathering areas and open space.
(a)
Pedestrian gathering areas shall be at least 3,000 square feet
in size or 2% of the gross tract area, whichever is greater.
(b)
Shade trees, plantings, benches, lighting shall be installed
and maintained in pedestrian gathering areas.
(c)
Gathering areas. Gazebos or pergolas shall be provided in appropriate
areas in order to enhance a pedestrian gathering area.
(d)
Pedestrian gathering areas shall be integrated with sidewalks
and crosswalks in the mixed-use development.
(8)
Landscaping. The following standards shall be used in preparing a
landscaping plan for any use or mixed-use development within the Unified
Development District:
(a)
The landscape plan shall be prepared by a duly licensed landscape
architect in accordance with the regulations of the Commonwealth of
Pennsylvania. Said plan shall define the type, location, and quantity
of all plant materials used. Planting methods shall be outlined.
(b)
All land area, with the exception of walks, drives, parking
facilities and service areas, shall be landscaped in a manner that
complements the architectural style of structures, provides the required
screening, and forms an attractive transition between the natural
and man-made environments of the site.
(c)
Land area occupied by trees to be preserved may not require
additional landscape treatment. The landscape plan shall incorporate
effective efforts to integrate these areas with the developed parts
of the site. Invasive species shall be removed.
(d)
Open areas on each lot, not occupied by structures, parking
facilities or walkways, shall be suitably graded, drained and landscaped
with a combination of the following: sod or seeded lawn, deciduous
shade and flowering tree species with a minimum caliper of 2 1/2
inches; evergreen trees with a minimum height of six feet; and evergreen
and deciduous shrubs and ground covers. The combination shall provide
a minimum of 40% evergreen plant material and 30% deciduous plant
material with seasonal color. The landscaping shall be designed so
as to not obscure visibility from Route 41 and Route 7 to nonresidential
buildings.
(e)
Street trees. Street trees shall be provided along all arterial
and collector streets abutting a mixed-use development, as well as
along the streetscape internal to the mixed-use development. Street
trees shall be regulated by the provisions in the Manual of Design
Standards in Appendix F[1] of the Subdivision and Land Development Ordinance.
[1]
Editor's Note: Appendix F is on file in the Township
offices.
(f)
Native species. At least 20% of the proposed plant material
shall be native plant species.
(g)
All landscaping shall be maintained in perpetuity per the approved
landscape plan, and all dead or diseased plant material shall be replaced
immediately.
The following standards, in addition to the requirements of
other Township ordinances, shall apply to the preparation of a land
development plan for any application within the Unified Development
District.
A.
A land development plan shall be prepared and submitted in accordance
with the Subdivision and Land Development Ordinance. Such plan shall
be prepared for the entire tract, and shall identify and contain:
(1)
The location, size and intended use of all existing and proposed
buildings and structures;
(2)
The proposed internal road network, including the intended function,
ownership and maintenance of each road segment, all proposed connections
to existing streets and future connections via stub roads;
(3)
The location, amount and design of all parking facilities and their
relationship to proposed uses; and
(4)
The proposed phasing of the project and an estimated time schedule
for each phase and targeted completion date.
(5)
A site plan analysis for the entire tract which shall analyze:
(a)
The natural resources of the tract and how these resources will be considered in the planning and design of the proposed project. The natural resources identified in § 200-55G shall be addressed;
(b)
An access analysis as part of a transportation impact study
shall be performed to determine the optimum point of access in terms
of safety, highway capacity and integration with existing intersections;
and
(c)
The plotting of buildings and structures on adjacent tracts
of land within 500 feet of the tract.
B.
A landscape plan shall be prepared for the entire tract in accordance with § 200-58E of this chapter.
C.
A sedimentation and erosion control plan shall be prepared for the entire tract in accordance with § 170-20 of the Township Subdivision and Land Development Ordinance and other applicable regulatory agencies.
D.
Utilities plan. A plan shall be prepared for the entire tract which
identifies the location and design of all utilities, including sewer,
water, stormwater management, and fire hydrants. Ownership and maintenance
of all utilities shall be documented in the plan.
E.
A road profile plan in accordance with § 170-20 of the Township Subdivision and Land Development Ordinance.
F.
When only a portion of a property is shown for land development,
with another portion uncertain at the time of plan submission, at
least a sketch plan depicting the proposed street network of the uncertain
portion shall be submitted.
