A. 
The Route 1 Corridor is a key transportation route for both through and local traffic in the Township and the region, while also serving as an important area of historic and natural significance in the Township. The Route 1 Corridor is located within an area designated as the Brandywine Battlefield National Historic Landmark Planning Area. Together, the Route 1 Corridor and the Brandywine Battlefield National Historic Landmark Planning Area include numerous buildings that existed at the time of the Battle of the Brandywine, as well as other more recent historic resources. In addition, the Township has previously identified significant scenic resources within this area as important to preserve, including viewsheds and natural areas that serve as gateways to the Township.
B. 
The Route 1 Corridor and Brandywine Battlefield Overlay District is established to encourage the most appropriate use of lands within this important historic and scenic area by preserving historic resources, enhancing the quality and compatibility of new development; establishing consistent architectural and design guidelines; promoting the safe and efficient movement of traffic; providing for preservation of scenic vistas and viewsheds, natural areas and open character; protection of the natural and scenic gateways to the Township; and preserving property values.
The Route 1 Corridor and Brandywine Battlefield Overlay District, the boundaries of which shall be that which is designated on the Route 1 Corridor and Brandywine Battlefield Overlay District Map, has been created to further the preservation of this scenic and historic area. Goals include protecting and enhancing the historical and traditional architectural and hardscape features and preserving natural areas and scenic viewsheds.
A. 
The Brandywine Battlefield National Historic Landmark Planning Area not only includes historic resources extant at the time of the Battle, but also retains considerable landscape character reminiscent of the time of the Battle. In addition, the Pennsbury Township Route 1 Corridor Improvement Plan (2000) identifies several distinctive features and characteristics that are important to retain and upon which to base future development. Such features and characteristics include:
(1) 
Historic architecture that generally follows the English Colonial or Victorian style as defined under § 162-1207-a below.
(2) 
The natural state and open space quality of the two gateways at the eastern and western borders with the Brandywine Creek and Kennett Township, respectively, which provides visual relief between commercial areas along Route 1 (taking into consideration the Route 1 areas adjacent to the Township boundaries).
(3) 
The primary commercial area being limited to the central area of the Route 1 Corridor and maintain the visual relief between commercial areas along Route 1.
B. 
New development and redevelopment is encouraged to follow and be compatible with the existing significant features noted above, in order to maintain the historic and scenic qualities that characterize the Overlay District.
All uses permitted by right, special exception or conditional use within the underlying zoning districts shall be permitted where approved by the Board of Supervisors as a conditional use within the Route 1 Corridor and Brandywine Battlefield Overlay District. No use shall be permitted in the overlay district that is not permitted in the underlying zoning districts. All dimensional regulations, except for building setbacks as regulated below, shall be governed by the underlying zoning district.
The standards set forth in this article are applicable under the following situations:
A. 
The development or erection of any new principal structure or the establishment of any new principal use within the Route 1 Corridor and Brandywine Battlefield Overlay District;
B. 
The expansion, alteration, modification, or reconstruction of any existing use or structure for which a building permit, zoning permit, or land development approval is required.
A. 
Setbacks shall conform to requirements of the applicable underlying zoning district.
B. 
Within the Overlay District, where located within an underlying HC or MU District, the setback area nearest Route 1 and within the ultimate right-of-way, shall provide area for street trees and boulevard lighting. The building setback area shall allow for pedestrian amenities such as signage, bollards, sidewalks, street trees, pedestrian lighting, ornamental fencing, and urban landscaping including vegetative screens or hedges.
C. 
Within the Overlay District and outside of an underlying HC or MU District, the setback area nearest to Route 1 and within the ultimate right-of-way (see Map 3 of the Route 1 Corridor Plan) shall provide area for a parklike landscape, to include mixed lawn, trees, and shrubs that are maintained. The building setback area shall allow for maintenance of a natural area, with supplemental planting of trees and shrubs if necessary, or landscaping to create a screen between the roadway and structures.
D. 
If deemed necessary and appropriate between the roadway and adjacent residential structures, sound barriers may be required. Such barriers shall be concealed with vegetation.
E. 
Map 3 of the Route 1 Corridor Plan should be consulted for illustration of the regulations in this section.
A. 
Buildings shall to be designed to be consistent with the historic architecture in the Overlay District, which includes the English Colonial/Georgian or Victorian styles.
(1) 
The English Colonial/Georgian style includes: rectangular floorplan/footprint; structures 2 1/2 stories in height; gable roofs with medium to steep slopes and wood shingles; gable-end chimneys; main building materials consisting primarily of brick, stone, and stucco finishes; barns and outbuildings in wood siding or materials to resemble wood siding; wood, double-hung sash windows with divided lights; sensitivity to building proportions (height to width to depth); consistent pattern of window size to wall area.
(2) 
The Victorian period covers several architectural styles. Most prevalent in Chester County are the Second Empire, Queen Anne, Richardson Romanesque, and Shingle styles. The Victorian period modified and mixed medieval and classical stylistic elements, and is marked by asymmetrical and eclectic nature. The Victorian styles include: irregular, asymmetrical shape; structures two to three stories in height; mansard or pitched gable roofs with dormers; main building materials consisting primarily of brick, stone, wood shingling, stucco, or clapboard to form textured surfaces.
B. 
Clustering. Buildings shall be clustered together to preserve natural and landscape open areas within the Overlay District. Buildings shall be arranged in a manner that creates well-defined open areas and retains natural areas within the view from the public roads.
C. 
Building height. Maximum building height shall be governed by the underlying zoning districts.
D. 
General form. New buildings or existing building renovations or expansions should have exterior forms generally compatible with Subsection A above, including design components such as windows, doors, and changes in roof and facade orientation. Large, flat expanses of featureless exterior wall shall not be permitted.
(1) 
Commercial buildings shall be designed so as to visually articulate the line between the ground and upper level(s) with a cornice, canopy, balcony, arcade, or other visual device. Traditional canvas awnings without interior illumination are encouraged.
(2) 
The massing of commercial buildings larger than 4,000 square feet in first-floor building footprint shall be de-emphasized in a variety of ways, including the use of projecting and recessed sections, to reduce their apparent overall bulk and volume. Such breaks in facades and roof lines shall occur not more frequently than the width of an historic storefront (generally about 25 feet), nor less frequently than 60 feet.
(3) 
Where any individual building facade (or adjoining facades which abut flush to the same building line) is visible from any public right-of-way or public space (including internal public spaces within a development) and exceeds 60 feet in length, there should be a clean architectural differentiation of roofline (i.e., an obvious difference in height) and/or facade (i.e., an obvious difference in siding materials or building offset), effectively breaking the single facade into two or more facades each no more than 60 feet in length.
E. 
Exterior building materials. Building materials on exterior surfaces should be as named in Subsection A, above. Exterior finishes consisting of standard concrete block and metal and concrete panels shall not be permitted. Split-face concrete masonry designed to resemble stone may be considered.
F. 
Mechanical and service equipment. HVAC (heating, ventilation, and air conditioning) and similar types of incidental machinery or equipment shall be screened from view, or located in such a manner as to not be visible from any public street. Trash receptacles, dumpsters, utility meters, aboveground tanks, satellite dishes, and antennas shall be similarly screened.
G. 
Roof design. Roof design for new buildings should have a pitched roof with overhanging eaves proportional to the building's size as described in Subsection A. Flat roofs are not permitted. Exceptions may be made for green roofs that provide environmental benefits, but are encouraged to be sloped. Desired materials on pitched roofs include slate (either natural or man-made), shingle (either wood or asphalt composition), and metal formed to resemble "standing seams." Roof color should reflect local traditional use of color, and shall specifically exclude white, tan, blue, green or yellow shingles, red clay tiles, and corrugated metal. The use of fascias, dormers, and gables is encouraged to provide visual interest.
A. 
Design. Parking areas should be designed and located so as to appear broken in mass, in proportion to the scale of structural development, and have minimal visual impact within the Overlay District. Parking area location, scale, landscaping, and buffering shall be employed to provide a visual shield between public roads and all parking areas.
B. 
Location. All parking areas shall be constructed in the rear or side yards, unless specifically permitted in the front yard by the Township Planning Commission. When permitted in the front yard, additional landscaping and buffering may be required by the Planning Commission to minimize visual impact.
C. 
Vehicular connections. Where a land development application covers land located adjacent to an existing parking lot, a vehicular connection between the parking lots shall be provided wherever possible. For development applications adjacent to vacant properties, the site shall be designed and constructed to provide for a future connection.
A. 
Vehicular access within the Route 1 Corridor and Brandywine Battlefield Overlay District shall generally be designed to limit the number of new access points to public roads and to limit potential for turning movement conflict. Where practicable, access to adjoining parcels shall be combined so as to limit potential turning movement and pedestrian movement conflicts.
B. 
Number of access points. Parcels existing at the time of adoption of this Overlay District and new subdivided parcels shall each be permitted one driveway access to Route 1 where applicable. Such access shall consist of either a single two-way driveway, or a paired driveway system wherein one driveway is designed and marked to accommodate only ingress traffic and the other is designed and marked to accommodate only egress traffic.
C. 
Shared access. Wherever possible, the permitted driveway access shall be provided by a shared driveway or service drive.
D. 
Additional driveways. Additional driveway access may be allowed when the need for such additional access is demonstrated by way of a supporting Traffic Impact Study, and such study finds that the additional driveway(s) will not create negative impacts on through-traffic flow. The Traffic Impact Study shall review and identify the minimum number of access points necessary to service the proposed development and shall include consideration of traffic generated by shared access from adjacent development. Additional driveways permitted shall comply with the access-spacing standards set forth herein.
Unless otherwise permitted on a finding that the installation of underground utility service lines would be unreasonable (but not based on cost) or have deleterious environmental impacts, all new utility service lines within this Route 1 Corridor and Brandywine Battlefield Overlay District shall be located underground.
Boulevard type streetlighting shall be used along Route 1, where applicable. Lighting type and setbacks are included on Map 3 of the Pennsbury Township Route 1 Corridor Improvement Plan (2000).
A. 
A continuous, green, landscaped buffer shall be maintained along public roads within the Route 1 Corridor and Brandywine Battlefield Overlay District consisting of trees, shrubs, meadows, natural areas, and lawns within which no building or structures shall be permitted. Streetscape landscaping and pedestrian amenities shall be provided as necessary to meet overall planning objectives and as reasonably related to the intensity of the proposed development. Along Route 1, landscaping at a minimum shall comply with Map 3 of the Route 1 Corridor Plan (2000) and § 162-1908.
B. 
General standards.
(1) 
All plant material shall be hardy to the region, free of disease and insects, and conform to the standards of the American Association of Nurserymen.
(2) 
All plant materials shall be installed in such a manner so as not to alter drainage patterns on site or adjacent properties, or to obstruct vision for reasons of safety, ingress, or egress.
(3) 
All plant material shall be planted in a manner so as not to cause damage to utility lines (both above and below ground) and public roadways.
(4) 
Existing plant material which complies with the standards and intent of the chapter, as determined by the Township's qualified professional, shall be counted towards meeting the landscape requirements.
(5) 
The overall landscape plan shall not contain more than 33% of any one plant species.
(6) 
Landscaping should comply with the suggested plant list as set forth in Chapter 138, Subdivision and Land Development.
(7) 
The use of native species planting is encouraged, and the removal of invasive species is required.
(8) 
Improvements to public lands can help to stimulate overall improvements within the Overlay District. Improvements to public lands could include replacing the existing poured concrete median on Route 1 with concrete unit pavers and/or seasonal flowers and shrubbery, installing sidewalks and street trees, or upgrading existing public signage. Where appropriate, the Township may require any of the following amenities, including provision for their regular upkeep and maintenance:
(a) 
Public greens to serve a variety of outdoor needs and to enhance form and appearance;
(b) 
Public trash receptacles;
(c) 
Public benches of approved design along sidewalks and at appropriate intervals and locations within green spaces;
(d) 
Bike racks located in areas where the sidewalk width has been designed to accommodate such features; and
(e) 
Landscape plants and trees.
(9) 
Where provided, sidewalks shall be constructed of brick, concrete, concrete pavers, or concrete with brick borders; selection of paving material(s) shall be compatible with that existing or planned on neighboring properties. Asphalt paving shall not be used for any sidewalks.
C. 
Fences and walls are considered to be hardscape landscaping elements with an emphasis strongly encouraged on the use of wood and stone walls or fences. These features can be an important part of landscaping, screening, or buffering when utilized in the appropriate locations and in a size proportional to the landscape.
Where possible, provision shall be made to provide for safe, convenient, interconnected, and direct pedestrian and nonmotorized movement. This might include sidewalks, pedestrian crossings, adequate width for road shoulders, and complementary interface with existing or planned trails. In particular, amenities for pedestrian traffic are highly encouraged within commercial and residential developments located adjacent to Route 1. Although pedestrian traffic along the length of the Route 1 Corridor is not encouraged nor anticipated to be high due to the volume and speed of vehicular traffic, pedestrian movement within developments and to adjacent developments is encouraged throughout the Overlay District.
A. 
Existing vegetation that is not invasive and is providing screening along public roads and between adjacent parcels shall be maintained to the greatest extent possible.
B. 
Existing scenic viewsheds, as identified in the Pennsbury Township Comprehensive Plan shall be preserved to the greatest extent possible. On parcels proposed for development, such preservation shall be accomplished by retaining existing vegetation to the greatest extent possible, replacing disturbed vegetation with native plantings, siting structures to minimize impact to the viewshed, and following encroachment requirements in Chapter 138, Subdivision and Land Development, and recommendations as outlined on Map 3 and 4 of the Pennsbury Township Route 1 Corridor Improvement Plan (2000).
C. 
Given the proximity and topographic location of the Overlay District in relation to the Brandywine Creek, it is crucial to protect surface waters, critical habitats, wetlands, woodlands, and groundwater recharge zones within the Overlay District. New roadways, parking areas, and other development should be located as to avoid, minimize or mitigate any impacts to the above listed resources. Existing roadways, parking areas, and development should be managed to reduce runoff and sedimentation through appropriate use of vegetative buffering, minimization of impervious surfaces, and preservation or restoration of wetlands and native vegetation.