[Amended 9-8-2020 by Ord. No. 241; 8-10-2021 by Ord. No. 245; 10-11-2022 by Ord. No. 248]
The C-3 District is designed primarily for planned commercial/residential use with a view toward:
A. 
Serving the general convenience shopping and service needs of the Township and the region;
B. 
Establishing regulations to help ensure compatibility between uses within the district and with adjacent uses and properties;
C. 
Providing opportunities for uses to foster a sustainable and resilient future for the district and the Township;
D. 
Providing opportunities for commercial, residential and recreational uses to enable development where people can work, shop, dine, live, and play; and
E. 
Enhancing the streetscape along the West Chester Pike street frontage.
A building may be erected, altered or used, and land may be used or occupied, subject to the provisions of Article XVIII and Article XIX, for any of the following uses and no other:
A. 
Permitted principal uses. Planned commercial/residential use where common elements are planned, designed, developed, built and maintained in a uniform and unified manner, subject to § 365-90, with the following uses:
(1) 
Shopping center less than 100,000 square feet in gross leasable floor area.
(2) 
Department store of less than 40,000 square feet in gross leasable floor area.
(3) 
Garden center.
(4) 
Indoor theater.
(5) 
Business, professional, or medical offices.
(6) 
Bank, including drive-through bank.
(7) 
Restaurant. A restaurant with on-premises dining, that may include outside service. In addition to all other restrictions imposed by terms of this chapter, an outside service area shall be subject to the following restrictions:
(a) 
The outside service area, other than the wall of the building in which the restaurant is located, shall be entirely enclosed by a wall of not less than three feet in height, which wall shall be set back a minimum of 20 feet from a property line or curbline of a street.
(b) 
Access to the outside service area, except for an emergency entrance and exit, shall be limited to entrances and exits through the building to which the outside premises area is adjacent.
(c) 
No residential district adjoining or abutting the Planned Commercial/Residential District shall receive in excess of 65 dB(A) from any speaker; amplifier or any other sound systems as measured from a point 10 feet inside the property line of any residence immediately on the boundary of the two districts.
(d) 
The outside service area shall be closed by 1:00 a.m.
(8) 
Restaurant, drive-in service.
(9) 
Restaurant, drive-through service, provided that:
(a) 
There are no more than two such uses in the C-3 District;
(b) 
Such uses are at least 1,000 feet apart;
(c) 
The drive-through does not adversely affect parking and drive aisles; and
(d) 
The drive-through queues do not extend onto primary service roads.
(10) 
Open space for recreational and conservation purposes, subject to the provisions of Article XXXI.
(11) 
Municipal use.
(12) 
Indoor recreational use, including, but not limited to tennis, squash or basketball courts, swimming pools, skating rinks, and health clubs offering a full range of amenities.
(13) 
Outdoor recreation use, including but not limited to playfields and play courts for sports, and other facilities for cardiovascular exercise.
(14) 
Commercial laundry, including counter service.
(15) 
Physical and arts education, such as facilities/studios for dance, art, drama, music, martial arts and similar uses, including health clubs.
(16) 
Convenience store, with accessory gas pumps and accessory car wash.
(17) 
Single-family attached dwelling.
(18) 
Garden apartment.
(19) 
Vertical mixed-use.
B. 
Permitted accessory uses.
(1) 
Accessory uses on the same lot and customarily incidental to the principal uses permitted in § 365-89A herein.
(2) 
Parking in accordance with Article XX.
(3) 
Signs in accordance with Article XXI.
C. 
Conditional uses. (Refer to Article XXXII, § 365-191.) The following uses and their related accessory uses, provided that a satisfactory environmental impact assessment report is prepared, as set forth in Article XXII.
(1) 
Communication towers and antennas in accordance with Article XXIV.
(2) 
Shopping center of 100,000 square feet or more in gross leasable floor area.
(3) 
Department store of 40,000 square feet or more in gross leasable floor area.
(4) 
School, in accordance with Article XXVII.
(5) 
Child day-care center in accordance with Article XXVII.
(6) 
Adult daily living center.
(7) 
Marijuana dispensary facility, in accordance with the Medical Marijuana Act [Act of Apr. 17, 2016, P.L. 84. No. 16] as amended.[1]
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
(8) 
Pharmacy/drugstore, with or without drive-through service.
(9) 
Public place of amusement.
(10) 
Distillery, limited distillery.
(11) 
Brewery.
(12) 
Brewery pub.
(13) 
Pop-up uses, subject to § 365-98L.
A. 
Not less than 10% of the total gross acreage of the C-3 District shall be designated as and devoted to open space, subject to § 365-99 and Article XXXI.
B. 
For all new development or redevelopment of freestanding buildings, not part of the previously built shopping center, not less than 2% of the total gross acreage of new lots shall be designated as and devoted to usable open space in the form of pedestrian gathering areas, such as parklets in the range of 400 to 500 square feet, courtyards in the range of 500 to 2,000 square feet, plazas in the range of 2,000 to 3,000 square feet, and other pedestrian gathering areas of 3,000 square feet or more, located in close proximity to the new buildings and lots.
C. 
Not more than 70% of the total gross acreage of the C-3 District shall be devoted to commercial use.
D. 
Not more than 20% of the total gross acreage of the C-3 District shall be devoted to residential use.
E. 
The gross density of an area devoted to residential use shall not be greater than 10 dwelling units per net acre for townhouses and no greater than 25 dwelling units per net acre for apartments. Net acreage shall be determined by subtracting the area of all existing and proposed road rights-of-way, the area of all existing and proposed utility easements, including without limitation all sewage facilities, and the area of the C-3 District exclusively devoted to commercial use.
F. 
The gross density of an area devoted to live-work units shall not be greater than 10 dwelling units per acre.
A. 
Nonresidential uses.
(1) 
Lot area. A minimum lot area of two acres shall be provided for every principal use.
(2) 
Distance between buildings. The minimum distance between principal nonresidential buildings on a lot shall be 50 feet.
(3) 
Lot width at the street line. A lot width of not less than 150 feet at the street line shall be provided.
(4) 
Lot width at the building line. A lot width of not less than 150 feet at the building line shall be provided.
(5) 
Impervious surface and building coverage. Not more than 80% of the area of any individual lot shall be covered by impervious surfaces, and not more than 45% of the total area of any lot shall be occupied by buildings.
(6) 
Depth of front and rear yards. There shall be a front yard and a rear yard on each lot, having a depth of not less than 60 feet, except that a front and rear yard may be reduced to 25 feet where fronting on a private street. On each corner lot there shall be two front yards. The front yard abutting a primary street shall have a width of not less than 60 feet.
(7) 
Width of side yards. On each lot there shall be two side yards having a minimum aggregate width of 100 feet, and neither side yard shall have a width of less than 45 feet.
(8) 
Building height. The minimum height of a principal building shall be 20 feet, but not exceed 42 feet in height.
B. 
Residential uses.
(1) 
Lot area. A lot area of not less than 4,300 square feet minimum for each townhouse dwelling or live-work unit, and a lot area of 1,700 square feet minimum for each apartment unit.
(2) 
Lot width at the building line. A lot width of not less than 24 feet shall be provided for each single-family attached dwelling unit and live-work unit.
(3) 
Lot width at street line. A lot width of not less than 24 feet shall be provided for each single-family attached dwelling unit and live-work unit.
(4) 
Depth of front yard. A front yard of not less than 20 feet shall be provided for each dwelling unit.
(5) 
Depth of rear yard. A rear yard of not less than 60 feet shall be provided for each dwelling unit; provided, however, that attached decks and patios having a maximum depth of 10 feet measured from the rear wall of the dwelling unit may project into the minimum depth of the required rear yard.
(6) 
Width of side yards. A side yard of not less than 30 feet shall be provided for end unit of single-family attached dwelling units and live-work units, and 30 feet minimum for garden apartments.
(7) 
Maximum number of single-family attached dwelling units in a row. No more than six such units shall be attached.
(8) 
Maximum length of a residential building group. No building group shall have a length of more than 150 feet for single-family attached dwelling buildings and live-work units, and 175 feet for garden apartments.
(9) 
Minimum separation distance between residential building groups. Residential building groups shall be spaced no less than 30 feet apart.
(10) 
No building shall exceed 42 feet in height.
C. 
Setbacks for accessory use structures. No accessory use structure shall be located within 15 feet of any perimeter property line, except as set forth below:
(1) 
Driveways shall not be located closer than 10 feet from such property line.
(2) 
Fencing or landscaping that defines property lines or serves as a required continuous visual buffer, or a landscape planting strip, may be located along perimeter property lines.
(3) 
Loading areas shall be set back at least 35 feet from perimeter property lines.
(4) 
Structures for which no other viable location exists, as approved by the Board of Supervisors, may be permitted within the fifteen-foot setback area.
A. 
Wherever the tract abuts a residential district or residential use, screen planting shall be provided of sufficient height and density to constitute a continuous visual buffer at least 20 feet in width, except along West Chester Pike, where a landscape planting strip of 20 feet with selected plant groupings shall be provided in accordance with § 365-92C below. If natural vegetation already exists, it may be retained and utilized to partially satisfy this requirement.
B. 
If fencing is employed, the effective height of the continuous visual buffer shall be no less than six feet, subject to the provisions of Article XXII.
C. 
A landscape planting strip of 10 feet in width shall be provided along the street lines of all internal streets within a planned commercial residential development and a landscape planting strip of 20 feet in width shall be provided along the street line of any lot abutting West Chester Pike.
D. 
All required screening and landscaping shall be shown on a preliminary and final landscaping plan, which shall be submitted to and evaluated by the Board of Supervisors.
E. 
All required screening and landscaping shall be in accordance with Article XX and Chapter 305, Subdivision and Land Development.
F. 
All new development and/or redevelopment in the district with frontage along the West Chester Pike corridor shall comply with the General Manual of Written and Graphic Design Standards set forth in Attachment 7, Appendix A, of this chapter.
A. 
Development pursuant to this article shall be considered to be a land development and shall be subject to the regulations of Chapter 305, Subdivision and Land Development, as amended. Proposed amendments to an approved plan shall be acted upon in the same manner as the original plan.
B. 
Completion and maintenance of improvements. Provision for the completion and maintenance of all private streets, parking lots, sidewalks, curbs, street trees, storm sewers, sanitary sewers and all other improvements pursuant to the approved plan in forms satisfactory to the Township shall be a condition precedent to plan approval by the Township.
The following specific design and development requirements shall be met for any and all development in the C-3 Planned Commercial/Residential District:
A. 
The applicant shall prepare a coordinated plan for proposed development, which shall be in accordance with Chapter 305, Subdivision and Land Development. This coordinated plan shall be in accordance with the provisions set forth in this section and all other regulations and ordinances, and shall contain the following elements:
(1) 
A plan for land use depicting the various proposed uses and open space.
(2) 
A pedestrian circulation plan depicting all sidewalks, walkways, and crosswalks.
(3) 
A plan for traffic and circulation within the site, with estimates of traffic flows, turning movements and capacity, including connections to the existing road network. Such a plan shall include related appurtenant structures, such as curbs, crosswalks, traffic signals, driveways, and the like.
(4) 
A landscape plan for landscape elements, such as principal circulation elements, including street trees, buffer planting strips, and other landscaping, as required.
(5) 
A plan for sewage disposal, water supply, erosion and sedimentation control, stormwater management, solid waste disposal, electrical and power supply, fire protection, and any other common elements.
(6) 
An overall plan for streetlighting of the major circulation elements.
(7) 
An overall plan for any other common elements, such as benches, trash receptacles, bus stops, signs, parking and line striping, fencing, storage areas, refuse collection areas, and the like.
(8) 
A public realm plan depicting all usable open spaces, including: courtyards, plazas, and pedestrian gathering areas.
(9) 
A plan or plans depicting basic site data, such as topography, soils, steep and very steep slopes, flood hazard and flood-prone areas, woodland resources, surface water resources and other related features.
(10) 
An illustrative site plan depicting all buildings, parking, plantings, signs and other proposed improvements.
B. 
Ownership.
(1) 
Land proposed for development shall be operated under unified control and management.
(2) 
In order to ensure that the open space and common elements shall be properly maintained and in the event that individual parcels are conveyed to third parties, the developer shall provide the Township with a description of a property owners' organization, including its bylaws and method for maintaining open space and common elements, which shall be acceptable to the Township Solicitor. Said organization is to be organized by the landowner or developer and operated with financial subsidization by the landowner or developer, if necessary, before the sale of any lots or parcels of ground within the development. Membership in the organization shall be mandatory for all purchasers of lots or parcels of ground therein and their successors. Members of the organization shall be responsible for maintenance of and insurance and taxes on all open space and common elements and shall share equitably the cost of said maintenance in accordance with procedures established by them. In the event a member fails to pay his pro rata share, then a lien against an individual property may be made in accordance with provisions for the same in the bylaws of the organization.
(3) 
In the event that the organization established to own and maintain the open space and common elements or any successor organization shall at any time after designation fail to maintain the open space and common elements in reasonable order and condition in accordance with any and all approved plans, the Township may serve written notice upon such organization or upon the residents and owners, setting forth the manner in which the organization has failed to maintain the open space and common elements in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof and shall state the date and place of a hearing thereon, which shall be held within 14 days of the notice.
(a) 
At such hearing, the Township may modify the terms of the original notice as to the deficiencies and may give an extension of the time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof shall not be cured within said 30 days, or any extension thereof, the Township, in order to preserve the taxable values of the properties and to prevent the open space and common elements from becoming a public nuisance, may enter upon said open space and common elements and maintain the same for a period of one year at the expense of the organization. The cost of any such maintenance shall be borne by the owners of lots within the development from which the open space and common elements were derived. Said entry and maintenance shall not vest in the common elements except when the same is voluntarily dedicated to the public by the residents and owners.
(b) 
Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space and common elements, call a public hearing upon notice to such organization, or to the residents and owners of the project, to show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Township shall determine that such organization is ready and able to maintain said open space and common elements in reasonable condition, the Township shall cease to maintain said open space and common elements at the end of said year. If the Township shall determine such organization is not ready and able to maintain said open space and common elements in reasonable condition, the Township may, in its discretion, continue to maintain said open space during the next succeeding year and subject to a similar hearing and determination in each year thereafter. The decision of the Township in any such case shall constitute a full administrative decision subject to judicial review at the expense of the property owners' organization or association.
(c) 
The cost of such maintenance by the Township shall be assessed ratably against the properties within the project that have a right of enjoyment of the open space and common elements and shall become a municipal lien on said properties. The Township, at the time of entering upon said open space or common elements for the purpose of maintenance, shall file a notice of such lien in the Office of Judicial Support of Delaware County upon the properties affected.
C. 
General design guidelines.
(1) 
All utility lines shall be placed underground.
(2) 
All materials, including trash, supplies, rubbish, refuse and the like, shall be stored either inside the building or in specially constructed buildings or screened enclosures. They shall not be handled so as to give rise to smoke, odor or litter.
(3) 
The development shall consist of well-designed and integrated uses and groupings of buildings, service and parking areas, circulation and open spaces, planned and designed as an integrated unit in such a manner as to constitute a safe, efficient and convenient planned commercial/residential development.
D. 
Lighting.
(1) 
All streets, off-street parking areas, and areas of intensive pedestrian use shall be adequately lighted. All such lighting shall be designed and located so as to direct light away from any adjoining residential development, areas zoned for residential development, and to West Chester Pike so as to preclude trespass glare.
(2) 
Appropriate lighting fixtures shall be provided for walkways, sitting areas, including courtyards, plazas and pedestrian gathering areas, bus stops and the like and to identify steps, ramps and directional signs. Such lighting shall be designed and located so as to direct light away from any adjoining residential development, areas zoned for residential development, and to West Chester Pike so as to preclude trespass glare.
(3) 
All lighting shall be in accordance with Chapter 305, Subdivision and Land Development.
E. 
Circulation and traffic.
(1) 
Overall layout of commercial and residential uses shall reflect a hierarchy of streets and service roads in order to develop a major through road system from various ingress/egress points along West Chester Pike, collector roads and/or drives and aisles within parking areas. Such a system of streets and roads shall be designed, built and maintained at the owner's expense to provide for safe and convenient traffic flow.
(2) 
Traffic signals and signs, acceleration and deceleration lanes, and traffic islands, curbing, striping and the like shall be designed, built and maintained in accordance with the requirements of the Pennsylvania Department of Transportation, the Township Engineer, and Chapter 305, Subdivision and Land Development.
(3) 
Vehicular circulation systems shall be designed, built and maintained to minimize any conflict with pedestrian circulation. All crosswalks shall be located and striped to promote safe and convenient crossings of streets and access drives.
(4) 
All requirements for traffic controls set forth in Chapter 305, Subdivision and Land Development.
F. 
Off-street parking and loading.
(1) 
All off-street parking and loading standards in Chapter 305, Subdivision and Land Development, and in Article XX of this chapter, particularly entries in the table in § 365-136 for retail, commercial and other related uses and residential uses, shall apply.
(2) 
Any establishment which furnishes carts or mobile baskets as an adjunct to shopping shall provide designated areas within off-street parking areas for storage of such carts.
(3) 
Adequate areas at each commercial building shall be provided for loading and unloading of delivery trucks and other vehicles; servicing of (buildings) by refuse collection, fuel, fire and other service vehicles; automobile accessways; and pedestrian walks, all of which shall be constructed in accordance with Township standards. Loading areas shall be screened from view from any abutting public highways or defined parking area.
(4) 
Loading areas for commercial uses shall not be located forward of the front building line, shall not be located in the public right-of-way or defined parking areas, and shall occupy a minimum space of not less than 12 feet by 50 feet by 14 feet high. The use of said loading areas should not block or interfere with the use of the buildings, accessory buildings or parking areas.
G. 
Curbs and sidewalks.
(1) 
All curbs and sidewalks shall be designed, built and maintained in accordance with the design standards in Chapter 305, Subdivision and Land Development.
(2) 
All curbs shall be designed to enable accessibility through curb cuts and ramps.
(3) 
Sidewalks shall be planned, designed, built and maintained to promote pedestrian circulation. All such sidewalks adjoining shops and stores shall have a minimum width of eight feet, and all other sidewalks shall have a minimum width of five feet; provided, however, that a restaurant that has an outdoor service area shall have a sidewalk or courtyard type space that shall be at least 12 feet wide in order to accommodate tables, chairs, and walkways.
H. 
Landscaping and screening. Notwithstanding the provisions referenced in § 365-92, the following shall apply:
(1) 
Any and all storage areas and/or refuse collection areas shall be fenced and landscaped in accordance with Article XXII. Such areas shall be located in areas of least visibility within the C-3 District.
(2) 
All buildings shall be enhanced through the use of landscaping, such as foundation plantings, planting beds or other landscaping erected for various functional and aesthetic purposes.
(3) 
All areas of high visibility and pedestrian access shall be landscaped, subject to the approval of the Township.
(4) 
All usable open space areas, including courtyards, plaza, and pedestrian gathering areas, shall be enhanced with complementary planting beds and landscaping.
I. 
Public sewerage and public water.
(1) 
In addition to the standards and provisions of Chapter 305, Subdivision and Land Development, the following shall apply:
(a) 
A public water supply system shall be provided and maintained.
(b) 
A public sewerage system shall be provided and maintained.
(2) 
All sewage disposed systems and/or sewage treatment facilities shall be approved by the Board of Supervisors and the Pennsylvania DEP.
J. 
Fire protection. In addition to the standards and provisions of Chapter 305, Subdivision and Land Development, the Edgmont Township adaptation of the Township's Fire Prevention Code, the following shall apply:
(1) 
Fire protection measures and devices shall be provided and installed as approved by the Township Fire Marshals for such items as:
(a) 
Fire lanes and/or no-parking zones.
(b) 
Accessibility to the front and/or rear of all buildings, and to the sides of building groups.
(c) 
Early detection systems.
(d) 
Hydrants.
(e) 
Fire suppression systems.
K. 
Signage. In addition to the provisions of Article XXI, the following shall apply:
(1) 
Shopping cart storage areas shall be designated and clearly marked with signs.
L. 
Temporary uses, accessory uses, and pop-up uses.
(1) 
The supplemental regulations for accessory uses and structures in § 365-154E shall apply to temporary structures and uses, including seasonal sales, special events, and tents.
(2) 
Pop-up uses.
(a) 
Such uses shall advance the purposes recited in § 365-88.
(b) 
Such uses shall be consistent with other retail, restaurant, recreational, educational, and amusement type permitted uses in the C-3 District.
(c) 
Such uses shall promote vitality and visibility to the C-3 District.
(d) 
Such uses shall not adversely affect vehicular and pedestrian circulation and safety, or otherwise adversely affect the health and safety of the C-3 District.
M. 
Design standards for residential development.
(1) 
No building footprint shall exceed 5,000 square feet in area, when located on steep slopes and very steep slopes.
(2) 
No building wall shall exceed 24 feet without a recess or projection of at least three feet, in order to add visual interest to the building.