A. 
General purpose.
(1) 
The Transit Oriented Development (TOD) District is established as a Zoning district to encourage the development of transit-supportive mixed-use neighborhoods that foster economic viability, pedestrian activity, and a sense of community. It recognizes the importance of existing public transit as a valuable amenity by permitting appropriate densities and a mix of land uses within walking distance of transit stops while, at the same time, providing sufficient off-street parking to uses both within and adjacent to the TOD.
(2) 
The intent of this article is to allow development that decreases auto dependency and mitigates the effects of congestion and pollution. The regulations create accessible neighborhoods and promote and protect the health, safety and general welfare of the citizens of North Wales Borough.
B. 
These general goals and objectives include the following specific purposes:
(1) 
Encourage mixed-use development oriented to the rail station that is complementary to the needs of transit riders;
(2) 
Promote well-integrated residential, commercial, office, and civic development in close proximity to the local transit station that has an urban scale development pattern supportive of multimodal transportation and walkable neighborhoods;
(3) 
Support new development that includes diverse pedestrian-friendly, higher-density, and transit-friendly architectural and site designs that minimizes distances between destinations by requiring linked sidewalks and pedestrian-oriented access;
(4) 
Expand economic development opportunities by encouraging mixed-use development to provide jobs, services, and retail supported by higher density residential;
(5) 
Provide incentives for the creation of mixed-use buildings in keeping with the character, scale, and architecture of the neighborhood, while using development design guidelines to promote compatibility of uses and stimulate pedestrian activity;
(6) 
Maintain a balance and variety of retail, professional, and residential uses to promote the livability and anchor the identity of the neighborhood;
(7) 
Enhance the visual character and physical accessibility of the district by minimizing pedestrian and vehicular conflicts and encouraging the renovation and/or construction of buildings and storefronts that provide direct connections to the street and sidewalk;
(8) 
Provide improved access to alternative modes of transportation through improved pedestrian amenities and biking facilities to decrease the dependence on automobile use and reduce traffic congestion, particularly for local trips;
(9) 
Encourage the development of shared parking and attractive and convenient off-street parking facilities to reduce on-street congestion and facilitate vehicular and pedestrian circulation;
(10) 
Improve health outcomes by creating a more walkable and transit-friendly community that results in increased physical activity to accomplish daily tasks and a reduction in greenhouse gas emissions.
A building may be erected, altered or used, and a lot may be occupied or used, in whole or in part, for any of the uses indicated in the Appendix A, Permitted Use Matrix,[1] and no other, provided that such uses shall comply with the district regulations established in this article, Article IV, Use Regulations (in the event of a conflict between district and use regulations, the more stringent regulation shall be applicable), and all other applicable sections of this chapter.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
A. 
Building setbacks. For the purposes of this section, building setbacks shall be defined as the distance measured from the inside edge of the curb to the primary front facade of the building.
(1) 
Front building setbacks.
(a) 
Minimum front building setback for primary front facade: All buildings shall have a front setback of not less than eight feet, which shall include the required sidewalks.
(b) 
Maximum front yard building setback for primary front facade:
[1] 
For properties with frontage on Walnut Street: 16 feet.
[2] 
For properties with frontage on all other streets: 12 feet.
(c) 
Projecting features such as overhangs, porticos, upper floor balconies, loggias, arcades, covered (non-enclosed) bicycle parking, pergolas and similar architectural features placed on the front facade of the building may extend beyond the front yard building setback up to three feet, but the edge of which shall extend no closer than five feet to the curb line.
(d) 
All properties shall provide streetscaping amenities within the front setback area. Landscaping shall include street trees, shrubs, and other flowering plants located in mulched beds, tree pits, and/or planters. Alternatively, or in addition to landscaping, enhanced pedestrian spaces that include seating or bicycle parking may be incorporated into the area between the edge of the sidewalk and the building facade. If a building facade sits at the minimum setback, decorative planting containers are encouraged but only street trees planted in accordance with § 208-44E shall be required.
(e) 
All primary building facades shall be connected to the sidewalk network by a pedestrian walkway. Building entrances shall be located along the primary front facade and shall be distinguishable by a canopy, portico, or other similar architectural detail. Secondary building entrances may be located along other building facades and shall connect into the front pedestrian walkway where feasible. For properties with side or rear frontage on Railroad Street, pedestrian pathways should be provided to connect side or rear building access points to the regional rail station.
(2) 
Buildings shall meet the following side yard setbacks:
(a) 
Side yard building setback when side property lines do not abut a street:
[1] 
Where buildings share a party wall: zero feet.
[2] 
Where buildings do not share a party wall: five feet (minimum), 10 feet (maximum).
(b) 
Side yard building setback when side property lines abut a street: eight feet (minimum), 12 feet (maximum).
(c) 
Side yard building setbacks shall be a minimum of 10 feet and a maximum of 15 feet for properties adjacent to properties in the R-2 and R-3 residential districts.
(d) 
Pedestrian walkways shall be provided to connect sidewalks to internal walkways and parking areas. Paved concrete walkways shall be a minimum of four feet wide and shall connect side and/or rear building entrances and parking areas to the pedestrian sidewalk network in the front yard, and shall also provide connections to the regional rail station, where applicable.
(3) 
Rear yards.
(a) 
Where a lot is adjacent to another lot within the TOD, no rear yard setback is required.
(b) 
Where a lot is adjacent to another lot zoned in the R-2 or R-3 residential district, a twenty-foot rear yard setback is required.
(c) 
Where a lot is adjacent to a railroad right-of-way, a ten-foot rear yard setback is required.
B. 
Minimum lot width.
(1) 
Single use buildings, including multifamily: 60 feet.
(2) 
All other nonresidential and mixed-use buildings: 50 feet.
C. 
Maximum impervious cover.
(1) 
Single use buildings: 80% of the lot area.
(2) 
Mixed use building: 90% of the lot area.
D. 
Building height.
(1) 
The minimum height of any building shall be two stories or 28 feet.
(2) 
The maximum height of any building shall be three stories, exclusive of a basement, or 40 feet, whichever is less.
E. 
Density.
(1) 
A minimum density of 20 residential units per acre shall be required.
(2) 
A maximum density of 30 residential units per acre shall be permitted.
(3) 
Bonus density: Maximum density may be increased up to 35 residential units per acre, provided an existing or consolidated lot meets or exceeds a minimum lot size of 0.7 acre (30,492 square feet) and utilizes a mixed-use building.
F. 
Landscape buffers.
(1) 
Rear yard.
(a) 
Softening buffers shall be required where a property within the TOD abuts a residential use in a residential zoning district (R-1, R-2 and R-3), Railroad Street, or a railroad right-of-way. Buffers shall be located in the rear yard setback, as required for the property outlined in § 208-43A(3).
(b) 
The landscape buffer shall be planted with a variety of high- and low-level plantings. A masonry wall, fence, or a similar architectural detail that satisfies the purpose of the buffer requirement may be used in addition to or in lieu of the plantings in accordance with § 184-26F(2).
(2) 
Side yard. Side yards shall be landscaped with grass, shrubs, or other vegetation in the area not used for the pedestrian walkway. Landscaping shall be designed in a manner that mature vegetation will not block or impede the walkway area.
(3) 
Required buffer between the street and parking lots.
(a) 
In lieu of the screening requirements required by SALDO § 184-26, parking and exterior loading areas shall be screened from streets and sidewalks by the provision of a landscaped buffer with a minimum width of four feet and planted with a continuous row of three-foot-high shrubs or grasses. A decorative fence or seating wall not less than two feet and no more than three feet high may also be permitted in combination with the landscaping.
(4) 
Areas used for trash receptacle purposes shall be located within buildings where feasible. Outside trash storage areas shall be screened from adjacent properties through the use of a fence or vegetation on at least two sides.
A. 
General purpose and master plan.
(1) 
The purpose of this section is to require pedestrian oriented buildings and to require building entrances to be oriented toward the streets, sidewalks and/or public accessways. Windows must facilitate views into and out of buildings. Requirements for orientation and primary entrances are intended to:
(a) 
Provide for convenient, direct and accessible pedestrian access to and from public sidewalks, transit facilities, residential and commercial uses;
(b) 
Provide a safe, pleasant and enjoyable pedestrian experience by connecting activities between buildings in the TOD and within a structure to the adjacent sidewalk and/or transit stop; and
(c) 
Promote use of pedestrian and mass transit modes of transportation to access residential and commercial facilities.
(2) 
All properties proposed for development shall be developed in accordance with a master plan that has been reviewed by an architectural consultant in accordance with the design review process of § 208-45 and approved by Borough Council, and shall meet the following requirements:
(a) 
Master plans shall be prepared when any property is proposed for subdivision or land development. This shall apply to any property that exists at the time of adoption of this chapter, or is created through lot subdivision or lot consolidation.
(b) 
Borough Council may require changes in the master plan in order to meet the legislative intent and other standards of the Transit Oriented Development District.
B. 
Building orientation and primary entrance.
(1) 
All new and rehabilitated buildings shall comply with the following general standards:
(a) 
Buildings shall be designed with window space, public access points and signage facing the street and sidewalk.
(b) 
To the greatest extent feasible any new vehicular access point shall be located on a side lot line and shared with adjacent lots.
(c) 
Driveways, parking areas, and traffic circulation patterns shall be designed as shared facilities whenever feasible. The design of these elements shall create a unified site plan between the lots. The goal is to gain parking efficiencies, reduce the number of access points and improve internal and external vehicular circulation patterns.
(d) 
When one or more lot(s) is redeveloped such that 150 feet or more of new building facade is constructed along the primary front facade, a pedestrian access way shall be provided (i.e., through a lobby or alley) to reach available shared parking facilities.
(2) 
Primary building entrances shall be articulated and visible from the street, except where units internal to a property are accessed through a private drive and have an entrance on a pedestrian walkway, green court or drive.
(a) 
Building entrances shall incorporate arcades, porches, alcoves or awnings that protect pedestrians from the sun and rain.
(b) 
If the building has frontage on more than one street, the building shall provide two primary entrances oriented toward both streets, or a single entrance on the corner where the two streets intersect. Corner entrances may utilize a vestibule design, or may be angled, as a chamfered corner.
(c) 
Loading doors, service doors, and loading docks shall not be located along the primary building facade but shall be oriented toward the side or rear of the building along the facade fronting the street of lower classification.
(d) 
No properties shall locate the primary facade along Railroad Street.
C. 
Architectural design standards. The architectural design standards have been incorporated into this district to ensure that the size and proportions of new buildings relate to the scale of the existing structures, especially at the street level. All subdivision and land development applications shall submit building elevations with site plans during the preliminary plan submission process for review to determine compliance with the standards set forth below.
(1) 
New and renovated buildings must be either traditional in their architectural character or be a contemporary expression of traditional styles and forms, respecting the scale, proportion, character and materials of structures found within the commercial areas of the Borough's Historic District. If the subject property is located in the North Wales Borough Historic District, the new construction and any changes to the exterior of the building that can be seen from a public way shall reflect and be an example of the character of that building and district in compliance with Chapter 130 of the North Wales Borough Code and the Secretary of the Interior Standards for Rehabilitation.
(2) 
Building design standards.
(a) 
The massing of all buildings shall be de-emphasized in a variety of ways to reduce their apparent overall bulk and volume, to enhance visual quality, and to contribute to pedestrian-scale development.
[1] 
Buildings must have at least a three-foot break in all front facades. Such breaks in the facades and rooflines shall occur not more frequently than 25 feet nor less frequently than 50 feet. Breaks may be met through the use of projecting and recessed elements, such as porches, windows, and roof dormers, building extensions or recesses, or other similar architectural treatment.
[2] 
All buildings shall articulate the line between the ground floor and second floor with a pent roof, cornice, canopy, balcony, arcade, change in building material, or other visual device.
[3] 
Walls or portions of walls where windows are not provided shall have architectural treatments designed to break up the bulk of the wall, including at least four of the following treatments: masonry but not flat concrete block, concrete or masonry plinth at the base of the wall; belt courses of a different texture or color; projecting cornice; decorative tile work; trellis containing planting; medallions; opaque or translucent glass; artwork; vertical/horizontal articulation; lighting fixtures; or a similar architectural element not listed above, as approved by Borough Council. Applicants shall list which of the four treatments are being provided on the site record plans.
(b) 
Exterior wall materials may include stucco, wood clapboard (including aluminum imitation clapboard siding), stone, or brick of a shape, color and texture as that found within the Historic District. Specifically prohibited shall be T1-11 or other similar plywood siding, exterior insulation and finishing systems (EIFS), and metal buildings.
[1] 
Except on side or rear walls not visible from any public way, all forms of concrete block shall be prohibited.
[2] 
Borough Council may approve a prohibited material if it can be demonstrated that the material can be installed to have the same appearance and texture as any of the approved materials.
[3] 
Stucco or artificial materials, except fire clay products such as brick, shall not occupy more than 50% of the building facade unless Borough Council makes a specific finding that more than 50% is appropriate, and similar to architectural features on other comparable buildings in the Borough.
[4] 
Rear and side facades shall have colors and materials that are similar to the front facade. Any development with more than one building on the site shall have a common and coherent architectural theme throughout the development.
(c) 
Buildings shall provide clear windows interspersed along the building facade. Smoked, reflective, tinted, or black glass in windows is prohibited.
[1] 
Clear window openings shall be vertical, and at least twice as high as the width of those openings.
[2] 
To the greatest extent possible, individual window units in the second floors and above shall be vertically aligned with the location of windows and doors on the ground level, including storefront or display windows.
[3] 
For multifamily residential uses:
[a] 
All floors shall contain an average of 40% to 45% clear windows and doors. This percentage may be increased up to 70% clear windows and doors for the portion of the ground floor that is used for shared amenity space, such as a lobby area servicing the entire building but not for private residential units.
[b] 
If no residential units are located on the ground floor, the building shall comply with the standards for mixed-use and nonresidential buildings.
[4] 
For mixed-use buildings and nonresidential buildings:
[a] 
The ground floor shall contain an average of 65% to 70% clear windows and doors and may incorporate recessed or projecting display window cases, such as bay windows.
[b] 
Second floors and above shall contain a minimum of 50% of the horizontal width of the facade as clear windows along the primary front facade.
[c] 
Required window areas must allow views into working areas or lobbies, pedestrian entrances, or merchandise display windows and views shall not be blocked by advertisements or other decals.
[d] 
The maximum sill height above the adjacent sidewalk elevation shall be two feet or lower.
[e] 
Window heads shall be nine to 12 feet above sidewalk level.
[f] 
The top of the display window shall be at least as high as door height.
[5] 
All windows on buildings with residential uses on the first floor and all windows on the second floor and above, regardless of use, shall have muntins positioned between two layers of glass.
(d) 
Buildings shall be topped with either pitched roofs with overhanging eaves or flat roofs with articulated parapets and cornices. Pitched roofs shall have a minimum slope of 4:12.
[1] 
Pitched roof material may include slate (either natural or man-made), shingle (either wood or asphalt composition) and metal formed to resemble "standing seams" or other similar materials. Specifically prohibited are white, tan, or blue shingles and corrugated plastic or metal.
[2] 
Roof fascias, dormers, gables, or similar architectural features shall be employed on pitched roofs to provide a varied roof for increased visual interest. Gables, if provided, shall be functional.
[3] 
Flat roofs shall be constructed to accommodate rooftop decks for residential use, either as a shared amenity or provided for individual units, and/or as green roofs to capture stormwater management.
[4] 
All rooftop features and amenities, including mechanical equipment, antennas, or decks, shall be screened visually and acoustically. Such screening shall be an integral to the architectural design of the building, such as through the use of parapets.
(e) 
Grade level exterior doors that swing onto a public walkway that is less than six feet wide shall be set into the building to avoid conflict with pedestrians. Doors swinging out that do not project into a required public walkway shall include a barrier to prohibit doors from swinging into pedestrians.
(3) 
Standards for parking structures. Building design shall follow design standards found in this section, in terms of building materials and architectural pattern.
(4) 
Standards for public walkways:
(a) 
Any sidewalks along Walnut Street shall be constructed of brick, concrete pavers, stamped concrete or integral colored concrete with brick borders consistent with existing decorative treatments found on Main Street.
(b) 
Sidewalks shall have a minimum unobstructed width as set forth in Chapter 184, Subdivision and Land Development. Where an existing building is being preserved with an existing public sidewalk that is less than the required width, the existing sidewalk width must be improved to meet the minimum district standards.
[1] 
The unobstructed width of an existing public sidewalk may be reduced to four feet where adjacent to tree pits to accommodate the installation of street trees when shown on the approved development plan.
[2] 
The minimum unobstructed width for public sidewalks used for outdoor dining in front of a building that exists as of the effective date of this chapter may be reduced to six feet. The reduced width must remain completely unobstructed to permit the free passage of pedestrians.
(c) 
New sidewalks shall be installed to contribute toward creating a completely linked network of walkways connecting transit stops, commercial centers, institutional facilities and residential uses, including parks and other open space areas.
(d) 
Sidewalks shall not be used for exterior storage.
(e) 
Outdoor seating for food and drink establishments or other pedestrian-oriented accessory uses, such as outdoor sales display are permitted, provided the minimum unobstructed walkway is maintained.
D. 
Signage. Signs shall be permitted in accordance with the provisions of Article XVIII, Signs, of this chapter, with the following exceptions:
(1) 
Ground signs shall be monument-type only and shall have a maximum height of 10 feet. Ground signs shall not be placed within or blocking the pedestrian sidewalk.
(2) 
Internal illumination shall only be permitted for facade signs and when such is used, the illumination shall follow the form of the letters, numbers or symbols on the sign; box signs with the entire box illuminated on which copy is affixed shall be prohibited.
E. 
Street/shade trees.
(1) 
Street trees shall be planted, maintained, and trimmed by the developer and/or property owner along all public rights-of-way in compliance with Chapter 174, Shade Trees, and Chapter 184, Subdivision and Land Development, of the North Wales Borough Code. If properties already contain healthy and mature trees that comply with the street tree requirements, additional plantings may not be required. All properties must have at least one or more street trees.
(2) 
Street trees shall be planted in Borough-approved tree pits or in planter areas at least four feet long by four feet wide with a minimum soil capacity of at least 1,000 cubic yards. Structural soils or modular underground pavement systems like Silva Cells shall be used to provide additional capacity for tree roots to enhance tree health and manage stormwater.
(a) 
Decorative tree grates shall be placed over planting areas to protect the tree roots and maximize functional sidewalk width.
(b) 
Trees shall be located within the front setback area.
F. 
Lighting standards.
(1) 
Adequate lighting for pedestrians and vehicles shall be provided in all areas open to the public.
(2) 
Lighting shall be shielded to meet the following requirements:
(a) 
No light shall shine directly from a light source onto the ground, into the windows, or onto improvements of an abutting property, although incidental light may be permitted to fall on abutting property.
(b) 
No light, except street lights, shall shine directly onto public roads.
(3) 
No parking lot lighting standard or building fixture designed to illuminate the ground shall exceed 18 feet in height from grade level, and no pedestrian lighting standard shall exceed 14 feet in height from grade level.
G. 
Open space and plaza design standards.
(1) 
Areas not used for buildings, parking, pedestrian walkways, or required landscape buffers, including landscaping required in the front setback area, shall be planted with a vegetated ground cover.
(2) 
Applicants are encouraged to provide enhanced open space features such as plazas, "pocket parks," or gateway elements at corner properties where a property fronts on two roadways in order to beautify the district, provide additional pedestrian amenities, and develop properties with acute angles that may otherwise be underutilized for the public good. Coordinating landscaping, seating, pathways, public art, gateway signage, or other treatments shall be included in these open space features, and shall be designed and reviewed as part of the master plan.
(3) 
If open space or plaza areas are provided on a property, they shall be designed as focal points within the development and shall make public access as easy and straightforward as possible. Public access shall be guaranteed through a deed restriction or other means acceptable to the Borough Council.
A. 
Applicability. The Borough shall appoint a licensed architect or landscape architect consultant to review all master plans submitted to the Planning Commission and Borough Council for subdivisions and land developments within the Transit Oriented Development District. The consultant shall submit a written recommendation to the applicant, Planning Commission, and Borough Council regarding the manner in which the master plan is compliant or deficient with regard to the design standards of this section.
(1) 
The consultant may also review plans that include the modification of the exterior design features of an existing structure which involves a change in the exterior materials in existence on such structure. "Modification of the exterior design features," as used herein, includes but is not limited to the addition, deletion or modification of surface materials (masonry, wood, brick, stucco), windows, doors, overhangs, porches, porticos, chimneys, outdoor public space, cornices, etc.
(2) 
Design review is not required for nonstructural changes to a building, such as repainting of surfaces or the repair, restoration or reconstruction of exterior design features where such work maintains the outer dimensions and surface relationships of the existing structure. Design review is not required for the replacement of doors, windows or other transparent surfaces that currently exist, provided windows and transparent surfaces are not replaced with nontransparent materials and the surface area of the replacement door, window or other transparent surface does not exceed the dimensions of the existing feature by more than 10%.
B. 
Standards and criteria for review. In reviewing a proposed master plan or building modification plan, the consultant shall consider the requirements of § 208-44, Development design standards, and the following general criteria, where applicable:
(1) 
General architectural features, including the character, scale and quality of the design, including building materials and colors, to ensure compatibility with the surrounding community and the existing historical architectural character of North Wales.
(2) 
That the plans indicate proper consideration for the relationship between proposed or existing buildings and buildings which are located or are proposed within the general area and enhance the intent of the Transit Oriented Development District.
(3) 
That the plan for the proposed building or material change indicates a manner in which surrounding properties are protected against noise, vibrations and other factors which may have an adverse effect on the environment and the manner of screening for mechanical equipment, trash, storage and loading areas.
(4) 
That buildings, parking areas, signs, and illumination indicate proper consideration has been given to both the functional aspects of the development, such as pedestrian and vehicular circulation, and the visual effect of the development as a gateway into the Borough, and a transit amenity.
(5) 
That landscaping considerations, including location, type, size, color, texture and coverage of plant materials, including maintenance and protection, have been considered to ensure visual enhancement of the streetscape and promote sound stormwater management.
C. 
Ownership. Any land area proposed for development shall be in one ownership or shall be subject to a joint application filed by every owner of the land area proposed for development, under single direction, using one overall master plan and complying with all requirements of the Transit Oriented Development District.
D. 
Application process.
(1) 
All master plans shall be submitted in writing to the consultant at the same time or before a subdivision or land development plan is submitted to the Borough for review. The consultant shall review the proposal and submit written comments to the Borough Planning Commission and Borough Council within 30 days of receipt.
(2) 
The master plan shall be submitted in accordance with the standards outlined in Article IV of Chapter 184, Subdivision and Land Development, § 184-33.
(3) 
Borough Council may require changes in the master plan in order to meet the legislative intent and other standards of the Transit Oriented Development District.
E. 
Approval process.
(1) 
For all master plan submissions, the Borough Council shall render a written decision on the application within 30 days of receipt of the plan.
(2) 
The Borough Council shall consider comments and recommendations of the reviewing body and the Planning Commission prior to approving or denying the proposed plan.
(3) 
Approval of the proposal shall expire two years after the date of approval by the Borough Council or the signing of the development plan, whichever is later, if the applicant fails to obtain a building permit, use and occupancy permit, or other applicable permit, unless the Borough Council or Borough Code Enforcement Officer has agreed, in writing or on the record, to an extension of time.
F. 
Appeals. The appeals process shall be in accordance with Article XXI of this chapter.