[Added 7-18-2007 by Ord. No. 2007-06]
The TND – Traditional Neighborhood Development ("TND") District is adopted pursuant to the authority of Article 7-A of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10706-A et seq., and is intended to provide a zoning context for redevelopment at the southern edge of the Borough into a mixed-use moderate-density transit-oriented development with emphasis on the following:
A. 
Provision of a transit-oriented development located adjacent to the R-5 commuter rail line with design features that promote the use of public transportation, walking, and other alternatives to the automobile;
B. 
Provision of a combination of uses, including residential, commercial, retail, and civic with varied densities and intensities of uses that provide opportunities for revitalization of downtown living, job creation, and economic development;
C. 
Provision of adequate recreation and open space with preservation, enhancement, and protection and incorporation of existing environmentally sensitive natural features, including the floodplain and Brandywine Creek;
D. 
Provision of development in a traditional grid pattern of streets that is consistent with the historical development of the Borough creating an interconnecting road system that mimics and seamlessly blends into the existing Downingtown street network;
E. 
Provision of a north-south transportation corridor as an alternative to the existing roadway system;
F. 
Opportunity for preservation, protection, restoration and reuse of abandoned industrial buildings, site ruins, site artifacts, creek views and wooded and pasture land that reflect the character of the Borough's historic industries;
G. 
Promote the use of public transportation, walking, and other alternatives to the automobile by providing basic daily needs within walking distance;
H. 
Link development to the adjacent Keystone Opportunity Zone to promote a balance of residential, employment, and recreational opportunities;
I. 
Link TND development and Downingtown to the larger Philadelphia regional area by facilitating access to the AMTRAK/SEPTA train station;
J. 
Provide defined neighborhood blocks, village greens, parks, etc., at a streetscape scale promoting neighborhood interaction; and
K. 
Provide a link between the TND development and central Downingtown and surrounding neighborhoods by bicycle and pedestrian paths.
A. 
Overlay. The TND of Downingtown Borough shall be deemed an overlay district on the otherwise applicable zoning districts as delineated on the Downingtown Borough Zoning Map.[1] Said overlay shall be affixed to the land as the base zoning for the TND tract, as defined herein, and the Official Zoning Map of the Borough of Downingtown shall be amended accordingly upon approval by the governing body of an application for a Zoning Map change (map change application) and conditional use approval for a tract proposed to be developed as a TND.
[1]
Editor's Note: The Zoning Map is on file in the Borough offices.
B. 
In order to be eligible for approval of a map change application pursuant to this section, the following eligibility criteria shall be met:
(1) 
Areas proposed for TND (the TND tract) shall contain a total area of at least 35 contiguous acres and have frontage along the R-5 Commuter Railway.
(2) 
The TND tract must be in single ownership, or subject to an agreement among all owners to develop pursuant to a coordinated TND plan.
(3) 
The TND plan shall be designed in compliance with the Manual of Written and Graphic TND Design Guidelines (the Manual), which has been adopted by the Borough by ordinance to assist applicants in the preparation of proposals for TND, is incorporated herein by reference thereto,[2] and shall serve as the design standards for the TND District. Where the provisions of the Manual of Written and Graphic TND Design Guidelines conflict with the provisions of any ordinance adopted by the Borough pursuant to Articles V and VI of the Pennsylvania Municipalities Planning Code,[3] the provisions of the Manual shall control. Except in the event of such a conflict, the provisions of the ordinances shall apply.
[2]
Editor's Note: Said manual was adopted 9-19-2007 by Ord. No. 2007-08 and is on file in the Borough offices.
[3]
Editor's Note: See 53 P.S. § 10501 et seq. and 53 P.S. § 10601 et seq.
A. 
Retail mixed-use neighborhood: to create a neighborhood that provides a mixture of retail, commercial, residential, and civic uses. The commercial uses are restricted to those of appropriate size, scale, and intensity for the village setting. The application of the Manual will encourage commercial enterprise to which nearby residents might be inclined to walk or bicycle. This district should also provide for a range of civic and institutional uses, which often function as the center of activity to bring residents and immediately surrounding area residents to the TND core on a daily basis. The retail mixed-use neighborhood should be designed to encourage access to the train station to reduce automobile trips.
B. 
Live/work neighborhood: to provide for a transitional use of large lot residential-type first floor office/retail, second and third floor residential buildings comparable in architectural style to the existing large, older, single-family homes lining the eastern side of Brandywine Avenue. The intent of the neighborhood is to strengthen the streetscape and facade along Brandywine Avenue and Boot Road as well as visually blending the entrance from Brandywine Avenue into a townhouse neighborhood to the east.
C. 
Mid-density residential neighborhood: to provide a compact array of condominiums to the north of the retail mixed-use neighborhood and near the train station. The condominium layout should continue the streetscape scale, rhythm, and architecture consistent with the other neighborhoods. This neighborhood will provide housing in a nonintrusive manner, encouraging a far wider range of ages and lifestyles than the typical suburban neighborhood. The design of the mid-density residential neighborhood should encourage residents to walk, ride bicycles, and use the greenways and parks for access to work, the train station, and the retail mixed-use neighborhood. The proximity to the retail mixed-use neighborhood will provide residents a resource to meet their daily needs and provide social interaction.
D. 
Townhouse neighborhoods. The purpose of the townhouse neighborhoods is to provide for a compact settlement of townhouses in a residential neighborhood environment, accessible by alleys where possible, and complemented by a limited number of compatible civic and residential uses; in addition, to provide access within walking distance to neighborhood parks, greenways, and the retail mixed-use neighborhood. The neighborhood layout should provide rear-loaded alley-fed units with integrated garages to assure a well-defined and inviting streetscape that would encourage residents to walk, ride bicycles, and use the greenways to access work and the train station, thus enhancing social interaction and lessening the reliance on the automobile.
A. 
Retail mixed-use neighborhood (town center).
(1) 
The following principal uses shall be permitted within an area designated on the TND plan as a retail mixed-use neighborhood or town center:
(a) 
Transportation center;
(b) 
Public parking garage;
(c) 
Retail sales, except vehicular sales and/or service;
(d) 
Restaurant, restaurant-fast food, tearoom, cafe, bar, retail bakery, confectionary or other places preparing, selling, and/or serving food or beverages;
(e) 
Personal service establishment, such as barbershop, beauty salon, shoe repair, tailor, cleaning and pressing;
(f) 
General business, professional, governmental, and administrative offices;
(g) 
Bank or similar financial institution;
(h) 
Museum, library, gallery, theatre or other entertainment, educational or cultural use;
(i) 
Day-care facility;
(j) 
Medical or health care facilities;
(k) 
Outdoor amphitheater or similar public use;
(l) 
Hotel, conference center or civic center;
(m) 
Residential apartments, provided they are not located on the first floor and the minimum size of an apartment shall be 750 square feet and the average size of all apartments in any one building shall not be less than 1,000 square feet; the residential apartment need not be occupied by the owner of the business conducted on the first floor. No more than 30% of the total apartment units shall be of the minimum size herein; and
[Amended 7-7-2013 by Ord. No. 2013-06]
(n) 
Accessory uses.
(2) 
Uses by special exception. A use of the same general character as the foregoing uses shall be permitted when approved as a special exception.
B. 
Live-work neighborhood. The following principal uses shall be permitted within an area designated on the TND plan as a live-work neighborhood:
(1) 
Live/work triplex buildings, which may be used as follows:
(a) 
First floor:
[1] 
Retail sales, except vehicular sales and/or service;
[2] 
Restaurant, not including restaurant-fast food, tearoom, cafe, bar, retail bakery, confectionary or other places preparing, selling and/or serving food or beverages;
[3] 
Personal service establishment, such as barbershop, beauty salon, shoe repair, tailor, cleaning and pressing; and
[4] 
General business, professional, governmental and administrative offices.
(b) 
The second and third floors may be used for a residential dwelling unit that need not be occupied by the owner of the business conducted on the first floor.
C. 
Mid-density residential neighborhood. The following principal uses shall be permitted within an area designated on the TND plan as a mid-density residential neighborhood:
(1) 
Multifamily residential dwellings; and
(2) 
Retail or commercial office or other commercial uses, including a transportation center, provided that such uses shall be consistent in design with the residential buildings.
D. 
Townhouse neighborhoods. The following principal uses shall be permitted within an area designated on the TND plan as townhouse neighborhood.
(1) 
Townhouse (single-family attached/multifamily).
A. 
Retail mixed-use neighborhood (town center): five stories (not to exceed 60 feet), provided, however, that building height may be increased for an adaptive reuse of an existing structure.
B. 
Mid-density multifamily units: five stories (not to exceed 60 feet).
C. 
Townhouse neighborhood: three stories (not to exceed 35 feet).
D. 
Live/work triplex building: three stories (not to exceed 35 feet).
A. 
A development proposed pursuant to the TND Overlay shall provide a minimum of 30% of the total TND tract area as TND open space, which may be comprised of the following:
(1) 
Active recreation area;
(2) 
Passive recreation area;
(3) 
Constructed wetlands;
(4) 
Village greens; and
(5) 
Neighborhood parks and plazas.
B. 
The provision of TND open space in accordance with § 287-65.13A (Subsection A above) shall be demonstrated on the TND plan.
Provided that the overall residential density within the TND shall not exceed 10 dwelling units per acre, the following area and bulk regulations shall be as follows. Where a TND plan includes land located in an adjacent municipality, the Borough Council may consider that land area in calculating the overall density for the TND – Traditional Neighborhood Development.
A. 
Retail mixed-use neighborhood (town center):
(1) 
Minimum lot area: 25,000 square feet.
(2) 
Minimum lot width: 150 feet.
(3) 
Minimum front yard: two feet.
(4) 
Minimum rear yard: 15 feet.
(5) 
Minimum side yard: None required.
(6) 
Maximum building coverage: 45%.
(7) 
Maximum impervious coverage: 85%.
(8) 
Build-to line (except where exempt): 20 feet.
B. 
Mid-density multifamily units:
(1) 
Minimum use area: five acres.
(2) 
Minimum lot width: 150 feet.
(3) 
Minimum front yard: two feet.
(4) 
Minimum rear yard: 10 feet.
(5) 
Minimum side yard: 10 feet.
(6) 
Minimum distance between residential buildings: 20 feet.
(7) 
Maximum building coverage: 65%.
(8) 
Maximum impervious coverage: 80%.
(9) 
Maximum density: 24 dwelling units per acre.
(10) 
Build-to line (except where exempt): 13 feet.
C. 
Townhouse neighborhoods:
(1) 
Minimum use area: three acres.
(2) 
Minimum lot area: 1,340 square feet.
(3) 
Minimum lot width: 20 feet.
(4) 
Minimum front yard: four feet.
(5) 
Minimum rear yard: 18 feet.
(6) 
Minimum side yard: five feet (end units only).
(7) 
Minimum distance between unattached buildings: 20 feet.
(8) 
Maximum building coverage: 65%.
(9) 
Maximum impervious coverage: 85%.
(10) 
Maximum density: 10 dwelling units per acre.
(11) 
Build-to line (except where exempt): 10 feet.
D. 
Live/work triplex units:
(1) 
Minimum lot area: one acre.
(2) 
Minimum lot width: 100 feet.
(3) 
Minimum front yard: five feet.
(4) 
Minimum rear yard: 10 feet.
(5) 
Minimum side yard: 15 feet.
(6) 
Minimum distance between residential buildings: 30 feet.
(7) 
Maximum building coverage: 60%.
(8) 
Maximum impervious coverage: 60%.
(9) 
Maximum density: 10 dwelling units per acre.
(10) 
Build-to line (except where exempt): 13 feet.
A map change application and an application for approval of a corresponding TND plan shall meet all procedural requirements for a Zoning Map amendment as required by the Pennsylvania Municipalities Planning Code and Article XXIII of this chapter and shall include the submission of a TND plan and accompanying support data for the TND tract (the TND plan application), as follows:
A. 
TND plan.
(1) 
The base site plan for the TND shall be drawn at a scale of not less than one inch equals 50 feet and shall contain information sufficient to assess the impact of future development of the TND tract, including, but not limited to, the following:
(a) 
A plan showing the boundaries, total acreage, and existing structures, easements, rights-of-way, streets, railroads, sewers and sewage systems and aqueducts of the TND tract.
(b) 
The boundaries of each of the subdistricts within the entire TND tract, including, but not limited to:
[1] 
A conceptual depiction of the location of and proposed use in each subdistrict;
[2] 
Schematic groupings of buildings and structures (including a schedule of gross floor areas and heights);
[3] 
Total building area being proposed, represented by the total square gross footage of office, commercial, retail and total residential dwellings;
[4] 
A conceptual depiction of the proposed streetscapes and landscaped area.
(c) 
The general vehicular and nonvehicular circulation pattern for the entire TND tract, including points of access to the TND tract, and the location, dimensions, rights-of-way and ownership of the major road network that will link use areas.
(d) 
The source of and general methods by which water shall be supplied and sewage shall be treated and disposed, including, where applicable, proof of capacity availability from utility providers.
(e) 
The location and proposed use and disposition (including the scheduling of such disposition) to be made of any open space and other common areas and facilities.
(2) 
These elements shall be indicated in sufficient detail to serve as a firm commitment by the applicant with regard to the future development of the TND tract and for the governing body and the Planning Commission to evaluate the effect of the TND plan on the health, safety, and general welfare of the Borough. Except as otherwise set forth herein, a fixed and dimensional layout showing exact building locations, shapes, dimensions, and landscape plans, such as is required for land development approval, shall not be required for TND plan approval.
B. 
Existing features analysis.
(1) 
In order to determine which specific areas of the TND tract are suitable for development and which areas should be preserved in their existing state, an analysis of existing features shall be required. The following considerations must be included in the analysis and site planning responsive to these findings:
(a) 
Topography. An analysis of the terrain of the TND tract before, including two-foot interval contour lines, mapping of elevation and delineation of natural slope areas one-fourth acre or greater in extent according to the following categories: 0% to 15%, 15% to 25%, and over 25%.
(b) 
Drainage. An analysis of existing drainage patterns and water resources, including any streams, natural drainage swales, ponds or lakes, woodlands and marsh areas, and floodplain areas, and permanent and seasonal high water table areas which may affect development shall be included. Schematic provisions of stormwater management facilities and demonstrated compliance with the provisions of the existing stormwater ordinances then in effect for the Borough accompanied by a written analysis and conclusions as to anticipated methods (prepared by a professional engineer) shall be included.
(c) 
Geology: an analysis of the characteristics of rock formations underlying the site which may affect development.
(d) 
Soils: an analysis of soil types present on the site, including, if significant, delineation of any floodplain soils, prime agricultural soils, aquifer recharge soils, unstable soils, soils most susceptible to erosion and soils suitable for development. The analysis of soils shall be based on the County Soil Survey of the Soil Conservation Service.
(e) 
Vegetation: a plan showing the location of areas of significant natural growth, trees and other plant cover.
(f) 
Flood areas. A delineation of floodplain areas shall be required.
(2) 
Where approved by the governing body, the applicant may provide a fee in lieu of the foregoing analysis requirements.
C. 
Environmental impact analysis. An environmental impact analysis shall accompany the TND plan and be made part of the TND plan application. The environmental impact analysis shall include text, tables, maps, and analyses for the purpose of describing the project site, natural features, environmentally sensitive areas, proposed uses, impact of the proposed TND and any mitigation measures.
D. 
Transportation impact analysis. A transportation impact analysis of the TND tract and roadways within five miles of the boundary of the TND tract shall accompany the TND plan and be made part of the TND plan application. Such analysis shall include reasonably detailed plans and a projected phasing schedule of off-site improvements.
E. 
Community and fiscal impact analysis. A community and fiscal impact analysis shall accompany the TND plan and be made part of the TND plan application.
F. 
Escrow/public funding for off-site improvements. An agreement signed by the applicant to deposit with the Borough financial security (in accordance with the provisions of the subdivision regulations in Chapter 256 of the Subdivision and Land Development Ordinance) or evidence of public funding in an amount sufficient to cover the cost of all off-site improvements shown on the TND plan shall accompany the TND plan and be made part of the TND plan application.
G. 
Additional information. The following additional information shall accompany the TND plan and be made part of the TND plan application:
(1) 
A narrative describing how the proposed TND plan application complies with each of the statements of intent under § 287-65.8.
(2) 
A narrative generally describing proposed covenants, restrictions and development standards for the TND tract.
(3) 
A narrative description of existing zoning and land uses on and adjacent to the TND tract.
(4) 
An inventory of historical resources and existing open space, if any, and recreation areas on the TND tract.
The following procedures shall apply to the designation of a TND and the underlying subdistricts:
A. 
Application for zoning map change. The map change application shall be submitted to the governing body, together with such fee and on such forms as may be prescribed by the governing body, which shall, within 30 days of submission of a complete map change application, refer the application to the County and Borough Planning Commissions as required by Article XXIII. Not later than 60 days after submission of the map change application, plans and supporting information, the governing body shall hold a public hearing to consider the application, pursuant to public notice and posting of the TND tract as required by the Municipalities Planning Code[1] for a Zoning Map change. The governing body, within 45 days following the conclusion of the public hearing, shall, by written notice to the applicant, grant or deny approval of the map change application.
[1]
Editor's Note: See 53 P.S. 10101 et seq.
B. 
Conditional use review of TND plan application. The TND plan application shall be submitted to the governing body together with such fee and such forms as may be prescribed by the governing body, which shall, within 30 days of submission of a complete TND plan application, refer the TND plan application to the County and Borough Planning Commissions as required by Article XXIII. Not later than 60 days after submission of the TND plan application, plans and supporting information, the governing body shall hold a public hearing to consider the TND plan application, pursuant to public notice and posting of the TND tract as required by the Municipalities Planning Code for a Zoning Map change. The governing body, within 45 days following the conclusion of the public hearing, shall, by written notice to the applicant:
(1) 
Grant approval to the TND plan application as submitted;
(2) 
Grant approval to the TND plan application, subject to specified conditions not included in the TND plan application as submitted; or
(3) 
Deny approval to the TND plan application.
C. 
Authority to combine hearings. The governing body shall have the authority to combine into one hearing the hearings and notices required by this section for the map change application and for the TND plan application.
D. 
Criteria for TND plan application review.
(1) 
The governing body shall approve, approve with conditions or deny a TND plan application with findings and conclusions thereon. Decisions pertaining to a particular phase shall include review and recognition of the entire TND plan. Decisions in all phases shall be based on the following criteria:
(a) 
The extent to which the TND plan is consistent with the Borough and County Comprehensive Plans;
(b) 
The extent to which the TND plan's general design and character is reasonably compatible with surrounding properties, including both the improved and natural environment, as well as the following design elements:
[1] 
Anticipated building locations, bulk, and height.
[2] 
Location and design of streets, access and parking.
[3] 
The mix of proposed land uses.
(c) 
Site design techniques that concentrate development, minimize grading, soil erosion and water quality impacts or otherwise preserve significant natural features shall be incorporated to the extent reasonably practicable, unless it can be demonstrated that other site design techniques will accomplish a similar level of preservation.
(d) 
The extent to which the TND plan provides safe and adequate transportation systems, including vehicular and pedestrian access to and from the TND plan tract, including on-site circulation; and pedestrian, bicycle and transit circulation, including related facilities, among buildings and related uses on the development site, as well as to adjacent and nearby residential areas, transit stops, neighborhood activity centers, office parks and industrial parks.
(e) 
The extent to which the TND plan is consistent with the public health, safety and welfare.
(f) 
The extent to which public facilities and services will be impacted by the development in the TND plan.
(g) 
The extent to which residents of the development in the TND plan have sufficient usable recreation, outdoor living area and open space that is convenient and safely accessible.
(h) 
The extent to which the TND plan creates significant negative impacts from stormwater runoff on natural drainage courses either on site or downstream, including, but not limited to, erosion, or transport of sediment due to increased peak flows or velocity.
(2) 
The approval of a TND plan shall not obviate the need for all land development plan approvals otherwise required by the Subdivision and Land Development Ordinance;[2] the final land development plan shall be required to ensure that approval conditions are met.
[2]
Editor's Note: See Ch. 256, Subdivision of Land.
E. 
Authority to attach reasonable conditions to approval. In approving the TND plan application, the governing body may attach such reasonable conditions and safeguards to any approval, in addition to those expressed in this article, as it may deem necessary to protect the health, safety and welfare of the Borough residents.
F. 
Submission of subdivision and land development plan. Approval of the TND plan application shall not effect a subdivision or land development of any part of the TND tract. The developer, or any successor to the developer, for all or any portion of the development of the TND plan, shall comply with the Subdivision and Land Development Ordinance[3] to the extent that chapter is not inconsistent with the approved TND plan and the Manual. The application may include a subdivision and/or land development plan for the first phase of development of the TND plan. Conditional use approval of the TND plan application by the governing body will be in lieu of any other zoning or use approval otherwise required with respect to uses approved as a part of the TND plan application.
[3]
Editor's Note: See Ch. 256, Subdivision of Land.
G. 
Vested right to proceed. The applicant, or any successor to the applicant, for all or any portion of the development of the TND plan, shall have a vested right to proceed according to the TND plan application, and no subsequent change or amendment to the Zoning Ordinance, Subdivision and Land Development Ordinance,[4] or other governing ordinance or regulation shall be applied to affect adversely the right of the applicant, or any successor, to commence or complete any aspect of the approved TND plan application, or materially increase the amount of site improvements or the projected cost of construction of buildings and site improvements, for a period of 15 years from the date of conditional use approval of the TND plan application.
[4]
Editor's Note: See Ch. 256, Subdivision of Land.
H. 
Amendment of TND plan application.
(1) 
Once the TND plan is approved, permits may be issued only pursuant to approved land development plans which are consistent with the approved TND plan.
(2) 
The governing body may permit amendment of the TND plan upon application for amendment by an applicant representing the entirety of, or any portion of, the TND plan by following the procedures and criteria outlined in Subsections B, C and D of § 287-65.16.