In expansion of the declaration of legislative intent contained in Article I, § 113-3, of this chapter and the statement of community development objectives contained in Article I, § 113-5, of this chapter, it is hereby declared to be the intent of this article to establish reasonable controls and standards for garden apartment dwellings in those areas of West Conshohocken where the existing community character, good vehicular access and the presence of sewer and water facilities would most readily accommodate the highest intensity of residential dwelling type permitted in the Borough, for the benefit of the prospective garden apartment residents and in furtherance of the general welfare of West Conshohocken.
In the Garden Apartment District, a building may be erected, altered or used and a lot may be used or occupied for any of the following uses, and no other:
A. 
Garden apartments.
B. 
Parks, playgrounds, tot lots and open spaces.
C. 
No-impact home-based businesses as defined in Article II herein.
[Added 4-8-2003 by Ord. No. 03-05, approved 4-8-2003[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsections C and D as Subsections D and E, respectively.
D. 
The following conditional uses, when authorized by the Borough Council:
(1) 
Indoor recreation facility, community center or similar use, provided that it is intended solely for the prospective residents of the development.
(2) 
Professional office or studio use in conjunction with a residential development, provided that such use(s) shall not exceed 10% of the total first-floor area of each principal building.[2]
[2]
Editor's Note: Former Subsection C(3), allowing a mid-rise apartment as a conditional use, which immediately followed this Subsection C(2), was repealed 12-18-1991 by Ord. No. 415.
E. 
Accessory uses on the same lot with and incidental to any permitted use.
The following minimum tract size and maximum density shall apply in the Garden Apartment District:
A. 
Minimum acreage. A proposal for garden apartments shall have a minimum tract area of 60,000 square feet, excluding the existing rights-of-way of all public roads, before a development plan can be submitted to the Borough for consideration.
B. 
Maximum density. In the Garden Apartment District, the maximum permitted density shall be 20 dwellings units per developable acre, and the number of bedrooms per developable acre shall not exceed 24.
[Amended 12-18-1991 by Ord. No. 415]
The following development regulations shall apply in the Garden Apartment District:
A. 
General regulations.
(1) 
Ownership. The tract of land to be developed shall be in one ownership, or shall be the subject of an application filed jointly by the owners of the entire tract; and it shall be agreed that the tract will be developed under single direction in accordance with an approved plan. Development of the tract shall commence within 18 months of approval under this article or the zoning of said tract shall revert to its former classification. Transfer of ownership prior to the commencement of construction shall render the development agreement required in § 113-43A(3) herein void. Said agreement shall then be renegotiable between the new owners and the Borough Council.
(2) 
Sewer and water facilities. The tract of land shall be served by public water facilities and public sewer facilities, or alternate systems deemed acceptable by the Borough Council and Pennsylvania Department of Environmental Protection, upon recommendations by the Borough Engineer.
[Amended 12-17-1996 by Ord. No. 96-015, approved 12-17-1996]
(3) 
Development stages and permits. The development of a tract, carried out in either a single phase or in stages, shall be executed in accordance with a development agreement. The owner, developer and Borough shall enter into said agreement embodying all details regarding compliance with this article to assure the binding nature thereof on the overall tract and its development, which agreement shall be recorded with the final development plan.
B. 
Other regulations. The following other regulations shall be followed by all developments within the Garden Apartment District.
(1) 
Utilities. All utility lines (electric, telephone, etc.) shall be placed underground.
(2) 
Height regulations. The maximum height of buildings or structures erected or enlarged within this district shall be 42 feet, not to exceed three stories, and not more than one story for any garage, basement or other accessory structure which shall not exceed 14 feet in height.
[Amended 12-18-1991 by Ord. No. 415; 4-8-2003 by Ord. No. 03-03, approved 4-8-2003]
(3) 
Parking. There shall be provided area equivalent to two off-street parking spaces per dwelling unit.
(a) 
Subject to the provisions of § 113-104 of this chapter, a minimum of 75% of the parking area may be paved with the remaining area reserved until such time as the landowner or the Borough determines that existing paved areas have become inadequate.
(b) 
In addition to parking provided for dwelling units, other permitted uses, where included, shall be provided with parking space in accordance with Article XV herein, which shall be in addition to that required for dwelling units.
(c) 
Parking spaces shall be placed so as not to interfere with any recreation or service area and shall not be less than 20 feet from property lines or ultimate street right-of-way lines.
(4) 
Signs. Signs shall be permitted subject to the requirements of the West Conshohocken Sign Ordinance.[1]
[1]
Editor's Note: See Art. XXIII, Signs.
(5) 
Access. Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the garden apartment development without causing undue confusion or interference with the normal traffic flow. The Planning Commission shall satisfy itself concerning the adequacy of the thoroughfare to carry the additional traffic generated by development in this district, as well as to the access points to the proposed development.
(6) 
Lighting facilities. Lighting facilities shall be provided as needed and arranged in a manner which will protect the highway and neighboring properties from unreasonable direct glare or hazardous interference of any kind. Lighting facilities shall be required where deemed necessary for the safety and convenience of the residents of the development and shall be installed by the developer at his expense.
(7) 
Landscaping. Landscaping, including buffers, screens, parking lot landscaping, street trees and preservation of existing vegetation, shall be provided according to the requirements of Chapter 102, the Borough Subdivision and Land Development.
[Amended 11-14-1995 by Ord. No. 95-436, approved 11-14-1995]
(8) 
Recreation and open space; amenities. The developer shall give consideration to the provision of community areas, laundry facilities, playgrounds and tot lots and other services necessary for the comfort and convenience of the prospective residents in the Garden Apartment District. In this regard, the developer shall provide a minimum of 20% of the total site area as open space usable for active or passive recreation by the residents of the development.
(9) 
Building coverage. Not more than 30% of the area of each development may be occupied by buildings.
(10) 
Setback from streets. There shall be a setback from the street line on which the development abuts which shall be not less than 25 feet in depth.
[Amended 12-18-1991 by Ord. No. 418]
(11) 
Setback from property lines. There shall be a setback from the rear property line of not less than 25 feet and from the side property lines of 20 feet.
(12) 
Distance between buildings. The horizontal distance, measured in feet, between parallel elements of buildings shall be not less than 25 feet.
(13) 
Building size.
(a) 
No single building shall have a total length, including angles, greater than 200 feet.
(b) 
The joining of two or more buildings by means of an extension of a roof or enclosed walkway shall not in itself be deemed to create a single building.
(14) 
Service. Areas for loading and unloading delivery trucks and other vehicles and for servicing refuse collection, fuel and other services shall be provided and shall be so arranged that they may be used without blockage or interference with the use of accessways or automobile parking facilities.
The application for development shall be accompanied by a plan or plans showing the detailed use of the entire tract, which plan or plans also shall comply with all requirements of other applicable ordinances of the Borough. The plan shall clearly designate the proposed use(s) of each area of the tract. Development plans required in this district shall include the following:
A. 
The location and size of the site with evidence supporting the general adequacy of the development.
B. 
The proposed residential density and the area planned for nonresidential uses.
C. 
The location, size, accessibility and proposed uses of the required open space.
D. 
The feasibility of proposed utility and drainage systems.
E. 
The text of covenants, easements and existing restrictions or those to be imposed upon the land or structure, including provisions for public utilities.
F. 
In the case of plans involving staged development over a period exceeding one year, a schedule showing the time and manner of completion of all phases of construction.
G. 
The total number and location of all off-street parking spaces, including parking reserve areas, if applicable.