[Amended 8-25-1994 by Ord. No. 1994-10; 11-10-1994 by Ord. No. 1994-12; 5-11-1995 by Ord. No. 1995-4; 7-25-1996 by Ord. No.
1996-6; 7-9-1998 by Ord. No. 1998-6; 3-25-1999 by Ord. No.
1999-1; 9-28-2000 by Ord. No. 2000-4; 3-25-2004 by Ord. No.
2004-1]
A.
Purposes. This district has been established and the
regulations of this article enacted in support of the following purposes:
(1)
To accommodate high-density development in locations
appropriate for such use by reason of access to transportation, characteristics
of land and feasibility of provision of public water supply and sewage
disposal.
(2)
To provide space for nonresidential activities of
a type, scale and use intensity compatible with nearby residential
development, thereby accommodating the establishment of a village
center area or areas to serve as a focal point for the surrounding
neighborhood.
(3)
To provide for development which mixes residential
and nonresidential uses in a pleasant, village-type environment.
(4)
To support nonmotorized transportation by requiring
the provision of facilities for pedestrians and cyclists as well as
by encouraging development that minimizes the distances between activity
centers.
(5)
To conserve environmentally constrained areas such
as wetlands, steep slopes and stream corridors.
B.
General regulations. The design of all subdivisions
in the HDV District shall be governed by the following minimum standards:
(1)
Ownership. A tract of land, whether owned individually
or jointly, shall be subdivided as a single tract of land. Joint owners
of a single tract of land shall not submit different plans for the
same tract of land.
(2)
Site suitability. As evidenced by the sketch plan,
preliminary plan and the final plan, the tract shall be suitable for
supporting development in terms of environmental conditions, its size
and configuration.
(3)
Intersections and access. New intersections with existing
public roads shall be minimized. Although two accessways into and
out of subdivisions containing more than 20 dwellings are generally
required for safety, proposals for more than two entrances onto public
roads shall be discouraged if they would unnecessarily disrupt traffic
flow.
(4)
Environmentally sensitive area disturbance. Pursuant to Article XX (Environmental Performance Standards) hereof, the proposed design shall strictly minimize disturbance of environmentally sensitive areas, including floodways, slopes greater than 15%, floodplains, wetlands, areas of seasonal high-water table and shallow bedrock areas. Demonstration by the applicant that these features will be protected by the proposed application shall be prerequisite to approval of both the preliminary plan and the final plan.
A.
Permitted uses. Structures may be erected, altered
or used and a lot or premises may be used for the following purposes
and no other:
(1)
Uses by right, in Option 1 conservation subdivisions,
shall be as follows:
(a)
Single-family detached dwellings.
(b)
Two-family dwellings.
(c)
Open space and recreation land.
(d)
Agriculture, subject to the further regulations of § 131-72, including accessory structures and uses to the extent which they support the agricultural function of the property, including barns, silos, bulk bins, roadside stands for the sale of goods grown or otherwise produced on the property and similar uses. The following activities are specifically excluded from this district: feedlots for livestock, mushroom houses, poultry houses and similar activities which typically emit noises and odors of such intensity as to be offensive to residential development.
(e)
Facilities or structures owned or operated by
the Township, a duly created municipality authority of the Township
or the county, state or federal government for the benefit of the
general public.
(f)
Uses customarily accessory to the above uses, including but not necessarily limited to private garages and parking areas; signs in conformance with § 131-78; accessory uses set forth and in conformance with § 131-70; and such other accessory uses as may be further regulated by this chapter or other regulations of the Township.
[Amended 8-26-2010 by Ord. No. 2010-01]
(g)
Communications antennas mounted on an existing
public utility transmission tower or an existing water tower and communications
equipment buildings.
(i)
Retirement homes.
[Added 3-3-2011 by Ord. No. 2011-01]
(3)
Uses by special exception. The following uses shall be permitted only upon the granting of a special exception by the Zoning Hearing Board in accordance with § 131-105B of this chapter:
(4)
Uses by right, in Option 3 village developments (villages).
The development shall be served by the public sanitary sewer system
and public water supply system. The following uses are permitted:
(a)
All of the uses permitted in § 131-27A(1) above.
(5)
Uses by conditional use, in Option 3 village developments (villages). The following uses shall require the granting of a conditional use permit by the Board of Supervisors in accordance with § 131-100 of this chapter.
(a)
Retail uses and service businesses.
[1]
The following neighborhood retail uses in Option 3 village development commercial/mixed-use areas in accordance with the requirements set forth in §§ 131-27A(6) and 131-28C and D of this article:
[a]
Retail uses, professional offices
and personal or professional services.
[b]
Bed-and-breakfast establishments.
[c]
Second-story residential uses are
encouraged, and shared parking arrangements may be allowed.
[d]
Artisan living/working uses, public
utilities facilities not owned or operated by the Township or a duly
created municipality authority of the Township and uses accessory
to the above.
[2]
Specifically excluded from the category of retail
uses and service businesses allowed in this subdistrict are flea markets,
indoor/outdoor amusement businesses, automotive sales, car washes,
gasoline stations, betting parlors, building supply stores, adult
bookstores, massage parlors and mini-storage facilities.
(6)
Locational considerations for uses in Option 3 village
development (village).
(a)
Residential lots in villages shall not be located
within 250 feet of the ultimate right-of-way line of Route 100.
(b)
Commercial/mixed-use areas in villages shall
be located so they are easily accessible by pedestrians from as much
of the residential areas as possible (preferably within 1,500 feet,
a five-minute walk). Nonresidential uses that are intended to serve
an area beyond the village itself shall be located to permit vehicular
access from outside the village without passing through residential
streets. This part of the village may be located close to state-numbered
highways.
(c)
Villages are intended to provide for a range
of complementary uses and may consist of two areas: residential and
commercial/mixed-use areas. These areas are intended to provide for
the diversity necessary for traditional village life while maximizing
the interactions among related uses while minimizing the adverse impacts
of different uses upon each other. The village residential area is
intended to contain a variety of housing options and related uses.
The village commercial/mixed-use area is intended primarily to provide
uses that meet the retail and service needs of a traditional village
center and its vicinity within one- and two-story buildings and may
contain other compatible uses such as civic and institutional uses
of community-wide importance, specifically including second-floor
residential uses. The village commercial/mixed-use area may be located
either at the approximate center of the village or at the edge, near
an existing major or minor collector. If the village commercial/mixed-use
area is located along such a thoroughfare, parking areas shall be
screened from view, preferably in locating them behind those commercial
buildings, as seen from the collector.
(7)
In the HDV District, bearing the additional subdesignation
"Mobile Home Park Overlay" on the Official Zoning Map of Washington
Township,[2] a mobile home park may be developed as a permitted use subject to and in strict accordance with regulations of Chapter 70 of the Washington Township Code entitled "Mobile Home Parks." This overlay development shall be initiated by the filing of a subdivision land development plan[3] designating the use as a mobile home park. In the event of any conflict or ambiguity between the provision of Chapter 70, Mobile Home Parks, and provisions of Chapter 131, Zoning, or the provision of Chapter 107, dealing with subdivision and land development, the provisions of Chapter 70 shall govern and control.
A.
Option 1 conservation subdivisions area and bulk regulations.
(1)
Density factor. One dwelling unit per 30,000 square feet of the adjusted tract area as set forth in Article XX of this chapter, provided that all such development shall be in conformance with the following requirements:
(a)
Determining number of lots permitted. The number
of lots permitted upon a tract in the HDV District shall be determined
according to the formula:
 | |||
|
Where
| |||
|
ATA
|
=
|
The adjusted tract area, in square feet, of
the tract proposed for development.
| |
|
N
|
=
|
The number of residential lots permitted. Fractional
values of N shall be disregarded.
| |
(2)
Minimum lot area: 12,000 square feet where public
sewage disposal is provided; one acre in all other circumstances.
(3)
Minimum lot width: 70 feet.
(5)
Maximum percentage of impervious surface: 40% limit
on each lot.
(6)
Maximum building height: 30 feet.
B.
Option 2 country properties area and bulk regulations.
(1)
Density factor: one dwelling unit per four acres,
adjusted tract area.
(2)
Minimum lot area: four acres, ATA. All lots created
under Option 2 that are less than eight acres, ATA, shall be permanently
restricted through a conservation easement from further subdivision
and the development of more than one dwelling. For lots created that
are greater than eight acres, ATA, the Board may, at its discretion,
require such restrictions as to ensure that the greenway land and/or
Option 2 requirements may be met in the future.
(3)
Minimum lot width: 150 feet.
(5)
Maximum percentage of impervious surface: 4% limit
on each lot.
(6)
Maximum building height: 30 feet.
(7)
Open space and recreation land: none required.
C.
Option 3 village developments (villages) area and
bulk regulations.
(1)
Density factor. One dwelling unit per 10,000 square feet of the adjusted tract area as set forth in Article XX of this chapter, provided that all such development shall be in conformance with the following requirements:
(a)
Determining the number of units permitted. The
maximum number of residential units permitted upon a tract in the
HDV District shall be determined according to the formula:
 | |||
|
Where
| |||
|
ATA
|
=
|
The adjusted tract area, in square feet, of
the tract proposed for development.
| |
|
N
|
=
|
The number of residential lots permitted. Fractional
values of N shall be disregarded.
| |
(3)
Minimum lot area: 7,500 square feet.
(4)
Minimum lot width at building line: 75 feet.
(5)
Yard setbacks. The builder or developer is urged to
consider variations in the principal building position and orientation
but shall observe the following minimum standards:
(6)
Maximum percentage of impervious surface: 60% limit
on each lot.
(7)
Maximum building height: 30 feet.
(8)
Scale criteria for Option 3 village developments (villages).
The minimum land area required for a village shall be three acres,
adjusted tract area. The minimum land area required in order to develop
a village commercial/mixed-use area shall be 26 acres, adjusted tract
area.
D.
Dimensional, intensity and design standards for Option
3 village commercial/mixed-use areas.
(1)
Use intensity standards.
(a)
New commercial buildings in village commercial/mixed-use
areas and their associated parking spaces shall not occupy more than
25% of the adjusted tract area.
(b)
Nonresidential parking areas shall typically
be allowed to occupy up to 80% of their building sites, with relatively
little land between structures or between structures and the sidewalk.
Parking areas shall generally be located behind shops (and occasionally
to one side, if adequately screened from the street) and should be
the primary focus of landscaping and buffering efforts (particularly
where they abut adjoining residential lots).
(2)
Minimum lot area. The minimum lot area for nonresidential
uses in village commercial/mixed-use areas shall be determined by
adding 20% to the land area needed for the structure, on-lot parking,
ingress/egress and any on-site infrastructure that is required (e.g.,
stormwater management areas). The additional 20% shall constitute
setbacks and landscaped buffers.
(3)
Minimum lot width: 75 feet.
(5)
Maximum building height: 35 feet (but 75 feet for
church steeples).
(6)
Additional design standards.
(a)
New buildings in the village commercial/mixed-use
area shall be subject to a maximum front setback (the build-to line)
in order to maintain a strong sense of streetscape. Such buildings
shall generally be of two-story construction and shall be designed
in accordance with the design standards set forth below.
(b)
Ground floor space shall generally be reserved
for pedestrian-oriented retailing and services, with offices and housing
above.
(c)
Each village commercial/mixed-use area shall
have a primary common or green of at least 10,000 square feet, which
should ideally be surrounded by two-story development that may include
commercial, residential, civic and institutional uses. This primary
common shall border on the principal street running through the commercial/mixed-use
area or be located so as to constitute the terminal vista of that
street. No green shall contain more than 10% coverage by impervious
surfaces.
(7)
Parking.
(a)
Nonresidential off-street parking shall be to
the side or rear or located within internal parking areas not visible
from the street.
(b)
On-street parking spaces along the street frontage
of a lot (except where there are driveway curb-cuts) shall be counted
toward the minimum number of parking spaces required for the use on
that lot.
(c)
On-street parking spaces shall be designed to
be parallel to the curb.
(d)
Off-street parking may be located within 600
feet (measured along a publicly accessible route) from the lot containing
the use to which the parking is accessory. Said lot containing the
parking shall be owned or leased to the owner of the principal use,
or the lot containing the parking shall be dedicated to parking for
as long as the use to which it is accessory shall continue and it
is owned by an entity capable of assuring its maintenance as accessory
parking.
A.
(Reserved)
B.
Discretionary density bonuses. Additional density
may be allowed by the Board when one of the following public benefits
is proposed:
(1)
Public usage of greenway land. The Board may encourage
the dedication of land for public use (including active and passive
recreation areas, municipal buildings, etc.) according to the following
standards. A density bonus for greater public usage of greenway land
in new subdivisions shall be computed on the basis of a maximum of
one dwelling unit per five acres of greenway land that becomes publicly
accessible. The decision whether to accept an applicant's offer to
dedicate greenway land to public usage within a proposed subdivision
shall be at the discretion of the Board.
(2)
Endowment for greenway maintenance.
(a)
The Board may allow up to a 10% density bonus
to generate additional income to the applicant for the sole purpose
of endowing a permanent fund to offset continuing costs of maintaining
the greenway land (involving activities such as mowing meadows, removing
invasive vines, paying insurance premiums and local taxes, etc.),
including costs associated with active or passive recreation facilities.
Spending from this fund should be restricted to expenditure of interest
so that the principal may be preserved. Assuming an annual average
interest rate of 5%, the amount designated for the endowment fund
shall be at least 20 times the estimated annual maintenance costs.
Such estimate shall be prepared by an agency, firm or organization
acceptable to the Board and with experience in managing conservation
land and recreational facilities.
(b)
Because additional dwellings, beyond the maximum
that would ordinarily be permitted, may reasonably be considered to
be net of development costs and represent true profit, 75% of the
net selling price of the endowment lots shall be donated by the applicant
to the greenway maintenance endowment fund for the greenway lands
within the subdivision. This fund shall be transferred by the developer
to the designated entity with ownership and maintenance responsibilities
(such as a homeowners' association, a land trust or the municipality)
at the time this designated entity is created.
(c)
When estimating the projected maintenance costs
of the greenway land, it is not necessary to include greenway land
that is not accessible by the subdivision residents for their common
enjoyment. Such lands would typically include areas designated on
the final plan for future agricultural, horticultural, silvicultural
or equestrian uses, which may be leased or sold to another party for
those express purposes, and which are protected from future development
by a permanent conservation easement. In such cases, the density bonus
shall be adjusted proportionately to reflect only the acreage that
is accessible to residents for their passive or active recreation.
C.
(Reserved)
D.
Modifications.
(1)
The Board may, by conditional use approval and after
a public hearing, permit the modification of the Option 3 village
development (village) provisions of this article, in order to encourage
a well-planned traditional town center. However, in terms of modifying
any dimensional requirement (lot area, width, setbacks, etc.), such
modification may not vary by more than 25%.
(2)
Any conditional use to permit such a modification
shall be subject to the following criteria.
(a)
The design and modifications shall be in harmony
with the purposes and the land-use standards contained in this article.
(b)
The design and modifications shall generally
enhance the development plan, the central core area, the streetscapes
and the neighborhoods, or at least not be any less desirable than
the plan that could be created in conformance with this article.
(c)
The design and modifications shall not produce
lots or street systems that would be impractical or detract from the
appearance of the district and shall not adversely affect emergency
vehicle access or deprive adjoining noncommercial properties of adequate
light and air.
(d)
Increased residential density or intensification
of nonresidential uses shall, in general, not be considered by the
Board.
(e)
The applicant shall demonstrate that the proposed
modifications will produce equal or better results, from the municipality's
perspective, and represent the minimum modification necessary.
(3)
If the Board determines that the applicant has met
his/her burden, it may grant a modification of the requirements of
this article. In granting modifications, the Board may impose such
conditions as will, in its judgment, secure the objectives and purposes
of this article.
