[Added 12-13-2007 by Ord. No. 845]
[1]
Editor’s Note: This article title was amended, to include
the word "overlay," 1-28-2010 by Ord. No. 893. Said ordinance also
provided that all references to said district would be construed to
be the name as amended.
The legislative intent of this article with
respect to the Riverfront Development District (RDD) is to recognize
the unique character and natural resources of the Schuylkill Riverfront
and to preserve and enhance the public's access to the area. It is
further the intent to establish reasonable standards for the height
and size of buildings, the areas and dimensions of yards and open
spaces, the provision of facilities to minimize traffic congestion,
noise, glare and pollution so as to lessen the danger to the public
safety and surrounding building values from traffic congestion, overcrowding
of land and inadequate transportation and to establish reasonable
standards for the riverfront area. It is further the intent of the
RDD to:
A.
Allow mixed use development and redevelopment with
a distinction between the area that is riverfront and the supporting
area beyond (to be known as the "RDD-1 and RDD-2 Subdistricts" respectively).
B.
Provide a uniformity of design and orderly arrangement
of buildings, land uses and parking areas.
C.
Acknowledge the unique character of both the area
along the riverfront and the area immediately beyond the riverfront.
D.
Recognize the proximity of the rail station and the
need for transit-oriented development and redevelopment.
E.
Ensure greater public access to the riverfront and
provide for a greenbelt along the river.
F.
Implement the Comprehensive Plan.
G.
Implement transfer of development rights as a tool
to promote development and redevelopment while conserving land in
other areas of the Township.
H.
Promote redevelopment to correct inadequate street
patterns and access, abandoned industrial buildings that are obsolete
in terms of economic feasibility, or are incompatible with surrounding
uses, in order to allow better use of the waterfront properties.
A.
Areas where the RDD-1 and RDD-2 subdistricts apply
are shown on the Zoning Map of Whitemarsh Township.
B.
The RDD shall be deemed to be an overlay on the area
designated on the Zoning Map of Whitemarsh Township.
(1)
In those areas of Whitemarsh Township where
the RDD applies, the requirements of the RDD shall be additive to
the requirements of the underlying zoning district(s) and in the event
of a conflict, take precedence over the underlying zoning district(s).
(2)
Should the RDD boundaries be revised as a result
of legislative or administrative actions or judicial decision, the
zoning requirements applicable to the area in question shall revert
to the requirements of the underlying zoning district(s) without consideration
of this article.
(3)
If a structure is otherwise permitted by virtue of the requirements of the RDD, relief from the Zoning Hearing Board from the provisions of Article XXXV, Riparian Corridor Conservation District, shall not be required, provided approval is recommended to the Board of Supervisors by the Township Engineer.
B.
Commercial uses.
(1)
Retail (with a maximum floor area limit for
any individual use of 30,000 square feet).
(2)
Office.
(3)
Restaurant, including outdoor dining and take-out
service.
(4)
Bank or other financial institution.
(5)
Child or adult day-care center.
(6)
Parking structure, provided that a freestanding
parking structure is considered a building for purposes of computation
of building coverage and all other dimensional requirements of this
district.
(7)
Clubhouse facility as part of a residential
development.
(8)
Mixed use including any permitted use in the
appropriate RDD-1 or RDD-2 Subdistrict.
D.
Any use of the same general character as any of the
uses above is permitted when authorized as a conditional use, provided
that:
(1)
The applicant can demonstrate that traffic and
other impacts are similar to those of permitted uses.
E.
Conditional uses.
(1)
More intensive development pursuant to § 116-281A(7)(d) herein.
F.
Additional conditional uses permitted in the RDD-1
Subdistrict (Riverfront Area):
(1)
Hotel, including meeting room facilities when
ancillary and subordinate to the hotel.
(2)
Recreational open space, boat club/boathouse,
river-oriented recreation and marina.
(3)
Community center or library.
(4)
Cultural center or museum.
(5)
School, public or private, primary or secondary.
(6)
Fitness center, health club, or racquet club.
(7)
Theater.
(8)
Places of worship.
(9)
Public/private utilities including telecommunication
facilities, satellite antennas and similar equipment on proposed buildings
and structures.
(10)
Continuing care retirement community, pursuant to the provisions of § 116-281C, including:
[Added 4-28-2011 by Ord. No. 906]
(a)
Independent senior units.
(b)
Assisted-living facilities.
(c)
Skilled nursing facilities.
(d)
Ancillary services for use of senior residents and their guests,
in the aggregate limited to no more than 20,000 square feet of floor
area and limited to the following activities and uses:
[1]
Dining facilities.
[2]
Medical treatment facilities.
[3]
Rehabilitation and physical therapy facilities.
[4]
Auditorium and activity rooms.
[5]
On-site retail and services facilities.
[6]
Administrative offices used in the management of the facility.
[7]
Guest overnight accommodations.
[8]
Accessory uses.
G.
Drive-in or drive-through uses are specifically prohibited
in the RDD-1 and RDD-2 Subdistricts.
H.
In the RDD-1 Subdistrict, a minimum of 2% of the footprint
area of a residential development must contain a permitted nonresidential
use(s); provided, however, that such area shall not be less than 2,000
square feet.
A.
RDD-1 Subdistrict.
(1)
Minimum lot area: three acres
(2)
Minimum width at building setback line: 200
feet.
(3)
Minimum building setbacks:
(a)
Perimeter: From all property lines, 20 feet
for up to four habitable stories above the floodplain; any portion
of the building above four habitable stories must be setback a minimum
of 30 feet; any portion of the building above six habitable stories
must be setback a minimum of 35 feet. The minimum setback from the
ultimate right-of-way of abutting streets shall be 10 feet with an
average of 20 feet. For a building with greater than six habitable
stories, the minimum setback from the ultimate right-of-way of abutting
streets shall be 15 feet with an average of 25.
(b)
From other unattached buildings on the same
site, the minimum setback shall be 40 feet, so long as the average
setback is equal to the height of the taller building, up to a maximum
of 70 feet.
[Amended 8-14-2008 by Ord. No. 857]
(c)
From public trails, buildings shall be set back
10 feet. For stairs associated with public trails, buildings shall
be set back five feet.
[Amended 10-13-2011 by Ord. No. 908]
(d)
In the event that a property abuts a utility
or railroad, the setback from any utility or railroad right-of-way
shall be 10 feet.
(4)
Minimum parking setback: 15 feet from all property
lines.
(5)
Building coverage: maximum of 40% of the total
lot area, unless an integrated parking structure is utilized, in which
case the building coverage may be increased as long as overall impervious
coverage requirements are met. A freestanding parking structure is
considered a building for purposes of computation of building coverage.
(6)
Density: Residential density shall not exceed 30 dwelling units per gross acre, except as otherwise provided in § 116-281A(7)(d), below.
(7)
Building height.
(a)
Maximum building height is four habitable stories above the floodplain except in the case of single-family houses which shall be a maximum of three habitable stories above the floodplain. The number of stories of an attached parking garage is not regulated as long as it does not exceed the height of the lowest building to which it is attached. In addition, no portion of the parking garage shall be visible from the riverfront access and open space as required by § 116-284 herein.
(b)
A freestanding parking structure shall not exceed
a height of 60 feet.
(c)
One hundred percent of a building, other than
a freestanding parking structure, shall be permitted to be constructed
to the maximum habitable stories above the floodplain as long as no
more than 75% of the footprint is at one height with the remainder
being at least one story lower. This requirement applies to any building
of four stories or higher.
(d)
For buildings other than freestanding parking
structures, residential density may be increased to 50 dwelling units
per gross acre and building height may be increased to a maximum of
six habitable stories above the floodplain, as a conditional use,
provided the following conditions are met:
[1]
A right-of-way of at least 25 feet in width is provided to the Township perpendicular to the Schuylkill River to provide public access to the river in accordance with § 116-284D.
[2]
A red shale macadam area of at least 10 feet
in width shall be provided within the right-of-way.
[3]
Building height shall be varied to allow vistas to the river in accordance with § 116-281A(7)(c) herein.
[4]
The building includes more than one level of
structured parking above grade and no more than 10% of the parking
shall be surface parking.
[5]
At least 75% of the building is residential.
[6]
A minimum of 5% of the parking spaces provided
are designated for public use.
(e)
Notwithstanding the provisions of § 116-32B, a parapet wall, cornice or similar projection of sufficient height to screen mechanical equipment on the roof of a building (as seen from the ground) shall be provided but may be excluded in the calculation of height, provided that it shall be no higher than 12 feet.
(8)
Impervious ground cover: 75% maximum of the
total lot area if the maximum building height is four habitable stories
above the floodplain or less. If the maximum building height is greater
than four habitable stories above the floodplain, the maximum impervious
cover shall be 65%.
B.
RDD-2 Subdistrict.
(1)
Each single-family detached dwelling shall be
subject to the following minimum area, width and yard requirements
and maximum height, building coverage, and impervious ground cover
requirements:
(a)
Minimum lot area: 6,000 square feet.
(b)
Minimum width at building setback line: 40 feet.
(c)
Minimum front yard: 20 feet.
(d)
Minimum side yard: 10 feet.
(e)
Rear yard: 30 feet.
(f)
Maximum height: 35 feet for the principal building
and 20 feet, not exceeding one story, for an accessory building.
(g)
Maximum building coverage: 25% of the total
lot area.
(h)
Maximum impervious ground cover: 40% of the
total lot area.
(2)
Each attached single-family dwelling unit shall
be subject to the following minimum area, width and yard requirements
and maximum height, building coverage, and impervious ground cover
requirements:
(a)
Minimum lot area: 2,200 square feet.
(b)
Minimum width at building setback line: 20 feet.
(c)
Minimum front yard: none required.
(d)
Minimum side yard, where they occur: 15 feet.
(e)
Minimum rear yard: 30 feet minimum. Accessory
buildings may be situated in the rear yard, but not any closer than
five feet from a side lot line.
(f)
Fences and walls. No fence or wall over six
feet in height, except a retaining wall or a wall of a building permitted
under the terms of this chapter, shall be erected within three feet
of the rear lot line of any single-family attached residential lot.
In instances where the side lot line does not pass through a common
wall, no such fence or wall shall be erected within three feet of
said side lot line.
(g)
Maximum height: 35 feet for the principal building
and 20 feet, not exceeding one story, for an accessory building.
(h)
Maximum building coverage: 60% of the total
lot area.
(i)
Maximum impervious ground cover: 75% of the
total lot area.
(3)
Buildings other than single-family detached
or attached dwelling units shall be subject to the following minimum
area, width and yard requirements and maximum height, building coverage,
and impervious ground cover requirements.
(a)
Minimum lot area: 10,000 square feet.
(b)
Minimum width at building setback line: 75 feet.
(c)
Minimum front yard: none required.
(d)
Minimum side yard: 15 feet.
(e)
Minimum rear yard: 30 feet.
(f)
Maximum height: three habitable stories above
the floodplain with a maximum of 35 feet for the principal building
and 20 feet, not exceeding one story, for an accessory building.
(g)
Maximum building coverage: 60% of the total
lot area.
(h)
Maximum impervious ground cover: 75% of the
total lot area.
C.
Continuing care retirement community as permitted by § 116-280F(10):
[Added 4-28-2011 by Ord. No. 906]
(1)
Minimum
lot size: 4.0 acres.
(2)
Minimum
lot width at building setback line: 200 feet.
(3)
Minimum
front yard: 15 feet.
(4)
Minimum
side yard: 25 feet.
(6)
Maximum
height: six stories residential/plus no more than three stories of
garage parking: nine stories maximum.
(7)
Maximum
building coverage: 50%.
(8)
Maximum
impervious coverage: 75%.
(9)
Density:
Senior housing density shall not exceed 85 independent units per gross
acre. Assisted and skilled beds should be allowed up to 25% of the
independent beds. For the purposes of this subsection, every three
beds in the assisted-living facilities and skilled nursing care facilities
shall be deemed the equivalent of one dwelling unit.
A.
Parking structures, whether freestanding or integral with other uses in the same building, shall have another permitted first floor use on any portion of the structure visible from any streets, required pathways, or riverfront access or suitable architectural treatment shall be provided. For any parking structures, whether freestanding or integral with other uses in the same building, which contain three or more parking levels, another permitted first floor use on any portion of the structure visible from any streets, required pathways, or riverfront access, shall be mandatory, if the first floor is out of the floodplain. If the first floor is within the floodplain, suitable architectural treatment shall be provided. Any additional floors of exposed parking structures shall also have suitable architectural treatment. Suitable architectural treatment shall be as defined in Subsections B, C and D below and § 116-283A(2) and (4) herein.
B.
When part of a development with other principal uses,
a parking structure must use the dominant exterior materials of the
adjoining building and be of a similar vernacular style.
C.
Exterior materials utilized for parking structures
shall effectively and attractively obscure the view to the interior
of all parking decks.
D.
Parking structures shall be designed such that sloping
circulation bays are internal to the structure and not expressed in
the exterior treatment of the parking structure.
E.
Required off-street parking facilities shall be in accordance with § 116-184, except that 1.75 parking spaces per dwelling unit shall be required for residential uses and residential uses shall not be subject to the overflow parking requirements of Chapter 105, Subdivision and Land Development § 105-38W. As a conditional use, the total number of parking spaces for all of the uses may be reduced based on the following:
[Amended 8-14-2008 by Ord. No. 857]
(1)
In the case of a unified development plan in
which there are efficiencies derived by shared parking for uses which
have complementary peak demands, the applicant shall submit parking
generation data based upon standard methodology (such as that published
by the ITE, Institute of Transportation Engineers) sufficient for
the Board of Supervisors to determine the appropriate reduction.
(2)
In the case of a unified development consisting
solely of two or more contiguous uses of the same classification,
the Board of Supervisors may permit a reduction of the aggregate amount
of required parking based upon a determination that greater efficiency
is effected by joint use of a common parking area, but in such case
the required number of off-street parking spaces shall not be reduced
by more than 25%.
(3)
In the case of a continuing care retirement community as permitted in § 116-280F(10), parking shall be provided in accordance with the following standards:
[Added 4-28-2011 by Ord. No. 906]
F.
Parking may be permitted in the floodplain and riparian corridor in the RDD without relief from the Zoning Hearing Board from the provisions of Article XXII, Floodplain Conservation District, and Article XXXV, Riparian Corridor Conservation District, provided that a parking evacuation plan is provided by the applicant and is approved by the Board of Supervisors.
A.
Architectural criteria.
(1)
Variations in rooflines shall be used to screen
HVAC, telecommunications, utility or other similar equipment and to
provide interest and reduce the scale of large buildings. Roofs should
provide a variety of vertical dimensions. Multiplaned and intersecting
rooflines are encouraged. Flat-roofed designs are discouraged. However,
if utilized, then flat roofs shall include architecture/details such
as cornices, decorative facings and arches to provide interest to
the roofline. Additionally, all roof types should have at least one
of the following features:
(2)
Specific permitted dominant materials. Each
development should be of a single, unified architectural style. The
exterior building skin shall be composed of one dominant facing material
and not more than two additional materials. The dominant material
shall comprise 60% or greater of each building elevation, with the
exception of any side that is hidden or otherwise cannot be viewed
from an abutting street or from the riverfront. The requirements for
dominant building materials herein shall also be applicable to freestanding
parking structures and parking structures attached to another principal
building.
(a)
Dominant exterior materials may include:
[1]
Wood (to also include fiber-cement exterior
siding with wood texture and finish or equivalent).
[2]
Brick.
[3]
Stone, or stone veneer (cultured stone or equivalent).
[4]
Concrete masonry unit (CMU). CMU is allowed
only as split face block or block molded with a textured surface.
[5]
Architectural precast concrete panels.
[6]
Glass, warm and cool tones.
[7]
Stucco and synthetic stucco.
(3)
Architectural style of the development shall
be designed to avoid the massive scale and uniform impersonal appearances
of a big box structure through facade ornamentation, building offsets,
window treatments, variation in rooflines, entry treatments and upgraded
building materials. The focus should be on varying the spaces among
groups of buildings to avoid creating a walled corridor of long, unbroken
rows of buildings along a setback, or a monotonous pattern of buildings
across a site. Facades should be divided into increments through the
use of architectural features such as bay windows, offsets, recesses
and other devices that break or minimize scale. Strong vertical and
horizontal reveals, offsets and three-dimensional details between
surface planes should be incorporated into building design to create
shadow lines and to further break up flat surfaces.
(4)
Building facades greater than 100 feet in length,
including separate buildings that are attached, shall incorporate
one or more architectural features over at least 20% of the length
of the facade. There shall be no uninterrupted length of facade that
exceeds 100 feet. These requirements shall also be applicable to freestanding
parking structures and parking structures attached to another principal
building.
(5)
Building facades greater than 250 feet in length, including separate buildings that are attached, shall incorporate setbacks of at least 20 feet over at least 50% of the length of the facade. When approved as a conditional use in accordance with § 116-37, one building facade of parallel building facades on separate unattached buildings in which both facades are greater than 250 feet in length and no greater than an average of 90 feet apart may be set back 20 feet along 50% of the facade, provided that the other facade contains some compensatory embellishment such as facade ornamentation, window treatments, recesses, height differential or other devices to break or minimize the scale of the facade; and/or where a facade is parallel to a railroad, the twenty-foot setback shall be at least 35% of the length of the facade, with a minimum length of 80 feet. In addition, when said buildings contain only one story, they shall include facades that appear to be two stories in height and have architectural features that complement those of the ground floor. Sixty percent of facades of said buildings which face a street or the riverfront shall be two stories in height or appear to be two stories in height, and all buildings proposed on corner locations shall be or appear to be two stories. When a corner location does not contain a building, a compatible architectural feature shall be provided at the corner and be of a height similar to a two-story facade.
[Amended 8-14-2008 by Ord. No. 857]
(6)
All ground-mounted exposed HVAC units or other
utility equipment shall be screened from view. This shall be accomplished
through the use of masonry walls and landscaping.
(8)
For commercial or office uses, loading facilities
shall be provided through screened delivery courtyards, via underground
service corridors, or in a similar fashion which is not visually or
functionally obtrusive to patrons using the parking areas. Waste receptacles
shall be located in areas convenient for on-site use and accessible
for collections. Loading areas and trash enclosures shall be screened
from views by the use of masonry walls, landscaping, or similar measure
as approved by the Township.
B.
Public amenities shall include the following when
required in this district:
(1)
Restrooms that are available to the public and
will be maintained by the property owner.
(2)
Boat launches using the most current specifications
of the Pennsylvania Fish and Boat Commission. Boat launches shall
include a minimum of five parking spaces or be in accordance with
§ 116-184C(3), whichever requires a greater number of spaces.
No overnight parking of boats or other recreational vehicles shall
be permitted in any development in this district. A minimum of 50%
of the required parking spaces must be tandem spaces to allow for
the parking of vehicles with boat trailers.
(3)
Scenic overlook. Scenic overlook areas shall
be ADA accessible, and regularly maintained. They shall be made of
durable, permanent materials that meet all ANSI specifications. Scenic
overlooks shall be lit and designed so that all public safety and
security issues are adequately addressed.
(4)
Recreation facilities. If any public recreational
facilities are provided, they shall conform to standards set forth
by their respective associations (i.e., tennis facilities shall meet
United States Tennis Association guidelines). All passive recreation,
if surfaced in permanent material, such as asphalt or concrete pathways,
shall be ADA compliant.
(5)
Public gathering places. All public gathering
spaces shall be designed to safely provide pedestrians with ingress
and egress, shall be adequately lit, and shall be ADA compliant. Adequate
seating and trash receptacles shall be provided.
(6)
Sculpture garden. Sculpture gardens shall have
ADA compliant access and be adequately lit. All landscaped and hardscaped
areas shall be designed so that all public safety and security issues
are addressed. There shall be no areas within public gardens where
individuals can hide from view. Only sculptures made of durable, permanent
material shall be placed in public gardens. If sculpture contains
any dangerous or hazardous edges or points, especially around the
base, it shall be located a safe distance from the public's reach.
Designed elements such as ha-has or barricades, approved by the Township,
may be utilized.
(7)
Botanical garden. Botanical gardens may not
include any species considered invasive to the southern Pennsylvania
region. Any pathways or walks provided in the public garden shall
be ADA compliant. Species that include nonedible, poisonous fruit,
thorns, or prickles shall not be utilized.
(8)
Fountain. Construction drawings for all public
fountains shall be approved by the Township prior to their installation.
Once installed, all fountains must be regularly maintained and meet
public health standards.
(9)
Similar amenities: a similar amenity when deemed
appropriate by the Board of Supervisors. The design of each amenity
shall be consistent with the overall design of the development of
which it is a part. In addition, uses in the riverfront open space
shall be designed in a manner in which they coordinate with nearby
facilities along the river, even if these facilities are in adjacent
or nearby developments. Durable, attractive materials shall be utilized,
with natural colors appropriate to the setting. Use of any bright
or deep hues for accent purposes shall only be permitted with the
express approval of the Board of Supervisors.
(10)
When required, public amenities shall encompass
a minimum of 5% of the lot area of a development.
C.
Landscaping and screening.
(1)
Street trees shall be planted in accordance with § 105-48 of the Subdivision and Land Development Ordinance for Whitemarsh Township.
(2)
Parking lot landscaping shall be in accordance with § 105-39 of the Subdivision and Land Development Ordinance for Whitemarsh Township except that all trees planted shall be a minimum of 2.5 inches caliper.
(a)
Parking lots consisting of 20 vehicles or more,
shall be screened from view by buildings on the site or by incorporating
decorative walls, fences, landscaping, or a combination thereof.
(b)
In no case shall tree trunks or shrubs negatively
impact required sight triangles, or interfere with the opening of
vehicle doors.
(c)
Where a freestanding parking structure or an attached parking structure with a facade that is exposed to a public street or that is otherwise visible by the public is constructed, the landscaping required in Chapter 105, Subdivision and Land Development, § 105-52B(2), Option A(1), shall be utilized to enhance the exterior of the parking structure.
[Amended 8-14-2008 by Ord. No. 857]
(3)
Buffer yards shall be landscaped in accordance with § 105-52 of the Subdivision and Land Development Ordinance of Whitemarsh Township.
(4)
Public amenity landscaping.
(a)
Planters and other vessels for containerized
landscaping are encouraged, especially at building entrances. All
planters shall be safely and securely anchored.
(b)
Trees located in plazas, sidewalk areas, courtyards,
or other highly traveled areas shall include tree grates and guards
and be subject to Township approval.
(5)
Lighting fixtures shall be of a style as approved
by the Board of Supervisors.
D.
Pedestrian-oriented development.
(1)
For all developments the following elements
shall be included to create a pedestrian oriented development:
(a)
Lighting along all street frontages with lighting
fixtures to be of a style as approved by the Board of Supervisors.
(b)
Benches, trash receptacles, bicycle racks and
other street furniture in a style approved by the Board of Supervisors.
(c)
Wide sidewalks and other pedestrian amenities,
landscaping, shade trees.
(d)
A variety of pavement materials for street surfaces
and sidewalks.
(e)
Planting strips, located between the curb and
sidewalk.
A.
An area of not less than 150 feet in width, parallel
to the river, measured from the mean water elevation of the Rivers
of the United States/Pennsylvania, shall be provided along the length
of the river on each development site. This area shall be offered
for dedication to the Township. If the area is not accepted for dedication,
an easement for public use must be provided along with maintenance
agreements acceptable to the Township. This area shall include:
(1)
A red shale macadam trail of at least 10 feet
in width, the length of the river, to connect to adjoining property
trails.
(2)
Seating areas at intervals of not more than
300 feet.
(3)
Landscaping to enhance the trail, which at a
minimum shall include trees in a naturalized setting at the rate of
one tree per every 50 feet of trail. Other landscape treatments may
be utilized if approved by the Township.
(4)
Appropriate lighting fixtures shall be of a
style as approved by the Board of Supervisors.
B.
The width of the riverfront area may be reduced to no less than 125 feet, provided at least one public amenity is provided for buildings four stories or less, the suitability of which shall be determined by the Board of Supervisors. If the building is greater than four habitable stories, then one additional public amenity must be provided in addition to the requirements of § 116-281A(7)(d).
C.
The width of the riverfront area may be reduced to no less than 100 feet, provided at least two public amenities are provided for buildings four stories or less, the suitability of which shall be determined by the Board of Supervisors. If the building is greater than four habitable stories, then two additional public amenities must be provided in addition to the requirements of § 116-281A(7)(d).
E.
Other public access. For all parcels with frontage
on Hector Street which do not have riverfront access, a connection
perpendicular to said street and the Montgomery County Schuylkill
River Trail shall be provided. Said right-of-way shall be 15 feet
in width or of a width that includes the limits of an alternative
trail configuration and is subject to the following:
[Amended 10-13-2011 by Ord. No. 908]
(1)
This
right-of-way shall not be contained within any road right-of-way.
(2)
The
right-of-way shall be offered for dedication to the Township. If the
area is not accepted for dedication, an easement for public use must
be provided along with maintenance agreements acceptable to the Township.
(3)
A
red shale macadam pathway with a minimum of 10 feet in width shall
be provided and separated from any vehicular traffic. Alternative
materials for the pathway may be used if approved by the Board of
Supervisors. Alternate configurations of the pathway, such as, but
not limited to, two five-foot lanes divided by landscaping may be
considered as long as the combined total hardscape width of the path
is determined to be equivalent to a ten-foot pathway.
(4)
Lighting
fixtures shall be installed along the pathway and shall be of a style
as approved by the Board of Supervisors.
(5)
The
access shall contain appropriate signage to direct pedestrians to
the Montgomery County Schuylkill River Trail.
A.
Intent.
(1)
The primary purpose of the transfer of development
rights (TDR) section is to permanently preserve open land, agricultural
land, sensitive natural areas, and community character that would
be lost if the land were developed. In addition, this section is intended
to protect property rights by allowing landowners whose land is intended
for preservation to transfer their right to develop to other areas
of Whitemarsh Township. Specific objectives include:
(a)
To effectively achieve the land use planning
goals identified in Whitemarsh Township's Comprehensive Plan while
preserving existing property rights.
(b)
To preserve unique community features in residential
districts while creating a more efficient land use pattern and provision
of services and infrastructure in areas the municipality proposed
for growth.
(c)
To promote redevelopment of the riverfront area
in the Township.
B.
This section is enacted pursuant to the authority
granted by § 603(c)(2.2) and 619.1 of the Pennsylvania Municipalities
Planning Code, under the terms of which development rights are acknowledged
to be severable and separately conveyable from a sending area to a
receiving area. Compliance with the provisions of this chapter shall
be prerequisites to the use of the transfer of development rights
option.
C.
Establishment of sending and receiving districts.
(1)
Any zoning district, including but not limited
to the RDD-1 Subdistrict, may qualify as a sending district for the
purposes of the TDR program.
(2)
The number of development rights which may be
sold shall be computed using the methodology prescribed in this chapter.
(3)
The RDD-1 Subdistrict described herein shall
be the receiving district for the purposes of the transfer of development
rights program.
D.
Calculation of transfer development rights.
(1)
The total number of development rights available to be severed from a sending area tract shall be determined by multiplying the gross tract area, minus a percentage of any constrained lands as required in Subsection D(4) below, by 0.51, subtracting from such product the number of retained development rights. Products resulting in fractions may be rounded to the nearest whole number; fractions of 1/2 may be rounded up.
(2)
Development rights previously severed or land
previously restricted from development by covenant, easement or deed
restriction shall not be eligible for severance or transfer under
this chapter and shall be subtracted from any applicable calculation
of transferable development rights to the extent of the restriction(s)
in force unless and until such time as said covenant, restriction
or easement is dissolved or rescinded with agreement of all beneficiaries
of such covenant, restriction or easement.
(3)
Any sending area tract shall retain at least
one development right, unless the tract is joined in a single deed
with an adjacent tract or tracts with retained or remaining development
right(s). All remaining development rights may be severed from the
tract.
(4)
Constrained lands.
(a)
When calculating eligible development rights
for the sending area, a reduction of 50% in development rights shall
be made for any portion of that area consisting of the following constrained
lands:
[1]
Any area within the Floodplain District.
[2]
Any area comprising wetlands under the jurisdiction
of the United States Army Corps of Engineers and/or the Pennsylvania
Department of Environmental Protection.
[3]
Any area of steep slope, as defined herein and
where the ratio of the change in elevation over the horizontal distance
as measured between consecutive two-foot contour intervals exceed
15%.
(b)
For the purpose of development right determination, areas of constrained lands identified in Subsection D(4)(a)[1], [2], and [3] above may be determined by an applicant or landowner utilizing current Township mapping, Montgomery County Soils Survey maps, and National Wetlands Inventory information, unless more accurate site data is available and found acceptable to the Township.
E.
Right to transfer development rights.
(1)
Each transferor shall have the right to sever
all or a portion of the rights to develop from the parcel in a sending
district and to sell, trade, or barter all or a portion of those rights
to a transferee consistent with the purposes above.
(2)
The transferee may retire the rights, resell them, or apply them to property in a receiving district in order to obtain approval for development at a density or intensity of use greater than would otherwise be allowed on the land, up to the maximum permitted in Subsection E(3) below.
(3)
Development rights may be utilized by the transferee to increase the allowable residential density of a receiving parcel above the applicable base or conditional limits in § 116-281A(6) and (7)(d). Acquisition of one development right shall entitle the receiving parcel to an increase of five residential dwelling units over the applicable base density of 30 dwelling units per gross acre or conditional use density of 50 dwelling units per gross acre. In no event shall the use of transfer development rights result in an increase in the base or conditional use density by greater than 10 dwelling units per gross acre. For each 10 development rights purchased, there shall be a corresponding decrease in the required park and recreation obligation in accordance with the following:
|
TDRs
Purchased
|
Land To Be
Dedicated
|
Fee-In-Lieu
(residential)
|
Fee-In-Lieu
(nonresidential)
| |
|---|---|---|---|---|
|
10 to 19
|
8%
|
$800.00
|
$0.40
| |
|
20 to 29
|
6%
|
$600.00
|
$0.30
| |
|
30 to 39
|
4%
|
$400.00
|
$0.20
| |
|
40 to 49
|
2%
|
$200.00
|
$0.10
| |
|
50 or more
|
0%
|
$0.00
|
$0.00
|
(4)
Any transfer of development rights pursuant
to this article authorizes only an increase in density and shall not
alter or waive the development standards of the receiving district,
including standards for floodplains, wetlands, and other environmentally
sensitive areas, nor shall it allow a use otherwise prohibited in
a receiving district.
F.
Covenant restrictions. Except for retained development
rights (not to be severed), if any, the sending tract must be permanently
restricted from future development by a declaration of restriction
of development or other restrictive covenant which meets the following
requirements:
(1)
Except where any retained development rights
are specified, the restrictive covenant shall permanently restrict
the entire sending tract from future development of any nonagricultural
uses, except for public park land, conservation areas, municipal facilities
and similar uses. Where development rights will be severed from less
than an entire parcel, the portion of the parcel from which the development
rights are transferred shall be clearly identified on a plan of the
entire parcel, drawn to scale, the accuracy of which shall be satisfactory
to the Township. Such plan shall also include a notation of the number
of development rights applicable to the entire parcel, the number
of development rights applicable to the identified portion of the
parcel from which the development rights are to be severed, and the
number of development rights which remain available to the remaining
portion of the parcel. This plan shall be a part of the restrictive
covenant and shall be recorded.
(2)
The restrictive covenant shall be approved by
the Board of Supervisors of the Township, in consultation with the
Township Solicitor. Final plan approval of any subdivision or land
development plan proposing the severance or use of TDRs, and endorsement
of any deed of transferable development rights, will be contingent
upon the recording of the restrictive covenant at the Montgomery County
Recorder of Deeds.
(3)
The restrictive covenant shall designate the
Township, and/or a bona fide conservation organization acceptable
to the Township at its sole discretion, as the beneficiary/grantee,
but shall also designate both all future owners of all or a portion
of the sending parcel, and all future owners of any portion of the
receiving parcel as having separate and independent enforcement rights
with respect to the restrictive covenants.
(4)
The restrictive covenant shall apply to the
tract of land from which development rights are sold, and shall specify
the number of development rights to be transferred as well as any
to be retained. No portion of the tract area used to calculate the
number of development rights to be transferred shall be used to satisfy
minimum yard setbacks or lot area requirements for any development
rights which are to be retained or for any other development.
(5)
All owners of the tract from which development
rights are severed shall execute the restrictive covenant(s). All
lienholders of the tract from which development rights are severed
shall execute a joinder and/or consent to the restrictive covenant(s).
(6)
Agricultural uses not in keeping with the intent
statement of this article may be restricted or denied by the Township.
(7)
Should the Township acquire ownership of the
sending tract, the land may be used for passive recreation coincidental
with municipal purposes that allow for possible municipal uses and
continue to promote the conservation of open space and preservation
of viewsheds.
G.
Plan submittal process.
(1)
All applicants for use of transferable development
rights shall submit a conditional use application in accordance with
the provisions of this Code. In addition, an applicant shall submit
a preliminary subdivision and/or land development plan showing development
with purchase of development rights; this plan shall meet the requirements
of the Township's Subdivision and Land Development Ordinance.[1]
(2)
Along with the preliminary plan, an applicant
shall submit:
(a)
An agreement of sale for all development rights
proposed to be purchased from sending area sites.
(b)
A note on the plan showing the total number
of dwelling units proposed on the site.
(c)
A note on the plan showing the total number
of dwelling units that could be built on the site when development
rights are purchased, the number of dwelling units that can be built
without the additional development rights, and the difference between
the two. This difference represents the number of additional units
that could be constructed on the site.
(d)
A note on the plan which shows the proposed number of additional dwelling units and the number of development rights that must be purchased, based on the proposed number of additional dwelling units determined in § 116-285D above.
(e)
A plan of all sending sites from which the applicant
proposes to purchase development rights. This plan shall show all
information needed to determine the number of development rights which
may be sold. In addition, the plan shall be accompanied by metes and
bounds description of the property(ies), as well as each property's
parcel number, owner name, and tax block and unit number. If the applicant
is purchasing development rights from a portion of a sending area
site, this portion shall be shown on the plan and described with metes
and bounds.
(f)
In order to receive final plan approval, the applicant must agree to record restrictive covenants for all sending area land whose development rights are being used by the applicant. These restrictive covenants must meet the requirements of § 116-285F above. The restrictive covenant on the sending area land shall be recorded first, followed by the deed of transfer which transfers the development rights from the sending area landowner to the receiving area landowner.
H.
Public acquisition. The Township may purchase development
rights and may accept ownership of development rights through transfer
by gift. All such development rights may be resold or retired by the
Township. Any such purchase or gift shall be accompanied by restrictive
covenants as specified above.
I.
Amendment and/or extinguishment. The Township reserves
the right to amend this article in the future, and the Township expressly
reserves the right to change the manner in which the number of development
rights shall be calculated for a tract in the sending area and the
manner in which development rights can be conveyed. The Township further
expressly reserves the right to terminate its transferable development
rights program at any time. No owner of the land or owner of development
rights shall have any claim against the Township for damages resulting
from a change in this article relating to the regulations governing
the calculation, transfer and use of development rights or the abolition
of the transferable development rights program. If the transferable
development rights program is abolished by the Township, no developer
may attach development rights to any tract in the receiving area after
the effective date of the ordinance abolishing the transferable development
rights program unless an application in conformity with the provisions
of this article was filed prior to the effective date of such ordinance
and thereafter is continuously processed to approval, and, following
such approval, a complete subdivision and/or land development application
complying such rights is thereafter filed within six months from the
date of such approval.
A.
General provisions.
(1)
All signs in the RDD Riverfront Development
District shall be consistent with the overall design concept for the
development and be appropriate to the type of activity to which they
pertain.
(2)
Design elements, such as the size, shape, materials,
lighting, color, lettering style and the number and arrangement of
signs, should present a unified appearance.
(3)
The color of individual commercial or office
signage should coordinate with any awnings that are provided.
(4)
Signs anchored in the ground shall not exceed
10 feet in height and shall be of a monument type.
(5)
All signs must be approved by the Board of Supervisors.
B.
In the Riverfront Development District, the following
signs shall be permitted and no other:
(1)
Any sign which may be permitted in any residential
district, provided that the use to which it refers is permitted in
the RDD Riverfront Development District.
(2)
Along each street frontage building facade,
one wall sign for each use. The total sign area may be 5% of the wall
area on which it is placed not to exceed 35 square feet.
(3)
Any property which has two or more uses permitted
in the district shall be permitted a directory sign. Each business
in single and separate ownership shall be entitled to not more than
three square feet of signage, and the total area of the directory
sign shall not exceed 30 square feet.
[Amended 7-28-2011 by Ord. No. 907]
(4)
In the RDD-1 District, one freestanding sign
is permitted for each property entrance. The area of the sign shall
be no larger than 24 square feet.
(5)
Interior property parking and traffic control signs are permitted in accordance with § 116-208A. Signs are also permitted to direct people to the public trail or other public amenities, provided the signs do not exceed four square feet in area.
(6)
Each use located in a building fronting along
the river, may have one sign to identify it from the riverfront trail.
Said sign may either be on the building or be a monument sign. Said
sign shall not exceed 12 square feet.
A.
The submission of a sketch plan, in accordance with § 105-20 of the Township's Subdivision and Land Development Ordinance, is strongly encouraged. In addition to the requirements of § 105-13, the sketch plan shall include building setbacks, building heights, and the size and dimensions for all buildings. However, a sketch plan submission is neither required nor mandatory. The sketch plan is not subject to a formal review by Township professionals.
B.
All submissions, including sketch, preliminary and
final plans, shall include:
(1)
A site plan to include buildings, pedestrian
access, river access (both physical and visual) and open space areas.
(2)
Architectural plans for any proposed buildings
in adequate detail to indicate building setback, footprint dimensions,
building heights, and building mass. Architectural elevations or sections
in adequate detail to indicate how proposed buildings will affect
views to the river and across the river to the hills and ridges. Architectural
drawings showing concepts for facades, roof design and materials for
buildings, structured parking facilities, signs as well as proposed
lighting, street furniture and sidewalk design.
(3)
Landscape plan showing the general location
of all landscaping and buffer areas and the mature height of all proposed
vegetation, differentiating between trees and shrubs.
(4)
Any other pertinent data as the Planning Commission
or Board of Supervisors may require.
(5)
A transportation impact study (TIS) is required for all applications in the RDD-1 Subdistrict. Applications in the RDD-2 Subdistrict are required to submit a TIS in accordance with the provisions of § 105-21B(9)(c) of the Subdivision and Land Development Ordinance.
C.
In a review of a sketch plan, the Planning Commission
shall provide the applicant with general guidance as to whether the
design, layout and other features of the proposed development are
in keeping with the intent and purposes of this article and will consider
whether any of the following criteria have been met:
(1)
The plan meets or exceeds applicable provisions.
(2)
The plan is in best interest of the health,
safety and welfare.
(3)
General site considerations (including site
layout, open space, and topography; orientation and location of buildings;
circulation and parking; setbacks; height; walls; fences and similar
elements) and general architectural considerations (including the
character, scale and quality of design) have been designed and incorporated
to invite pedestrian circulation in this area, will maintain a usable
open space area along the river, will provide unobstructed views of
the river from nearby streets and will not unduly restrict view of
the ridges and hills across the Schuylkill River.
