[Added 6-23-2003 by Ord. No. 1-2003]
In addition to the general goals stated in the
preamble of this chapter, the purposes of this article are:
A.
To provide an opportunity for comprehensively planned
integrated mixed use development according to a unified development
plan (unified development plan) consistent with the goals and objectives
of the Township and the county;
B.
To provide an opportunity for unified and harmonious
development in order to establish continuity between uses in terms
of character, scale, building massing and open space;
C.
To protect natural resources and increase public access
and enjoyment of such resources;
D.
To provide for flexible lot sizes, heights and building
setbacks allowing an opportunity for imaginative, innovative design,
mix of uses, maximum coordination and integration between the new
development and existing neighboring land uses; and
E.
To provide flexibility in design and use of larger
tracts of land within the Township consistent with the goals and objectives
of the Township Comprehensive Plan and the County Comprehensive Plan.
A.
The UDA District shall be deemed an overlay district on the RA Residential Zoning District as delineated on the Township Zoning Map. Said overlay shall become affixed to the land as the zoning (with the zoning in effect at the time of such approval remaining as an underlying zoning district) for the unified development plan tract [as defined in § 139-175B(1) below], and the official Zoning Map of the Township shall be amended accordingly, upon the approval by the Township Board of Supervisors of an application for a Zoning Map change (map change application), and upon approval of such map change, all other overlay district provisions otherwise applicable to the unified development plan tract shall be superseded by the UDA District; provided, however, that in the event that the open space is not finally restricted, offered for dedication or conveyed as provided in the unified development plan and as required by § 139-175B(5) within three years of the approval of the UDA District, or if the applicant or its successor notifies the Township in writing that it does not intend to so restrict, dedicate or convey the open space, the zoning of the unified development plan tract shall revert to the zoning that existed immediately prior to the approval of the UDA District, and the UDA District shall be of no further force or effect. No zoning permit for any improvement within the UDA District shall be issued prior to the restriction or committal in a manner satisfactory to the Board of Supervisors, or the offer for dedication or conveyance of the open space as provided in the unified development plan.
[Amended 7-19-2004 by Ord. No. 6-2004]
B.
In order to be eligible for approval of a map change
application pursuant to this section, all of the following eligibility
criteria shall be met:
(1)
The applicant or applicants shall own or control
a contiguous lot area of not less than 150 acres, which shall constitute
the unified development plan tract.
(2)
The unified development plan tract(s) shall
be entirely within the RA Residential Zoning District.
(3)
The unified development plan tract shall have
frontages on at least one arterial street.
(4)
The unified development plan tract shall be
served or be able to be served by public water and municipal sanitary
sewer systems.
(5)
A minimum of 65% of the lot area of the unified
development plan tract (calculated as of the date of the approval
of the unified development plan) shall be designated as open space.
Such open space may be conveyed for consideration to the Township
or to a recognized land trust, or retained in private ownership for
continued open space uses if permanently restricted by easement or
restrictive covenant agreement.
A.
Use permitted upon approval; uses permitted in underlying
district.
(1)
There shall be permitted, upon conditional use
approval by the Township Board of Supervisors of an application for
a unified development plan, one or more of the following uses as part
of a unified development plan:
(2)
Nothing herein shall preclude any landowner from using the unified development plan tract or any subtract pursuant to and in accordance with such underlying zoning district as if the UDA overlay district had not been affixed to the unified development plan tract or such subtract, provided that any use in conflict with an already approved and currently vested unified development plan shall be subject to procedures set forth in § 139-179K below.
B.
Development standards; permits; subdivision.
(1)
Development pursuant to the unified development plan shall be in accordance with the zoning regulations established in § 139-177, and if applicable, with the regulations in the underlying zoning district, provided that the unified development plan conditional use approval shall be in lieu of any other requirement for a special exception or other form of use approval otherwise required in an underlying zoning district.
(2)
Once the unified development plan is approved,
permits may be issued only pursuant to approved Land Development or
Subdivision Plans consistent with the approved unified development
plan.
(3)
The unified development plan tract may be subdivided
for separate ownership or lease [or as otherwise required by the MPC
or the Subdivision and Land Development Ordinance (SLDO)], but only
if the subdivision does not interfere with the development or use
of the unified development plan tract in accordance with the approved
unified development plan.
A.
For all development pursuant to an approved unified development plan, all underlying zoning district regulations pertaining to area, height, lot, access and all other dimensional regulations are superseded by the regulations set forth in this § 139-177. Nothing herein shall preclude the further subdivision of the unified development plan tract into subtracts or interior lots, as set forth in § 139-176B(3) above, provided that all lot regulations of this chapter 139 and the SLDO shall apply to the unified development plan tract and not to any existing or to any such future subtracts or lots.
B.
Density, impervious coverage, building coverage and building area coverage requirements, as set forth in this section, shall be based on the developable land, as defined in § 73-11.1; provided, however, that no deductions shall be required for those utilities which only serve or benefit the unified development plan tract, and in no event stormwater management or drainage facilities.
(1)
Impervious coverage. Coverage of the overall unified development plan tract by buildings and paved areas shall not exceed 40% of the developable land of the unified development plan tract, of which no more than 5% new impervious coverage may be allocated to open space areas of the unified development plan tract required in § 139-175B, and no more than 35% shall be allocated to the remaining portions of the unified development plan tract.
(2)
Open space.
(a)
The layout and distribution of the open space required in § 139-175B shall, to the maximum extent practicable, conserve and complement the natural features of the unified development plan tract.
(b)
The open space requirement of this article shall
supersede and be in lieu of all other sections of this Zoning Chapter
and other Township ordinances requiring the designation of open space
or community facilities.
(3)
Perimeter tract setback. All residential and nonresidential structures within a unified development shall be set back a minimum of 200 feet from the external boundary of the unified development plan tract and such area shall not require a perimeter planting strip. This setback may be reduced to 100 feet upon the provision of a buffer planting strip not less than 20 feet in width within the 40 feet of the property nearest the external boundary of the unified development plan tract with landscaping in accordance with Article X of Chapter 73. The perimeter planting strip requirement of this section shall apply to the unified plan development plan tract and not to any subtracts or lots, with the exception of those areas between residential and nonresidential uses.
(4)
Residential Development.
(a)
Density. There shall be an overall residential
density of not more than 2.25 dwelling units per acre of developable
land, excluding any land area dedicated to nonresidential uses. No
more than 70% of the unified development plan tract may be devoted
to residential uses.
(b)
Single-family detached uses shall comply with
the following requirements.
(c)
Multifamily, twins shall comply with the following
requirements.
[1]
Minimum lot area: 4,500 square feet.
[2]
Minimum lot width: 45 feet at the building line.
[3]
Minimum yard requirements:
[a]
Should the twins be condominiums,
the side and rear yard setbacks shall be doubled and become building
separation requirements, and the front yard setback shall become a
twenty-foot setback from the sidewalk, or from the cartway, if sidewalks
are not provided.
[b]
Front yard: 20 feet.
[c]
Side yard: 10 feet.
[d]
Rear yard: 15 feet.
[4]
Maximum height: 35 feet.
(d)
Multifamily, townhouses shall comply with the
following requirements:
[1]
Maximum building height: 35 feet.
[2]
Building separation. The minimum horizontal
distance between separate buildings shall be as follows:
[a]
Between facing walls within 25°
of being parallel: 75 feet if both walls provide windows.
[b]
In all other cases of facing walls:
60 feet.
[c]
Where walls do not face each other:
25 feet between building corners.
[d]
If, however, the height of the
buildings is less than 35 feet, these separation distances may be
reduced by three feet for every foot in height that the building is
less than 35 feet. Where a townhouse is adjacent to an another multifamily
structure or a personal care facility, the greater of the heights
of the two buildings shall be used in determining the separation required
hereunder.
[3]
Building clusters as seen in front elevation
or an elevation normal thereto shall have a maximum horizontal dimension
of 220 feet if the buildings are variously oriented. The maximum horizontal
dimension of clusters oriented in the same direction shall be 160
feet.
[4]
Arrangement of buildings in three or more rows,
whether long or short walls facing, will not be permitted.
[5]
Unbroken perimeter lines greater than 80 feet
in length will not be approved and exterior walls collinear with or
parallel to fire walls, at least five feet long and of full height,
may be required to assure offset or variety of exterior surfaces,
or both.
[6]
Courts. At least 25% of the perimeter of courts
enclosed by the walls of more than one building shall be open space,
said part of the perimeter to be measured on a straight line between
corners of extreme end walls.
(e)
Other multifamily structures, including personal
care facilities, shall comply with the following requirements:
[1]
Maximum building height: 40 feet or three living
stories.
[2]
Building separation. The minimum horizontal
distance between separate buildings shall be as follows:
[a]
Between facing walls within 25°
of being parallel: 75 feet if both walls provide windows.
[b]
in all other cases of facing walls:
60 feet.
[c]
Where walls do not face each other:
25 feet between building corners.
[d]
If the height of the buildings
is more than 35 feet, these separation distances must be increased
by three feet for every foot in height that the building is over 35
feet. Where a multifamily structure or a personal care facility is
adjacent to a townhouse, the greater of the heights of the two buildings
shall be used in determining the separation required hereunder.
(f)
All residential uses shall comply with the following
requirements:
[1]
Exterior walls. Exterior walls shall be faced
with material other than cinder block, concrete block or concrete
poured in place.
[2]
Each dwelling unit, with the exception of personal
care facilities, shall be provided with kitchen and bathroom facilities.
[3]
All rooms shall be vented to the outside.
[4]
Dwelling units may not be located in cellars.
Dwelling units may be located in basements, provided that at least
one exterior wall of each dwelling unit is fully aboveground and grading
is such as to assure that storm drainage will flow away from the building
on all sides.
[5]
Dwelling units, with the exception of personal
care facilities, shall provide not less that the following schedule
of net usable floor area within the boundary walls of the unit:
|
Habitable
Rooms
|
Net Floor Area
(square feet)
| |
|---|---|---|
|
1
|
450
| |
|
2
|
600
| |
|
3
|
900
| |
|
4 or more
|
300 per habitable room
|
[6]
No outdoor swimming pool, tennis court or similar
facility shall be located closer than 200 feet to any residential
property adjacent to the external boundary of the unified development
plan tract.
(g)
The applicant shall endeavor to incorporate
a trail system through the residential portion of the unified development
plan tract. Any trails provided pursuant to this subsection shall
be in lieu of any recreational requirement.
(5)
Nonresidential development.
(a)
Maximum nonresidential development. No more
than 30% of the unified development plan tract may be devoted to nonresidential
uses.
(b)
Building area. Not more than 20% of the developable
land devoted to nonresidential uses may be occupied by buildings.
(c)
Floor area. The total floor area of all nonresidential
buildings on the unified development plan tract may not exceed 35%
of the developable area devoted to nonresidential uses.
(d)
Height. Nonresidential development shall not
exceed three stories or 42 feet in height, except that the height
of any physical rehabilitation center shall not exceed 70 feet, and
only one such structure on the unified development tract shall exceed
42 feet in height, and the total floor area of any such structure
shall not exceed 400,000 square feet.
(e)
All rooftop mechanical shall be screened from
view by an extension of the building structure, which shall be aesthetically
compatible with the building facade, however, such screening shall
not be subject to the height regulations set forth herein.
(f)
Access to nonresidential structures shall be
from arterial streets only.
(6)
Parking.
(a)
Each use shall comply with the provisions of §§ 139-98, 139-99 and 139-100 of this chapter relating to parking, loading and development of highway frontage. Any wellness center shall provide not less than five parking spaces per 1,000 square feet of patron use area. However, given the nature and particular characteristics of this conditional use, the maximum distance of 400 feet between proposed parking spaces and buildings prescribed by § 139-98C shall be deemed satisfied if the proposed parking spaces are within 400 feet of the nearest building; provided, however, that, in the opinion of the Board of Supervisors, the proposed parking spaces are nevertheless reasonably convenient to the facilities which they are proposed to serve. All other provisions shall remain unchanged.
(b)
The Township Board of Supervisors shall have
the authority to reduce any parking requirements based upon evidence
submitted by the applicant, and/or evidence submitted by other parties
to the conditional use proceeding (including any evidence presented
by the Township's traffic consultant). The Board of Supervisors shall
also have the authority to designate a portion of the parking to be
reserved parking to be built in the future.
Applications for adoption of a UDA and approval
of the unified development plan shall meet all procedural requirements
for a Zoning Map amendment as required by the MPG and this chapter,
and shall include the submission of a unified development plan, which
shall include the following items, at a minimum:
A.
Unified development plan tract data. A plot plan which identifies the total acreage of the unified development plan tract, unified development plan tract boundaries and the ownership of the unified development plan tract and all adjacent properties, and a metes and bounds description of the boundary between the proposed residential and nonresidential development, such line to be used only for purposes of calculating densities, etc., as set forth in § 139-177 herein, and not be to considered as a subdivision line.
B.
Means of access. A plan which identifies all existing
access points/curb cuts, including but not limited to public roads
within 500 feet of the unified development plan tract proposed for
development and all new access points or connections into the existing
road system proposed as part of the unified development plan.
C.
Development data. A concept plan which indicates the
location of any proposed development, including internal roadways,
principal buildings and parking areas and proposed preliminary stormwater
management concepts. The plan shall indicate the type of uses planned
and the general location of each such use within the unified development
plan tract.
D.
Easements; covenants; restrictions. A narrative describing
generally the proposed easements, covenants and restrictions for the
unified development, which shall identify or describe the party or
parties who will be responsible for the maintenance and management
of the stormwater systems, roadway systems and other common elements
of the unified development.
E.
Treatment and disposal of sewage. A written description
of the proposed method of sewage disposal into a municipal sanitary
sewer system, which shall include a description of any acid, toxic,
radioactive or otherwise unsafe materials that may be released into
the sewage disposal system and the method by which the treatment thereof
is proposed, including a demonstration that capacity s available and
that such facilities will be constructed and operational at the time
of occupancy of the Unified Development (the feasibility of such construction
and operation to be demonstrated to the Board at the time of approval
of the unified development plan).
F.
Conservation plan. A conservation plan complying with the provisions of § 73-11, except that the surveys of individual trees over six inches in diameter not part of a tree mass referenced in Subsection C thereof shall not be required, provided that surveys of trees over six inches in diameter not part of a tree mass in those areas where development is proposed shall be required at the time of land development approval of or of a portion of the unified development plan.
G.
Traffic study; shared and reserved parking. A traffic study complying with the requirements set forth in § 139-100.1 of this chapter, as well as a study investigating the feasibility of shared and reserved parking within the nonresidential portion of the unified development plan.
H.
Community impact study. An analysis of the potential
effects and impacts of the unified development plan upon the following
community facilities: emergency services, solid waste disposal, recreation,
transportation, school facilities and school district budgets, public
utilities, and Township revenues and expenses.
The following procedures shall apply to the
designation of a UDA District and the underlying zoning districts:
A.
Application for Zoning Map change. The map change application shall be submitted to the Township Board of Supervisors, together with such fee and such forms as may be prescribed by the Board of Supervisors, which shall, within 15 days of submission of a complete application, refer the application to the County and Township Planning Commissions as required by Article XXIII. Not later than 30 days after submission of the application, plans and supporting information, the Board of Supervisors shall hold a public hearing to consider the application, pursuant to public notice and posting of the tract as required by the MPC for a Zoning Map change. The Board, within 30 days following the conclusion of the public hearing, shall, by written notice to the applicant, grant or deny approval to the map change application.
B.
Conditional use review of unified development plan application. The unified development plan application shall be submitted to the Township Board of Supervisors together with such fee and such forms as are prescribed by § 139-118.1A. The Board of Supervisors shall, within 30 days of submission of a complete application, refer the application to the County and Township Planning Commissions as required by § 139-118.1. Not later than 60 days after submission of the application, plans and supporting information, the Board shall hold a public hearing to consider the application, pursuant to public notice and posting of the unified development plan tract as required by the MPC for a Zoning Map change. The Board, within 45 days following the conclusion of the public hearing, shall, by written notice to the applicant:
(1)
Grant approval to the unified development plan
application as submitted:
(2)
Grant approval to the unified development plan
application, subject to specified conditions not included in the unified
development plan application as submitted; or
(3)
Deny approval to the unified development plan
application.
C.
Authority to combine hearings. The Township Board
of Supervisors shall have the authority to combine into one hearing,
the hearings and notice required by this section for the map change
application and for the unified development plan application.
D.
Criteria for unified development plan application
review. The Township shall approve, approve with conditions, or deny
a unified development plan application with findings and conclusions
thereon. Decisions pertaining to a particular phase shall include
review and recognition of the entire unified development plan. Decisions
in all phases shall be based on the following criteria:
(1)
Compliance with the objectives the Township
and County Comprehensive Plans relative to land use, circulation and
community facilities.
(2)
Assurance that the proposed use shall not be
detrimental to adjacent properties.
(3)
Suitability of the unified development plan
tract to support the proposed use(s) and associated infrastructure.
(4)
Suitability of the existing mad network to support
traffic associated with the proposed use in terms of safety and capacity.
(6)
Assurance that the unified development plan
is consistent with the public health, safety and welfare.
E.
Other use approvals. Development using the unified
development plan conditional use approval shall be in lieu of any
other requirement for a special exception or other form of use approval
otherwise required in a subdistrict.
F.
Building permits. Once the unified development plan
is approved, permits may be issued only pursuant to approved land
development or subdivision plans consistent with the approved unified
development plan. The Development process includes both a unified
development plan and land development plan. The final land development
plan shall be required to ensure that approval conditions are met.
G.
Subdivision. The unified development plan tract may
be subdivided for separate ownership or lease (or as otherwise required
by the MPG or the SLDO), but only if the subdivision does not interfere
with the development or use of the unified development plan tract
in accordance with the approved unified development plan.
H.
Authority to attach reasonable conditions to approval.
In approving the unified development plan application, the Township
Board of Supervisors may attach such reasonable conditions and safeguards,
in addition to those expressed in this article, as it may deem necessary
to protect the health, safety and welfare of the Township residents.
I.
Submission of subdivision and land development plan. Approval of the unified development plan application shall not effect a subdivision or land development of any part of the unified development plan tract. Subject to the provisions of § 139-179K(3) below, the developer, or any successor to the developer, for all or any portion of the unified development, shall comply with the SLDO in effect at the time of the unified development plan approval. The application may include a subdivision and/or land development plan for the first phase of the unified development. Conditional use approval of the unified development plan application by the Township Board of Supervisors will be in lieu of any other zoning or use approval otherwise required with respect to uses approved as a part of the unified development plan application.
J.
Vested right to proceed. The applicant, or any successor
to the applicant, for all or any portion of the unified development,
shall have a vested right to proceed according to the approved unified
development plan, and no subsequent change or amendment to the Zoning,
Subdivision and Land Development Ordinance, 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 unified development plan, or materially increase the
amount of site improvements or the projected cost of construction
of buildings and site improvements, for a period of 20 years from
the date of conditional use approval of the unified development plan.
K.
Amendment of unified development plan.
(1)
Once the unified development plan is approved,
permits may be issued only pursuant to approved land development plans
which are consistent with the approved unified development plan.
(2)
The Township Board of Supervisors may permit amendment of the unified development plan upon application for amendment by an applicant representing the entirety of, or any portion of, the unified development by following the procedures and criteria outlined in Subsections B, C and D of this § 139-179.
(3)
Any deviations which are material, including but not limited to a change in density or use or a legal variance from the provisions of this chapter; result in a materially greater adverse impact to the adjacent properties; and/or are deemed by the Willistown Board of Supervisors to violate the spirit and intent of the unified development plan approval shall be considered an amendment to the unified development plan and shall require another conditional use review, as outlined in Subsection B, C and D of this § 139-179.
