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Township of Westtown, PA
Chester County
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Table of Contents
Table of Contents
[Amended 5-1-1995 by Ord. No. 95-2; 10-27-1997 by Ord. No. 97-5; 3-3-2003 by Ord. No. 2003-2]
A. 
Intent. In addition to the goals presented in §§ 170-101 and 170-102, this district is intended to provide for flexible standards for appropriate office, administrative, or research development in a campus setting. A mix of housing types are also allowed. This district is also intended to assure suitable design for the protection of residential development on adjacent parcels; minimize traffic congestion and maximize the efficient movement of vehicular traffic through proper parking, ingress, and egress along U.S. Route 202, and development of an internal street system; and preserve and enhance the natural, scenic, aesthetic, and historic character of the landscape.
B. 
Traffic improvements. As deemed necessary by the Board of Supervisors, an approval for uses within the POC District may be conditioned upon agreement by the applicant to provide selected on-site and/or off-site transportation improvements. Off-site improvements shall be limited to those improvements that bear a direct relationship to the mitigation of impacts from the proposed activity.
A. 
Use by right. A building may be erected, altered, or used, and a lot may be used or occupied, by right, for any of the following purposes and no other:
(1) 
Office, corporate headquarters, administrative or professional buildings or centers.
(2) 
Accessory uses. The following accessory uses shall be permitted:
(a) 
Storage in conjunction with a permitted use.
(b) 
Noncommercial recreation facilities, primarily for the use of those employed at the site.
(c) 
Major or minor home occupations.
(3) 
Buildings, structures and uses owned and/or operated by Westtown Township.
(4) 
Funeral home.
(5) 
Single-family detached dwellings meeting the regulations of the R-1 District and not the regulations of the POC District.
(6) 
Medical services.
[Added 7-16-2018 by Ord. No. 2018-01]
B. 
Conditional uses. The following uses shall be permitted only upon approval as a conditional use by the Board of Supervisors in accordance with the terms of this article and § 170-2009 of this chapter:
(1) 
Research and/or laboratory facility for scientific, agricultural, or industrial research and development, excluding facilities with the potential for creating environmental or genetic hazards.
(2) 
Ancillary services designed primarily for the convenience of those employed at the site, including but not limited to such uses as pharmacy, coffee shop, restaurant, newsstand (when the previous uses are totally enclosed in an office building), financial institution, automated bank machine, financial services, travel consultant, private club, and other uses of similar character.
(3) 
Conference facilities.
(4) 
Private, vocational, business, and professional schools except those of industrial character.
(5) 
Day-care center.
(6) 
Residential care facilities for senior citizens, as regulated in Article XVI, § 170-1613, of this chapter.
(7) 
Multifamily dwellings meeting the requirements of § 170-1206 of this chapter.
[Amended 5-2-2005 by Ord. No. 2005-4]
The following regulations shall apply in the POC District for uses other than single-family detached dwellings:
A. 
Ownership. The tract of land to be developed shall be held in single ownership or shall be the subject of an application filed jointly by the owners of the entire tract, and it shall be agreed that the tract shall be developed according to a single plan, under single direction, and in a manner and within a time period approved by the Board of Supervisors. All contiguous areas zoned POC District that are controlled by an applicant must be the subject of a single application.
B. 
Minimum gross area of tract: five acres, not including those areas within an existing street right-of-way.
C. 
Minimum vegetative cover. Not less than 40% of the gross area of the tract shall be planted and maintained with existing and/or installed vegetative material.
D. 
Minimum lot area: five acres, except if either of the following apply:
(1) 
The Township may approve new lots or use of an existing undersized lot with a minimum of two acres if each lot has fully coordinated traffic access onto an interior road and if there is a coordinated system for stormwater management.
(2) 
A five-acre tract may be divided through an executed financial subdivision. With reference to a financial subdivision, where the Board of Supervisors has approved a multibuilding land development plan, the owner thereof may subdivide, for mortgage purposes only, the land upon which such buildings are to be constructed and the individual lots which are created as a result of such subdivisions shall be exempt from area, setback, buffer, frontage and other similar requirements which are intended for application to the development as a whole.
(a) 
The foregoing shall be approved only if there is provided a duly executed and acknowledged agreement, to be recorded at the time of subdivision in a form acceptable to the Township Solicitor, which requires each of the subdivided lots to be operated and maintained as an integral part of the previously approved development plan in accordance with these regulations, which insures that each lot will have permanent means of access and adequate parking and which prohibits said lots from being treated as separate development parcels at a future time, and which governs the formation of an association responsible for the maintenance of all common areas, said areas to be jointly owned by the owners of the individual development parcels.
(b) 
Where parking areas are included within a lot and are intended to be used by more than one building or lot, such areas shall be included within the common area maintenance agreement, or shall be governed by a separate cross-easement agreement. Such agreement shall further provide that, for all purposes, the entire development shall be treated as one lot subject to all of the Township's then-enacted chapters and regulations.
E. 
Minimum building setbacks. Any building shall be set back not less than the distance indicated from the following:
(1) 
Controlled or semi-controlled access highway arterial street: 120 feet.
(2) 
Collector, local, and other street: 75 feet.
(3) 
Residentially zoned land: five times the height of the building, but with an absolute minimum of 120 feet.
(4) 
Internal streets: 50 feet.
(5) 
Parking areas: 20 feet.
(6) 
Lot lines (in separate ownership): 50 feet.
(7) 
Adjacent buildings. The distance between buildings shall be determined in accordance with the requirements of § 170-802B(7).
F. 
Minimum lot width: 200 feet.
G. 
Maximum building coverage: 15% of the tract area.
H. 
Maximum impervious coverage: 55% of the tract area.
I. 
Maximum building height: 38 feet above natural grade, except that 50% of the buildings on the tract may be a maximum of 50 feet in height with the approval of the Board of Supervisors.
J. 
Maximum floor area ratio: 0.2 times the tract area, as established by § 170-1519 this chapter.
The following standards shall apply for all uses:
A. 
Natural features/resources protection. The natural features protection standards contained in Article IV shall apply. In addition:
(1) 
Accurate detailed topography shall be provided.
(2) 
Wetlands shall be delineated in accordance with the terms of § 170-403B of this chapter.
(3) 
Existing vegetation shall be denoted as to type, including tree masses, treelines, and hedgerows; individual freestanding trees over six inches dbh; wetland vegetation; meadow, pasture, or cropland; orchard; cultivated and ornamental garden areas; etc.
(4) 
To the extent possible, floodplains, steep slopes, woodlands, and other natural features identified in the site analysis shall be preserved and integrated into the landscape design. In addition, every effort should be made to preserve scenic views.
(5) 
Stormwater management. The applicant shall submit a proposed stormwater management plan, to be approved by the Township Engineer in accordance with Chapter 149, Subdivision and Land Development. In addition, the Board may require the submission of a study of the off-site and overall groundwater impacts of the proposed stormwater management system.
B. 
Landscaping and open space. A unified landscaping and open space plan shall be submitted in accordance with §§ 170-1507 and 170-1508 of this chapter and Chapter 149, Subdivision and Land Development, unless otherwise stated below.
(1) 
Landscaping and/or earth shaping (berming or screening) shall be used to screen surface parking and mechanical service areas.
(2) 
There shall be a landscaped buffer strip of no less than 10 feet between interior roads and parking areas. Interior drives shall be landscaped.
(3) 
Landscaping shall be designed so as not to create hazardous interior movement, specifically regarding visibility at interior intersections.
(4) 
There shall be a landscaped buffer strip of no less than 50 feet from any tract boundary and from the ultimate right-of-way line of any arterial or collector street; where the tract fronts collector or arterial streets, the setback will be from the ultimate right-of-way.
(5) 
Within the tract, a totally separate pedestrian walkway system shall link open space to pedestrian places and buildings and provide for general pedestrian movement among buildings and parking areas. Such walkways shall be buffered from vehicular traffic through landscaping and/or earth shaping (berming or screening).
(6) 
Areas of retention and/or detention as part of an overall approved stormwater management plan shall be integrated into the overall open space design.
(7) 
Where applicable, every effort should be made to retain existing natural vegetation or utilize existing site vegetation for screening purposes.
(8) 
Open space shall be laid out to the satisfaction of the Board in accordance with the best principles of design. The applicant is encouraged to provide amenity areas such as benches, sitting areas or other amenities conducive to the comfort and convenience of the prospective users of the office campus.
(9) 
The plan shall designate the type of maintenance to be provided for landscaped areas, as well as open space areas. A planting plan or schedule shall be submitted.
(10) 
As may be required by the Board of Supervisors, open space may be subject to deed restrictions, duly recorded in the office of the Chester County Recorder of Deeds, if in the opinion of the Board such an agreement would facilitate the preservation of open space.
C. 
Parking: as required by Article XVII of this chapter, provided no parking area is located within the required buffers or within 50 feet of a property line.
D. 
Access and interior circulation. Provisions shall be made for safe and efficient ingress and egress to and from public streets and highways serving the development without causing undue confusion or interference with normal traffic flow. All uses within the POC District shall take access from a street other than U.S. Route 202. No new street and no new driveway shall directly enter onto Route 202, unless specifically required otherwise by the Board of Supervisors and PennDOT. The Board, with the advice of the Township Engineer, shall satisfy itself as to the adequacy of the thoroughfares and access points intended to accommodate the traffic generated by the proposed use in accordance with the provisions of §§ 170-1510, 170-1511, 170-1512, and 170-1513. If alternative access is available from a secondary street without impacting the quality and character of the residential environment of surrounding neighborhoods, secondary access to the tract from this street may be allowed.
E. 
Traffic impact. Provisions shall be made to prevent traffic congestion and hazards from the tract through the preparation of a traffic impact study. The traffic impact study shall meet the requirements for such a study that are established in Chapter 149, Subdivision and Land Development. The study shall document any on-site or off-site improvements proposed by the applicant to mitigate any projected adverse impacts.
F. 
Signs: Article XVIII shall apply, including but not limited to § 170-1804B.
G. 
Utilities. All utility lines shall be placed underground. As-built plans for all utilities shall be submitted to the Township.
H. 
Development in stages. The development of a tract carried out in stages shall be executed in accordance with a development agreement. The owner, developer and Township shall enter into said agreement embodying all details regarding compliance with this article to assure the binding nature thereof on the overall tract and its development, which agreement shall be recorded with the final development plan. No single stage of development shall exceed three years in duration.
I. 
Loading and unloading. All loading and unloading operations shall be carried on within the facade of any building(s) in accordance with the requirements of § 170-1710.
J. 
Storage: As required by § 170-1509 of this chapter.
K. 
Lighting. All streets, parking areas, and pedestrian walkways shall be adequately lit in accordance with § 170-1514. Particular care must be taken to assure that direct light shines down and that no direct or reflected light from any lighting fixture creates glare which would be a potential traffic hazard or negative impact on adjacent land use.
L. 
Impact on character of surrounding neighborhood. The applicant must show that the proposed office campus will not adversely effect the neighborhood by reason of noise, odors, smoke, glare, light, or vibration. In addition, the Township may prescribe further reasonable conditions regarding design with respect to the suitability of the office campus in harmonious relationship to surrounding areas.
M. 
Environmental standards: As required by § 170-1506 of this chapter. In addition, the handling and disposal of red bag waste associated with medical or veterinary practices shall conform to applicable state regulations.
A. 
Any proposal for development within the POC District shall be submitted in the form of a subdivision or land development plan; such plan shall comply with all requirements of Chapter 149, Subdivision and Land Development, and shall, in addition, clearly demonstrate compliance with all requirements of the POC District. The plan shall clearly designate the proposed use(s) of each area of the tract. The applicant is strongly encouraged to submit a sketch plan to the Township for informal discussion, prior to the submission of a preliminary plan.
B. 
The following are specific requirements to be included as part of any submitted plan, whether or not they are stipulated by Chapter 149, Subdivision and Land Development:
(1) 
A plot plan of the tract showing the location, height, and bulk of all proposed buildings and other structures; pedestrian walkways and other areas to be devoted to pedestrian use; open space; drives, including the location and width of such parking lots; loading and unloading areas and other construction and/or physical features as required herein and in accordance with the provisions of this article.
(2) 
Architectural plans for the facade of any proposed buildings, including a written description of the types of exterior materials.
(3) 
A description of any of the land uses proposed in sufficient detail to indicate the positive and negative impacts of such on-site features, public and private views, historic resources and public and community services.
(4) 
Engineering and architectural plans for the treatment and disposal of sanitary sewage and surface and stormwater (including the general drainage system), and provisions of water supply and fire hydrants as determined by a professional engineer registered in the State of Pennsylvania.
(5) 
The stages which will be followed in the construction of the development.
(6) 
A description of the on-site improvements and, as deemed necessary, off-site improvements which are planned, or the contribution which will be made in lieu of such improvements.
Conditional uses may be subject to such other restrictions and conditions as are deemed necessary by the Board of Supervisors. This may include, but is not limited to, reasonable limitations on the hours of operation.
[Added 5-2-2005 by Ord. No. 2005-4]
The following regulations shall apply for multifamily dwellings in place of the regulations contained in § 170-1202:
A. 
Minimum lot area: five acres. The lot area shall not be separated by any public street or other publicly owned vehicle thoroughfare from any other land area. A rental or condominium form of ownership shall be allowed.
B. 
Maximum density:
(1) 
The maximum density shall be calculated as provided in § 170-1519A. The maximum density per acre of tract area shall be: 10 dwelling units per acre for dwellings of one bedroom or less; eight dwelling units per acre for dwellings of two bedrooms; and four dwelling units per acre for dwellings of three or more bedrooms. If a lot includes a mix of numbers of bedrooms in different units, then the density shall be calculated proportionately. For example, on a five-acre lot, two acres could be considered as having one-bedroom units, allowing 20 units and three acres could be considered as having two-bedroom units, allowing an additional 24 units for a total of 44 units on five acres.
(2) 
Density and building length bonuses.
(a) 
Age-restricted bonus. If all of the multifamily dwellings are limited by deed enforceable by the Township and by lease to occupancy by persons age 55 and older and their spouses, then the maximum multifamily dwelling density shall be increased by 20% above the density that would otherwise be allowed. The age restrictions shall be in legal form acceptable to the Township Solicitor.
(b) 
Landscaping bonus. When a multifamily dwelling development involves substantially greater amounts and sizes and a higher quality of landscaping than would otherwise be required by Township ordinances, as determined by the Board of Supervisors, then the maximum multifamily dwelling density shall be increased by 10% above the density that would otherwise be allowed.
[1] 
The applicant shall provide a planting plan sealed by a registered landscape architect.
[2] 
The planting plan shall be reviewed by the Planning Commission and be subject to approval by the Board of Supervisors. The determination of whether a planting plan justifies a bonus under this section should be based upon a review by an independent landscape architect chosen by the Township. The Township may require the applicant to fund the reasonable costs of such independent review.
(c) 
Architectural bonus. If the Board of Supervisors, based upon Planning Commission review, determines that the proposed development would have high architectural quality consistent with the character of Westtown Township as viewed from public streets, then an additional density bonus of 5% shall be approved above the density that would otherwise be allowed. The Township may require the applicant to fund reasonable costs for an independent review of the architectural plans by a registered architect chosen by the Township.
[1] 
The architectural design shall be intended to blend the buildings with their surroundings. The architectural design shall include finishes, textures, extensions, placement of glass and other features to visually reduce the bulk of the building as viewed from a street and to make a large building appear more like two or more connected smaller buildings.
[2] 
A preliminary architectural design shall be provided in accordance with Subsection L below.
(d) 
The density bonuses shall be added and not multiplied upon each other. Therefore, if a bonus of 20% and a 5% bonus apply, the resulting total bonus shall be 25%.
(e) 
In no case shall the density bonuses of this section result in a maximum density exceeding 12 dwelling units per acre.
(f) 
See Subsection H below for how these bonuses also can allow a longer building length.
C. 
Minimum vegetative cover. A minimum of 40% of the gross area of the tract shall be planted and maintained with new and/or preserved trees and other vegetative material.
D. 
Minimum building setbacks. Any building shall be set back the following minimum distances from the following:
(1) 
Controlled or semicontrolled access highway; arterial street: 120 feet.
(2) 
Collector, local or other public street with two-way traffic: 75 feet.
(3) 
Internal street or street with one-way traffic: 50 feet.
(4) 
Parking areas, other than underground parking: 20 feet.
(5) 
Lot lines in separate ownership: 50 feet.
(6) 
Minimum separation distance between principal buildings on the lot: 35 feet.
E. 
Maximum building height: four stories or 50 feet, whichever is more restrictive. A level used for vehicle parking that is in a basement level shall not be counted towards the maximum number of stories. Extensions of roof lines above 50 feet shall be permitted to accommodate architectural roof pitches. However, the horizontal area that extends above 50 feet shall not be greater than 15% of the horizontal area covered by the building on the ground level.
F. 
Maximum building coverage: 20%.
G. 
Maximum impervious coverage: 55%.
H. 
Maximum building length. No building shall have a maximum length greater than 165 feet. However, the maximum building length may be increased to 200 feet if the landscaping and architectural bonuses provided in Subsection B(2) are both approved.
I. 
For a multifamily development, §§ 170-1203 and 170-1204 shall apply, except for the following:
(1) 
The minimum landscaped buffer strip provided in § 170-1203B(5) shall be 30 feet. This 30 feet may be located on two sides of an existing access drive, so that 20 feet is on one side of the drive and 10 feet on another side of the drive.
(2) 
The fifty-foot minimum setback for parking in § 170-1203C shall be reduced to 30 feet.
(3) 
The sign provisions of the R-3 District shall apply in place of the sign provisions in § 170-1203. Only one freestanding sign shall be allowed, with a maximum sign area on each of two sides of 50 square feet. This freestanding sign shall have a maximum total height of eight feet. This freestanding sign shall not be internally illuminated, and may be attached to a decorative masonry wall with a maximum total height of 8 feet and a maximum length of 12 feet.
(4) 
A market analysis shall not be required.
J. 
Emergency access. The applicant shall prove that adequate access is available to all sides of all principal buildings by emergency vehicles. This access may include, but is not limited to, grass pavers. The access shall be able to support the weight of emergency vehicles during wet weather conditions.
K. 
Maximum floor area ratio (as defined in § 170-201): 0.4: 1.0.
L. 
Architectural design. A preliminary architectural rendering or exterior cross section shall be submitted, showing the proposed designs of sides of the buildings visible from public streets. Such submittal shall be based upon a design by a registered architect. The applicant shall provide a written description of the types of exterior building materials and finishes. Details of the architectural design may be modified after conditional use approval, provided that the overall architectural design and exterior materials are consistent with the plan submitted with the conditional use, unless the Board of Supervisors specifically allows a different architectural design as part of land development approval.