Township of Easttown, PA
Chester County
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Table of Contents
Table of Contents
Overlay districts shall be used in accordance with the following:
A. 
For the purposes of this chapter, the sections within this article shall be overlays to the underlying districts as shown on the Easttown Township Zoning Map,[1] and as such, the provision for each of these sections shall serve as supplements to the underlying zoning district provisions.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
B. 
In those areas of the Township where a section of this article applies, the provisions of the section shall be imposed in addition to the requirements of the underlying zoning district(s). In the event that a conflict exists between a section of this article and the underlying district(s), the provisions of this article shall apply.
[Amended 12-13-2016 by Ord. No. 427-16; 1-15-2018 by Ord. No. 433-18]
C. 
Should the boundaries or delineations of any section of this article be revised as a result of legislative or administrative actions or judicial decision, the zoning requirements of the underlying zoning district and other applicable section of this article shall continue to apply.
The establishment and administration of the provisions governing natural resources shall be governed by the provisions of the following articles of Chapter 274, Natural Resources Protection, which are incorporated by reference as if set forth fully herein, as may be amended from time to time in accordance with the procedures set forth in Article XVII of this chapter and the Municipalities Planning Code:
A. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection A, which listed Article III, Floodplain Area, was repealed 5-15-2017 by Ord. No. 428-17.
B. 
Article IV, Wetlands and Watercourses.
C. 
Section 274-18 of Article V, Riparian Buffer Zone (RBZ).
D. 
Sections 274-22, 274-23 and 274-24 of Article VI, Steep Slopes.
E. 
Sections 274-27 and 274-28 of Article VIII, Woodlands and Wooded Lots.
A. 
Purpose and application of regulations. The Planned Apartment Overlay District is designed primarily to make special provisions for low-lot-coverage multifamily development. The PA District is established and developed only in accordance with the provisions of this section and shall be subject to the requirements and provisions of Chapter 400, Subdivision and Land Development, all other applicable ordinances, and any other pertinent provisions of this chapter. When it is proposed that a lot or lots be developed in accordance with the underlying zoning, the provisions of this section shall not apply. There shall be included in the Planned Apartment Overlay District such tracts of ground as are set forth as marked on the Easttown Township Zoning Map.
[Amended 12-15-2014 by Ord. No. 424-14]
B. 
Use regulations. A building or a unified group of buildings may be erected or used and a lot may be used or occupied for any of the following purposes and no other:
(1) 
Multifamily dwelling development following review and approval of the plan for the specific use in accordance with the provisions of this article and Chapter 400, Subdivision and Land Development, and provided that the proposed use shall comply with the special area, buffer and other requirements of Subsections C and D below.
[Amended 6-2-2014 by Ord. No. 422-14]
(2) 
Accessory use on the same lot with and customarily incidental to the foregoing permitted uses. The term "accessory use" shall not include a business, except as is permitted below where such use is located within an apartment building, but may include:
(a) 
Private garage or off-street parking lot or area.
(b) 
In conjunction with a permitted multifamily dwelling structure development, accessory office or commercial use such as a restaurant, personal service shop, drugstore, similar retail store or a public garage operation, provided:
[1] 
Each such accessory use is conducted entirely within a multifamily dwelling structure and is located on the ground floor or, in the case of office use, on any other floor.
[2] 
The total area devoted to business use shall not exceed 10% of the total floor area of the building in which located, excluding basement and garage, except that, in the case of a building four stories or more in height, an additional 10% of the total floor area of a building may be utilized for office use.
[3] 
The net floor area of any one store, shop or similar use, except in the case of an office or restaurant, shall not exceed 1,500 square feet.
(c) 
Signs as permitted in Article XI.
C. 
Area and bulk regulations.
(1) 
Lot area (net lot area) and width. Every lot on which a multifamily dwelling structure is hereafter erected or used shall have a net lot area of not less than five acres, and such lot shall be not less than 300 feet in width at the building line. The total number of dwelling units shall not exceed 12 per acre based upon net lot area.
[Amended 12-15-2014 by Ord. No. 424-14]
(2) 
Building and floor area. Not more than 30% of the area of each lot may be occupied by buildings or other impervious surfaces, and the gross floor area of buildings on the lot shall not exceed 45% of the lot area.
(3) 
Building placement. No building shall be located less than 150 feet from a street right-of-way line nor less than 75 feet from a side or rear property line, and no parking, loading or service area shall be located less than 75 feet from a street right-of-way or other property line.
(4) 
Height regulations. No multifamily dwelling structure shall exceed 50 feet in height, exclusive of basement.
D. 
Special regulations.
(1) 
In addition to the requirements of this chapter, the plan for the proposed development under this section shall comply with the standards of Chapter 400, Subdivision and Land Development, and all other applicable ordinances.
(2) 
Along each side or rear property line which directly abuts a single-family residence district in the Township or a similar district in an adjoining municipality, a perimeter buffer planting strip of not less than 50 feet in width, as defined in Chapter 274, Natural Resources Protection, shall be provided.
(3) 
All off-street parking, loading, access facilities and service areas used by motor vehicles shall comply with the provisions of Article X. Off-street parking and loading space shall be located immediately contiguous to each apartment house.
(4) 
A basement shall not contain habitable rooms except for janitor's living quarters, which shall be counted as a dwelling unit.
E. 
Special regulations for housing for the elderly. In order to permit development of special apartment housing for the elderly in the Planned Apartment Districts, certain deviations from the requirements of this chapter may be permitted when authorized as a conditional use in accordance with Article XIV and upon compliance with the following conditions:
(1) 
With respect to apartments for the elderly constructed under authority of this section, the other provisions of this section and chapter shall be applicable, unless specifically changed by this Subsection E.
(a) 
The total number of dwelling units shall not exceed 24 per acre based upon net lot area.
[Amended 12-15-2014 by Ord. No. 424-14]
(b) 
The number of off-street parking spaces shall not be less than 1/2 parking space per dwelling unit.
(2) 
Apartments shall be constructed in conformance with federal and state standards for the housing of persons:
(a) 
Who are single persons not less than 62 years of age or couples, one of whom is 62 years of age or more, or persons who are otherwise qualified for housing assistance payments for elderly families pursuant to relevant federal statutes or regulations.
(b) 
Whose incomes are low or moderate ones, as defined in relevant federal statutes or regulations.
(3) 
No nursing home, convalescent home, hospital or other similar institution shall be authorized under the provisions of this section.
(4) 
No more than 15% of the dwelling units in any building constructed in accordance with this section shall contain more than one bedroom.
(5) 
Each dwelling unit shall have a minimum of 500 square feet, except that a minimum area of 420 square feet shall be applicable to a dwelling unit consisting of one room containing a living and sleeping area and cooking facilities (efficiency dwelling units).
(6) 
The approval of such use shall be conditioned upon the recording of a deed restriction guaranteeing the continuance of the use. Each deed restriction shall provide that the authorized use under this section shall expire upon the failure to meet all the requirements of this section and within 12 months thereafter, unless extended by action of the Board of Supervisors, the structure shall be reconstructed to reduce the number of units, and the parking spaces shall be increased, so that in all respects the applicable provisions of the other sections of this chapter are satisfied.
A. 
Purpose and application of regulations. The Multifamily Overly District is designed primarily to make special provision for multifamily (including but not limited to townhouse, twin house, quadruplex and garden apartment) development in an orderly, appropriate manner in areas accessible to public water and sewer service as well as to a road network sufficient to accommodate the increased traffic to be anticipated from such multifamily development and to insure that such development projects are built in the manner and to the specifications shown on approved plans. The Multifamily Overlay District constitutes an alternate use in districts, which are now or may in the future be zoned for uses other than multifamily uses. When it is proposed that a lot or lots be developed in accordance with the underlying zoning, the provisions of this section shall not apply. The Multifamily Overlay District may be developed for multifamily use purposes only in accordance with the special provisions of this section and the provisions of Chapter 400, Subdivision and Land Development.
[Amended 12-15-2014 by Ord. No. 424-14]
B. 
Use regulations. A building or a unified group of buildings may be erected and used and a lot may be used or occupied for any of the following purposes and no other, when approved as a conditional use under Article XIV:
(1) 
Apartment.
[Amended 6-2-2014 by Ord. No. 422-14]
(2) 
Townhouse, duplex or twin.
(3) 
Quadruplex or quadruplex cluster.
(4) 
Accessory use on the same lot with and customarily incidental to any of the foregoing permitted uses. The term "accessory use" shall not include a business but may include:
(a) 
Parking garage or off-street parking lot or area.
(b) 
Recreational facilities available for use only by residents of the development and their guests.
(c) 
Permitted accessory structures shall be limited to perimeter fences and decks, patios, and swimming pools. Swimming pools shall not be located closer to the street or street right-of-way line on which the associated dwelling unit fronts than a line parallel to and coincident with the rear facade of the dwelling unit, extended to its points of intersection with the side boundaries of the lot and not less than 20 feet from any building or accessory structure located on any other lot, provided that accessory structures located on lots are in conformance with the underlying regulations contained in Article VIII or IX of this chapter and shall be located in conformity with the said regulations as they pertain to the location of accessory structures. All accessory structures shall be approved in typical configuration as a part of a conditional use proceeding. Typical configuration shall consist of each principal building envelope and accessory structure envelope on each lot.
[Amended 6-2-2014 by Ord. No. 422-14]
(5) 
No accessory buildings shall be permitted on the same lot as or within the designated open space area of a development under this section.
C. 
Districts and site development regulations. There shall be included in the Multifamily Overlay District such lots as are set forth on the Easttown Township Zoning Map,[1] marked respectively "Multifamily A" and "Multifamily B."
[Amended 6-2-2014 by Ord. No. 422-14; 12-15-2014 by Ord. No. 424-14]
(1) 
As to the lots of ground set forth on the Easttown Township Zoning Map marked "Multifamily A," the following site development standards shall apply:
(a) 
Lot area and width. A lot to be developed pursuant to this section shall be not less than 10 acres in area based upon net lot area, exclusive of portions of the lot less than 300 feet in width.
(b) 
There shall be a density of not more than 1.5 dwelling units per acre of net lot area; provided, however, that an increased density may be allowed under and in accordance with Subsection D(4) of this section.
(c) 
Land allocation.
[1] 
Coverage of the lot by principal and accessory buildings shall not exceed 15% of the net lot area, and total impervious surface, including building coverage, paved areas for automobile parking, pedestrian use and accessory use, shall not exceed 30% of the net lot area.
[2] 
A minimum area equal to 1/3 of an acre per dwelling unit shall be required and shall not be counted within the minimum required common open space for a development under this section.
[3] 
In addition to the standards and criteria established in Subsection E of this section and Article XIV, as part of the conditional use review process, it shall be incumbent upon the Planning Commission and the Board of Supervisors to require, to the greatest extent possible, that areas designated for open space purposes shall comply with the following:
[a] 
Impervious roadways, parking areas, and structural development, including recreational and stormwater management facilities, shall not be counted within minimum required open space areas.
[b] 
A maximum of 60% of the minimum required common open space area may include:
[i] 
Any area within the identified floodplain area.
[Amended 5-15-2017 by Ord. No. 428-17]
[ii] 
Any area with slopes in excess of 20% over three consecutive, two-foot contours.
[iii] 
Any area comprised of Chewacla, Wehadkee, or Worsham soils.
[iv] 
Any area subject to existing or proposed utility easements.
[v] 
Any area devoted to parking or vehicular circulation.
[4] 
Required open space. In no case shall the minimum required common open space constitute less than 35% of the gross lot area.
[5] 
Areas designated as open space shall be restricted from further development, except for recreational uses and facilities in accordance with the recorded plan of development and the conditional use approval granted by the Board of Supervisors. Such restrictions shall be enforced by deed restriction, conservation easement, or agreement in form and content acceptable to the Township Solicitor suitable for recordation in the office of the Recorder of Deeds.
[6] 
In approving a conditional use application, in addition to the criteria established by Subsection E of this section and Article XIV, the Board may impose such additional reasonable conditions in regulating the siting of the development and the configuration of the open space as:
[a] 
Minimize negative impacts of development on the lot, as denoted in the statement of ecological and economic impact, required by Subsection E(2)(h).
[b] 
Maximize conservation of site features that can be identified as having particular conservation value, including steep slopes, floodplains, watercourses, wetlands, high groundwater areas, mature trees, woodlands, hedgerows, fence lines, historic sites or structures, historic road or other transport traces, paths and trails, and other noted landscape features.
[c] 
Minimize intrusion upon public and private views on and off site by preservation of natural features or installation of landscape buffers.
(d) 
Setback requirements. No principal building or group of townhouses or other multifamily structure shall be located closer than 150 feet to any adjoining single-family residence district nor 100 feet to any other adjoining district. No accessory structure or parking area shall be located closer than 125 feet to any adjoining single-family residence district nor 75 to any other adjoining district. No interior street, whether public or private, shall be located so as to have a pavement edge closer than 100 feet to any adjoining single-family residence district nor 50 feet to any other adjoining district. No community or recreational facility shall be located any closer than 150 feet to any adjoining single-family residence district nor 25 feet to any other adjoining district. The Board of Supervisors may, in its discretion, reduce the required size of setbacks by no more than 35% of the provisions set forth in this section when and in the case that the plans and specifications submitted for approval indicate an outstanding excellence of site planning, architectural design and/or landscaping.
(2) 
As to the lots of ground set forth on the Easttown Township Zoning Map marked "Multifamily B," the following site development standards shall apply:
(a) 
Lot area (net lot area) and width. Every lot shall have an area of not less than 10 acres of net lot area and shall have a minimum width of 300 feet on every side.
(b) 
There shall be a density of not more than 3.5 dwelling units per acre of net lot area; provided, however, that an increased density may be allowed under and in accordance with Subsection D(4) of this section.
(c) 
Land allocation. Coverage of the lot by principal and accessory buildings shall not exceed 20%, and combined impervious surfaces, including building coverage, paved areas for automobile parking, pedestrian use, and accessory use, shall not exceed 40%. Contiguous open space and/or outdoor recreation areas shall have a minimum horizontal dimension of 50 feet and shall constitute at least 30% of the gross acreage and shall be convenient for use with respect to shape, location, and environmental conditions.
(d) 
Setback requirements. No principal building or group of townhouses or other multifamily structure shall be located closer than 150 feet to any adjoining single-family residence district nor 100 feet to any other adjoining district. No accessory structure or parking area shall be located closer than 125 feet to any adjoining single-family residence district nor 75 feet to any other adjoining district. No interior street, whether private or public, shall be located so as to have a pavement edge closer than 100 feet to any adjoining single-family district nor 50 feet to any other adjoining district. No community or recreational facility shall be located any closer than 150 feet to any adjoining single-family residence district nor 25 feet to any other adjoining district. The Board of Supervisors may, in its discretion, reduce the required size of setbacks by no more than 35% of the provisions set forth in this section when and in the case that the plans and specifications submitted for approval indicate an outstanding excellence of site planning, architectural design and/or landscaping.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
D. 
General development regulations. The following site development standards shall apply to any developments under this section:
(1) 
Building separation. The minimum distance between separate buildings shall be as follows:
(a) 
Between facing walls within 45° 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 for any of the distance of either wall, 25 feet between building corners.
(2) 
Building dimensions.
(a) 
Height. No building shall exceed 35 feet in height. No accessory structure shall exceed 20 feet in height.
(b) 
Building length. No building or building group such as a townhouse group shall exceed 160 feet as its greatest dimension in length or depth. No townhouse group shall consist of more than 18 dwelling units.
(c) 
Offsets. No more than eight townhouse dwelling units shall be attached in a single group. No more than two contiguous units in any group may be constructed in line, and each unit shall have at least one plan element on any floor which projects or recedes within the wall plane of the facade a minimum dimension of two feet.
(3) 
Dwelling units. Each dwelling unit within a multifamily structure shall contain at least 600 square feet of habitable space. Each dwelling unit shall have glazed window areas equal to at least 10% of its habitable area and movable sash window area equal to 5% of its habitable floor area.
(4) 
Bonus densities.
[Amended 6-2-2014 by Ord. No. 422-14; 12-15-2014 by Ord. No. 424-14]
(a) 
In any area designated as Multifamily A on the Easttown Township Zoning Map, where no less than 50% of the lot shall be in contiguous open space, density may be increased by allowance of one additional dwelling unit for each acre of net lot area, provided that in no event shall such increased density allowed hereunder exceed two dwelling units per acre of net lot area.
(b) 
In any area designated as Multifamily B on the Easttown Township Zoning Map, where not less than 40% of the lot shall be in contiguous open space, density may be increased by allowance of one additional dwelling unit for each acre of net lot area.
(5) 
Utility services.
(a) 
All principal buildings shall be served by common piped water supply. They shall be served by public sewer facilities unless the Board of Supervisors shall permit appropriate interim arrangements upon specific finding that public facilities will be available within a period not exceeding three years and upon condition that all pipes and laterals necessary to connect to such public facilities shall be installed and that connection be made thereto as soon as available. All transmission lines, whether pipe or wire, shall be located underground.
(b) 
Transmission lines shall be located in restricted areas at least 15 feet wide reserved against future building and laid out to minimize unnecessary passage under pavement and buffer planting strips. Easements for extension of utilities to adjoining areas shall be provided where appropriate upon recommendation of the Planning Commission.
(6) 
Off-street parking and vehicular circulation standards. Each building, structure, or use constructed, established, erected, enlarged, modified or altered under this section shall provide and satisfactorily maintain off-street parking spaces in accordance with the requirements of Article VIII, General Regulations, and Article X, Off-Street Parking and Loading. The parking regulations and design standards in this section shall supplement the regulations and design standards in Article X, and in the case the provisions of this section conflict with the provisions of Article X, the provisions of this section shall apply.
(a) 
General guidelines.
[1] 
A street and parking lot circulation plan should be prepared indicating vehicular movement patterns and expected peak-hour traffic volumes. Proposed streets should be classified according to classifications indicated in this chapter and Chapter 400, Subdivision and Land Development.
[2] 
Streets and parking lots should be planned to minimize traffic movement in the immediate vicinity of residential buildings and yards, with particular attention given to controlling noise and daytime and nighttime visual impacts of vehicles.
[3] 
Streets and parking lots should be planned to minimize their adverse impacts on adjoining properties. Buffers should be provided in accordance with Subsection D(10) of this section and Chapter 274, Natural Resources Protection.
(b) 
Minimum distances between streets, parking lots and residential buildings.
[1] 
Streets and residential buildings (measured from pavement to exterior building walls): 20 feet.
[2] 
Parking lots and residential buildings:
[a] 
Without full screening: 20 feet.
[b] 
With full screening: 10 feet.
(c) 
Design of streets and parking lots.
[1] 
Size of parking space. Each parking space shall be a minimum of 190 square feet per car, excluding that area required for safe vehicular ingress and egress.
[2] 
Parking lot size. The sizes of parking lots should be harmonious with residential living environments. Large parking areas should be avoided.
[3] 
Parking lots for more than 20 cars shall include planted areas within such parking lots. A minimum of 100 square feet of planting area shall be provided for the first 20 parking spaces, plus 100 square feet of planting area for each 10 additional parking spaces, on a pro rata basis.
[4] 
Parking lots shall be designed so that not more than 10 parking spaces are placed in a continuous row without intervening planting area of at least 100 square feet.
[5] 
All planting areas proposed for street rights-of-way and parking lots shall be in conformance with Subsection D(10).
[6] 
Streets and parking areas shall be designed to permit safe movement of automobiles, emergency vehicles, moving vans and trash trucks.
[7] 
Streets and parking areas shall be designed with consideration given to plowing and piling of snow.
(7) 
Pedestrian circulation plan. A pedestrian circulation plan shall be required as a part of all applications for multifamily conditional use approval. The plan shall indicate the locations, dimensions and materials to be used in providing for adequate pedestrian circulation in the proposed development.
(a) 
The pedestrian circulation plan shall reflect the following considerations:
[1] 
Provision of safe and adequate pedestrian movement in crossing of streets and parking areas.
[2] 
Provision of safe and adequate pedestrian routes to individual residences, with consideration given to privacy requirements of all residences.
[3] 
Specific provisions for schoolchildren and safe locations for school bus stops.
[4] 
Provisions for safe and adequate access between public transportation facilities and the proposed development, if appropriate.
[5] 
Multiple use of pedestrian routes for recreation purposes, including, when appropriate, provisions for leisure-time walking, jogging and bicycling.
[6] 
Aesthetic considerations to the alignments and materials used in construction of pedestrian routes.
[7] 
Maintenance considerations of the alignments and materials used in construction of pedestrian routes.
(b) 
Compliance with other regulations:
[1] 
With all applicable provisions of Chapter 400, Subdivision and Land Development, pertaining to curbing, walkway dimensions and related matters.
[2] 
With the landscaping provisions of this section.
(8) 
Solid waste storage and collection.
(a) 
A plan for the storage and collection of trash, garbage and rubbish must be submitted as part of the application for multifamily conditional use approval, indicating methods and proposed locations for the storage and collection of all solid wastes.
(b) 
The plan shall be prepared with full consideration given to health, safety and welfare of individual residents of the proposed development, as well as adjoining property owners.
(c) 
If common solid waste storage and collection points are proposed, a roofed structure with walls on at least two sides must be provided. Such structures must be architecturally harmonious with other buildings in the proposed development and shall be considered as accessory buildings, which shall meet all requirements for such structures as set forth in this chapter and Chapter 400, Subdivision and Land Development.
(9) 
Emergency facilities and services.
(a) 
Plans for streets, parking areas and building placement and construction shall be reviewed by the Chief of the local Fire Department.
(b) 
The following provisions shall be met:
[1] 
Fire hydrants, as required by the local Fire Department, and all applicable provisions of the Township's subdivision regulations.
[2] 
Smoke detector devices, approved by the local Fire Department, which shall include a minimum of one per floor of each dwelling unit.
[3] 
Emergency vehicle accessways, where required, must have a minimum cartway width of 15 feet.
[4] 
A systematic building numbering system shall be designed and implemented, with all numbers to be displayed in a manner adequate for convenient recognition by fire, police and ambulance personnel. Such numbering system shall be subject to the review of the Chief of Police of Easttown Township.
(10) 
Architecture and landscape architecture regulations.
(a) 
Architecture. Architectural schematic drawings prepared by an architect registered in the Commonwealth of Pennsylvania shall be required of:
[1] 
Plans of typical residences.
[2] 
Elevations of typical front and rear building facades of residences and accessory structures.
(b) 
Architectural schematic drawings shall reflect the following considerations:
[1] 
The presentation of an overall architectural theme, as well as architectural recognition of individual residences.
[2] 
Compatibility of the proposed project with adjoining properties, particularly residential neighborhoods.
[3] 
Long-term durability and maintenance requirements of building materials.
(c) 
Landscape architecture. A landscape plan prepared by a landscape architect shall be required. The plan shall include the following information:
[1] 
Approximate finished grades and drainage patterns of topography after project construction.
[2] 
Description of existing vegetation conditions on the lot and measures to be taken to project such vegetation during and following construction.
[Amended 12-15-2014 by Ord. No. 424-14]
[3] 
Proposed locations and listing of plant materials, by species and size, to be planted at the project.
[4] 
Proposed locations and description of other landscape materials to be used at the project.
(d) 
The landscape plan shall reflect the following considerations:
[1] 
The definition of spaces within the proposed development, e.g., by creating enclosures, opens areas and landmarks. Particular attention shall be given to creating privacy for individual residences by the creative use of plants and structural materials harmonious with the overall architectural theme of the proposed development.
[2] 
The provision of visual screening:
[a] 
Within and between parking areas.
[b] 
Between parking areas and buildings.
[c] 
Between groups of buildings.
[d] 
Between buildings and streets.
[3] 
The provision of landscaped visual buffer zones along tract boundary lines of such width, density and variation of plantings as necessary to ensure privacy of adjoining properties. The minimum width of such buffer zones shall be 25 feet.
[4] 
The provision of landscaping to help improve human comfort and to serve as a means of energy conservation. Measures to be considered shall include the use of plant materials to reduce the chilling effects of strong prevailing winter winds and to provide shade during the hot summer months.
[5] 
The provision of plant materials and natural environments to provide food and cover for upland birds and other wildlife species compatible with residential communities.
[6] 
The provision of suitable gardening areas to be used by residents of the proposed development.
[7] 
The use of plant species which add diversity and richness to the proposed development, in terms of colors and textures, as well as those species which are hardy, relatively disease and insect resistant, locally available, and primarily indigenous to the natural environments of the region.
[8] 
The use of landscape structural materials in the construction of fences, walls and other improvements, which are relatively durable and will not present unusual expense in maintenance or replacement.
(11) 
Ownership and maintenance of common open space.
(a) 
Application plans shall describe the plan for ownership and maintenance of common open space.
(b) 
The plan may provide for:
[1] 
Dedication to and maintenance by the Township if acceptable to the Board of Supervisors; and/or
[2] 
Private ownership and maintenance. The governing documents of a multifamily development shall provide, in perpetuity, for the common and uniform maintenance of all landscaped areas and common open space.
(c) 
The Board of Supervisors may require dedication, easements and/or deed restrictions covering all or portions of the common open space and may require the applicant to provide for and establish an organization for the maintenance of the common open space, organized under or similar to that required by the Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq., as amended, and agree that such organization or group of unit owners holding undivided interest in the common open space shall not dispose of the common open space by sale or otherwise (except to a similar organization or group conceived and established to own and maintain common open space). In determining whether the organization described in the plan is adequate, the Board of Supervisors shall consider the type and structure of the organization from the standpoint of its capacity to raise revenue, meet obligations and properly maintain facilities.
[Amended 6-2-2014 by Ord. No. 422-14]
(d) 
In the event the common open space is, in the judgment of the Board of Supervisors, permitted to deteriorate or not maintained in reasonable condition in accordance with the plan, the Township shall have the option of taking whatever steps are afforded by law to require compliance with the plan.
(e) 
In addition to any other remedies afforded by law, the Township shall have the right, which may be made part of the agreement with the applicant, to enter upon the common open space and maintain the same for a period not to exceed one year. The purpose of such action by the Township shall be to preserve the taxable values of the property within the development and prevent the common open space from becoming a public nuisance.
(f) 
Prior to entering upon the property, the Board of Supervisors shall give written notice of the condition complained of to the property owner or homeowners' association and afford the latter a period of not less than 30 days to remedy and correct the same.
(g) 
The cost of such maintenance by the Township shall be assessed ratably against the properties within the development which have a right of enjoyment of the common open space and shall become a lien upon said properties upon filing thereof as required by law.
E. 
Application for development.
(1) 
Applications for development of a lot under this section shall be accompanied by a plan containing the information required by this section and Chapter 400, Subdivision and Land Development. The appropriate application fee and/or escrow prescribed by resolution of the Board of Supervisors from time to time shall be paid in advance, and the applicant shall agree to reimburse the Township for all costs incurred by it in connection with and in direct relation to the review and processing of the application.
[Amended 6-2-2014 by Ord. No. 422-14; 12-15-2014 by Ord. No. 424-14]
(2) 
In addition, the following information shall be submitted to the Township:
(a) 
The nature of the landowner's interest in the land to be developed.
(b) 
The density of land use to be allocated to the site to be developed.
(c) 
Location and size of common open space and the form of the organization proposed to own and maintain the common open space.
(d) 
The use and the approximate height, bulk and location of dwellings and other structures and their proposed construction materials.
(e) 
The feasibility of proposals for the disposition of sanitary waste and stormwater and provision of public water supply.
(f) 
The substance of covenants, grants and easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures, including proposed easements or grants for public utilities.
(g) 
A provision for parking of vehicles and the location and width of proposed streets and public ways.
(h) 
A statement which will show the ecological and economic impact of the development on the Township and especially as to the surrounding areas.
(i) 
A traffic impact study documenting all improvements, which may be needed to avoid off-site congestion or hazard which might arise as a result of the construction of the project, for which application is made.
(j) 
Such other data as will indicate compliance with the development standards of this article.
(3) 
All applications for development under this section shall be approved by conditional use as per Article XIV of this chapter.
[Added 12-13-2016 by Ord. No. 427-16]
A. 
Purpose and application of regulations. The Devon Center Overlay District is intended to provide for the development of a variety of compatible commercial uses in a manner which employs unified design and architectural principals while creating a sense of place in close proximity to public transportation that promotes walkability while employing parking, circulation and mobility strategies that maximize efficiency and safety. When it is proposed that a tract or tracts be developed in accordance with the underlying zoning, the provisions of this section shall not apply.
B. 
Use regulations. A building or a unified group of buildings may be erected and used and a lot may be used or occupied for any of the following purposes and no other, when approved as a conditional use under Article XIV:
(1) 
Conditional use. The following use shall be permitted as a conditional use when authorized by the Board of Supervisors subject to the procedures and requirements of Article XIV, compliance with the area and bulk regulations of this § 455-33.1 and the other applicable provisions of this Zoning Ordinance:
(a) 
Unified development.
(2) 
Accessory uses. Accessory uses, accessory structures, and accessory buildings on the same lot with and customarily incidental to the foregoing permitted uses including a parking garage for a unified development and in accordance with § 455-48.
C. 
Area and bulk regulations.
(1) 
For a unified development.
(a) 
Minimum net tract area: five acres.
(b) 
Minimum tract width at the street line: 100 feet.
(c) 
Minimum building and structure setbacks from ultimate rights-of-way:
[1] 
From arterial street right-of-way: 20 feet.
[2] 
From collector and local street right-of-way outside of the DC Overlay District: 40 feet.
(d) 
Minimum building and structure setbacks from local street cartway within the DC Overlay District or on-street parking: twelve-foot minimum.
(e) 
Minimum building or structure setback from any existing residential use or lot zoned residential not located in the DC Overlay District: 20 feet.
(f) 
Minimum building or structure setback from any lot not part of the unified development but located in the DC Overlay District: 10 feet.
(g) 
Minimum building or structure setback from any lot located outside the DC Overlay District which is not zoned residential and which does not contain a residential use: 10 feet.
(h) 
Maximum building coverage (percentage of net tract area): 40%.
(i) 
Maximum imperious coverage (percentage of net tract area): 85%.
(j) 
Minimum green area (percentage of net tract area): 15%.
(k) 
Maximum building height:
[1] 
Thirty-five feet except as set forth in § 455-33.1D(4)(a)[4][c](vi).
[2] 
Structured parking: Maximum of 30 feet to the top of the parapet.
D. 
Devon Center design standards.
(1) 
Off-street parking. Each building, structure, or use constructed, established, erected, enlarged, modified or altered in the Devon Center Overlay District shall provide and satisfactorily maintain off-street parking spaces in accordance with the requirements of Article X, except as otherwise provided in this article.
(a) 
Perpendicular spaces shall have minimum dimensions of nine feet wide by 18 feet long.
(b) 
Minimum surface parking lot setbacks from ultimate right-of-way:
[1] 
From local street right-of-way not located in the DC Overlay District: 10 feet.
[2] 
From all other street rights-of-way: five feet.
[3] 
A landscaped area shall be provided, consisting of an area at least six feet wide located behind the adjacent sidewalk.
(c) 
Surface parking lots shall be set back from side and rear lot lines a minimum of five feet.
(2) 
Landscaping. Surface parking areas shall be landscaped in accordance with § 274-43A through J and L(1) through (3).
(3) 
Screening and buffering. Screening and buffering shall be consistent with the provisions of Article X of Chapter 274, Natural Resources Protection, applicable to the PBO Planned Business Office District, except that the buffer widths shall not be required to exceed the depth of the setbacks specified in this § 455-33.1.
(a) 
When a unified development is located adjacent to an exterior local street outside of the DC Overlay District a screen buffer shall be provided.
(4) 
Site and building design/development guidelines within a unified development.
(a) 
The applicant shall adhere to the following development design standards:
[1] 
Purpose. The purpose of this subsection is to establish requirements that promote communal gathering spaces and pedestrian scaled design within the unified development. Adherence to these standards will carry out the purposes of the District as set forth in § 455-33.1. Principles guiding the administration of these standards are as follows:
[a] 
Buildings shall be pedestrian-focused, with windows and doors on the street facing facades that are well-placed and in scale with the street zone.
[b] 
Emphasis shall be on creating a pedestrian-friendly walkable town center including:
[i] 
Shared public courtyards, plazas and greens;
[ii] 
Sidewalk and pedestrian walkways shall be required to foster pedestrian connectivity to the train station, transit stops and from adjacent districts.
[c] 
In multitenant buildings, each tenant or use shall have its own separate entrance to ensure secure, proper and easy access for pedestrians at street level.
[d] 
Architectural expression shall be provided in windows, doors, walls and roofs.
[e] 
Pedestrian pathways and sidewalks that are safe and attractive shall be provided.
[f] 
Street trees, shade trees, and landscape features shall be employed to enhance development and the pedestrian experience.
[2] 
Facade composition. Facade composition is the arrangement of materials and details to distinguish the components of the building. All development shall comply with the following design standards:
[a] 
Primary facades are those which face streets, public courtyards, plazas and greens and shall be most prominent.
[b] 
Except for mechanical louvers, fans and utility meters, no wall-mounted mechanical louvers, electrical cabinet or service equipment shall be placed on building facades. Mechanical equipment shall be located on the building rooftop or areas that are screened from view to the greatest extent feasible. Utility meters, mechanical louvers, electrical cabinets and fans that are visible from the street shall be screened to the greatest extent feasible.
[c] 
Building mass should be de-emphasized through the use of shade structures, windows, projecting and recessing of building elements, change in building materials, colors, and texture, change in building height and roof lines, and the creation of intimate pedestrian environments to reduce the overall bulk and volume, enhance the visual aesthetic, and promote a human-scale development pattern.
[3] 
Ground floor facade. The ground floor is the primary zone of interaction for pedestrians on the street or public courtyard. All development shall comply with the following design standards:
[a] 
Main building entrances shall face the street, public courtyards, plazas and greens.
[b] 
Building lobbies and retail spaces shall be clearly connected to the outdoor public space and visible from the street.
[c] 
Windows must be at street level and allow pedestrians to see activity within the building from the street, public courtyards, plazas, greens and primary pedestrian ways.
[4] 
Architectural elements. Architectural elements are the unique details and component parts that, together, form the architectural style of buildings and structures.
[a] 
Windows and doors on the ground floor of a building which faces a street shall comply with the criteria set forth below. A building which faces a street that is set back a minimum of 40 feet from the ultimate right-of-way shall not be required to comply with the following standards, when there is a minimum landscape area of five feet in width abutting the building.
[i] 
The facade shall contain a minimum of 50% clear glass windows and doors.
[ii] 
Highly reflective glass, bronze glass, tinted glass, black glass, or smoked glass is prohibited.
[iii] 
Windows and door openings shall be pedestrian-oriented and should be arranged in such a way as to enhance the pedestrian experience.
[iv] 
The maximum sill height above the adjacent sidewalk should be four feet or lower.
[v] 
Window heads should be eight feet to 14 feet above adjacent sidewalk elevation.
[vi] 
The top of display window(s) shall be at least as high as the door height.
[b] 
Exterior wall materials.
[i] 
There shall be one dominant material. Dominant materials shall include stone, wood, brick, stucco, plaster, parge, fiber cement siding, or other approved materials.
[ii] 
Secondary material may include stucco or any of the dominant materials.
[c] 
Roofs.
[i] 
Tops of buildings must express the roofline and have either pitched roofs with overhanging eaves or flat roofs with a parapet.
[ii] 
Fasciae, dormers, and gables or similar architectural features can be employed to provide visual interest.
[iii] 
Primary pitched roofs should have minimum slope of 4:12.
[iv] 
Pitched roof material may include:
[A] 
Slate, either natural or man-made.
[B] 
Shingle, either wood or asphalt composition.
[C] 
Metal formed to resemble standing seams, corrugated, or other similar materials.
[D] 
Polycarbonate materials may be used in lieu of safety glass on greenhouses and greenhouse-like structures.
[v] 
All rooftop mechanical equipment should be screened visually and acoustically, consistent with the noise regulations in this chapter. Such screening shall be integrated into the architectural design of the building.
[vi] 
For buildings and structures that are set back a minimum of 100 feet from the right-of-way of a local road which abuts residential uses or lots zoned residential outside of the DC Overlay District, 10% of the footprint of the roof may be increased to 45 feet in height provided that the roof is a gable roof and the slope of that heightened roof is at least 8:12 but not more than 14:12.
[5] 
Structured parking facilities in the unified development should abide by the following standards:
[a] 
The primary building facade of parking structures should contain elements of architectural design that emulate pedestrian-scaled commercial buildings within the district. This appearance may be achieved by integrating structured parking within or behind actual commercial or structures, or by the construction of building facades on parking structures that employ the same dominant and secondary building materials included herein for such buildings.
[b] 
Vehicle headlights in structured parking facilities shall not be visible from the street or adjacent residential structures.
[c] 
Vehicle access to parking structures must be gained from either an interior driveway or local street within the unified development. Vehicular access to parking structures is not permitted from an arterial road within the unified development or a local, collector or arterial street which abuts the DC Overlay District.
[d] 
Vehicles in parking garages shall not be visible from any local street adjacent to the DC Overlay District to the greatest extent feasible.
[6] 
Parking lot screening and greening standards. All parking and loading areas fronting public streets or sidewalks and all parking and loading areas abutting residential districts or uses in the unified development should abide by the standards contained in § 274-43L.
(b) 
Sidewalks along arterial roads within or adjacent to the DC Overlay District shall consist of a minimum of 12 feet of hardscape and be constructed to include two bands. A minimum six-foot brick paver area shall be located at the curbside with adjacent concrete pedestrian walkways of a minimum width of six feet.
(c) 
Sidewalks along local roads within and collector roads adjacent to and within the DC Overlay District shall consist of a minimum of seven feet of hardscape and be constructed to include two bands. A minimum three-foot brick paver area shall be located at the curbside with adjacent pedestrian walkways of a minimum width of four feet.
(d) 
Street lights, site furniture and other obstructions shall be placed in this paver band. Sidewalk design shall conform with PennDOT standards.
(e) 
Sidewalks along local roads adjacent to the DC Overlay District shall be a minimum of four feet in width with a four-foot-wide green strip along the street edge.
(f) 
Walkways and pedestrian areas shall include streetlights, coordinated site furniture including benches and trash receptacles, bicycle racks or similar features throughout the district.
(g) 
The applicant shall provide interconnecting walkways and crosswalks throughout the DC Overlay District. Crosswalk connections shall be provided from the DC Overlay District to adjacent districts in appropriate locations to allow pedestrian connectivity to the DC Overlay District.
(h) 
The Board of Supervisors may approve the use of architectural standards and designs that differ from those set forth in this § 455-33.1D(4) if the applicant demonstrates to the satisfaction of the Board that such standards and designs are consistent with the legislative intent of the DC Overlay District.
(5) 
Outdoor cafes. Notwithstanding anything to the contrary in this chapter, an outdoor cafe in the DC Overlay District which is located a minimum of 200 feet from a lot outside of the DC Overlay District which is used for a residential use or zoned residential shall stop serving customers by 9:00 p.m. and clear all tables of food, beverages (both alcoholic and nonalcoholic) and customers on or before 10:00 p.m. Sunday through Thursday. On Friday and Saturday, customer service shall stop at 11:00 p.m. and all tables shall be cleared of food, beverage (both alcoholic and nonalcoholic) and customers on or before 12:00 midnight.
(6) 
Zero lot line unit development. Individual units, buildings, or parcels of land within the development tract may be subdivided, leased, purchased, sold, mortgaged, and developed as individual zero lot line units without meeting the tract width, tract size, impervious coverage, building coverage, green area, and setbacks from internal parking and building lines for each individual zero lot line unit; provided, however, that the tract shall comply with the applicable area and bulk standards for the proposed unified development.
(7) 
Signs in DC Overlay District.
(a) 
The following types of signs shall be permitted in the DC Overlay District:
[1] 
Any sign permitted in residential districts which relates to a use permitted in the district.
[2] 
Real estate and development signs advertising the sale, rental, or development of premises, provided that:
[a] 
The sign area shall not exceed eight square feet and, if freestanding, shall not exceed a sign height of eight feet above mean grade.
[b] 
No more than one sign shall be erected for each 500 feet of street frontage.
[c] 
Signs shall not be illuminated.
[d] 
Off-premises signs advertising the sale, rental or development of premises shall be prohibited within these districts.
[3] 
Business or related signs in accordance with the following regulations:
[a] 
Sign area. The total sign area of all signs placed on a lot or on any one premises shall not exceed 1.5 square feet for each one linear foot of the front building facade. Where a building fronts on more than one street, only one street frontage may be used to calculate the total allowable sign area. The total sign area for any one sign in the DC Overlay District shall not exceed 75 square feet, unless otherwise specified in this section. Permanent window signs shall not be included in the computation of total permitted sign area. The total area of all window signs, including both temporary and permanent window signs, shall be limited to 25% of the glass area and such signs shall not obscure views from the outside to the interior of retail establishments.
[b] 
Wall signs. A total of three wall signs shall be permitted per premises in a building, with one such sign on any building facade that fronts on a street. The total sign area for any one wall sign shall not exceed 75 square feet. No wall sign shall exceed a sign height of 25 feet above existing grade or project above any cornice, parapet wall, roofline, or building facade.
[4] 
Freestanding ground signs.
[a] 
For a unified development identification sign, one freestanding ground sign shall be permitted. Where the unified development fronts a tract exterior arterial or collector street, one freestanding ground sign shall be permitted for each arterial or collector street frontage, provided that a minimum street frontage of 150 feet is maintained between signs. Unified development identification signs are not permitted on a tract's exterior local street.
[i] 
Freestanding ground signs shall not exceed a sign area of six square feet or a sign height of six feet above mean grade.
[ii] 
A unified development identification freestanding ground sign shall contain only the name, address, logo, and/or telephone number of the unified development.
[b] 
For a tenant identification sign, a maximum of four freestanding ground signs, identifying tenants within a unified development shall be permitted.
[i] 
One sign shall be permitted to be a maximum area of 75 square feet along a tract's exterior arterial street. The other three signs shall not exceed a maximum area of 45 square feet each and shall only be permitted within the tract or along a tract's exterior collector street. Tenant identification signs are not permitted on a tract's exterior local street.
[ii] 
Tenant identification signs shall be a maximum of eight feet in height above mean grade.
[iii] 
A tenant identification freestanding ground sign shall contain only the name and logo of the tenant and may identify the location of parking.
[c] 
A freestanding ground sign shall not be located within the right-of-way and shall be set back a minimum distance of 10 feet from the street cartway. No sign shall be so located as to present a hazard to motorists or pedestrians.
[5] 
Sidewalk signs. A limit of one portable sidewalk sign per business shall be permitted and may be placed within the sidewalk, so long as each portable sign shall not exceed nine square feet, and a minimum clear walking width of four feet shall be maintained on the sidewalk. Sidewalk signs shall be constructed of weather-resistant materials, such as wood, plastic or metal. No sidewalk sign shall contain foil, mirrors, bare metal, or other materials that could create hazardous conditions to motorists, bicyclists, or pedestrians. No sidewalk sign may contain lights of any kind. Sidewalk signs must be sufficiently weighted or constructed to keep the sign in the approved location. All sidewalk signs shall be taken indoors at the close of each business day. The area of sidewalk signs shall not be included in the computation of total permitted sign area.
[6] 
Temporary advertising signs for special events, including banners or displays on private property within the DC Overlay District constructed of cloth, light fabric, or similar materials when approved by the Zoning Officer for a period of not more than 30 cumulative days in any one calendar year. Such signs, when added to the sign area of any other signs on the premises, shall not accumulate in size to exceed 30% of the sign area permitted for permanent signs within the district where located or be in a position, or of a color, that presents a hazard to pedestrians or motorists.
[7] 
Parking garage signs. One parking garage wall sign not facing the tract's external street shall be permitted per side on a parking garage serving a unified development. The sign shall be a maximum area of 30 square feet and may identify tenants served by the parking garage. No parking garage wall sign shall exceed a sign height of 17 feet above existing grade or project above the parapet wall.
[8] 
Projecting signs. One projecting sign shall be permitted per premises on a building facade facing an interior courtyard. The total sign area for any one projecting sign shall not exceed five square feet. No part of the sign shall be less than eight nor more than 12 feet above ground or walkway level. Projecting signs may not be internally illuminated, but may be indirectly illuminated in accordance with the provisions of Article XI.