Township of East Brandywine, PA Article VIII TND-1 Traditional Neighborhood Development District

[Added 7-16-2014 by Ord. No. 02-2014[1]]

[1] Editor's Note: This ordinance superseded former Article VIII, VC Village Commercial District, as amended. See now Art. XXII.

§ 399-38 Intent.

The TND-1 Traditional Neighborhood Development District is intended to reflect and support the properties and uses that are predominant in the Village of Guthriesville, and to assure that new uses or changes in use, and the dimensional and design standards to which they must adhere, are compatible with the traditional, compact neighborhood commercial character and complementary residential uses within the village. Unobtrusive transition to the surrounding residential districts is to be achieved. The district seeks to limit and appropriately manage highway-oriented business uses. The standards of the TND-1 District also are intended to address potential concerns relating to pedestrian and vehicular access and off-street parking. Drawing upon the authority of the traditional neighborhood development provisions of Article VII-A of the Pennsylvania Municipalities Planning Code,[1] the TND-1 District also is designed to accomplish the following:

A. Provide a manual of written and graphic design guidelines to assist applicants in the preparation of proposals for traditional neighborhood development in accordance with § 708-A of the Pennsylvania Municipalities Planning Code.

B. Improve the function and appearance of Guthriesville Village as a means of implementing the Comprehensive Plan.

C. Place buildings to help form a streetscape.

D. Provide opportunities for infill development and redevelopment, consistent with existing buildings that are located close to streets and other accessways.

E. Provide street walls to form the traditional neighborhood character.

F. Provide for off-street parking at the rear or the side of buildings.

[1] Editor's Note: See 53 P.S. § 10101 et seq.

§ 399-39 Use regulations.

A. Uses permitted by right. A building may be erected, altered, or used, and a lot may be used or occupied, as a matter of right, for any one of the following purposes, and no other:

(1) Single-family detached dwelling.

(2) Two-family dwelling.

(3) Any of the following uses, either individually or in combination, where the square footage of the total floor area of the principal building or buildings is, or is proposed to be, less than 1,500 square feet:

(a) Retail sale of dry goods, hardware, variety and general merchandise, clothing, food, flowers, pharmaceuticals, personal-care items, household supplies or furnishings, musical, professional or scientific instruments, and similar items, but specifically not including:

[1] The sale of new or used automobiles, trucks, or similar vehicles;

[2] The sale of automotive fuel or lubricants; and

[3] A convenience store.

(b) Personal-service enterprises such as barbershop; beauty salon; shoe repair; tailor; dropoff/pickup facility associated with off-site clothes cleaning or pressing operation; repair of television, radio, and similar appliances and equipment; plumber; electrician.

(c) Restaurant (including fast-food restaurant but excluding fast-food restaurant with drive-through service), retail bakery, confectionery, or other places serving food and/or beverages.

(d) Office for the professional practice of medicine, law, engineering, architecture, real estate, insurance, or financial consultation.

(e) Studio for performing or visual arts; gallery.

(f) Exercise, fitness, and/or personal-training facility, but not including indoor recreation facilities such as courts, field space, bowling alleys, and similar large-scale operations.

(g) Gift, art, and/or antique shop.

(h) Specialty shop and facilities for craftsman, such as blacksmith, tinsmith, cabinet maker, furniture repair/refinishing, and uses of similar character.[1]

[1] Editor’s Note: Former Subsection A(3)(i), concerning day-care facilities as a principal use, which immediately followed this subsection, was repealed 10-1-2015 by Ord. No. 07-2015. See now Subsection B(7).

(4) Conversion of a single-family dwelling, subject to the provisions of § 399-96.

(5) Accessory dwelling unit, in accordance with the terms of § 399-91.

(6) Bed-and-breakfast facility, in accordance with the terms of § 399-95.

(7) Accessory use on the same lot with and customarily incidental to any of the uses permitted by right or conditional use, including but not limited to those uses described in § 399-92.

(8) No-impact home occupation, in accordance with the terms of § 399-93.

[Added 11-29-2018 by Ord. No. 05-2018]

B. Conditional uses. The following uses shall be permitted when approved as a conditional use by the Board of Supervisors in accordance with the terms of this article and of § 399-137:

(1) Dwelling unit or units, when arranged to form an integral part of a building in which the ground floor, or at a minimum the front portion thereof, is constructed and maintained for any use permitted under Subsection B(3) herein, and when in compliance with § 399-40I, below.

(2) Religious use.

(3) Any of the uses listed in § 399-39A(3), either individually or in combination, where the square footage of the total floor area of the principal building or buildings is, or is proposed to be, 1,500 square feet or greater.

(4) Inn, but not including motel/hotel, in accordance with the terms of § 399-95A.

(5) Museum or library.

(6) Multifamily dwellings.

(7) Day-care facility as a principal use, in accordance with § 399-102.2 of this chapter.

[Added 10-1-2015 by Ord. No. 07-2015]

(8) Major home occupation, in accordance with the terms of § 399-93.

[Added 11-29-2018 by Ord. No. 05-2018]

§ 399-40 Area and bulk regulations.

The following shall apply to all uses permitted in the TND-1 District except two-family and multifamily dwellings:

A. The regulations in this section shall be applicable only when, as a prerequisite, it can be demonstrated that adequate sewage facilities and water supply for the use in question can be provided and approved. Criteria for determining such adequacy shall include compliance with the requirements of this article and other applicable provisions of this chapter, as well as the requisite approvals and permits from the Chester County Health Department and/or the Pennsylvania Department of Environmental Protection. Any proposed use for which water and/or sewage facilities are deemed inadequate to serve such use shall comply with the area and bulk regulations for single-family dwellings contained in § 399-34A of this chapter.

B. Minimum lot area. Except as otherwise specified by this chapter for particular uses, a net lot area of not less than 5,000 square feet shall be required in the TND-1 District for uses other than two-family and multifamily dwellings. Where the lot is to contain a combination of uses, as permitted in § 399-39, a minimum net lot area of 3,500 square feet per use shall be required.

C. Minimum lot width. Each lot shall have a width of not less than 50 feet at the building setback line.

D. Minimum front yard/build-to line. There shall be a front yard on each tract or lot which shall be not less than five feet in depth and shall be not more than 12 feet in depth, depending on whether there is only a sidewalk 4.5 feet wide or a sidewalk 10 feet to 12 feet wide, as per the Sidewalks and Crosswalks section and the Typical Section for Accessways, respectively, in the Guthriesville Village Manual of Written and Graphic Design Guidelines.[1]

[Amended 8-19-2015 by Ord. No. 06-2015]

[1] Editor's Note: See Appendix B, which is included as an attachment to this chapter.

E. Minimum side and rear yards.

(1) On each lot, there shall be no required side yard where buildings are erected on the side lot line and share a common party wall with a building on an adjacent lot. Where buildings are not so erected, there shall be a side yard along each side lot line having a width of not less than 7.5 feet.

(2) No principal building shall be located closer than 25 feet to any rear property line.

(3) Any accessory use structure may be located within a side or rear yard only and shall be in compliance with § 399-75 of this chapter, except that such structure may be located not less than five feet from any side or rear property line.

F. Maximum impervious surface. No more than 80% of the net area of any lot may be covered by impervious surfaces.

G. Minimum vegetative cover. Not less than 15% of the gross area of any lot shall be planted and maintained with existing and/or installed vegetation.

H. Maximum height. No building or other structure erected, altered, or enlarged in the TND-1 District shall exceed a height of four stories or 45 feet, whichever is less; provided, however, that no more than 15% of the total footprint of all buildings on any property in the TND-1 District may exceed three stories or a height of 35 feet; no such building shall exceed 45 feet in height.

I. Dwellings in combination with nonresidential use.

(1) Any dwelling unit permitted under the terms of § 399-39B(1), above, shall have a floor area of not less than 800 square feet.

(2) Total floor area devoted to dwelling units within the structure shall not exceed three times the total floor area of the ground-floor nonresidential use or uses.

(3) Entrance to any dwelling unit may be shared with another unit or units but shall be independent of the nonresidential use or uses.

(4) A minimum of 1.5 off-street parking spaces shall be required for each dwelling unit; such spaces shall be in addition to the parking requirements for the nonresidential use or uses. In all other respects, off-street parking shall be in accordance with Article XV of this chapter. Where the calculation of parking spaces yields a total with a half space, the total number of required spaces shall be increased by rounding up to the next full number.

(5) Where two or more dwelling units are to be created above the ground floor, requisite approvals of interior layout, emergency exits, etc., shall be obtained from the Pennsylvania Department of Labor and Industry, and a copy provided to the East Brandywine Fire Company upon receipt of such approval.

J. Building separation distances shall be a minimum of 30 feet to allow for adequate access by emergency service vehicles.

§ 399-41 Standards and criteria for two-family and multifamily dwellings.

A. Two-family dwellings.

(1) Minimum lot area. A minimum net lot area of 3,500 square feet per dwelling unit shall be required.

(2) Minimum lot width: 40 feet as measured at the building setback line.

(3) Minimum front yard/build-to line. There shall be a front yard on each tract or lot which shall be not less than five feet in depth and shall be not more than 12 feet in depth, depending on whether there is only a sidewalk 4.5 feet wide or a sidewalk 10 feet to 12 feet wide, as per the Sidewalks and Crosswalks section and the Typical Section for Accessways, respectively, in the Guthriesville Village Manual of Written and Graphic Design Guidelines.[1]

[Amended 8-19-2015 by Ord. No. 06-2015]

[1] Editor's Note: See Appendix B, which is included as an attachment to this chapter.

(4) Minimum side yard: 7.5 feet.

(5) Minimum rear yard: 25 feet.

(6) Maximum impervious surface: Not more than 85% of the net area of any lot may be covered by impervious surfaces.

(7) Maximum height: three stories or 35 feet, whichever is less.

(8) All dwelling shall be served by a community sewage system and a central water supply system. The proposals for sewage disposal and water supply shall comply with the terms of § 399-40A, above, and § 399-42K, below.

B. Multifamily dwellings.

(1) Maximum density. A maximum gross density of 12 dwelling units per acre shall be permitted.

(2) Any apartment unit above a ground floor/first floor nonresidential use shall have a minimum floor area of 800 square feet.

(3) All multifamily dwellings in a building devoted entirely to residential use shall have a minimum floor area per unit as follows:

(a) No less than 1/3 of the units shall be between 1,000 and 1,200 square feet each;

(b) No more than 2/3 of the units shall be between 800 and 1,000 square feet each.

(4) Building separation distances shall be a minimum of 30 feet to allow for adequate access by emergency service vehicles.

(5) Setback of a principal building from any tract boundary shall be a minimum of 10 feet.

(6) Maximum impervious surface: No more than 85% of the gross tract area shall be covered by impervious surfaces.

(7) Common open space. It is not required that common open space be provided as part of the development of multifamily dwellings. Where common open space is provided; however, it shall comprise an area representing not less than 10% of the gross tract area. The use, design, maintenance, and ownership of any common open space areas shall be in accordance with the applicable standards contained in § 399-58C(5) of this chapter. In addition to the uses provided in § 399-58C(5)(f), common open space may be used as a village green, consistent with the Manual of Written and Graphic Design Guidelines.

(8) Minimum width of single-family attached unit: 18 feet.

(9) Minimum front yard/build-to line. There shall be a front yard on each tract or lot which shall be not less than five feet in depth and shall be not more than 12 feet in depth, depending on whether there is only a sidewalk 4.5 feet wide or a sidewalk 10 feet to 12 feet wide, as per the Sidewalks and Crosswalks section and the Typical Section for Accessways, respectively, in the Guthriesville Village Manual of Written and Graphic Design Guidelines.[2]

[Amended 8-19-2015 by Ord. No. 06-2015]

[2] Editor's Note: See Appendix B, which is included as an attachment to this chapter.

(10) Minimum side yard (single-family attached end units): 10 feet.

(11) Minimum rear yard: 35 feet.

(12) Maximum height. Multifamily buildings and mixed-use buildings containing multifamily dwellings shall be deemed to be part of the class of buildings that is governed by the terms of § 399-40H.

(13) All dwellings shall be served by a community or public sewage system and a central water supply system. The proposals for sewage disposal and water supply shall comply with the terms of § 399-40A and § 399-42K, below.

(14) The furnishing of a detailed and acceptable planting plan and its approval by the Board of Supervisors shall be a condition of any approval of an application for multifamily dwellings.

§ 399-42 Design standards.

Except as otherwise specified by this chapter for particular uses, the following design standards of this chapter shall, as applicable, govern all uses within the TND-1 District:

A. Signs: as required by Article XVI.

B. Parking. Except as noted below, the standards in Article XV shall apply.

(1) For any residential use approved as a conditional use, a minimum of 1.5 off-street parking spaces shall be required for each dwelling unit. Where the calculation of parking spaces yields a total with a half space, the total number of required spaces shall be increased by rounding up to the next full number.

(2) For any conditional use:

(a) Where on-street parallel parking is proposed, such spaces shall be nine feet in width and 25 feet in length.

[Amended 2-16-2023 by Ord. No. 02-2023]

(b) On-street parking spaces along the frontage of a lot may be credited to the applicable off-street parking requirements for that lot.

(c) All on-street parking shall be subject to approval by the Township and PennDOT, as applicable.

C. Access and traffic control: as required by § 399-81.

D. Landscaping and site design: as required by § 399-78.

E. Screening and buffering: as required by § 399-79.

F. Storage: as required by § 399-80.

G. Interior circulation: as required by § 399-82.

H. Lighting: as required by § 399-83.

I. Loading: as required by Article XV.

J. Erosion/sedimentation control and stormwater management, as required by Chapter 345, Stormwater Management.

[Amended 2-18-2015 by Ord. No. 01-2015]

K. Sewage facilities and water supply. For any new use or change of use that will result in water usage and/or sewage disposal needs which will exceed those of the existing use of the property, the Zoning Officer shall require the applicant to submit appropriate documentation from the Chester County Health Department, the East Brandywine Township Municipal Authority, and/or the Pennsylvania Department of Environmental Protection, certifying the sufficiency of the proposed sewage facilities and the quality and quantity of the proposed water supply in relation to the proposed use or uses. The Zoning Officer shall, as he deems it necessary, consult with the Township Engineer on any aspect of the proposed sewage facilities or water supply and shall deny the application where the proposed sewage facilities or water supply are deemed to be inadequate.

L. A public realm plan shall be provided with all conditional use applications to depict all existing and proposed sidewalks and crosswalks, street trees, streetlights, pedestrian gathering areas, pedestrian amenities, and other landscape and hardscape areas.

M. Written and graphic design guidelines.

(1) All proposals for conditional use approval within the Traditional Neighborhood Development TND-1 District shall be consistent with the amended Manual of Written and Graphic Design Guidelines in Appendix B of this chapter, which Appendix B is incorporated by reference and made a part hereof.[1]

[Amended 12-3-2015 by Ord. No. 11-2015]

[1] Editor’s Note: Appendix B is included as an attachment to this chapter.

(2) All applicants for conditional use approval shall utilize Appendix B and shall prepare and submit their own specific manual with details on their particular project.

N. Among its other considerations, the Board of Supervisors may, as it deems appropriate, require any applicant for a conditional use to prepare and submit a traffic impact study. Such study shall comply, at a minimum, with the requirements of § 350-37 of Chapter 350, Subdivision and Land Development; in addition, the applicant may be required to address specific measures to achieve satisfactory access management.

§ 399-43 Zoning compliance plan.

In order to determine compliance with the terms of this article, and to maximize compatibility of any new or changed land use with the existing village character of Guthriesville, any proposal for a use authorized by right or conditional use within the TND-1 District, with the exception of single-family detached and two-family dwellings, conversion of a single-family dwelling, and an accessory dwelling, shall require submission of a zoning compliance plan in accordance with the terms of this section.

A. The zoning compliance plan, consisting of text and graphics, shall be submitted to the Zoning Officer as part of an application for a use and occupancy permit or for conditional use approval by the Board of Supervisors.

B. The zoning compliance plan shall contain, at a minimum, the following:

(1) Specific documentation of how each applicable standard cited in §§ 399-40, 399-41, and 399-42 will be complied with.

(2) Certification from the Chief of the East Brandywine Fire Company as to the adequacy of access for emergency vehicles.

(3) Demonstration of compliance with any other applicable standards of Chapter 350, Subdivision and Land Development.

C. The zoning compliance plan shall be reviewed and evaluated as follows:

(1) When part of an application for a use and occupancy permit, the plan shall be reviewed by the Zoning Officer within the time frame established by this chapter for acting upon such applications. The Zoning Officer may, as he deems necessary, seek further comment on the plan from the Township Planning Commission, the Township Engineer, or other parties he deems appropriate. Where the plan indicates that one or more requirements of this chapter will not be complied with, the Zoning Officer shall so notify the applicant and shall withhold issuance of any use and occupancy permit until such noncompliance is remedied or appropriate relief from such requirement is obtained from the Zoning Hearing Board or the Board of Supervisors.

(2) Where submitted in conjunction with an application for conditional use, the zoning compliance plan shall also address the requirements of § 399-137B(6) that are not otherwise included under the terms of this section. Upon completing his review of the application, as required in § 399-137C(1), the Zoning Officer shall report his findings to the Board of Supervisors for consideration during the public hearing on the conditional use application. The plan also shall be reviewed by the Township Planning Commission as part of its review of the conditional use application and recommendation to the Board of Supervisors.

D. Ownership. The tract of land to be developed shall be in one ownership, or shall be the subject of an application filed jointly by the owners of the entire tract, and shall be under unified control. If ownership of the entire tract is held by more than one person or entity, the application shall identify and be filed on behalf of all the said owners. Approval of the plan shall be conditioned upon agreement by the applicant or applicants that the tract shall be developed under single direction in accordance with the approved plan. No site preparation or construction shall be permitted other than in accordance with the approved plan. If ownership of the tract changes subsequent to approval of the plan, no site preparation or construction by such new owner or owners shall be permitted unless and until such owner or owners shall review the terms and obligations of the approved plan and agree in writing to be bound thereby with respect to development of the tract.