In addition to the zoning districts established in this chapter
and delineated on the zoning district map, all areas containing or
characterized by the features listed hereunder are established as
overlay districts in accordance with Section 605 of the Pennsylvania
Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10605.
The location of each overlay district is delineated on a map
depicting that overlay feature. These maps are adopted as a part of
the Zoning District Map.
A.
Accuracy of overlay districts. Overlay districts may not include
all land or sites subject to the special features of the overlay district,
and not all land within the overlay district may actually contain
the special or limited feature.
B.
Areas not included in overlay districts. It is the intent of this
article that the limitations on development which are imposed by the
overlay district regulations shall apply to all parcels which include
the regulated feature, whether or not the land is shown in the overlay
district. It shall be the responsibility of the applicant to establish
the presence or absence on the proposed site of all features subject
to regulation in this article.
C.
Interpretation of overlay districts. If the zoning district map or
list is questioned, the burden of proof shall be upon the developer,
who shall submit information from a qualified professional or other
expert acceptable to the Township to demonstrate that the site in
question can be used in the manner proposed without violation of this
article.
The regulations contained in this article shall apply to the
use of parcels and structures in each overlay district. These restrictions
shall be in addition to other regulations in this article.
A.
Limitations of intensity of development. The amount of site area
used or occupied by development is restricted as specified by the
applicable district regulations and as further restricted by the overlay
district regulations of this article.
B.
Limitations on authorized uses in overlay districts. Uses in overlay
districts may be authorized by right, by conditional use, by special
exception, or by planned development subject to the applicable district
regulations and as further stated in the overlay district.
(1)
Uses permitted by conditional use. All uses by right in any
zoning district which are prohibited because of the regulations of
any overlay district may be permitted by conditional use in any overlay
district, provided the use complies with the specific regulations
of any overlay district, and uses permitted by conditional use may
be permitted by conditional use in any overlay district, provided
the use complies with the regulations of the particular overlay district.
(2)
Uses permitted by special exception. All uses by special exception
in any zoning district which are prohibited because of the regulation
of any overlay district may be permitted by special exception in any
overlay district, and uses permitted by special exception may be permitted
by special exception in any overlay district, provided the use complies
with the regulations of the particular overlay district.
(3)
Uses permitted by planned residential development. All uses
by planned residential development in any zoning district which are
prohibited because of the regulations of any overlay district may
be permitted by planned residential development in any overlay district,
provided the use complies with the specific regulations of any overlay
district, and uses permitted by planned residential development may
be permitted by planned residential development in any overlay district.
A.
Intent. The intent of regulating development in floodplain areas
is to eliminate loss of life, health hazards and property damage which
may be caused by floods; to preserve the capacity of stream channels
and adjacent floodplains areas to carry floodwaters; and to encourage
the use of flood-prone land for open space uses.
B.
Identification of floodplain areas. The identified floodplain area
shall be those areas of the Township which are subject to the 100-year
flood, as identified in the Flood Insurance Study (FIS), or most recent
revisions thereof. The identified floodplain area shall consist of
the following specific areas.
(1)
FW (floodway area). The areas identified as floodway in the
AE Zone in the FIS. The term shall also include floodway areas which
have been identified in other available studios or sources of information
for those floodplain areas where no floodway has been identified in
the FIS.
(2)
FF (flood-fringe area). The remaining portions of the 100-year
floodplain in those areas identified in the AE Zone in the FIS, where
a floodway has been delineated. The basis for the outermost boundary
of this area shall be the 100-year flood elevations as shown in the
flood profiles contained in the FIS.
(3)
FA (general floodplain area). The areas identified as Zone A
in the FIS for which no 100-year flood elevations have been provided.
(a)
When available, information from federal, state, and other acceptable
sources shall be used to determine the 100-year elevation, as well
as a floodway area, if possible.
(b)
When no other information is available, the Township shall require
the applicant to determine the 100-year flood elevation and to delineate
a floodway area using hydrologic and hydraulic engineering techniques.
Hydrologic and hydraulic analyses shall be undertaken only by professional
engineers, or others of demonstrated qualifications, who shall certify
that the technical methods used correctly reflect current accepted
technical concepts. Studies analyses, computations, etc., shall be
submitted in sufficient detail to allow a thorough technical review
by the Township.
(c)
Changes in identification of identified floodplain area. The
identified floodplain area may be revised or modified by the Supervisors
where studies or information provided by a qualified agency or person
documents the need for such revision. However, prior to any such change,
approval must be obtained from the Federal Insurance Administration.
(d)
Boundary disputes. Should a dispute concerning any identified
floodplain boundary arise, an initial determination shall be made
by the Planning Commission. Any party aggrieved by this decision may
appeal to the Zoning Hearing Board. The burden of proof shall be on
the appellant.
(4)
Authorized uses in the Floodplain Overlay District. Any use
authorized in any zoning district may be authorized by the appropriate
procedure, provided the use is in compliance with this article, except
for the following uses which shall be prohibited within any identifiable
floodplain area:
(a)
Mobile buildings, mobile homes, and manufactured homes.
(b)
Hospitals.
(c)
Intermediate-care facility, personal-care boarding home, and
skilled nursing home.
(d)
Jails, prisons and detention centers.
(e)
Mobile home parks and campgrounds having spaces for recreation
vehicles.
(f)
Maintenance of a supply of any amount of Class A or B poison,
water-reactive liquid or solid, etiologic agents or radioactive material,
as defined by the United States Department of Transportation Hazardous
Materials Tariff.
(g)
Productions, storage or use of any hazardous materials identified
by the United States Department of Transportation Hazardous Materials
Tariff.
(5)
The following uses shall be revised with certain quantity limits
within an identified floodplain area:
(a)
Maintenance of a supply of any hazardous materials as defined by the United States Department of Transportation Hazardous Materials Tariff, not including those listed in § 460-704B(4)(f); such supply shall not exceed 550 gallons or other comparable measure.
C.
Standards for development in Floodplain Area Overlay Districts.
(1)
General.
(a)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse until all adjacent municipalities which
may be affected by such action have been notified by the Township
and until all required permits or approvals have been first obtained
from the Pennsylvania Department of Environmental Protection, Bureau
of Dams, Waterways and Wetlands. In addition, the Federal Emergency
Management Agency and Pennsylvania Department of Community and Economic
Development, Bureau of Community Planning, shall be notified by the
Township prior to any alteration or relocation of any watercourse.
(b)
Any new construction, development, uses or activities allowed
within any identified floodplain area shall be undertaken in strict
compliance with the provisions contained in this article and any other
applicable codes, ordinances and regulations. No approval shall be
issued until this determination has been made. It shall be the responsibility
of the applicant to obtain all such necessary other governmental permits.
(c)
The Federal Insurance Administrator and Pennsylvania Department
of Community and Economic Development, Bureau of Community Planning,
shall be notified by the Township prior to any alteration or relocation
of any watercourse.
(2)
Special requirements for FW and FA areas.
(a)
Within any FW (floodway area), the following provisions apply:
(3)
Placement of buildings and structures. Within any identified
floodplain area, all buildings and structures shall be designed, located,
and constructed so as to offer the minimum obstruction to the flow
and height of floodwater.
(4)
Storage. Within any identified floodplain area, all materials
that are buoyant, flammable, explosive or, in times of flooding, could
be injurious to human, animal, or plant life shall be stored at, or
above, the regulatory flood elevation and shall be floodproofed to
the maximum extent possible.
(5)
On-site sewage systems. No part of any on-site sewage system
shall be located within any identified floodplain area except in strict
compliance with all state and local regulations for such systems.
If any such systems is permitted, it shall be located so as to avoid
impairment to it, or contamination from it, during a flood.
(6)
Continuance. Structures and uses existing in any identified
floodplain area prior to the enactment of this article may continue
subject to the following provisions:
(a)
No expansion or enlargement of an existing structure or use
shall be allowed within any identified floodway that would cause any
increase in the elevation of the 100-year flood.
(b)
Any modification, alteration, reconstruction, or improvement
of any kind to an existing structure, to an extent or amount of 50%
or more of its market value, shall constitute a substantial improvement
and shall be undertaken only in full compliance with the provisions
of this article.
The purpose of this chapter is to create an Airport District
Overlay that considers safety issues around the Washington County
Airport, regulates and restricts the heights of constructed structures
and objects of natural growth, creates appropriate zones, establishing
the boundaries thereof and providing for changes in the restrictions
and boundaries of such zones, creates the permitting process for use
within said zones and provides for enforcement, assessment of violation
penalties, an appeals process, and judicial review.
The Airport District Overlay shall not modify the boundaries
of any underlying zoning district. Where identified, the Airport District
Overlay shall impose certain requirements on land use and construction
in addition to those contained in the underlying zoning district.
The following words and phrases when used in this article shall
have the meaning given to them in this section unless the context
clearly indicates otherwise.
The highest point of an airport's usable landing area measured
in feet above sea level. The airport elevation of the Washington County
Airport is 1,184 feet.
Any structure or object, natural or man-made, or use of land
which obstructs the airspace required for flight or aircraft in landing
or taking off at an airport or is otherwise hazardous as defined in
14 CFR Part 77 and 74 Pa.C.S.A. § 5102.
Any area of land or water upon which an airport hazard might
be established if not prevented as provided for in this chapter and
the Act 164 of 1984[1] (Pennsylvania Laws Relating to Aviation).
An imaginary surface longitudinally centered on the extended
runway center line and extending outward and upward from each end
of the primary surface. An approach surface is applied to each end
of the runway based on the planned approach. The inner edge of the
approach surface is the same width as the primary surface and expands
uniformly depending on the planned approach. The approach surface
zone, as shown on Figure 1, Surface Areas,[2] is derived from the approach surface.
An imaginary surface extending outward and upward from the
periphery of the horizontal surface at a slope of 20 feet horizontally
to one foot vertically for a horizontal distance of 4,000 feet. The
conical surface zone, as shown on Figure 1, Surface Areas,[3] is based on the conical surface.
Pennsylvania Department of Transportation.
Federal Aviation Administration of the United States Department
of Transportation.
For the purpose of determining the height limits in all zones
set forth in this chapter and shown on the Zoning Map, the datum shall
be mean sea level elevation unless otherwise specified.
An imaginary plane 150 feet above the established airport
elevation that is constructed by swinging arcs of various radii from
the center of the end of the primary surface and then connecting the
adjacent arc by tangent lines. The radius of each arc is based on
the planned approach. The horizontal surface zone, as shown on Figure
1, Surface Areas,[4] is derived from the horizontal surface.
A runway that is constructed for and intended to be used
by propeller driven aircraft of greater than 12,500 pounds maximum
gross weight and jet-powered aircraft.
Any preexisting structure, object of natural growth, or use
of land which is inconsistent with the provisions of this chapter
or an amendment thereto.
A runway having an existing instrument approach procedure
utilizing air navigation facilities with only horizontal guidance,
or area type navigation equipment, for which a straight-in nonprecision
instrument approach procedure has been approved or planned.
Any structure, growth, or other object, including a mobile
object, which exceeds a limiting height set forth by this chapter.
A runway having an existing instrument approach procedure
utilizing an Instrument Landing System (ILS) or a Precisions Approach
Radar (PAR). It also means a runway for which a precision approach
system is planned and is so indicated on an approved airport layout
plan or any other planning document.
An imaginary surface longitudinally centered on the runway,
extending 200 feet beyond the end of paved runways or ending at each
end of turf runways. The elevation of any point on the primary surface
is the same as the elevation of the nearest point on the runway center
line. The primary surface zone, as shown on Figure 1, Surface Areas,[5] is derived from the primary surface.
A defined area of an airport prepared for landing and takeoff
of aircraft along its length.
An object, including a mobile object, constructed or installed
by man, including but without limitation, buildings, towers, cranes,
smokestacks, earth formation and overhead transmission lines.
An imaginary surface that extends outward and upward from
the edge of the primary surface to the horizontal surface at a slope
of seven feet horizontally to one foot vertically. The transitional
surface zone, as shown on Figure 1, Surface Areas,[6] is derived from the transitional surface.
Any object of natural growth.
A runway that is constructed for and intended to be used
by propeller-driven aircraft of 12,500 pounds maximum gross weight
or less.
A runway intended solely for the operation of aircraft using
visual approach procedures.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5911 et seq.
[2]
Editor's Note: Said figure is included as an attachment to this chapter.
[3]
Editor's Note: Said figure is included as an attachment to this chapter.
[4]
Editor's Note: Said figure is included as an attachment to this chapter.
[5]
Editor's Note: Said figure is included as an attachment to this chapter.
[6]
Editor's Note: Said figure is included as an attachment to this chapter.
There are hereby created and established certain zones within the Airport District Overlay ordinance, defined in § 460-705.04 and depicted on Figure 1, Surface Areas,[1] and illustrated on the Washington County Airport Hazard
Area Map, hereby adopted as part of this chapter, which include:
A.
Approach Surface Zone.
B.
Conical Surface Zone.
C.
Horizontal Surface Zone.
D.
Primary Surface Zone.
E.
Transitional Surface Zone.
[1]
Editor's Note: Said figure is included as an attachment to this chapter.
A.
As regulated by Act 164 and defined by 14 CFR Part 77.13(a) (as amended or replaced), any person who plans to erect a new structure, to add to an existing structure, or to erect and maintain any object (natural or man-made) in the vicinity of the airport shall first notify the Department's Bureau of Aviation (BOA) by submitting PennDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. The Department's BOA response must be included with this permit application for it to be considered complete. If the Department's BOA returns a determination of no penetration of airspace, the permit request should be considered in compliance with the intent of this Overlay ordinance. If the Department's BOA returns a determination of a penetration of airspace, the permit shall be denied and the project sponsor may seek a variance from such regulations as outlined in § 460-705.06.
B.
No permit is required to make maintenance repairs to or to replace
parts of existing structures which do not enlarge or increase the
height of an existing structure.
A.
Any request for a variance shall include documentation in compliance
with 14 CFR Part 77 Subpart B (FAA Form 7460-1 as amended or replaced).
Determinations of whether to grant a variance will depend on the determinations
made by the FAA and the Department's BOA as to the effect of the proposal
on the operation of air navigation facilities and the safe, efficient
use of navigable airspace. In particular, the request for a variance
shall consider which of the following categories the FAA has placed
the proposed construction in:
(1)
No objection. The subject construction is determined to not
exceed obstruction standards and marking/lighting is not required
to mitigate potential hazard. Under this determination a variance
shall be granted.
(2)
Conditional determination. The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area which can be effectively mitigated. Under this determination, a variance shall be granted contingent upon implementation of mitigating measures as described in § 460-705.09, Obstruction marking and lighting.
(3)
Objectionable. The proposed construction/alteration is determined
to be a hazard and is thus objectionable. A variance shall be denied
and the reasons for this determination shall be outlined to the applicant.
B.
Such requests for variances shall be granted where it is duly found
that a literal application or enforcement of the regulations will
result in unnecessary hardship and that relief granted will not be
contrary to the public interest, will not create a hazard to air navigation,
will do substantial justice, and will be in accordance with the intent
of this chapter.
Notwithstanding any other provisions of this chapter, no use
shall be made of land or water within the Airport District Overlay
in such a manner as to create electrical interference with navigational
signals or radio communications between the airport and aircraft,
make it difficult for pilots to distinguish between airport lights
and others, impair visibility in the vicinity of the airport, create
bird strike hazards or otherwise endanger or interfere with the landing,
takeoff or maneuvering of aircraft utilizing the Washington County
Airport.
The regulations prescribed by this chapter shall not be construed
to require the removal, lowering, or other change or alteration of
any structure or tree not conforming to the regulations as of the
effective date of this chapter or otherwise interfere with the continuance
of a nonconforming use. No nonconforming use shall be structurally
altered or permitted to grow higher, so as to increase the nonconformity,
and a nonconforming use, once substantially abated (subject to the
underlying zoning ordinance), may only be reestablished consistent
with the provisions herein.
Any permit or variance granted pursuant to the provisions of this chapter may be conditioned according to the process described in § 460-705.06 to require the owner of the structure or object of natural growth in question to permit the municipality, at its own expense, or require the person requesting the permit or variance, to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.
Subject to that in this chapter.
Subject to the process in this chapter.
Where there exists a conflict between any of the regulations
or limitations prescribed in this chapter and any other regulation
applicable to the same area, the more stringent limitation or requirement
shall govern and prevail.
The purpose of the MPO Master Plan Overlay is to provide property
owners in the Township with opportunity to create mixed-use development
inclusive of residential and nonresidential land uses in areas of
the municipality that have existing infrastructure and capacity to
support redevelopment limited residential dwellings alongside moderately
sized commercial uses. Oriented to create a pedestrian experience,
this mixed-use area promotes walkability of residents and visitors
to promote increased mobility and animate the commercial spaces.
A.
C-1.
(1)
Permitted uses.
(a)
Amusement arcade.
(b)
Artisan workspace/sales.
(c)
Bakery/confectionery.
(d)
Bed-and-breakfast.
(e)
Brewery/brewpub/taproom.
(f)
Essential services.
(g)
Forestry.
(h)
Food and grocery store.
(i)
Home-based business, no impact.
(j)
Laundromat.
(k)
Library/museum.
(l)
Light manufacturing (high-technology industries), subject to § 460-1705.
[Added 4-14-2020 by Ord.
No. 4-2020]
(m)
Municipal building.
(n)
Personal and professional services.
(o)
Public park, recreation area, playground.
(p)
Restaurant, sit down.
(q)
Restaurant, takeout.
(r)
Retail, small-scale.
(s)
Tattoo shop.
(t)
Factory authorized equipment dealers, subject to § 460-1317.
[Added 11-10-2020 by Ord. No. 8-2020]
(u)
Schools (public).
[Added 3-8-2022 by Ord. No. 2-2022]
(2)
Conditional uses.
(a)
Apartment.
(b)
Banks and financial institutions.
(c)
Club/lodge.
(d)
Community center.
(e)
Health/fitness club.
(f)
Hotel/motel.
(g)
Medical office.
(h)
Mixed nonresidential/residential.
(i)
Pharmacy.
(j)
Professional and business offices.
(k)
Storage building for retail on premise.
(l)
Theater.
B.
C-2 and C-3.
(1)
Permitted uses.
(a)
Antiques.
(b)
Bakery.
(c)
Bank and financial institutions.
(d)
Bed-and-breakfast establishments.
(e)
Bookseller.
(f)
Business services.
(g)
Essential services.
(h)
Floral shop.
(i)
Forestry.
(j)
Garden apartments.
(k)
High-technology industries.
(l)
Home furnishings.
(m)
Library/museum.
(n)
Light manufacturing (high-technology industries), subject to
§ 4601705.
[Added 4-14-2020 by Ord.
No. 4-2020]
(o)
Music store.
(p)
Optician's shop.
(q)
Personal services.
(r)
Pet store.
(s)
Pharmacy/drugstore.
(t)
Professional and business offices.
(u)
Professional office.
(v)
Public buildings.
(w)
Restaurant.
(x)
Retail business establishment.
(y)
Studios.
(z)
Technical, trade and art schools.
(aa)
Theater or theater complex.
(bb)
Factory authorized equipment dealers, subject to § 460-1317.
[Added 11-10-2020 by Ord. No. 8-2020]
(cc)
Schools (public).
[Added 3-8-2022 by Ord. No. 2-2022]
(2)
Conditional uses.
(a)
Major unified mixed-use development, see § 460-706.09.
(b)
Apartment in combination with office or retail.
(c)
Commercial recreation (or outdoor entertainment).
(d)
Day-care center.
(e)
Day-care facilities.
(f)
Eating and drinking establishments, except drive-ins.
(g)
Educational studio.
(h)
Food and grocery store.
(i)
Funeral home.
(j)
Group homes.
(k)
Motels/hotels.
(l)
Multifamily dwellings.
(m)
Neighborhood commercial center.
(n)
Nursing homes.
(o)
Personal care boarding home.
(p)
Quadruplexes.
(q)
Residential hotels.
(r)
Townhouses.
All unified mixed-use development shall comply with the regulations and requirements set forth by § 460-706.09. If any standards or requirements set forth by § 460-706.09 conflict with those in this chapter, the regulations and requirements of § 460-706.09 shall supersede.
See Article XI.
See Article XII.
See §460- 706.09 and § 1605, as applicable.
See § 460-706.09 and § 460-1409, as applicable.
See § 460-1411.
A.
The purpose of the development approval process is to encourage owners
to unitize or assemble large parcels of land to create a coordinated
and well-conceived development which otherwise may not be created
on small parcels of land. The major unified mixed-use land development
is an optional mechanism that permits owners and the municipality
to promote and encourage ingenuity in the layout and design of coordinated
projects to more effectively improve and enhance sensitive natural
resources, open spaces, existing infrastructure, connectivity and
smart growth principles by allowing flexibility in the site layout
from requirements in the underlying zoning district. The applicant
shall be required to meet with the Township Municipal Authority to
review required sanitary sewer lines and other sanitary sewer facilities
including proposed rights-of-way to be identified, mapped and described
as well as the capacity the proposed project will necessitate. All
applicable provisions of the Township Municipal Authority shall apply.
(1)
this major unified land development is permitted by conditional
use in the overlay.
(a)
The only land uses authorized in a major unified land development shall be those permitted by right or by conditional use within the overlay. Authorized land uses permitted by conditional use shall meet the conditional use requirements as set forth by Article XIII of this chapter.
(b)
Specific application requirements respond to the unique natural
and geographic conditions, as well as the scale and style of the development
in the area. Consistent with the Pennsylvania Municipalities Planning
Code Traditional Neighborhood Development provisions, the major unified
mixed-use land development approval process includes submission of
a Master Development Plan that addresses all applicable requirements
of this chapter. Applicants are encouraged to provide for design standards
that maintain development patterns of existing neighborhoods and encourage
a mix of land uses that are complementary to the surrounding neighborhoods.
Additionally, applicants are encouraged to enhance vehicular and pedestrian
connectivity, reduce traffic congestion, and provide community services
that are complementary to the surrounding neighborhoods. As presented
through building elevations illustrating the entire block in which
an application is proposed, the applicant shall ensure compatibility
of building form and character exists between existing and proposed
improvements.
(2)
Property requirements for major unified mixed-use land development.
(a)
Site requirements. Property subjected to major unified mixed-use
land development approval shall, at the time of first approval, meet
the following site requirements:
[1]
Ownership. The entire site for the major unified
mixed-use land development shall:
[a]
Be owned or controlled (i.e., contract purchaser,
ground lease, etc.) by the developer; or
[b]
The owners of all the land shall submit a document
in recordable form and in a form approved by the Township Solicitor
binding all owners to comply with the major unified mixed-use land
development approved by the conditional use approval.
[2]
Minimum site area. The site subject to the major
unified mixed-use land development shall be greater than one acre.
[3]
Frontage. The minimum frontage abutting on a public
right-of-way shall not be less than 150 feet.
[4]
Access. The lot must provide for direct points
of ingress and egress in a manner to assure convenient and safe access,
which will not cause undue congestion or hazards on local roads.
[5]
Each lot shall, to the greatest extent possible,
preserve sensitive environmental features, existing wooded areas and
historical resources.
(3)
Approval of a major unified mixed-use land development. The
Board of Supervisors shall approve or deny the major unified mixed-use
land development in accordance with the provisions of this section
as a conditional use. Prior to granting approval or denying a conditional
use application, the proposal shall first be forwarded to the Township
Planning Commission and may be forwarded to the Washington County
Planning Commission for review and comment. Furthermore, a minimum
of one public hearing shall be held by the Board of Supervisors pursuant
to public notice within 60 days of the applicant's request for a hearing.
This time period may be extended if both parties agree to the time
extension, in writing.
(4)
Major unified mixed-use land development application and requirements.
(a)
Applicants seeking major unified mixed-use land development approval are required to contact the Township to discuss their project prior to any submission. During this time, the Township desires to review any associated sketch plans which should meet the requirements of Chapter 390, Subdivision and Land Development, prior to formal submission of a major unified mixed-use land development under this section. It is also advisable to present a sketch plan to the Township Planning Commission and the Board of Supervisors for informal discussions. Following sketch plan submissions, when one is submitted, or prior to formal submission of the Major unified mixed-use land development for consideration of conditional use approval, applicants shall be required to submit major unified mixed-use land developments depicting development on properties.
(b)
The submission for major unified mixed-use land development
approval shall include an application, site plans, proposed development
plan and any required engineering reports that are deemed necessary
by the Township to determine compliance with applicable sections of
the Township Code. The application shall also be accompanied by a
fee as may be set forth from time to time by resolution of the Board
of Supervisors.
(c)
Such plans and other materials shall not be required to meet the standards prescribed for preliminary or final land development approval or for the issuance of a building permit so long as they provide reasonable detail of the proposed use or development and a sufficient basis for a determination as to its compliance with these regulations. The plans and other documents shall be provided in the same number as comparable documents required for preliminary subdivision and/or land development under plan processing Chapter 390, Subdivision and Land Development.
(d)
Incomplete application. The Township shall review the application
within seven days of submission for completeness in accordance with
the requirements of this chapter. If an application is found to be
incomplete, the application shall be rejected; the Township shall
notify the applicant, in writing, citing the specific deficiencies
and the specific requirements of this chapter that have not been met.
(e)
Plan distribution. The Township shall forward one copy each
of the complete major unified mixed-use land development application
to the Planning Commission, the Township Engineer, the Township Municipal
Authority, the Washington County Planning Commission, and other such
consultants, agencies and boards as are deemed necessary to provide
a comprehensive review of the materials.
(f)
Deficient application. If the Township determines that the plans
and application do not meet numerous and/or significant requirements
of the Township's Code of Ordinances, the Township shall give the
applicant an opportunity to withdraw the plan for correction and refiling,
without an additional Township filing fee, unless an additional public
notice is required, then the fee shall be equal to the cost of the
notice. This allowance shall be permitted on a one-time basis.
(5)
Major unified mixed-use land development site requirements.
(a)
Density bonus. For those applicants/owners that complete the
major unified mixed-use land development approval process, the permitted
residential densities of the underlying base zoning district may be
increased by up to the following percentages:
(b)
Impervious cover bonus. For those applicants/owners that complete
the major unified mixed-use land development approval process, impervious
coverage shall be permitted to be considered over the entire gross
site area. In addition, the permitted impervious coverage may be increased
by up to 10% of the underlying base zoning district requirements.
(c)
Bulk and area requirements. Property subjected to major unified
mixed-use land development conditional use approval shall, at the
time of first approval, meet the following bulk and area requirements:
[1]
Lot size, lot width, lot depth. The minimum requirements for lot size, lot width and lot depth shall comply with the standards as set forth by the overlay district, as per § 460-706.03.
[2]
Minimum yard areas. The minimum yard area requirements for the perimeter of a major unified mixed-use land development shall comply with the minimum setback requirements of the overlay district, as per § 460-706.03.
[3]
Minimum buffer yards. Buffer yards, as specified in § 460-1409, shall be provided on all major unified mixed-use land development boundaries. No buffer yard is required under this section where a major unified mixed-use land development boundary abuts a street.
[4]
Height regulations. The maximum height of a principal
or accessory structure shall not exceed the height standards of the
overlay district.
(6)
Major unified mixed-use land development open space.
(a)
Common open space is encouraged in a major unified mixed-use
land development. The common open space shall be so dedicated or otherwise
preserved and maintained so as to always remain open and available
for use by the occupants of the development area. The land and facilities
to be used for common open space may be acceptable if either of the
following conditions is met:
[1]
The land and facilities shall be dedicated to a
public association or the Township, or an easement created for public
use, with the accepting public body agreeing to operate and maintain
the dedicated land and facilities for the originally intended use.
[2]
The land and facilities shall be deeded to an organization
representing the landowners of the development. The organization shall
covenant to operate and maintain the land and facilities for their
originally intended use. The organization shall not be dissolved nor
shall it dispose of the common open space, by sale or otherwise, without
first offering to dedicate the common open space to the public and
guaranteeing to the Township's satisfaction that the maintenance of
the common open space will continue. The Township is under no obligation
to accept dedication of this common open space for public use.
(7)
Public improvements. All streets, sidewalks, trails, walkways, bicycle paths, lighting and drainage facilities therewith shall be designed and constructed in accordance with this chapter and with the requirements of Chapter 390, Subdivision and Land Development, and Chapter 372, Stormwater Management, and all other applicable standards, regulations and requirements.
(8)
Variances, modifications and alterations to the major unified
mixed-use land development.
(a)
When approving a subdivision and/or land development plan within an approved major unified mixed-use land development area on an individual lot as a subdivision and/or land development plan, the Board of Supervisors, upon the request of an applicant, may approve reasonable modifications thereto as will not be contrary to the public interest. Where a special, reasonable modification is requested by an applicant, the procedure outlined by Chapter 390, Subdivision and Land Development, for granting modifications shall be strictly adhered to and followed.
(b)
Any variances of the zoning requirements except as authorized
in this section shall only be made by the Zoning Hearing Board as
a variance, if requested by an applicant.
(c)
All those provisions of the major unified mixed-use land development
relating to the operation of the major unified mixed-use land development
property authorized to be enforced by the Township under this section
may be altered, removed or released by the Township, except grants
or easements relating to the service or equipment of a public utility.
To ensure the integrity of the subdivision and/or land development
plan and to guarantee that modifications permitted in the major unified
mixed-use land development process do not adversely affect the public
interest, the enforcement and modification of the provisions of the
subdivision and or land development plan as finally approved, whether
they are recorded by plat, covenant, easement or otherwise, are subject
to the following conditions:
[1]
No such modification, removal or release of any
provision of the major unified mixed-use land development by the Township
shall affect the rights of the owners or tenants of any major unified
mixed-use land development to maintain and enforce those provisions,
at law or in equity, as provided in this chapter.
[2]
No modification, removal or release of any provision
of the major unified mixed-use land development by the Township shall
be permitted except upon the findings by the Board of Supervisors
or its designee, following public notice. These findings must indicate
that the changes are consistent with the following:
[a]
Provides efficient development and preservation
of the entire major unified mixed-use land development area,
[b]
Do not adversely affect the enjoyment of land abutting
or across the street from the major unified mixed-use land development.
[c]
Do not adversely affect the public health, safety,
welfare or other public interests in the major unified mixed-use land
development,
[d]
The modification has not been requested solely
to confer a special benefit upon any person.
[3]
The applicant may propose, and the Board of Supervisors
may consider, modifications to the planting scheme contained within
the master landscaping plan from time to time; provided, however,
the intent of the master landscaping plan is maintained and the buffer
yard screening is not unduly diminished.
(d)
From time to time, the use of any structure(s) on a major unified
mixed-use land development lot may be changed to another use permitted
in the district upon approval of an occupancy permit in accordance
with the Township Code of Ordinances and the following:
[1]
Where the proposed use is a special exception or
conditional use, the change must be submitted to the appropriate board
for review and approval.
[2]
Express conditions of a conditional use or special
exception shall not conflict with the finally approved major unified
mixed-use land development.
[3]
Where changes in elements of the major unified
mixed-use land development are necessary to meet the express conditional
use conditions, the applicant shall process a revised major unified
mixed-use land development showing the conflicts between the conditional
use's conditions and the major unified mixed-use land development
requirements and requesting approval of the revised major unified
mixed-use land development in accordance with this section.
[4]
Where changes of a major unified mixed-use land
development are required and a new conditional use is also requested,
the applications may be combined into a single proceeding.
[5]
Where changes of a major unified mixed-use land
development are required to enable a special exception, the major
unified mixed-use land development update must first be approved by
the Board of Supervisors prior to Zoning Hearing Board approval.
[6]
Any changes in the physical layout of a major unified
mixed-use land development lot shall only be approved as part of a
land development plan, unless the Zoning Officer determines the same
is in compliance with the following:
[a]
Permitted modifications.
[i]
General site layout. Minor revisions to the layout
are permitted so long as the internal traffic patterns and principal
building locations are substantially the same. Substantially the same
refers to not having fewer or a lesser number of buildings, lots,
houses, and/or amount of acreage; and/or not having a difference of
10% length of road, greater than 5% number of parking spaces; and/or
not relocating a bike path to a different right-of-way than what was
illustrated on the original application.
[ii]
Building footprint. No more than 2,500 square
feet of additional principal floor area may be added to a proposed
building.
[iii]
Parking. The site must be able to support the
minimum parking requirements of the proposed use(s).
[iv]
Traffic. The modification shall not increase peak
hour trips to the site by more than 2% or, when a traffic study was
not required as a part of the original submission, cause the project
to exceed 100 peak hour trips.
[v]
Stormwater. The modifications must be in accordance with Chapter 372, Stormwater Management, and must be recorded on a post-construction as-built plan.
[vi]
Impervious cover. No modification is permitted
which is in excess of the approved major unified mixed-use land development
for the area being altered.
[vii]
Site access. Driveways must be in substantially
the same location as shown on the approved plan. Any major driveway
modification that is the result of a federal, state or local agency
shall be permitted.
[viii]
Site lighting. Revisions are permitted when the applicant provides a revised plan that is sealed by a professional engineer, showing that the lighting continues to comply with the requirements of this chapter and Chapter 390, Subdivision and Land Development Ordinance.
[ix]
Sanitary sewer. Modification must be approved
by DTMA or the Township Sewage Enforcement Officer as appropriate.
[b]
Prohibited modifications with filing a land development
plan.
[i]
Dwelling units. No additional dwelling units may
be proposed.
[ii]
New buildings. No additional principal buildings
of any size or accessory buildings greater than 1,000 square feet
may be proposed.
[iii]
Health, safety and wellbeing. No modification
that would reduce the health, safety and wellbeing of the public or
that is otherwise contrary to the Township's Comprehensive Plan shall
be permitted under this policy.
[iv]
Conditions of land use approvals. Modifications
to the plan may not expand, enlarge or violate any conditions of conditions
of zoning relief without also applying for and obtaining approvals
for the proposed modification from either the Zoning Hearing Board
or Board of Supervisors, as may be applicable to the project.
(9)
Effect of approvals.
(a)
Provisions in favor of the Township. An express provision of,
or commitment in, the major unified mixed-use land development relating
to the use, bulk and location of buildings and structures, the quantity
and location of common open space, except as otherwise provided in
this article, and the intensity of use shall run as a covenant over
the land in favor of the Township. As provided by law, these provisions
shall be enforceable in law or in equity by the Township without limitation
on any powers of regulation otherwise granted the Township by law.
(b)
Release of rights. Owners of the lots or facilities may, to
the extent and in the manner expressly authorized by the provisions
of the major unified mixed-use land development, modify, remove, or
release their rights to enforce the provisions of the major unified
mixed-use land development, but no such action shall affect the right
of the Township to enforce the provisions of the major unified mixed-use
land development as approved and in accordance with the provisions
of this chapter.
