Encourage the unified development of large parcels along the Route 422/Benjamin Franklin Highway corridor.

Provide development flexibility and respond to market demands.

Create tax base development and job opportunities.

Provide opportunities for commercial and residential development sufficient to meet the needs not only the local, but also of the regional market.

The areas subject to hydric soils within the Township shall be an overlay to the existing underlying district as illustrated on the Official Zoning Map. As such, these provisions regulating hydric soils shall be a supplement to the underlying district provisions. Where conflicts arise between provisions or regulations of this chapter, the more restrictive provisions shall apply.

The purpose of establishing provisions for areas which may encounter hydric soils is to promote and protect the general health, welfare and safety of the community; secure environmentally sensitive lands; encourage the utilization of appropriate construction practices; and to minimize hazards to public health.

The U.S. Department of Agriculture in cooperation with the National Technical Committee for Hydric Soils has defined a "hydric soil" as follows:

A hydric soil is a soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part.

The hydric soils which have been identified, described and delineated within the Township by the U.S. Department of Agriculture in conjunction with the Pennsylvania State University and Pennsylvania Department of Agriculture in the Soil Survey of Berks County include, but are not limited to the following:

It is the intention of this chapter, that in cases where the Hydric Soil Overlay District overlaps the Floodplain Overlay District, the policies, restrictions, guidelines and standards of the Floodplain Overlay District (§ 32- 502) shall preside.

Development within areas with hydric soils shall be subject to § 32-506 (Wetland Overlay District) of this chapter.

Public and private recreation uses, including parks (except amusement parks), playgrounds, picnic grounds, golf courses, driving ranges, archery ranges, target ranges, horse riding trails, hiking trails, camping, boating, fishing and hunting subject to § 32-906 of this chapter and Agricultural (General) subject to § 32-905(a) of this chapter. Notwithstanding § 32-906(c) hereof, recreation uses involving impervious cover, permanent structures, or regrading are permitted only when there is no practical alternative, as determined by the Board of Supervisors.

Should a dispute arise concerning the boundaries of those areas subject to hydric soil overlay controls, an initial determination of the boundaries shall be made by the Zoning Officer and/or the Township Engineer utilizing the criteria listed under § 32-503(b) (Designation of Hydric Soil Areas) of this chapter.

Any person aggrieved by this decision may appeal to the Zoning Hearing Board as specified in this chapter.

The burden of proof shall be on the person appealing the decision of the Zoning Officer and/or the Township Engineer.

If it is determined by the Zoning Hearing Board that the resources which have established the Hydric Soil Overlay District are inaccurate regarding the land in question, and that the area should not be subject to the hydric soil controls established under this section, the Zoning Officer and/or the Township Engineer shall be notified in writing that the hydric soil controls will not apply to the land in question.

All boundary changes which are approved shall be made on the map of the areas subject to hydric soil controls which is prepared by the Board of Supervisors.

The High Water Table District shall be an overlay to the existing underlying zoning district as illustrated on the Official Zoning Map. As such, these provisions regulating high water table management shall be a supplement to the underlying district provisions. Where conflicts arise between provisions or regulations of this chapter, the more restrictive provisions shall apply.

The purpose of establishing provisions for areas which may encounter a high water table is to promote and protect the general health, welfare and safety of the community; secure environmentally sensitive lands; encourage the utilization of appropriate construction practices; and to minimize hazards to public health.

The High Water Table Overlay District shall include all areas subject to inundation of soils which are characteristic and categorized as being alluvial and/or as high water table soils by the Soil Survey of Berks County, Pennsylvania prepared by the United States Department of Agriculture (Soil Conservation Service) in cooperation with the Pennsylvania State University and Pennsylvania Department of Agriculture.

Alluvial soils are defined as soils which have been formed in alluvium and deposited in the past by stream or flooding conditions. The presence of these soils is a reliable indication that heavy runoff conditions will probably create flooding in the future.

High water table soils are defined as surface soils which are within three feet of the seasonable high water table as described and identified by the United States Department of Agriculture in the Soil Survey of Berks County.

The alluvial and high water table soils which have been identified, described and delineated within the Township by the U.S. Department of Agriculture in conjunction with the Pennsylvania State University and Pennsylvania Department of Agriculture in the Soil Survey of Berks County include, but not limited to the following:

It is the intention of this chapter, that in cases where the High Water Table Overlay District overlaps the Floodplain Overlay District (§ 32-502) and/or the Hydric Soil Overlay District (§ 32-503), the policies, guidelines and standards of the more restrictive District shall preside.

General agriculture uses, subject to § 32-905(a) of this chapter.

Municipal use.

Public and private recreation uses not involving impervious cover, permanent structures, or regrading, including parks (except amusement parks), playgrounds, picnic grounds, golf courses, driving ranges, archery ranges, target ranges, horse riding trails, hiking trails, camping, boating, fishing and hunting subject to § 32-906 of this chapter.

Woodland or game preserve, wildlife sanctuary or similar conservation use.

Accessory uses to the above permitted uses when on the same lot as the permitted use.

Church or similar place of worship, provided an on-lot sewage disposal system is not located on soils that are considered hydric, alluvial or having a high water table. The proposed lot shall comply with the area, yard and height regulations of the underlying zoning district.

Commercial and industrial uses, such as but not limited to yard areas, pervious parking and loading areas, pervious airport landing strip provided that such yards are not for on-lot sewage disposal.

Public utility uses, subject to § 32-929 of this chapter.

Accessory uses and structures to the above permitted uses when on the same lot as the permitted use.

Should a dispute arise concerning the boundaries of those areas subject to high water table overlay controls, an initial determination of the boundaries shall be made by the Zoning Officer and/or the Township Engineer utilizing the criteria listed under § 32-504(b) (Designation of High Water Table Areas) of this chapter.

Any person aggrieved by this decision may appeal to the Zoning Hearing Board as specified in this chapter.

The burden of proof shall be on the person appealing the decision of the Zoning Officer and/or the Township Engineer.

If it is determined by the Zoning Hearing Board that the resources which have established the High Water Table Overlay District are inaccurate regarding the land in question, and that the area should not be subject to the high water table controls established under this section, the Zoning Officer and/or the Township Engineer shall be notified in writing that high water table controls will not apply to the land in question and instructed to issue a permit to the applicant.

All boundary changes which are approved shall be made on the map of the areas subject to high water table controls which is prepared by the Board of Supervisors.

The steep slope area shall be an overlay to the existing underlying district as illustrated on the Official Zoning Map. As such, these provisions regulating steep slope management shall be a supplement to the underlying district provisions. Where conflicts arise between provisions or regulations of this chapter, the more restrictive provisions shall apply.

The purpose of establishing provisions for areas which may encounter steep slopes is to protect and prevent areas from increased erosion and runoff; secure environmentally sensitive lands; encourage the utilization of appropriate construction practices; and to minimize hazards to public health.

The Steep Slope Overlay District shall include all areas where the topography exceeds 25% in slope in pre-development conditions. The Township, through the collaboration, implementation and adoption of the Township Comprehensive Plan has conducted a Topographical Analysis of the Township. As part of this Topographical Analysis, a Slope Map was incorporated to illustrate and highlight relative areas with slopes less than 15%; between 15% and 25%; and greater than 25%.

It is the intention of this chapter that in cases where the Steep Slope Overlay District overlaps the Floodplain Overlay District (§ 32-502), the Hydric Soil Overlay District (§ 32-503), and/or the High Water Table Overlay District, the policies, guidelines and standards of the more restrictive district shall preside.

General agricultural uses, subject to § 32-905(a) of this chapter.

Municipal use.

Woodland or hunting preserve, wildlife sanctuary, or other similar use when the uses are conducted in conformance with conservation practices that ensure adequate protection against soil erosion.

Accessory uses to the above permitted uses when on the same lot as the permitted use provided that the accessory use is not constructed on slopes exceeding 25% in grade.

Private and public recreation uses including horse riding trails, hiking trails, boating, fishing, camping, hunting subject to § 32-906 of this chapter. Notwithstanding § 32-906(c) hereof, recreation uses involving permanent structures, impervious cover, or regrading are permitted only when there is no practical alternative, as determined by the Board of Supervisors.

Public utility uses, subject to § 32-929 of this chapter.

Accessory uses to the above permitted uses when on the same lot as the permitted use.

The Zoning Officer will advise the applicant when his property or parcel lies within such a slope designation. The Zoning Officer will not issue a building permit until a plan is submitted indicating, to the satisfaction of the Township Engineer, that all potential problems of steep slopes have been resolved.

Plans shall show existing topography, proposed structure and building locations, streets and driveways location and grade, site drainage, sanitary facilities, grading plan, and re-vegetation or planting plan prepared by a registered architect, engineer, surveyor or landscape architect. Plans shall demonstrate how the construction methods to be utilized will overcome problems associated with stormwater management, erosion and sediment control, wastewater treatment and disposal, water supply, accessibility and structural stability.

Should the area designated as steep slopes be found to be inaccurate, based on a topographical survey prepared by a licensed surveyor or engineer, showing two feet contour intervals, then the zoning requirements for such property shall be deemed to be the regulations of the underlying zoning district in which the property is located.

The Zoning Officer should maintain a map or overlay including areas of steep slopes.

Should a dispute arise concerning the boundaries of those areas subject to slope controls, an initial determination of the boundaries shall be made by the Zoning Officer and/or the Township Engineer utilizing the criteria listed under § 32-505(b) (Designation of Steep Slope Areas) of this chapter.

Any person aggrieved by this decision may appeal to the Zoning Hearing Board as specified in this chapter.

The burden of proof shall be on the person appealing the decision of the Zoning Officer and/or the Township Engineer.

If it is determined by the Zoning Hearing Board that the resources which have established the Steep Slope Overlay District are inaccurate regarding the land in question, and that the area should not be subject to the slope controls established under this section, the Zoning Officer and/or the Township Engineer shall be notified in writing that the slope controls will not apply to the land in question and instructed to issue a permit to the applicant.

All boundary changes which are approved shall be made on the map of the areas subject to slope controls which is prepared by the Board of Supervisors.

The areas subject to wetlands within the Township shall be an overlay to the existing underlying district. As such, these provisions regulating wetlands shall be a supplement to the underlying district provisions. Where conflicts arise between provisions or regulations of this chapter, the more restrictive provisions shall apply.

The purpose of establishing provisions for areas which may encounter wetlands is to promote and protect the general health, welfare and safety of the community; secure environmentally sensitive lands; encourage the utilization of appropriate construction practices; and to minimize hazards to public health.

The U.S. Army Corps of Engineers in conjunction with the United States Environmental Protection Agency have defined the term "wetlands" as follows:

"Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas."

The three major characteristics of wetlands include vegetation, soil and hydrology.

All land designated as "wetlands" within the Township are subject to restrictions and/or permits by the Pennsylvania Department of Environmental Protection and the United States Army Corps of Engineers.

For all subdivision and land development applications, the Township Engineer shall determine whether a wetlands delineation will be required by a qualified professional. Any subdivision or land development on a property with surface water and/or hydric soils shall require a wetlands delineation. Delineated wetlands shall be accompanied by a technical report and data forms.

For all zoning districts, a 10 feet buffer zone shall be applied to all areas delineated as wetlands. Within this 10 feet buffer zone no earth disturbance will be permitted, unless in association with wetlands disturbance activities under permit by the Army Corps of Engineers or Pennsylvania Department of Environmental Protection.

If any provisions specified under this section are in dispute, the applicant shall be responsible for an Army Corps of Engineers and/or Environmental Protection Agency jurisdictional determination. All pertinent costs incurred shall be the responsibility of the applicant and not the Township.

Natural Resource Conservation.

Unimproved Paths and Trails.

Parcels must have a minimum 300 feet of frontage along United States Route 422/Benjamin Franklin Highway.

Parcels must have a minimum gross acreage of 50 acres.

Parcel or collection of parcels must be under a single ownership or condominium or be the subject of an application filed jointly by all Owners subject to agreement that development shall proceed under single direction.

Bank or financial institution.

Business, professional or government office, including medical, dental, paramedical offices and clinics.

Restaurant.

Professional office/research park.

Retail business establishment.

Personal and household service establishment.

Indoor commercial recreation use including, but not limited to, fitness center, indoor sports facility, bowling alley and similar uses.

Movie theater.

Hotel.

Shopping center, mall.

State licensed child or adult day care.

Conference center, convention center.

Drive through services for commercial operation of financial institutions, drug stores, and retail and restaurant uses.

Nursing homes, skilled care residential facilities, assisted living facilities, continuing care retirement communities, hospital surgical center or other similar medical facilities.

Pharmaceutical or other manufacturing of a similar nature.

Flex office and warehouse space.

Residential uses, which shall only include townhouses, single family semi-detached homes and apartment buildings, including age-targeted residential units subject to the limitations herein.

A mixed use building with two or more uses listed within this section.

Any use or accessory use of the same general character as any of the other uses permitted in this district.

For all nonresidential developments the following dimensional standards shall apply:

For all residential uses as defined in Uses Permitted by Right, Subsection (17) above, the following dimensional standards shall apply, including the minimum setback for all buildings or accessory uses from overall external tract property line shall be 40 feet.

Additional standards for residential development as defined in Use Permitted by Right, Subsection (17) above:

For all retail uses, including, but not limited to, indoor recreation uses and movie theaters, five spaces per 1,000 square feet of retail floor area.

For a hotel or motel use, 1.25 spaces per guest room.

For a restaurant not in a hotel or motel, 10 spaces per 1,000 square feet of patron area.

For a conference facility, 20 spaces for each 1,000 square feet of gross floor area.

For a convention facility, 30 spaces for each 100 potential daily attendees based upon permitted building occupancy. In addition, exhibitor spaces shall be provided, separately from attendees, spaces at a ratio of 1.5 spaces per potential exhibitor. At least 1/3 of exhibitor spaces shall be nine feet by 36 feet; a space this size will count as two spaces.

For an office facility, including, but not limited to, banks, financial institutions and medical offices, four spaces for each 1,000 square feet of gross leasable area.

In the case of a unified development with efficiencies derived by shared parking for uses having complementary peak demands, applicant may submit parking generation data based upon the Institute of Transportation Engineers Parking Generation Manual sufficient for the Township to determine if a reduction in parking spaces is appropriate.

In the case of a unified development consisting solely of two or more contiguous uses of the same general classification, where efficiency is effected by joint use of a common parking area, applicant may submit parking generation data based upon the Institute of Transportation Engineers Parking Generation Manual sufficient for the Township to determine if a reduction in parking spaces is appropriate; but in such case, the required number of off-street parking spaces shall not be reduced by more than 25%.

All parking spaces within the Route 422 Overlay District shall be a size of nine feet by 18 feet excepting for a single row of parking spaces for retail uses in Subsection (a) above, that are located immediately adjacent to the front of any retail building or adjacent to the front sidewalk of said building or buildings, shall be increased to 10 feet by 18 feet. These requirements will supersede any other requirement for parking space dimensions within the Code of the Township of Amity.

Other uses shall follow standards outlined in § 32-924(c).

Freestanding signs along Route 422/Benjamin Franklin Highway right-of-way: one for every 300 feet of frontage (or fraction thereof) along the right-of-way with a maximum of two such signs per development. Each sign may have a maximum area of 400 square feet, with a maximum height of 40 feet (measured from the grade at the Route 422/Benjamin Franklin Highway right-of-way line at the point closest to the sign location).

Freestanding signs at vehicular entries and at the intersection of public roads on or off-site serving as an entry to a development: one at each entry or intersection, with a maximum area of 200 square feet per sign and a maximum height of 20 feet.

Freestanding signs for individual buildings within the development separated from other buildings: one per building with a maximum area of 100 square feet per sign, and a maximum height of 20 feet.

Wall signs permitted for each building face a maximum area equal to 25% of the area of the building face; provided, however, that in no case shall the signage on any single building face exceed 300 square feet.

Marquee or canopy signs: maximum of 100 square feet per street frontage; graphic treatment on such signs shall be permitted but not be computed as part of sign area.

For all two-sided signs in the Overlay District the area of the one side only shall be considered for the purpose of computing sign area.

All freestanding signs in the Overlay District shall be monument signs and match building materials.

Master Plan with Phasing. With any development proposal in the Route 422 Overlay District, a Master Plan shall be required to be submitted and reviewed by both the Planning Commission and the Board of Supervisors.

After the submission and approval of the Master Plan, the developer shall submit a preliminary and final plan for approval in accordance with the Subdivision and Land Development Ordinance and the Zoning Ordinance requirements of the Township.

A subdivision or land development plan which has been granted final approval within this Overlay District is considered a flex plan. The location of the buildings, parking and other improvements and/or phasing may change without approval by the Board of Supervisors provided that the modified overall flex plan meets all requirements of this Overlay District and any conditions imposed during the final approval process. All plan revisions are subject to review by Township staff prior to the re-recording of the plan. To the extent the plan shall be re-recorded, it shall be submitted to the Board of Supervisors for approval and signature.

Where the subsequent division of a parcel, or part thereof, into lots is required to facilitate ownership, financing or for phasing purposes, the lots shall be exempt from provisions of the Township Subdivision and Land Development Ordinance and this Overly District with respect to frontage, setback, coverage, area of parcel, open space and fee requirements, provided said requirements are met on the overall flex plan, and further provided that a development in this Overlay Zone provides documentation satisfactory to the Township staff and Township Solicitor assuring the appropriate covenants are recorded against the affected parcels requiring all parcels to be operated and maintained in good order and repair, in a clean and sanitary condition, uniform with the appearance and maintenance of the approved complex and providing appropriate covenants from for driveways, access ways and easements for shared improvement. In the event any provisions of the Route 422 Overlay District conflict with any other provisions of the Amity Township Zoning Ordinance, including those governing use, frontage, setback, coverage, area of tract, open space or similar requirements, the provisions of this Overlay District shall prevail.

Landscaping. Applicant shall comply with all landscaping requirements of the provisions of the Subdivision and Land Development Ordinance.

The project shall be planned and constructed as a unified development, with compatible architectural design for all components. Buildings should be sited in a manner compatible with adjacent building, landscaping and the streetscape. Consideration should be given to size and height relationships with adjacent buildings, working in conjunction with building sizes, architectural design and materials with national or regional marketing concepts of, or for, individual users. Building facades facing streets or on-site parking areas shall be treated consistently within these guidelines.

All signs shall be consistent with the overall design concept for the development and be appropriate to the type of activity to which they pertain.

Architectural Features.

Unless specifically noted otherwise, all sections under Part 9 of this chapter shall apply as supplementary guidelines and specifications for the Route 422 Overlay District.