The purpose of this district is to encourage the innovative design and unified development of planned commerce park areas where multiple yet distinct land uses are combined into a single unified development project and, in particular circumstances, to provide additional options for redevelopment of specified properties previously occupied but now vacant, the redevelopment and revitalization of which as a unified development will advance the public health, safety, and welfare; to encourage a planned arrangement of individually-owned and operated uses within complementary functional categories, including professional and business offices, retail sales and commercial services, lodging, recreation/leisure time, specialized commercial-business, and convenience stores with fuel dispensing facilities; to provide a planned development that serves existing and foreseeable needs of the Township and surrounding service areas; to carefully plan traffic circulation and off-street parking in order to avoid traffic congestion and inadequate parking; and to encourage the planning and utilization of land and the harmonious design, erection and use of buildings in a diversified commerce-business community that will contribute to the economic base of Bensalem Township and otherwise further the purposes of this chapter as set forth in section 232-1.

(Ord. No. 2014-07, § I, 11-3-14)

Any application filed for preliminary PCD-UD plan approval shall include a feasibility and land use market study done by an independent professional consulting firm. The study shall include or be supplemented with documentation indicating the impact of the completed planned commerce park development upon public facilities, utilities, services, roadway systems and existing development.

(Ord. No. 2014-07, § I, 11-3-14)

(a)

A building or buildings shall be erected and used and a lot shall be used and occupied in a PCD-UD district, to insure that uses exist within the following formula:

(1)

No less than 65 percent of the gross useable tract area shall be used for professional and/or business office and/or college and university purposes, and

(2)

No more than 35 percent of the gross usable tract area may be used for one or more of the following ancillary functions:

a.

Retail sales and commercial services, provided however that no pawn shops, check cashing facilities, tattoo parlors, or adult uses shall be permitted.

b.

Lodging

c.

Recreation/leisure time

d.

Specialized commercial - business

Such ancillary functions shall include building coverage, related off-street parking and loading areas and access drives, but excluding existing adjacent street rights-of-way.

(3)

Notwithstanding subsections (1) and (2) above, as part of a unified development, 100 percent of the gross useable tract area may be used for three or more of the following purposes:

a.

Convenience stores with fuel dispensing facilities

b.

Retail sales and commercial services

c.

Lodging

d.

Recreation/leisure time

and provided, all of the following regulations and development standards are met.

A.

Area Regulations:

Unless otherwise specified in this section, the area regulations of section 232-494 of the Zoning Ordinance shall apply.

B.

Development Standards

1.

Location requirements.

a.

This use shall only be permitted on a tract which contains a minimum of 300 feet of frontage on a major arterial road.

b.

This use shall be permitted only on a tract located within 500 feet of an exit ramp from a limited access state highway.

c.

This use shall not be permitted on a tract located within 2,500 feet of another tract containing a unified development permitted under Section 232-493(a)(3).

2.

For a convenience store with fuel dispensing facilities, the following standards apply:

a.

Self-service fueling facilities shall comply with all the requirements of section 232-589(a) of the Zoning Ordinance.

b.

Fueling dispensing pumps shall be mounted on concrete islands and further protected against collision damage by other suitable means. Roofs or canopies may be used for protection of the customers, lighting, and signage.

c.

There shall be no more than eight fueling dispensing islands with no more than 16 fueling dispensing positions permitted.

d.

The distance between the fueling dispensing pumps and the convenience store shall be no less than 15 feet and no more than 110 feet.

e.

As part of the subdivision and/or land development process, the applicant is required to present a plan that demonstrates the methods by which any spills of liquids will be contained and shall also demonstrate that the storm water management system is designed to capture volatile organic compounds, oils and solids. The applicant is required to submit a copy of the maintenance agreement setting forth the terms for the management of the facility.

f.

Notwithstanding any other provision of the Zoning Ordinance, signage for uses proposed as a part of a unified development area shall be limited in accordance with this paragraph. In determining compliance with the permitted sign regulations under this paragraph, signage associated with pre-existing uses within a unified development area shall be excluded from the calculation of permitted signs.

g.

Permitted signs in a unified development under this Section shall include the following:

(i)

One freestanding sign per street frontage for the advertisement of fuel dispensing facilities, containing no more than two sign faces of not more than 100 square feet per sign face and not exceeding 35 feet in height. Changeable text or LED is permitted, but not more than 1 change every 24 hours and limited to the advertisement of fuel prices.

(ii)

One freestanding or monument sign for the advertisement of general retail or other permitted uses containing not more than two sign faces and not more than 180 square feet of total sign area per face and not exceeding 30 feet in height.

(iii)

A wall sign of not more than 55 sq. ft. shall be permitted for each building entry or store front which fronts a parking area within the unified development area. Additional wall signage, not to exceed an aggregate of 165 square feet shall be permitted for each end cap or end unit of a building.

(iv)

Up to eight directional signs of not more than an aggregate of 50 square feet are permitted within the unified development area. No directional sign shall exceed four feet in height. Notwithstanding the foregoing, additional directional signs may be permitted if determined necessary by the Township to safely manage traffic flows within the development.

(v)

Fuel dispensing facilities may include canopy signs, at the height of the canopy, not to exceed an aggregate of 200 square feet of total sign area.

(vi)

Unless otherwise permitted under this paragraph, all signs permitted under this Section shall be directly illuminated.

3.

For a convenience store with fuel dispensing facilities, parking spaces shall be provided at a ratio of one on-site parking stall per every 200 square feet of gross floor area, plus one on-site parking stall per employee, and one parking stall for each fueling position. For all other uses, parking spaces shall be provided in accordance with section 232-586 of the Zoning Ordinance.

4.

The applicant shall incorporate design elements such as buffer plantings, sidewalks, fencing, ornamental plantings, streetlights and other similar features to enhance the aesthetics of the street frontage of the convenience store with fuel dispensing facilities use.

5.

No trash enclosure may be located within any front yard setback area or within 150 linear feet from any principal structure used as a single family dwelling.

6.

When the development of the tract and the uses therein are in accordance with an approved unified development plan, then the separate ownership of or conveyance of a parcel or parcels within the approved plan shall be permitted upon compliance with the following conditions:

a.

Irrevocable perpetual cross-easements are in effect and recorded in favor of and duly binding on all title owners within the area of the approved plan, their successors and assigns, with respect to use, control and maintenance of the common areas including but not limited to access areas, green areas and parking areas. All easements shall be submitted to the Township solicitor for review prior to recording.

b.

The application of zoning requirements including, but not limited to building coverage, impervious coverage, green area, parking, loading, buffers, setbacks and landscaping shall apply to the overall site approved as a unified development plan. Individual lots within the plan or created pursuant to this section need not comply with these zoning requirements.

c.

For purposes of this section, a unified development plan shall be defined as a plan for the development of one or more contiguous tracts of property located within the Planned Commerce Park Unified Development District, regardless of ownership, for one or more uses provided under Section 232-493(a)(3). A unified development plan may be developed on a portion of a Planned Commerce Park District and need not comprise the entire area within a Planned Commerce Park District.

7.

Canopies over pump islands shall be constructed with pitched roofs, and canopy columns shall be faced with brick wainscoting or similar materials up to a height of at least 6 feet. All building facades facing a public right-of-way must include two additional features among this list: windows, pent roofs, offsets, variations in materials, or other architectural amenities designed to enhance the building's appearance.

8.

A decorative pedestrian walkway, consistent with the architectural character and materials of the structures, shall connect the sidewalks with and provide direct access to each building occupied by the principal uses.

(b)

Permitted uses in a PCD-UD district shall be defined as follows:

(1)

Professional and business. Agencies and offices rendering specialized and general services such as accounting, addressing, letter and copy service advertising, bookkeeping, bonding, brokerage, detective, financing, trust and banking, insurance, real estate, travel bureaus, corporate, regional and local administrative offices, and local state and federal administrative government facilities.

A scientific research, testing or experimental laboratory or similar establishment for research or product development, provided there is no commercial production or storage of any hazardous, flammable, or corrosive commodity or substance except for storage necessary for such scientific research.

Professional and consultant services such as engineering, planning, legal, secretarial, financial, architectural, medical and dental.

(2)

College and university. Educational use conducted by colleges and universities, including medical and technological classroom program facilities, excluding any facilities used as dormitories and/or for student or staff housing. Colleges and universities that are exempt from the payment of Township Real Property Taxes and/or Township Business Privilege Taxes are not permitted.

(3)

Retail sales and commercial services. Stores for retail purposes only, provided no goods shall be displayed on the exterior of the premises excluding areas displaying supplies used for landscaping and gardening and all storage shall be within the confines of the building. The maximum area used for displaying supplies for landscaping and gardening shall be limited to ten percent of the square footage of such building. Personal service shops dealing directly with customers such as beauty parlors, barber shops, clothes cleaning or pressing agency, shoe repair shop, dressmaking, millinery, clothing and costume rental, tailor and fur shop, dancing dressmaking, millinery, clothing and costume rental, tailor and fur shop, dancing and musical instruction, providing latter are adequately soundproofed, general sales, serving or repair shop such as jewelry, bicycle, watch or clock, radio, television or home appliance repair. Pawn shops, tattoo parlors, check cashing facilities and adult uses shall be prohibited within the PCD-UD District.

(4)

Lodging. Lodging to include a complete service facility of no less than three stories and a minimum of 100 rooms, including accessory retail, dining, leisure and service facilities incidental to said use.

(5)

Recreation/leisure time uses. Indoor recreation and leisure time uses, unless noted otherwise, including theater for presentation of films or stage performances, permanent sit-down type restaurants, health spas, indoor or outdoor tennis and swim clubs, marinas and boat docking facilities, or any use of the same general character as the above permitted uses, provided that no such use that is noxious or hazardous shall be permitted, and further provided that any such uses that are exempt from the payment of Township Real Property Taxes and/or Township Business Privilege Taxes shall not be permitted.

Drive-in theaters and adult entertainment theaters are not permitted.

Facilities for the docking, loading, unloading, and/or servicing of commercial shipping vehicles or equipment are not permitted.

(6)

Specialized commercial - business. Bakery, pastry, candy, confectionery, ice cream or custom shop making goods only for retail sales on the premises. Telephone and telegraph office, specialty card printing, specialized optical, dental, pharmaceutical, electronic facilities, research and development testing or experimental laboratory and similar establishment for product applications providing that any specialized commercial application shall not be permitted which may violate the performance standards set forth in section 232-494 of this article.

(7)

Convenience store with fuel dispensing facilities. May include, but is not limited to, the sale of the following: coffee, dairy products, delicatessen, dry goods, ice, made to order beverages, food stuffs, grocery items, newspapers, tobacco, lottery sales, motor vehicle fuels, and minor automotive accessories and similar product lines. Food preparation for consumption shall be permitted. The use may provide for indoor automated teller machines and financial services, public restrooms, indoor vending machines, electric vehicle charging stations, and air pumps for the inflation of tires.

(Ord. No. 2014-07, § I, 11-3-14; Ord. No. 2021-04, §§ 31, 32, 8-23-21)

The following regulations apply to section 232-493(a)(1) and (2) uses only. Area regulations for 232-493(a)(3) uses are found in section 232-493(a)(3).A:

(a)

All proposed PCD-UD development shall be constructed in accordance with an overall plan and shall include the planned phasing and schedule of construction. The overall plan shall be designed as a single architectural scheme with appropriate common landscaping, and shall provide, initially, for the construction of a minimum of 12,000 square feet of ground floor area. If the development of the center is to be carried out in progressive stages, each stage shall be planned so that the previous and following requirements and intent of this chapter shall be fully complied with at the completion of any stage.

(b)

No PCD-UD tract shall be less than 20 acres except in accordance with the provisions of section 232-493(a)(3) of this article and no individual lot shall be less than one acre. In all cases a cross-easement agreement shall be recorded with the final plan providing for reciprocal rights for individual lots within a PCD-UD development which shall contain suitable provisions for ingress and egress, utilities, stormwater management, parking and maintenance of common areas. Maximum building area shall not exceed 35 percent of the net lot area. Impervious surface coverage which shall be defined to include the building area, shall not exceed 50 percent of the net lot area.

(c)

Front, side and rear yards shall be provided on each lot as follows:

(1)

One front yard not less than 100 feet in depth, except that single story structures may be constructed no less than 75 feet from the street lines.

(2)

Two side yards not less than 75 feet in width provided that in the case of a corner lot, the yard abutting any street shall not be less than 100 feet in width or depth. This requirement shall not prevent the erection of a series or row of attached buildings, provided that the series or row meets side yard requirements if treated as a single unit.

(3)

One rear yard not less than 100 feet in depth. There shall be a landscaped area of at least 20 feet in width between any rear lot line and any off-street parking area or access drive.

(d)

Lot width: Each lot shall have a width of not less than 400 feet.

(e)

There shall be adequate means of fire protection such as, but not limited to, fire lanes of acceptable surface and width, hydrants, fire department connections or any other method or combination approved by the Bensalem Township Fire Marshal.

(f)

Spacing of structures on the same lot: Any building shall be located at least 50 feet from any other building on the same lot, unless such buildings are attached by a common roof structure.

(g)

Vehicular access points and road frontage improvements; vehicular access points to the development and any road frontage improvements including widening and directional turning lanes shall be an integral part of the development.

(h)

No sign on the structure shall be erected unless it fully complies with the requirements of article XIV of this chapter and unless all signs conform to an overall coordinated design scheme which shall be subject to approval or disapproval by the Bensalem Township Council.

(i)

The district shall be serviced by public water and sewer, or by sewage disposal and water facilities, certified as adequate by the appropriate governmental health agency.

(Ord. No. 2014-07, § I, 11-3-14)

To provide for reasonable expansion of a PCD-UD district, the Bensalem Township Council shall have the authority to approve or disapprove the inclusion of adjacent land areas bounding a PCD-UD district. Such inclusions shall be deemed to constitute a rezoning of the adjacent land and shall be subject to any procedures applicable to a rezoning amendment. The minimum requirements in this section shall be used by the Board to make a decision on every request to expand a PCD-UD district. Documented evidence shall be submitted for every PCD-UD district. An expansion request in the form of a feasibility and land use market study as outlined in section 232-492, justifying the need and impact of the proposed expansion plan shall also be submitted. A site plan shall also be submitted with the market study to indicate how the proposed expansion will be integrated with the existing PCD-UD district. An expansion proposal shall be reviewed upon its own merits without limit to the area of expansion proposed. The newly created tract shall comply with all provisions of section 232-493.

(Ord. No. 2014-07, § I, 11-3-14)

No structure shall be any higher than six habitable stories, nor any hotel or motel less than three habitable stories in height, exclusive of basement, parking stories, roof mounted mechanical systems and telecommunications equipment. In addition to those items set forth in section 105 pertaining to the height of structure or building. In no event shall the height of such telecommunications equipment exceed the limits set forth in section 232-598(d)(2) of this chapter.

(Ord. No. 2014-07, § I, 11-3-14)

After the final development plan has been approved and when, in the course of carrying out this plan, adjustments or rearrangements of buildings, parking areas, entrances, heights or yards are requested by the developer, and such requests conforms to the standards established by the approved final development plan for the area to be covered by buildings, parking spaces, entrances, heights, functions, setbacks and lot area requirements, such adjustments may be approved by the Township Council upon application.

(Ord. No. 2014-07, § I, 11-3-14)

Buffer yards shall be provided where a building is erected or used in a PCD-UD district in accordance with article XIII, subsection 232-592(8) of this Code.

(Ord. No. 2014-07, § I, 11-3-14)

Fire lanes shall be provided and marked in accordance with Bensalem Township Fire Prevention Ordinance No. 93-15.

(Ord. No. 2014-07, § I, 11-3-14)

When the total area of any tract being developed in accordance with an overall plan for a planned commerce unit development contains a minimum of 100 acres, the following modifications to the PCD-UD district area regulations may be applied:

(1)

Maximum building area as defined in section 232-6 shall not exceed 35 percent as set forth in section 232-494(b). However, parking garages or structures shall not be included in this calculation but may not exceed an additional 25 percent of the net lot area.

(2)

Impervious surface coverage shall not exceed 75 percent of the net lot area.

(3)

Height shall not exceed 15 habitable stories and parking garage/structures shall not exceed six stories in height.

(4)

Minimum overall tract width at the legal right-of-way shall be 1,000 feet.

(5)

Off street parking for all permitted uses shall be based on five per 1,000 square feet of gross leasable area.

(6)

Individual lots or parcels which are created for the purpose of establishing separate ownership shall not be required to meet the yard and lot width requirements of section 232-494(c) and 232-494(d) provided such requirements have been met for the overall tract being developed.

(7)

All other requirements set forth in section 232-491 through 232-498 shall remain applicable.

(Ord. No. 2014-07, § I, 11-3-14)