Cecil Township City Zoning Code
ARTICLE VI
Zoning Districts
§ 240-22 Statement of intent, residential districts.
In addition to the general goals referenced in Article I of this chapter and in the Land Use Plan Goals and Objectives of the Comprehensive Plan, the districts established in this chapter are intended to achieve the following:
A.
To provide sufficient space, appropriately located for residential development, to meet the housing needs of the present and expected future population of the Township within the range of house types and densities anticipated;
B.
To assure light, air and privacy by controlling the spacing and height of buildings and other structures;
C.
To protect residential areas against hazards of fire, offensive noise, vibration, smoke, odors, glare and other objectionable influences;
D.
To prevent congestion by regulating the density of population and the bulk of buildings and by providing for sufficient off-street parking;
E.
To protect residential neighborhoods from heavy or through traffic;
F.
To make possible provisions of those public and private educational, recreational, health and similar facilities serving the needs of nearby residents which perform most effectively in a residential environment and do not create objectionable influences;
G.
To perpetuate the distinctive identity and character of the village environment in the town centers;
H.
To provide for future mobile homes in appropriately located, well-designed parks; to permit limited public and quasi-public uses appropriate for residential neighborhoods; to meet minimum standards of health and safety by protecting against hazards and nuisances; to provide for adequate open space and recreational opportunity; and to provide for low- and moderate-income housing;
I.
To promote the most desirable use of land and direction of building development in accordance with a well-considered subdivision plan; to promote stable residential development; to protect the character of any district and its peculiar suitability for particular uses; to conserve the value of land and buildings; and to protect the Township tax revenues.
§ 240-23 R-1 Low Density Residential District.
[Amended 6-6-2016 by Ord. No. 3-2016; 3-3-2025 by Ord. No. 4-2025]
A.
B.
Conditional uses. The following conditional uses shall be approved by the Board of Township Supervisors upon meeting the listed express standards and criteria and any other conditions deemed necessary by the Township Supervisors following the conditional use hearing.
(1)
Personal-care boarding homes.
(a)
The minimum lot size required shall be 21,780 square feet (1/2 acre).
(b)
The site shall have direct access to a street classified in the Comprehensive Plan as arterial or collector.
(c)
The site shall be serviced by public water and public sewer.
(d)
The facility shall be licensed by the commonwealth, and twenty-four-hour supervision shall be provided by staff qualified by the sponsoring agency.
(e)
Adequate provision shall be made for access by emergency, medical and fire vehicles, as determined through site plan review and after receipt of written recommendation from the Fire Chief of jurisdiction.
(f)
Adequate open space opportunities shall be provided for recreation consistent with the needs of the residents, and the area shall be secured by a fence with a self-latching gate.
(g)
Where applicable, licensing or certification by the sponsoring agency shall be prerequisite to obtaining an occupancy permit, and a copy of the annual report with evidence of continuing certification shall be submitted to the Zoning Officer in January of each year.
(2)
Day-care center.
(a)
The minimum lot size required shall be 43,560 square feet (one acre).
(b)
The site shall be serviced by public water and public sewer.
(c)
The facility shall be licensed by the commonwealth.
(d)
Safe access and areas for discharging and picking up children shall be provided, as approved through site plan review.
(e)
Outdoor play areas shall be provided and shall be secured by a fence with self-latching gates. Fence must be a minimum of 36 inches high and shall be attached to the building at two points.
(f)
The general safety of the site proposed for the day-care center shall be evaluated as it relates to the needs of small children.
(3)
(4)
Primary and secondary schools.
(a)
No structure shall be located within 100 feet of any structure on another lot.
(c)
No off-street parking area, including drives, shall be located closer than 10 feet to any lot line. Off-street parking areas shall include both interior and perimeter landscaping as required in § 240-84 of this chapter.
(d)
A lighting plan shall be approved as part of site plan approval. Such lighting shall not infringe upon other properties, pursuant to § 240-94 of this chapter.
(e)
Noise shall not infringe upon other properties.
C.
Special exceptions. The following uses by special exception shall be permitted by the Zoning Hearing Board in accordance with the procedure specified in § 240-14B and the respective express standards and criteria below.
(1)
Home occupation.
(a)
No more than one employee, other than members of the family residing in the dwelling, shall be permitted.
(b)
There shall be no display or sign other than a single nameplate not exceeding one square foot in area.
(c)
No retail sales are permitted.
(d)
No activity associated with a home occupation shall be conducted in an accessory structure.
(e)
No accessory structure shall be erected or brought to the site to accommodate or otherwise augment a home occupation business.
(f)
There shall be no storage of materials or equipment outside an enclosed building.
(g)
There shall be no use of materials or equipment that are not normally used on single-family residential property.
(h)
There shall be no external construction features that are not customary to single-family residential dwellings. An existing separate entrance may be used for the conduct of the home occupation, but no additional and separate entrance shall be constructed for the purpose of conducting the home occupation.
(i)
The use shall not create additional environmental impact other than those impacts normally resulting from single-family residential use.
(j)
Adequate areas for off-street parking shall be provided.
(k)
There shall be no exterior display of merchandise available for sale on the premises.
(l)
No more than 15% of the floor area of the dwelling shall be devoted to the conduct of a home occupation.
(2)
Day-care home.
(a)
The minimum lot size required shall be one acre.
(b)
Public water and public sewer shall not be required if a private water source is available, provided the quantity and quality of water is approved by an inspector certified by the Department of Environmental Protection and a septic system or its equivalent is approved by the Sewage Enforcement Officer.
(c)
The facility shall be licensed by the commonwealth.
(d)
Safe access and areas for discharging and picking up children shall be provided, as approved through site plan review.
(e)
Outdoor play areas shall be provided and shall be secured by a fence with self-latching gates.
(f)
The general safety of the site proposed for the day-care center shall be evaluated as it relates to the needs of small children.
(g)
Play areas shall be screened from adjoining residential properties by a buffer area as defined by § 240-85 of this chapter.
(i)
No more than one employee, other than members of the family residing in the dwelling, shall be permitted.
(j)
There shall be no exterior display or sign other than a single nameplate not exceeding one square foot in area.
(k)
No activity associated with a day-care home shall be conducted in an accessory structure.
(l)
There shall be no storage of materials or equipment outside an enclosed building.
(m)
There shall be no use of materials or equipment not normally used on single-family residential property.
(n)
There shall be no external construction features not customary to single-family residential dwellings. An existing separate entrance may be used for the conduct of the day-care home activities, but no additional and separate entrance shall be constructed for the purpose of conducting the day-care home activities.
(o)
The use shall not create additional environmental impact other than those impacts normally resulting from single-family residential use.
(3)
Kennel.
(a)
Kennels in residential districts shall be permitted only when accessory to a farm as defined by this chapter.
(c)
Outdoor runs and similar facilities shall be constructed for easy cleaning, shall be adequately secured by a fence with a self-latching gate, and shall be screened along all sides facing adjoining properties by a buffer area, as defined by this chapter, which is at least six feet in depth and height. The kennel and run facilities shall be constructed closer to the primary structure on the lot on which such structure is erected than to the nearest primary structure on the adjacent lots.
(d)
The use shall not create any adverse odor or noise that negatively impacts on the neighboring properties.
§ 240-24 R-2 Medium Density Residential District.
A.
B.
Conditional uses. The following conditional uses shall be approved by the Board of Township Supervisors upon meeting the listed express standards and criteria:
(1)
Day-care center, subject to the same standards and criteria set forth in § 240-23B(2) of this article, and the same are incorporated herein by reference as fully as though set forth at length.
(2)
Houses of worship, subject to the same standards and criteria set forth in § 240-23B(3) of this article, and the same are incorporated herein by reference as fully as though set forth at length.
(3)
Community residential home:
(a)
The minimum lot size shall be 1/2 acre.
(b)
The minimum lot width shall be 125 feet.
(c)
The lot shall be serviced by a public water supply system.
(d)
A landscape buffer 15 feet in width shall be provided if the use abuts an R-1 District or single-family or two-family use. The buffer shall consist of a tree screen, consisting of 30% deciduous and 70% evergreen trees, with individual trees to be at least six feet in height at planting and spaced no more than 15 feet apart. In addition, a shrubbery row of a nondeciduous species shall be planted, with individual shrubs to be at least two feet in height at planting and spaced no more than five feet apart.
(e)
All community residential structures shall be sprinklered with an approved sprinkler system through the main exit hallway, plus any additional or increased safety requirements mandated by the regulatory agency. All such structures shall have a smoke detection system wired or connected to a central alarm system and be automatically activated.
(f)
The applicant shall annually file with the Township the name and office number of at least one person designated by the applicant as the community representative for the facility.
C.
Special exceptions. The following uses by special exception shall be permitted by the Zoning Hearing Board in accordance with the procedure specified in§ 240-14B and the respective express standards and criteria:
(1)
Home occupations, subject to the same standards and criteria set forth in § 240-23C(1) of this article, and the same are incorporated herein by reference as fully as though set forth at length.
(2)
Day-care homes, subject to the same standards and criteria set forth in § 240-23C(2) of this article, and the same are incorporated herein by reference as fully as though set forth at length.
§ 240-25 R-3 Village Residential District.
A.
B.
Conditional uses. The following conditional uses shall be approved by the Board of Township Supervisors upon meeting the listed express standards and criteria:
(1)
Day-care center, subject to the same standards and criteria set forth in § 240-23B(2) of this article, and the same are incorporated herein by reference as fully as though set forth at length.
(2)
Houses of worship, subject to the same standards and criteria set forth in § 240-23B(3) of this article, and the same are incorporated herein by reference as fully as though set forth at length.
C.
Special exceptions. The following uses by special exception shall be permitted by the Zoning Hearing Board in accordance with the procedure specified in § 240-14B and the respective express standards and criteria:
(1)
Home occupations, subject to the same standards and criteria set forth in § 240-23C(1) of this article, and the same are incorporated herein by reference as fully as though set forth at length.
(2)
Day-care homes, subject to the same standards and criteria set forth in § 240-23C(2) of this article, and the same are incorporated herein by reference as fully as though set forth at length.
D.
Area and bulk regulations.
(2)
Minimum lot width at front-yard setback: 75 feet.
(3)
Minimum front-yard setback:
(a)
Undeveloped area [vacant parcels capable of being subdivided into two or more parcels or lots which are capable of meeting the minimum area and bulk regulations of R-3 above. Excludes individual lots of record in a previously recorded plan (prior to November 1999).]: 25 feet.
(b)
Developed area (fully built-out villages.): Average of the setbacks of the adjacent existing buildings on both sides of a proposed new building or addition.
(6)
Maximum building height: 2 1/2 stories or 35 feet.
(7)
Maximum lot coverage: average coverage of adjacent three buildings on both sides of a proposed new building or addition (includes accessory buildings).
§ 240-26 R-4 Mobile Home Park Residential District.
A.
Uses by right. The following uses are classified as uses by right in this district. Land may be used and buildings and structures may be erected, altered or used by right for the following purposes and no other:
B.
Special exception. The following use by special exception shall be permitted by the Zoning Hearing Board in accordance with the procedure specified in § 240-14B and the respective express standards and criteria:
(1)
Home occupation, subject to the same standards and criteria set forth in § 240-23C(1) of this article, and the same are incorporated herein by reference as fully as though set forth at length.
§ 240-27 Statement of intent, commercial districts.
In addition to the general goals listed in Article I of this chapter and in the Land Use Plan Goals and Objectives of the Comprehensive Plan, the creation of districts established in this article is intended to achieve the following:
A.
To provide sufficient space in appropriate locations for the types of commercial and service establishments anticipated in the Comprehensive Plan.
B.
To provide appropriate space for the requirements of present-day merchandising establishments, along with associated parking and vehicular and pedestrian circulation areas.
C.
To promote the most desirable use of land and pattern of building development; to promote stable commercial development; to strengthen the economic base of the Township; to protect the character of the commercial areas and nearby districts; to preserve the value of land and buildings; and to promote municipal tax revenues.
D.
To provide a procedure whereby plans for new buildings or enlargements, renovations or remodeling of existing buildings are submitted to the Township Planning Commission or Township Department of Planning for review and approval.
E.
To provide a means whereby the Township may, from time to time, designate certain areas for specific commercial uses according to current commercial needs.
§ 240-28 C-1 General Commercial District.
A.
Specific intent. It is the purpose of this district to encourage the establishment of general business uses to meet the needs of regional and/or local market areas; to provide opportunities for general commercial development on larger sites in locations on arterial or collector roads which can accommodate the traffic impacts of more intense development. It is also the intent to allow planned shopping centers where unified site development is possible to control access and minimize impacts on adjacent uses.
B.
Uses by right.
Farm, subject to § 240-53, Agricultural regulations | |
Home occupation in dwelling | |
Home office | |
Apparel and clothing accessories store | |
Furniture, home furnishings, hardware, and household appliance store | |
Food store, including supermarket and bakery, where food products are to be sold only at retail on the premises | |
Eating establishment, including restaurant, lunch counter, and delicatessen | |
Convenience store | |
Pharmacy | |
Gift shop, including camera, book, stationery, antique, musical supplies, cosmetics, candy, tobacco, flower, hobby, jewelry, leather and luggage shop | |
General retail merchandise store | |
Greenhouse (commercial) | |
Business and professional office | |
Business service | |
Personal service | |
Essential service | |
Public building | |
Club, lodge, or fraternal organization | |
Coin-operated laundry | |
Garden nursery | |
Indoor and outdoor recreational facility | |
Indoor theater | |
Studios for the instruction of art, music, dance, martial arts, crafts | |
Photography studio | |
Funeral home | |
Library | |
Museum | |
Motel or hotel | |
New and used vehicle sales, rental, and service | |
Car wash | |
Automobile and gasoline service station | |
Automotive repair garage | |
Tavern | |
Veterinary clinic | |
Educational institution | |
Accessory uses | |
Single family* and multifamily dwellings*, on parcels or tracts of land capable of further sub-division where each newly created lot or parcel will meet the minimum Area and Bulk Regulations of the R-2 District. | |
Single-family* and multifamily dwellings* on individual lots of record created prior to November 1999. [Single-family and multifamily dwellings proposed on individual lots of record created prior to November 1999 and where such lot abuts commercial uses on two or more sides shall be addressed as a conditional use in Subsection C(5) below.] | |
Distributed antenna systems (DAS) and data collection units (DCU) in the public right-of-way, subject to the express standards and criteria set forth in § 240-59.1 of this chapter. [Added 6-6-2016 by Ord. No. 3-2016] |
* | New residential construction or residential development in an existing commercial district will not subject any existing or future commercial establishment or existing commercial lot of record to any additional landscaping requirements beyond that which would be required if the new adjacent use was commercial. |
C.
Conditional uses.
(1)
Day-care center, subject to the same standards and criteria set forth in § 240-23B(2) of this article, and the same are incorporated herein by reference as fully as though set forth at length.
(2)
Personal-care boarding homes, subject to the same standards and criteria set forth in § 240-23B(1) of this article, and the same are incorporated herein by reference as fully as though set forth at length.
(3)
Nursing home or hospital.
(a)
The minimum site required for a nursing home shall be two acres; the minimum site required for a hospital shall be five acres.
(b)
The site shall have direct access to a street classified in the Comprehensive Plan as an arterial or collector.
(c)
The site shall be serviced by public water and public sewers.
(d)
The facility shall be licensed by the commonwealth.
(e)
Outdoor lighting shall be shielded away from adjacent lots.
(f)
Ingress, egress, internal traffic circulation, and parking shall meet the requirements of Article IX.
(g)
Adequate open space shall be provided for outdoor activity consistent with the needs of the patients or residents.
(4)
Planned shopping center.
(a)
The minimum site required for a planned shopping center shall be five acres.
(b)
The site shall have frontage on and direct vehicular access to a street classified in the Township Comprehensive Plan as an arterial or collector.
(c)
Only the uses permitted by right or authorized as conditional uses or uses by special exception in the district in which the planned shopping center is located shall be permitted in the planned shopping center.
(d)
Once the improvements are completed in an approved planned shopping center, lots within an approved and recorded planned shopping center may be sold and developed as independent entities for any use authorized in the district.
(e)
All property lines around the perimeter of a planned shopping center which adjoin a residential zoning classification or residential use shall be screened by a buffer area required by § 240-85 of this chapter.
(f)
The site plan shall be designed to minimize points of access to the public street. Shared driveways shall be utilized where feasible and cross-easements dedicated for common areas where necessary.
(g)
The site shall be planned as a unit, and uniform signage, landscaping and parking and loading areas shall be proposed to promote efficiency and preserve a common design theme.
(5)
Construction of new single-family and multifamily dwellings on individual parcels or lots of record created prior to November 1999 and where such lot abuts commercial uses on two or more sides:
(a)
The lot coverage, setbacks and building height requirements for construction of residential structures proposed in the commercial districts under this category shall generally be the same as the requirements for the same type of dwelling in the R-2 Residential District, but shall be specifically defined on a case-by-case basis through the conditional use procedure. Standards may increase significantly to assure safeguards and to protect the general welfare of the subject property and the neighborhood.
(b)
New residential construction in an existing commercial district will not subject any existing or future commercial enterprise to additional or increased landscaping buffers or barriers beyond the requirements previously approved for that business.
(6)
Parking garage.
(a)
Parking garages, whether principal or accessory uses, shall be treated as structures and shall be subject to all requirements thereof.
(b)
A one-story shelter or guard building may be provided, which shall not exceed 100 square feet in area.
(c)
Parking structures shall provide, along any street frontage, pedestrian-related amenities such as sitting areas, planters and visually interesting wall surfaces at the street level. Such amenities shall be evaluated through site plan review.
(d)
The maximum grade of parking floors shall be 6%; the maximum grade of covered ramps shall be 15%; the maximum grade of uncovered ramps shall be 12%.
(e)
Design specifications for ingress/egress drives, access aisles and parking spaces shall be the same as for a typical surface parking lot.
(f)
Multilevel facilities shall provide one elevator for every 250 parking spaces.
(g)
A landscaping plan and location and number of ingress/egress points shall be subject to approval of the Board of Supervisors.
(9)
Communications facilities, subject to the express standards and criteria stated § 240-55 of this chapter.
(10)
Self-storage facility.
(a)
The site shall have direct access to an arterial or collector street as classified in the Comprehensive Plan.
(b)
All one-way driveways within the site shall have a minimum of one ten-foot-wide parking lane plus one fifteen-foot-wide travel lane. The parking lane shall not be required where the driveway does not serve the storage units.
(c)
All two-way driveways within the site shall have a minimum of one ten-foot-wide parking lane plus two twelve-foot-wide travel lanes. The parking lane shall not be required where the driveway does not serve storage units.
(d)
All driveways shall be paved with hot-mix asphalt or concrete and be designed to support expected loads.
(e)
The perimeter of a site containing more than 12 units shall be fenced with a minimum eight-foot fence with self-latching gate.
(f)
All property lines which adjoin residential use or zoning classification shall be screened by a buffer area required by § 240-85 of this chapter.
(g)
The minimum distance between storage buildings shall be 20 feet.
(h)
The maximum length of a storage building shall be 200 feet.
(i)
The maximum building height shall be 20 feet.
(j)
No storage shall be permitted outside an enclosed building, except for boats, campers, RVs and trailers. These items are permitted for outside storage so long as they are in a segregated secured fenced-in area. The fence shall be eight feet in height and screened with decorative landscaping.
(k)
Storage units shall not be equipped with water or sanitary sewers.
(l)
No business activity, other than rental of storage units, shall be conducted within the site of a storage facility.
(m)
No hazardous materials or substances shall be stored in the storage buildings.
(n)
Adequate fire protection shall be provided, subject to Fire Department review.
(o)
Operations shall be designed and maintained so that nuisances such as visual blight, glare, noise, blowing debris, and dust shall not be created.
(p)
The site may include a dwelling unit for a resident manager or watchman.
(q)
No signs shall be placed on the storage buildings or their rooftops.
(11)
Kennel.
(a)
Outdoor kennel as an accessory use to a veterinary clinic is subject to the conditions of § 240-23C(3)(b), (c) and (d) above.
(12)
Community residential facility.
(a)
The minimum lot size shall be one acre.
(b)
The minimum lot width shall be 150 feet.
(c)
The lot shall be serviced by a public water supply system and a public sewer system.
(d)
A landscape buffer 15 feet in width shall be provided if the use abuts an R-1 District or single-family or two-family use. The buffer shall consist of a tree screen, consisting of 30% deciduous and 70% evergreen trees, with individual trees to be at least six feet in height at planting and spaced no more than 15 feet apart. In addition, a shrubbery row of a nondeciduous species shall be planted, with individual shrubs to be at least two feet in height at planting and spaced no more than five feet apart.
(e)
All community residential facilities shall be sprinklered with an approved sprinkler system through the main exit hallway, plus any additional or increased safety requirements mandated by the regulating agency. All such structures shall have a smoke detection system wired or connected to a central alarm system and be automatically activated.
(f)
The applicant shall annually file with the Township the name and office number of at least one person designated by the applicant as the community representative for the facility.
(13)
Warehouse, indoor.
[Added 10-2-2023 by Ord. No. 4-2023]
(a)
Storage of any material shall only be permitted within the warehouse structure. Storage of material outside of the structure is prohibited.
(b)
All property lines which adjoin residential use or zoning classification shall be screened by a buffer area required by § 240-85 of this chapter.
(c)
No hazardous materials or substances shall be stored within the warehouse.
(d)
Operations shall be designed and maintained so that nuisances such as visual blight, glare, noise, blowing debris and dust shall not be created.
(e)
No shipping or receiving shall be permitted within 300 feet of any property in a residential zoning district between the hours of 7:00 p.m. to 7:00 a.m.
(f)
Any indoor warehouse shall be located on and have direct access to a state road.
D.
Special exceptions. Comparable uses which are not specifically listed.
(1)
Uses of the same general character as any use listed as permitted by right or listed as a conditional use in the C-1 District shall be allowed after determination of the Zoning Hearing Board that the impact of the proposed use on the environment and adjacent properties and streets is equal to or less than any use specifically listed in the district. In making such determination, the Board shall consider the following characteristics of the proposed use:
(2)
The proposed use shall comply with all applicable area and bulk regulations of the zoning district in which it is located.
(3)
The proposed use shall comply with any applicable express standards and criteria specified in this chapter for the most nearly comparable conditional use or use by special exception specifically listed in the zoning district in which it is proposed.
(4)
The proposed use shall be consistent with the statement of intent for the zoning district in which it is proposed and shall be consistent with the Land Use Plan Goals and Objectives of the Comprehensive Plan.
E.
Area and bulk regulations.*
(2)
Minimum lot width at front-yard setback: 100 feet.
(3)
Minimum front-yard setback: 45 feet.
(6)
Maximum building height: five stories or 65 feet.
(7)
Maximum building coverage: see maximum impervious surface coverage.
(8)
Maximum impervious surface coverage - includes building, parking, sidewalks: 70%.
* | Use by right - single-family and multifamily: | ||
• | Where subject lot of record existed in a residential zoning classification prior to November 1999, apply area and bulk regulations applicable for the zoning district that existed immediately prior to the change to the current commercial zoning classification. | ||
• | Where subject lot is newly created through subdivision from a larger parcel, apply area and bulk regulations of R-2 District. | ||
• | Where there exists an uncompleted subdivision or development that now falls into a different zoning district, that subdivision or development may continue to completion under the area and bulk regulations applicable for the zoning district that existed immediately prior to the change to the current zoning classification. | ||
Conditional use - single-family and multifamily: | |||
• | See § 240-28C(5) | ||
§ 240-29 C-2 Convenience Commercial District.
A.
Specific intent. It is the purpose of this district to provide opportunities for local shopping and services to meet the needs of the residents of the Township on vacant sites at major intersections that are convenient to residential areas.
B.
Uses by right.
(2)
Home occupation in dwelling.
(3)
Home office.
(4)
Townhouse and garden apartment.
(5)
Studios for the instruction of art, music, dance, martial arts, crafts.
(6)
Photography studio.
(7)
Bakery.
(8)
Bicycle shop.
(9)
Book or stationery store.
(10)
Card and gift shop.
(11)
Candy or ice cream shop.
(12)
Catering service, excluding rental hall.
(13)
Coin-operated laundry.
(14)
Convenience store.
(15)
Craft or hobby shop.
(16)
Day-care center.
(17)
Dry cleaning store.
(18)
Financial institutions.
(19)
Florist, excluding greenhouse.
(20)
Newsstand.
(21)
Personal services (barber, beautician, tailor).
(22)
Pharmacy.
(23)
Business and professional offices.
(24)
Eating establishments, including restaurants, lunch counter, and delicatessen.
(25)
Specialty food store (excludes supermarket).
(26)
Sporting goods store.
(27)
Video rental.
(28)
Essential services.
C.
Conditional uses.
(1)
Car wash facilities. An automobile car wash facility does not include an incidental washing facility in an automobile service station.
(a)
Vehicle accommodation for an automatic car wash shall consist of seven stacking spaces per wash unit, plus one drying space, plus one parking space per employee; a self-service car wash shall provide three stacking spaces per wash unit plus two drying spaces per unit, plus one parking space per employee. A washing stall does not count as a stacking space.
(b)
Separated means of ingress and egress from the site shall be established and clearly marked. Traffic studies and associated improvements may be required by the Township as conditions of approval.
(2)
Automobile gasoline and service station.
(a)
The dominant use shall be for the purpose of selling gasoline, oil and emergency accessories, conducting operations as allowed by the definition of "automobile gasoline and service station," and shall exclude vehicle sales and rentals, outdoor storage of disabled vehicles for repair parts, and any other outdoor storage.
(b)
The use shall not be permitted closer than 200 feet to the property line of any tract that is either used or intended to be used for a public or quasi-public building or use.
(c)
All repair work, dismantling, and washing and waxing shall be conducted in an enclosed building.
(d)
No vehicle that fits the definition of "junked vehicle" or "abandoned vehicle," as defined by the Township Code, shall be parked outside the building.
(e)
Any business engaged in towing service shall dispose of any vehicles that fit the definition of "junked vehicle" or "abandoned vehicle," as defined by the Township Code, within 48 hours, unless they are stored inside a building.
(f)
No aboveground equipment for the service of motor vehicles, including gasoline pumps, shall be located closer than 30 feet to any property line.
(g)
No permanent stand, rack or other apparatus may be placed so as to project beyond any building line.
(3)
Veterinary clinic.
(a)
All operations shall be conducted within completely enclosed buildings located no closer than 100 feet to the property line of a residential use or zoning district.
(b)
A single, attached dwelling unit may be located on the same property as the clinic for the exclusive use of the attendant veterinarian or assistant.
(4)
Construction of new single-family and multifamily dwellings.
(a)
See conditional uses, C-1 District, § 240-28C(5)(a).
D.
Special exceptions. Comparable uses which are not specifically listed.
(1)
Uses of the same general character as any use listed as permitted by right or listed as a conditional use in the C-2 District shall be allowed after determination of the Zoning Hearing Board that the impact of the proposed use on the environment and adjacent properties and streets is equal to or less than any use specifically listed in the district. In making such determination, the Board shall consider the following characteristics of the proposed use:
(2)
The proposed use shall comply with all applicable area and bulk regulations of the zoning district in which it is located.
(3)
The proposed use shall comply with any applicable express standards and criteria specified in this chapter for the most nearly comparable conditional use or use by special exception specifically listed in the zoning district in which it is proposed.
(4)
The proposed use shall be consistent with the statement of intent for the zoning district in which it is proposed and shall be consistent with the Land Use Plan Goals and Objectives of the Comprehensive Plan.
E.
Area and bulk regulations.
(2)
Minimum lot width at front-yard setback: 90 feet.
(3)
Minimum front-yard setback: 30 feet.
(6)
Maximum building height: three stories or 40 feet.
(7)
Maximum building coverage: see maximum impervious surface coverage.
(8)
Maximum impervious surface coverage - includes building, parking and sidewalks: 70%.
§ 240-30 C-3, Village Commercial District.
A.
Uses by right.
(2)
Home occupation in dwelling.
(3)
Home office.
(4)
Single-family dwelling.
(5)
Two-family dwelling.
(6)
Townhouse and garden apartment.
(7)
Art, music, or photography studio.
(8)
Bakery.
(9)
Bicycle shop.
(10)
Book or stationery store.
(11)
Card and gift shop.
(12)
Candy or ice cream shop.
(13)
Catering service.
(14)
Coin-operated laundry.
(15)
Convenience store (not exceeding 3,500 square feet).
(16)
Craft or hobby shop.
(17)
Day-care center.
(18)
Dry cleaning store.
(19)
Financial institutions.
(20)
Florist, excluding greenhouse.
(21)
Newsstand.
(22)
Personal services (barber, beautician, tailor).
(23)
Pharmacy (not exceeding 3,500 square feet).
(24)
Business and professional offices.
(25)
Eating establishment, including restaurant, lunch counter, and delicatessen.
(26)
Specialty food store (excludes supermarket).
(27)
Sporting goods store.
(28)
Video rental.
(29)
Community center.
(30)
Club, lodge, or fraternal organization.
(31)
Fire station, including social hall.
(32)
Funeral home, not including crematorium.
(33)
Post office.
(34)
Tavern.
(35)
Essential services.
B.
Conditional uses.
(1)
Car wash facilities. An automobile car wash facility does not include an incidental one-bay washing facility in an automobile service station. As specified in § 240-29C(1) of this article.
(2)
Automobile gasoline and service station. As specified in § 240-29C(2) of this article.
(3)
Houses of worship. As specified in § 240-23B(3) of this article.
(4)
Community residential home. As specified in § 240-24B(3) of this article, except minimum lot size shall be 1/2 acre and minimum lot frontage shall be 100 feet.
C.
Special exceptions.
(1)
Comparable uses not specifically listed.
(a)
Uses of the same general character as any use listed as permitted by right or listed as a conditional use in the C-3 District shall be allowed after determination of the Zoning Hearing Board that the impact of the proposed use on the environment and adjacent properties and streets is equal to or less than any use specifically listed in the district. In making such determination, the Board shall consider the following characteristics of the proposed use:
(b)
The proposed use shall comply with all applicable area and bulk regulations of the zoning district in which it is located.
(c)
The proposed use shall comply with any applicable express standards and criteria specified in this chapter for the most nearly comparable conditional use or use by special exception specifically listed in the zoning district in which it is proposed.
(d)
The proposed use shall be consistent with the statement of intent for the zoning district in which it is proposed and shall be consistent with the Land Use Plan Goals and Objectives of the Comprehensive Plan.
(2)
Apartment above business.
(a)
Dwelling units shall not be permitted on the street floor of a mixed-use building.
(b)
Mixed commercial and residential uses shall not be permitted on the same floor of a building.
(d)
In addition to the area required for parking, there shall be a minimum of 500 square feet of usable yard area per dwelling unit for outdoor activities of the residents.
(3)
Automotive repair garage.
(a)
The use shall not be permitted closer than 200 feet to the property line of any tract that is either used or intended to be used for a public or quasi-public building or use.
(b)
All repair work and dismantling shall be conducted in an enclosed building.
(c)
No vehicle that fits the definition of "junked vehicle" or "abandoned vehicle," as defined by the Township Code, shall be parked outside the building.
(d)
Any business engaged in towing service shall dispose of any vehicles that fit the definition of "junked vehicle" or "abandoned vehicle," as defined by the Township Code, within 48 hours, unless they are stored inside a building.
(e)
No aboveground equipment for the service of motor vehicles shall be located closer than 30 feet to any property line. No permanent stand, rack or other apparatus may be placed so as to project beyond any building line.
D.
Area and bulk regulations.
(2)
Minimum lot width at front-yard setback: 50 feet.
(3)
Minimum front-yard setback: 25 feet.
(4)
Minimum side-yard setback: 10 feet.
(5)
Minimum rear-yard setback: 30 feet.
(6)
Maximum building height: three stories or 40 feet.
(7)
Maximum building size: 13,500 gross square feet.
(8)
Maximum building coverage: see maximum impervious surface coverage.
(9)
Maximum impervious surface coverage - includes building, parking, and sidewalks: 70%.
§ 240-31 Statement of intent, industrial districts.
In addition to the general goals listed in Article I of this chapter and in the Land Use Plan Goals and Objectives of the Comprehensive Plan, the districts established in this chapter are intended to achieve the following:
A.
To provide sufficient space, in appropriate locations, to meet the anticipated future needs for industrial activity with due allowance for the needs of a range in choice of sites.
B.
To ensure that the land most suited for industrial and related activities will be available by prohibiting the use of such land for new residential development and, at the same time, to protect residences by separating them from such activities.
C.
To protect industry against congestion by limiting the bulk of buildings in relation to the land around them and to one another and by providing sufficient off-street parking and loading facilities for such developments.
D.
To promote the most desirable use of land and direction of building development in accordance with the Comprehensive Plan; to promote stable industry; to strengthen the economic base; to protect the character of particular industrial areas and their suitability to particular uses; to preserve the value of land and buildings; and to protect local tax revenues.
E.
To encourage the development of industrial parks through the provisions of suitable regulations whereby a number of businesses may locate in a landscaped tract.
§ 240-32 I-1 Light Industrial District.
A.
Specific intent. In addition to the goals listed in § 240-31 above, it is the purpose of this district to allow lot-by-lot industrial development, as well as to encourage planned industrial development as industrial parks, in which the area and bulk regulations permit increased flexibility in development of industrial tracts, thus assuring increased compatibility between similar uses. Any lot originally included in a recorded plat of a planned industrial development (industrial park) shall be subject to the area and bulk requirements included in Subsection F below, even upon resale of individual lots within the park to different parties. Lot-by-lot area and bulk requirements (Subsection E below) apply only to industrial parcels not included in a plat of an industrial park and do not apply at any time to individual lots within a platted industrial park. It is the intent of this section that any acreage added to an industrial park lot through subdivision is to be considered a part of that industrial park lot and not a lot-by-lot industrial parcel for purposes of administration of development standards. To ensure location of uses that are free from offensive noise, vibration, smoke, odors, glare, hazards of fire or other objectionable effects, performance standards are set forth to govern such uses.
B.
Uses by right.
(1)
Assembly and packaging of finished goods.
(2)
Automotive repair garage.
(3)
Contractor's office and yard.
(4)
Distribution business (not including truck terminal).
(5)
Laboratory.
(6)
Manufacturing of furniture, medical equipment, musical instruments, and scientific instruments.
(7)
Manufacture, compounding, processing or treatment of such products as: bakery goods, confections, cosmetics, dairy products, drugs, perfumes, pharmaceuticals and toiletries.
(8)
Manufacture, compounding, assembling or treatment of articles of merchandise from the following previously prepared materials: bone, concrete products, cellophane, canvas, hair, horn, leather, paper and paper board, plastic, precious or semiprecious metals or stones, marble, metals, shell, straw, textiles, wood, yarn or paint.
(9)
Printing service.
(10)
Research activity.
(11)
Warehousing, indoor storage.
(12)
Wholesale trade, indoor.
(13)
Business and professional office.
(14)
Essential service.
(16)
Accessory uses, including restaurant or cafeteria facilities for employees only; outdoor private swimming pools and tennis courts; antenna and satellite dishes; and accessory buildings.
C.
Conditional uses. The following conditional uses shall meet the common conditions of providing ingress, egress and internal traffic circulation designed to ensure safety, minimize congestion, and provide access for emergency vehicles, in addition to meeting conditions included in any section referenced after the named use.
(1)
Truck terminal.
(2)
Greenhouse.
(3)
Bus or railway station.
(4)
Correctional institution.
(5)
Government office.
(6)
Club, fraternal organization, or lodge.
(7)
Houses of worship, subject to § 240-23B(3) of this article.
(8)
Indoor recreational facility.
(9)
Machinery repair.
(10)
Library.
(11)
Museum.
(12)
Parking garage, subject to § 240-28C(6) of this article.
(13)
Communications facility, subject to the express standards and criteria stated in § 240-55 of this chapter.
(14)
Adult business, subject to the express standards and criteria stated in § 240-56 of this chapter.
(15)
All uses by right in commercial districts, except any residential use.
D.
Special exceptions. Comparable uses which are not specifically listed.
(1)
Uses of the same general character as any use listed as permitted by right or listed as a conditional use in the I-1 District shall be allowed after determination of the Zoning Hearing Board that the impact of the proposed use on the environment and adjacent properties and streets is equal to or less than any use specifically listed in the district. In making such determination, the Board shall consider the following characteristics of the proposed use:
(2)
The proposed use shall comply with all applicable area and bulk regulations of the zoning district in which it is located.
(3)
The proposed use shall comply with any applicable express standards and criteria specified in this chapter for the most nearly comparable conditional use or use by special exception specifically listed in the zoning district in which it is proposed.
(4)
The proposed use shall be consistent with the statement of intent for the zoning district in which it is proposed and shall be consistent with the Land Use Plan Goals and Objectives of the Comprehensive Plan.
E.
Area and bulk regulations for lot-by-lot development.
(2)
Minimum lot width at front-yard setback: 150 feet.
(3)
Minimum front-yard setback: 45 feet.
(6)
Maximum building height: 52 feet.
(7)
Maximum building coverage: see maximum impervious surface coverage.
(8)
Maximum impervious surface coverage - includes building, parking and sidewalks: 70%.
F.
Area and bulk regulations for planned industrial development.
Minimum site and lot size | ||||
Site area: | 10 acres | |||
Individual lot within site | ||||
With public sewer | 65,340 square feet | |||
Without public sewer | 87,120 square feet | |||
Minimum lot width at front-yard setback** | 150 feet | |||
Minimum front-yard setback | 45 feet | |||
Minimum side-yard setback | ||||
Adjoining residential district or use | 150 feet | |||
Adjoining all other | 25 feet | |||
Minimum rear-yard setback | ||||
Adjoining residential district or use | 150 feet | |||
Adjoining all other | 40 feet | |||
Maximum building height | 52 feet | |||
Minimum building separation | 50 feet | |||
Maximum building coverage | see maximum impervious surface coverage | |||
Maximum impervious surface coverage - includes building, parking and sidewalks | 70% | |||
** | In a planned industrial development, the developer may create multiple parcels of a minimum of 50 feet each at the front-yard setback, with the provision that a minimum of three parcels must be combined for each industrial site or lot created for sale or development. Multiple parcels at a minimum of three shall be combined together by deed declaration and description, with no further Township process being required to combine multiple parcels. A notation must be placed on the recorded plan describing the minimum number of parcels to be combined to comply with the intent of this provision to ensure a minimum of one-hundred-fifty-foot width at building front-yard setback per each lot sold or developed. Site plan application shall reflect the combination as proposed or recorded. |
§ 240-33 I-2 Heavy Industrial District.
A.
Statement of intent. In addition to the goals listed in Article I of this chapter and in the Land Use Plan Goals and Objectives of the Comprehensive Plan, it is the purpose of this district to provide industrial locations for plants which require large operational areas and which are normally undesirable adjacent to residential and commercial uses. Heavy industrial uses may also have extensive open storage and service areas and may generate heavy industrial-type traffic, requiring easy access to major thoroughfares.
B.
Uses by right.
(1)
Assembly and packaging of finished goods.
(2)
Beverage bottling.
(3)
Business and professional office.
(4)
Contractor's office and yard.
(5)
Distribution business.
(6)
Truck terminal.
(7)
Bus or railway station.
(8)
Food production, except for canning factories and animal processing.
(9)
Laboratory.
(10)
Machinery repair.
(11)
Manufacturing of furniture, medical equipment, musical instruments, or scientific instruments.
(12)
Printing service.
(13)
Warehousing, with indoor or outdoor storage.
(14)
Wholesale trade, indoor and outdoor.
(15)
Manufacture of machinery, chemicals and chemical products, rubber and plastic products, stone, clay and glass products, primary metal products, and fabricated metal products.
(16)
Essential service.
(18)
Accessory uses, including restaurant or cafeteria facilities for employees only, outdoor private swimming pools and tennis courts, antenna and satellite dishes, and accessory buildings.
C.
Conditional uses.
(1)
On-site retail sales.
(a)
Sales shall be conducted in only one enclosed building on the site of the industrial use.
(b)
No more than 15% of the total floor area of an industrial building or 5,000 square feet, whichever is less, shall be devoted to such sales.
(c)
Additional parking shall be required in accordance with the standard of one space for each 150 square feet of floor area devoted to retail sales.
(2)
Junk or salvage yards.
(a)
An annual license fee in the amount of $200 shall be paid, not later than January 31 of each year, by owners or operators of junk or salvage yards for purposes of inspection and regulation of the use by the Township.
(b)
The tract or lot shall be protected with an opaque fence at least eight feet in height along the entire perimeter.
(c)
Evergreen trees shall be planted and maintained not in excess of 12 feet apart on the outside of the required perimeter fence.
(d)
The minimum front setback line(s) shall be 100 feet; all other setback lines shall be 60 feet.
(e)
No operations shall be permitted on Sundays or between the hours of 9:00 p.m. and 7:00 a.m. on any day of operation.
(f)
No burning shall be permitted.
(g)
No junked or abandoned vehicle shall be dismantled or destroyed except after a period of 48 hours from the time of delivery to the yard.
(h)
All records and books pertaining to registration and delivery of vehicles shall be open to inspection by the Zoning Officer or Township police.
(i)
No garbage, organic waste, petroleum products, or hazardous waste shall be stored, buried or disposed of on the site.
(j)
Stored material must be arranged and maintained with aisles of a minimum width of 25 between rows in order to facilitate access for firefighting equipment and to prevent the accumulation of stagnant water. The proposed layout of the yard must be indicated on the site plan submitted as part of the application.
(3)
Communications facilities, subject to the express standards and criteria stated in § 240-55 of this chapter.
(4)
Adult businesses, subject to the express standards and criteria stated in § 240-56 of this chapter.
(5)
All uses by right in I-1 and C-1 Districts, except any residential uses.
(6)
Natural gas processing plants.
D.
Special exceptions.
(1)
Comparable uses which are not specifically listed.
(a)
Uses of the same general character as any use listed as permitted by right or listed as a conditional use in the I-2 District shall be allowed after determination of the Zoning Hearing Board that the impact of the proposed use on the environment and adjacent properties and streets is equal to or less than any use specifically listed in the district. In making such determination, the Board shall consider the following characteristics of the proposed use:
(b)
The proposed use shall comply with all applicable area and bulk regulations of the zoning district in which it is located.
(c)
The proposed use shall comply with any applicable express standards and criteria specified in this chapter for the most nearly comparable conditional use or use by special exception specifically listed in the zoning district in which it is proposed.
(d)
The proposed use shall be consistent with the statement of intent for the zoning district in which it is proposed and shall be consistent with the Land Use Plan Goals and Objectives of the Comprehensive Plan.
(2)
Transportation, storage, treatment or disposal of hazardous waste (treatment of hazardous waste shall not refer to treatment of domestic sanitary sewage through permits issued by the Pennsylvania Department of Environmental Protection).
(3)
Statement of intent. The Board of Supervisors recognize that the rules, regulations and guidelines of PADEP, the EPA and other state and federal regulatory agencies are not foolproof and accidentproof. Therefore, due to the fact that an accidental spill, leak or escape of a hazardous waste material, or any other dangerous or noxious material, can occur even from a business properly following all state and federal regulations (such as happened on November 22, 1999, at Weavertown Environmental on Route 50 in Cecil, Pennsylvania), it is the intent of the Board of Supervisors to further protect the surrounding residents, to augment and supplement state and federal regulations and guidelines, concerning the storage, treatment and disposal of hazardous waste according to the following:
(a)
The applicant shall present evidence of valid licenses and/or permits from the Pennsylvania Department of Environmental Protection (DEP) for the proposed transportation, storage, treatment or disposal of hazardous waste.
(b)
Valid licenses and/or permits from DEP shall be maintained continuously throughout the operation of any transportation, storage, treatment or disposal of hazardous waste. Any suspension or revocation of the valid licenses or permits shall result in revocation of Township zoning approval and shall represent a violation of this chapter, subject to penalty provisions herein.
(c)
The applicant shall demonstrate that the proposed transportation, storage, treatment or disposal of hazardous waste shall not adversely affect any lawful existing permitted uses of adjacent property or any stream or groundwater supply.
(d)
The applicant shall show the proposed routes of all trucks to be utilized for hauling, if any; the estimated weight of the trucks; and the types of hazardous waste to be hauled in those trucks. The applicant shall comply with all weight limits on Township roads and shall design hauling routes to minimize impact on local roads.
(e)
The applicant shall post a bond in an amount determined by the Township Public Works Director to guarantee restoration of Township roads used for hauling, if any, and to guarantee compensation of Township employees and/or emergency medical and fire services for cleanup or abatement of any hazardous waste spilled or otherwise deposited on roads or properties within limits of the Township. Any person who intentionally, accidentally or negligently causes any such spill or deposit shall be liable for all costs incurred by the Township, including but not limited to: traffic control, evacuation, relocation, substance monitoring, establishment of medical care facilities, and repair or restoration of Township roads. The applicant shall certify that a general liability insurance policy in an amount determined by the Township to cover these potential costs either is or shall be in effect during the operation.
(f)
Storage areas shall be located inside an enclosed building. The enclosed building shall be constructed of brick or concrete block and shall contain protective separations between different types of hazardous wastes stored and between the storage area and areas devoted to other activities in the building. The hazardous waste storage areas shall be visibly posted with warning notices and shall be adequately secured at all times to protect public safety.
(g)
All storage containers shall be clearly marked as to the contents, and instructions shall be provided for safe handling and emergency handling, posted at the site, and supplied to and made available to all emergency services providers.
(h)
The minimum site required for storage of hazardous waste when it is the principal use on a site shall be 50 acres. The minimum site required for storage of hazardous waste as an accessory use to another principal use on a site shall be five acres.
(i)
Minimum sites required for treatment and disposal sites:
[1]
The minimum site required for treatment and/or disposal sites that do not emit or release or do not have the potential to emit or release any airborne gases, vapors or particulates shall be 100 acres. Such treatment and disposal facilities shall not be located within one mile of any airport, school, community park, hospital, nursing home, church, retail center or any residential dwelling. Such treatment and disposal facilities shall not be located within 500 feet of any property line.
[2]
The minimum site required for treatment and/or disposal sites which do emit or do have the potential to emit any hazardous or potentially hazardous or noxious gases, vapors or particulates, either directly or indirectly, into the air shall be 500 acres. Such treatment and disposal facilities shall not be located within 1 1/4 miles of any airport, community park, church or retail center. Such treatment and disposal facilities shall not be located within 1 1/2 miles of any school, hospital, nursing home or any residential dwelling. Treatment and disposal facilities shall not be located within 1,000 feet of any property line.
(j)
Storage sites, other than those which include treatment or disposal, shall not be permitted within 600 feet of any residence or within 1/4 mile of any church, school, hospital, nursing home, public building, historic structure or municipal park.
(k)
Treatment and/or disposal sites shall be adequately secured and shall be visibly posted to protect the public safety. Treatment and/or disposal areas shall be located not closer than 200 feet to any property line and shall be adequately screened by an opaque fence or earthen mound at least eight feet in height or landscaped with a dense, compact, year-round vegetative screen which attains a height of at least eight feet within three years of planting.
(l)
Any change or expansion of the activity on a site which includes transportation, storage, treatment or disposal of hazardous waste, which is not authorized by the original special exception approval, shall require the submission of a new application for special exception for the changed or expanded activity.
(m)
The application for use by special exception shall include written and graphic materials containing the following information:
[1]
A boundary and topographic survey of the property;
[2]
The location of all existing and proposed structures on the site;
[3]
The proposed location of the hazardous waste storage area on the site;
[4]
A planimetric map of all physical features within a one-quarter-mile radius of the proposed storage area on the site;
[5]
If a treatment and disposal facility is proposed, a planimetric map of all physical features within a one-mile radius of the proposed treatment and disposal facility on the site;
[6]
The names and addresses of all property owners within 500 feet of the property boundaries of the site;
[7]
The location of all access and haulage roads and their intersection with all existing public roads;
[8]
A statement from a registered professional engineer certifying that the proposed storage, treatment or disposal of hazardous waste shall not have a deleterious effect on adjacent land uses, surface water, groundwater or floodplains;
[9]
A copy of all applicable DEP licenses and/or permits;
[10]
The amount and type of performance bond to be posted and the amount and type of liability insurance required in accordance with the requirements of DEP licenses or permits;
[11]
The duration of the proposed transportation, storage, treatment or disposal activity;
[12]
The type and amount of hazardous waste to be stored, the proposed method of storage, and the proposed method of treatment or disposal of hazardous waste at the site.
(n)
The applicant shall present evidence from a registered professional engineer or other qualified expert whose credentials are acceptable to the Township to document compliance with these express standards and criteria.
E.
Area and bulk regulations.
Minimum lot size | 2 acres | |
Minimum lot width at front-yard setback** | 250 feet | |
Minimum front-yard setback | 50 feet | |
Minimum side-yard setback | ||
Adjoining residential district or use | 200 feet | |
Adjoining all other | 75 feet | |
Minimum rear-yard setback | ||
Adjoining residential district or use | 200 feet | |
Adjoining all other | 75 feet | |
Maximum building height | 60 feet | |
Maximum lot coverage | see maximum impervious surface coverage | |
Maximum impervious surface coverage - includes building, parking and sidewalks | 70% | |
** | In a planned industrial development, the developer may create multiple parcels of a minimum of 50 feet each at the front-yard setback, with the provision that a minimum of five parcels must be combined for each industrial site or lot created for sale or development. Multiple parcels at a minimum of five shall be combined together by deed declaration and description, with no further Township process being required to combine multiple parcels. A notation must be placed on the recorded plan describing the minimum number of parcels to be combined to comply with the intent of this provision to ensure a minimum of a two-hundred-fifty-foot width at building front-yard setback per each lot sold or developed. Site plan application shall reflect the combination as proposed or recorded. |
§ 240-34 SD Special Development District.
[Amended 5-2-2016 by Ord. No. 1-2016; 6-6-2016 by Ord. No. 3-2016; 9-6-2016 by Ord. No. 11-2016; 10-7-2024 by Ord. No. 6-2024]
A.
Statement of intent. In addition to the goals listed in Article I of this chapter and in the Land Use Plan Goals and Objectives of the Comprehensive Plan, the districts established by this chapter are intended to achieve the following:
(1)
To allow flexibility in design and in the application of zoning regulations to encourage the economic development of a special district where the creation of a coordinated living and working environment can be accomplished.
(2)
To provide incentives for the public and private investment in the coordinated and orderly development of large sites with special development characteristics in areas with high growth potential for the purpose of regional economic development and the creation of regional employment.
(3)
To respond to the demand for a special district which can accommodate a variety of uses in an area adjacent to a proposed federal highway interchange.
(4)
To provide a procedure which can respond to changes in market conditions and availability of financing to support residential, commercial and industrial economic development in a special district, and which complements county and commonwealth redevelopment controls in effect for development of a special district.
B.
Approval procedure. The establishment of an SD District shall follow approval of an illustrative site plan by conditional use hearing before the Board of Supervisors, followed by submission of a subdivision plan or plans as required in this article. An illustrative site plan indicates the proposed land use category (residential, commercial or industrial) designated for each lot or parcel within the entire tract proposed as the SD District. In addition, the illustrative site plan may also indicate the specific use by right (professional office, research laboratory, etc.) proposed for each lot or parcel. The Board of Supervisors may authorize one or more of the following land use categories on a lot or parcel, upon review by the Planning Commission, residential land use category, commercial land use category, and industrial land use category.
C.
Standards for conditional use approval of an illustrative site plan.
(1)
The minimum tract for which an illustrative site plan shall be submitted shall be 500 acres. An existing SD District may, however, after gaining approval for rezoning, incorporate additional land into the district, provided that at least 25% of the perimeter property boundary of the proposed added land is coincident with the boundary of the SD District. Additionally the minimum tract of land for any residential development within an SD District shall not be less than 30 acres.
(2)
The illustrative site plan shall include a written description of the various proposed uses for each lot or parcel, when known. When not known at time of submission, the proposed land use category of each lot or parcel shall be indicated on the plan. The plan shall also show the proposed layout of the street network within the tract and its connection(s) with existing streets.
(3)
The illustrative site plan shall be accompanied by evidence that the tract can be serviced by public water and sewer systems or by public water and a community sewage treatment system, subject to approval by the Pennsylvania Department of Environmental Protection (DEP).
(4)
The tract shall have frontage on an arterial street, as defined by the Comprehensive Plan, or shall have direct access to such street within a distance of 500 feet of a principal entrance to the site.
(5)
The tract shall be subject to the redevelopment laws of the commonwealth.
(6)
The Board of Supervisors shall hold a public hearing on the illustrative site plan to assess the compatibility of the land uses proposed in the plan, to determine the need for reasonable and appropriate conditions and safeguards to protect the public health, safety and welfare, and to implement the purposes of this chapter.
(7)
The Board of Supervisors shall determine whether the design of the proposed major street network shall provide safe and efficient flow of traffic through the site, prevent congestion, accommodate peak traffic demands without hazard or great delay, and provide accessibility for emergency vehicles.
D.
Procedure for review after conditional use approval of an illustrative site plan.
(1)
Following the grant of conditional use approval for the illustrative site plan for the tract, the applicant shall present a subdivision plan in accordance with the requirements of this chapter. The subdivision plan may propose recording of the entire tract area or a portion thereof, provided that no subdivision shall be less than the required area for the land use approved on the illustrative site plan and specified in Subsection G. The land use category approved for each lot or parcel through illustrative site plan procedures shall be shown within the property boundaries of each lot or parcel.
(2)
The Board of Supervisors shall consider whether the existing physical characteristics of the subdivision plan, such as topography, vegetation and natural waterways, or proposed man-made features, such as streets, will create adequate buffers between adjoining areas proposed for residential and nonresidential land use categories. The Board shall also consider the compatibility of the proposed land use categories within the subdivision plan with existing uses of property outside the SD District that adjoin its boundaries.
(3)
After subdivision approval, the development of each lot or parcel shall require submission of an individual site plan reflecting the area and bulk regulations of § 240-34H of this article for the applicable land use category, the requirements of § 240-15, Site plan review, and § 240-13H, Additional criteria for a traditional neighborhood design in an SD (Special Development District).
E.
Variations between illustrative site plan and subdivision plan. Minor variations between the illustrative site plan and any subdivision plan, such as preliminary locations of buildings on individual sites when shown on the illustrative site plan, shall not require reapproval of the illustrative site plan through conditional use procedures. However, major variations between the illustrative site plan and any subdivision plan, such as changes in the layout of the major street network and/or principal points of ingress or egress, shall require resubmission of a conditional use application for illustrative site plan approval. The Township shall classify variations as either "major" or "minor." Resubdivision of an original illustrative site plan lot shall not require a new conditional use hearing but shall require delivery to the Township, along with the recorded plan for the resubdivided lot, of an updated illustrative site plan showing the resubdivided lot.
F.
Effect of proposed change of land use category or land use for individual lots.
(1)
Vacant lots or parcels:
(a)
Any proposed change in the land use category of a vacant lot or parcel in a recorded plan of subdivision in an approved illustrative site plan shall be addressed as follows:
[1]
Upon receipt of a petition submitted by the applicant and signed by 51% of the adjacent property owners of developed lots or parcels, within and outside the SD District proposing an change in the land use category and/or land use, the Board of Supervisors shall hold a public hearing to evaluate the compatibility of the proposed change in land use category, and further, to determine the need for reasonable and appropriate conditions and safeguards to protect the public health, safety, and welfare of adjacent properties within and outside the SD development tract; or
(2)
Developed lots or parcels.
(a)
Any proposed change in the land use category or land use of a developed lot or parcel in a recorded plan of subdivision shall be addressed as follows:
[1]
The applicant shall submit an application form proposing a revision to the illustrative site plan. The applicant may use the Township's conditional use application form.
[2]
The Board of Supervisors shall consider the following factors in evaluating such an application:
[a]
If the proposed land use category is a more restrictive land use category, the Board shall evaluate the request pursuant to the conditional use factors set forth in this chapter.
[d]
Changes to a more restrictive land use do not require the submission of an application or approval of the Board of Supervisors.
[e]
These additional standards may be waived by the Board of Supervisors, in their sole discretion, if the applicant submits a petition signed by 100% of the adjacent property owners, within and outside the SD District, consenting to the proposed change in the land use category and/or land use. The petition must include as an attachment a copy of the revised illustrative site plan and a description of the proposed change which must presented to and explained to the adjacent landowner. Any adjacent landowner may revoke their consent at any time.
[3]
The Board of Supervisors is not obligated to permit a change in land use category or land use.
[4]
If approval is granted, the applicant must submit a revised subdivision plan showing the new land use category for approval and recording.
(3)
Definitions.
(a)
For purposes of this § 240-34, the following terms shall have the following meanings:
[1]
The term "developed" shall include any development or improvement of a lot or parcel, as defined in § 240-8, and shall also include any parcel or lot on which a use by right, conditional use, special exception use identified in § 234-G(1) through (7) exists or any step has been taken to bring such use into existence.
[2]
The term "vacant" shall include undeveloped land, as defined in § 240-8, and any parcel or lot on which no use by right, conditional use, special exception use identified in § 234-G(1) through (7) exists and no steps have been taken to bring such use into existence.
[3]
The term "more restrictive land use category" shall mean a land use category which is considered milder in terms of effects and impacts on adjacent and neighboring properties. The residential land use category shall be deemed a more restrictive land use category than the commercial land use category which, in turn, is a more restrictive land use category than the industrial land use category.
[4]
The term "more restrictive land use" shall mean "more restrictive use" as defined in § 240-8.
[a]
For residential land uses, more restrictive land uses shall be in the following order, with the first use being the most restrictive and less severe:
[i]
Community or private membership outdoor recreational facilities;
[b]
For commercial land uses, all "uses by right, residential land use category," "conditional uses, residential land use category," (upon receiving conditional use approval) and "special exception, residential land use category" (upon receiving special exception approval) set forth in § 240-34G shall be deemed the same severity in terms of effects and impacts on adjacent and neighboring properties.
[c]
For industrial land uses, all "uses by right, residential land use category," "conditional uses, residential land use category," (upon receiving conditional use approval) and "special exception, residential land use category" (upon receiving special exception approval) set forth in § 240-34G shall be deemed the same severity in terms of effects and impacts on adjacent and neighboring properties.
G.
Land use regulations and development standards. Once the approval has been granted to an illustrative site plan which assigns land use categories to each lot or parcel within the SD district, and following recording of a subdivision plat or plats, the uses indicated below in the respective land use categories shall be permitted, subject to the individual site plan approval as required by § 240-15 of this chapter and subject to the restrictions set forth in § 240-34F of this chapter.
(1)
Uses by right, residential land use category.
(a)
Single-family detached, attached and semidetached dwelling.
(b)
Two-family dwelling.
(c)
Multifamily dwelling.
(e)
Home office.
(f)
Essential service.
(g)
Community or private membership outdoor recreational facilities, including, but not limited to, parks, swimming pools, tennis courts and clubs, country clubs, golf courses and clubs, and the like.
(i)
Distributed antenna systems (DAS) and data collection units (DCU) in the public right-of-way, subject to the express standards and criteria set forth in § 240-59.1 of this chapter.
(j)
Business and professional office as a use by right for total daily trip generation of less than 10.84 trips per square foot. Those proposed uses exceeding 10.84 total daily trips per square foot will be considered a conditional use and subject to the provisions of UDO Section 403. Trip generation calculations to be established using methodologies outlined in ITE Trip Generation, Latest Edition.
(2)
Uses by right, commercial land use category.
Farm, subject to § 240-53, Agricultural regulations |
Apparel and clothing accessories store |
Furniture, home furnishings, hardware, and household appliance store |
Bakery |
Specialty food store (excluding supermarket) |
Eating establishment, including restaurant, lunch counter, and delicatessen |
Drinking establishment |
Pharmacy |
Convenience store |
Gift shop, including camera, book, stationery, antique, musical supplies, cosmetics, candy, tobacco, flower, hobby, jewelry, leather and luggage shop |
General merchandise store |
Business and professional office |
Research and development, and high technology business |
Business service |
Personal service |
Essential service |
Public building, excluding sanitarium and correctional institution |
Club, lodge or fraternal organization |
Indoor recreational facility |
Indoor theater |
Art, music or photography studio |
Library |
Museum |
Motel or hotel |
Video rental |
Nursing home, hospital, clinic and diagnostic center |
Day-care center, subject to § 240-23B(2) of this chapter |
Accessory uses, including restaurant or cafeteria facilities for employees only, outdoor private swimming pools and tennis courts, antenna and satellite dishes, and accessory buildings |
Distributed antenna systems (DAS) and data collection units (DCU) in the public right-of-way, subject to the express standards and criteria set forth in § 240-59.1 of this chapter. |
(3)
Uses by right, industrial land use category.
(a)
Assembly and packaging of finished goods.
(b)
Contractor's office (not including contractor's yard).
(c)
Distribution business (not including truck terminal).
(d)
Laboratory.
(e)
Manufacturing of furniture, medical equipment, musical instruments, and scientific instruments.
(f)
Manufacture, compounding, processing or treatment of such products as bakery goods, confections, cosmetics, dairy products, drugs, perfumes, pharmaceuticals and toiletries.
(g)
Manufacture, compounding, assembling or treatment of articles of merchandise from the following previously prepared materials: bone, concrete products, cellophane, canvas, hair, horn, leather, paper and paper board, plastic, precious or semiprecious metals or stones, marble, metals, shell, straw, textiles, wood, yarn or paint.
(h)
Printing service.
(i)
Research activity.
(j)
Warehousing and storage, indoor.
(k)
Wholesale trade, indoor.
(l)
Business and professional office.
(m)
Essential service.
(n)
Accessory uses, including restaurant or cafeteria facilities for employees only; outdoor private swimming pools and tennis courts; antenna and satellite dishes; and accessory buildings.
(4)
Conditional use, residential land use category. Traditional neighborhood design overlay district as provided for and subject to the standards and criteria as specified in § 240-13C, Additional criteria for traditional neighborhood design (TND) development in a Special Development (SD) District.
(6)
Special exception, residential land use category. Home occupations, subject to the same standards and criteria set forth in § 240-23C(1) of this article, and the same are incorporated herein by reference as fully as though set forth at length.
(7)
Special exception, industrial land use category. Any proposed use that is not specifically listed in § 240-34G(3) above shall be reviewed through special exception procedures, subject to the following criteria:
(a)
Uses of the same general character as any use listed as permitted by right in the industrial land use category shall be allowed after determination of the Zoning Hearing Board that the impact of the proposed use on the environment and adjacent properties and streets is equal to or less than any use specifically listed as a use by right for the industrial land use category. In making such determination, the Board shall consider the following characteristics of the proposed use:
(b)
The proposed use shall comply with all applicable area and bulk regulations of the industrial land use category.
(c)
The proposed use shall comply with any applicable express standards and criteria specified in this chapter for the most nearly comparable conditional use specifically listed for the I-1 (Light Industrial) District.
(d)
The proposed use shall be consistent with the statement of intent for the SD District and shall be consistent with the Land Use Plan Goals and Objectives of the Comprehensive Plan.
(e)
Such uses shall involve processes and products equivalent to the processes and products characteristic of the permitted uses by right in the I-1 District. Uses authorized in the I-2 District and/or associated with heavy manufacturing shall not be permitted.
H.
Area and bulk regulations.
(1)
The minimum area and bulk regulation for residential development as a use by right in this article shall be in accordance with § 240-24, R-2 Medium Density Residential District bulk and area requirements.
(2)
Additions to existing buildings shall follow the setback requirements that existed at the time the building was originally constructed.
(3)
Parcels developed and used as golf course are not to be considered as residential district, residential land use category, or residential use for purposes of setback requirements and landscaping and screening requirements.
(4)
Area and bulk regulations table.
Minimum subdivision/site size | ||||
Planned commercial | 5 acres | |||
Planned industrial | 10 acres | |||
Residential development | 30 acres | |||
Minimum individual lot within site size | ||||
Commercial | ||||
With public sewers | 2 acres | |||
Without public sewers | 3 acres | |||
Industrial | ||||
With public sewers | 2 acres | |||
Without public sewers | 3 acres | |||
Minimum lot width at front-yard setback | ||||
Commercial land use category (LUC) | 100 feet | |||
Industrial land use category (LUC) | 150 feet | |||
Minimum front-yard setback | ||||
Commercial LUC | 45 feet | |||
Industrial LUC | 45 feet | |||
Minimum side-yard setback | ||||
Commercial and industrial LUC | ||||
Adjoining residential district, use or LUC | 100 feet | |||
Adjoining all other uses | 25 feet | |||
Minimum rear-yard setback | ||||
Commercial and industrial LUC | ||||
Adjoining residential district, use or LUC | 100 feet | |||
Adjoining all other uses | 40 feet | |||
Maximum building height | ||||
Commercial and industrial LUC | 5 stories or 65 feet | |||
Maximum lot coverage, including building, parking lot and sidewalks | ||||
Commercial and industrial LUC, regardless if surface is impervious or not | 70% | |||
• | Parcels developed and used as golf course are not to be considered as residential district, residential land use category, or residential use for purposes of setback requirements and landscaping and screening requirements. | |
• | Additions to existing buildings shall follow the setback requirements that existed at the time the building was originally constructed. |
§ 240-35 BPD Business Park Planned Development District.
A.
Purpose. This district is intended to accommodate the development of a mix of office and light industrial uses in a campus environment. Such uses shall be clean, quiet, free of objectionable elements, and shall operate entirely within enclosed structures. This district differs from the I-1 (Light Industrial) District in that outdoor storage of any type is prohibited. Storage and service yards are not permitted, even with screening. The district is also intended to foster a more creative approach in land and building site planning and to encourage an efficient, aesthetic and desirable use of open space.
B.
Permitted uses.
(1)
Assembly and packaging of finished goods.
(2)
Laboratory.
(3)
Manufacturing of furniture, medical equipment, musical instruments, and scientific instruments.
(4)
Manufacture, compounding, processing or treatment of such products as bakery goods, confections, cosmetics, dairy products, drugs, perfumes, pharmaceuticals and toiletries.
(5)
Manufacture, compounding, assembling or treatment of articles of merchandise from the following previously prepared materials: bone, concrete products, cellophane, canvas, hair, horn, leather, paper and paper board, plastic, precious or semiprecious metals or stones, marble, metals, shell, straw, textiles, wood, yarn or paint.
(6)
Printing service.
(7)
Research activity.
(8)
Warehousing, indoor storage.
(9)
Wholesale trade, indoor.
(10)
Business and professional office.
(11)
Medical offices and clinics.
(12)
Essential service.
(14)
Accessory uses, including restaurant or cafeteria facilities for employees only, outdoor private swimming pools and tennis courts, antenna and satellite dishes, and accessory buildings.
C.
Limitations on flexibility of planned developments. It is not intended that the Township automatically grant approval to the initial plan of development proposed by an applicant. The Board of Supervisors shall approve only such plans of development which are consistent with the public benefits resulting from the planned development. Therefore, the Board of Supervisors may require any reasonable condition, limitation or design factor, including preparation of a traffic impact analysis, which will promote proper development of the planned development.
D.
Minimum size of proposed planned development. No planned development shall be considered unless it contains a minimum area of 15 contiguous acres.
E.
Area and bulk regulations for business park planned development.
(2)
Minimum lot width: 150 feet.
(3)
Minimum front-yard setback: 45 feet.
(6)
Maximum building height: lesser of four stories or 52 feet.
(7)
Minimum building separation: 55 feet.
(8)
Maximum building coverage: see maximum impervious surface coverage.
(9)
Maximum impervious surface coverage - includes building, parking and sidewalks: 65%.
F.
Procedure. The authorization of a planned development shall require approval of a sketch plan, preliminary development plan, and final development plan as stipulated in this section.
(1)
Sketch plan submission. Upon petition of the owners of the area involved in the application, a sketch plan for the proposed planned development shall be presented to the Director of Planning. The applicant shall meet with the Director of Planning to discuss the sketch plan and its relationship to the requirements of the Comprehensive Plan, other public policy and best planning practices. Said sketch plan shall then be presented to the Planning Commission for review. The sketch plan may be an approximate drawing, but it shall be prepared in a manner that will explain the features to be included and which would allow the testing of engineering feasibility. Review of the sketch plan is not binding on the Township and is not a part of the review process which has time limitations specified by the Pennsylvania Municipalities Planning Code. Three copies of the sketch plan shall be submitted and shall include the following information:
(a)
Proposed locations, amounts and types of uses within the area proposed to be developed.
(b)
Proposed plan for handling vehicular traffic, parking, sewage disposal, drainage, water supply, perimeter treatment of the site, and other pertinent development features.
(c)
Preliminary layout at a scale not to exceed one inch equals 100 feet, illustrating streets, structures, open space, lots, drainage and other elements basic to the proposal in relationship to existing site conditions.
(d)
Ownership, zoning and use of adjacent land.
(e)
Proposed deed covenants, in general terms, proposed to be made part of the planned development plan.
(f)
A statement of development sequence and timetable.
(2)
Preliminary development plan submission. Following a meeting with the Director of Planning to discuss the sketch plan, an application for approval of the preliminary development plan may be submitted to the Planning Commission. This application and supporting documents shall be submitted in accordance with the official filing deadline specified in § 210-8C of Chapter 210, Subdivision and Land Development, of this Code. Nine copies of the preliminary development plan shall be submitted and shall include the following information:
(a)
Written application for approval of a planned development to be made on forms available from the Township.
(b)
Name and seal of the registered surveyor responsible for preparing the plan.
(c)
Tract boundaries, with bearings and distances.
(d)
Existing contours at vertical interval of five feet or, in the case of relatively level tracts, at such lesser interval as may be necessary for satisfactory study and planning of the tract. Datum to which contour elevations refer shall be United States Coast and Geodetic Survey datum.
(e)
All existing watercourses, floodplains, tree masses, and other significant natural features; all existing buildings, sewers, water mains, culverts, petroleum or petroleum product lines, fire hydrants, and other significant man-made features; all existing streets on or adjacent to the tract, including name, right-of-way width, and cartway width; and all existing property lines, easements, and rights-of-way, and the purpose for which the easements and rights-of-way have been established.
(f)
Proposed maximum site development intensity.
(g)
Proposed streets, all proposed buildings, their yards and their use, common open space, recreation facilities, parking areas, service areas, and other facilities to indicate the character of the proposed development.
(h)
Narrative explanation of the character of the planned development, including a specific explanation of how the proposed development meets the objectives of all adopted land use policies and the stated purpose of this section.
(i)
Statement of present and proposed ownership of all land within the project, including the beneficial owners of a land trust.
(j)
Development schedule indicating stages in which the project will be built, with emphasis on area, density, use and public facilities, and open space to be developed within each stage, and dates for beginning and completion of each stage.
(k)
Information on all service facilities, driveways, private streets, paths and off-street parking areas.
(l)
Preliminary general exterior building specifications for all buildings, submitted in sufficient detail to permit an understanding of the style of the development and the design of the buildings.
(m)
Preliminary development plans and feasibility reports for sidewalks, sanitary sewers, storm drainage, water supply system, streetlighting, and roads, including classification, width of right-of-way, width of pavement and construction details.
(n)
General landscape plan for the site, showing landscape intent, with site details where appropriate to fully explain the concept.
(o)
If requested by the Board of Supervisors, a study of the impact caused by the planned development on the surrounding street system.
(p)
If requested by the Board of Supervisors, an environmental assessment showing the impact upon natural vegetation, watercourses, topography and other natural features as identified by the Department of Planning.
(3)
Planning Commission review of preliminary development plan.
(a)
The Director of Planning shall coordinate a review of the preliminary development plan materials to include all relevant departments and submit written findings and recommendations to the Planning Commission. The Commission may hold a public hearing on the preliminary application. The Planning Commission shall recommend whether the preliminary plan should be approved, approved with modifications, or denied, and shall so notify the Board of Supervisors in writing, including in a recommendation for denial or modified approval any reasons for such recommendation.
(b)
In making its recommendation, the Planning Commission may consider the recommendations of the Township Director of Planning, Township Engineer, Township Municipal Authority, the Washington County Planning Commission, interested residents, and any other agency requested to submit or submitting comments on the plan.
(c)
The Planning Commission shall act on the preliminary plan within 60 days of the official filing date but, in any event, shall act on the plan in time for the Board of Supervisors to render its decision within 90 days from the official filing date, unless an extension of time is agreed to in writing by the applicant.
(4)
Public hearing and Board of Supervisors review of preliminary development plan.
(a)
Before acting on a preliminary development plan, the Board of Supervisors shall hold a public hearing thereon, pursuant to public notice. The Board of Supervisors shall act on the preliminary plan within 90 days of the official filing date, unless the applicant has agreed in writing to an extension of time. Failure to do so shall be deemed an approval.
(b)
The Board of Supervisors shall notify the applicant in writing of its decision to approve, approve with conditions, or deny the preliminary development plan. Such notice shall be given to the applicant in person or mailed to him at his last known address not later than 15 days following the decision. If the plan is approved with conditions or denied, the Board of Supervisors shall specify in the notice the conditions which must be met or, in the case of denial, the defects found in the plan and the requirements which have not been met, including specific reference to provisions of any statute or ordinance which have not been fulfilled.
(c)
Approval of the preliminary development plan shall constitute approval of the project as to the character and intensity of development and the arrangement and dimensions of streets, lots, buildings and other planned features. The approval binds the subdivider or developer to the general scheme of the plan as approved, unless a revised plan is submitted, and permits the developer to proceed with final detailed design of improvements, to arrange for guarantee to cover installation of the improvements, and to prepare the final development plan. Approval of the preliminary development plan does not authorize the sale of lots or recording of the plan.
(d)
A revised preliminary development plan submitted after denial shall be considered and reviewed as a new preliminary plan.
(5)
Final development plan submission.
(a)
The purpose of the final development plan is to specifically designate the land subdivided into conventional lots as well as the division of other lands into common open areas and building sites. The final development plan shall show the general location of each building to be constructed, and a designation of the general internal use for each building. The final development plan also informs those who deal with the planned development of the restrictions placed upon the land.
(b)
Submission of a final development plan or first phase of that plan shall be completed within six months of the approval of the preliminary development plan by the Board of Supervisors. The Board may, however, grant an extension of time for such period as it deems in the public interest. In the event that a final development plan is not approved within the six-month period or an approved extension of time, the action of the Board of Supervisors approving the preliminary development plan shall be declared null and void.
(c)
Following Board of Supervisors' approval of a preliminary development plan, an application for final development plan may be submitted to the Planning Commission according to the official filing deadline established in § 210-8C of Chapter 210, Subdivision and Land Development, of this Code. Nine copies of the final development plan shall be submitted and shall include the following information:
[1]
Written application for approval of a final development plan to be made on forms available from the Township.
[2]
Name and seal of the registered surveyor responsible for preparing the plan.
[3]
Tract boundaries, with bearings and distances.
[4]
Indication of the land subdivided into conventional lots, as well as the division of other lands not so treated, into common open space areas and building areas.
[5]
The general location of all buildings to be constructed and the general internal uses of each building, structure and use of land.
[6]
Infrastructure improvements, including construction details showing center-line elevations, pavement type, curbs, gutters, culverts, etc.
[7]
Such additional information as the Board of Supervisors may have required when approving the preliminary development plan.
[8]
If subdivided lands are included in the planned development, a subdivision plat of all subdivided lands in the same form and meeting all requirements of a normal subdivision plat.
[9]
An accurate legal description of each separate unsubdivided use area, including open space.
[10]
All permanent signs, site lighting and street fixtures.
[11]
Final stormwater management plans and construction details.
[12]
Construction schedule.
[13]
Common open space documents, conveying the open space to a municipal or public corporation or to a not-for-profit corporation or entity established for the purpose of benefiting the owners and tenants of the planned development or adjoining property owners. All lands conveyed thereunder shall be subject to the right of the grantee or grantees to enforce maintenance and improvement of the common open space or guaranteed by a restrictive covenant, describing the open space and its maintenance and improvements, running with the land.
[14]
Indication of whether the developer anticipates completing required improvements and facilities prior to recording of an approved final development plan or guaranteeing completion, whether said improvements and facilities shall become public or remain private, by submitting financial security acceptable to the Township in an amount equal to 110% of the construction cost estimate approved at the time said improvements and facilities are scheduled to be installed according to the planned development's staging program.
[15]
Each individual lot or parcel sold or developed shall be subject to the site plan review process.
(6)
Planning Commission review of final development plan.
(a)
The Director of Planning shall coordinate a review of the final development plan, to include review by relevant Township departments. The Director shall compile a report of review findings and forward them to the Planning Commission. If the Director, upon review, finds major changes in the final development plan, the plans shall be forwarded to the Planning Commission as per Subsection K, Changes in the planned development. The Planning Commission shall recommend whether the preliminary plan should be approved, approved with modifications, or denied, and shall so notify the Board of Supervisors in writing, including in a recommendation for denial or modified approval any reasons for such recommendation.
(b)
In making its recommendation, the Planning Commission may consider the recommendations of the Township Director of Planning, Township Engineer, Township Municipal Authority, the Washington County Planning Commission, interested residents, and any other agency requested to submit or submitting comments on the plan.
(c)
The Planning Commission shall act on the preliminary plan within 60 days of the official filing date but, in any event, shall act on the plan in time for the Board of Supervisors to render its decision within 90 days from the official filing date, unless an extension of time is agreed to in writing by the applicant.
(7)
Board of Supervisors review of final development plan.
(a)
The Board of Supervisors shall act on the final development plan within 90 days of the official filing date, unless the applicant has agreed in writing to an extension of time. Failure to do so shall be deemed an approval.
(b)
The Board of Supervisors shall notify the applicant in writing of its decision to approve, approve with conditions, or deny the final development plan. Such notice shall be given to the applicant in person or mailed to him at his last known address not later than 15 days following the decision. If the plan is approved with conditions or denied, the Board of Supervisors shall specify in the notice the conditions to be met or, in the case of denial, the defects found in the plan and the requirements which have not been met, including specific reference to provisions of any statute or ordinance which have not been fulfilled.
(c)
If the final development plan is approved subject to conditions, the Board of Supervisors shall not sign the plat until all of the conditions have been met.
G.
Designation of permanent common open space. A proposed business park planned development shall not be approved unless such plan provides for permanent landscaped open space totaling 25% of the gross acreage.
H.
Covenants and maintenance.
(1)
Covenants shall be required by the Board of Supervisors as an ingredient for stability and longevity of the planned development and shall set forth in detail provisions for the ownership and maintenance of facilities held in common to ensure continuity and conservation. Covenant provisions shall include special remedies in the event facilities held in common are permitted to deteriorate or are not maintained in a condition consistent with the best interests of the development or the Township. In such event, the Township may take those remedial steps allowed. A draft of the covenants shall be submitted as part of the preliminary development plan application to the Planning Commission.
(a)
The Township will bill the Planned Development or private organization with direct responsibility or ownership of the facility any and all costs incurred by the Township for the repairs and maintenance of the facility.
[Added 12-3-2018 by Ord. No. 1-2018]
(2)
The Board of Supervisors shall require the recording of covenants for any reasonable public or semipublic purpose, including, but not limited to, the allocation of land by the applicant for public thoroughfares, parks, schools, recreational facilities, and other public and semipublic purposes, wherever necessary in conformity with the Township Comprehensive Plan.
(3)
The Board of Supervisors may require the recording of covenants for any other reasonable purpose, including, but not limited to, imposing standards for development of property in the planned development plan related to lot area, floor area, ratios of floor space to land area, areas in which structures may be built, open space, setback lines, building separation, structure height, signs, off-street parking and loading space, design standards, and phasing of development.
(4)
The petitioner shall provide financial assurance for the satisfactory installation of all facilities in the form of bonds or such other assurances as are required in the normal procedures of platting pursuant to the provisions of this chapter.
(5)
Adequate provisions shall be made for private organization with direct responsibility to and control by the property owners involved to provide for the operation and maintenance of all common facilities including private streets jointly shared by such property owners, if such facilities are part of the planned development. In such instances, legal assurances shall be provided which show that the private organization is self-perpetuating and adequately funded to accomplish its purposes.
(6)
Common facilities not dedicated to the public shall be maintained to standards assuring continuous and adequate maintenance at a reasonable and nondiscriminatory rate of charge to the beneficiaries. Common facilities not dedicated to the public shall be operated and maintained at no expense to any governmental unit.
(7)
All private streets shall be maintained by the private organization so that adequate access is provided at all times to vehicular traffic, so that fire, police, health, sanitation and public utility vehicles can serve the properties contiguous or adjacent thereto, and so that said vehicles will have adequate turning area. Said private streets shall be developed in accordance with this chapter.
I.
No construction until approvals granted. No construction or installation work shall be permitted on public improvements until construction, stormwater management, and erosion and sedimentation control plans, as applicable, have been approved by the Township Engineer. The applicant shall notify the Engineer at least 24 hours in advance of his intention to begin such work. Inspections shall be made by the Engineer as work progresses.
J.
Recording.
(1)
Upon approval of the final development plan, the subdivider or developer shall prepare one reproducible Mylar of the approved plan, which shall be submitted to the Township within 30 days after approval. Upon satisfaction of any conditions attached to the approval, the plan will be signed by the Board of Supervisors. A copy of the signed final development plan shall be recorded in the office of the Washington County Recorder of Deeds within 90 days after approval of the plan, or the approval of the Board of Supervisors shall be null and void. The plan must be recorded before proceeding with the sale of lots or construction of buildings.
(2)
In addition to the plat prepared for recording, the applicant shall, when required by the Township, submit a computer-readable file in the form specified by the Township, which shall provide a true and complete display of the recorded final development plan, excepting the surveyor's seal or signature. The computer-readable file shall be submitted at the same time the Mylar is submitted for signature by the Board of Supervisors.
(3)
Recording the final development plan shall be an irrevocable offer to dedicate all streets and other public ways to public use and to dedicate or reserve all park reservations and other public areas to public use, unless reserved by the subdivider as hereinafter provided. The approval of the final plan shall not impose any duty upon the Board of Supervisors or Township concerning maintenance or improvements by ordinance or resolution.
(4)
The subdivider shall place a notation on the final development plan if there is no offer of dedication to the public of streets and certain designated public areas, in which event the title to such areas shall remain with the owner and the Township shall assume no responsibility for improvement or maintenance thereof, which fact shall be noted on the final plan.
K.
Changes in the planned development.
(1)
A planned development shall be developed only according to the approved and recorded final development plan and all supporting data. The recorded final development plan and all supporting data, together with all recorded amendments, shall be binding on the applicant, his successors, grantees and assigns, and shall limit and control the use of the premises (including the internal use of buildings and structures) and location of structures in the planned development, as set forth herein.
(2)
In the exercise of its continuing jurisdiction, the Board of Supervisors may, from time to time, allow modification of the approved final development plan in a manner consistent with the approved preliminary development plan to provide for circumstances and conditions unforeseen at the time of original approval. Such modifications shall constitute major or minor changes, which shall be acted upon as follows:
(a)
Major change shall be defined as any change which alters the concept or intent of the planned business development, including, but not limited to, increases in density, significant increases in building heights, reductions of open space, changes in standards or alignment of roads or drainage, or changes in the final governing agreements, provisions or covenants. Major changes may be approved only by submission of a revised final development plan and supporting data and following the final development plan approval steps, including holding of a new public hearing, at the discretion of the Board of Supervisors, and subsequent amendment of the final development plan.
(b)
Minor changes shall be defined as any change that is not considered a major change. The Board of Supervisors may approve minor changes that do not change the concept of intent of the development without going through the final development plan approval steps. Any approved minor change not properly recorded with the County Recorder in the time period allowed shall automatically be deemed to be a major change.
L.
Abandonment or expiration.
(1)
Abandonment of a development authorized under this section shall occur when one or more of the following conditions occur:
(a)
No improvements are made pursuant to the final development plan for 12 consecutive months or upon the expiration of two years from the approval date of the final development plan.
(b)
If construction of public improvements, including streets, parks, walkways and utility installation identified in the approved final development plan, is less than 50% completed in terms of the approved development schedule.
(2)
For a development which has not been completed, the Board of Supervisors may grant a time extension for such development not to exceed one year.
§ 240-36 Park, Athletic and Recreation District.
A.
Uses by right - land use. In this district the land may be used and improved for walking, biking and hiking trails, ball fields, outdoor sport complexes, municipal parks, and the like. "Improved" means grading and planting and placing replaceable material on the earth to facilitate the intended athletic or recreational use. Any structure to be built or erected in this district will fall under the conditional use category immediately following.
B.
Conditional uses -structures. Any proposed structure to be erected in this district shall require a conditional use hearing conducted by the Board of Supervisors. In addition to the express standards listed below, the Board of Supervisors may attach other conditions and stipulations it deems necessary to preserve and protect the safety and welfare of adjacent and nearby residential dwellings and to minimize any adverse effect that may result to the surrounding properties.
(1)
Due to the probability of unique and unusual parcel configurations in a district of this type (such as rails-to-trails property), setbacks for all sides of a proposed structure shall be determined on a case-by-case basis as a part of the conditional use hearing. A minimum of five feet shall always be required, but longer distances up to the standards for R-1 Districts will be required if space permits.
(2)
Parking, buffer areas, screening and landscaping requirements will be determined as a part of the Conditional use hearing, applying standards of Articles IX and XI, where practical. Deviations from Articles IX and XI may be permitted by the Township Supervisors where unique and/or unusual parcel configurations or use does not merit strict compliance.
(3)
Signs, access, lighting, etc., will be addressed through the site plan review process.
§ 240-37 (TC) Town Center Overlay in Special Development (SD) District.
A.
Statement of intent. In addition to the goals listed in Article I of this chapter and in the Land Use Plan Goals and Objectives of the Comprehensive Plan, the overlay district established by this chapter is intended to achieve the following:
(1)
To allow flexibility in design and in the application of zoning regulations to encourage the economic development of an overlay to the special district where the creation of a coordinated living and working environment can be accomplished.
(2)
To provide incentives for the public and private investment in the coordinated and orderly development of a Town Center District with special development characteristics.
(3)
To respond to the demand for an overlay at the special district which can accommodate a mixed-use development.
(4)
To provide a procedure that can respond to changes in market conditions and availability of financing to support residential and commercial economic development in a mixed-use district, and which complements county and commonwealth redevelopment controls in effect for development of a special district.
(5)
Create a traditional "town center" environment that encourages lively retail and entertainment facilities.
(6)
Provide outdoor gathering places for the public, such as courtyards, plazas and public open space.
(7)
Promote pedestrian orientation of streets and buildings to establish a pedestrian-friendly community with sidewalks and pedestrian walkways that connect buildings, parking areas and public spaces.
(8)
Create an attractive and welcoming streetscape.
(9)
Accommodate off-street parking in areas such that the town center environment is preserved.
B. COURTYARD GARDEN/URBAN GARDEN GROSS LEASABLE AREA (GLA)(1) (2) (3) (4) MIXED USE PLAZA SQUARE TOWN CENTER (TC) TOWN CENTER DRIVES VISIBILITY TRIANGLE WAYFINDING
Definitions. As used in this section, the following terms shall have the meanings indicated:
An outdoor space open to the sky and bounded on three or more sides by exterior building walls or other enclosing devices.
Grounds adorned with flowers, lawns, shrubs and trees for public enjoyment, and which may include paved or stone paths.
The number of square feet of floor area on all levels, measured to the exterior surface of exterior walls, but excluding:
Floor area occupied by mechanical, telephone or other operating equipment,
Patios or exterior dining or merchandising areas that are not climate-controlled,
Truck docks, trash collection, or delivery areas that are not climate-controlled,
Floor area dedicated to public toilet rooms, maintenance facilities, vertical circulation elements, and fire and service corridors.
A designation for a parcel of land or a building where the intended occupancy includes multiple separated uses as defined in this chapter or as agreed to by conditional use.
An open paved area at, above or below street level, where vehicular traffic is not permitted.
An open quadrilateral area at the intersection of two or more streets, upon which vehicular traffic is restricted or not permitted.
A well-defined parcel which includes a pedestrian-friendly development featuring buildings that may include mixed uses with grade-level retail or office uses and wherein may be permitted office and residential uses at their upper stories, as well as a variety of open spaces.
All driveways, streets, roads, alleys and ring roads located solely within a Town Center District. Town center drives may not be considered public streets. In the event a private town center drive is designated to become a public street, that street must conform to public street design and construction standards prior to being converted to public designation.
The area necessary to provide clear visibility at public roadway intersections as required by Article VIII of this chapter.
A term used to describe a signage system that gives direction, most typically as it relates to pedestrian movement.
C.
Approval procedure. At the developer's option, a Town Center Overlay Development may be established by conditional use on property in the SD Special Development District, provided all of the requirements of this section are met. A preliminary land development plan for the area of the Town Center shall be submitted with the application for conditional use approval as a basis for determining compliance with this section. The applications for conditional use approval and preliminary approval of the land development may be processed concurrently, if the land development plan meets all of the application requirements of § 210-11B of the Subdivision and Land Development chapter of the Code. The establishment of a TC District shall follow approval of an illustrative site plan by conditional use hearing before the Board of Supervisors, followed by submission of a subdivision plan or plans as required in this article. An illustrative site plan indicates the proposed land use category (residential, commercial or mixed-use) designated for each lot, parcel or building within the entire tract proposed as the TC District. In addition, the illustrative site plan may also indicate the specific use by right (retail, professional office, residential, etc.) proposed for each lot, parcel or building. The Board of Supervisors may authorize one or more of the following land use categories on a lot, parcel or building, upon review by the Planning Commission: residential land use category, commercial land use category, and mixed-use land use category.
D.
Standards for conditional use approval of an illustrative site plan.
(1)
The minimum tract for which an illustrative site plan shall be submitted shall be 30 acres. An existing TC District may, however, after gaining approval for rezoning, incorporate additional land into the district, provided that a portion of the perimeter property boundary of the proposed added land is coincident with the boundary of the TC District.
(2)
The illustrative site plan shall include a written description of the various proposed uses for each lot, parcel or building when known. When not known at time of submission, the proposed land use category of each lot, parcel or building shall be indicated on the plan. The plan shall also show the proposed layout of the street network within the tract and its connection(s) with existing streets.
(3)
The illustrative site plan shall be accompanied by evidence that the tract can be serviced by public water and sewer systems or by public water and community sewage treatment system, subject to approval by the Pennsylvania Department of Environmental Protection (PADEP).
(4)
The tract shall have frontage on an arterial street or collector, as defined by the Comprehensive Plan, or shall have direct access to such street within a distance of 500 feet of a principal entrance to the site.
(5)
The tract shall be subject to the redevelopment laws of the commonwealth.
(6)
The Board of Supervisors shall hold a public hearing on the illustrative site plan to assess the compatibility of the land uses proposed in the plan; to determine the need for reasonable and appropriate conditions and safeguards to protect the public health, safety and welfare; and to implement the purposes of this chapter.
(7)
The Board of Supervisors shall determine whether the design of the proposed major street network shall provide safe and efficient flow of traffic through the site, prevent congestion, accommodate park traffic demands without hazard or great delay, and provide accessibility for emergency vehicles.
E.
Procedure for review after conditional use approval of an illustrative site plan.
(1)
Following the grant of conditional use approval for the illustrative site plan for the tract, the applicant shall present a subdivision plan in accordance with the requirements of this chapter. The subdivision plan may propose recording of the entire tract area or a portion thereof not to be less than 30 acres. The land use category approved for each lot, parcel or building through illustrative site plan procedures shall be shown within the property boundaries of each lot, parcel or building.
(2)
The Board of Supervisors shall consider whether the existing physical characteristics of the subdivision plan, such as topography, vegetation and natural waterways, or proposed man-made features, such as streets, will create adequate buffers between adjoining areas proposed for residential and nonresidential land use categories. The Board shall also consider the compatibility of the proposed land use categories within the subdivision plan with existing uses of property outside the TC District that adjoin its boundaries.
(3)
After subdivision approval, the development of each lot, parcel or building shall require submission of an individual site plan reflecting the area and bulk regulations of this article for the applicable land use category and the requirements of § 240-15, Site plan review. This requirement shall not apply to townhouses included as part of a PRD or to individual single-family homes.
F.
Variations between illustrative site plan and subdivision plan. Minor variations between the illustrative site plan and any subdivision plan, such as preliminary locations of buildings on individual sites when shown on the illustrative site plan, shall not require reapproval of the illustrative site plan through conditional use procedures. However, major variations between the illustrative site plan and any subdivision plan, such as changes in the layout of the major street network and/or principal points of ingress or egress to public streets and roadways, shall require resubmission of a conditional use application for illustrative site plan approval. The Township shall classify variations as either "major" or "minor." Resubdivision of an original illustrative site plan lot shall not require a new conditional use hearing but shall require delivery to the Township, along with the recorded plan for the resubdivided lot, of an updated illustrative site plan showing the resubdivided lot.
G.
Effect of proposed change of land use category for individual lots.
(1)
Any proposed change in the land use category of a vacant lot, parcel or building in a recorded plan of subdivision shall be addressed as follows: The Board of Supervisors shall hold a public hearing to access the compatibility of the proposed change in land use and, further, to determine the need for reasonable and appropriate conditions and safeguards to protect the public health, safety and welfare of adjacent properties within the outside of the TC development tract.
(2)
Any proposed change in the land use category of a developed lot, parcel or building in a recorded plan of subdivision shall require the submission of a conditional use application proposing revision to the illustrative site plan. If conditional use approval is granted, submission of a revised subdivision plan showing the new land use category shall be required for approval and recording. Any change in use or occupancy of the lot, parcel or building shall then be subject to the applicable area and bulk regulations contained in this section.
H.
Modifications. The Supervisors shall consider whether proposed waivers or modifications in any requirement of this section or the Chapter will make for a more attractive and harmonious planned development. If such modifications, in the judgment of the Supervisors, constitute a more beneficial use of the site for the affected/future residents and the public interest than provided for under the requirements of this section or chapter or the zoning district in which the site of the Town Center is located, the Supervisors, in their sole discretion, may grant the modifications as part of the TC approval process. Any inconsistencies in this section with Cecil Township land development and zoning ordinances will be resolved in favor of this section.
I.
Design and improvement standards. The standards and requirements outlined below shall be considered minimum standards and requirements for the promotion of the public health safety, morals and general welfare.
(1)
Streets, driveways, culs-de-sac and alleys within the TC District shall be designated "town center drives," as defined in this section.
(2)
Cartway construction shall meet the minimum design criteria set forth by the Township.
(3)
Street name signs, stop signs, and traffic control signs shall be provided and installed by the developer.
(4)
Locations of easements for public utilities inside a TC District shall be coordinated with the respective utility.
(5)
Sidewalks and pedestrianways.
(a)
The minimum width of sidewalks on the town center streets shall be 10 feet across retail storefronts, office building entries, and entries to residential buildings.
(b)
If outdoor seating is proposed for a restaurant or similar business, the maximum encroachment into any sidewalk shall be five feet.
(c)
Crosswalks shall be provided at each street intersection. Each crosswalk shall be indicated by signs and a change in pavement type such as pavers, stamped concrete or similar designation. Crosswalks shall be handicapped accessible.
(d)
Sidewalks shall be required to connect the street frontage to all front building entrances, parking areas and public spaces.
(e)
Sidewalks shall continue across driveways.
(f)
Sidewalks or other paved pedestrianways shall be provided from parking areas at the rear of buildings to rear entrances to the buildings and/or through public spaces to sidewalk along the street frontage.
J.
Land use regulations and development standards. Once conditional use approval has been granted to an illustrative site plan which assigns land use categories to each lot, parcel or building within the TC District, and following recording of a subdivision plat or plats, the uses indicated below in the respective land use categories shall be permitted, subject to individual site plan approval as required by § 240-15 of this chapter. Only the following uses shall be authorized in a Town Center Overlay development in the SD Special Development, District. Any use not specifically listed in this section shall be subject to review as outlined in Subsection J(3), Comparable uses, below.
(2)
Uses by right, nonresidential uses.
(a)
Parking garage.
(b)
Retail stores.
(c)
Business and professional offices.
(d)
Personal services.
(e)
Restaurants.
(f)
Outdoor dining.
(g)
Financial institutions.
(h)
Studios for dance, music, fitness, art or photography.
(i)
Gallery, museum, library.
(j)
Theater, live or motion picture.
(k)
Hotel, motel, inn.
(l)
Public buildings.
(m)
Public park, plaza, square, courtyard, urban garden.
(n)
Transit facilities.
(o)
Farmer's market.
(p)
Pedestrian take-out windows.
(q)
Street vendors - duly authorized.
(r)
Schools.
(s)
Religious institutions.
(t)
Government offices, including post office, etc.
(3)
(4)
Excluded uses.
(a)
Automobile or other vehicle: sales (new and/or used).
(b)
Automobile or other vehicle: service, repair, bodywork and painting.
(c)
Automobile or other vehicle: washing or detailing.
(d)
Automobile or other vehicle: fuel filling station.
(e)
Restaurant drive-through facilities.
(f)
Adult entertainment.
(g)
Tattoo parlor.
(h)
Any use not permitted in this district.
(i)
Uses determined to be of similar nature to the excluded uses in this section.
(5)
Outdoor activities or uses.
(a)
The display of merchandise or seating out of doors is permitted within this TC District. Except as provided below, all display areas or seating for restaurants out of doors shall be confined to a pedestrian walkway immediately adjacent to the building housing the primary use or within any common pedestrian areas designated on the final site plan. Such display or seating may be permitted to extend the entire length and width of any sidewalk or plaza areas directly adjacent to the main business, provided that the minimum pedestrian access is maintained as required elsewhere in this chapter. There shall be no requirement that any display or seating be located wholly under any permanent part of a main business building such as a marquee. In addition, sales and display areas may be located in any kiosk or pushcart location designated on the final site plan.
(b)
The temporary sale of Christmas trees and products associated with the celebration of holidays or national events on any property in the TC District or the temporary sale of goods in relation to special events (e.g., Hanukkah, Presidents' Day, Easter, etc.) shall be permitted for a period of 60 days prior to the day of the special event or holiday celebration. No permit shall be required, provided the sale area is as specified in Subsection J(5)(a) above.
K.
Area and bulk regulations.
(1)
Size of lots.
(2)
Size of yards.
(a)
Minimum front yard. No front yard is required between any lots or land uses created within the TC District. A thirty-five-foot setback shall be required adjacent to any TC District boundary that directly abuts residential development that is outside the boundary of this TC District.
(b)
Minimum side yard. No side yard is required between any lots or land uses created within the TC District. A thirty-five-foot setback shall be required adjacent to any TC District boundary that directly abuts residential development that is outside the boundary of this TC District.
(c)
Minimum rear yard. No rear yard is required between any lots or land uses created within the TC District. A thirty-five-foot setback shall be required adjacent to any TC District boundary that directly abuts residential development that is outside the boundary of this TC District.
(3)
Lot and setback standards.
(a)
TC Districts shall not be restricted relative to the number of buildings per lot.
(b)
The minimum building setback adjacent to a specified public thoroughfare or public right-of-way shall be 35 feet.
(c)
The minimum setback for all off-street parking, maneuvering and loading areas from the right-of-way line of a specified public thoroughfare or public right-of-way shall be five feet.
(d)
The minimum setback for all screening walls and fences from the right-of-way line of a public thoroughfare or public right-of-way shall be 10 feet.
(e)
The minimum setback for any outside service area from the right-of-way line of a public thoroughfare or public right-of-way shall be 150 feet. The setback may be reduced to 35 feet if such area is screened to one-hundred-percent opacity with a screening wall that matches the primary on-site building material or with live vegetation.
(f)
Buildings, parking areas or other visual obstructions shall not be located in any required visibility triangle.
(g)
The required setback area as described above shall be landscaped and shall be included in the calculation of pervious area that may be required.
(h)
No building setback shall be required from any town center drive created within the TC District.
(4)
Height restrictions. Maximum height for buildings inside a TC District shall be 75 feet or six stories, as measured pursuant to the building height definition specified in this chapter, and is applicable to all land use categories inside the district.
(5)
Usable open space.
(a)
Urban gardens shall be required for each 50,000 square feet or portion thereof of gross leasable area. This requirement may be modified if a plaza, square or courtyard is also proposed in the TC District, provided the total area devoted to urban gardens, plazas, squares or courtyards equals at least 500 square feet for each 50,000 square feet of gross leasable area.
[1]
The minimum area of an urban garden shall be 500 square feet.
[2]
An urban garden shall be located where it is visible from and accessible from a public sidewalk or pedestrianway.
[3]
Sixty percent of the urban garden area shall be planted with trees, vines, shrubs and seasonal flowers with year-round interest.
(b)
Plazas, squares or courtyards may be proposed in the Town Center District.
[1]
The minimum area required for a plaza, square or courtyard shall be 1,000 square feet.
[2]
The plaza, square or courtyard shall be located where it is visible and accessible from a sidewalk or pedestrianway.
[3]
Thirty percent of the plaza, square or courtyard shall be landscaped with trees, shrubs and mixed plantings with year-round interest. The remainder of the area in the plaza, square or courtyard shall be hardscape, lawn or ground cover or a mixture thereof.
[4]
Plazas, squares, or courtyards shall connect to other activities such as outdoor cafes, restaurants and building entrances.
(c)
Open space amenities.
[1]
Public art, statues and fountains are encouraged.
[2]
Seating space shall be provided where pedestrian activity occurs.
[3]
Refuse containers shall be integrated with the architectural theme for the TC and shall be distributed throughout the garden, plaza, square or courtyard, along pedestrianways, and proximate to parking areas or structures.
[4]
Lighting shall be provided.
L.
Off-street parking and loading.
(2)
Parking inside a Town Center District shall be calculated based on the following:
(3)
Parking ratios.
(a)
Retail: four spaces per 1,000 square feet.
(b)
Restaurant, fast casual: one space per 75 square feet.
(c)
Restaurant: one space per 100 square feet.
(d)
Office: 2.5 spaces per 1,000 square feet.
(e)
Cinema, theater, conference center: one space per four seats.
(f)
Hotel, motel, inn: one space for each rental unit.
(g)
Residence: 1.5 spaces for each studio or one-bedroom unit; two spaces for each two-or-more-bedroom unit.
(4)
Shared parking requirements. The number of shared parking spaces inside a Town Center District shall be determined by calculation, utilizing the following formula, and subject to review and final approval by the Township's Board of Supervisors.
(a)
Multiply the individual uses by the minimum required percentages, per time period, as contained in the five vertical columns of the table below;
(b)
Add the sum of the calculations; and
(c)
The required parking is the largest number of spaces resulting from the calculations.
Shared Parking Calculations | |||||
|---|---|---|---|---|---|
Use | Weekday: Midnight to 6:00 a.m. | Weekday: 9:00 a.m. to 4:00 p.m. | Weekday: 6:00 p.m. to Midnight | Weekend: 9:00 a.m. to 4:00 p.m. | Weekend: 6:00 p.m. to Midnight |
Residential | 100% | 60% | 90% | 80% | 90% |
Office | 5% | 100% | 10% | 10% | 5% |
Retail and commercial | 5% | 70% | 90% | 100% | 70% |
Hotel | 80% | 80% | 100% | 80% | 100% |
Restaurant | 10% | 50% | 100% | 50% | 100% |
Entertainment | 10% | 40% | 100% | 80% | 100% |
Others - as approved | 100% | 100% | 100% | 100% | 100% |
(5)
Loading requirements. Loading spaces inside a Town Center District shall not be required. However receiving areas shall be provided as follows:
M.
Signage. The developer shall submit a complete and comprehensive environmental graphic and wayfinding package, specific to the project, and subject to review and final approval by the Township's Board of Supervisors.
N.
Landscape planting and hardscape. The developer shall submit a complete and comprehensive landscape planting and hardscape package, including plant and material lists, specific to the project, and subject to review and final approval by the Township.
O.
Lighting.
(1)
Lighting shall be designed to complement the architectural style of the buildings and provide a consistent theme throughout the Town Center.
(3)
Lighting shall be designed to provide adequate illumination for streets and open parking areas throughout the Town Center:
(a)
Minimum illumination - streets and open parking areas: 1.0 footcandle.
(4)
Spillover lighting across a property line that directly abuts residential development that is outside the boundary of this TC District shall not exceed 0.2 footcandle.
(5)
Mercury vapor lights shall not be permitted.
(6)
All lighting devices that utilize low-pressure or high-pressure sodium, halide, fluorescent, quartz or incandescent bulbs in excess of 160 watts shall be designed completely shielded and shall direct and cut off light at a cutoff angle that is 60° or less.
(7)
The developer shall provide a photometric plan showing the level of illumination across the TC District, as well as light fixture specifications demonstrating compliance with these requirements.
P.
Common area maintenance. All common areas within the Town Center District shall be maintained by the developer or as provided in the private easement, restriction and operating agreement to be developed for the entire Town Center Development.
§ 240-38 (IHPD) Interstate Highway Planned Development Overlay District.
[Amended 4-1-2024 by Ord. No. 2-2024]
A.
Statement of intent. Because large tracts of land abutting an interstate highway are particularly suited for development in a manner that is different from the criteria otherwise applicable elsewhere in the Township, in addition to the goals listed in Article I of this chapter and in the Land Use Plan Goals and Objectives of the Comprehensive Plan, the Interstate Highway Planned Development Overlay District established by this chapter is intended to achieve the following:
(1)
To allow flexibility in design thereby encouraging the master planned development of a coordinated living and working environment on large sites in the vicinity of interstate highways.
(2)
To provide incentives for public and private investment in the coordinated and orderly development of large sites in the vicinity of interstate highways having unique development characteristics and high growth potential for the purpose of fostering regional economic development and the creation of regional employment.
(3)
To permit increases in density within large master planned projects, thereby allowing greater opportunities to preserve open space areas.
(4)
To provide a procedure that can respond to changes in market conditions and availability of financing to support residential and commercial economic development in a master planned district in the vicinity of interstate highways.
(5)
To provide incentives for master planned developments in the vicinity of interstate highways, combining functional and aesthetically pleasing commercial uses, including office, retail, light industrial and warehousing development, with a variety of residential uses which provide multiple housing options.
(6)
To provide incentives for the development of large sites in the vicinity of interstate highways in a way that creates a compact, dense, clustered pattern with appropriate open spaces and that encourages pedestrian-oriented land uses.
B. FLEX-SPACE BUILDING INTERSTATE HIGHWAY LARGE SITE MIXED USE MULTI-PRODUCT PLAN
Definitions. As used in this section, the following terms shall have the meanings indicated:
A building intended to contain a combination of business uses, including office, showroom, assembly, warehouse, research or light industrial.
A limited access roadway designated on January 1, 2009, as part of the Dwight D. Eisenhower National System of Interstate and Defense Highways under 23 U.S.C. § 103(c).
Land under unified ownership or control, consisting of not less than 500 contiguous acres and with not less than 750 lineal feet of frontage along the right-of-way line for an interstate highway; for purposes of determining contiguity, land shall be considered contiguous even though separated from other portions of the site by an existing public road right-of-way.
A designation for a parcel of land, building or a group of buildings where the intended occupancy includes multiple separated uses. Mixed use is intended to promote developments where the planned integration of some combination of allowed uses such as residential, office, hotel, retail and institutional creates a pedestrian-oriented development.
A subdivision designed and containing a combination or mixture of housing types, whether single-family, two-family or multifamily.
C.
Approval procedure.
(1)
At the developer's option, an Interstate Highway Planned Development (IHPD) may be established by conditional use on large sites that satisfy the requirement of Subsection C(1)(d) below. A preliminary land development plan for the area of the IHPD shall be submitted with the application for conditional use approval as a basis for determining compliance with this section. The applications for conditional use approval and preliminary approval of the land development may be processed concurrently, if the land development plan meets all of the application requirements of § 210-11 of the Subdivision and Land Development chapter of the Code.
(2)
The establishment of a IHPD District shall follow approval of an illustrative site plan by conditional use hearing before the Board of Supervisors, followed by submission of a subdivision plan or plans as required in this article. An illustrative site plan indicates the proposed land use category (single-family residential, combination residential or business) designated for each lot, parcel or building within the entire tract proposed as the IHPD District. In addition, the illustrative site plan may also indicate the specific use by right (for example, retail, professional office, multifamily residential, etc.) proposed for each lot, parcel or building. The Board of Supervisors may authorize one or more of the following land use categories on a lot, parcel or building, upon review by the Planning Commission: single-family residential land use category, combination residential land use category, or business land use category.
(3)
Standards for conditional use approval of an illustrative site plan
(a)
An illustrative site plan shall only be submitted for a large site. After initial approval, the developer may incorporate additional tracts of any size into the IHPD, provided that a portion of the perimeter property boundary of the proposed added tract is coincident with the boundary of the IHPD District.
(b)
The illustrative site plan shall include a written description of the various proposed uses for each lot, parcel or building when known. When not known at time of submission, the proposed land use category of each lot, parcel or building shall be indicated on the plan. The illustrative site plan shall include a preliminary schematic layout of any proposed arterial or collector streets.
(c)
The illustrative site plan shall be accompanied by evidence that the entire tract can be serviced by public water and sewer systems or by public water and community sewage treatment system, subject to approval by the Pennsylvania Department of Environmental Protection (PADEP).
(d)
The illustrative site plan shall include proposed covenants, conditions, restrictions and site development standards (the "covenants") that would serve to enforce common design and development standards and guidelines, such as with respect to open space, lighting, signage, landscape, buffers, planting requirements, pedestrian orientation and the like, either throughout the IHPD or within specified portions of the IHPD. The covenants are intended to be recorded in the land records of Washington County, Pennsylvania, and are subject to review and approval by the Board of Supervisors in a form approved by the Township Solicitor.
(e)
The Board of Supervisors shall hold a public hearing on the illustrative site plan to assess the compatibility of the land uses proposed in the plan; to determine the need for reasonable and appropriate conditions and safeguards to protect the public health, safety and welfare; and to implement the purposes of this chapter. The Board of Supervisors shall give due consideration to whether the preliminary schematic layout of any proposed arterial or collector streets demonstrates a reasonably safe and efficient flow of traffic through the site, minimizes congestion, provides accessibility for emergency vehicles.
(4)
Procedure for review after conditional use approval of an illustrative site plan
(a)
Following the grant of conditional use approval for the illustrative site plan for the tract, the applicant shall present a subdivision plan in accordance with the requirements of this chapter. The subdivision plan may propose recording of the entire IHPD area or a portion or portions thereof that need not be contiguous, so long as the total area shown on such subdivision plan is not less than 10 acres. The land use category approved for each lot, parcel or building through illustrative site plan procedures shall be shown within the property boundaries of each lot, parcel or building.
(b)
The Board of Supervisors shall consider whether the existing physical characteristics of the subdivision plan, such as topography, vegetation and natural waterways, or proposed man-made features such as streets, will create adequate buffers between adjoining areas proposed for residential and nonresidential land use categories.
(c)
After subdivision approval, the development of each lot, parcel or building shall require submission of an individual site plan reflecting the area and bulk regulations of this article for the applicable land use category and the requirements of § 240-15, site plan review. This requirement shall not apply to townhouses included as part of a PRD or to individual single-family homes.
(5)
Variations between illustrative site plan and subdivision plan. A major variation between the illustrative site plan and any subdivision plan is a change in the land use category applicable to a lot or parcel. Any such major variation shall require resubmission of a conditional use application for illustrative site plan approval. All other variations between the illustrative site plan and any subdivision plan shall be considered minor variations and shall not require reapproval of the illustrative site plan through conditional use procedures. Resubdivision of an original illustrative site plan lot shall not require a new conditional use hearing but shall require delivery to the Township, along with the recorded plan for the resubdivided lot, of an updated illustrative site plan showing the resubdivided lot.
(6)
Effect of proposed change of land use category for individual lots.
(a)
Any proposed change in the land use category of a vacant lot, parcel or building in a recorded plan of subdivision shall be addressed as follows: The Board of Supervisors shall hold a public hearing to assess the compatibility of the proposed change in land use and, further, to determine the need for reasonable and appropriate conditions and safeguards, if any, to protect the public health, safety and welfare of immediately adjacent developed properties both inside and outside of the IHPD boundaries.
(b)
Any proposed change in the land use category of a developed lot, parcel or building in a recorded plan of subdivision shall require the submission of a conditional use application proposing revision to the illustrative site plan. If conditional use approval is granted, submission of a revised subdivision plan showing the new land use category shall be required for approval and recording. Any change in use or occupancy of the lot, parcel or building shall then be subject to the applicable area and bulk regulations contained in this section.
D.
Modifications.
(1)
The Supervisors shall consider whether proposed waivers or modifications in any requirement of this section or the chapter will make for a more attractive and harmonious planned development and are consistent with and advance the intent of this chapter. If such modifications, in the judgment of the Supervisors, constitute a more beneficial use of the site for the affected/future residents and the public interest than provided for under the requirements of this section or chapter, the Supervisors, in their sole discretion, may grant the modifications as part of the IHPD approval process.
(2)
Any inconsistencies in this section with the Cecil Township subdivision and land development or zoning ordinances will be resolved in favor of this section.
E.
Design and improvement standards. The covenants will establish standards for design and improvements within the IHPD. The land development application for each subdivision within an IHPD shall include a complete and comprehensive signage and landscape package, including plant and material lists, descriptions of parking lot or other buffer requirements and the like, specific to the subdivision and subject to review and final approval by the Township.
F.
Once conditional use approval has been granted to an Illustrative Site Plan which assigns land use categories (Single-Family Residential — Permitted only on land east of Morganza Road, Combination Residential or Business — Permitted only on land east of Morganza Road) to each lot, parcel, or building within the IHPD District, and following recording of a subdivision plat or plats, the uses indicated below in the respective land use categories shall be permitted, subject to individual site plan approval as required by § 240-15 of this chapter. Only the following uses shall be authorized in an IHPD District. Any use not specifically listed in this Section shall be subject to review as outlined in Subsection F(6). Comparable Uses, below.
(1)
Uses by right, single-family residential land use category (Permitted only on land east of Morganza Road).
(a)
Single-family detached dwelling;
(b)
Two-family dwelling;
(c)
Home office;
(e)
Essential service; and
(f)
Community or private membership outdoor recreational facilities including but not limited to parks, swimming pools, tennis courts and clubs.
The dimensional regulations for any area designated on the illustrative site plan as single-family land use category shall be in accordance with the following:
(2)
Uses by right, combination residential land use category (Permitted only on land east of Morganza Road).
(a)
Single-family detached, attached and semidetached dwelling;
(b)
Two-family dwelling;
(c)
Multifamily dwellings, including but not limited to townhouses, garden apartments and mid-rise apartment buildings;
(d)
Multi-product plan;
(f)
Mixed use; provided, however, that in a combination residential land use area any mixed use must include a residential component appropriate in size to the balance of the mixed use;
(g)
Traditional neighborhood design (TND), subject to the standards and criteria of § 240-13C of this chapter, unless a different specific standard and criteria is set forth in this section;
(h)
Customary accessory uses;
(i)
Home office;
(j)
Essential services;
(k)
Day-care center, so long as the standards and criteria set forth in § 240-23B(2) of this article is met;
(l)
Houses of worship, so long as the standards and criteria set forth in § 240-23B(3) of this article are met;
(m)
Nursing, convalescent or rest home;
(n)
Bed-and-breakfast establishment;
(o)
Public grounds and public uses;
(p)
Places of public assembly;
(q)
Parking garage or structure (above or below ground);
(r)
Communications facilities, subject to the express standards and criteria stated in § 240-55 of this chapter except that the requirement of § 240-55I that self-supporting towers be sited no closer than 1,000 feet to any recorded plan of subdivision shall not be applicable to such towers in the IHPD; and
(s)
Accessory commercial, service and other nonresidential uses within residential land use category areas but not mixed use land use category areas (such as barber and beauty shops, convenience stores, gift shops, dry cleaners, coffee, candy, ice cream or delicatessen shop, neighborhood-type restaurant, and other personal services), where such uses are scaled primarily to serve the residents of the immediate neighborhood and the surrounding community. Such accessory commercial uses shall be reasonably compatible with and shall not exceed 10% of the land area of the subdivision with which they are associated.
(t)
The dimensional regulations for single-family attached, detached or semidetached dwellings, two-family dwellings, multifamily dwellings, multi-product plans or planned residential developments within any area designated on the illustrative site plan for combination residential land use shall be in accordance with the following table:
[3]
Minimum side-yard setback.
[a]
Single-family: five feet.
[b]
Multifamily dwelling (two stories or less): 10 feet.
[c]
Multifamily dwelling (three stories or more): 20 feet.
Note: side yards shall not be applicable to individual units within townhouses, two-family dwellings, triplexes, fourplexes, patio home buildings or the like.
[4]
Minimum rear-yard setback: 25 feet between single-family dwellings or when multifamily abuts single-family or single-family abuts nonresidential; 20 feet when multifamily abuts nonresidential; otherwise, 10 feet; garages, carports or similar structures may encroach up to nine feet into the rear-yard setback area. (NOTE: Garages of single-family detached and townhouse (row house) may be located on the rear lot line and accessed by a line or alley system.)
[6]
Maximum impervious surface coverage (includes building, parking and sidewalks):
(3)
Uses by right, business land use category.
(a)
Any use that as of January 1, 2009, is allowed by right or by conditional use approval in the C-1 General Commercial District;
(b)
Any use that as of January 1, 2009, is allowed by right or by conditional use approval in the C-2 Convenience Commercial District;
(c)
Any use that as of January 1, 2009, is allowed by right or by conditional use approval in the I-1 Light Industrial District, excluding truck terminal (which for purposes hereof shall mean an area predominately used for parking, storing or servicing trucks, including tractor trailer units), correctional institution and adult business;
(d)
Any use that as of January 1, 2009, is allowed by right in the BPD Business Park Planned District;
(e)
Nursing home or hospital as a permitted use so long as the standards and criteria set forth in § 240-28C(3) are met;
(f)
Planned shopping center as a permitted use so long as the standards and criteria set forth in § 240-28C(4) are met;
(g)
Mixed use;
(h)
Self-storage facility as a permitted use as long as the standards and criteria set forth in § 240-28C(10) are met;
(i)
Parking garage or structure (above or below ground);
(j)
Communication facilities, subject to the express standards and criteria stated in § 240-55 of this chapter, except that the requirement of § 240-55I that self-supporting towers be sited no closer than 1,000 feet to any recorded plan of subdivision shall not be applicable to such towers in the IHPD; and
(k)
Public grounds and public uses.
The dimensional regulations for any area designated on the illustrative site plan as business land use category, as well as any nonresidential uses permitted in the combination residential land use category, shall be in accordance with the following:
[1]
Minimum lot width at front-yard setback: 80 feet.
[2]
Minimum front-yard setback.
[a]
Office: 30 feet.
[b]
Flex-space building not facing residential use: 25 feet.
[c]
Flex-space building facing residential use: 50 feet.
[d]
Warehousing/manufacturing not facing residential use: 25 feet.
[e]
Warehousing/manufacturing facing residential use: 50 feet.
[f]
All other nonresidential uses: 20 feet.
[3]
Minimum side-yard setback.
[a]
Office not abutting residential use: 20 feet.
[b]
Office abutting residential use: 50 feet.
[c]
Flex-space building not abutting residential use: 15 feet.
[d]
Flex-space building abutting residential use: 50 feet.
[e]
Warehousing/manufacturing not abutting residential use: 15 feet.
[f]
Warehousing/manufacturing abutting residential use: 100 feet.
[g]
All other nonresidential uses not abutting residential use: 10 feet.
[h]
All other nonresidential uses abutting residential use: 25 feet.
[4]
Minimum rear-yard setback.
[a]
Office not abutting residential use: 25 feet.
[b]
Office abutting residential use: 30 feet.
[c]
Flex-space building not abutting residential use: 10 feet.
[d]
Flex-space building abutting residential use: 50 feet.
[e]
Warehousing/manufacturing not abutting residential use: 15 feet.
[f]
Warehousing/manufacturing abutting residential use: 100 feet.
[g]
All other nonresidential uses not abutting residential use: five feet.
[h]
All other nonresidential uses abutting residential use: 30 feet.
[6]
Maximum building coverage: see maximum impervious surface coverage.
[7]
Maximum impervious surface coverage - includes building, parking, and sidewalks: 85%, based on the area of all land, net of road right-of-way area and public utility easements identified on the illustrative site plan as nonresidential land use category.
(4)
Mixed use.
(a)
Any combination of uses permitted in either the residential land use (permitted only on land east of Morganza Road) category or nonresidential land use category shall be permitted by mixed use.
(b)
The minimum parcel size for a mixed use shall be three acres.
(c)
The maximum height for any mixed use building shall be 75 feet, or six stories, and so-called "zero-lot-line plans" shall be permitted within a mixed use. Area, bulk and dimensional requirements otherwise set forth in this section shall not apply to a mixed use, but such standards shall be established in light of the intent of this section for each parcel designated for mixed use by the Board of Supervisors at the time of submission of the site plan for the parcel.
(d)
Driveways, streets, roads, alleys and ring roads located solely within the IHPD District and designed to be internal to mixed use areas may be designated as private streets.
(e)
Each mixed use shall designate at least 10% of its gross area for open spaces, such as plazas, courtyards and sitting areas; all such open space shall be privately owned and maintained unless specifically accepted for public dedication by the Board of Supervisors.
(5)
Gross residential density. Gross density of all residential uses across the entire IHPD shall not exceed 2.25 units per acre of land within the large site shown on the illustrative plan. For example, if the illustrative site plan depicts a large site having a total area of 500 acres, then the maximum number of residential units that may be developed is 1,125 (500 by 2.25). The maximum number of units may then be spread or clustered throughout the entire IHPD so as to achieve the intent of this section and may exceed density limitations set forth elsewhere in this chapter, so long as appropriate buffering and protections for existing developed land adjoining the IHPD is provided by the developer.
(6)
(7)
Conditional or special exception uses. For purposes of this section, whenever a use listed as a "use by right" in a land use category authorized in an Interstate Highway Planned Development District (IHPD) has a cross-reference to specific criteria for a conditional use or use by special exception in § 240-23, the use by right shall be further subject to those criteria; however, the conditional use approval process for the IHPD shall supersede and replace the approval process otherwise required by § 240-23 for the individual conditional use or use by special exception. If a use by right listed in a land use category in an IHPD does not contain a cross-reference to the criteria for a conditional use or use by special exception in § 240-23, the criteria applicable to any such individual conditional use or use by special exception specified in § 240-23 shall not apply to that use by right listed in a particular land use category in an IHPD without such a cross-reference
(8)
Outdoor activities or uses. The display or storage of merchandise or seating out of doors is permitted within the IHPD District; provided, however, that the storage of merchandise (but not its display for sale) shall be subject to the screening standards and criteria of § 240-86C of this chapter.
(9)
Prohibited uses. Notwithstanding anything in this section to the contrary, the following uses are prohibited within the IHPD District:
(a)
Adult business;
(b)
Tattoo parlor;
(c)
Sexual encounter center;
(d)
Sale, display or activities involving lewd material;
(e)
Any mobile home park, trailer court, labor camp, junkyard, or stockyard (except that this provision shall not prohibit the temporary use of construction trailers during periods of construction, reconstruction, or maintenance); and
(f)
Any dumping, disposing, incineration or reduction of garbage.
G.
Parking.
(1)
Unless otherwise specified in this section, parking within the IHPD shall be in accord with Article IX of this chapter. Specific variations from Article IX of this chapter are:
(a)
Multifamily (including garden apartments or townhouses), one-bedroom unit or studio: 1.5 spaces plus one additional space for every 20 units;
(b)
Multifamily (including garden apartments or townhouses), two-bedroom units: 1.75 spaces plus one additional space for every 20 units;
(c)
Multifamily (including garden apartments or townhouses), three-or-more-bedroom units: two spaces plus one additional space for every 20 units;
(d)
Restaurants (all categories): one space per 100 square feet;
(e)
Banks and financial offices: one space per 300 square feet;
(f)
Automobile repair and fuel sales: one space per 300 square feet;
(g)
Hotel, motel, inn: one space for each guest unit plus one space for each 100 square feet of net floor area devoted to meeting rooms and/or ballrooms;
(h)
Convenience store (including automobile repair and fuel sales): one space per 300 square feet;
(i)
Hospitals: one space for every two beds plus one space for each staff or employee on peak shift;
(j)
Flex-space building: two spaces per 1,000 square feet.
(k)
Warehouse: one space per 4,000 square feet of floor area;
(l)
Outdoor seating areas: 50% of the required parking for the principal use; and
(m)
Drive-through facilities: five stacking spaces each not more than 20 feet in length to the first window in each lane designated for the exchange of money between the customer and the business.
(2)
Shared parking shall be encouraged throughout the IHPD and parking garages or structures are permitted throughout the IHPD. Shared parking areas may be located on adjoining separate properties or on a single site and, when on adjoining separate properties, shall be designed to allow for logical interconnections between the abutting properties as well as provide convenient pedestrian connection between the properties.
(3)
The number of shared parking spaces within an IHPD shall be subject to review and final approval by the Township's Board of Supervisors, evidenced by recorded legal agreements and/or cross-access easements or other suitable legal mechanisms, and shall be determined by calculation, utilizing the following formula: First calculate the total parking required using the above guidelines for all permitted uses that are seeking a shared parking arrangement. Once the gross number of spaces is calculated, divide by the corresponding (or lesser of three or more) factor below to get the minimum parking requirement. Lodging is considered "hotel, motel, inn."
 |
§ 240-39 Oil and Gas Overlay District.
A.
Purpose. It is hereby declared to be the purpose of this section to declare the development of oil and gas as a conditional use within the designated overlay zoning district established herein while excluding surface operations in designated areas of the Township.
B.
Creation of overlay district. Cecil Township hereby creates the following zoning overlay district in order to designate the areas within the Township in which oil and gas development may be permitted as a conditional use.
(2)
In the event that a homeowner or occupant of a dwelling other than a school district authorizes drilling activities within the overlay district, homeowners/occupants may authorize the waiver of the parameters of the drilling overlay district consistent with Pennsylvania law. The waiver by the homeowner/occupants of the dwelling and acceptance of the waiver by the Board of Supervisors shall not be read as an approval of drilling activities at the proposed location. Applicant must still receive conditional use approval prior to commencement of operations.
C.
Interaction with other ordinances. Any and all other ordinances and/or resolutions of Cecil Township, whether presently in effect or enacted in the future, that concern oil and gas development activities within Cecil Township, including but not limited to oil and gas wells, compressor stations and processing plants, shall be read in conjunction with this section such that this section establishes the areas in Cecil Township where those installations may be situated.
§ 240-39.1 Mixed-use districts.
[Added 4-1-2024 by Ord. No. 3-2024]
A.
Statement of intent. To create two districts for residential and commercial uses, respectively, with the goal of avoiding indiscriminate mixing of uses. In addition to the goals listed in Article I of this chapter and in the Land Use Plan Goals and Objectives of the Comprehensive Plan, the Mixed-Use Districts established by this chapter are intended to achieve the following:
(1)
To serve a twofold purpose and allow property owners to choose the type of development within a mixed-use district. It accommodates broader uses for residential living environments, allowing most types of residential dwellings, and offers property owners discretion in choosing the types of housing for properties under their control or ownership.
(2)
To provide for a variety of commercial uses. It steers businesses that tend to increase traffic impacts toward highways, while steering milder commercial uses toward more interior tracks.
B. APARTMENT HOTEL ASSISTED LIVING FACILITY COMMUNITY RESIDENTIAL FACILITY COMMUNITY RESIDENTIAL HOME COURT ADJUDICATED HOME DAY CARE CENTER DAY CARE HOME MAJOR HIGHWAY MIXED-USE
Definitions. As used in this section, the following terms shall have the meanings indicated:
An apartment hotel is a hotel comprised of lodging units that are owned by an individual, corporation, or any other legal entity having ownership interest under condominium form of ownership, and is part of a condominium property or parcel and the building contains individual lodging units which may be occupied on a limited basis by the lodging unit owner, but whose primary purpose is a visitor accommodation use. Each room which is accessible by lock-out key is considered a separate lodging unit for purposes of zoning and land use.
A residential building or group of buildings designed to provide multifamily dwelling units for elderly or physically or mentally disabled persons who are independently mobile and are not in need of the level of service provided by a personal care home, but which provide on-site supervision and assistance available to the residents on an occasional, "as-needed" basis, and where at least one meal each day is provided in a common dining area and which includes certain design features associated with the needs of the elderly which are not customary in the construction of conventional dwelling units, such as emergency call systems, common dining facilities, common laundry facilities, minimal housekeeping services, common leisure and recreational facilities, transportation services and similar supporting services for the convenience of the residents.
A state licensed residential facility providing a place of residence for more than four: foster children, intellectually disabled children, children with mental illness, or physically disabled children and including the required number of staff and live-in supervisors who provide service for such residents on a twenty-four-hour a day basis. For the purpose of this definition, a child is any person under the age of 18. This definition does not include rest homes, convalescent homes for the elderly, homes for adjudicated delinquents, or other court-sentenced individuals.
A state licensed residential facility providing a place of residence for not more than four: foster children, intellectually disabled children, children with mental illness, or physically disabled children and including not more than one live in supervisor who provide service for such residents on a twenty-four-hour a day basis. For the purpose of this definition a child is any person under the age of 18. This definition does not include rest homes, convalescent homes, homes for the elderly, homes for adjudicated delinquents, or other court sentenced individuals.
A state licensed residential facility providing a place of residence for not more than four individuals, whether minors or adults, and including the required number of staff and live-in supervisors who provide services for such residents on a twenty-four-hour a day basis. For the purpose of this definition, a resident is any individual serving a court ordered period of detention. Persons convicted of an offense of a violent nature are prohibited from residing in a court adjudicated home.
A facility, licensed by the Commonwealth of Pennsylvania, located within a building not used for dwelling purposes, for the care, during part of a twenty-four-hour day, for children under 16 years of age, handicapped persons, or elderly persons.
A facility, licensed by the Commonwealth of Pennsylvania, located within a dwelling for the care, on a regular basis during part of a twenty-four-hour day, of not more than seven children under 16 years of age, excluding care provided to children who are relatives of the provider, and which meets all standards required by this chapter.
A state route or interstate highway with limited access and a minimum of two lanes in each direction.
A designation for a parcel of land, building or a group of buildings where the intended occupancy includes multiple separate uses where said uses integrate some combination of allowed uses such as residential, office, retail, and other commercial creates a pedestrian oriented development.
C.
Residential Mixed-Use District.
(1)
Sewer and water. All residential mixed-use developments shall be served by public sewer and water.
(2)
A traffic study, including a parking analysis, shall be required for any new development within the Residential Mixed-Use District.
(5)
Use regulations.
(a)
The Residential Mixed-Use District developments shall provide a mixture of at least two of the above-mentioned residential uses. The area permitted for single-family uses shall be a minimum of 30% of the total development area. The area permitted for two-family dwellings and/or Townhouses shall be limited to a maximum of 10% of the total development area. The area permitted for multi-family and garden apartment uses shall be limited to a maximum of 10% of the total development area.
(b)
No more than six two-family townhouses, or condominium dwelling units shall be permitted in a single attached group or row.
(c)
High-rise structures shall not be permitted in this district.
(d)
Accessory uses customarily incidental to and on the same lot with any permitted use shall be permitted in the Residential Mixed-Use District.
(e)
The maximum density for the Residential Mixed-Use District shall not exceed more than eight dwelling units per gross acre measured over the entire development site.
(f)
Signs shall be permitted and are subject to the requirements of § 240-78 "Signs in Residential Districts."
(g)
All regulations of § 240-41 "Requirements for Planned Residential Development" shall be met, unless specifically addressed in this section.
Single-family | Two-family | Multi-family | Townhouse/Condominium | Garden Apartments | |
|---|---|---|---|---|---|
Minimum lot width (feet) | 50 | 50 | 80 | 18 per unit | 80 |
Front yard setback (feet) | 25 | 25 | 15 | 15 | 15 |
Side yard setback (feet) | 5 | 5 | 10 | 10 | 10 |
Rear yard setback (feet) | 25 | 25 | 20 | 20 | 20 |
Maximum building height | 45 feet or 3 stories | 45 feet or 3 stories | 45 feet or 3 stories | 45 feet or 3 stories | 45 feet or 3 stories |
(6)
Sidewalk and pedestrian amenities.
(a)
Sidewalks or other walkways acceptable to the governing body shall be provided along all streets or driveways.
(b)
Convenient pedestrian connections shall be provided from all building entrances to parking areas, open spaces and recreational areas.
(c)
Sidewalks or walkways shall connect to existing sidewalks on abutting tracts.
(d)
Site amenities such as bicycle racks, benches and trash receptacles shall be provided in appropriate locations.
D.
Commercial mixed-use district.
(1)
Sewer and water. All commercial mixed-use developments shall be served by public sewer and water.
(2)
A traffic study, including a parking analysis, shall be required for any new development within the Commercial Mixed-Use District.
(3)
Uses by right.
(b)
Single-family residential development in Planned Residential Development only.
(c)
Single-family dwelling, two-family dwelling, multi-family dwelling, townhouse dwellings, garden apartment dwellings, condominium dwellings, or a mixture thereof, all as part of a comprehensive residential Planned Residential Development only, provided, if the Planned Residential Development includes residential uses other than single-family dwellings, then it must be located within 2,000 feet from an access point to a major highway.
[1]
Shall be subject to the PRD regulations of the R-2 District except as noted herein.
[2]
A fifty-foot perimeter buffer easement shall be provided along all property lines with the exception of a twenty-five-foot perimeter buffer easement when the use abuts another residential use or zoning district.
[3]
The height limitation for all residential buildings shall be five stories or 75 feet, whichever is less.
[4]
With respect to PRDs in a Commercial-Mixed Use District, § 240-43A(2) shall be modified to read as follows: "Accessory commercial, service and other nonresidential uses (such as barber and beauty shops, convenience stores, gift shops, dry cleaners, candy or ice cream or delicatessen shop, excluding sit-down trade, and other personal services) may be permitted or required where such uses are scaled primarily to serve the residents of the PRD and the surrounding community. Because of the primarily residential nature of a PRD, only those commercial uses compatible with reasonably associated residential development shall be permitted. No industrial uses shall be permitted."
[5]
PRDs in a Commercial-Mixed Use District shall not be limited to eight dwelling units per acre of site area as set forth in § 240-43D.
[6]
A minimum of 20% of the land area of the development parcel shall be developed as a non-residential use.
(d)
Art, music, or photography studio.
(e)
Assisted living facility.
(f)
Bakery.
(g)
Bicycle shop.
(h)
Book or stationery store.
(i)
Card and gift shop.
(j)
Candy or ice cream shop.
(k)
Catering service.
(l)
Convenience store.
(m)
Craft or hobby shop.
(n)
Day care center.
(o)
Dry cleaning store.
(p)
Financial institution.
(q)
Florist, excluding greenhouses.
(r)
Newsstand.
(s)
Nursing, convalescent or rest home.
(t)
Personal services.
(u)
Business and professional offices.
(v)
Self-storage facility.
(w)
Specialty food store.
(x)
Community center, private or public.
(y)
Club, lodge or fraternal organization.
(z)
Essential services.
(aa)
Apparel and clothing accessory store.
(bb)
General retail merchandise store.
(cc)
Public building.
(dd)
Veterinary animal hospital.
(4)
Uses by right required to front state roads.
(a)
Apartment hotel.
(b)
Coin-operated laundry.
(c)
Pharmacy.
(d)
Eating establishment, including restaurant, lunch counter, and delicatessen.
(e)
Sporting goods store.
(f)
Funeral home, not including crematorium.
(g)
Hospital - limited to 20 beds.
(h)
Post office.
(i)
Furniture, home furnishings, hardware, and household appliances store.
(j)
Food store, including supermarket and bakery where food products are to be sold only at retail on the premises.
(k)
Business service.
(5)
Conditional uses.
(a)
Day care home.
(b)
House of worship.
(c)
Greenhouse - Minimum of five acres track or parcel, with a fifty-foot perimeter buffer easement, as described in § 240-41B(4) of this chapter, abutting residential uses or residentially zoned properties. A twenty-five-foot perimeter buffer easement, as described in § 240-41B(4) of this chapter, abutting all other property lines including street right-of-way.
(d)
Tavern.
(e)
Kennel.
(f)
Community residential facility.
(g)
Court adjudicated home.
(6)
Use regulations.
(a)
Unless specifically noted, all uses shall conform to the C-1 Zoning District Area and Bulk regulations.
(b)
All commercial uses on tracts or parcels of land over 25 acres shall have a fifty-foot perimeter buffer easement, as described in § 240-41B(4) of this chapter, along all property lines abutting residential uses or residential zoned properties. All commercial uses on tracts or parcels of land less than 25 acres shall provide a thirty-five-foot perimeter buffer easement, as described in § 240-41B(4) of this chapter, along all property lines abutting residential uses or residentially zoned properties. Perimeter buffer easements shall not be required on any public road frontage.
(c)
Accessory uses customarily incidental to and on the same lot with any permitted use shall be permitted in the Commercial Mixed-Use District.
(7)
Sidewalk and pedestrian amenities.
(a)
Sidewalks or other walkways acceptable to the governing body shall be provided along all streets or driveways.
(b)
Convenient pedestrian connections shall be provided from all building entrances to parking areas, open space, and recreational areas.
(c)
Sidewalks or walkways shall connect to existing sidewalks on abutting tracts.
(d)
Site amenities such as bicycle racks, benches and trash receptacles shall be provided in appropriate locations.