Concord Township City Zoning Code
ARTICLE XXVII
Conditional Uses
§ 210-236 Purpose.
[Amended 1-5-1998 by Ord. No. 221; 1-4-2000 by Ord. No. 245]
A.
B.
The reason for a use being made conditional is the unusual impact it may exert upon one or more of the following: the public health, safety, morals, general welfare, coordinated and practical community development, proper density of population, emergency management preparedness and operations, airports and national defense facilities, the provisions of adequate light and air, access to incident solar energy, police protection, vehicle parking and loading space, transportation, sewerage, schools, recreational facilities, public grounds, the provision of a safe, reliable and adequate water supply for domestic, commercial, agricultural or industrial use and other public requirements.
C.
In addition, the purpose of the use being made conditional is to prevent one or more of the following: overcrowding of land, blight, danger and congestion in travel and transportation, loss of life, health or property from fire, flood, panic or other dangers.
D.
In addition, the purpose of the use being made conditional is to preserve the natural, scenic and historic value in the environment and preserve forests, wetlands, aquifers and floodplains.
§ 210-237 Procedure.
[Amended 1-5-1998 by Ord. No. 221; 1-4-2000 by Ord. No. 245]
A.
If, in reviewing an application for development, the Zoning Officer rules that the processing of the application requires approval of a conditional use, the Zoning Officer shall refer the application to the Township Council and shall send copies to the Township Planning Commission for review. The application shall be in such form and with such supporting data as the Township Council may prescribe. The appropriate application fee, prescribed by resolution of the Township Council from time to time, shall be paid in advance.
B.
Upon receipt of complete application and fees for conditional use, the Planning Commission shall schedule it for preliminary consideration and discussion at a regular or special meeting. The Planning Commission shall advise the Township Council whether the general and specific standards and criteria are met and whether conditions and/or restrictions should be attached to any approvals.
C.
The Planning Commission shall be authorized to require of the applicant such further engineering data, test reports, maps, surveys, plot plans, landscape plans, technical information, offers of dedication, bonds and other undertakings as may be necessary to determine and ensure compliance with the standards and criteria hereinbefore and hereinafter set forth.
D.
If the application involves a land development, a detailed plan review shall be required by the Township after the application of the conditional use has been acted upon by the Township Council. This review shall be in accordance with procedures outlined in Chapter 160, Subdivision and Land Development, of the Code. If the applicant wishes to provide the necessary documentation, the Township may consider the concurrent review of the conditional use requested and the detailed plans for the development. Time limits for review of the detailed plans, if necessary, will be governed by Chapter 160, Subdivision and Land Development, of the Township's Code.
E.
No conditional use shall be approved by the Township Council unless, or except to the extent that, the general and specific standards and criteria are met and appropriate conditions and restrictions are attached to the approval to ensure continuing compliance therewith. The general standards and criteria are set forth below.
(1)
Taking into consideration the character and type of development in the area surrounding the proposed conditional use, such use, as permitted, shall be consistent with the Comprehensive Plan and shall not substantially injure or detract from the use of surrounding property or from the character of the neighborhood.
(2)
Existing public roads shall be adequate to serve additional traffic reasonably likely to be generated by the proposed use.
(3)
Development of the property for the proposed use shall promote or be consistent with the coordinated and practical community development, the provision of adequate public and community services, the public health, safety, morals and general welfare.
(4)
If the proposed site would be created by subdivision of a larger tract or parcel, the balance of such tract or parcel remaining shall be adequate and appropriate for its existing and continuing use in accordance with the foregoing standards.
(5)
Development of the property for the proposed use shall, if approved, be subject to and governed by the provisions of the Concord Township Code, Chapter 160, Subdivision and Land Development, as amended, except as modified by this article and by the requirements of the Commonwealth of Pennsylvania, Department of Environmental Protection.
(6)
Development of the site for the proposed use shall be susceptible to regulation by appropriate conditions and restrictions to:
(a)
Ensure compatibility of any building to be erected or altered with the surrounding area in terms of size, shape, materials and placement of structures; and preservation and restoration of any historic buildings.
(b)
Control traffic, noise, signs, lights, parking and other anticipated activity upon the premises to avoid or minimize any adverse effect upon the peace, quiet, privacy and the character of the surrounding area.
(d)
Require, where appropriate, that the applicant enter into agreements to impose upon the property such deed restrictions as are, in the opinion of the Township Council, necessary and reasonable to assure the continuation of conditions imposed upon approval of the development.
(e)
Require that the applicant make provision for the safe flow of anticipated normal daily traffic in the immediate vicinity of the development and provide more than one means of ingress and egress and adequate deceleration lanes.
(f)
Permit staged development and set deadlines for such development and staging and conditions for the proper maintenance of that portion of the property not being developed.
F.
The Township Council shall conduct a full review of the application and shall hold at least one public hearing thereon not later than 60 days from the date of the applicant's request for a hearing. The cost of such public hearings shall be borne by the applicant. Notice of the public hearing shall be given to those persons and agencies who would be entitled to notice if the same premises were the subject of an application to the Zoning Hearing Board for special exception and to all others who have registered their names with the Zoning Officer for that purpose.
G.
After a full review of the application, the Township Council shall renter a written decision, or when no decision is called for, make written findings on the application. Where the application is contested or denied, the decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Such decision or written findings shall be made by the Township Council no later than 45 days after the last hearing.
H.
The Township Council may attach reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter.
I.
The Township Council shall approve or disapprove the application by resolution and shall send a written notification to the applicant within 10 days of the decision.
J.
The Township Council, as a condition of approval, may require the execution of a developer's agreement containing the conditions and requirements of the development.
K.
Unless otherwise provided in the resolution of approval, the applicant shall be entitled to proceed with the submission of either land development or subdivision plans within a period of six months from the date of approval. The Township Council, as a condition of approval, may require the applicant to proceed with the submission of either land development or subdivision plans within a period of six months of the date of approval.
§ 210-238 Special conditions for conditional uses.
A.
The Township shall approve any conditional use proposed if it finds that the use meets all the applicable objectives and requirements indicated below, complies with all the site plan review criteria set forth in Chapter 160, Subdivision and Land Development, and complies with other applicable provisions of this chapter. For certain conditional uses, the criteria governing them appear in this section below instead of in the article in which the use appears. A list of such conditional uses appears below with a reference in each case to the subsection in which the special conditions for that use begin.
[Amended 6-4-1991 by Ord. No. 180; 11-7-1995 by Ord. No. 200; 3-4-1997 by Ord. No. 210; 1-4-2000 by Ord. No. 245; 1-2-2001 by Ord. No. 255]
B.
Single-family detached dwelling, involving five or more lots.
[Amended 1-5-1998 by Ord. No. 221; 1-4-2000 by Ord. No. 245; 1-2-2001 by Ord. No. 255]
(1)
The applicant shall demonstrate that a conventional layout of one-acre lots will have less environmental impact than a single-family cluster development in accordance with § 210-12A, in terms of less wetland impact, and/or less floodplain impact, and/or less tree removal impact, and/or less steep slope impact, and/or less wildlife habitat impact, and/or less farmland displacement impact, and/or less scenic resource impact, and/or less historic resource impact. If the applicant cannot demonstrate that the conventional subdivision lots will have less impact, then a cluster development plan in accordance with § 210-12, 210-20 or 210-28 shall be prepared to better conserve or preserve critical environmental and cultural resources.
(2)
Where development of less than the entire tract is intended, or where the tract is intended to be developed at less density than conventional one-acre lots would permit, the applicant may be required to file a development plan for the entire parcel or may be required to restrict further subdivision and/or development on the remainder of the tract by recorded covenant or agreement.
C.
Cemetery.
(1)
Development standards. A cemetery use may be authorized as a conditional use in accordance with the requirements and procedures set out in this article, provided that such use, in order to be authorized, shall meet the following development requirements:
(a)
No lot or tract of ground shall be authorized to be used as a cemetery unless it shall be at least 50 acres in size and shall be held in single and separate ownership.
(b)
Accessory uses permitted in connection with cemetery use shall be limited to:
(c)
Building coverage. Not more than 3% of the total lot or tract may be occupied by buildings.
(d)
Setback and buffer areas.
[1]
Highway or street frontage. There shall be a setback of at least 75 feet between any grave site and/or any buildings or other structure and any highway or street abutting a cemetery use. No roadway shall be placed or located in said setback, except as may be necessary for ingress and egress purpose.
[2]
Adjoining properties. There shall be not less than 200 feet between any grave site or building or other structure and any boundary of the cemetery premises with any adjoining residence district. No roadway shall be located within 150 feet of any such boundary.
[3]
All boundaries of any lot or tract to be devoted to cemetery use shall be planted with an appropriate screen of evergreens and deciduous plantings for a depth of 25 feet except for those areas to be used for ingress and egress. No roadway shall be placed or located in said setback except as may be necessary for ingress and egress purposes.
(e)
Parking. Approval of a cemetery use as a conditional use shall be subject to the requirement that adequate parking space be provided for employees, for chapel use and along the internal roads to accommodate funeral use. Adequacy shall be governed by the requirements of Article XXII, Off-Street Parking and Loading Requirements.
D.
Bed-and-breakfast homestay.
[Added 6-4-1991 by Ord. No. 180]
(1)
Conditions to meet for receipt of conditional use. A facility must meet the following conditions:
(a)
It shall be located in an existing structure determined to be of historical significance to the Township or possessing unique value and deserving of being preserved due to age, architectural significance or association in the perception of the public with a prominent person or family of the state, county or Township. An inventory of such existing structures is set forth in the Delaware County Historic Survey of June 1983 for Concord Township.
(b)
The use shall be accessory to a main use of a private owner-occupied residence that is permitted in the residential district where the structure is located, and not operated primarily as a business.
(c)
The structure, except that portion used for the bed-and-breakfast homestay facility, shall be occupied and used solely by the residential occupant and members of his/her family.
(2)
Standards of facility.
(a)
No more than three guest rooms may be located in or used for guests in any facility.
(b)
Each facility shall have at least two bathroom facilities for the exclusive use of the guests, provided that a facility containing only one guest room need only provide one bathroom facility. The bathroom facility shall contain a toilet, wash basin and a bath and/or shower, as certified and permitted by the Township Plumbing Inspector.
(c)
Each facility shall be serviced by an adequate sewage system for both the main use and the accessory use, as certified and permitted by the Township Sewage Enforcement Officer.
(d)
Each facility shall provide on the premises a minimum of one off-street parking space for each guest room, and one for each employee on the shift having the greatest employment, in addition to adequate and separate parking facilities for the occupants/owners of the facility. Parking for guests and employees shall be permitted only in the side or rear yard of the facility, and such parking areas shall be screened by appropriate plantings, at least five feet wide and eight feet high, to buffer all adjacent properties zoned residential.
(e)
The outside of the structure shall not be added to, altered or changed to accommodate the facility, except as might be required by state or local authorities for fire and safety purposes.
(f)
Any and all signs on the premises and/or the structure shall be in accordance with Article XXIII of this chapter and any applicable amendment thereto.
(g)
The kitchen and eating area and facilities to be used in providing food and beverage to the guests shall meet all applicable health, safety and sanitary requirements of state and local authorities. There shall be no separate kitchen or cooking facilities in any guest room. Food service shall be limited to breakfast and afternoon tea only.
(h)
Each facility shall maintain a guest register, which shall list the name, address and motor vehicle make, model and license number of each guest, which guest register shall be open for inspection by proper local officials during normal business hours.
(i)
Guests shall not remain in the same bed-and-breakfast homestay for more than 30 consecutive days in a twelve-month period.
(3)
Permits. In addition to any required building, zoning, plumbing and/or sewage permits, each facility shall require an operations permit issued by the Township Council of Concord Township. All permits shall expire on December 31 of each year. Applications for the initial permit and each renewal permit shall be on forms prepared by the Township, designed to assure that the facility will be operated and maintained in accordance with the provisions of all applicable ordinances of the Township and any conditions imposed upon the grant of the conditional use. Each application for a permit or a renewal permit shall be accompanied by a permit fee in an amount as determined from time to time by the Township.
E.
Adult entertainment uses.
[Added 11-7-1995 by Ord. No. 200]
(1)
Objectives.
(a)
Because adult entertainment uses tend to bring with them secondary concerns that impact on the health, safety and general welfare concerns of Concord Township, the Township desires to restrict or limit the location where such uses can locate.
(b)
The Township does not intend to affect or suppress any activities protected by the First Amendment of the United States Constitution, but instead address these secondary effects. Neither is it the intent nor effect of these provisions to condone or legitimize the distribution of obscene material. Neither is it the intent to permit any use which is prohibited by the provisions of Township Ordinance No. 198 and Ordinance No. 199.[1]
(c)
Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the Township Council, and on findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), and Northend Cinema, Inc. v. Seattle, 585 P.2d 1153 (Wash. 1978), and on studies in other communities, including but not limited to Phoenix, Arizona; Minneapolis, Minnesota; Saint Paul, Minnesota; Manatee County, Florida; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Los Angeles, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; and Beaumont, Texas, and also on findings found in the Report of Attorney General's Working Group on the Regulation of Sexually Oriented Businesses (June 6, 1989, State of Minnesota), the Township Council finds that:
[1]
Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that may go uncontrolled by the operators of the establishments. Further, there is presently no mechanism to make the owners of these establishments responsible for the activities that occur on their premises.
[2]
Certain employees of sexually oriented businesses defined in this chapter as adult theaters and cabarets engage in higher incidence of certain types of sexually oriented behavior at these businesses than employees of other establishments.
[3]
Sexual acts, including masturbation, oral and anal sex, occur at sexually oriented businesses, especially those which provide private or semiprivate booths or cubicles for viewing films, videos or live sex shows, as defined under this chapter as adult bookstores, adult novelty shops, adult video stores, adult motion-picture theaters or adult arcades.
[4]
Offering and providing such space encourages such activities, which create unhealthy conditions.
[5]
Persons frequent certain adult theaters, adult arcades and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses.
[6]
At least 50 communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (AIDS), genital herpes, hepatitis B, Non A/Non B, amebiasis, salmonella infections and shigella infections.
[7]
Since 1981 and to the present, there has been an increasing cumulative number of reported cases of AIDS caused by the human immunodeficiency virus (HIV) in the United States: 600 in 1982, 2,200 in 1983, 4,600 in 1984, 8,555 in 1985 and 253,448 through December 31, 1992.
[8]
As of May 1, 1995, there have been 13,559 reported cases of AIDS in the State of Pennsylvania.
[9]
Since 1981 and to the present, there have been an increasing cumulative number of persons testing positive for the HIV antibody test in Delaware County, Pennsylvania.
[10]
The number of cases of early (less than one year) syphilis in the United States reported annually has risen, with 33,613 cases reported in 1982 and 45,200 through November of 1990.
[11]
The number of cases of gonorrhea in the United States reported annually remains at a high level, with over one-half million cases being reported in 1990.
[12]
The surgeon general of the United States, in his report of October 22, 1986, has advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components and from an infected mother to her newborn.
[13]
According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.
[14]
Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.
[15]
Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view adult-oriented films.
[16]
The findings noted in Subsection E(1)(c)[1] through [15] raise substantial governmental concerns.
(d)
The purpose of these conditional use provisions is to minimize, where conditions permit, the secondary concerns which include difficulties for law enforcement, municipal maintenance, trash, deleterious effects on business and residential property values, increased crime, particularly corruption of the morals of minors, and prostitution, and encouraging residents and businesses to move elsewhere.
(2)
Yard and area regulations.
(a)
In addition to the yard and area regulations applicable to all uses permitted pursuant to the provisions of Article XVII, no adult entertainment use shall be located:
[1]
Within 1,000 feet of:
[a]
A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;
[b]
A public or private educational facility, including but not limited to child day-care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities; "school" includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school;
[c]
A licensed premises, licensed pursuant to the alcohol beverage control regulations of the Commonwealth of Pennsylvania;
[d]
Any other adult entertainment use;
[2]
Or within 800 feet of a boundary of a residential district as defined in this Zoning Code;
[3]
Or within 500 feet of:
[a]
A public park or recreational area which has been designated for park or recreational activities, including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the Township which is under the control, operation or management of the Township park and recreation authorities, or other similar land within the Township which is under the control, operation or management of private parties and open and available for use by the general public;
[b]
An entertainment business which is oriented primarily towards children and family entertainment;
[4]
Or within 400 feet of the right-of-way line of U.S. Route 1 (Baltimore Pike), Wilmington-West Chester Pike (Route 202) or Pennsylvania highway Route 322 (Conchester Highway).
(b)
For the purpose of Subsection E(2)(a), Yard and area regulations, of this section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of a use listed in Subsection E(2)(a). Presence of a municipal, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this Subsection E(2).
(3)
Screening and buffering. Any lot which is to be used for any adult entertainment use shall contain screening and buffering along property lines adjoining other zoning districts in accordance with the provisions of Article XXI, Landscaping.
(4)
Data. Sufficient additional data shall be submitted to enable the Planning Commission and the Township Council to determine that the requirements of this chapter and other ordinances of the Township relevant to the proposed use have been fulfilled and that the owners and operators of proposed adult entertainment facilities demonstrate a desire and ability to comply with the ordinances of the Township and to prevent their establishments from being used for any illegal activities.
F.
Personal care facility.
[Added 3-4-1997 by Ord. No. 210]
(1)
Objectives: to set forth the criteria for the use of a property as a personal care facility. Except where these criteria explicitly replace the criteria for a conditional use in a C-2 Planned Business and Commercial District, these criteria shall supplement those set forth in Article XIV of this chapter of Concord Township. The use shall meet all licensing and certification requirements of state and other regulating agencies.
(2)
Yard and area regulations.
(a)
Lot and building area. The lot or group of lots on which the personal care facility is to be located must have a total area of at least five acres. The maximum percentage of the site area covered by buildings shall not exceed 20%.
(b)
Density. The number of beds permitted in the assisted care facility shall not exceed 25 beds for every acre that comprises the building development lot or group of lots on which the facility is constructed. No more than two beds shall be permitted in a residential living unit in the personal care facility.
(c)
Minimum building setback.
[1]
Front yard. There shall be a building setback on each street on which a site abuts which shall be not less than 100 feet in depth from the ultimate right-of-way line. The front yard shall be planted with an all-season ground cover not to exceed one foot in height, except as may be otherwise mandated by any buffering requirements.
[2]
Side yards. For each building or unified group of buildings erected on a building development lot or group of lots there shall be two side yards, neither of which shall be less than 20 feet in width, provided further that the combined width of both side yards shall total a minimum of 50 feet.
[3]
Rear yard. There shall be a rear yard that shall not be less than 75 feet in depth.
[4]
Minimum lot width at building line. The width of the building development lot or group of lots on which a personal care facility is to be erected must be at least 200 feet at the building line.
[5]
Minimum lot width at street line. Where the building development lot or group of lots on which a building is to be erected fronts a public street, the lot must be at least 250 feet wide.
[6]
Impervious coverage. The maximum percentage of the lot covered by buildings, driveways, parking lot surfaces, walkways and other impervious surfaces shall not exceed 40%.
[7]
Minimum required frontage. The building development lot or group of lots to be used as the site for a personal care facility must have at least 200 feet of frontage on a public principal arterial street or collector street, as defined in § 160-8 of Chapter 160, Subdivision and Land Development, and mapped in Appendix G thereto.
(3)
(4)
Utilities. A personal care facility must be served by public sewer and public water.
(5)
Construction and layout.
(a)
Site layout. The buildings, streets, driveways and related structures shall be laid out and constructed with the intent of encouraging an attractive facility on a large site with the buildings sited as compactly as is reasonably feasible and in a manner intended to duplicate the appearance and feel of a small, integrated community or village. The physical design of the personal care facility and the appurtenant improvements shall provide for adequate control of vehicular traffic, make adequate provisions for public water, public sewer, erosion and sedimentation control, stormwater management, fire protection and other public services and further the amenities of light, air and visual enjoyment.
(b)
Physical appearance of buildings. The buildings comprising the personal care facility shall be architecturally designed and constructed so as to integrate to the extent that is reasonably practical with the existing development and existing land use adjacent to the site. If practical, the buildings shall be oriented with a gable end facing a street frontage and shall appear to be residential in nature. No building shall exceed three stories or 35 feet in height.
(c)
Access. There shall be at least two separate means of access to the personal care facility, each of which is of a sufficient size to provide uninhibited ingress and egress to emergency vehicles and which complies with Article XXIV, § 210-220. In addition, street access that complies with Article XXIV, § 210-220, shall be provided to the front, both sides and back of the personal care facility.
(d)
Loading and delivery areas. There shall be provided areas for loading and unloading of delivery trucks and other vehicles and for servicing permitted establishments with refuse collection, fuel and other service vehicles, which areas shall be located at the side or rear of the buildings, shall be adequate in size, shall be so arranged that they may be used without blockage or interference with the use of the accessways or parking facilities, shall be located as far as possible from the residential areas of the personal care facility and shall be constructed so as to be as unobtrusive as possible and screened from abutting properties through landscaping, berming, fencing or other appropriate measures. There shall additionally be at least one entrance to which there is unobstructed access in accordance with the provisions of Article XXIV, § 210-220, of this chapter. The entrance shall be constructed so that when an emergency vehicle such as an ambulance is parked at the entrance, shelter from the weather is provided to a person who is being loaded or unloaded at the personal care facility.
(e)
Parking.
[1]
Off-street parking shall be provided at the ratio of 1/2 parking space per bed, plus one parking space for each employee who works on the shift with the highest number of employees; provided, however, that only 75% of the total number of spaces calculated under the formula set forth above need be constructed at the time that occupancy of the personal care facility first begins. The construction of the remaining 25% of the total number of spaces calculated under the formula set forth above may be required at any later time at the sole discretion of the Township Council of Concord Township, upon a finding that the parking required for the facility requires the extra spaces.
[3]
Parking in the front yard shall be limited to spaces to be used for visitors, resident pickup and dropoff and shall not exceed, where possible, 25% of the total parking.
(f)
Pedestrian facilities. Pedestrian amenities shall be located where appropriate around the personal care facility and the building development lot or group of lots on which the facility is located. These amenities may include, but are not limited to, bus stop shelters, benches and sidewalks. Crosswalks shall be line-striped across all streets in compliance with § 160-42B of Chapter 160, Subdivision and Land Development, at intersections; where street crossings are appropriate for the safety of the personal care facility's residents; or where sidewalks would otherwise extend across the street.
(6)
Landscaping.
(a)
All landscaping shall comply with Article XXI of this chapter. The amount of landscaping, berming and buffering may be enlarged as a condition to granting the use approval where the Township Council determines that it is reasonably necessary.
(b)
The landscaping is encouraged to include vertical elements such as hedges, fences, walls, pergolas, gazebos and pavilions.
(7)
Signs. All signs associated with the personal care facility shall comply with Article XXIII of this chapter as it existed at the time the signs were installed or otherwise erected.
(8)
Procedure to obtain approval of use. The procedure for obtaining approval for the use of a building development lot or group of lots as the site for a personal care facility shall conform to the procedure set forth in Article XXVII, § 210-237, of this chapter of Concord Township, or any successor ordinance.
G.
Power generation facility.
[Added 7-5-2000 by Ord. No. 249]
(1)
Any subdivision, land development or construction activity within 300 feet of a historic resource shown on the Historic Resources Map shall be subject to the provisions of Article XIXA relating to historic preservation.
(2)
Such facility shall not exceed one acre in size.
(3)
No more than one such facility may be constructed within a contiguous Municipal/Institutional District.
(4)
All buildings at such facility shall be limited to 30 feet in height.
(5)
Such facility shall be set back at least 50 feet from all property lines.
(6)
All buildings at such facility shall be screened by evergreen trees of at least 10 feet in height at the time of installation.
(7)
The noise levels at the lot lines of such facility shall not exceed 57 decibels (dB) at any time.
H.
Transfer of liquor license.
[Added 1-2-2007 by Ord. No. 309]
(1)
Any establishment that receives a transfer of a liquor license shall:
(c)
Provide for safe and convenient vehicular ingress and egress, and mitigate any adverse traffic impacts that are created.
(d)
Provide for the on-site safety and security of patrons.
(e)
Submit a land development plan in accordance with Chapter 160, Subdivision and Land Development, and address all requirements pertaining to sidewalks, parking lots, parking lot lighting and landscaping, streetlights, street trees, screening and buffering, other landscaping, stormwater management, soil erosion and sedimentation control, and the like.
(f)
Apply for and receive permits for any grading, building, construction, signage, curb cuts, or other site conditions.
(g)
Meet all yard and area regulations, including, but not limited to, lot area, lot width, total impervious coverage, total building area coverage, minimum structure setbacks, height, and the like.
(h)
Provide for 10 additional feet in width of a landscape screen or buffer against any lot used or zoned for residential use, within which a continuous row of evergreen trees at a minimum height of eight feet shall be installed and maintained.
I.
Transfer of development rights.
[Added 5-1-2007 by Ord. No. 311]
(1)
Purpose. The primary purpose of transfer of development rights (TDR) is to permanently preserve features such as prime farmland, critical environmental areas, and open space that would be lost if land were to be developed. In addition, this section is intended to protect property rights by allowing landowners whose land is proposed for preservation to transfer their right to develop to other areas of the Township deemed appropriate for higher intensity development based on the availability of infrastructure (public water, public sewer, better roads). It is the particular intention of this subsection that the transfer of development rights be utilized to preserve and conserve resources, such as but not limited to:
(2)
Concept.
(a)
The provisions of this section which permit transfer of development rights allow landowners in areas of Concord Township proposed for preservation and conservation, called "sending areas," to sell the right to develop all or a portion of their land to landowners in areas of Concord Township proposed for additional development, called "receiving areas." The transfer of development rights provisions set forth below are specifically authorized under Sections 603(c)(2.2) and 619.1 of the Pennsylvania Municipalities Planning Code,[3] under the terms of which development rights are acknowledged to be severable and separately conveyable from a sending area to a receiving area.
[3]
Editor's Note: See 53 P.S. §§ 10603(c)(2.2) and 10619.1.
(b)
The sending areas shall be from the R-1, R-2, R-2D, or R-3 Districts, as limited by the sending area qualifications below.
(c)
The receiving areas shall apply to the C-1 District portion of the Concordville Village Overlay District, and as further limited by the receiving area qualifications below.
(d)
When landowners in a sending area sell their right to develop all or a portion of their land, they must create a restrictive covenant or a conservation easement against any future development on that portion of land from which development rights are sold. However, the land may still be used for purposes that do not involve development, such as agriculture or forestry. When landowners in a receiving area buy the development rights from landowners in a sending area, they receive the right to build at a greater intensity or density on their land than would otherwise be permitted if they had not purchased development rights.
(e)
Restrictive covenants or conservation easements imposed in a sending area will not affect the landowner's ability to sell the property after the development rights have been sold, although such land cannot ever be used for development purposes. The restrictive covenant or conservation easement on the land from which the development rights have been sold shall run in favor of the Township or an approved conservation organization.
(f)
The owner of the tract in a sending area from which the development rights are sold or any subsequent purchaser or purchasers of the development rights may declare the development rights for sale, may hold the development rights or may resell the development rights. The only use which may be made of the development rights is the ultimate transfer to a developer with a tract in a receiving area. The Township shall have no obligation to purchase the development rights which have been sold from a tract in a sending area.
(3)
Sending area qualifications and calculations. Owners of tracts which meet the following requirements may sell their development rights:
(a)
Sending area qualifications.
[1]
A sending area tract of land shall be located within the R-1, R-2, R-2D, or R-3 Districts. The tract shall have a minimum land area of 10 gross acres, and shall contain at least one of the following resource features, such as but not limited to:
[3]
The land within the sending area tract to be restricted shall be contiguous and shall be of a regular configuration not less than 150 feet in width at the narrowest dimensions, except where infeasible due to the preexisting configuration of the tract.
(b)
Calculation of transfer of development rights.
[1]
The total number of development rights which may be sold shall be based upon the maximum number of single-family detached dwellings which are permitted to be developed on the net transferable area of a sending area tract under the zoning regulations for the R-1, R-2, R-2D, or R-3 Districts.
[2]
Net transferable area shall be measured in acres and shall be determined by subtracting the following from the gross tract acreage:
[a]
The features excluded under the "lot area" definition.
[b]
The number of existing dwelling units on the tract multiplied by the minimum lot area required under the R-1, R-2, R-2D, or R-3 District regulations.
[c]
Land used for nonresidential purposes unless used for agriculture, public parkland or similar use. The amount of land subtracted for each nonresidential use shall be at least as large as the minimum lot area required under the R-1, R-2 or R-2D District regulations and shall be large enough to fully contain the use and all required yard setbacks for such use.
[d]
Development rights previously sold or land previously restricted from development by restrictive covenant, or conservation easement, shall be subtracted from any application of transfer of development rights to the extent of the restriction(s) in force unless and until such time as said restrictive covenant or conservation easement is dissolved or rescinded with agreement of all beneficiaries of such restrictive covenant or conservation easement.
[3]
The landowner shall produce calculations to indicate:
[a]
The gross tract acreage of the sending area tract of land.
[b]
The acreages of the items set forth in Subsection I(3)(b)[2] (re: calculation of net transferable area).
[4]
The net transferable area, in square feet, shall then be divided by the minimum required lot area for single-family detached dwellings in the R-1, R-2, R-2D, or R-3 District to produce the maximum number of dwellings permitted on the tract and the maximum number of transfer of development rights available on the sending area tract. (If a fractional number results, then it should be rounded down.)
[5]
The maximum number of transfer of development rights based on the number of lots or dwelling units feasible under the base zoning district regulations shall be subject to review by the Township to confirm that the indicated number of lots is feasible in accordance with the ordinances of Concord Township and based on the Township's geographic information system (GIS) mapping. However, the Township reserves the right to request that the landowner provide plans to determine development feasibility if the analysis of GIS mapping needs to be supplemented, as determined by the Township Engineer.
(c)
Sale of transfer of development rights.
[1]
Transfer of development rights which have been severed shall be conveyed by a deed of transferable development rights duly recorded in the Office of the Delaware County Recorder of Deeds. The deed of transferable development rights shall specify the tract or tracts of land within eligible receiving area(s) to which the rights shall be permanently attached or that the rights shall be transferred to the Township, retained by the owner of the sending area tract, or another person in gross.
[2]
The deed of transferable development rights which pertains to the sale of development rights from the sending area tract(s) shall be accompanied by restrictive covenants or conservation easements suitable in form and substance to the Township Solicitor, which shall permanently restrict future development of the sending area tract(s) as provided in Subsection I(3)(d), and which shall be recorded in the Office of the Recorder of Deeds at the time of, or prior to, the deed of transferable development rights.
[3]
All deeds of transferable development rights and restrictive covenants or conservation easements shall be endorsed by the Township prior to recording, which endorsement shall not be unreasonably withheld. Deeds submitted to the Township for endorsement shall be accompanied by a title search of the sending area tract(s) and a legal opinion of title affirming that the development rights being transferred by the deed have not been previously sold from, or prohibited upon, the sending area tract. A title report should be prepared within 10 days prior to submission of the deed, and the legal opinion of title must meet the reasonable approval of the Township Solicitor.
[4]
The deeds and covenants or conservation easements shall be accompanied by a map or plan of the sending area tract, drawn to a scale of at least one inch equals 100 feet. Such plan shall:
[5]
If less than all of the development rights eligible for transfer hereunder are to be transferred, the applicant shall indicate in the deed the disposition of the remaining development rights.
(d)
Sending area restrictive covenant or conservation easement. Except for retained development rights (not to be transferred), if any, a sending area tract shall be permanently restricted from future residential, commercial, or other nonagricultural development by a restrictive covenant or other conservation easement which meets the following requirements:
[1]
Except where any retained development rights are specified, the restrictive covenant or conservation easement shall permanently restrict the land from future development of any nonagricultural uses, except for public parkland, conservation areas, and similar uses.
[2]
The restrictive covenant or conservation easement shall be approved by the Township Council, in consultation with the Township Solicitor. Final plan approval will be contingent upon the recording of the deed of transfer of development rights, and the restrictive covenant or conservation easement, at the Office of the Recorder of Deeds of Delaware County.
[3]
The restrictive covenant or conservation easement shall designate Concord Township and/or a bona fide conservation organization acceptable to the Township, at its sole discretion, as the beneficiary/grantee and may, if the Township so elects, also designate both all future owners of all or a portion of a sending parcel and all future owners of any portion of a receiving area parcel as having separate and independent enforcement rights with respect to the restrictive covenants or conservation easements.
[4]
The restrictive covenant or conservation easement shall apply to a sending area tract of land from which development rights are sold and shall specify the number of development rights to be transferred as well as any to be retained based on the net transferable area of the tract. No portion of the net transferable area to be transferred shall be used to satisfy minimum yard setbacks or lot area requirements for any development rights which are to be retained or for any other development.
(4)
Receiving area qualifications and calculations. Owners of tracts which meet the following requirements may use development rights that are purchased from sending area landowners:
(a)
Receiving area qualifications. The receiving area tract of land shall be located in the portion of the C-1 District within the Concordville Village Overlay District. The receiving area tract shall possess all of the following attributes:
(b)
Calculation of potential development at receiving area sites.
[1]
For each development right purchased and transferred from the R-1, R-2, R-2D or R-3 District sending area, landowners in the C-1 Commercial District portion of the Concordville Village Overlay District receiving area shall have the right to build as a conditional use, five apartment units in a live-work unit, subject to § 210-125.1D(4)(b) and F.
(5)
Plan submittal process. An applicant shall submit a preliminary plan showing development with purchase of development rights. This plan shall meet all requirements of Chapter 160, Subdivision and Land Development. Along with the preliminary plan, an applicant shall submit:
(a)
An agreement of sale for all development rights proposed to be purchased from the sending area site.
(b)
A note on the plan showing the total number of lots or dwelling units proposed on the receiving area site in the Concordville Village Overlay District.
(c)
A note on the plan showing the total number of lots or dwelling units that could be built in the Concordville Village Overlay District when development rights are purchased, the number of lots or dwelling units that can be built under base density, and the difference between the two. This difference represents the number of additional lots or dwelling units that could be constructed on the site.
(d)
A plan of the sending area site(s) from which the applicant proposes to purchase development rights. This plan shall show all information needed to determine the number of development rights which may be sold, as shown in Subsection I(3). In addition, the plan shall be accompanied by a metes and bounds description of the property(s), as well as each property's parcel number, and owner's name. If the applicant is purchasing development rights from a portion of a sending area site, this portion shall be shown on the plan and described with metes and bounds.
(e)
In order to receive final plan approval, the applicant shall agree to record restrictive covenants or conservation easements for all sending area land whose development rights are being used by the applicant. The restrictive covenant or conservation easement on the sending area land shall be recorded first, followed by a deed of transfer, in accordance with the provisions of the Pennsylvania Municipalities Planning Code, as amended, which transfers the development rights from a sending area landowner to a receiving area landowner.