It is the specific intent of this Part:

To allow property owners in the overlay district the option of developing/redeveloping properties according to the underlying zoning or the MU, Mixed Use Overlay Zoning;

To provide additional and new opportunities for development and redevelopment in the overlay zoning districts;

To enhance pedestrian and vehicular safety through the provision of sidewalks, lighting and consolidation of driveways;

To enhance aesthetics in the MU, Mixed Use Overlay Zoning District;

To incentivize lot assembly and consolidation toward the more efficient and cost-effective use of land; and

To allow for reduced retail use parking and to encourage shared parking and cross access easements between abutting properties for the purpose of mitigating motor vehicle traffic and congestion.

Procedural requirements shall be in accordance with the underlying zoning district. Where there is a conflict between the provisions or requirements of this overlay district and those of any underlying zone, the provisions of the MU District shall govern.

The MU, Mixed-Use Overlay Zoning District shall be considered a mixed-use district. More than one use per lot is permitted in the MU District in accordance with the requirements in this article.

When a residential use and another permitted use are contained in the same building, residential uses shall not be located on the ground floor.

In the MU District, a building may be erected or used and a lot may be used or occupied for one or more of the following permitted uses:

1.

All multiple dwelling residential buildings shall meet the following requirements:

A.

One- and two-bedroom units must comprise at least 80 percent of the total residential units.

B.

Fifty percent of all units must provide outdoor balconies or patios in the case of ground floor units. Minimum size for these areas shall be 40 square feet.

C.

Long term indoor bicycle parking/storage in the building or in the parking structure shall be provided one storage space for at least 15 percent of the total dwelling units.

D.

Short term outdoor bicycle parking shall be provided for at least ten percent of the total dwelling units.

E.

All connections for laundry facilities (washer and dryer) shall be provided in each dwelling unit.

F.

Multiple dwelling buildings with less than 30 dwelling units shall incorporate at least one or more of the below common amenities. Multiple dwelling buildings with 30 or more dwelling units shall incorporate at least two or more of the below common amenities: Landscaped common open space (at ground floor level or on rooftop) with a minimum size of 1,000 square feet, fitness center (120 square feet min.), indoor or outdoor swimming pool (800 square feet min.), community room (120 square feet min).

The following conditional uses and no others may be allowed by the Township Board of Commissioners after recommendations by the Planning Commission pursuant to the express standards and criteria set forth in Part 19 of the Zoning Ordinance:

1.

In the MU Mixed-Use Overlay District, if an assisted living facility or an independent living facility are proposed to exceed 15 dwelling units per acre in the East or South Overlay or are proposed to exceed 20 dwelling units per acre in the West Overlay, they shall be subject to conditional use approval. In no case shall such facilities exceed a density of 30 dwelling units per acre.

A.

An assisted living facility or an independent living facility that are subject to a conditional use shall be situated on a total tract area of five acres or larger.

2.

In the Mixed-Use Overlay District, if structured parking is within 100 feet of the street, it shall be constructed in accordance with the conditions as contained in the Subdivision and Land Development Ordinance Design Standards for the M-U Mixed Use Overlay District. These requirements do not apply to street frontage located within 100 feet of PA Route 581.

Footnotes to Table M-U.3:

1.

When there is more than one building on a lot, this requirement shall not apply if one or more building(s) frontage comprise at least 50% of the lot's primary roadway frontage and is located between the minimum and maximum front yard setbacks and side yard setbacks abutting street, or as otherwise stated for the permitted uses stated in Table M-U.3.

2.

Buildings over 40 feet in height shall be required to have an additional front yard building setback of ten feet for the portion of the building over 40 feet. Buildings over 80 [feet] in height shall have an additional 5' front yard setback for the portion of the building over 80 feet in height.

3.

Minimum side and rear yard building setbacks established in this Section shall be increased one foot for each foot of building height exceeding 40 feet. This requirement shall not apply to side yard building setbacks abutting street, rear yard building setbacks abutting street and any yards abutting limited access highways.

4.

Where side and rear setbacks and buffer yards abut any Naval Support Activity parcels the setback and buffer required by the underlying zoning district shall govern.

5.

Two hundred square feet of interior common use area shall be provided for each foot of building height over 80 feet. However, in no case shall the interior common use area be less than 500 square feet. The interior common use area shall be developed in accordance with the following:

a.

The interior common use area shall not overlap the required buffer area, the street side common use area, or required front, side or rear yards.

b.

The interior common use area shall be universally accessible from the building and consist of a contiguous area of at least 500 square feet. The perimeter of the common use area shall not have a dimension less than 20 feet on any one side.

c.

The interior common use area shall connect ADA accessible routes to other common use areas on the same parcel or on adjacent parcels and/or any open space areas.

6.

Where Route 581 establishes a front yard in the West Overlay, surface parking setbacks shall be permitted to be a minimum of ten feet along Route 581.

7.

In the West Overlay, no streetfront common use area shall be required along Route 581; however, the street trees required under Section 16-A-9.4 shall be provided along Route 581.

(Ord. No. 2023-06, § 1, 6/1/2023)

No part of any building shall encroach into any setback, except as described below:

1.

Overhanging eaves and bay windows may project up to two feet into any required setback.

2.

Awnings and balconies may extend up to four feet into any required setback.

A streetfront common use area shall be reserved along the entire parcel frontage along roadways as indicated in Table M-U.3.

1.

Sidewalks shall be located within the streetfront common use areas in an effort toward creating a completely linked network of sidewalks connecting transit stops, commercial centers, institutional facilities and residential buildings including common open space areas, and parking.

2.

Along Trindle Road: A streetfront common use area shall begin at the curb line and consist of a landscaped area suitable for a bio-swale/water retention area measuring a minimum of 12 feet in width, and a public sidewalk measuring a minimum unobstructed width of eight feet, designed in such a manner to minimize damage or to avoid the removal of existing trees. The bio-swale shall be designed to retain/infiltrate stormwater runoff and shall be planted with street trees, shrubs, ornamental grasses, and perennial groundcover. Sidewalk alignments may be modified to minimize damage to or to preserve the existing mature trees in these areas.

3.

On all other streets: Streetfront common use area shall begin at the curb line and consist of a landscaped strip measuring a minimum of three feet in width, and a public sidewalk with a minimum unobstructed width of five feet.

4.

Street trees shall be provided in the streetfront common use area in accordance with the following:

a.

Street trees shall be placed an average of 40 feet on center in uniform or in naturalized groupings.

b.

If a hardscaped planted area is desired, street trees shall be placed in tree pits with tree grates in uniform arrangements at 40 feet on center.

5.

The sidewalk way may be linear or meandering provided it is located within the streetfront common use area and other minimum requirements established herein are met.

6.

Shade trees shall be required in parking lots at a rate of at least one tree for every ten vehicle parking spaces. Trees shall be planted in a minimum 200 square foot landscaped island. Landscape islands shall have curbs with 12-inch-wide openings that allow stormwater runoff to flow into landscaped area. Landscape islands shall be planted with plant materials that have a mature height no greater than 18 inches.

7.

Pedestrian level lighting shall be provided along all street frontages at a minimum rate of one light per every 75 feet. Lighting standards shall have a pole height of 14 feet and poles shall be black metal spun aluminum, Victorian (gas replica) light fixture, high pressure sodium lamp, with banner arm, as supplied by PPL Electric Utilities, or approved equal.

8.

Plant materials shall be from the Approved List of Plant Materials as contained in the Subdivision and Land Development Ordinance Design Standards for the M-U Mixed Use Overlay District.

9.

Landscape plans shall be prepared and sealed by a landscape architect registered in the State of Pennsylvania.

All land developments submitted under the M-U Overlays Districts shall comply with design standards as outlined in Chapter 22, except the following:

1.

Sidewalks (located in the street front common use area) and storm water retention basins shall not count against a site's total, overall impervious coverage.

2.

Outdoor trash, recycling receptacles, dumpsters and similar trash storage areas shall be screened from public view on all sides by a six-foot tall screen/wall made from materials that are durable and are compatible with the architectural design of the buildings that they serve. The screened storage areas shall not be located in the front yard setback, but may be located in the side or year yards or within the parking lot area.

1.

Retail stores, personal service and repair services and banks parking. The parking requirement for retail stores, personal and repair services and banks shall be one parking space per 222 square feet of gross floor area for public use. (4.5 spaces/1,000 SF).

2.

Shopping center parking. The parking requirement for a shopping center shall be one parking space per 250 square feet of gross floor area for public use. (4.0 spaces/1,000 SF).

3.

Shared parking. An applicant may provide shared parking for one or more uses or properties under the following conditions:

a.

The applicant(s) shall submit a parking study using standards set forth by either the Institute of Traffic Engineers or the Urban Land Institute.

b.

The parking study shall include the following:

(1)

The required parking for the individual uses as set forth in the Hampden Township Zoning Ordinance.

(2)

The parking demand of the uses over the course of the day including weekend and holidays.

(3)

The proximity of the parking field to the entrances of the various uses.

(4)

A circulation plan for the safe and efficient distribution of vehicles through the site including delivery and special service vehicles.

(5)

A pedestrian plan showing a safe network of pathways and crosswalks for visitors to the site.

(6)

A determination of the minimum number of parking spaces that would be generally required for the safe and efficient operation of the facilities.

(7)

The parking study shall be prepared by a Pennsylvania Professional Engineer.

4.

Within the West Overlay, parking spaces shall be permitted to be located along either side of the portion of a circulation drive extending along a building that the parking spaces are intended to serve, provided that either (i) such circulation drives have a minimum width of 30 feet or (ii) such portions of circulation drives where parking is provided is prohibited from use by the general public through signage or other restrictions.

(Ord. No. 2023-06, § 2, 6/1/2023)

The following words or phrases set forth in this Part 16-A shall have those meanings as prescribed in this Section. Words or phrases not defined herein shall have the meaning prescribed in Chapter 27, Part 2, Definitions:

Interior common use area means an outdoor area of land on the interior of a lot that provides for pedestrian use and that contains some combination of plant materials, paved areas, benches and other site furnishings and is intended for the use and enjoyment of either the property users or tenants. The interior common use area may be either a private public space (not dedicated) or offered to the Township for dedication.

Streetfront common use area means an area of land across the width of a lot that is reserved for public pedestrian and/or bicycle access and green areas and that contains plant materials and may provide for stormwater detention and/or infiltration. A perpetual public access easement shall be attached to the property as a part of the land development application. The streetfront common use area shall be maintained by the property owner.

(Ord. 15-09, 06/02/2015; amended by Ord. 2019-14, 09/26/2019)