Lansdale City Zoning Code
ARTICLE XXXII
Transit-Oriented Design TOD Overlay District
[Added 7-16-2003 by Ord. No. 1702]
§ 405-3200 Intent.
The intent of the Borough in permitting development pursuant to this article is as follows:
A.
To provide for an intensity and type of land use that is compatible with and supportive of the use of public transportation.
B.
To recognize that by having land use patterns that encourage use of public transit opportunities, traffic in the community can be reduced and travel choices for residents can be expanded.
C.
To encourage redevelopment of obsolete properties whose prior or present uses adversely impair the property or surrounding properties.
D.
To provide for flexibility in lot sizes, setbacks, and other area and bulk requirements so that imaginative and innovative designs can be developed.
E.
To encourage mixed-use development consistent with small town character.
F.
To ensure that mixed-use development is consistent in character in their residential and nonresidential components.
G.
To encourage the provision of a pedestrian environment and to promote a pedestrian-orientation of buildings and streets.
H.
To encourage development that has open and recreational spaces as focal points.
I.
To create a transition between the commercial and mixed-use core and the less dense, less intense surrounding areas of the Borough.
[Added 9-16-2020 by Ord. No. 2020-1941]
§ 405-3201 Definitions.
All terms shall be interpreted as provided in Article II of this chapter unless such term is defined herein, in which case, such term shall be interpreted as follows:[1]
OPEN SPACE
Areas of open space and/or recreation within a development designed and intended for the use and enjoyment of tenants or residents of the development or, unless otherwise specified, for the general public, not including streets or off-street parking areas.
STYLE (BUILDING)
Exterior design (including number of floors) or architectural structure of a building or structure.
TYPE (BUILDING)
Exterior design (including number of floors or dwelling units), height and architectural elements of a building or structure.
TYPE (HOUSING or HOUSING USE)
The principal use of a structure or building.
[1]
Editor's Note: The former definition of "facade, front," which immediately followed this lead-in paragraph, was repealed 12-15-2010 by Ord. No. 1801.
§ 405-3202 Use regulations.
TOD development shall be permitted on those sites designated on the Borough Zoning Map as TOD Overlay District and when authorized as a conditional use by the governing body. The following uses are permitted within a TOD development:
A.
Single-family detached dwellings.
B.
Single-family semidetached and two-family duplex dwellings.
C.
Single-family attached dwellings (townhouses).
D.
Apartment houses.
E.
Mixed-use buildings, provided the uses within such buildings are individually permitted elsewhere in this section.
F.
Age-restricted housing.
G.
Parking facilities, including structured parking.
H.
Playgrounds, parks, tot-lots, community center and open space to serve the residents of the TOD development.
I.
Personal service and commercial uses serving the needs of the residents and commuters, including restaurants, commercial offices, medical office, personal service shops, retail shops, cultural or recreational facilities, banking and financial services, including drive-in banking. (Drive-in for any other use is prohibited.) Any drive-in for banking shall meet the requirements of § 405-1102, with the exception that drive-in lanes permitted by right in a TOD District may be reduced in length by a maximum of 20% when such lanes access only rows, drive aisles and parking areas which are within the proposed TOD development.
J.
Transportation-related facilities.
K.
Accessory residential uses or buildings on the same lot with and customarily incidental to any of the foregoing permitted uses.
L.
Any use substantially similar to the above-listed uses.
M.
Medical marijuana dispensary.
[Added 6-21-2017 by Ord. No. 2017-1898]
N.
Forestry.
[Added 8-15-2018 by Ord. No. 2018-1916]
§ 405-3203 Development standards.
A.
General.
(1)
Where TOD sites are divided by municipal boundary lines, all provisions of this article shall be applied to the entire site as though such lines did not exist, unless otherwise specifically noted.
(2)
Lot area. The minimum gross area of the tract shall be 20 acres, including contiguous land in adjacent municipalities.
(3)
Tract width. The minimum tract width shall be 150 feet.
(4)
Water and sewer. All TOD developments shall be serviced by public water and sewer.
(5)
All utilities located within a TOD development shall be located underground.
(6)
The tract shall be adjacent to a train station and have direct access to the train station.
(7)
The tract to be developed shall be in one ownership or shall be the subject of an application filed jointly by the owners of the entire tract under consideration.
(8)
TOD developments shall be designed to be compatible in their residential and nonresidential components in terms of architecture, building materials, massing and scale.
(9)
Where the provisions of the TOD Overlay District conflict with other requirements of the Zoning or Subdivision and Land Development Ordinance,[1] the provisions of the TOD Overlay District shall be met.
[1]
Editor's Note: The Borough's Subdivision and Land Development Ordinance is on file and available for inspection or sale at Borough offices.
B.
Density, mix, layout and tract-wide area and bulk requirements.
(1)
The maximum density for a TOD development shall not be more than 12 dwelling units per gross acre measured over the entire site.
(2)
All TOD developments shall provide a mix of residential uses, nonresidential uses and open space. The area devoted to residential uses shall be no less than 50% and no more than 65% of the tract-wide area. The area devoted to nonresidential uses, including mixed-use buildings, shall be no less than 15% and no more than 30% of the tract-wide area. The area devoted to open space uses shall be no less than 20% of the tract-wide area.
(3)
A mix of residential housing use types is encouraged. Further, the massing, size and scale of residential units shall be varied to provide visual interest to the TOD and, within any TOD development, there shall be at least three housing uses, sizes or styles of buildings.
(4)
Impervious coverage. The maximum impervious coverage shall not exceed 75%.
(5)
Tract setback requirements.
(a)
External roads. Buildings shall be set back a minimum of 75 feet, and parking areas shall be set back a minimum of 50 feet from external road rights-of-way.
(b)
Other external property lines. Buildings and parking shall be set back a minimum of 25 feet from all other property frontages, although the setback for parking may be reduced to 10 feet where properties abut railroad tracks.
(c)
These tract setback requirements shall supersede other setback requirements of this chapter and the Subdivision and Land Development Ordinance.
(6)
Building height. The maximum height of any building or other structure erected or used for any purpose herein shall be not more than three stories and not more than 55 feet.
(7)
In general, TOD developments shall be laid out so the nonresidential buildings are located close to an adjoining village center (where one exists), close to major roads, close to train stations, close to bus stops, or close to the large required primary village green.
(8)
Nonresidential buildings shall be placed to make walking to the primary village green and residential areas a short walking distance.
(9)
The residential portion of the TOD development shall be designed so that the different buildings are well integrated, similar to patterns found in traditional villages.
(10)
To create variety along the streetscape, housing/building types shall be mixed along a street. The following chart lists the maximum number of dwelling units/building styles that may be located in a row on the same side of a street without a break on the same street. Breaks may be created by at least four dwelling units of a different housing type/building style, or by at least one different building type in the case of apartment houses, or by open space with at least 150 feet of frontage on the street.
Housing Type | Maximum Number of Dwelling Units or Building Styles in a Row along One Side of a Street | |
|---|---|---|
Single-family detached | 10 units | |
Single-family semidetached and two-family duplex dwellings | 12 units | |
Single-family attached (townhouse) | 16 units | |
Apartment houses | 3 buildings of same style |
(11)
Streets within a TOD development shall meet the following:
(a)
Streets shall be interconnected with each other and with streets on abutting properties.
(b)
Culs-de-sac shall be minimized within a TOD District. In no case shall a cul-de-sac exceed a length of 350 feet.
C.
Residential dimensional requirements. Except as otherwise permitted by this chapter, the following dimensional requirements shall apply when lots are created in a TOD development.
Single-Family Detached | Single-Family Semidetached and Two-Family Duplex Dwelling | Single-Family Attached Townhouse | Apartment Houses | ||
|---|---|---|---|---|---|
Minimum Lot Area | 6,000 square feet | 3,000 square feet per unit | 2,000 square feet per unit | 10,000 square feet per building* | |
Lot Width | 80 feet | 40 feet | 24 feet per unit | 100 feet per building | |
Front Yard: | |||||
Parking proposed in front yard | 20 feet minimum, 30 feet maximum | 20 feet minimum, 30 feet maximum | 20 feet minimum, 30 feet maximum | 25 feet, 35 feet | |
No parking proposed in front yard | 10 feet minimum, 20 feet maximum | 10 feet minimum, 20 feet maximum | 10 feet minimum, 20 feet maximum | 20 feet, 30 feet | |
Side Yard | 10 feet | 10 feet | 15 feet per end unit | 20 feet | |
Rear Yard | 30 feet | 30 feet | 30 feet | 30 feet | |
*Standards apply only to apartment houses which are to be individually lotted. |
D.
Single-family detached and single-family semidetached and two-family duplex dwellings.
(1)
At least one primary entrance shall be located on the front facade. For single-family semidetached and two-family duplex dwellings, this requirement may be met if at least one of the units has its primary entrance in the front facade.
(2)
All single-family and single-family semidetached and two-family duplex dwellings shall have pitched roofs covering at least 80% of the building with a pitch of at least six vertical inches to every 12 horizontal inches.
(3)
Garages must be designed to meet one of the following options:
(a)
Side-entry garage.
(b)
Front-entry garage that is set back at least 10 feet from the front facade of the house.
(c)
Rear-entry garage.
E.
Single-family attached dwellings (townhouse).
(1)
No more than six single-family attached dwelling units shall be permitted in a single attached group or row.
(2)
No single-family attached dwelling shall be narrower than 24 feet in width.
(3)
A minimum of one two-foot offset shall be provided for each 48 feet of front facade.
(4)
All townhouses shall have pitched roofs covering at least 80% of the building with a pitch of at least six vertical inches to every 12 horizontal inches.
(5)
Building spacing.
(a)
The minimum distance between parallel elements of two buildings shall be:
[1]
For front or rear walls to front or rear walls: 50 feet.
[2]
For end walls to front or rear walls: 40 feet.
[3]
For end walls to end walls: 30 feet.
(b)
Provided, however, that these distances may be reduced to no less than 20 feet where corners of buildings that are not parallel to one another come together. In such cases, the minimum distances between buildings required under Subsection E(5)(a), above, shall be provided at the midpoint of the nonparallel facing walls.
(6)
Garages and carports shall meet the following requirements:
(a)
If a building has a front-entry attached garage, garage doors located on any specific front facade may occupy a maximum of 75% of the bottom floor of the specific front facade.
(b)
If TOD development has detached garages and carports, the detached garages and carports shall meet the following:
[1]
Each detached garage and carport shall provide space for at least three vehicles.
[2]
Detached garages and carports shall only access internal streets or drive aisles.
[3]
Detached garages and carports shall meet all setbacks and separation distances required from buildings with the exception that detached garages and carports shall have a minimum separation distance from other detached garages and carports of 10 feet, unless otherwise approved by the Borough.
[4]
Detached garages shall only be used for personal vehicles and not for commercial vehicles or commercial purposes.
[5]
Detached garages shall be located throughout a TOD development so as to be located close to the dwelling each is to serve, and detached garages shall not be clustered in any specific area or areas.
(7)
Parking areas. Parking areas shall be set back no less than 10 feet from single-family attached dwellings (townhouses).
F.
Apartment houses.
(1)
Inner courts shall not be permitted.
(2)
The minimum width of an open court (those having walls on three sides) shall be 40 feet, provided that, if the walls of the court exceed 25 feet in height, the width of the court shall be increased by two feet for each foot or portion thereof by which the height of the walls exceed 25 feet.
(3)
The maximum length of any building used exclusively for apartments (excluding mixed-use buildings), including angles, shall be 200 feet.
(4)
Building spacing.
(a)
The minimum distance between parallel elements of two buildings shall be:
[1]
For front or rear walls to front or rear walls: 50 feet.
[2]
For end walls to front or rear walls: 40 feet.
[3]
For end walls to end walls: 35 feet.
(b)
Provided, however, that these distances may be reduced to no less than 20 feet where corners of buildings that are not parallel to one another come together. In such cases, the minimum distances between buildings required under Subsection F(4)(a), above, shall be provided at the midpoint of the nonparallel facing walls.
(5)
Roofs. All apartment buildings shall have pitched roofs (or pitched parapet roofs) with a pitch of at least six vertical inches to every 12 horizontal inches.
(6)
Garages and carports shall meet the following requirements:
(a)
If a building has a front-entry attached garage, garage doors located on any specific front facade may occupy a maximum of 75% of the bottom floor of the specific front facade.
(b)
If TOD development has detached garages and carports, the detached garages and carports shall meet the following:
[1]
Each detached garage and carport shall provide space for at least three vehicles.
[2]
Detached garages and carports shall only access internal streets or drive aisles.
[3]
Detached garages and carports shall meet all setbacks and separation distances required from building, with the exception that detached garages and carports shall have a minimum separation distance from other detached garages and carports of 10 feet, unless otherwise approved by the Borough.
[4]
Detached garages shall only be used for personal vehicles and not for commercial vehicles or commercial purposes.
[5]
Detached garages shall be located throughout a TOD development so as to be located close to the dwelling each is to serve, and detached garages shall not be clustered in any specific area or areas.
(7)
Parking areas. Parking areas shall be set back no less than 10 feet from apartment houses.
G.
Nonresidential uses, including commercial and nonresidential parking areas.
(1)
Location. All nonresidential uses and associated parking shall be generally located on a portion of the site that is closest to the transit station property they are intended to serve. The first nonresidential use shall be a maximum of 500 feet from the train station.
(2)
Building orientation and entrance. Front facades of nonresidential buildings shall generally be oriented toward an internal or external street or driveway.
(3)
Building spacing. The distance between two or more principal buildings shall be a minimum of 35 feet. The distance between an accessory building and another building shall be a minimum of 10 feet.
(4)
Walls and windows.
(a)
Windowless walls shall not be permitted along any exterior wall facing an internal or external street or driveway unless such walls have similar architectural treatment, in terms of style, materials and colors, as the front facade.
(b)
The ground floor of any retail-use wall facing a street or driveway shall contain windows in accordance with the following:
[1]
Front facades shall consist of at least 30% but not more than 75% window area, with views provided through these windows into the business.
[2]
Dark-tinted glass, reflective glass, or fake glass in windows is not permitted.
(5)
Roofs. All nonresidential buildings shall have pitched roofs (or pitched parapet roofs) with a pitch of at least six vertical inches to every 12 horizontal inches.
(6)
Building articulation. All nonresidential buildings shall provide articulation, which may be in the form of bay windows, porticos, building extensions, and other architectural treatments.
(7)
Nonresidential buildings shall be clustered together so that there is short distance between buildings, and shall not be in an exclusively linear formation, and shall be designed to be consistent with a small town character and not strip center alignment.
(8)
All nonresidential buildings shall have a minimum footprint of 1,500 square feet and a maximum footprint of 20,000 square feet.
(9)
Dimensional requirements. Except as otherwise provided in this chapter, nonresidential building uses and lots shall meet the following requirements.
(a)
Minimum lot area: 6,000 square feet.
(b)
Minimum lot width: 55 feet.
(c)
The building spacing and tract setback requirements of this article shall apply.
H.
Pedestrian and transit-oriented design elements.
(1)
Sidewalks or other walkways acceptable to the governing body shall be provided along all streets or driveways.
(2)
Convenient pedestrian connections shall be provided from all building entrances to parking areas, open space and recreational areas, the nonresidential uses on the site and to the transit station intended to be served by the TOD.
(3)
Sidewalks or walkways shall connect to existing sidewalks on abutting tracts.
(4)
Sidewalks which are along the major vehicular and pedestrian traffic area(s) of a TOD development and either adjacent to multitenant retail commercial buildings or within the nonresidential area of the TOD development shall be a minimum of eight feet in width. All other sidewalks within the nonresidential area of the TOD development shall be five feet in width, and all residential sidewalks shall be a minimum of four feet in width.
(5)
Site amenities such as bicycle racks, benches and trash receptacles shall be provided in appropriate locations, a minimum of which shall be as follows.
(a)
Commercial areas:
[1]
Provide a minimum of one four-foot-wide bench per 7,000 square feet of retail, office, or commercial floor area.
[2]
Provide a minimum of one trash receptacle for every two benches.
[3]
Provide a minimum of one bicycle rack per 50,000 square feet of retail, office or commercial square footage.
[4]
Benches, trash receptacles and bicycle racks shall be located within or immediately adjacent to sidewalk or plaza areas.
(b)
Residential areas:
[1]
Provide a minimum of one four-foot-wide bench per 15 dwelling units.
[2]
Provide a minimum of one trash receptacle for every 2.5 benches.
[3]
Provide one bicycle rack for each primary village green.
[4]
Benches, trash receptacles and bicycle racks shall be located within common open space or adjacent to sidewalk or walkways.
(c)
Village greens:
[1]
Within village greens or open-space plazas, provide a minimum of one three-foot-wide sitting area per 3,300 square feet of total village green or plaza area and a minimum of one trash receptacle per 10,000 square feet of village green or plaza area; one bicycle rack shall be required for each village green or plaza area.
[2]
The site amenities required by above Subsection H(5)(a) and (b) shall be utilized to satisfy the village green requirements.
(d)
Site amenity design specifications.
[1]
Benches shall be traditionally styled solid cedar or teak, constructed with a maximum length of six feet. All legs shall be securely anchored to poured concrete footings for stability, with a minimum of two legs on a single footing, or equal design approved by the Borough Council.
[2]
Trash receptacles shall be heavy three-eighths-inch-thick solid steel bars welded to a circular form with black powder-coat finish (32-gallon size), or equal design approved by the Borough Council.
[3]
Bicycle racks shall be 2.375-inch O.D. hot-dip (black) galvanized steel, with pedestal (surface) mount or direct embedment, or equal design approved by Borough Council.
I.
Parking. Due to the transit-oriented nature of the TOD development, a reduced demand for parking is anticipated. Parking requirements are as follows:
(1)
Parking for residential units shall be provided at a rate of two spaces per unit over the entire residential portion of the TOD, minus 10% to account for the adjacency of public transportation to the proposed use, which would reduce dependency on automobiles. Garage spaces may be counted toward this requirement, at a rate of one space for every two garage spaces, so long as each garage space is a minimum of 10 feet by 20 feet.
(2)
Parking for nonresidential units shall be provided based on the specific requirements for each use, as required by Article XVII, minus 10% to account for the adjacency of public transportation to the proposed use, which would reduce dependency on automobiles.
(3)
Where the applicant can demonstrate that different nonresidential uses have differing peak parking demand periods or that other parking is available for the use, the Borough Council may authorize as part of the conditional use approval shared parking such that the total number of spaces provided is less than the sum of the requirements of the individual uses. In no case shall this result in a total reduction of parking provided of more than 25% of that required by Subsection I(2) above.
(4)
On-street parallel parking is encouraged and may be used to meet up to 30% of the parking requirements. All on-street parallel parking shall be set back a minimum of 100 feet from all external roads.
(5)
Off-street parking and garages should be designed such that vehicular access does not dominate the primary internal streets or internal driveway(s) or existing external streetscape. The main internal drive is the primary connecting access cartway that connects the internal driveways and parking lots to the external street system.
(6)
Off-street parking abutting the main internal drive should be generally located to the side or rear of nonresidential and apartment buildings and is discouraged between buildings and streets. Where off-street parking must be located along the main internal drive frontage or external street frontage, a ten-foot landscaped area shall be provided between the parking and the curbline. Parking areas shall be set back no less than 10 feet from all buildings.
(7)
Parking shall not be permitted around or adjacent to areas preserved as required village greens unless approved by the Borough.
(8)
When necessary, as shown on a traffic study or to meet required parking for anyone, parking areas shall be interconnected and cross-easements provided to ensure shared use is provided.
(9)
Parking facilities in support of the transit station use shall be offered for dedication to the Borough or a Borough authority.
(10)
Reserved parking. Due to mixing of uses, reserve parking up to 25% of that required in above Subsection I(2) may be allowed in order to create open space without unnecessarily requiring more paving than required. Reserve parking shall be designed and engineered but need not be constructed unless directed by Borough Council.
J.
Loading and trash disposal.
(1)
Such areas shall be provided for all nonresidential, single-family attached and apartment uses.
(2)
Such areas shall be located to the side or rear of buildings within the building envelope and shall be screened from view from public streets by a wall(s). The screening wall shall be of the same or compatible materials as the building. Access gates, etc., shall be of the same quality and materials as other doorways, trim and exterior framing materials of the building. Colors of these elements shall be compatible with the theme of the building.
(3)
No loading or solid waste disposal area shall be located within 25 feet of any first-floor residential use or within 60 feet of any village green, unless sufficient screening and buffering is provided to the satisfaction of the Borough Council.
K.
Landscaping and buffering. Landscaping and buffering, including street trees and parking lot landscaping, shall be provided in accordance with the requirements of the Subdivision and Land Development Ordinance,[2] unless an alternative number or location is approved by Borough Council.
[2]
Editor's Note: The Borough's Subdivision and Land Development Ordinance is on file and available for inspection or sale at Borough offices.
L.
Open space. A minimum of 20% of the gross tract area shall be used for open space and recreational activities, in accordance with the following standards:
(1)
Open space shall be designed to enhance the human scale of the TOD development. Such open space shall be in the form of buffer areas or central open space, as defined below, or shall be arranged to protect important environmental resources of the tract.
(2)
Open space for the purposes of determining compliance with this section may include setback and buffer areas, central open space, plazas, active recreation areas, such as clubhouses, pools, walking paths, and tennis courts, and similar open space areas. Parking lots shall not be counted as open space. Stormwater management facilities shall not be counted as open space except for the area of basins if they are constructed and maintained as naturalized basins.
(3)
The open space requirement shall be met on an overall tract basis, but the final design shall be deemed acceptable to both governing bodies in the case of a tract divided by municipal boundaries.
(4)
At least 30% of the required open space shall be provided in the form of one or more central open spaces, defined as open space meeting any one of the following design options:
(a)
Village green. Each village green shall:
[1]
Be at least 20,000 square feet in size;
[2]
Have an average width of at least 100 feet; and
[3]
Be surrounded along at least 45% of its perimeter by roads.
(b)
Landscaped median. Each landscaped median shall have a minimum average width of 10 feet and a cumulative length of at least 150 feet.
(c)
Eyebrow. Each eyebrow shall be surrounded by streets on all sides, configured as a semicircle, and be configured so that a circle with a radius of 30 feet can fit within its confines.
(d)
Cul-de-sac island. Each cul-de-sac island shall have a radius of at least 30 feet.
(5)
Every TOD shall have at least one primary village green which shall have a minimum size of 25,000 square feet. Further, every primary village green shall include active recreational activities such as clubhouse, pool, tot-lot, recreation fields, etc.
(6)
Maintenance of required open space. The following requirements shall govern the maintenance of the required open space.
(a)
The open space land to be set aside or reserved for park, woodlands, conservation, playground, active recreational use or other open space purposes, such as the preservation of natural features, must first be offered for dedication to the Borough, or may be reserved for private use if Borough officials decline to accept the offer of dedication, in which case satisfactory arrangements shall be made, acceptable to the Borough, for the maintenance of all such areas.
(b)
If a development includes a proposal to dedicate to the Borough land for park and/or open space use under provisions of this section, the total land area to be dedicated shall be delineated on the subdivision plan with a note stipulating that the legal means of conveyance shall be by dedication.
(c)
If the open space land is to be retained by the property owners, the Borough will require that the proper owners provide for and establish a homeowners' association, or other organization or funded community trust, for the ownership and maintenance of the open space, and that such organization shall not be dissolved nor shall it dispose of the open space by sale or otherwise, except to an organization conceived and established to own and maintain the open space, or by dedication to and acceptance by the Borough. In the event that a homeowners' association is contemplated, the association shall, to the greatest degree practicable, be established from the start of the project, and all homeowners shall be a party thereof. In addition, homeowners' associations may, as determined appropriate by the Borough Council, maintain dedicated open space or lease back dedicated open space land from the Borough.
(d)
If the open space land is to be controlled by other than the Borough, then all property owners of the tract shall have equal rights and obligations in the organization, and these rights and obligations shall be included in all deeds which shall be properly recorded, and the agreement containing these rights and obligations shall be approved by Borough Council at the same time as the plan is approved. In the event that the organization established to own and maintain open space land or any successor organization shall, at any time after establishment of the TOD development, fail to maintain the open space land in a reasonable order and condition in accordance with the development plan, the Borough may serve written notice upon such organization or upon the property owners of the TOD development setting forth the manner in which the organization has failed to maintain the open space land in reasonable condition, and said notice shall include a demand that such deficiencies or maintenance be corrected within 30 days thereof and shall state the date and place of a hearing thereon, which shall be held within 14 days of the notice. At such hearing the Borough may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said 30 days of any extension thereof, the Borough, in order to preserve the taxable values of nearby properties and to prevent the open space land from becoming a public nuisance, may enter upon said open space and maintain the same for a period of one year. Said maintenance by the Borough shall not constitute a taking of said open space, nor vest in the public any rights to use same. Before the expiration of said year, the Borough shall, upon its initiative or upon the request of the organization therefor responsible for the maintenance of the open space land, call a public hearing upon notice to such organization, to be held by the Borough Council, at which hearing such organization or the residents of the TOD development shall show cause why such maintenance by the Borough shall not, at the option of the Borough, continue for a succeeding year. If the Borough Council shall determine that such organization is ready and able to maintain said open space in reasonable condition, the Borough shall cease to maintain said open space land at the end of said year. If Borough Council shall determine that such organization is not ready and able to maintain said open space land in a reasonable condition, the Borough may, in its discretion, continue to maintain said open space land during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter.
(e)
The cost of maintenance by the Borough shall be assessed ratably against the properties within the development and shall become a lien on said properties. The Borough, at the time of entering upon said open space land for the purpose of maintenance, shall file a notice of lien in the office of the prothonotary of the county upon the properties affected by the lien within the TOD development.
M.
Lighting.
(1)
Appropriate lighting shall be provided along all streets, interior walkways and parking areas to be used after dark.
(2)
Lighting standards shall be traditional in design and consistent in style between the residential and nonresidential areas of the TOD development.
(3)
Residential lighting standards shall be a maximum of 14 feet in height, and commercial standards shall be a maximum of 20 feet in height.
(4)
A lighting plan shall be provided to ensure that no direct light is emitted on adjacent residential properties and that sufficient light is supplied for all parking areas, sidewalks, trails, driveways and intersections and streets.
N.
Signs. Signs shall meet the requirements of this article and the general sign requirements for the use associated with such sign, with the requirements of this article controlling in the event there are contradicting requirements. No off-premises signs shall be permitted. Signage within the TOD Overlay District shall meet the requirements of Article XVI, with the following exceptions:
(1)
The types of signs permitted in the TOD Overlay District shall be those sign types permitted in the underlying zoning district.
(2)
Permitted signs may be located within required setback areas, outside the right-of-way of existing and proposed roads, provided the proposed location does not limit sight distance.
(3)
Size. The size requirements for signs as set forth in Article XVI of this chapter shall apply, except that the sign area of freestanding signs in the TOD Overlay District may be up to 100 square feet in size, regardless of the number of tenants or the height of the sign.
[Amended 8-5-2009 by Ord. No. 1775]
(4)
Signs at grade level (monument signs) shall be preferred over any type of pole sign.
(5)
Sign setback. The minimum setback for all signs from any right-of-way shall equal the height of such sign.
(6)
Sign height. The maximum height for any sign shall be 20 feet.
§ 405-3204 Application for approval.
A.
The TOD shall be available as a conditional use, and application shall be made for such approval in accordance with the provisions of § 405-2206 of this chapter.
B.
Such applications shall be accompanied by a conditional use plan showing the relationship among the various components of the development. The conditional use shall be prepared at a scale appropriate to the size of the property and in sufficient detail to demonstrate that the plan complies with the requirements of this chapter. The conditional use plan shall be conceptual in nature and shall not be required to meet the provisions of a preliminary subdivision or land development plan. The applicant shall have the option of submitting preliminary subdivision or land development plans concurrent with the conditional use application. The conditional use plan shall include the following elements:
(1)
An existing features plan shall be submitted which shall indicate the tract size, outbounds of the site, topography, wetlands, woodlands, floodplains, recorded easements, and rights-of-way and any other significant physical or man-made features existing on the site.
(2)
A general land use plan indicating the tract area and the general locations of the land uses included shall be submitted. The total number and type of dwelling units and the amount of nonresidential square footage shall be provided. The residential density and the overall site intensity (building and impervious coverage) shall be provided. The plan shall indicate the location of proposed uses within the development and the location and amount of common open space, along with any proposed recreational facilities, such as but not limited to pedestrian pathways, community greens, community centers, etc.
(3)
Conceptual architectural renderings showing the general design, scale and materials of residential and nonresidential buildings within the TOD development.
(4)
A conceptual utility plan shall be included which shall indicate the proposed location of sanitary sewer lines and waterlines, along with a narrative indicating the feasibility of such facilities. The plan shall also show the approximate areas needed for stormwater management.
(5)
A traffic study shall be submitted which analyzes the likely impacts of the proposed development and makes traffic improvement recommendations in accordance with standard traffic engineering procedures.
(6)
A lighting plan showing the proposed lighting standards as well as the illumination levels (in footcandles) throughout the site and along all property lines. This lighting plan shall show a maximum of two footcandles at any external property line.
(7)
A signage plan showing the location and design of any proposed signs shall be submitted to show that all signs meet the requirements of this article and this chapter and the Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: The Borough's Subdivision and Land Development Ordinance is on file and available for inspection or sale at Borough offices.
C.
Conditional use criteria. In addition to the provisions of Article XXII of this chapter, the following additional criteria shall apply in considering the approval or denial of conditional use applications in this district:
(1)
Streets and circulation. The location of new streets, site access driveways, and pedestrian network shall comply with the specific requirements identified within this article and this chapter and the Lansdale Borough Subdivision and Land Development Ordinance.[2]
[2]
Editor's Note: The Borough's Subdivision and Land Development Ordinance is on file and available for inspection or sale at Borough offices.
(2)
Existing streets abutting a parcel of land proposed for development shall be improved in accordance with the recommendation of the required traffic study or the Borough Subdivision and Land Development Ordinance, whichever requires the greater improvements.
(3)
Parking, service, loading and refuse areas; pedestrian circulation; outdoor lighting, street, parking lot and sidewalk lighting, and lighting fixtures and poles; mass transit stops, plazas and open space; landscaping and planted buffer requirements shall be in accordance with requirements established by this article, this chapter, and the Subdivision and Land Development Ordinance.
(4)
Design guidelines. In order to ensure all design elements within the TOD Overlay District, which may develop in different areas over a period of years, will be uniform, the following design elements shall specifically be in accordance with this article:
(a)
Each applicant shall submit architectural elevation drawings showing concepts for facades, roof design, and materials for buildings and structured parking facilities, and incorporate specific design standards in order to qualify for conditional use approval.
(b)
These design standards shall include, but may not necessarily be limited to, building and streetscape elements such as the type of lighting, sidewalk design, street furniture, street signs, and architectural details and facade materials.
(c)
In addition, the applicant shall incorporate architectural performance standards, such as screening of parking facilities, loading areas, and all mechanical equipment; the continuity of storefronts and entrance doorways on specific streets; the massing of buildings to reinforce the design of an urban space; and sign control.
(5)
The design shall meet all of the requirements set forth in this article.
(6)
The Borough Council may, at its discretion, waive or modify requirements contained with this article upon determination that strict compliance would not further the purpose and intent of this chapter. However, waivers shall not apply to uses, parking requirements, roads and circulation, and height requirements.
