Lower Makefield Township
City Zoning Code
City Zoning Code
ARTICLE IXA
Traditional Neighborhood Development TND Overlay District
§ 200-38.1 Purposes and intent.
The purpose and intent of this district is:
A.
To provide for a traditional neighborhood with a diversity of uses, block sizes, dwelling unit types, commercial units and green spaces in a compact arrangement that promotes internal and external walkability.
B.
To encourage new development which emulates the character found in places such as historic Edgewood Village and Newtown Borough.
C.
To promote a streetscape quality to neighborhoods that furthers the identity of the Village of Edgewood as a destination neighborhood in the Township.
D.
To encourage a combination of business and residential uses in the Historic Commercial District, which enables jobs and employment opportunities close to home.
F.
To develop design standards that will encourage infill development that will not be detrimental to the integrity of the historic district.
§ 200-38.2 Overlay district.
The traditional neighborhood development (TND) shall remain as an overlay district to the underlying districts. The provisions of the underlying districts shall govern, unless the provisions of the traditional neighborhood development (TND) are chosen, then in such instance, all of the provisions of the overlay district must be met and shall supersede the provisions of the underlying district, unless otherwise provided by this section.
§ 200-38.3 Permitted uses.
A.
The following uses shall be permitted by right, provided that all of the conditional standards within this overlay district are met:
(1)
All permitted uses per § 200-36, Permitted uses, Subsection A(1), single-family detached dwelling; Subsection A(2), retail uses; Subsection A(4), teaching of cooking or crafts; Subsection A(5), restaurant; and Subsection A(6)(a), (b), (d) and (e), a residence or apartment in combination with a commercial use, except that, for the purposes of this district, there is no requirement for any private yard area, as amended.
(3)
Banks and financial institutions, provided that if there are drive-in windows, the maximum number of drive-in windows shall be two, unless additional drive-in windows are permitted by conditional use. Outdoor kiosks separate from the principal bank building are permitted. Drive-in access shall be internal from the parking lot of the bank facility. Egress may be permitted from a drive-in window to an arterial road. Outdoor automatic teller machines shall be walk up only. The Board of Supervisors shall have the right to regulate the hours of operation of drive-in windows and automatic teller machines.
(5)
Townhouse dwelling, provided:
(8)
Inn, provided:
(a)
The minimum overnight room size shall be 250 square feet.
(b)
All overnight rooms shall be located on the second or third floor, which may not be all in one building, but may be located over commercial establishments.
(c)
No overnight room shall be occupied by the same occupant for longer than 12 weeks' duration.
(9)
Civic buildings such as a community center, meeting hall, post office, library or place of worship.
(10)
Signs in accordance with Article XIX except as additionally provided below:
(a)
All signs shall be of natural materials. Plastic signs or movable letters are prohibited.
(b)
Backlit signs are prohibited. Signs shall be lit externally with only low lumens to minimize glare.
(c)
Freestanding signs are prohibited, unless the total gross floor area is greater than 10,000 square feet. In such an instance, the maximum height shall be eight feet and the maximum sign area shall be four square feet per side.
(d)
Wall-mounted signs are allowed under the conditions set forth in § 200-83E(2), parallel signs, as long as the parallel sign does not project more than three inches from the building facade to which it is connected. The face of a proposed wall-mounted sign(s) shall not exceed four square feet per building where there is a single business in the building. Where there are two or more businesses, the total area of the sign shall be six square feet. More than one sign is allowed per facade of building, but the aggregate total square footage of signs per facade shall not exceed the allowable square footage per facade.
(e)
Projecting signs shall be permitted per § 200-83E(3). The maximum sign size for a projecting sign is four square feet. The sign shall not project more than six feet from the front facade of the building. More than one sign is allowed per facade of building, but the aggregate total square footage of signs per facade shall not exceed the allowable square footage per facade.
(f)
All signage shall require a certificate of appropriateness as recommended by the Lower Makefield Township Historic and Architectural Review Board.
(g)
Roof-mounted signs are prohibited.
(h)
Where a property has more than one frontage onto public streets or parking lots, a sign per each public frontage is allowed, one per facade. Signs facing streets shall not exceed the sizes seen in § 200-38.3A(10)(d) and (e) herein. Signs facing parking lots shall be one-half the size of the allowable sign area facing streets as seen in § 200-38.3A(10)(d) and (e) herein. At no time shall the aggregate sizes of multiple signs be incorporated into a single sign on one side of a structure.
(i)
The sign shall not cover moldings, windows, doorways, decorative banding or other ornamentation. The applicant is required to provide a photograph of the building with the sign location shown on the photograph for approval by the Lower Makefield Township Historic and Architectural Review Board.
(j)
Directional signs are allowed, one per facade to public ways or parking, and each directional sign shall be no larger than one square foot per each side.
B.
Accessory uses.
(1)
Home occupation, provided only Class No. 1 and Class No. 2 are permitted in accordance with §§ 200-69A(7)(a) through (g) and 200-69A(8)(a) through (e).
(2)
Accessory uses that are clearly incidental to the uses permitted by right, such as parking, residential accessory structures, or nonresidential accessory structures, provided that storage sheds are not permitted, and further provided that all accessory structures except garages, as per §§ 200-38.4B(2) and 200-38.6F herein, shall meet all setback requirements of principal buildings and structures.
C.
Conditional uses.
(1)
Uses other than those set forth above may be permitted in the Traditional Neighborhood Development (TND) District by conditional use under the authority of the Board of Supervisors. Conditional uses may be granted provided that the use for which approval is sought complies with § 200-36B(1)(a) through (e) and all of the detailed design standards of §§ 200-38.4, 200-38.5 and 200-38.6 herein are met.
(2)
Banks with more than two drive-in windows may be permitted by conditional use provided:
D.
Prohibited uses. The following uses shall not be permitted within this overlay district:
(1)
Drive-in windows for all uses except banks.
(2)
All uses listed within § 200-36C(2) through (5).
§ 200-38.4 Lot area and design standards.
B.
Building setbacks shall be as follows:
(1)
§ 200-38.5 Supplemental regulations.
A.
Conditional regulation. Since it is the principal intent of the TND to promote the preservation of the existing historic structures within the existing Edgewood Village Historic District, none of these provisions of this TND Overlay District shall apply and only the underlying zoning shall apply if the resulting development plan would impose the demolition or improper renovation of any historic structure within the proposed development where this TND Overlay District is intended to be applied. This conditional regulation may still apply under the following conditions, as viewed on an individual case basis:
(1)
Upon the recommendations of the Lower Makefield Township Historic and Architectural Review Board, when it has been shown that the current location of the historic structure creates extreme hardship, the LMT Board of Supervisors may grant a certificate of appropriateness for the relocation of an historic structure within the Edgewood Village National Historic District to a location subject to the approval of the LMT Board of Supervisors; or
(2)
Upon the recommendations of the Lower Makefield Township Historic and Architectural Review Board, when there has been demonstrated that a building can not be renovated for structural reasons, the LMT Board of Supervisors may grant a certificate of appropriateness for the demolition of the structure provided there will be an accurate replication of the historic structure; and
(3)
The relocated or replicated structures must remain within the Edgewood Village National Historic District; and
(4)
There is proof that the relocated or replicated structure will not remain empty and will have an adaptive reuse that is approved by the LMT Board of Supervisors.
B.
General regulations. Unlike conventional suburban development patterns (with separated land uses, deep setbacks, no on-street parking, cul-de-sacs, and no sidewalks), traditional neighborhood development shall promote within the overlay district a more compact, integrated, and sustainable development pattern, and shall have the following key design elements:
(1)
Civic anchor in the neighborhood: such as a park, meeting hall, corner store, post office, library, church, or community center to provide a place for gathering and special events.
(2)
Mix of uses: combines residential, civic, recreational, commercial, office and open space uses in a diversified but seamless arrangement; also combines first-floor retail with second-floor dwellings and/or offices.
(3)
Building types: focuses on buildings designed by type, not solely by function, to allow for adaptations and changes in use (e.g., from dwelling, to shop, to work place, to civic); most appropriate when an expression of regional/local style.
(4)
Park and open space land: creates the green, square or park to help anchor the neighborhood; a system of green spaces ecologically balanced with the built environment and distributed within the neighborhood; includes a "green edge" of open space to help shape the neighborhoods.
(5)
Network system of interconnecting streets: organizes a block and pattern of lots; integrates with lanes, alleys, neighborhood streets; links to pedestrian and other transportation systems; streets and street walls create outdoor rooms.
(6)
On-street/parallel parking: provides a separator between vehicular and pedestrian traffic; utilizes cartway as an aisle; (with overflow parking to the rear or side of buildings); promotes effective traffic calming by slowing down the speed of vehicles, especially along narrower streets.
(7)
Alleys: allows for preservation of frontage streetscape; moves vehicular access to detached garages in the rear; provides access for deliveries, utilities, and staging construction.
(8)
Shallow setbacks: helps to create an "outdoor room" sense of space, with two- to three-story buildings, typically from 60 to 85 feet across from one another on both sides of the street; promotes a human-scale relationship for the pedestrian as part of the public realm; buildings placed at a "build-to" line create a street wall.
(9)
Front porch/portico/colonnade: serves as transition element from the private realm of the building to public realm of the sidewalk and street; provides shade; promotes a finer, more ornamental texture of the building; creates a cozy space to sit, read, relax; provides outdoor room to greet and socialize with neighbors.
(10)
Sidewalks/crosswalks/pedestrian paths/walkways: serves to link uses, buildings and lots together; accommodates a healthy pedestrian circulation network; provides close-to-home opportunities for exercise; enhances wayfinding and an appreciation of the neighborhood/place.
(11)
Shade trees: provide (as street trees) the canopy/overhead plane to help create an "outdoor room"; and as shade trees, provide an "old shade" character.
(12)
Other vertical infrastructure: includes fences, hedges, walls, pedestrian-scaled ornamental streetlamps, benches, gazebo, pavilion, pergola, monuments, or like features.
(13)
Regardless whether fee-simple lots or some form of common ownership is to be used, when traditional neighborhood developments are first created, the proposed lots shall be laid out and designated as either residential, commercial, or green space. Residential lots shall be further categorized as single-family detached, two-family dwellings, townhouse dwelling, or multifamily manor house. All lots shall be laid out so that the dimensional, coverage and all other requirements specified in this article shall be satisfied. However, the actual lot lines do not need to be legally established. Any future development on an individual lot, regardless whether or not it has been legally established, shall conform to this initial use designation for that particular lot.
§ 200-38.6 Detailed design standards.
A.
Use composition. For all developments greater than 2 1/2 acres in area, the following additional standards shall apply: (Note: This provision shall not apply to a place of worship.)
(1)
Nonresidential development shall comprise at least 15% of the total tract area, and may comprise up to 50% of the total tract area, not including all related streets and on-street parking or the area of perimeter street rights-of-way.
B.
Dwelling unit composition. For all developments greater than 2 1/2 acres, the following additional standards shall apply: (Note: This provision shall not apply to a place of worship.)
(1)
There shall be a diversity of dwelling unit types and lot sizes, with variations in lot widths to promote additional diversity of dwelling unit sizes.
(2)
A mix of dwelling unit types shall be achieved, using the following minimum or maximum percentages, whereby the mix of unit types shall be provided to the maximum extent possible:
(a)
Single-family detached: 3% minimum to 15% maximum.
(b)
Two-family dwelling: 10% minimum to 40% maximum.
(c)
Townhouse dwelling: 10% minimum to 50% maximum.
(d)
Multifamily manor house which either share outside access or are designed to have independent outside access: 0% minimum to 45% maximum.
(e)
Apartments: 10% minimum to 35% maximum.
C.
Density/intensity. For all parcels within the overlay district, the following standards shall apply, regardless of lot size:
(1)
The density for residential dwelling units shall not exceed 12 dwelling units per gross acre, calculated over the entire tract acreage exclusive of the area of existing perimeter street rights-of-way.
(2)
The intensity of nonresidential development, including retail, office and civic buildings, shall not exceed 10,000 square feet of building space per gross site acre, calculated over the entire tract acreage exclusive of the area of existing perimeter street rights-of-way. To reduce the amount of building coverage, nonresidential buildings shall be two to two-and-one-half stories in height to maximize green space.
D.
Green space requirements. For all parcels within the overlay district, the following standards shall apply, regardless of lot size:
(1)
A green space of at least 10 feet in width shall be designated and maintained along any property line, which directly abuts lots with existing single-family detached dwellings. Such green space shall be free of any structures, except for boundary fences, walls, curbing, pathways or sidewalks perpendicular to the green space and property line connecting adjacent neighborhoods, and existing buildings or structures. Such green space shall be landscaped in accordance with a buffer landscape plan that complies with Edgewood Village Design Guidelines pertaining to landscaping design standards and is approved by Board of Supervisors.
(2)
Within the traditional neighborhood, a variety of green spaces shall be designed to complement residential and nonresidential development. A minimum of 8% of the total gross site area shall be designated, landscaped and maintained as green space, exclusive of any stormwater management facilities or areas. Green space shall take on the form of a park, parklet, green, playfield, playground, buffer, or approved landscaped area, subject to the approval of any landscape plan by the Township.
(3)
Green spaces shall be at least 2,500 square feet in area in order to count toward the eight-percent minimum requirement. Green space shall be calculated as a percentage of the gross site area exclusive of the area of existing perimeter street rights-of-way.
(4)
Green space shall be owned and maintained in a form that is acceptable to the Board of Supervisors. All green space shall be subject to a declaration of covenants, easements and restrictions in a form that is acceptable to the Township Solicitor.
E.
Streets, alleys and accessways. For all parcels within the overlay district, the following standards shall apply, regardless of lot size:
(1)
Streets, alleys and accessways shall form an interconnected vehicular circulation network to the maximum extent possible as determined by the Board of Supervisors.
(2)
All streets shall be sufficient in width to provide for on-street parking on at least one side. An on-street parking space shall measure at least eight feet wide by 24 feet long when parallel to the curbline.
(3)
Streets with on-street parking on one side shall be 28 feet in width (with two ten-foot travel lanes, and one eight-foot parking bay).
(4)
Street with on-street parking on both sides shall be 36 feet in width (with two ten-foot travel lanes, and two eight-foot parking bays).
(5)
Alleys shall be provided to enable buildings to be placed closer to the street and thereby enhance the curb appeal of the traditional neighborhood. Alleys shall be provided to move vehicular access to the rear of buildings to the maximum extent possible, and thereby to move garage doors and curb cuts away from the frontage streetscape.
(6)
Alleys that are two-way shall be at least 16 feet in width.
(7)
Alleys that are one-way shall be at least 12 feet in width.
(8)
All one-way accessways and driveways shall be at least 10 feet in width.
F.
Curb cuts, driveways and garages. For all parcels within the overlay district, the following standards shall apply, regardless of lot size:
(1)
Garages, driveways, and/or parking lots shall not be the dominant aspect of the building design and/or the streetscape as viewed from the street.
(2)
To the maximum extent possible as determined by Board of Supervisors, garages shall be accessed from an alley. In those places where alleys are not possible to service development as determined by the Board of Supervisors, curb cuts may be permitted provided that the garage door is recessed at least 18 feet from the front facade, and further provided that no more than 10% of the total number of dwelling units are accessed by such curb cuts. Where garages are loaded from the side or front of the house, the garage setback from the edge of sidewalk shall be no greater than 13 feet unless the garage is located greater than 18 feet from the facade of the dwelling that faces the street.
(3)
Where garages are accessed from an alley and a parking apron is provided perpendicular to an alley, such garage shall be 18 feet from the edge of the alley.
(4)
Where garages are accessed from an alley and an apron is provided parallel to an alley, such garage shall be six feet from the edge of the alley.
(5)
Garages for residential dwelling units shall meet one of the following design options, listed in the order of preference for the traditional neighborhood:
(a)
The garage is rear entry, such that garage doors are on the opposite side of the house from the front facade, preferably accessed from an alley.
(b)
The garage is located behind the rear facade of the house. Such garage may be detached from or attached to the dwelling, and the garage doors may face any direction.
(c)
The garage is front-entry and recessed at least 18 feet from the front facade (excluding any porches or decks) of the building. When residential garages face a street, the garage shall comprise no more than 25% of the total area of the front facade elevation of a dwelling unit, measured from ground level to the lower edge of the roof. A garage door facing a street shall not exceed a width of 12 feet.
(d)
The garage is side entry, such that garage doors are perpendicular or radial to the street, which the front facade faces.
G.
Sidewalks and pathways. For all parcels within the overlay district, the following standards shall apply, regardless of lot size:
(1)
Sidewalks of at least seven feet in width shall be constructed and maintained along all arterial streets and at least five feet in width for all other streets.
(2)
Pathways of at least four feet in width shall be constructed and maintained to link to existing off-site pathways, and to enhance the use of green areas as required by the Board of Supervisors.
H.
Street trees and other landscaping. For all parcels within the overlay district, the following standards shall apply, regardless of lot size:
(1)
All street trees, landscaping and plantings shall comply with the Edgewood Village Design Guidelines pertaining to landscaping design standards.
(2)
Other landscaping in the form of perimeter buffers, screens, foundation plantings, fencing, walls, and pergolas, gazebos, monuments, or other civic art, as deemed appropriate, shall be essential to a traditional neighborhood and shall be subject to approval by the Township.
(3)
Parks within the proposed community shall provide the following plantings. Twenty five percent of parks shall be planted with native shrubs, perennials and groundcover. Tree coverage in each park shall be a minimum of 20% of park area. Tree area shall be quantified by finding the area of each species proposed at 3/4 of mature plant.
(4)
Nonresidential parking areas shall be buffered from residential areas by landscaping and/or compatible small-scale residential buildings and/or structures. Vegetative buffer in these areas must be evergreen and a minimum of five feet tall when installed. A minimum of three native species of plant material shall be used in the creation of every buffer.
I.
Buildings and neighborhood design. For all parcels within the overlay district, the following standards shall apply, regardless of lot size:
(1)
The buildings in the traditional neighborhood shall relate to the context and fabric of existing places in the Township typically found within the Historic Commercial (HC) District with respect to residential buildings. The commercial buildings shall provide breaks in facade line at forty-foot maximum. These breaks shall be a minimum of five feet in depth and shall be a minimum of 12 feet in width and a maximum of 18 feet in width. There shall be no blank walls except where a traditionally scaled fireplace and chimney dominate a majority of a wall. The size, mix, proportion and form of buildings shall emulate the character of the Edgewood Village buildings and the buildings within Newtown Borough and shall follow principles of appropriateness, as documented in the Edgewood Village Design Guidelines of the Township of Lower Makefield, and to the examples included in the Edgewood Village Design Guidelines.
(2)
A minimum of 60% of the principal residential buildings shall include a front door accessing onto an unenclosed front porch with a minimum floor area of 120 square feet. Such porch shall be covered by a permanent roof and shall not be enclosed in the future.
(3)
New infill buildings. Any lot within the TND Overlay District can be developed with carefully scaled buildings with setbacks and landscaping similar to historic properties within the historic district. New infill buildings shall be consistent with the size and scale of adjacent historic structures. New individual buildings shall be no greater than 10% larger in all dimensions to an adjacent historic structure. Exception: a new infill building may include multiple attached individual buildings, provided that each separate and attached building is individually consistent with the scale of the adjacent historic structure and has been architecturally detailed or with the use of color or building materials to differentiate it from the attached building. (Note: By constructing visually and architecturally separate attached building masses, each in the scale of the adjacent historic building, the total square footage of the attached buildings may be larger than the individual adjacent historic structure.) New infill buildings shall be sensitive to neighborhood forms and materials. No building shall be designed to enhance an individual merchant brand, such as with awning treatment, special windows, or unique color or as frequently seen with franchise establishments.
(4)
Appropriate materials. Building materials shall be vernacular to the historic buildings in the area, and conform to the colors and textures of the district. Common materials include stone, stucco, and horizontal wood clapboards for walls, and slate, wood or metal roofing. Images demonstrating examples of appropriate and inappropriate infill development are found in the Edgewood Village Design Guidelines.
(5)
First-floor elevations of all structures shall be constructed within 30 inches of the natural grade level. The mounding up of the grade around in order to raise the elevation of a structure or allow for a walk-out basement is not permitted. However, basement access via large window wells or exterior enclosed cellar stairs is permitted.
(6)
To reduce the stormwater run off from a development, flat "green" roofs are allowed. For all flat "green" roofs, historically accurate design shall be visible from all exterior roadways. This shall include historically correct materials including parapets, medallions, and dentals, and the like shall be in the exterior public view shed. Modern materials that are historically accurate are appropriate and must be reviewed and accepted by the Lower Makefield Township Historic and Architectural Review Board. For all other buildings, significant roof pitches and variations in rooflines are specifically encouraged.
(7)
With respect to nonresidential buildings, blank walls shall not be permitted along any exterior wall facing a street, parking area, or walking area. Exterior walls in these locations shall have architectural treatments that are the same as the front facade, including consistent style, materials, fenestration, and details.
J.
Parking and parking lots. For all parcels within the overlay district, the following standards shall apply, regardless of lot size:
(1)
Parking shall be located on street to the maximum extent possible to provide the streetscape appearance that is traditional in the Township, and to serve as an insulator between moving vehicles and pedestrians walking along the adjoining sidewalks.
(2)
Parking lots shall be located to the rear or sides of buildings.
(3)
Parking lots and/or garages shall not be the dominant aspect of the building design and/or the streetscape as viewed from the street.
(4)
All nonresidential parking areas shall be visually screened from existing and proposed streets by hedges, buffer plantings or similar elements.
(5)
Shared parking standards. Shared parking as defined by the Institute of Transportation Engineers and incorporated herein may be approved by conditional use by the Board of Supervisors. The reduction of unnecessary parking is seen as a best management process for the reduction of impervious surfaces. This subsection is for use only within the Traditional Neighborhood Development Overlay District.
(a)
Intermittent or seasonal nonconflicting uses.
[1]
When parking reductions are predicted as a result of sharing between intermittent or seasonal uses with nonconflicting parking demands (e.g., a church and a bank), then the reduction can be considered for approval by the Board of Supervisors without demand calculations or a parking study. Individual spaces identified on a site plan for shared users shall not be shared by more than one user at the same time.
[2]
If a privately owned parking facility is to serve two or more separate properties, then a shared parking agreement shall be filed with Lower Makefield Township (LMT) for consideration by the Board of Supervisors. Unless explicitly stated to the contrary, the property owner of the parking facility accepts responsibility for operating, maintaining and accepting liability for personal injury and property damage.
(b)
Parking occupancy rate table. When the parking reduction has been shown to be feasible by using the demand calculations as determined by Table 3, Parking Occupancy Rates, the applicant shall submit a parking demand summary sheet showing the process for calculating the reduction as outlined in this section.
[1]
The minimum number of parking spaces that are to be provided and maintained for each use shall be determined based on § 200-79, Standards for off-street parking according to use.
[2]
The gross minimum number of parking spaces shall be multiplied by the occupancy rate as determined by a study of local conditions (or as found in Table 3) for each use for the weekday night, daytime and evening periods, and weekend night, daytime and evening periods, respectively.
[3]
The gross minimum numbers of parking spaces for each of the purposes referred to for each time period shall be added to produce the aggregate gross minimum numbers of parking spaces for each time period.
[4]
The greatest of the aggregative gross minimum numbers of parking spaces for each period shall be determined. The greatest aggregate is the required amount of parking spaces required.
Table 3 Parking Occupancy Rates | ||||||
Uses | M-F | M-F | M-F | Sat. & Sun. | Sat. & Sun. | Sat. & Sun. |
8:00 a.m. - 5:00 p.m. | 6:00 p.m. - 12:00 a.m. | 12:00 a.m. - 6:00 a.m. | 8:00 a.m. - 5:00 p.m. | 6:00 p.m. - 12:00 a.m. | 12:00 a.m. - 6:00 a.m. | |
Residential | 60% | 100% | 100% | 80% | 100% | 100% |
Commer- cial | 90% | 80% | 5% | 100% | 70% | 5% |
Inn | 70% | 100% | 100% | 70% | 100% | 100% |
Restaurant | 70% | 100% | 10% | 70% | 100% | 20% |
Institutional (church) | 10% | 5% | 5% | 100% | 50% | 5% |
Note: This table defines the percent of the basic minimum needed during each time period for shared parking. |
(c)
Local parking study.
[1]
When the parking reduction has been shown to be feasible by using a local parking demand analysis, the following three items must be submitted:
[a]
A parking demand analysis prepared by a qualified parking or traffic consultant, a licensed architect, city planner, urban planner, civil engineer or a traffic engineer which substantiates the basis for granting a reduced number of spaces. A local parking study shall be subject to the approval of the Board of Supervisors. The Board of Supervisors have the right to disallow any parking demand analysis and require that Table 3 above, the parking occupancy rates, be the sole option on a development-by-development basis. The local parking study shall take into account the following three factors:
[i]
Existing parking surveys. Parking surveys shall determine parking occupancy rates of morning, afternoon and evening peaks on the seven different days of the week. The seven days of observation may take place over the span of two consecutive, typical weeks. In the case of new construction or addition of new uses, the surveys shall observe another circumstance with similar mixed uses. A combination of similar circumstances may be necessary to cover all the proposed land uses. The approximate square footages of the various land uses of the specimen projects shall be compared to the proposed project to allow the ratios of uses to be rated accordingly. In the case of an enlargement, or substitution of existing uses, the surveys shall document the occupancy rates of the existing parking facility.
[ii]
Proximity and convenience factors. The following factors may influence the Board's approval of the parking reduction figures:
[A]
Distance between sharing uses and the parking facility.
[B]
Pedestrian connections among sharing uses and the parking facility.
[C]
Vehicular connections.
[D]
Special trip reduction programs, such as subsidized vanpooling, transit, shuttle or telecommuting.
[E]
Need for any reserved parking spaces. (Parking spaces to be shared cannot be reserved for specific uses or individuals except during off-peak hours.)
[iii]
Captive market parking requirements. Parking requirements for retail, restaurant and hotel uses may be reduced where it can be determined that some portion of the patronage of these businesses comes from other uses (e.g., employees of area offices patronizing restaurants) located within a maximum walking distance of 500 feet. Parking requirements may be reduced up to 10% as appropriate. Whenever practical, such a reduction should be supported by surveys at similar establishments.
[b]
A covenant must be executed guaranteeing that the owner will provide the additional spaces directly or by payment of in-lieu fees if the Township, upon thorough investigation of the actual use of parking spaces at the building within two years of initial occupancy, recommends to the Board of Supervisors that the approved reduction be modified or revoked. The Township must document insufficient parking supply by showing occupancy rates over 98% for a least two consecutive hours on at least five separate days within a single month.
[c]
Fee of guarantee. The owner shall pay a fee which will be applied towards the cost of a parking study of actual parking accumulation to be carried out within two years of occupancy.
[2]
Exception. The covenant guaranteeing either additional spaces or payment of in-lieu fees (Subsection J(5)(c)[1][b] above) and the fee for a follow-up parking study Subsection J(5)(c)[1][c] above) may be waived when the Board of Supervisors will certify that previous experience of similar shared parking projects indicates it is unlikely a serious deficiency would result.
(d)
Covenants. When a covenant between parties is required by this article, the following standards shall apply:
[1]
Be executed by the owner of said lot or parcel of land and the parties having beneficial use thereof.
[2]
Be enforceable by any of the parties having beneficial use thereof, or all.
[3]
Be enforceable against the owner, the parties having beneficial use and their heirs, successors and assigns, or both.
[4]
Be first duly recorded in the Office of the Recorder of Deeds.
(e)
Parking locations standards. All required residential parking for single-family units must self-park in on-lot off-street spaces. Apartments and multifamily units may have designated twenty-four-hour parking spaces in off-street parking lots. Commercial and office uses may fulfill parking requirements using on-lot parking lots and on-street parking subject to the following conditions. All on-street parking must be constructed as part of the proposed development that will use said parking. The location of on-street parking may be located on perimeter roads if built by the developer and subject to reviewing agencies' approvals. On-street parking may be located on interior private streets within the development. The location of all parking lots shall meet the location requirements below. All conditional uses hereunder shall be granted by the Board of Supervisors in accordance with chapter regulations governing applications of conditional uses; procedures.
[1]
Permitted locations by right. Parking lots shall be located within the same zoning district as the use they serve. Required parking lots for uses allowed by right within a zoning district are allowed as a use by right in the same zoning district.
[2]
Permitted locations as a conditional use. Required parking lots in a different zoning district than the primary use. All buffering requirements of these parking lots shall be based upon § 200-73C(8) with a multiplier of 1.5 in width and initial height of buffer plantings.
[3]
Off-site locations. If off-street parking cannot be provided on the same lot as the principal use due to existing buildings or the shape of the parcel, parking lots may be located on other property not more than 500 feet distant from the principal use, subject to conditional use approval by the Board of Supervisors. Parking spaces serving multifamily residential units must be located within 250 feet of the dwelling unit entrances they will serve whether they are off or on the site. Clear, safe pedestrian connections must be provided, requiring no crossing of an arterial street except at a signalized intersection or at mid-block crosswalks with traffic-calming devices prior to the crosswalks in each direction along the pedestrian pathway.
(f)
When parking requirements must be met. Parking requirements shall be met at the time any building or structure is erected, enlarged, or increased in capacity, changed in use, or an applicable outdoor use is established or enlarged. In mixed-use developments, or developments affected by cooperative agreements between different uses on neighboring properties, changes in use will require a parking demand analysis using Table 3 or a local parking study to demonstrate the change in parking demand patterns. A forecast deficiency must be met by the construction of additional parking spaces, payment of in-lieu fees, or support of shuttle service or other trip reduction program satisfactory to the Township.
(g)
The Township retains the rights to include new updated parking standards and reports in addition to this article when an applicant submits a sketch plan. The applicant is responsible to contact the Townships Traffic Engineer to determine if there are updated materials.
K.
Off-street loading areas, outdoor storage and trash disposal areas. For all parcels within the overlay district, the following standards shall apply, regardless of lot size:
(1)
Nonresidential uses shall meet the following requirements:
(a)
There shall be a minimum of one loading area per each 10,000 square feet of nonresidential space. Loading areas shall be a minimum of eight feet wide and 40 feet long. They must be located within 400 feet of all nonresidential uses. They may be specially marked along a public street or within a parking area designed to serve nonresidential development. All loading areas and loading shall be set back at least 40 feet from residential buildings.
(b)
Outdoor storage or display of materials shall not be permitted.
(c)
Trash disposal areas shall be located within buildings in a ventilated, dedicated room or within an opaque screened area that completely hides the trash and is located to the side or rear of the building. When a trash enclosure is located on the side of a building, there shall be a minimum ten-foot setback from the front facade of any building. The trash enclosure shall fit with the Edgewood Village Design Guidelines materials and scale. All outdoor trash disposal areas shall be set back at least 25 feet from residential property lines.
L.
Stormwater management. For all parcels within the overlay district, the following standards shall apply, regardless of lot size:
(1)
All development with the TND Overlay District shall provide for stormwater management on site that shall handle, at a minimum, the ten-year storm. All on-site stormwater management shall be located either underground using best management practices or on green roofs intended for stormwater management. All larger storms shall be addressed by a regional stormwater management system approved by the Township. Each developer or applicant for a stormwater management permit shall pay a prorated fair share toward the regional stormwater management system per the recommendations of the Township Engineer and by the Township Board of Supervisors.
M.
Historic and Architectural Review Board (HARB). For all parcels within the overlay district, the following standards shall apply, regardless of lot size:
(1)
All historic buildings and signs within the TND Overlay District that front onto a state highway or Township road, or historic structures that have been relocated so that they no longer front onto a state highway or Township road, must be reviewed on an individual basis by the Lower Makefield Township Historic and Architectural Review Board in accordance with the Historic District Review Board enabling legislation per the Historic District Act (1961). For all remaining infill buildings that are part of a land development and are not visible from a state highway, the Lower Makefield Township Historic and Architectural Review Board may elect to review the buildings as a group on a block-by-block basis or as the whole development for consistency for building scale and materials.
(2)
After the development is complete, all applications for a building permit for any building or sign fronting onto a state highway or Township road, or any historic structure, whether or not it can been seen from a state highway, must come before the Lower Makefield Township Historic and Architectural Review Board on an individual basis in accordance with the Historic District Review Board enabling legislation.