New Garden Township
City Zoning Code
City Zoning Code
ARTICLE XI
Unified Development District
§ 200-54 Statement of intent.
The Unified Development District is intended to enhance the Route 41 and Route 7 corridors, and is designed to achieve the following purposes:
A.
Provide for more attractive and functional development;
B.
Conserve environmental resources which are sensitive to development;
C.
Encourage the creation of permanent open space and civic space;
D.
Provide an opportunity to integrate a variety of building types;
E.
Provide an opportunity for mixed-use development;
F.
Promote a gateway to New Garden Township which provides a variety of opportunities to live, work, and play;
G.
Promote streetscape enhancements along Route 41 and Route 7 with elements such as street trees, street lights, and sidewalks;
H.
Promote multimodal transportation connections between new uses and residential uses and nearby urban centers in the region; and
I.
Incentivize economic development along the Route 41 and Route 7 corridors in order to provide for a variety of uses that enhance nonresidential and residential development.
§ 200-55 Qualifying conditions.
The applicant shall demonstrate compliance with all of the following conditions prior to the approval for any tract for development under the provisions of this article:
A.
The tract(s) shall be located entirely within the Unified Development (UD) District, as depicted on the New Garden Township Zoning Map.
B.
A land development plan shall be focused on the unified design for all aspects of the project, including such features as building layout, bulk, architectural character, parking, internal roads, thoroughfares and accessways, utilities, open space, civic space, landscaping, natural areas, and streetscape enhancements.
C.
Any application under this article shall demonstrate the availability of public sewer and public water; provided, however, if the Township and/or the owner of the public sewer system determine that public sewer and/or public water is not available or will not be available to serve the project within 18 months of the date of the application, the project shall be served by an alternative sewer system and/or water system, subject to all applicable federal, state, county and Township laws, regulations and requirement. In all instances, the proposed method of sewage collection, conveyance, treatment and reclamation shall be consistent with the sewage facilities plan (537 plan) of the Township applicable to the area within which the project is to be located. The sewage facility shall be situated on the project site and must be owned by the applicant or a homeowners' association, and maintained by a licensed and qualified sewage contractor. Unless sewage disposal is entirely subsurface (e.g., drip irrigation shall be deemed subsurface, but spray irrigation shall not be deemed subsurface), no sewage facilities, systems, treatment or disposal may occur in any required open space area. A public water system and/or sewer system shall be considered available to a project if such system is located within 500 feet of any boundary line of the tract on which the project is to be located.
D.
In all instances, the proposed method of sewage collection, conveyance, treatment and reclamation shall be consistent with the sewage facilities plan (537 plan) of the Township applicable to the area within which the project is to be located. The sewage facility shall be situated on the project site and shall be owned by the applicant or a homeowners' association, and maintained by a licensed and qualified sewage contractor. Unless sewage disposal is entirely subsurface (e.g., drip irrigation shall be deemed subsurface, but spray irrigation shall not be deemed subsurface), no sewage facilities, systems, treatment or disposal may occur in any required open space area. A public water system shall be considered available to a project if such system is located within 500 feet of any boundary line of the tract on which the project is to be located.
E.
The project proposal shall indicate the full extent of existing dedicated rights-of-way for all public roads in accordance with traffic studies and Township ordinances and the applicable provisions of the New Garden Township Subdivision and Land Development Ordinance.[1]
F.
The tract(s) shall be capable of supporting the proposed use and shall provide safe and adequate sidewalks and pedestrian walkways to promote and facilitate such activity.
G.
Natural features, including, but not limited to, floodplains, wetlands, and steep and precautionary slope areas shall be factors to be considered in the planning and design of future development, in accordance with Article XXII of this chapter.
H.
In order to document suitability and to ensure sensitive site design, the applicant shall submit the following impact studies as part of the application for any tract in excess of five acres:
(1)
Environmental impact study in accordance with § 170-20 of the Subdivision and Land Development Ordinance.
(2)
Traffic impact study in accordance with § 170-20 of the Subdivision and Land Development Ordinance.
(3)
Community impact study. A study which will sufficiently assess the impact the proposed development will have on the Township and its level of public services and the impact on the public school system, and the manner in which negative impacts thereon shall be resolved by the applicant, to enable the Board of Supervisors to determine if the proposed development is capable of being properly serviced by public services.
(4)
Historical resource impact analysis study. A study which determines and identifies the location of all historic resources and structures within 300 feet of the proposed development tract, the effect said development will have on these resources and structures, and what efforts the applicant will make to preserve and protect such resources and structures.
I.
All applications for conditional use shall comply with the procedural provisions and criteria established under Article XIX of this chapter.
J.
Development within the Unified Development District shall not be construed as, or otherwise permitted to be developed as, "planned residential development," as defined by the Pennsylvania Municipalities Planning Code.
§ 200-56 Use regulations.
A.
Uses by right. In the Unified Development District, a building or structure may be erected, altered or used, and a lot or premises may be used, by right, for the following uses and for no other:
(1)
Professional, business, executive or administrative office building.
(2)
Financial institutions.
(3)
Sit-down restaurant, cafe, brew pub.
(4)
New Garden Township municipal use.
(5)
Retail stores and services under 70,000 square feet of GLA or gross floor area.
(6)
Personal service shops.
(7)
Educational use duly licensed as such by the State of Pennsylvania.
(8)
Nonprofit church or synagogue.
(9)
Recreational use such as a fitness center, skating facility, tennis center or other sports facility.
(10)
Public recreation.
(11)
Grocery store under 70,000 square feet of GLA or gross floor area.
(12)
Restaurant with drive-through.
(13)
Convenience store (under 8,000 square feet of GLA or gross floor area) with gasoline pumps, subject to the following requirements: the minimum setback for gas pumps shall be 50 feet from the edge of any existing or proposed right-of-way; all facilities shall be state of the art and designed to monitor and prevent leakage and/or contamination; no more than 12 gas pumps (i.e., 24 dispensers) shall be permitted; gasoline deliveries shall occur only during nonpeak hours; gas pumps at convenience store(s) may only be located along or with direct access to Route 41 or Route 7.
(14)
Movie theater under 20,000 square feet of GLA or gross floor space.
(15)
Medical facility.
(16)
Research and development facility.
(17)
Conference facility with less than 10,000 square feet of GLA or gross floor area.
(18)
Corporate or administrative headquarters.
(19)
Museum.
(20)
Library.
(22)
Mixed-use development consisting of more than one use permitted by right in § 200-56A, more than one of the conditional uses permitted in § 200-56B, or a combination thereof, which includes retail use(s), but subject to the following specific requirements:
(a)
The gross tract area shall contain a minimum of 10 contiguous acres.
(b)
Shall be served by public sewer and public water.
(c)
Not more than 30%, but no less than 10% of the gross tract area, shall be devoted to nonresidential use in a mixed-use development.
(d)
Not more than 80%, but no less than 60% of the gross tract area, shall be devoted to residential use in a mixed-use development.
(e)
No single retail use within a mixed-use development shall exceed 100,000 square feet of interior space, inclusive of all floors.
(f)
Vertical mixed use may be integrated into a mixed-use development, and shall include ground floor office, commercial, and/or retail use, with second (and third floor if applicable) residential or office use.
(g)
If a mixed-use development contains a use that is permitted only by conditional use, such conditional use approval shall be required only for that individual use and not for the overall mixed-use development.
(23)
For residential development of three dwelling units per gross acre or less:
(24)
Accessory uses on the same lot customary and incidental to any of the foregoing uses.
B.
Conditional uses. Any one of the following uses, and no other, may be permitted on a lot as a conditional use in the Unified Development Zone when authorized by the Board of Supervisors, subject to the standards set forth in this Article XI, and in Article XIX of this chapter:
(1)
Convenience store (8,000 square feet of GLA or gross floor area or more) with gasoline pumps, subject to the following requirements: the minimum setback for gas pumps shall be 50 feet from the edge of any existing or proposed right-of-way; all facilities shall be state of the art and designed to monitor and prevent leakage and/or contamination; no more than 12 gas pumps (i.e., 24 dispensers) shall be permitted; gasoline deliveries shall occur only during nonpeak hours; gas pumps at convenience store(s) may only be located along or with direct access to Route 41 or Route 7.
(2)
Planned office park.
(3)
Hotel.
(4)
Movie theater with 20,000 square feet or more of GLA or gross floor space.
(5)
Hospital.
(6)
Light industrial park. Uses permitted within this category shall be limited to any one or more of the following:
(a)
Professional, administrative and/or business offices;
(b)
Printing, publishing, lithograph, binding and similar processes;
(c)
Computer center;
(d)
Laboratory for testing scientific research and development;
(e)
Limited and light industrial use, including manufacturing and assembly of novelties and other products from previously prepared materials, jewelry, watches, clocks, utensils, optical/medical processing/applications, assembly of previously prepared component parts and scientific instruments, fabrication of light metals, and other light industrial uses which do not generate heat, light, noise, dust, or emissions beyond the confines of the structure in which they occur;
(f)
Accessory uses on the same lot customary and incidental to any of the foregoing uses; such accessory uses shall be subject to approval of the Board of Supervisors.
(7)
Conference facility with 10,000 square feet or more of GLA or gross floor area.
(8)
Corporate center.
(9)
Intermediate care facility.
(10)
Skilled-nursing facility.
(11)
Live performance theatre.
§ 200-57 Area, bulk, density, unit composition, and open space regulations.
The following regulations shall apply to uses by right and conditional uses in the Unified Development District:
A.
Nonresidential uses. The following area and bulk regulations shall apply to all nonresidential uses permitted in the Unified Development District, except nonresidential in a mixed-use development as regulated by § 200-57B:
(1)
(2)
B.
Mixed-use development. The following area, bulk, density, unit composition, and open space regulations shall apply to all mixed-use development permitted in the Unified Development District:
(1)
Minimum lot size: 10 acres.
(2)
Minimum lot width: 200 feet.
(4)
Minimum setback from Route 41 and Route 7: 50 feet.
(5)
Maximum building coverage (gross tract area): 40%.
(6)
Maximum surface coverage (gross tract area): 70%.
(7)
Minimum nonresidential commercial area: 5%.
(8)
Minimum open space (gross tract area): 10%.
(9)
Minimum pedestrian gathering area (gross tract area): 2%, in accordance with § 200-58N(7), which may be part of the required open space.
(10)
Minimum separation distance between buildings: 20 feet.
(12)
Maximum gross density. The maximum gross density may be increased to six dwelling units per acre for townhomes, and 15 dwellings units per acre for multifamily dwellings if the following is proposed and built:
(a)
If three housing types are provided, a credit of one additional dwelling unit per acre shall be achieved above the four and eight dwelling units per acre set forth above.
(b)
If 20% of the tract area is designated and maintained as common TND open space 10% above the minimum required), a credit of one addition dwelling unit per acre shall be achieved above the four and eight dwelling units per acre set forth above.
(c)
If more than 5% of the mixed-use development site area is devoted to and maintained for commercial use (thereby helping to promote walkability and to minimize off-site vehicular trips), a credit of one additional dwelling unit per acre shall be achieved above the four and eight dwelling units per acre set forth above.
(d)
If more than 85% of all buildings are accessed from alleys and service drives (thereby minimizing curb cuts, promoting continuous pedestrian movement along sidewalks, and improving streetscape quality), a credit of one additional dwelling unit per acre shall be achieved above the four and eight dwelling units per acre set forth above.
(e)
If a park-and-ride facility is constructed, a credit of one additional dwelling unit per acre shall be achieved above the four and eight dwelling units per acre set forth above.
(f)
If a bus stop with a bus shelter is constructed, a credit of 1/2 additional dwelling unit per acre shall be achieved above the four and eight dwelling units per acre set forth above.
(g)
Regardless of the menu of the five bonus categories set forth above, the maximum gross density with bonuses shall be six and 15 dwelling units per acre.
C.
Residential uses. The following area and bulk regulations shall apply to all residential uses permitted in the Unified Development District, except residential in a mixed-use development as regulated by § 200-57A:
(1)
Single-family detached, single-family semidetached, and single-family attached:
(a)
Maximum gross density: three dwelling units per gross acre.
(d)
Minimum depth of front yard: 20 feet.
(e)
Minimum depth of rear yard: 20 feet.
(f)
Minimum side yard for single-family detached: 10 feet.
(g)
Minimum side yard for end units of attached dwelling: 10 feet.
(h)
Minimum building separation distance: 20 feet.
(i)
Maximum number of single-family attached units in a building: No building may contain more than five attached units.
(j)
Building height: three stories above average finished grade, not to exceed 45 feet.
(k)
Minimum open space of gross tract area: 20%.
(2)
Multifamily dwellings:
(a)
Maximum gross density: three dwelling units per gross acre.
(b)
Minimum lot area: five acres.
(c)
Minimum lot width: 200 feet at building line.
(d)
Minimum depth of front yard: 65 feet.
(e)
Minimum depth of rear yard: 75 feet.
(f)
Minimum side yard: 50 feet.
(g)
Minimum building separation distance: 30 feet.
(h)
Building height: three stories above average finished grade, not to exceed 45 feet.
(i)
Minimum open space of gross tract area: 20%.
D.
Conditional uses.
(1)
Unless otherwise specifically regulated by this chapter, all other conditional uses shall have a minimum lot area of 10 acres:
§ 200-58 Design standards.
The following design standards shall apply to all uses proposed in the Unified Development District:
A.
Buffer.
(1)
In addition to any required open space area, a buffer shall be required in accordance with the following:
(a)
There shall be a landscaped buffer of a minimum of 25 feet in width, which shall not be considered part of the open space, located along the perimeter of any tract located within 300 feet of existing residential use on an abutting property. (For example, where retail use abuts an existing residential use there shall be a landscaped buffer of a minimum of 25 feet in width). In all other areas, the landscaped buffer shall be a minimum of 20 feet in width.
(b)
All buffers, whether surrounding an individual use or the perimeter of the development project, shall remain free of buildings, structures, roadways and parking facilities, except for accessways and structures needed for ingress and egress, and for approved signage.
(c)
The required buffer area shall be landscaped in order to create both a buffer and visual screen from such properties.
(d)
The buffer shall consist of a combination of 60% evergreen plant material with a minimum height of eight feet within two years of installation. Ornamental plant materials shall be included within the landscaping to provide seasonal color and shall include trees, shrubs, ground cover and a berm with a minimum height of three feet.
(2)
For all other uses within this zoning district, a buffer shall be required in accordance with the following:
(a)
There shall be a landscaped buffer, which may be part of the required open space, of a minimum of 20 feet in width along the perimeter of the tract where such tract borders an existing public road.
K.
Off-street parking regulations as regulated by § 200-109, except that mixed-use development may be built with 4.5 parking spaces per each 1,000 square feet of gross floor area of nonresidential use.
N.
The following design standards shall apply to all mixed-use development as regulated by § 200-56A(26):
(1)
Access. Access to a mixed-use development shall be in accordance with the following:
(a)
Access to a mixed-use development shall be centralized, in order to channel traffic to optimum points of ingress and egress, as identified by PennDOT.
(b)
Consolidation of access drives to unified development projects on adjacent tracts shall be encouraged, particularly when adjacent tracts are being developed simultaneously, in order to reduce the number of new access points on roadways.
(3)
Building facade.
(a)
Rooflines of buildings shall be varied through the use of dormers, gables, and changes in roof pitch. Variation of rooflines shall be used to screen HVAC equipment.
(b)
A vertical expression of buildings shall be created through the use of a facade articulation through the use of windows, doors, pilasters, columns, colonnades, and the like.
(4)
Parking location.
(5)
Streetscape.
(a)
The streetscape shall be embellished with street trees and other landscaping, pedestrian street lights, sidewalks and crosswalks, and other pedestrian amenities, including benches, trash receptacles, and bicycle racks.
(b)
One bus shelter shall be provided for any mixed-use development of 40,000 square feet or more located along a bus route, or when determined necessary by the Township if a bus route exists along Route 41 or Route 7.
(6)
Pedestrian connectivity.
(a)
An interconnected network of sidewalks, walkways, and trails shall be implemented in order to create a pedestrian circulation system.
(b)
Sidewalks and crosswalks shall be provided for connection throughout the development.
(c)
Public pedestrian trails shall be constructed in a mixed-use development which shall connect existing or planned, contiguous Township-owned parkland and trails to a public street and the mixed-use development.
(7)
Pedestrian gathering areas and open space.
(a)
Pedestrian gathering areas shall be at least 3,000 square feet in size or 2% of the gross tract area, whichever is greater.
(b)
Shade trees, plantings, benches, lighting shall be installed and maintained in pedestrian gathering areas.
(c)
Gathering areas. Gazebos or pergolas shall be provided in appropriate areas in order to enhance a pedestrian gathering area.
(d)
Pedestrian gathering areas shall be integrated with sidewalks and crosswalks in the mixed-use development.
(8)
Landscaping. The following standards shall be used in preparing a landscaping plan for any use or mixed-use development within the Unified Development District:
(a)
The landscape plan shall be prepared by a duly licensed landscape architect in accordance with the regulations of the Commonwealth of Pennsylvania. Said plan shall define the type, location, and quantity of all plant materials used. Planting methods shall be outlined.
(b)
All land area, with the exception of walks, drives, parking facilities and service areas, shall be landscaped in a manner that complements the architectural style of structures, provides the required screening, and forms an attractive transition between the natural and man-made environments of the site.
(c)
Land area occupied by trees to be preserved may not require additional landscape treatment. The landscape plan shall incorporate effective efforts to integrate these areas with the developed parts of the site. Invasive species shall be removed.
(d)
Open areas on each lot, not occupied by structures, parking facilities or walkways, shall be suitably graded, drained and landscaped with a combination of the following: sod or seeded lawn, deciduous shade and flowering tree species with a minimum caliper of 2 1/2 inches; evergreen trees with a minimum height of six feet; and evergreen and deciduous shrubs and ground covers. The combination shall provide a minimum of 40% evergreen plant material and 30% deciduous plant material with seasonal color. The landscaping shall be designed so as to not obscure visibility from Route 41 and Route 7 to nonresidential buildings.
(e)
Street trees. Street trees shall be provided along all arterial and collector streets abutting a mixed-use development, as well as along the streetscape internal to the mixed-use development. Street trees shall be regulated by the provisions in the Manual of Design Standards in Appendix F[1] of the Subdivision and Land Development Ordinance.
[1]
Editor's Note: Appendix F is on file in the Township offices.
(f)
Native species. At least 20% of the proposed plant material shall be native plant species.
(g)
All landscaping shall be maintained in perpetuity per the approved landscape plan, and all dead or diseased plant material shall be replaced immediately.
§ 200-59 Development plan.
The following standards, in addition to the requirements of other Township ordinances, shall apply to the preparation of a land development plan for any application within the Unified Development District.
A.
A land development plan shall be prepared and submitted in accordance with the Subdivision and Land Development Ordinance. Such plan shall be prepared for the entire tract, and shall identify and contain:
(1)
The location, size and intended use of all existing and proposed buildings and structures;
(2)
The proposed internal road network, including the intended function, ownership and maintenance of each road segment, all proposed connections to existing streets and future connections via stub roads;
(3)
The location, amount and design of all parking facilities and their relationship to proposed uses; and
(4)
The proposed phasing of the project and an estimated time schedule for each phase and targeted completion date.
(5)
A site plan analysis for the entire tract which shall analyze:
(a)
The natural resources of the tract and how these resources will be considered in the planning and design of the proposed project. The natural resources identified in § 200-55G shall be addressed;
(b)
An access analysis as part of a transportation impact study shall be performed to determine the optimum point of access in terms of safety, highway capacity and integration with existing intersections; and
(c)
The plotting of buildings and structures on adjacent tracts of land within 500 feet of the tract.
B.
A landscape plan shall be prepared for the entire tract in accordance with § 200-58E of this chapter.
C.
A sedimentation and erosion control plan shall be prepared for the entire tract in accordance with § 170-20 of the Township Subdivision and Land Development Ordinance and other applicable regulatory agencies.
D.
Utilities plan. A plan shall be prepared for the entire tract which identifies the location and design of all utilities, including sewer, water, stormwater management, and fire hydrants. Ownership and maintenance of all utilities shall be documented in the plan.
E.
A road profile plan in accordance with § 170-20 of the Township Subdivision and Land Development Ordinance.
F.
When only a portion of a property is shown for land development, with another portion uncertain at the time of plan submission, at least a sketch plan depicting the proposed street network of the uncertain portion shall be submitted.