Upper Providence Township Montgomery County
City Zoning Code
City Zoning Code
ARTICLE XXVI
IO-3 Interchange Office, Retail, Service and Recreation District
§ 300-471 Legislative intent.
[Amended 8-7-2006 by Ord. No. 463]
In expansion of the community development objectives contained in Article I, § 300-2 of this chapter, it is hereby declared to be the intent of this article with respect to IO-3 Interchange Office, Retail, Service and Recreation Districts to provide flexible standards for corporate headquarters or multibuilding office, retail, service and recreation development in a campus setting.
A.
To encourage the development of employment centers at the interchanges of State Route 422 (Pottstown Expressway).
B.
To provide for retail and service uses to support office development and their employees in the IO-1, IO-2 and IO-3 Districts.
C.
To provide an attractive gateway into the Township.
D.
To achieve the goals of the adopted Comprehensive Plan by supporting the recommendations of the interchange studies.
E.
To be applied in a manner that will reduce conflicts on existing major arterial highways and minimize travel outside the interchange area.
§ 300-472 Use regulations.
[Amended 8-7-2006 by Ord. No. 463]
In an IO-3 District, a building or group of buildings may be erected, altered or used and a lot may be used for any of the following uses or a combination of the following uses and none others:
A.
Use Group A. Permitted uses, conditional uses and special exception uses as enumerated in Article XXIV, IO-1 Interchange Office District, may be allowed in this District as conditional uses, subject to all applicable regulations in the IO-1 Interchange Office District, except as may be modified herein and subject to the procedural requirements of § 300-60 of this chapter; further provided, however, that the maximum building height shall be 60 feet, and the maximum impervious coverage shall not exceed 65% of the total tract not used for Group B (below).
[Amended 12-4-2017 by Ord. No. 570]
(1)
Research, design, engineering and development, includes manufacturing or assemblage of prototype or limited number of products.
(3)
Fitness center or health club having memberships open to the general public (either freestanding or within a permitted office building).
(a)
Fitness center having memberships limited only to employees of the company or employees within the building where located shall be permitted as an accessory use.
B.
Use Group B. Retail, service, recreation and cultural uses may be allowed in this District as conditional uses pursuant to the requirements set forth herein and subject to the procedural requirements set forth in § 300-60 of this chapter and further subject to the provisions of § 300-475:
(1)
Hotel, including extended-stay hotel which may provide access to rooms by individual outside entrances.
(a)
Convention facilities and meeting rooms when accessory to hotel.
(2)
Restaurants and taverns, excluding drive-through but permitting take-out operations.
(3)
Food court; banquet hall.
(4)
Outdoor dining.
(5)
Delicatessen.
(6)
Tavern, bar or microbrewery.
(7)
Movie theater.
(8)
Live theater, dinner theater, comedy club.
(9)
Health club, fitness center, massage therapy.
(10)
Concert hall.
(11)
Outdoor recreation areas for park and sports facilities, ice rink.
(12)
Swimming pool, swim club, tennis club.
(13)
Office buildings, training center.
(14)
Retail stores.
(15)
Bookstore, furniture sales and showroom, sporting goods.
(16)
Supermarket.
(17)
Specialty food stores, such as organic, cheese, fish, bakery, ice cream, coffee bars.
(18)
Department stores.
(19)
Specialty retail, seasonal and weekend pushcart sales.
(20)
Green market.
(21)
Dry cleaner.
(22)
Bank, including drive-through lanes.
(23)
Hair salon, barbershop, nail salon, spa.
(24)
Mail and package services: Federal Express; Mailboxes, etc.; UPS; USPS; Airborne; etc.
(25)
Copy center.
(26)
Convenience/milk retail.
(27)
Day-care center.
(28)
Pharmacy, including drive-through window.
(29)
Alcoholic beverage sales, state store, beer and wine, beverage center.
(30)
Catering.
(31)
Brokerage, financial, insurance, travel agency and real estate offices.
(32)
Medical and dental offices and clinics, limited to outpatient surgery only.
(33)
Urgent care, ambulance services facility.
(34)
Parking garage.
(35)
Pet supply superstore which may include overnight pet boarding, out-patient veterinary clinics, pet training centers, pet grooming centers and/or pet day-care centers as accessory uses to the superstore. Accessory uses shall not exceed 45% of the gross store area. No individual accessory use shall exceed 35% of the gross floor area. All accessory uses shall be located entirely within the interior of the pet supply superstore. A "pet supply superstore," as that term is used in this section, is a specialty retail store which maintains a retail space of a minimum of 25,000 square feet, within a shopping center with over 500,000 square feet of retail space.
[Added 8-4-2008 by Ord. No. 492]
§ 300-473 Additional Group B uses.
[Amended 8-7-2006 by Ord. No. 463]
The following additional Group B uses may be allowed as conditional uses subject to the requirements of this section, as well as pursuant to all other applicable requirements of this District; and further, subject to the procedural requirements set forth in § 300-60 of this chapter.
B.
Twenty-four-hour service or uses open for patron and customer use between 12:00 midnight and 6:00 a.m.
(2)
The burden shall be on an applicant for extended hours of operation to demonstrate to the Board of Supervisors that the need for a conditional use is vital to the business operations of the applicant or to prove that the extended hours will provide a necessary service to the community which is otherwise unavailable in the immediate vicinity of the site.
(3)
The applicant for a conditional use to permit extended hours of operation shall submit a plan to the Board of Supervisors demonstrating its intentions to mitigate or eliminate any adverse noise or illumination upon adjoining residential districts or street frontage which may arise from the extended hours of operation.
(4)
Any use which is permitted by conditional use to operate after 12:00 midnight or on a twenty-four-hour basis must demonstrate that it will have security patrol to the Township's satisfaction.
(5)
Any use which is permitted by conditional use to operate after 12:00 midnight or on a twenty-four-hour basis must have adequate lighting on all sides of the building in which the use is located or accessed from.
§ 300-474 Prohibited uses.
A.
Adult uses.
B.
Uses open for patron or customer use between 12:00 midnight and 6:00 a.m. unless approved by conditional use.
(1)
Liquor sales permitted by the Pennsylvania Liquor Control Board past 12:00 midnight as part of an otherwise permitted use, theater and hotels are specifically permitted on a twenty-four-hour basis and shall not be considered a prohibited activity.
(2)
Any use which is permitted by conditional use to operate after 12:00 midnight or on a twenty-four-hour basis must demonstrate that it will have security patrol to the Township's satisfaction.
(3)
Any use which is permitted by conditional use to operate after 12:00 midnight or on a twenty-four-hour basis must have adequate lighting on all sides of the building in which the use is located or accessed from.
(4)
Freestanding communications antennas and transmission towers.
§ 300-475 Specific regulations for the implementation of Use Group B.
A.
Group B uses, whether placed on individual sites or in combination with other uses, shall not exceed 50% of the total land area of each IO-3 District but in no event greater than 75 acres.
B.
Group B uses not otherwise permitted in Article XXIV shall not extend beyond a distance of 2,000 feet measured from the ultimate right-of-way of Route 29 (Collegeville Road).
C.
D.
Parking. Parking shall be based upon the sum of the parking required for the various uses contained in the development, based upon the following standards for the uses therein:
(1)
For all retail uses, four spaces per 1,000 square feet of gross leaseable area. For the purposes of this District, the following uses shall apply: Use Group B, uses (5), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26), (27), (29), (30).
(2)
For hotel or extended stay hotel use, 1.25 spaces per guest room.
(3)
For a restaurant designed to serve customers who are not hotel guests within a hotel, 10 spaces per 1,000 square feet of area devoted to patron uses.
(4)
For a convention facility and meeting rooms, 20 spaces for each 1,000 square feet of gross floor area.
(5)
For office uses, four spaces per 1,000 square feet of gross leaseable area.
E.
The Board of Supervisors, by conditional use approval, may permit a reduction in the sum total of the parking for all of the uses shown on the master plan, based on the following:
(1)
In the case of a development plan in which there are efficiencies derived by shared parking for uses which have complementary peak demands, the applicant shall submit parking generation data, based upon standard methodology (such as that published by the Urban Land Institute) sufficient for the Township to determine the appropriate reduction.
(2)
In the case of a development consisting solely of two or more contiguous uses of the same classification not qualifying under Subsection E(1) (above), the Board of Supervisors may permit a reduction of the aggregate amount of required parking based upon a determination that greater efficiency is effected by joint use of a common parking area, but in such case the required number of off-street parking spaces shall not be reduced by more than 25%.
§ 300-476 Special regulations for IO-3 uses.
A.
Trash stations. Dumpster or trash collection stations shall be permitted to the side or rear of a building only, must be enclosed with opaque masonry enclosure to a height of at least six feet and must be maintained to prevent vermin.
B.
Outdoor storage and sales other than restaurant service, specialty food stores and green market when immediately adjacent to the use are prohibited. No permanent or temporary storage of merchandise, articles or equipment shall be permitted outside a building, and no goods, articles or equipment shall be displayed or offered for sale between the front line of any building in the case of an existing building and the front line of the property.
D.
All development within all use groups proposed in this district must follow the design standards as established by the Township in § 270-70 in the Subdivision and Land Development Ordinance.
[Amended 8-7-2006 by Ord. No. 462; 10-1-2007 by Ord. No. 476]
E.
Utilities. All utility lines (electrical, telephone, etc.) shall be placed underground.
§ 300-477 District regulations.
District regulations of § 300-436 shall not apply.
A.
Use Group A.
(1)
Individual lots having a minimum two acres may be created, provided necessary cross easements and restrictive covenants are included to ensure compliance with standards otherwise required but which may not be provided on the individual lot.
(2)
Maximum building coverage shall be 20% calculated over the total tract area utilized for Use Group A and accessory uses and facilities and not applied to individual lots if created.
(3)
Maximum building height: 60 feet but no more than four habitable or occupied stories.
[Amended 12-4-2017 by Ord. No. 570]
B.
Use Group B.
(1)
Individual lots may be created, provided necessary cross easements and restrictive covenants are included to ensure compliance with standards otherwise required but which may not be provided on the individual lot.
(2)
Maximum building coverage shall be 25% calculated over the total tract area utilized for Use Group B and accessory uses and facilities and not applied to individual lots if created.
C.
Site development requirements for Both Use Group A and B.
[Amended 12-4-2017 by Ord. No. 570]
Tract Development Requirement | Dimension | |
|---|---|---|
Minimum tract size (acres) | 25 | |
Minimum tract width along the ultimate right-of-way line (feet) | 500 | |
Minimum building setbacks (feet) | ||
From a limited access highway (Buffer Type 2 required)* | 50 | |
From a controlled or semicontrolled access or arterial highway (Buffer Type 2 required)* | 75 | |
For buildings of two or less stories in height from a collector, feeder or road of any other classification; but in no event less than 100 feet from the ultimate right-of-way of Route 29 (Buffer Type 2 required)* | 50 | |
For buildings three stories or more in height from a collector, feeder or road of any other classification (Buffer Type 3 required) | 100 | |
For buildings up to 60 feet in height from a residentially or institutionally zoned or developed property (Buffer Type 3 required)* | 100 | |
For buildings over 60 feet in height when approved by conditional use from a residentially or institutionally zoned property (Buffer Type 3 required)* | 200, plus 1 foot setback for each 1 foot in height over 65 feet | |
From any other district boundary line (Buffer Type 2 required)* | 50 | |
From interior drives (Buffer Type 1 required)* [Amended 10-17-2005 by Ord. No. 452] | 10 minimum (15 average) | |
From parking areas (Buffer Type 4 required)* [Amended 10-17-2005 by Ord. No. 452] | 10 minimum (15 average) | |
From adjacent buildings (Buffer Type 4 required)* | 20 | |
Minimum parking setbacks (feet) | ||
From a collector, feeder or road of any other classification (Buffer Type 2A required)* | 25 | |
From a controlled or semicontrolled access or arterial highway (Buffer Type 2A required)* | 40 | |
From a residentially or institutionally zoned property (Buffer Type 3 required)* | 50 | |
From any other district boundary line (Buffer Type 2A required)* | 50 | |
From interior drives (Buffer Type 1A required)* [Amended 10-17-2005 by Ord. No. 452] | 10 minimum; provided, however, said setback shall be 15 from a main collector drive or “loop road” | |
From parking areas (Buffer Type 4 required)* [Amended 10-17-2005 by Ord. No. 452] | 10 minimum | |
From adjacent buildings (Buffer Type 4 required)* [Amended 10-17-2005 by Ord. No. 452] | 10 minimum (15 average) | |
*Buffer types defined in Ch. 270, Subdivision and Land Development, are required unless waived by the Board of Supervisors. | ||
§ 300-478 Residential Use Group (RUG-1).
[Added 9-17-2007 by Ord. No. 475]
A.
Legislative intent; tract requirements.
(1)
In expansion of the statement of community development objectives contained in § 300-2 of this chapter, it is hereby declared to be the intent of this section with respect to the RUG-1 to establish reasonable controls and standards of performance for multifamily dwellings in those areas of Upper Providence Township where the existing community presence or planned extension of sewer and water facilities would most readily accommodate the intensity of residential dwelling types permitted in the Township, for the benefit of the residents of the development and in furtherance of the general welfare of Upper Providence Township.
(2)
The RUG-1 shall be applicable to those tracts of property which meet all the following criteria:
(a)
The entire tract is located within the IO-3 Zoning District;
(b)
The entire tract is at least 2,000 feet from the center line of a road classified as an arterial road on the Upper Providence Township Ultimate Rights-of-Way Map;
(c)
The tract has frontage of at least 500 feet on a road classified as a collector road on the Upper Providence Township Ultimate Rights-of-Way Map; and
(d)
The tract is at least 40 acres in size.
B.
Permitted uses. In an RUG-1, by conditional use when authorized in accordance with § 300-60, a building may be erected, altered or used and a lot may be used or occupied for any of the following uses and no others:
(1)
Buildings which contain any combination of attached dwellings and two-story multifamily dwellings. These dwellings may be open market communities and age-restricted active adult communities.
(3)
A principal use permitted herein may be constructed on the same lot with another permitted principal use(s).
C.
RUG-1 regulations. The following regulations shall apply in the RUG-1:
(1)
General regulations.
(a)
Ownership. The tract of land 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, and it shall be agreed that the tract will be developed under single direction in accordance with an approved plan.
(b)
Sewer and water facilities. The tract of land shall be served by public water facilities and public sewer facilities deemed acceptable by the Board of Supervisors, upon recommendation of the Township Engineer.
(c)
Development plan. The application for conditional use shall be accompanied by a traffic impact analysis consistent with the requirements of § 300-438E, a community impact analysis consistent with the requirements of § 300-438I, and a sketch plan complying with the sketch plan requirements of Chapter 270, Subdivision and Land Development. Within one year following the grant of conditional use approval, the applicant shall file a plan or plans showing the detailed use of the entire tract, which plan or plans also shall comply with all requirements of Chapter 270, Subdivision and Land Development, and other applicable ordinances, unless these ordinances are relaxed in accordance with § 300-438D herein. The plan shall clearly designate the proposed use(s) of each area of tract.
(d)
Development stages and permits. The development of a tract, carried out in either a single phase or in stages, shall be executed in accordance with a development agreement. The owner, developer and Township shall enter into said agreement embodying all details regarding compliance with this article to assure the binding nature thereof on the overall tract and its development, which agreement shall be recorded with the final development plan.
(2)
Development regulations. The following development regulations shall be followed by all proposed developments within the RUG-1:
(a)
Utilities. All utility lines (electrical, telephone, etc.) shall be placed underground.
(b)
Height regulations. The maximum height (as defined in § 300-90) of buildings or structures erected or enlarged with the RUG-1 shall be a maximum of 35 feet. Accessory buildings shall not exceed one story or 25 feet; however, a clubhouse building shall not exceed 30 feet.
(c)
Parking regulations. Parking requirements for the RUG-1 shall be as follows:
[1]
For the residents of each dwelling unit, not less than two off-street automobile parking spaces shall be required. The required spaces, when they are not an integral part of the building design, shall be arranged within a court or separate parking area(s). If one or more parking spaces are provided within a garage for that unit, the off-street area in front of the garage may also be counted as a parking space.
[2]
If a clubhouse or common facility is provided, parking for that facility will be provided pursuant to the requirements for a private meeting room or place of private assembly pursuant to § 300-576B(1)(a).
[3]
For guest parking, the applicant shall demonstrate that there is sufficient on- and off-street parking available. If this cannot be demonstrated to the Township's satisfaction, visitor parking shall be provided at the rate of 1/2 parking space per unit, in addition to the parking as required in Subsection C(2)(c)[1] above. If centrally located with respect to the majority of dwelling units, clubhouse and common facility parking spaces provided pursuant to Subsection C(2)(c)[2] above may be used in calculating the number of visitor parking spaces provided.
[4]
No parking area of three or more cars shall be located closer than 25 feet to a perimeter property line or to an ultimate right-of-way line of any abutting road classified as a limited-access highway on the Upper Providence Township Ultimate Rights-of-Way Map, nor closer than 50 feet to the right-of-way line of any other abutting road. This provision shall not apply to parking for resident access adjacent to mailbox facilities provided within the community.
[5]
In parking areas storing 10 or more cars, not less than 10% of the area devoted to parking facilities shall consist of interior parking lot landscaping. As a requirement in the RUG-1, such landscaping shall be designated on a separate landscape plan as set forth in § 300-478C(2)(h) below and in accordance with Chapter 270, Subdivision and Land Development, of the Code of the Township of Upper Providence.
(e)
Access. Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the RUG-1 residential development without causing undue confusion or interference with the normal traffic flow.
(f)
Common areas and facilities. The provision of certain facilities serving the entire development, such as parking lots, interior pedestrianways, driveways or alleys, lighting facilities, landscape planting areas, buffers, open space and recreation facilities, etc., is hereby encouraged and may be located either on individual lots or in common areas. In cases where they are provided in common areas, provisions satisfactory to the Board of Supervisors must be made for their perpetual maintenance and care. The use of these facilities may be restricted to the residents of the development, where practical, and may be maintained by the developer, a homeowners' association or similar entity. In addition to the foregoing, RUG developments shall provide the following facilities for the general public:
(g)
Lighting facilities. Lighting facilities shall be provided as needed and arranged in a manner which will protect the highway and neighboring properties from unreasonable direct glare or hazardous interference of any kind. Lighting facilities shall be required for the safety and welfare of the residents of the development and shall be installed by the developer at his expense and shall be in accordance with the provisions of Chapter 270, Subdivision and Land Development, of the Code of the Township of Upper Providence, § 270-76.
(h)
Landscaped planting. A separate landscape plan shall be submitted as part of the land development approvals, stipulating buffer and street tree landscaping proposed in connection with the development of RUG-1 residential units.
[1]
Shade trees shall be provided along street frontage occupied by an RUG-1 residential development in accordance with the requirements of Chapter 270, Subdivision and Land Development, of the Code of the Township of Upper Providence.
[2]
Buffer area. A permanent landscaped planting area of at least 15 feet in depth, designed for filtering from view any uses which are adjoining and contiguous to the development, will be provided. In addition, this buffer will be applied to street frontages where the rear of dwellings face the street. All required buffers shall comply with the evergreen and deciduous percentages of a Type 3 buffer pursuant to § 270-68D(5)(e) of Chapter 270, Subdivision and Land Development, of the Code of the Township of Upper Providence.
(3)
Density and dimensional requirements.
(a)
The following maximum density shall apply in the RUG-1:
[1]
For residential dwellings, the maximum permitted density shall be:
(b)
Building coverage: maximum of 25%.
(c)
Impervious coverage: maximum of 50%.
(d)
Setback from property lines and streets. A building setback of 100 feet shall be provided along the right-of-way for any feeder road where residential uses occur on the opposite side of the road and along the rear property line of residential lots. A building setback of 50 feet shall be provided from collector, arterial, and limited-access highways and all other property lines.
(e)
Building separation.
[1]
Distance of 30 feet between buildings containing attached dwellings or multifamily dwellings.
[2]
Setback of 20 feet from internal private streets and alleys for fronts, sides, and rears of buildings.
[3]
Setback of 15 feet from parking spaces that are either perpendicular or parallel to buildings.
(f)
Building length. The maximum length of any residential building shall be 155 feet.
D.
Plan modifications. The Board of Supervisors may grant modifications from the specific requirements herein, and those of Chapter 270, Subdivision and Land Development, provided that the spirit and intent of this article and the statement of community development objectives contained in § 300-2 are observed and that the overall densities specified herein are maintained.
§ 300-479 Residential Use Group (RUG-3).
[Added 12-4-2017 by Ord. No. 570]
A.
Legislative intent. In expansion of the statement of community development objectives contained in § 300-2 of this chapter, it is hereby declared to be the intent of this section to establish reasonable controls and standards of performance for residential multifamily dwellings in those areas of Upper Providence Township where the confluence of existing commercial shopping areas, infrastructure, public transportation, and employment centers most readily accommodates the intensity of the residential dwelling types permitted in this section.
B.
Tract Requirements and Permitted Uses.
(1)
RUG-3 shall be a conditional use applicable to parcels of land zoned IO-3 (Interchange, Office, Retail, Service and Recreation District) that meets all the following criteria:
(a)
The entire tract is located within the IO-3 Zoning District;
(b)
The tract or lot has frontage of at least 175 feet on an arterial road;
(c)
The tract under development for the RUG-3 is at least 25 acres in size;
(d)
The tract has a common property line with a developed shopping center.
(e)
The proposal satisfies all applicable objective conditional use criteria adopted by ordinance prior to submission of the application.
(2)
In any development pursuant to RUG-3, a master plan of the tract shall be submitted in conjunction with the conditional use application for approval by the Board of Supervisors.
(b)
The master plan shall also include the information required within § 270-32D for the proposed lot and road layout. This is intended to show relationships among the various buildings and parking areas, stormwater and sewage facilities, and shall show how development of the entire tract, once executed in accordance with the plan, will function cohesively as an integrated development.
(c)
Pedestrian accommodations shall be included on the development tract in locations logical to provide pedestrian movement between buildings, between buildings and parking areas and between buildings and parking areas and open spaces. Said pedestrian accommodations shall be reflected on the Master Plan.
(d)
Any change to proposed lots, buildings, circulations, parking, landscaping or extent of natural features preservation which is substantive in the opinion of the Board of Supervisors will necessitate a revised master plan to be submitted, approved and recorded to replace any prior master plan(s). No subdivision or land development for any development on the subject development tract shall be approved without a current recorded master plan.
(3)
In a RUG-3, a building may be erected, altered or used and a lot may be used or occupied for any of the following uses and no others:
(a)
Residential buildings which contain any combination of attached dwellings and multifamily dwellings.
(b)
A hotel, including extended-stay hotels. Hotels built in conjunction with a multifamily development under RUG-3 shall not be considered a Group B use, as set forth in the underlying IO-3 District.
[1]
Hotels and associated parking are limited to an area not to exceed four acres. This area shall include all setbacks and land development associated with the hotel use. Common driveways that serve both a multifamily and hotel use are not included in the four-acre area.
[2]
Hotels and associated parking shall be within 350 feet of the property line shared with the shopping center and in no event may exceed a height of 65 feet.
(d)
Recreational uses. In addition to accessory uses customarily incidental to a residential use, appropriate accessory uses may be developed in conjunction with any of the uses; provided, however, that none is intended as an independent freestanding commercial use, but which may include the following:
(e)
Commercial uses with the following conditions:
[1]
The use must be wholly contained (other than outdoor seating) within the multifamily residential buildings.
[2]
Commercial uses are limited to the ground floor of all buildings; utility space may extend beyond the first floor, but may not have public access.
[3]
Commercial uses are limited to those multifamily buildings with facades within 100 feet of the shared shopping center property lines.
[4]
Uses are limited to the following:
[a]
Retail establishments directly serving the needs of the residential units, including but not limited to pharmacies, coffee shops, newsstands or any other use of a similar nature.
[b]
Service establishments directly serving the needs of the permitted uses herein, including but not limited to such uses as automated bank machines, fitness centers, travel consultants, single practitioner medical offices, and other small-scale office uses of a similar nature.
[c]
Full-service restaurant serving food on premises with table service and using reusable (nondisposable) dishes and utensils.
(f)
A principal use permitted herein may be constructed on the same lot with other permitted principal uses.
C.
RUG-3 regulations. The following regulations shall apply in a RUG-3:
(1)
General regulations.
(a)
Ownership. The tract of land 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, and it shall be agreed that the tract will be developed under single direction in accordance with an approved plan.
(b)
Sewer and water facilities. The tract of land shall be served by public water facilities and public sewer facilities deemed acceptable by the Board of Supervisors, upon recommendation of the Township Engineer.
(c)
Development plan. The application for the conditional use shall be in accordance with § 300-60 of this chapter and shall be accompanied by a traffic impact analysis consistent with the requirements of § 300-438E, a community impact analysis consistent with the requirements of § 300-438I, and a tentative sketch plan as required by the Subdivision and Land Development Ordinance, § 270-31. The plan shall clearly designate the proposed use(s) of each area or tract.
(d)
Development stages and permits. If the development of a tract is to be carried out in one or multiple phases or stages, said development shall be executed in accordance with a development agreement. The owner, developer and Township shall enter into said agreement embodying all details regarding compliance with this section to assure the binding nature thereof on the overall tract and its development, which agreement shall be recorded with the final development plan.
(2)
Development regulations. The following development regulations shall be followed by all proposed developments in a RUG-3:
(a)
Utilities. All utility lines (electrical, telephone, etc.) shall be placed underground.
(b)
Height regulations. The maximum height (as defined in § 300-90) of apartment buildings or structures other than hotels erected or enlarged in a RUG-3 shall be a maximum of 55 feet. Buildings may exceed 55 feet given the following:
[1]
If maximum building height is greater than 55 feet, the setback from any residential use shall be increased one foot for every foot over 55 feet. In no case shall a building exceed 75 feet.
[2]
Buildings may have a maximum building height of 75 feet, but there shall not be more than five floors of residential use and one floor of parking within the seventy-five-foot space.
[3]
All buildings that exceed 55 feet in height shall be certified Silver or higher classification by the United States Green Building Council standards for LEED construction.
(c)
Accessory buildings and structures shall not exceed 35 feet, including a separate clubhouse.
(d)
Parking regulations. Parking requirements for RUG-3 shall be as follows:
[1]
For the residents of each dwelling unit, no fewer than 1.7 automobile parking spaces shall be required for the first phase of development.
[3]
Parking for those nonresidential uses permitted in § 300-479B(3)(e) shall comply with the standards set forth in Article XXXII; however, parking spaces may be provided at 1/2 of the amount described therein upon presentation of a shared parking agreement through which 1/2 of the total required parking can be shared as between residential and nonresidential uses.
[4]
Parking may be phased to run concurrent with the residential buildings. The installation of parking spaces shall be phased to ensure that at no time will parking be less than 1.7 parking spaces per the number of built dwelling units.
(e)
Signs. Signs shall be permitted, subject to the requirements of Article XXXIII of this chapter. No signage of any type shall be permitted within 100 feet of an arterial highway or be illuminated in any manner when facing an arterial highway as defined by the Township's right-of-way map.
(f)
Access. Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the residential development, without causing undue confusion or interference with the normal traffic flow.
(g)
Common areas and facilities. The provision of certain facilities serving the entire development, such as parking lots, interior pedestrianways, driveways and alleys, lighting facilities, landscape planting areas, buffers, open space and recreation facilities, etc., shall be required. In cases where they are provided in common areas, provisions satisfactory to the Board of Supervisors must be made for their perpetual maintenance and care. The use of these facilities may be restricted to the residents of the development, and may be maintained by the developer, a homeowners' association or similar entity. In addition, the foregoing RUG-3 developments shall provide the following facilities:
[1]
A bus stop for mass transit will be set aside, and a bus shelter shall be provided constructed by the developer if and when determined as necessary, now or in the future, by the Township Board of Supervisors or the mass transit agency.
[2]
At least one school bus stop shall be provided in an area separate and distinct from the mass transit bus stop. If required by Spring-Ford School District more than one bus stop may be provided; and
[3]
Public walkways or trails connecting the community to surrounding properties, existing or planned pedestrian circulation systems, and the bus stops for both mass transit and school buses.
(h)
Property maintenance area. A suitable outdoor area shall be provided on site for the storage of landscaping, snow removal, and other property-maintenance-related materials. Property maintenance areas shall be:
[1]
Clearly separate from any other uses on the site;
[2]
Separate from any required parking spaces; and
[3]
Screened from view from public roads and surrounding properties with a Buffer Type-2 as defined in § 270-68D, in Chapter 270, Subdivision and Land Development Ordinance. The requirement for a buffer width of 25 feet only applies on those areas that face non-RUG-3 residential developments; in all other locations, the buffer may be a minimum of 15 feet in width.
(i)
Lighting facilities. Lighting facilities shall be provided as needed and arranged in a manner which will protect the highway and neighboring properties from unreasonable direct glare or hazardous interference of any kind. Lighting facilities shall be required for the safety and welfare of the residents of the development and shall be installed by the developer at his/her expense and shall be in accordance with the provisions of § 270-76 of Chapter 270, Subdivision and Land Development, of the Code of the Township of Upper Providence.
(j)
Landscape planting. A separate landscape plan shall be submitted as part of the land development approval process, stipulating buffer and street tree landscaping proposed in connection with the development of RUG-3 residential units.
[1]
Shade trees shall be provided along all private and public street frontage occupied by a RUG-3 residential development in accordance with the requirements of Chapter 270, Subdivision and Land Development, of the Code of the Township of Upper Providence.
[2]
Buffer area. A permanent landscape planting area designed for filtering views from any uses which are adjoining and contiguous to the development will be provided as set forth in accordance with the Subdivision and Land Development Ordinance, § 270-68D(5).
D.
Conditional use application requirements in addition to those set forth in Article II, § 300-60, of this chapter.
(1)
A market study shall be prepared and shall demonstrate, to the satisfaction of the Board of Supervisors, the need for said use(s). Said study shall include, but not be limited to, a full description of the proposed use(s) and the anticipated market area for the proposed use(s), an estimate of the number of users, a description of similar facilities within the market area, as well as any additional factors which will adequately demonstrate the market demand for the proposed use(s) both at the time of initial occupancy and at the time of full usage.
E.
Phasing.
(1)
If the development of a tract is to be carried out in two or more phases, when authorized by the Board of Supervisors as part of the conditional use application, and pursuant to the procedural requirements set forth in Article II, § 300-60, of this chapter and pursuant to the requirements set forth herein executed in accordance with a development agreement:
(a)
A phase plan must be submitted with the conditional use application or the applicant may clearly delineate the phases on the master plan required herein.
(b)
The number of residential units in Phase 1 shall be no greater than 70% of the total number of units being proposed. The development of subsequent phases are subject to:
F.
Tract development requirements. The requirements in this section are applicable to any tract of land to be developed pursuant to this article. All building setback, parking setback, building spacing and building height regulations contained herein shall only apply to any RUG-3 development. All building and parking setbacks from a roadway shall be from the ultimate right-of-way of that roadway; in the case of setbacks from an internal road serving to access buildings within a development, the setbacks shall be measured from the established curbline. All buffers required pursuant to this section shall be installed in accordance with the specifications contained in § 270-68, Planting, in Chapter 270, Subdivision and Land Development.
(1)
Site density and bonus options.
(a)
Base density: 20 units per developable acre.
(b)
Density bonus provisions.
[1]
By providing any of the following, developments within RUG-3 may increase their density by 2.0 units per developable acre for each amenity provided, up to four amenities:
[a]
Public square with amenities or fully developed park over one acre.
[b]
Public trails and sidewalk totaling 200 linear feet and connecting to at least three existing trail or sidewalk locations adjacent to the RUG-3 development.
[c]
Multifamily buildings certified Silver or higher by the United States Green Building Council (USGBC) standards for LEED construction. Given that certification by USGBC occurs post-construction, the architect for the developer is required to submit a report showing how the proposed buildings comply with the current standards for Silver certification with the conditional use application.
[d]
Multifamily buildings are 80% one and two-bedroom units, with 50% of all units having outdoor balconies.
[e]
Commercial uses comprise 50% of the first-floor area of all multifamily buildings.
(2)
Standard development requirements.
(a)
Building coverage: 25%.
(b)
Impervious coverage: 65%.
(c)
Building setback from property lines and streets.
(d)
(e)
Building length. The maximum length of any residential building in one direction shall be 250 feet.
(f)
Parking setbacks.
[1]
Forty feet from the ultimate right-of-way of a limited-access highway.
[2]
Twenty-five feet from the ultimate right-of-way from a collector road.
[3]
Twenty-five feet from a perimeter property line abutting a residential use.
[4]
Fifteen feet from a perimeter property line abutting a commercial use.
[5]
Twelve feet from a building.
(3)
Required amenities and recreation areas. For the use of the residents of a RUG-3 development a minimum of eight of the following must be provided:
(a)
Tennis, basketball, or other surface-treated multipurpose court area.
(b)
Bocce court.
(c)
A minimum of one pool of a size determined to sufficiently serve the projected population at project completion, as approved by the Board of Supervisors.
(d)
Tot lots or other play structures as approved by the Board of Supervisors to sufficiently serve the projected population at project completion.
(e)
Indoor workout facilities with associated equipment.
(f)
Indoor community meeting area.
(g)
Dog run or other type of enclosed pet area.
(h)
Electric car-charging stations.
(i)
Outdoor kitchen and grilling stations.
(j)
Bicycle storage, both long-term internal storage and outdoor bike rack for short-term storage. Interior storage must be provided at one storage space for 15% of the total units in a given building.
(k)
Game room/media center.
G.
Plan modifications. The Board of Supervisors may grant modifications from the specific requirements herein, and those of Chapter 270, Subdivision and Land Development, provided that the spirit and intent of this article and the statement of community development objectives contained in § 300-2 are observed and that the overall densities specified herein are maintained.