Washington Township
City Zoning Code
City Zoning Code
ARTICLE VIII
HDV High-Density Residential and Village District
§ 131-26 Purposes; general design regulations.
A.
Purposes. This district has been established and the regulations of this article enacted in support of the following purposes:
(1)
To accommodate high-density development in locations appropriate for such use by reason of access to transportation, characteristics of land and feasibility of provision of public water supply and sewage disposal.
(2)
To provide space for nonresidential activities of a type, scale and use intensity compatible with nearby residential development, thereby accommodating the establishment of a village center area or areas to serve as a focal point for the surrounding neighborhood.
(3)
To provide for development which mixes residential and nonresidential uses in a pleasant, village-type environment.
(4)
To support nonmotorized transportation by requiring the provision of facilities for pedestrians and cyclists as well as by encouraging development that minimizes the distances between activity centers.
(5)
To conserve environmentally constrained areas such as wetlands, steep slopes and stream corridors.
B.
General regulations. The design of all subdivisions in the HDV District shall be governed by the following minimum standards:
(1)
Ownership. A tract of land, whether owned individually or jointly, shall be subdivided as a single tract of land. Joint owners of a single tract of land shall not submit different plans for the same tract of land.
(2)
Site suitability. As evidenced by the sketch plan, preliminary plan and the final plan, the tract shall be suitable for supporting development in terms of environmental conditions, its size and configuration.
(3)
Intersections and access. New intersections with existing public roads shall be minimized. Although two accessways into and out of subdivisions containing more than 20 dwellings are generally required for safety, proposals for more than two entrances onto public roads shall be discouraged if they would unnecessarily disrupt traffic flow.
(4)
Environmentally sensitive area disturbance. Pursuant to Article XX (Environmental Performance Standards) hereof, the proposed design shall strictly minimize disturbance of environmentally sensitive areas, including floodways, slopes greater than 15%, floodplains, wetlands, areas of seasonal high-water table and shallow bedrock areas. Demonstration by the applicant that these features will be protected by the proposed application shall be prerequisite to approval of both the preliminary plan and the final plan.
§ 131-27 Permitted uses.
A.
Permitted uses. Structures may be erected, altered or used and a lot or premises may be used for the following purposes and no other:
(1)
Uses by right, in Option 1 conservation subdivisions, shall be as follows:
(a)
Single-family detached dwellings.
(b)
Two-family dwellings.
(c)
Open space and recreation land.
(d)
Agriculture, subject to the further regulations of § 131-72, including accessory structures and uses to the extent which they support the agricultural function of the property, including barns, silos, bulk bins, roadside stands for the sale of goods grown or otherwise produced on the property and similar uses. The following activities are specifically excluded from this district: feedlots for livestock, mushroom houses, poultry houses and similar activities which typically emit noises and odors of such intensity as to be offensive to residential development.
(e)
Facilities or structures owned or operated by the Township, a duly created municipality authority of the Township or the county, state or federal government for the benefit of the general public.
(f)
Uses customarily accessory to the above uses, including but not necessarily limited to private garages and parking areas; signs in conformance with § 131-78; accessory uses set forth and in conformance with § 131-70; and such other accessory uses as may be further regulated by this chapter or other regulations of the Township.
[Amended 8-26-2010 by Ord. No. 2010-01]
(g)
Communications antennas mounted on an existing public utility transmission tower or an existing water tower and communications equipment buildings.
(i)
Retirement homes.
[Added 3-3-2011 by Ord. No. 2011-01]
(3)
Uses by special exception. The following uses shall be permitted only upon the granting of a special exception by the Zoning Hearing Board in accordance with § 131-105B of this chapter:
(4)
Uses by right, in Option 3 village developments (villages). The development shall be served by the public sanitary sewer system and public water supply system. The following uses are permitted:
(a)
All of the uses permitted in § 131-27A(1) above.
(5)
Uses by conditional use, in Option 3 village developments (villages). The following uses shall require the granting of a conditional use permit by the Board of Supervisors in accordance with § 131-100 of this chapter.
(a)
Retail uses and service businesses.
[1]
The following neighborhood retail uses in Option 3 village development commercial/mixed-use areas in accordance with the requirements set forth in §§ 131-27A(6) and 131-28C and D of this article:
[a]
Retail uses, professional offices and personal or professional services.
[b]
Bed-and-breakfast establishments.
[c]
Second-story residential uses are encouraged, and shared parking arrangements may be allowed.
[d]
Artisan living/working uses, public utilities facilities not owned or operated by the Township or a duly created municipality authority of the Township and uses accessory to the above.
[2]
Specifically excluded from the category of retail uses and service businesses allowed in this subdistrict are flea markets, indoor/outdoor amusement businesses, automotive sales, car washes, gasoline stations, betting parlors, building supply stores, adult bookstores, massage parlors and mini-storage facilities.
(6)
Locational considerations for uses in Option 3 village development (village).
(a)
Residential lots in villages shall not be located within 250 feet of the ultimate right-of-way line of Route 100.
(b)
Commercial/mixed-use areas in villages shall be located so they are easily accessible by pedestrians from as much of the residential areas as possible (preferably within 1,500 feet, a five-minute walk). Nonresidential uses that are intended to serve an area beyond the village itself shall be located to permit vehicular access from outside the village without passing through residential streets. This part of the village may be located close to state-numbered highways.
(c)
Villages are intended to provide for a range of complementary uses and may consist of two areas: residential and commercial/mixed-use areas. These areas are intended to provide for the diversity necessary for traditional village life while maximizing the interactions among related uses while minimizing the adverse impacts of different uses upon each other. The village residential area is intended to contain a variety of housing options and related uses. The village commercial/mixed-use area is intended primarily to provide uses that meet the retail and service needs of a traditional village center and its vicinity within one- and two-story buildings and may contain other compatible uses such as civic and institutional uses of community-wide importance, specifically including second-floor residential uses. The village commercial/mixed-use area may be located either at the approximate center of the village or at the edge, near an existing major or minor collector. If the village commercial/mixed-use area is located along such a thoroughfare, parking areas shall be screened from view, preferably in locating them behind those commercial buildings, as seen from the collector.
(7)
In the HDV District, bearing the additional subdesignation "Mobile Home Park Overlay" on the Official Zoning Map of Washington Township,[2] a mobile home park may be developed as a permitted use subject to and in strict accordance with regulations of Chapter 70 of the Washington Township Code entitled "Mobile Home Parks." This overlay development shall be initiated by the filing of a subdivision land development plan[3] designating the use as a mobile home park. In the event of any conflict or ambiguity between the provision of Chapter 70, Mobile Home Parks, and provisions of Chapter 131, Zoning, or the provision of Chapter 107, dealing with subdivision and land development, the provisions of Chapter 70 shall govern and control.
§ 131-28 Area and bulk regulations; design standards.
A.
Option 1 conservation subdivisions area and bulk regulations.
(1)
Density factor. One dwelling unit per 30,000 square feet of the adjusted tract area as set forth in Article XX of this chapter, provided that all such development shall be in conformance with the following requirements:
(a)
Determining number of lots permitted. The number of lots permitted upon a tract in the HDV District shall be determined according to the formula:
 | |||
Where | |||
ATA | = | The adjusted tract area, in square feet, of the tract proposed for development. | |
N | = | The number of residential lots permitted. Fractional values of N shall be disregarded. | |
(2)
Minimum lot area: 12,000 square feet where public sewage disposal is provided; one acre in all other circumstances.
(3)
Minimum lot width: 70 feet.
(5)
Maximum percentage of impervious surface: 40% limit on each lot.
(6)
Maximum building height: 30 feet.
B.
Option 2 country properties area and bulk regulations.
(1)
Density factor: one dwelling unit per four acres, adjusted tract area.
(2)
Minimum lot area: four acres, ATA. All lots created under Option 2 that are less than eight acres, ATA, shall be permanently restricted through a conservation easement from further subdivision and the development of more than one dwelling. For lots created that are greater than eight acres, ATA, the Board may, at its discretion, require such restrictions as to ensure that the greenway land and/or Option 2 requirements may be met in the future.
(3)
Minimum lot width: 150 feet.
(5)
Maximum percentage of impervious surface: 4% limit on each lot.
(6)
Maximum building height: 30 feet.
(7)
Open space and recreation land: none required.
C.
Option 3 village developments (villages) area and bulk regulations.
(1)
Density factor. One dwelling unit per 10,000 square feet of the adjusted tract area as set forth in Article XX of this chapter, provided that all such development shall be in conformance with the following requirements:
(a)
Determining the number of units permitted. The maximum number of residential units permitted upon a tract in the HDV District shall be determined according to the formula:
 | |||
Where | |||
ATA | = | The adjusted tract area, in square feet, of the tract proposed for development. | |
N | = | The number of residential lots permitted. Fractional values of N shall be disregarded. | |
(3)
Minimum lot area: 7,500 square feet.
(4)
Minimum lot width at building line: 75 feet.
(5)
Yard setbacks. The builder or developer is urged to consider variations in the principal building position and orientation but shall observe the following minimum standards:
(6)
Maximum percentage of impervious surface: 60% limit on each lot.
(7)
Maximum building height: 30 feet.
(8)
Scale criteria for Option 3 village developments (villages). The minimum land area required for a village shall be three acres, adjusted tract area. The minimum land area required in order to develop a village commercial/mixed-use area shall be 26 acres, adjusted tract area.
D.
Dimensional, intensity and design standards for Option 3 village commercial/mixed-use areas.
(1)
Use intensity standards.
(a)
New commercial buildings in village commercial/mixed-use areas and their associated parking spaces shall not occupy more than 25% of the adjusted tract area.
(b)
Nonresidential parking areas shall typically be allowed to occupy up to 80% of their building sites, with relatively little land between structures or between structures and the sidewalk. Parking areas shall generally be located behind shops (and occasionally to one side, if adequately screened from the street) and should be the primary focus of landscaping and buffering efforts (particularly where they abut adjoining residential lots).
(2)
Minimum lot area. The minimum lot area for nonresidential uses in village commercial/mixed-use areas shall be determined by adding 20% to the land area needed for the structure, on-lot parking, ingress/egress and any on-site infrastructure that is required (e.g., stormwater management areas). The additional 20% shall constitute setbacks and landscaped buffers.
(3)
Minimum lot width: 75 feet.
(5)
Maximum building height: 35 feet (but 75 feet for church steeples).
(6)
Additional design standards.
(a)
New buildings in the village commercial/mixed-use area shall be subject to a maximum front setback (the build-to line) in order to maintain a strong sense of streetscape. Such buildings shall generally be of two-story construction and shall be designed in accordance with the design standards set forth below.
(b)
Ground floor space shall generally be reserved for pedestrian-oriented retailing and services, with offices and housing above.
(c)
Each village commercial/mixed-use area shall have a primary common or green of at least 10,000 square feet, which should ideally be surrounded by two-story development that may include commercial, residential, civic and institutional uses. This primary common shall border on the principal street running through the commercial/mixed-use area or be located so as to constitute the terminal vista of that street. No green shall contain more than 10% coverage by impervious surfaces.
(7)
Parking.
(a)
Nonresidential off-street parking shall be to the side or rear or located within internal parking areas not visible from the street.
(b)
On-street parking spaces along the street frontage of a lot (except where there are driveway curb-cuts) shall be counted toward the minimum number of parking spaces required for the use on that lot.
(c)
On-street parking spaces shall be designed to be parallel to the curb.
(d)
Off-street parking may be located within 600 feet (measured along a publicly accessible route) from the lot containing the use to which the parking is accessory. Said lot containing the parking shall be owned or leased to the owner of the principal use, or the lot containing the parking shall be dedicated to parking for as long as the use to which it is accessory shall continue and it is owned by an entity capable of assuring its maintenance as accessory parking.
§ 131-29 Permanent greenway protection through conservation easements; density bonuses; ownership and maintenance; modifications.
A.
(Reserved)
B.
Discretionary density bonuses. Additional density may be allowed by the Board when one of the following public benefits is proposed:
(1)
Public usage of greenway land. The Board may encourage the dedication of land for public use (including active and passive recreation areas, municipal buildings, etc.) according to the following standards. A density bonus for greater public usage of greenway land in new subdivisions shall be computed on the basis of a maximum of one dwelling unit per five acres of greenway land that becomes publicly accessible. The decision whether to accept an applicant's offer to dedicate greenway land to public usage within a proposed subdivision shall be at the discretion of the Board.
(2)
Endowment for greenway maintenance.
(a)
The Board may allow up to a 10% density bonus to generate additional income to the applicant for the sole purpose of endowing a permanent fund to offset continuing costs of maintaining the greenway land (involving activities such as mowing meadows, removing invasive vines, paying insurance premiums and local taxes, etc.), including costs associated with active or passive recreation facilities. Spending from this fund should be restricted to expenditure of interest so that the principal may be preserved. Assuming an annual average interest rate of 5%, the amount designated for the endowment fund shall be at least 20 times the estimated annual maintenance costs. Such estimate shall be prepared by an agency, firm or organization acceptable to the Board and with experience in managing conservation land and recreational facilities.
(b)
Because additional dwellings, beyond the maximum that would ordinarily be permitted, may reasonably be considered to be net of development costs and represent true profit, 75% of the net selling price of the endowment lots shall be donated by the applicant to the greenway maintenance endowment fund for the greenway lands within the subdivision. This fund shall be transferred by the developer to the designated entity with ownership and maintenance responsibilities (such as a homeowners' association, a land trust or the municipality) at the time this designated entity is created.
(c)
When estimating the projected maintenance costs of the greenway land, it is not necessary to include greenway land that is not accessible by the subdivision residents for their common enjoyment. Such lands would typically include areas designated on the final plan for future agricultural, horticultural, silvicultural or equestrian uses, which may be leased or sold to another party for those express purposes, and which are protected from future development by a permanent conservation easement. In such cases, the density bonus shall be adjusted proportionately to reflect only the acreage that is accessible to residents for their passive or active recreation.
C.
(Reserved)
D.
Modifications.
(1)
The Board may, by conditional use approval and after a public hearing, permit the modification of the Option 3 village development (village) provisions of this article, in order to encourage a well-planned traditional town center. However, in terms of modifying any dimensional requirement (lot area, width, setbacks, etc.), such modification may not vary by more than 25%.
(2)
Any conditional use to permit such a modification shall be subject to the following criteria.
(a)
The design and modifications shall be in harmony with the purposes and the land-use standards contained in this article.
(b)
The design and modifications shall generally enhance the development plan, the central core area, the streetscapes and the neighborhoods, or at least not be any less desirable than the plan that could be created in conformance with this article.
(c)
The design and modifications shall not produce lots or street systems that would be impractical or detract from the appearance of the district and shall not adversely affect emergency vehicle access or deprive adjoining noncommercial properties of adequate light and air.
(d)
Increased residential density or intensification of nonresidential uses shall, in general, not be considered by the Board.
(e)
The applicant shall demonstrate that the proposed modifications will produce equal or better results, from the municipality's perspective, and represent the minimum modification necessary.
(3)
If the Board determines that the applicant has met his/her burden, it may grant a modification of the requirements of this article. In granting modifications, the Board may impose such conditions as will, in its judgment, secure the objectives and purposes of this article.