West Vincent Township
City Zoning Code
City Zoning Code
ARTICLE XIX
Unified Development Area Overlay District
§ 390-113 Purposes.
The Unified Development Area (UDA) District is established for the following purposes:
A.
To provide an opportunity for integrated development of a variety of uses according to a master development plan ("master development plan");
B.
To encourage the preservation of greenway land for conservation and low- to medium-intensity recreation;
C.
To provide opportunities for site design that conserve the natural, historical and visual resources of the tract [as defined in § 390-114B(1) below];
D.
To provide opportunities for stormwater and wastewater management facilities which promote groundwater recharge;
E.
To provide flexibility in design and use of larger tracts of land within the Township consistent with the goals and objectives of the Township Comprehensive Plan and the County Comprehensive Plan ("Landscapes 2"); and
F.
To provide an opportunity for unified and harmonious development in order to establish continuity between uses in terms of character, scale, building massing, internal circulation patterns and greenway land, all of which shall be designed to prevent sprawl by concentrating the development of the tract so as to minimize (to the maximum extent possible) a development's visual and environmental impacts on the Township and surrounding community and to limit the necessary infrastructure within a development.
§ 390-114 Zoning overlay concept and eligibility.
A.
The UDA District of the Township shall be as shown on 390 Attachment 10:9 of the West Vincent Code as adopted on May 27, 1999 (the "UDA Overlay"). All existing and future uses within the UDA Overlay shall be subject to all other applicable provisions of Article XIX of the Township Zoning Ordinance.
[Amended 3-20-2023 by Ord. No. 204]
B.
In order to be eligible for conditional use approval of a master development plan pursuant to this section, all of the following eligibility criteria shall be met:
(1)
The property on which the UDA District and the master development plan is proposed shall be a minimum of 200 acres, which shall be under the legal or equitable ownership of the applicant ("master development plan tract").
(2)
The master development plan tract shall have frontage along a collector or arterial road as designated by the Township Comprehensive Plan.
(3)
If the master development plan tract is not held in single ownership, all of the owners of the tract must join in the application.
(4)
The master development plan tract shall be composed of a combination of residential- and nonresidential-based zoning uses, developed as either:
(a)
Primary residential UDA development. A primary residential UDA development shall be defined as a UDA development where 75% or greater of the developable UDA tract acreage (as defined and calculated below) is utilized for residential uses (as set forth below), with the balance of the developable UDA tract acreage to be utilized as an office park use or a farmstead use.
(b)
Primary nonresidential UDA development. A primary nonresidential UDA development shall be a UDA development where less than 75% of the developable UDA tract acreage (as defined and calculated below) is utilized for residential uses, with the balance of the developable UDA tract acreage to be utilized as an office park or a farmstead use.
(5)
The applicant shall demonstrate compliance with all provisions of this article.
(6)
The applicant shall delineate on the master development plans all areas of developable UDA tract acreage, as well as shall set forth its calculation of the density attributable to each. It shall be noted that neither the percentage limitations set forth in Subsection B(4) above nor the underlying zoning district designation shall serve as a limitation on the siting of any residential uses, office park uses and/or farmstead uses; provided, however, that the density shall not be modified or adjusted based upon the siting of such uses.
§ 390-115 Master development plan approval, eligibility.
A.
Conditional use approval shall be required of the master development plan. There shall be permitted, upon conditional use approval by the Board of Supervisors of an application for a master development plan ("master development plan"), one or more of the following uses:
(1)
Residential uses, including but not limited to single-family detached, single-family semidetached, multiple-family, single-family garden lot development and attached garden lots as described in § 390-116 and subject to the standards therein;
(4)
Any use permitted by the existing underlying zoning district to which the tract is subject.
C.
In addition to an applicant's obligation to demonstrate through the conditional use process those requirements set forth throughout this article, an applicant must demonstrate that a master development plan satisfies all of the following criteria:
(1)
Development pursuant to the master development plan shall be in accordance with the zoning regulations established in §§ 390-116, 390-117 and 390-118 and, to the extent not expressly addressed herein, with the regulations in the underlying zoning districts, provided that the master development plan conditional use approval shall be in lieu of any other requirement for a special exception or other form of use approval otherwise required in an underlying zoning district.
(2)
Greenway land. The amount of greenway land required for a UDA development is dependent on whether the applicant proposes a primary residential UDA development or a primary nonresidential UDA development. With respect to a primary residential UDA development, not less than 60% of the adjusted tract acreage shall be designated and preserved as greenway land. With respect to a primary nonresidential UDA development that provide at least 25% of the developable UDA tract acreage as farmstead use, not less than 60% of the adjusted tract acreage shall be designated and preserved as greenway land. With respect to a primary nonresidential UDA development that provides less than 25% of the developable UDA tract acreage as farmstead use, no less than 80% of the adjusted tract acreage shall be designated and preserved as greenway land. Irrespective of the form of development sought by the applicant, the greenway land shall be designed to link proposed neighborhoods, conserve sensitive environmental and cultural resources (with consideration being given to contiguous wildlife migration corridors) and provide opportunity for low- and medium-intensity recreation. The greenway land shall be dedicated or conveyed to the Township or retained in private ownership for agricultural uses (being permanently restricted by easement or restrictive covenant agreement). The greenway land requirement in this article shall supersede and be in lieu of all other Township ordinances requiring the designation of greenway land or community facilities (except as incorporated herein).
(3)
The layout and distribution of greenway land shall, to the maximum extent practicable, conserve the features identified in the Township's Greenway Land Stewardship Guide and the Township's Open Space and Recreation Plan (such as scenic viewsheds from existing public roads) and to achieve the goals of the Township's Sustainability Plan. In addition, the greenway land shall be in conformity with the Township's objective of conserving an interconnected network of greenway land and shall be in conformity with the purposes set forth in § 390-113.
(4)
In order to promote unified and harmonious development and to further establish continuity between areas of the UDA designated for residential use, farmstead use and/or office park use, all proposed buildings and structures (with the exception of existing or proposed farmstead use buildings or structures) shall conform to the following minimum architectural guidelines:
(a)
All facades shall be of wood, brick, stone, stucco, split and/or smooth face concrete block, vinyl or composite siding, or a combination thereof. The front facades shall be articulated by the use of color, materials (i.e., stone to stucco, masonry patterns, etc.), and roofline (eaves, gables and mansards, etc.).
(b)
Roof material may be wood or asphalt shingles, slate, composite slate or concrete tile. Metal roofing (standing seam-type) is acceptable so long as its color is consistent with the overall palette.
(c)
All rooftop mechanical equipment shall be screened by materials architecturally compatible with the building.
(d)
At the time of preliminary subdivision and land development plan submission, the applicant shall submit, and the Township shall review, the preliminary/conceptual architectural drawings (with materials) demonstrating compliance with these architectural guidelines.
E.
Once the master development plan is approved, permits may be issued only pursuant to approved land development and/or subdivision plans consistent with the approved master development plan.
F.
The master development plan tract may be subdivided for separate ownership or lease (or as otherwise required by the Municipalities Planning Code or Chapter 315, Subdivision and Land Development, of the Township's Code), but only if the subdivision does not interfere with the development or use of the master development plan tract in accordance with the approved master development plan.
G.
Calculation of the developable UDA tract acreage. The developable UDA tract acreage shall be calculated as follows:
(1)
Primary residential UDA development.
(a)
Determine the total tract acreage.
(b)
Calculate the adjusted tract acreage (per the definition thereof included in § 390-8 of this chapter by subtracting the weighted percentages of environmentally sensitive areas, existing rights-of-way and existing easements from the total tract acreage).
(c)
Subtract the required minimum greenway land required in this article (being 60% of the adjusted tract acreage) from the adjusted tract acreage.
(d)
The result of this calculation is the "developable UDA tract acreage."
(2)
Primary nonresidential UDA development.
(a)
Determine the total tract acreage.
(b)
Calculate the adjusted tract acreage (per the definition thereof included in § 390-8 of this chapter, by subtracting the weighted percentages of environmentally sensitive areas, existing rights-of-way and existing easements from the total tract acreage).
(c)
Subtract the minimum greenway land required in this article (being 80% of the adjusted tract acreage) from the adjusted tract acreage.
(d)
The result of this calculation is the "developable UDA tract acreage."
H.
Condominium ownership. If all or a portion of the master development plan tract is to be owned in a condominium form of ownership, the applicant shall designate for each condominium unit and/or building housing multiple condominium units a designated area contiguous to such units equivalent to the required minimum lot width, minimum lot area, minimum side yard, minimum rear yard, minimum front yard, minimum parking area setback, maximum impervious coverage, maximum lot coverage and maximum building coverage, as if the same were subdivided into separate lots. Such designated area shall not overlap the designated area for such area and bulk limitations of another condominium unit.
I.
Environmental. All new residential buildings in a UDA development shall be certified as "LEED housing," and all new nonresidential buildings shall be certified as "LEED construction." An applicant may deviate from this requirement upon approval from the Township Board of Supervisors, in its discretion, if either the LEED certifications referenced above shall no longer be available or should the applicant be able to establish that it will comply with equivalent or greater standards.
J.
Impervious coverage. A maximum of 50% of the developable UDA tract acreage shall be permitted as impervious coverage.
§ 390-116 Residential use.
The following residential uses may be approved by the Board of Supervisors as a component of a master development plan in the UDA Overlay District, subject to the following conditions and other conditions as warranted to secure the purposes of this article and the public health, safety and welfare:
A.
Area. The minimum area of the master development plan devoted to residential uses shall be as set forth in § 390-114B(4) above.
B.
Density. Subject to compliance with the area and bulk requirements of this article, the applicant shall have the discretion to select one of the following density options to be applicable to the proposed UDA development:
(1)
Option 1 (primary residential UDA development with farmstead use; primary nonresidential development with farmstead use). If the developable UDA tract acreage is developed as 75% or less residential use, with the remainder of the UDA tract acreage to be utilized for farmstead use, the permitted residential density shall be 1.40 dwelling units per acre of developable UDA tract acreage. If the applicant dedicates a minimum of 50% of the greenway land to the Township, then the permitted residential density shall be 1.50 dwelling units per acre of developable UDA tract acreage.
(2)
Option 2 (primary residential UDA development with office park/farmstead uses). If the developable UDA tract acreage is developed as 75% residential use, with the balance of the developable UDA tract acreage being a combination of office park uses and/or farmstead uses, then the permitted residential density shall be 1.00 dwelling unit per acre of developable UDA tract acreage. If the developable UDA tract acreage is developed as greater than 75% residential use, with the balance of the developable UDA tract acreage being office park uses or a combination of office park uses and/or farmstead uses, then the permitted residential density shall be 0.75 dwelling units per acre of developable UDA tract acreage. Irrespective of the percentage of residential use provided under this subsection, the applicant shall be permitted an additional 0.01 dwelling units per acre of developable UDA tract acreage for every 1% of developable UDA tract acreage devoted to farmstead use; provided, however, that in no event shall such density bonus result in a density of greater than 1.25 dwelling units per acre of developable UDA tract acreage.
(3)
Option 3 (primary nonresidential UDA development with office park/farmstead uses). If the developable UDA tract acreage is developed as less than 75% residential use, with the balance of the developable UDA tract acreage being a combination of office park and/or farmstead uses, then the permitted residential density shall be 0.60 dwelling units per acre of developable UDA tract acreage.
C.
Area/bulk regulations.
(1)
Multiple-family dwellings (townhouses or quadruplexes).
(a)
Minimum lot area per dwelling unit: N/A.
(b)
Minimum lot width at building line: 20 feet.
(c)
Minimum side yard (end building only): 20 feet; 10 feet when abutting parking area or street right-of-way.
(d)
Minimum rear yard: 30 feet.
(e)
Minimum front yard: 10 feet.
(g)
Parking area set back from lot line or street ultimate right-of-way: 20 feet (applies to parking lots and joint parking areas not to on-lot parking areas associated with individual driveways or garages).
(h)
Maximum height: 35 feet.
(i)
Dedicated street standards: as set forth in Chapter 315, Subdivision and Land Development, of the Township's Code (with any relief from such requirements being sought thereunder).
(j)
Private street standards.
[1]
Private streets shall comply with those standards set forth in Chapter 315, Subdivision and Land Development, of the Township's Code (with any relief from such requirements being sought thereunder).
[2]
Alleys may be permitted, subject to the approval of the Township Board of Supervisors, upon a demonstration that the proposed alleys do not negatively impact the public safety and traffic and pedestrian circulation. Such alleys shall meet the following criteria.
(k)
Maximum impervious coverage: 50% of the lot area for each lot containing multiple-family building(s). The calculation of impervious coverage for the purposes of this provision shall not include impervious coverage attributable to public sidewalks or paved public trails.
(2)
Single-family detached, semidetached or two-family dwellings.
(a)
Minimum lot area per dwelling unit: 8,000 square feet.
(b)
Minimum lot width at building line: 75 feet.
(c)
Minimum side yard: 10 feet, with minimum building-to-building setback of 30 feet.
(d)
Minimum rear yard: 40 feet.
(e)
Minimum front yard: 35 feet.
(f)
Minimum distance between buildings: N/A.
(g)
Parking area set back from lot line or street ultimate right-of-way: N/A.
(h)
Maximum height: 35 feet.
(i)
Dedicated street standards: as set forth in Chapter 315, Subdivision and Land Development, of the Township's Code (with any relief from such requirements being sought thereunder).
(j)
Private street standards.
[1]
Private streets shall comply with those standards set forth in Chapter 315, Subdivision and Land Development, of the Township's Code (with any relief from such requirements being sought thereunder).
[2]
Alleys may be permitted, subject to the approval of the Township Board of Supervisors, upon a demonstration that the proposed alleys do not negatively impact the public safety and traffic and pedestrian circulation. Such alleys shall meet the following criteria.
(k)
Maximum impervious coverage: 30% of the lot area for each single-family detached dwelling unit and 50% for each single-family semidetached dwelling unit. The calculation of impervious coverage for the purposes of this provision shall not include impervious coverage attributable to public sidewalks or paved public trails. Lots containing single-family detached dwelling units may increase the impervious coverage by 20% (to an aggregate of 50% of the lot area), subject to compliance with the criteria set forth in § 390-30G(6).
(3)
Single-family garden lot.
(a)
Minimum lot area per dwelling unit: 6,000 square feet.
(b)
Minimum lot width at building line: 55 feet (40 feet minimum width at street line).
(c)
Minimum side yard: three feet.
(d)
Minimum rear yard: 10 feet (dwelling and garage); three feet (other buildings and structures. including fences and sheds).
(e)
Minimum front yard: 10 feet.
(f)
Minimum distance between buildings: 10 feet.
(g)
Parking area set back from lot line or street ultimate right-of-way: N/A.
(h)
Maximum height: 35 feet.
(i)
Dedicated street standards: as set forth in Chapter 315, Subdivision and Land Development, of the Township's Code (with any relief from such requirements being sought thereunder).
(j)
Private street standards.
[1]
Private streets shall comply with those standards set forth in Chapter 315, Subdivision and Land Development, of the Township's Code (with any relief from such requirements being sought thereunder).
[2]
Alleys may be permitted, subject to the approval of the Township Board of Supervisors, upon a demonstration that the proposed alleys do not negatively impact the public safety and traffic and pedestrian circulation. Such alleys shall meet the following criteria.
(k)
Maximum impervious coverage: 30% of the lot area for each single-family garden lot. The calculation of impervious coverage for the purposes of this provision shall not include impervious coverage attributable to public sidewalks or paved public trails. Lots containing single-family detached dwelling units may increase the impervious coverage by 20% (to an aggregate of 50% of the lot area, subject to compliance with the criteria set forth in § 390-30G(6).
(4)
Additional area/bulk regulations.
(a)
The minimum horizontal distance between groups of townhouses and attached garden lots shall be:
(b)
Access shall be provided in the front of each dwelling. Parking may be provided on the lot, as carports or garages, as an integral part of the dwelling, or as a joint parking facility for a group of dwellings, with such deed restrictions as are necessary to determine ownership and maintenance of parking facilities and methods of assigning charges for snow removal and repair.
(c)
The minimum setback of any townhouse or multifamily building abutting a parking area or its accessway shall be not less than 10 feet.
(d)
Single-family garden lot development.
[1]
Within the three-foot minimum side yard in single-family garden lot development, no structures other than the following shall be permitted: HVAC equipment, upper-level building overhang not to exceed 25 square feet, chimney projections, columns, trellises, fences or garden walls (and in the case of a fence or wall, only where a garden lot dwelling wall which faces the adjacent dwelling is recessed in conjunction with a patio or deck), and any accessory structures deemed appropriate by the Township.
[2]
Construction near lot lines or within yard.
[a]
The owner of a single-family garden lot may construct a dwelling, fence, wall, garage or other structure within 10 feet of a lot line (a "garden lot structure"), in accordance with the Township building permit procedure (except as otherwise permitted in this chapter), only if:
[i]
The lot on which the garden lot structure is constructed benefits from an easement over the adjacent lot to enable the owner to perform maintenance or repairs to such garden lot structure, which easement shall obligate the party exercising its rights thereunder to restore the land disturbed by such exercise;
[ii]
Within the three-foot minimum side yard, the owner of the garden lot structure shall be permitted to plant and maintain grass; and
[b]
For the purposes of Subsection C(4)(d)[2][a][ii] above, a window in a garden lot structure shall not be deemed to be "facing" an adjacent dwelling unless the wall in which such window is installed is parallel to either: [i] the outside wall on the adjacent dwelling which is less than 20 feet away from the garden lot structure; or [ii] the privacy fence between the garden lot structure and the adjacent dwelling.
[3]
In the case where the driveway to the garage is from the alley, then the garage entrance doors must be set back at least 20 feet from the edge of the alley cartway. In the case of reverse-frontage lots, each lot shall provide a rear-yard setback of 40 feet to the building setback line. Garages, parking spaces and access alleys may be located within the setback area where adequate landscaping and berming are provided and access to the lots is restricted to the interior street or rear alley.
(5)
Parking.
(a)
Minimum parking requirements. All buildings and other structures within the residential portion of the master development plan shall be provided with a minimum of two parking spaces per dwelling unit, exclusive of garage spaces and on-street parking.
(b)
Shared parking. One or more parking lots may be designed to service a group of semidetached, attached or multifamily residential units so long as the total number of such parking spaces is no less than 2 1/2 spaces per dwelling unit served thereby and each dwelling unit served thereby has convenient access to the associated parking.
(c)
Paving. All required parking areas and all access drives shall have impervious surface.
(d)
Parking within front yard. Required parking shall be permitted within required front or side yards unless prohibited by other requirements of this chapter.
(e)
On-street parking. On-street parking and parking in alleys may be prohibited or restricted by the Township Board of Supervisors, as the Township deems appropriate for public safety, traffic circulation and/or pedestrian circulation purposes. Parking shall be limited to one side of the street only, unless the applicant demonstrates to the satisfaction of the Board of Supervisors that parking on both sides of the street can be accommodated in a safe and efficient manner.
§ 390-117 Office park use.
The following office park uses may be approved by the Board of Supervisors as a component of a master development plan, subject to compliance with the following regulations:
A.
Office park use regulations. The following uses shall be permitted in the areas of the UDA designated on the master development plan for office park uses:
(1)
Offices or office building for administrative, executive and professional activity, and similar activities involving the performance or rendering of professional services, such as financial institution, mortician, the sale of real estate and business office, including the showing of samples, sale promotion and demonstration of equipment; provided, however, that no merchandise shall be warehoused on the premises for sale, exchange or delivery thereon; and further provided that nothing herein precludes sales or manufacturers' representatives from arranging for the sale of merchandise manufactured, fabricated or warehoused at, or delivered to, locations outside of the UDA.
(2)
Hotel and/or conference center;
(3)
Restaurant, cafeteria or low- to medium-intensity recreational facilities, all of which shall be designed for the comfort and convenience of employees and all of which shall not be offered for use by the general public;
(4)
Places of worship, churches and religious institutions, being further subject to compliance with § 390-153 of this chapter;
(5)
Public uses, structures or buildings owned, operated or subsidized by the Township, a municipal authority organized by the Township, an authority of which the Township is a member, or the county, including libraries;
(7)
Low- to medium-intensity recreational facilities containing amenities such as a golf course, swimming pool, spa, indoor track, weight-lifting equipment, handball courts and facilities typical of a YMCA facility;
(8)
Day-care centers accessory to principal uses;
(9)
Accessory uses, structures or buildings, provided such are clearly incidental to the principal use.
B.
Office park area, density, bulk and parking regulations.
(1)
Height. The height of any building shall not exceed 35 feet.
(2)
Area/bulk standards. An office park shall comply with the following area and bulk standards.
(a)
Minimum lot area: two acres.
(b)
Minimum lot width: 150 feet.
(c)
Minimum building setback when abutting a nonresidential use: 15 feet.
(d)
Minimum building setback when abutting a residential use: 40 feet.
(e)
Minimum building setback from street right-of-way: 10 feet.
(f)
Minimum parking/service setback: 30 feet.*
(g)
Maximum impervious coverage: 50%.
(h)
Maximum building size: 75,000 square feet.**
* | This requirement may be waived when shared parking between separately owned multiple uses are contemplated, so long as the shared parking and circulation is located adjacent to a shared common property line, established pursuant to a shared parking agreement that is subject to the approval of the Township. In addition, appropriate declarations of cross easement for the benefit of each use and lot for the purposes of parking, access, surface and subsurface utilities and stormwater management shall be required, executed and recorded with the Chester County Recorder of Deeds. |
** | An applicant can obtain a waiver from this maximum building size limitation from the Township Board of Supervisors, in its discretion, subject to the applicant establishing to the satisfaction of the Board of Supervisors that the increased building size is necessary to meet the purposes of this article, as noted in § 390-113. |
(3)
Parking. The plan shall meet the provisions of § 390-135 of this chapter (Article XXII, Design Standards), except that, for office park uses, the minimum shall be three spaces for every 1,000 square feet of gross leasable floor area and the parking spaces for each vehicle shall be at least nine feet by 18 1/2 feet in size; provided, however, that it shall be the applicant's burden, as part of the master development plan conditional use procedure, to present clear and convincing evidence of the actual parking needs to be generated by an office park; the Board of Supervisors shall have the authority to reduce these parking requirements based upon evidence submitted by the applicant, and/or evidence submitted by other parties to the conditional use proceeding (including any evidence presented by the Township's traffic consultant). The Board shall also have the authority to designate a portion of the parking to be reserved parking not to be constructed immediately upon development of the office park.
C.
Design standards. In addition to the design standards set forth throughout this article, office park uses shall comply with the design standards:
(1)
Roofs. All buildings within the Office Park Use shall have an appearance of pitched roofs and shall be designed in a manner consistent with the UDA architectural guidelines provided in § 390-115C(4).
(2)
Golf courses within the office park use. A golf course area may be counted toward 30% of the minimum required greenway land area. The balance of any golf course area shall be counted toward the office park use. Such golf course areas to be treated as greenway land may be comprised of tee boxes, fairways, managed roughs and greens, but shall not include cart paths, golf clubhouses or accessory buildings thereto. Such golf courses shall comply with all requirements of § 390-175 of this chapter, and the entirety of a golf course area shall be placed under a conservation easement (to which the Township shall be a third party beneficiary or party), subject to the approval of the Township Board of Supervisors, restricting the same against further land development or further subdivision.
§ 390-118 Farmstead use in UDA.
A portion of the master development plan tract, constituting a minimum of 30% of the adjusted tract acreage, shall be designated as a farmstead agricultural operation. This minimum required farmstead use may be reduced only upon waiver by the Township Board of Supervisors, in its discretion. Only passive agricultural operations uses shall be permitted on a farmstead, excepting that tree nurseries and sod farms shall not be permitted. The farmstead shall be subject to a declaration of restrictive covenants, to which the Township shall be a party, which shall limit the uses of the farmstead in perpetuity to agricultural or forestry uses (provided that this covenant shall not require active agricultural or forestry uses of the farmstead and provided that such shall be subject to the timber harvesting provisions of this chapter), not to be further subdivided or developed except for: (i) agricultural accessory buildings and/or farm buildings and one single-family residence as the main house and not more than one additional residence as a farmstead tenant house; or (ii) sewage facilities. The declaration shall be recorded in the Chester County Recorder of Deeds office.
A.
The farmstead, as so restricted, shall qualify as greenway land in meeting the minimum greenway land requirements of § 390-115. If the farmstead has already been conserved or restricted from further development prior to submission of a conditional use application under this article, the conserved or restricted area shall not be counted toward the minimum required greenway land.
B.
The maximum total building coverage permitted on an area of a property designated for a farmstead use shall be 1.5% of the area designated and delineated for farmstead use, and the total impervious coverage shall be a maximum of 2.5% of the area designated and delineated for farmstead use (excluding access driveways, public sidewalks and paved, public trails).
§ 390-119 Content of application for approval of master development plan.
Applications for adoption of a UDA and approval of the master development plan shall meet all procedural requirements for conditional use approval as required by the Municipalities Planning Code and this chapter, and shall include the submission of a master development plan and accompanying support data for the master development plan tract, as follows:
A.
Master development plan. The master development plan is a conceptual, feasibility analysis of the manner in which the UDA ordinance will be implemented on the master development plan tract. The base site plan for the master development plan shall be drawn at a scale of not less than one inch equals 200 feet and shall contain information sufficient to assess the impact of future development of the tract, including, but not limited to, the following:
(1)
The boundaries of each of the subdistricts within the entire tract, including, but not limited to:
(2)
The general vehicular and nonvehicular circulation pattern for the entire tract, including points of access to the tract, and the location, dimensions and rights-of-way of the major road network that will link subdistricts.
(3)
The source of and general methods by which water shall be supplied and sewage shall be treated and disposed.
B.
Natural features analysis. In order to determine which specific areas of the tract are suitable for development and which areas should be preserved in their natural state, an analysis of natural features shall be required. The following considerations must be included in the analysis and site planning responsive to these findings:
(1)
Topography. An analysis of the terrain of the tract before construction, including mapping of elevation and delineation of slope areas according to the following categories: 0% to 8%, 8% to 15%, 15% to 25%, and over 25% slope.
(2)
Drainage. An analysis of natural drainage patterns and water resources, including streams, natural drainage swales, ponds or lakes, woodlands and marsh areas, floodplain areas, permanent and seasonal high-water table areas shall be included. Natural drainage features, such as lakes, ponds and streams, shall be preserved and incorporated into final design of the development wherever possible and desirable. Where adequate surface drainage is not possible by grading alone, a supplementary drainage system shall be required.
(3)
Geology. An analysis of the characteristics of rock formations underlying the site.
(4)
Soils. An analysis of soil types present on the site, including delineation of prime agricultural soils, aquifer recharge soils, unstable soils, soils most susceptible to erosion, and soils suitable for development. The analysis of soils shall be based on the County Soil Survey of the Natural Resources Conservation Service.
(5)
Vegetation. An analysis of tree and plant cover on the site shall be required. The location of trees and other plant cover should be considered when planning greenway land, location of buildings, underground services, walks and paths, paved areas and finished grade levels.
C.
Community impact analysis.
(1)
An analysis of the potential effects and impacts of the unified development upon the following community facilities will be required:
D.
Additional information. The following additional information shall accompany the master development plan and be made part of the application:
(1)
A narrative describing how the proposed application complies with each of the purpose statements under § 390-113.
(2)
A narrative generally describing proposed covenants, restrictions and development standards for the unified development.
(3)
A narrative description of existing zoning and land uses on, and adjacent to, the tract.
(4)
An inventory of historical resources and existing greenway land and recreation areas on the tract.
(5)
A conceptual development plan with a scale of not less than one inch equals 200 feet, showing such elements as schematic groupings of buildings and structures (including a schedule of gross floor areas and heights); location and schematic layout of proposed landscaped areas; schematic provision of stormwater management facilities accompanied by a written analysis and conclusions as to anticipated methods (prepared by a professional engineer). These elements shall be indicated in sufficient detail to serve as a firm commitment by the applicant with regard to the future development of the tract and for the Board of Supervisors and the Planning Commission to evaluate the effect of the master development plan on the health, safety and general welfare of the Township. A fixed and dimensional layout, showing exact building locations, shapes, dimensions, landscape plans and subdistrict requirements, such as is required for land development approval, shall not be required for master development plan approval.
§ 390-120 Procedures.
The following procedures shall apply to the designation of a UDA district:
A.
Application for conditional use approval. The conditional use application shall be submitted to the Board of Supervisors, together with such fee and such forms as may be prescribed by the Board, which shall, within 30 days of submission of a complete application, refer the application to the County and Township Planning Commissions as required by Article XXVIII. Not later than 60 days after submission of the application, plans and supporting information, the Board shall hold a public hearing to consider the application, pursuant to public notice and posting of the tract as required by the Municipalities Planning Code for conditional use approval. The Board, within 45 days following the conclusion of the last public hearing, shall, by written notice to the applicant, grant or deny approval to the conditional use application.
B.
Conditional use review of master development plan application. The conditional use review of the master development plan application shall comply with the procedures set forth in § 390-219 of this chapter.
C.
Criteria for master development plan application review. In addition to the criteria set forth in § 390-219 of this chapter, the following criteria shall be considered by the Board of Supervisors when evaluating master development plan applications submitted under the provisions of this Article XIX:
(1)
The natural environments of the tract, with particular reference to preservation of streams, woodlands, Pennsylvania Natural Diversity Index sites, woodlands and slopes in excess of 25%, protection against soil erosion and water contamination, and provision for floodwater and surface water runoff control.
(2)
Location of the underlying zoning districts, infrastructure and greenway land shall take into account the following:
(3)
Consideration of traffic improvements designed to alleviate potential vehicular traffic congestion resulting from implementation of the master development plan, including any off-site improvements demonstrated to be required as a result of the UDA development.
(4)
Provision for the ownership, maintenance and use of the proposed greenway land, which will secure proper maintenance and preservation thereof for greenway land purposes.
(5)
Preservation of historic sites and structures.
D.
Authority to attach reasonable conditions to approval. In approving the master development plan application, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in this article, as it may deem necessary to protect the health, safety and welfare of the Township residents.
E.
Submission of subdivision and land development plan. The developer or any successor to the developer for all or any portion of the unified development shall comply with Chapter 315, Subdivision and Land Development, of the Township's Code to the extent that chapter is not inconsistent with the approved master development plan for the unified development. Conditional use approval of the master development plan application by the Board of Supervisors will be in lieu of any other zoning or use approval otherwise required with respect to uses approved as a part of the master development plan application.
F.
Building permits. The Zoning Officer shall not issue any building permits for any improvements within the UDA District until the greenway land is restricted, committed in a manner satisfactory to the Township, or offered for dedication or conveyance as provided in the master development plan application and as required by § 390-115D.
G.
Vested right to proceed. The applicant or any successor to the applicant for all or any portion of the unified development shall have a vested right to proceed according to the master development plan application, and no subsequent change or amendment to the zoning, subdivision and land development ordinance, or other governing ordinance or regulation shall be applied to affect adversely the right of the applicant or any successor to commence or complete any aspect of the approved master development plan application or materially increase the amount of site improvements or the projected cost of construction of buildings and site improvements for a period of 10 years from the date of conditional use approval of the master development plan application.