Willistown Township
City Zoning Code
City Zoning Code
ARTICLE XXII
Planned Highway Corridor District
§ 139-127 Purpose.
The Planned Highway Corridor District is established to provide opportunities for highway-related uses to develop along the Route 3 Corridor (West Chester Pike) without reducing the function of Route 3 as designated. The district is intended to provide an alternative to traditional single-use parcel-by-parcel development by accommodating a variety of activities and uses in the development of larger tracts in a unified manner. In addition to the general goals stated in the preamble of this chapter,[1] the purposes of this article are to:
A.
Recognize Route 3 as a principal arterial highway and to retain the function of this access corridor.
B.
Accommodate more intensive development usually related to major roads.
C.
Encourage site design that maintains the efficiency of the circulation system and limits the number of direct-access connections to Route 3.
D.
Reduce the potential for conflicting purposes of access along Route 3.
E.
Limit the adverse impact to environmental conditions created by highway-related uses accommodated under this district.
§ 139-128 Overlay district; applicability.
The Planned Highway Corridor District is an overlay district to be applied to the assigned base zoning district, as defined by the Willistown Zoning Map. The overlay district shall serve as an alternative to the otherwise applicable zoning district provisions. The Planned Highway Corridor District shall apply to tracts of land which satisfy the qualifying conditions set forth in § 139-129 below and shall be applicable to the portion of the Township bounded as follows: on the east and west by the Township border; on the north by a line parallel to the center line of Route 3 and 850 feet north of said center line and on the south by a line parallel to the center line of Route 3 and 600 feet south of said center line.
§ 139-129 Qualifying conditions.
The following conditions shall be satisfied prior to the consideration of any tract for development under the provisions of this article by the Board of Supervisors. No tract shall be eligible for development under this article unless it meets the following conditions:
A.
The tract(s) shall be entirely within the Planned Highway Corridor District and shall be held in single and separate ownership.
B.
The tract shall be developed under a single master development plan, which shall include all lands to be considered for development, whether immediate or future.
C.
The tract to be considered shall contain a minimum of 15 contiguous acres to qualify for planned office park use or a minimum of 10 contiguous acres to qualify for other uses under this article.
D.
The tract shall have frontage along Pennsylvania Route 3 -- West Chester Pike.
E.
The tract and proposed lots shall be environmentally suitable to support the type of development being proposed. Sewer and water facilities shall be so designed to adequately serve the proposed development and shall be in compliance with the regulations of the Pennsylvania Department of Environmental Resources and any other applicable governmental laws or regulations.
F.
Unique natural features of the tract, including but not limited to floodplain and steep slope areas, shall be preserved through sensitive environmental site design.
G.
All negative off-site impacts associated with a use under this district will be minimized through proper site planning. In complying with § 139-130 below, the applicant for conditional use shall demonstrate and disclose such potential impacts, and the application shall set forth the manner in which the adverse impact thereof shall be minimized.
H.
For historic resources only, in order to qualify for the uses set forth in § 139-131H, the historic resource must be a single contiguous property entirely or at least partially within the Planned Highway Corridor District as defined in § 139-128 of this chapter. The historic resource must be on the Township's Historic Resources Inventory pursuant to § 139-162.
[Added 7-8-1986 by Ord. No. 7-1986; amended 6-11-2001 by Ord. No. 3-2001]
§ 139-130 Application for conditional use.
All applications for conditional uses under this article shall require a public hearing prior to action by the Board of Supervisors upon the application. The hearing(s) shall be held in order to receive public input on the project and to estimate the level of impact a proposed use will pose on existing natural conditions, community services and the highway network. The following minimum requirements shall apply to all applications for conditional use under this district, and no conditional use shall be approved by the Board of Supervisors unless the applicant therefor satisfies the following minimum requirements:
A.
The applicant shall comply with the procedures governing conditional use applications outlined under § 139-118.1 of this chapter.
B.
The applicant shall submit a master development plan as part of a conditional use application, which includes the following items, at a minimum:
(1)
Tract data: a survey plan which identifies total acreage of the tract, tract boundaries, showing bearings and distances, and the ownership of the tract and all adjacent properties. The legal limits of the right-of-way to Route 3 shall be shown, along with the limits of an ultimate right-of-way as described under Subsection B(5).
(2)
Environmental data: a plan which identifies the limits of designated floodplain areas, seasonal wet and alluvial soil conditions, woodland areas and steeply sloped land in excess of a slope of 15%.
(3)
Development data: A sketch plan which indicates any proposed subdivision of the tract with sufficient data to prove that the proposed layout will comply with all requirements of the Zoning and Subdivision and Land Development Ordinances.[1] In the case of land development, the location of proposed development, internal streets, principal buildings and parking areas shall be shown. The plan shall indicate the general type of uses planned and the location of each such use within the tract. In the case of a combination of uses, the type of buffer treatment to be used between the individual uses shall also be shown.
(4)
Means of access: a plan which identifies all existing access-point/curb cuts, including but not limited to public roads, along the frontage of the tract along Route 3 and for a distance of at least 500 feet east and west of the tract and such other existing access-point/curb cuts along Route 3 at a greater distance from the tract if such existing access-point/curb cuts will in any way impact upon the traffic entering into and/or exiting from the proposed development. The plan shall also show all other public roads within 500 feet of the tract proposed for development and all new access points or connections into the existing public highway system proposed as part of the development plan.
(5)
Offer of ultimate right-of-way: The plan shall identify the limits of an ultimate right-of-way along Route 3 no less than 60 feet from the center line. A perpetual offer of dedication shall be provided by the applicant. All setbacks shall be measured from the ultimate right-of-way line.
C.
The applicant shall be responsible for the preparation and cost of a traffic impact study. Such study shall be prepared by a traffic consultant hired by the applicant with the approval of the Township. The study shall enable the Township to assess the impact of a proposed development on the highway network, to identify traffic problems associated with the proposed development, to identify solutions and to present improvements to be incorporated into the project design.
D.
Community impact study: The applicant shall submit a study which will sufficiently assess the impact the development will have on the community and its level of public services and the manner in which negative impacts thereon shall be resolved by the applicant, to enable the Board of Supervisors to ascertain if the proposed development is capable of being serviced by the public services as proposed and, further, to determine if the applicant has made reasonable effort to minimize the negative impact of the development on such services. The study shall include, at a minimum, a study of at least the following services and facilities:
(1)
Fire protection: The impact the proposed development will have on fire protection capability, including, but not limited to, municipal water supply, pumping capacity and specialized equipment, should be analyzed. The applicant must adequately demonstrate what effect the proposed development will have on these factors and its ability to meet any specialized needs so that the development will not have any adverse impact on the public safety by adversely affecting the fire protection capability available to the community including the proposed development.
(2)
Solid waste: A study to determine what amount of solid waste will be generated as a result of the development should be analyzed. The study should identify what method will be used to dispose of solid waste and what effort will be directed toward recycling solid waste.
(3)
Historical: A study shall be made that determines the location of historic properties and structures both on and within 500 feet of the site and the effect said development will have on these properties and structures and what effort the developer will make to preserve such historic properties and structures. Determination of historical significance and the treatment of all negative impacts will be considered by the Township Historical Commission with the final decision on treatment resting with the Board of Supervisors.
(4)
Water: A study of the amount of water needed for domestic and fire use shall be provided. Study shall indicate the location of the source and anticipated pressure of the proposed source. The applicant shall indicate willingness to pay for cost of improvements to a public water system if it is determined that connection to said system is necessary.
(5)
Sewer: A study providing information on the alternative methods of sewage disposal shall be provided. The developer shall provide information on the estimated gallons per day of sewage that will be treated by the proposed use(s).
E.
Environmental impact study: A study shall be prepared which surveys environmental information and which addresses how these sensitive areas will be conserved and protected. This information shall serve as a basis for designing the development which is responsive to environmental conditions. Treatment of environmental features shall be on a case-by-case basis. To assess such features, the study shall include the following data in this analysis:
(1)
Floodplain: the limits of the Floodplain Conservation District as defined under this chapter. The limits of any floodplain district shall be noted on a plan depicting the tract. Treatment of floodplain designated lands shall be in accordance with Article XVI of this chapter.
(2)
Steep slope: areas containing slope in excess of 15% as identified from United States Geological Survey Quadrangle Maps or through actual site analysis. The limits of steep slope shall be noted on a plan depicting the tract. Treatment of slopes in excess of 15% shall be in accordance with Article XVII, § 139-107, of this chapter.
§ 139-131 Permitted conditional uses.
All uses permitted under this district shall be permitted only after conditional use approval. A building or buildings may be erected, altered or used and a lot may be used or occupied for any of the following uses, when approved by the Board of Supervisors as a conditional use:
A.
Planned office park, provided that such park shall have no retail sale of goods to the general public. A planned office park is a single tract of ground developed under a single unified master development plan which provided for multiple buildings and uses. The uses permitted in a planned office park shall be any or any combination of the following and no others:
(1)
Professional, business, executive and administrative offices.
(2)
Research and development uses.
(3)
Service and support commercial uses, subject to the following criteria:
(a)
Such uses must be located in a building and shall be primarily intended to serve the office park. The uses shall have a character and size which complements the park and shall remain incidental and accessory to the park.
(b)
Support uses may include reproduction/duplicating service, stationery store, computer center, corporate cafeteria and day-care center.
[Amended 6-16-1998 by Ord. No. 4-1998]
(c)
Support uses shall be located within the park and shall not front on an external street nor face Route 3 nor be designed or have such signage or other advertising material to attract attention or invite use of the facilities other than from within the park.
B.
Professional, business, executive and administrative offices, which may include a variety of such types of offices and related facilities when utilized by a single user in the type of use generally referred to as a "corporate headquarters."
C.
Research and development uses.
G.
Accessory use on the same lot with and customarily incidental to any of the above permitted uses. Examples of customarily incidental uses include banks or other financial institutions or financial services, travel consultants and day-care centers.
[Amended 6-16-1998 by Ord. No. 4-1998]
H.
Each historic resource may be used for any of the following uses, provided that such resource meets the qualifying conditions and design standards hereinafter set forth:
[Added 7-8-1986 by Ord. No. 7-1986; amended 6-16-1998 by Ord. No. 4-1998; 6-11-2001 by Ord. No. 3-2001]
(1)
Business or professional office.
(2)
Any rehabilitation, alteration or enlargement of an historic resource to utilize the special use opportunities must conform to the requirements of § 139-169.
(3)
Custom shop for making articles or products sold at retail on the premises, such as custom clothing, art, needlework, baked goods or confectionery.
(4)
Museum, gallery or cultural studio.
(5)
Personal service shop, such as barber, beauty, shoe repair or dressmaking shop.
(6)
Restaurant, provided that all food and drink shall be prepared, served and consumed within the building.
(7)
Specialty retail store, such as gift shop, antique shop or tack shop.
(8)
Tourist house.
(9)
Day-care center.
(10)
Nursing home.
§ 139-132 Area and height regulations.
A.
Planned office park use. The following area, height and other regulations shall apply to an office park proposal:
(1)
Park boundary buffer. There shall be a buffer area surrounding the periphery of each office park with a minimum depth of 100 feet. The boundary buffer shall remain free of buildings, structures and parking facilities. The buffer area which abuts a tract outside the corridor district shall be landscaped in accordance with the requirements of this chapter and serve as both a buffer and a visual screen from such properties. The boundary buffer may be waived by the Board of Supervisors for those portions of the park which abut permanent deed-restricted open space with a minimum depth of 100 feet.
(2)
Building placement requirements. No building shall be located less than 35 feet from the street line of an internal street or, in the case of private streets, from the edge of the cartway. No building shall be located closer than 35 feet from the side or rear lines in the case of individual lots within an office park. Buildings shall be located a minimum of 100 feet from any tract line, and there shall be a minimum of 35 feet between buildings on the same lot or tract.
(3)
Height regulations. No building shall exceed 40 feet or three stories in height, whichever is less.
(4)
Lot area. The minimum total area for a planned office park shall be 15 acres, provided that subdivision of individual lots within a planned office park shall be permitted, subject to the other requirements and regulations of this chapter, including particularly but not limited to the requirement that development of a planned office park be pursuant to a single unified master development plan, and further provided that, when subdivision of individual lots within a planned office park is proposed, the average area of all lots within the office park shall be not less than five acres, and no single lot shall be less than three acres, and further provided that the entire tract to be developed as an office park shall be deed and otherwise restricted so as to prohibit further subdivision of individual lots thereafter.
(5)
Lot width. A lot width of not less than 250 feet shall be provided at the building line.
(6)
Building and floor area coverage. The maximum area of each lot occupied by buildings shall be 20%. The combination of building coverage and paved area shall not exceed 50% of the area. The total floor area of all buildings on the lot shall not exceed 60% of the lot area.
B.
Other uses.
(1)
Boundary buffer. There shall be a buffer area surrounding the periphery of each lot developed or utilized pursuant to this article, other than within a planned office park. The depth of said buffer shall be a minimum of 100 feet and shall remain free of buildings, structures and parking facilities. The buffer area, which abuts a tract outside the corridor district, shall be landscaped in accordance with the requirements of this chapter and serve as both a buffer and a visual screen from abutting properties. The boundary buffer may be reduced within the corridor district, but shall remain a minimum of 100 feet along all public roads and lands located outside the district. The buffer may be waived by the Board of Supervisors for those portions of the lot which abut permanent, deed restricted open space with a minimum depth of 100 feet.
(2)
Lot area. The minimum area permitted for individual lots shall be 10 acres.
(3)
Lot width. A lot width not less than 450 feet shall be provided at the building line.
(4)
Building placement requirements. No building shall be located less than 35 feet from the street line of an internal street or, in the case of private streets, measured from the edge of the cartway. Buildings shall be separated a minimum of 40 feet from each other to ensure adequate air and light flow and access by emergency vehicles.
(5)
Building and floor area coverage. The maximum area of each lot occupied by buildings shall be 30%. The combination of building coverage and paved area shall not exceed 50% of the total lot area. The total floor area shall not exceed 60% of the lot area.
(6)
Height regulations. No building shall exceed 40 feet or three stories in height, whichever is less.
§ 139-133 Design standards.
The following design standards shall apply to development and land uses pursuant to this article, and no conditional use shall be approved unless the applicant demonstrates compliance with the following requirements:
A.
Scenic preservation. Buildings shall not be located to dominate a hilltop or monopolize views of rural countryside. The height restrictions imposed are to assure that buildings will not generally exceed the height of mature trees.
B.
Vision obstruction. On any corner lot or at any accessway, no wall, fence, sign or other structure shall be erected or altered and no hedge, tree, shrub or other growth shall be maintained which may cause danger to traffic on a street, highway or public road by obscuring the view.
D.
Requirements governing highway frontage developments. The provisions of § 139-100 of this chapter are incorporated herein by reference as fully as though set forth at length. Any development pursuant to this article must comply with the requirements set forth in said § 139-100. In addition to the foregoing requirements, any newly created direct access to Route 3 shall be limited to right-hand turn only, in order to prevent median encroachment. All left-hand turning movements shall be made from existing intersections along Route 3, being the intersections of Route 3 with the following existing public roads: Plumsock Road, Delchester Road, Garretts Mill Road, Dutton Mill Road or Street Road. Access to these collector roads shall be from service roads running generally parallel to Route 3.
E.
Outdoor lighting and illumination of signs. All outside lighting, including sign lighting, shall be directed in such a way as to not create a nuisance to users of adjoining streets and property or subject them to direct glare or hazardous interference of any kind and especially as regards rendering traffic signals inconspicuous. Luminaries shall be approved by the Township Engineer as to their height and glare-shielding equipment. Applicants are referred to Article XVIII for specific standards regarding signs.
[Amended 9-22-2003 by Ord. No. 4-2003]
G.
Utilities. All utilities shall be placed underground within any development under this district.
H.
Outdoor storage. No outdoor storage shall be permitted within the Planned Highway Corridor District.
I.
Historic resources. In the case of an application for the conditional use of an historic resource, the Board of Supervisors may modify or waive any requirement or standard set forth in this Article XXII which is not by its terms specifically applicable to the use of historic resources; provided, however, that in order to be granted conditional use approval for any use permitted by virtue of § 139-131F, the following additional design standards must be met, and, as part of an application for conditional use therefor, the applicant must submit plans in sufficient detail for the Board of Supervisors to determine that the design standards hereinafter set forth will be met:
[Added 7-8-1986 by Ord. No. 7-1986; amended 6-11-2001 by Ord. No. 3-2001]
(1)
Historic resources may not be enlarged beyond what is minimally necessary to accommodate the special use. No floor of the historic resource may be enlarged by more than 50% of its area.
(2)
Any rehabilitation, alteration or enlargement of an historic resource to utilize the special use opportunities must be in substantial compliance with the Secretary of the Interior's current Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings and design guidelines which may be adopted by the Willistown Township Historical Commission.
(3)
Signs may be erected in accordance with Article XVIII, except that business signs must adhere to the standards for Office-Professional Districts set forth under § 139-110J(2).
(4)
If a tract on which an historic resource is located shall be subdivided, the area of the lot created by such subdivision on which the historic resource is located shall comply with the requirements of the base zoning applicable to the zoning district in which the tract is located, and the lot coverage, including building and paved areas, shall be limited to 50% of the lot.
(5)
Through effective screening, buffering and selection of plant material, landscaping must be provided to protect the integrity of the setting of the historic resource, preserve significant plant material, including trees inventoried by the Historical Commission, and mitigate the impact of the special use on neighboring properties.
(6)
There shall be no parking within the front yard nor within 15 feet of the side or rear property lines.
§ 139-134 Demolitions.
[Added 7-8-1986 by Ord. No. 7-1986]
No contributing historic resource within the Planned Highway Corridor District may be demolished until the applicant obtains a permit under the Township Building Code[1] and complies with the following additional procedures:
A.
One copy of the application for demolition shall be forwarded to the Willistown Township Historical Commission, together with recent interior and exterior photographs of the resource proposed for demolition, a site plan showing all buildings on the property and explanation of the reasons for demolition and future uses of the site.
B.
Review of application.
C.
Within 15 days following the conclusion of the meeting, the Historical Commission shall set forth its recommendation in a written report to the Board of Supervisors.
D.
At its next regular meeting, the Board of Supervisors shall consider the application for demolition and the report from the Historical Commission. The applicant will be notified of the meeting and encouraged to present evidence or testimony pertaining to the demolition. The Board may vote to authorize the permit immediately or delay authorization for a period not to exceed 180 days from the date of initial application for a demolition permit, during which period the Township and applicant will explore alternatives to demolition.