1. Zoning Officer.

A. The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Zoning Officer, who shall have such powers as are conferred on him by this chapter and who shall administer this chapter in accordance with its literal terms. The Zoning Officer shall not have the power to permit any construction or any use or change of use which does not conform to this chapter.
B. Duties. The duties of the Zoning Officer shall be:

(1) To examine all applications for permits.
(2) To issue permits only for construction and uses which are in accordance with the regulations of this chapter and other applicable ordinances as may be subsequently amended.
(3) To record and file all applications for permits with the accompanying plans.
(4) To issue permits for uses by special exception only after such uses and buildings are approved by the Zoning Hearing Board in accordance with the regulations of this chapter.
(5) To receive all required fees and issue all necessary stop orders.
(6) To inspect nonconforming uses, buildings and signs and to keep a filed record of such nonconforming uses and buildings as a public record and to examine them periodically.
(7) Upon the request of the Planning Commission or of the Zoning Hearing Board, to present to such body the facts, records and any similar information on specific requests to assist such body in reaching its decision.

2. Appeals.
Any appeal from a decision or action of the Zoning Officer shall be made directly to the Zoning Hearing Board.
3. Complaints regarding violations.
Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Officer. He shall record promptly such complaint, immediately investigate and take action thereon as provided by this chapter.
4. Notice of violations.
If the Zoning Officer shall find that any of the provisions of this chapter are being violated, he shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and order the action necessary to correct it. The notice given by the Zoning Officer shall be in accordance with Section 616.1 of the Pennsylvania Municipalities Planning Code.[1]
5. Enforcement.
This chapter shall be enforced by the Zoning Officer. No permit of any kind as provided in this chapter shall be granted by him for any purpose except in compliance with the provisions of this chapter or a decision of the Zoning Hearing Board or a court of competent jurisdiction. The Zoning Officer may institute civil enforcement proceedings as a means of enforcement, with the approval of the Board of Supervisors.
6. Causes of action.
In case any building, structure, landscaping or land is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained or used in violation of this chapter, the Board of Supervisors or, with the approval of the Board of Supervisors, the Zoning Officer or any aggrieved owner or tenant of real property who showed that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land or to prevent in or about such premises any act, conduct, business or use constituting a violation. when any such action is instituted by a landowner or tenant, notice of that action shall be served upon Upper Providence Township at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Board of Supervisors of Upper Providence Township. No such action may be maintained until such notice has been given.
7. Enforcement remedies.
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall be subject to the enforcement remedies set forth in the Pennsylvania Municipalities Planning Code including, without limitation, Section 617.2 thereof, as now or hereafter amended.
8. Zoning permit required.
A zoning permit shall be required prior to the erection, construction or alteration of any building, structure or any portion thereof, prior to the moving of a building into the Township or from one place in the Township to another and prior to the change or extension of nonconforming use and shall be issued simultaneously with the required building permits.
9. Application for permits.
Application for permits shall be made in writing to the Zoning Officer on such forms as may be furnished by the Township. Such application shall include building and plot plans of a satisfactory nature, in duplicate, and shall contain all information necessary for such official to ascertain whether the proposed erection, alteration, use or change in use complies with the provisions of this chapter. No permit shall be considered complete or permanently effective until the Zoning Officer has certified that the work meets all the requirements of applicable codes and ordinances.
10. Issuance of permits.

A. No zoning permit shall be issued except in conformity with the regulations of this chapter, and except after written order from the Zoning Hearing Board or the courts.
B. In case of refusal, the applicant shall be informed of his right to appeal to the Zoning Hearing Board.
C. Proceedings of the Zoning Hearing Board shall be governed by the Pennsylvania Municipalities Planning Code, as amended. The Board shall fix its own rules of procedure. The Board of Supervisors shall establish by resolution a schedule of fees for appeals to the Zoning Hearing Board.
D. Any building permit or any other permits to which an applicant may be entitled as a result of a decision of the Zoning Hearing Board shall be applied for within six months of the date thereof. Failure to do so will render the decision null and void.

11. Expiration of permits.
No permit for the erection, razing, change, alteration or removal of buildings shall be valid or effective after six months from the date of issuance thereof, and it shall thereafter be void, unless the work authorized by such permit shall have been substantially commenced within six months from the date of issuance and proceeded with, with due diligence. If, however, the applicant has been delayed in proceeding with the work for which the permit was granted by reason of any reasonable cause not due to his own negligence, the permit may be renewed without additional cost to the applicant.
12. Certificate of occupancy.

A. Upon completion of the erection or alteration of any building or portion thereof authorized by any permit and prior to occupancy or use and prior to any change in occupancy or use, the holder of such permit shall notify the Zoning Officer of such completion or change. No building may be used or occupied until a certificate of use and occupancy has been issued, except as provided for in Subsection B below.
B. In commercial and industrial zoning districts, at such time as performance standards are imposed, no certificate of occupancy shall become permanent until 30 days after the facility is fully operating, when upon a reinspection by the Zoning Officer it is determined that the facility is in compliance with all performance standards.

13. Temporary permits.
A temporary permit may be authorized by the Zoning Hearing Board as a special exception for a nonconforming structure or use which it deems beneficial to promote the proper development of the community, provided that such nonconforming structure or use shall be completely removed upon expiration of the permit without cost to the Township. Such a permit shall be issued for a specified period of time not exceeding six calendar months and may be renewed for an aggregate period of not more than two years.
14. Permits for variances and special exceptions.

A. All applications for variances and special exceptions shall be made in writing on forms furnished by the Township Secretary.
B. Special exceptions shall not be granted by the Zoning Hearing Board unless the applicant therefor shall establish:

(1) That the granting of the special exception will not adversely affect the public interest.
(2) That the proposed structure or development complies with the letter and intent of this chapter.
(3) That the public health, safety and welfare have been protected in the following respects, where applicable:

(a) Ingress and egress to and from property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe.
(b) Off-street parking and loading areas, where required, with particular attention to the items in Subsection B(1) above with the noise, glare or odor effects of the special exception on adjoining properties and properties generally in the district.
(c) Refuse and service areas, with particular reference to the items in Subsection B(1) and (2) above.
(d) Utilities, with reference to locations, availability and compatibility.
(e) Screening and buffering, with reference to type, dimensions and character.
(f) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety and compatibility and harmony with properties in the district.
(g) Required yards and other open spaces.
(h) The general compatibility with adjacent properties and other property in the district.

C. To the extent permitted by law, all burdens of proof, persuasion and going forward with evidence shall be upon the landowner in connection with any variance or special exception. In allowing a variance or special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards in addition to those expressed in the chapter, as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code and this chapter.

15. Amendments.
The Board of Supervisors may from time to time amend, modify or repeal this chapter, including the Zoning Map, as follows:

A. Requests for zoning changes shall be considered at the discretion of the Board of Supervisors.
B. Applicants for rezoning shall petition the Board of Supervisors by letter on or before the fifth day of the month preceding the month in which the hearing shall be held.
C. Applications shall be accompanied by payment as a deposit against advertising, stenographic, legal, engineering and other expenses connected with the application. The Board shall bill or credit applicants when total expenses are determined after the hearing.
D. Applications shall be accompanied by development plans for the area proposed to be rezoned, including layout, elevations and architectural sketches, along with a study of the impact on the Township to be expected from the development.
E. All applications shall be reviewed by the Planning Commission, and its recommendations shall be forwarded to the Board of Supervisors before the 20th day of the month preceding the month in which the hearing will be held.

16. Notice of rezoning hearing.
Notice of rezoning hearings shall be given as follows:

A. By publishing a notice thereof once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing and that full opportunity will be given to any citizen and all parties in interest attending such hearing. The first publication shall be not more than 30 days nor less than 14 days from the date of the hearing.
B. Whenever a proposed amendment affects a particular property, there shall be posted upon such property or premises at such places as the Township Secretary shall direct notice of the said amendment and the date on which it will be heard.

17. Referral to planning agencies.
The Board of Supervisors shall refer all requests for Zoning Ordinance amendments to both the Upper Providence Township Planning Commission and the Montgomery County Planning Commission for review and recommendations at least 30 days prior to the public hearing on the proposed amendment. The respective planning commissions shall consider whether the proposed amendment(s) would be consistent with the intent of the Upper Providence Comprehensive Plan and the Montgomery County Preliminary Land Use Plan, as well as general planning principles.
18. Schedule of fees.
The Board of Supervisors shall determine a schedule of fees, charges and expenses, as well as a collection procedure for special permits, variances, amendments and other matters pertaining to this chapter, by resolution. Said schedule of fees shall be posted in the offices of the Zoning Officer and the Township Secretary.
19. Procedure for consideration of conditional use application.
An application for any condition use as specified in the various districts of this chapter shall be considered by the Board of Supervisors according to the following procedure:

A. Conditional use application. An application shall be submitted, in writing, to the Township Manager. Such applications shall include, as a minimum, a tentative sketch plan indicating basically how the applicant intends to develop the property and sufficient data to document compliance with the applicable standards of this chapter. The Board of Supervisors shall schedule a public hearing on said application within 60 days, unless this time limit is waived by the applicant.
B. Public hearing. Prior to deciding to approve or deny the use of a tract for the proposed use, the Board of Supervisors shall hold a public hearing thereon, pursuant to public notice. At least 45 days prior to the date of the hearing, one copy of the development proposal and all additional submitted information shall be transmitted to the Township [planning agency and one to the Montgomery County Planning Commission, together with a request that these agencies submit recommendations regarding said use.
C. To the extent permitted by law, all burdens of proof, persuasion and going forward with the evidence shall be upon the landowner in connection with any conditional use application before the Board of Supervisors. In allowing a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in the chapter, as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code and this chapter. In addition, any conditional use application shall be subject to the provisions of § 182-199B applicable to special exceptions.

20. Zoning Hearing Board.

A. Establishment of Zoning Hearing Board, membership, terms and removal.

(1) For purposes of this section, references to "the Board" shall refer to the Zoning Hearing Board.
(2) There shall be a Zoning Hearing Board which shall consist of five residents of Upper Providence Township who shall be appointed by resolution of the Board of Supervisors of Upper Providence Township. In addition to the five member appointments, the Board shall consist also of two alternate members who shall also be appointed by the Board of Supervisors of Upper Providence Township.
(3) The terms of office shall be three years for Board members and three years for alternates and shall be so fixed that a member term shall expire each year. Members may succeed themselves. The Board shall promptly notify the Board of Supervisors whenever any vacancies occur, and the Board of Supervisors shall thereupon appoint a resident of the Township to serve for the unexpired portion of the term. Members of the Board and alternates shall hold no other office in the Township, and no member of the Board or alternate may also be a member of the Planning Commission.
(4) Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the Board of Supervisors, taken after the member has received 15 days' advanced notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing.

B. Organization of Zoning Hearing Board.

(1) The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves.
(2) When by reason of absence or disqualification one or more members is unavailable for a hearing, the Chairman of the Board shall designate one or both alternate members of the Board to sit on the Board as may be needed to provide a quorum. Any alternate member of the Board shall continue to serve on the Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Board has made a final determination of the matter or case. Designation of an alternate pursuant to this section shall be made on a case-by-case basis in rotation according to declining seniority among all alternates.
(3) For the conduct of any hearing and the taking of any action, a quorum shall be no less than three voting members, but the Board may appoint from its own membership a hearing officer to conduct any hearing on its behalf, and the parties may waive further action by the Board.
(4) The Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the Township and laws of the Commonwealth.
(5) The Board shall keep public records of its business, which records shall be property of the Township, and shall submit reports of its activities to the Township as requested by the Board of Supervisors.

C. Expenditure for services.

(1) Within the limits of funds appropriated by the Board of Supervisors, the Board may employ or contract for secretaries, clerks, legal council, consultants, and other technical and clerical services.
(2) Members of the Board shall receive such compensation as may be fixed by the Board of Supervisors for the performance of their duties as members of the Zoning Hearing Board. Alternate members of the Board may receive compensation as may be fixed by the Board of Supervisors for the performance of their duties. Both with respect to members and alternate members, the compensation paid to members or alternate members shall not exceed the rate of compensation authorized to be paid to members of the Board of Supervisors.

D. Powers and duties; jurisdiction.

(1) Powers and duties of the Board shall be as set forth in the Pennsylvania Municipalities Planning Code[1] as amended.
(2) The Board shall have exclusive jurisdiction to hear and render final adjudications in accordance with the requirements of Article IX of the Pennsylvania Municipalities Planning Code.

E. Hearings; notice of hearing.

(1) The Board shall conduct hearings and render decisions as set forth by the Pennsylvania Municipalities Planning Code.[2] All hearings shall be open to the public.
(2) Upon the filing with the Board of an appeal or of an application for any matter within its jurisdiction, the Board shall fix a reasonable time and place for a public hearing thereon.
(3) Notices herein required shall state the location of the building or lot and the general nature of the question involved.

F. Burden of proof. The burden of proof shall always be on the applicant before the Board to sustain his appeal before the Board, and in any application for a special exception, the burden shall be upon the applicant to prove that approval of the application will not be detrimental to the health, safety and general welfare of the community.
G. Parties. The parties to the hearings shall be the municipality, any person affected by the application who has made timely appearance of record before the Board and any other person, including civic or community organizations, permitted to appear by the Board. The Board shall have the power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board for that purpose.
H. Evidence. The Board shall consider in making its official findings or decisions only that evidence properly submitted at hearings, with the exception of legal briefs, provided that all parties are given an equal opportunity to submit legal briefs and any responses thereto, but the allowance of the submission of such legal briefs and responses thereto shall be entirely within the discretion of the Board. Information from federal, state or county agencies when submitted on official stationery shall be admitted as evidence only at public hearings, and the Board, in its sole discretion, shall determine the weight to be given to such evidence. Information from the Upper Providence Township Planning Commission or from any other Township agency, board, commission or committee shall be submitted to the Board only at public hearings as authorized by the Board of Supervisors or the Township Manager, but this shall not prevent any member of an official agency, board, commission or committee of Upper Providence Township from appearing and being heard as a private citizen.
I. Decisions and copies of decisions and findings.

(1) The Board shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Board. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor. Conclusions based on any provisions of the Pennsylvania Municipalities Planning Code, other statutes or of any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in light of the facts found.
(2) Where the Board has power to render a decision and the Board fails to render the same within the period required by this Subsection I, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed, in writing or on record, to an extension of time.
(3) In addition to the requirements of the Pennsylvania Municipalities Planning Code and its amendments,[3] a copy of the decision or findings of the Zoning Hearing Board shall be mailed or delivered promptly to each of the following: the Chairman of the Board of Supervisors, the Chairman of the Upper Providence Township Planning Commission, the Township Manager, the Township Secretary and the Township Zoning Officer.

J. Fees. The fees for applications to the Zoning Hearing Board, for cost of stenographic record of the same, and for subpoenas, shall be in accordance with a schedule adopted by resolution of the Board of Supervisors.
K. Appeals. Appeals from the decisions of the Zoning Hearing Board shall be in accordance with the rules of procedure of the Zoning Hearing Board and the Pennsylvania Municipalities Planning Code and its amendments.

A. Density. The maximum density for development pursuant to this article shall be 2.5 dwelling units per developable acre. A density increase of up to .25 dwelling unit per developable acre may be permitted as a conditional use by the Board of Supervisors (for a potential maximum of 2.75 dwelling units per developable acre) in the event a minimum of 10% additional open space, above and beyond that which is required by § 182-63.22C, is provided. Regardless of the proposed ownership of the by right required open space, said additional open space shall be offered for dedication to the Township, which shall have the discretion to accept or reject the offer. In the computation of density, whether by right or as a conditional use, the number of units shall be rounded down to the nearest whole number. Compliance with the standards in this article does not guarantee that the maximum number of dwelling units will be achievable in all cases. The applicant's ability to develop the maximum number may be reduced as a result of the applicant's choices of dwelling types, building and/or lot sizes, physical constraints of the development site, or other factors.
B. Lotting exclusion. In order to allow the maximum flexibility in site design and ownership arrangements, lotting is not required in any development built pursuant to this article, nor is any minimum lot size. However, in cases wherein lots are not utilized, however:

(1) There shall be an area equivalent to the normally required lot area provided for each dwelling unit.
(2) The distances between units and road rights-of-way (or equivalent rights-of-way in the case of private roads) shall be the same as if lot lines are provided, with the exception that along lot lines on which any form of zero-lot line single-family detached dwelling unit is coincident, a maintenance easement shall be required on any abutting lot, the minimum width of which shall be five feet.

C. Open space. A minimum of 30% of the tract shall be permanently preserved as open space.

(1) There shall be a reasonable mix of active and passive areas, with maximum preservation of existing environmental amenities in the areas left for passive recreational use.
(2) Adequate open space area shall be provided for active use and shall be developed in such manner and with facilities compatible with the population who will reside in the community. Facilities specified in § 182-63.19B(2) or alternative appropriate facilities shall be provided.
(3) The open space and recreation plan for any development proposed pursuant to this District shall be submitted for review by the Township Park and Recreation Committee.
(4) All open space areas provided, exclusive of any offered for dedication to and accepted by the Township, shall be maintained by a homeowners' association or similar entity, as approved by the Township Board of Supervisors.

D. Access restriction. No dwelling unit within the age-restricted residential community may take access directly from any road with a feeder or higher classification, regardless of whether said road is existing or proposed. All dwelling units shall gain access from residential roads, internal access roads, drives, courts, or similar arrangements.
E. Public road and property boundary setback. There shall be a minimum setback to any lot line or equivalent lot line of 50 feet from the ultimate right-of-way of any existing frontage roadway or proposed public road of feeder or higher classification and from any property boundary of an age-restricted residential development.
F. Other building setbacks. In addition to those prescribed in other subsections of this section, building setbacks shall be as prescribed in this subsection, unless a greater setback is explicitly or implicitly required by other provisions of this chapter or by the buffer requirements in § 182-63.23: Landscape and buffer requirements, respectively.

(1) From the right-of-way line of any internal street in the community or, in the absence of a right-of-way line, from the equivalent right-of-way line (defined as a line five feet back from the edge of the cartway/curbline): 20 feet.
(2) Distance between sides of two adjacent dwelling units: 10 feet.
(3) Distance between rear of two adjacent dwelling units (or between the side of one unit and rear of an adjacent dwelling unit): 30 feet.
(4) From a common parking area serving residential units (or access road thereto) or from a solid waste collection facility or other service area (if separate from a parking area): 20 feet.
(5) From a dwelling unit to an outdoor recreation facility associated with the development but not housed in a building (as permitted in § 182-63.19B(2) herein): 30 feet.
(6) From a dwelling unit to another permitted nonresidential building or parking area serving nonresidential uses within the community (or access road thereto): 30 feet.
(7) On either side of any entry road, for a distance of at least 100 feet along the existing intersecting roadway (measured perpendicular to the ultimate right-of-way lines of the entry road), the setback in which no structure or parking facility shall be placed (with the exception of entrance area guard stations, entrance roads, ponds, stormwater basins, or cart paths), shall be: 75 feet.

G. Height regulations. The maximum height for all buildings shall be as follows:

(1) For all residential buildings: 35 feet.
(2) For a community center building: 40 feet; however, the number of habitable stories shall not exceed three.
(3) All other permitted buildings: 18 feet.

H. Coverage standards. The following standards shall apply to the development tract (tract area approved for conditional use) as a whole:

(1) Maximum building coverage: 15%.
(2) Maximum impervious coverage: 25%.

I. Architectural standards. Age-restricted dwellings shall be subject to the following standards:

(1) The applicant shall prepare a set of architectural characteristics for the homes and community center in the development, including floor plans, elevations, perspective sketches, and building materials, subject to approval by the Board of Supervisors, with the advice of the Township Planning Commission. Building styles, bulk, window and door placement, roof pitch and proportions shall be compatible with the existing character of the area. A minimum of three different exterior designs will be required to provide a more interesting visual variety.
(2) The architectural characteristics shall be approved as a condition of conditional use approval and shall be recorded with the development agreement. Significant variations from the approved characteristics shall require additional conditional use approval when determined necessary by the Board of Supervisors.
(3) It is not intended that the Board of Supervisors dictate the architectural characteristics but that an acceptable set of standards be chosen by the applicant and adhered to consistently throughout the development. The community center shall be of a compatible architectural design.
(4) The architectural plans should specify the basic building configurations and provide the opportunity for specific potential additions such as porches, patios, decks, or additional rooms. These additional features must be compatible with the original architectural standards.
(5) Major architectural features, such as structural bay windows, porticoes, and dormers, shall be required for a minimum of 25% of the age-restricted dwelling units.

J. Utilities. All proposed utility lines (electrical, telephone, cable TV, internal security system lines, etc.) within the age-restricted residential community development shall be placed underground in accordance with the requirements of Chapter 154: Subdivision and Land Development, of the Code of the Township, § 154-28D.
K. Lighting. Lighting facilities for the residential areas, community center, roads, and parking areas shall be provided as needed and arranged in a manner which protects the existing frontage roads and neighboring properties from direct glare or hazardous interference of any kind. Lighting shall also be arranged to avoid direct glare into the proposed residences. All lighting shall meet the applicable requirements of Chapter 154: Subdivision and Land Development, § 154-40: Lighting.
L. Signs. All signage to be installed in any location within an age-restricted development shall comply with all requirements for residential signs, as stipulated in Article XIX of this chapter. All signage shall be of compatible materials and design with the buildings and other street furniture found in the development and shall be of a coordinated design throughout the development.
M. Parking. Parking requirements in the ARR District shall be as follows:

(1) For the residents of each dwelling unit, parking shall be as required in § 182-179A of this chapter.
(2) For guest parking, the applicant shall demonstrate that there is sufficient on-street parking available. If this cannot be demonstrated to the Township's satisfaction, in addition to the parking as required in Subsection (1) above, 1/2 space per dwelling unit shall be provided.
(3) For any community center facility, the parking shall be based on the maximum legal occupancy as defined by the Building Code. Three quarters of one parking space shall be provided for each person of maximum legal occupancy. Dependent upon the specific mix of uses proposed in the community center facility, the Board may require additional parking to be held in reserve in accordance with the allowance contained in Subsection M(5) of this section. If additional parking is to be installed, such additional parking shall not exceed twice the number of spaces otherwise required by this article.
(4) Parking lot landscaping shall be required and shall follow the requirements contained in Chapter 154: Subdivision and Land Development, § 154-36E.
(5) When conditions warrant, the use of reserve parking is encouraged. The requirements of § 182-180: Parking reserve areas of this chapter shall be applicable.
(6) All other applicable requirements for off-street parking, as contained in Article XXII: Off-Street Parking and Loading, shall be enforced in an age-restricted development.
(7) At least one loading/unloading area shall be provided for any community center facility. Such area(s) shall be placed in such a location that there is no interference between service vehicles and parking/vehicular circulation for patron parking.

N. Trash and refuse areas. Provision shall be made for the storage of trash, refuse, garbage and recyclables, whether inside a building(s) or within a walled or fenced area outside the building(s). The walls or fences of such trash and refuse areas must shield the contents of the enclosure from direct view from any residences and shall be of compatible design and materials with the building(s) which it services. Proper ingress and egress must be provided for removal of the trash, refuse, garbage and recyclables, without conflict with parked vehicles or circulation within the parking area. Around the nonparking lot side(s) of any enclosure, landscaping shall be provided to soften the appearance of the enclosure.
O. Additional development regulations. The following additional regulation(s) shall be applicable to an age-restricted residential community in recognition of the unique type of development which it represents, wherein the Township believes such regulation(s) to be adequate based upon review and recommendation of the Township Engineer.

(1) Secured or gated road entrances to the development may be permitted.
(2) Private culs-de-sac or courtyards may be permitted which exceed the maximum permitted length as stipulated in Chapter 154: Subdivision and Land Development of this Code, as long as emergency access, as may be required by the Township, is provided.

See § 182-63.20: Prerequisites for conditional use application for the ARR District.

The following general regulations shall apply in the ARR age-restricted residential community District:
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 shall be developed under single direction in accordance with an approved master plan and declaration of restrictive covenants pursuant to § 182-63.24: Master Plan requirement and § 182-63.25: Declaration of restrictive covenants, respectively, and in accordance with approved subdivision and/or land development plans as shall be required. The master plan, declaration of restrictive covenants, and development agreement required in Subsection D of this section shall be binding upon all assignees or purchasers of property in the District.
B. Sewer and water facilities. The tract shall be served by public sewer and public water facilities deemed acceptable by the Board of Supervisors.
C. Development plans. In addition to the master plan required pursuant to § 182-63.24: Master Plan requirement, actual application for development of all or part of a tract of land in this District, shall be accompanied by subdivision and/or land development plans which shall comply with Chapter 154: Subdivision and Land Development of the Township Code, Subdivision and Land Development. The plans shall be subject to the tentative, preliminary, and final plan stages in accordance with the requirements of that chapter.
D. Development agreement. In addition to the declaration of restrictive covenants required pursuant to § 182-63.25: Declaration of restrictive covenants, approved development of all or any portion(s) of a tract in this District shall be executed in accordance with a development agreement in form and substance satisfactory to the Township. 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 for the tract, or phases(s) or portion(s) thereof, as appropriate. Should any final plans be amended subsequent to original recording, an approved amended final plan shall be recorded, together with an amended development agreement, as necessary.

An age-restricted residential community is allowed only as a conditional use in the R-1 Residential District, provided that the tract proposed for such development meets the criteria specified in § 182-63.20: Prerequisites for conditional use application of this article, and that the procedural requirements for conditional uses, set forth in § 182-204 of this chapter, are followed. An "age-restricted residential community" shall be construed to mean a planned development consisting of residential use(s) as permitted herein, along with recreational and community uses incidental to such a development, as hereinafter provided.
A. The residential uses which are permissible in an age-restricted residential community are as follows:

(1) Single-family detached dwellings.
(2) Single-family detached zero-lot line dwellings and other nontraditional forms of single-family detached dwellings.

B. Certain additional uses shall be developed in conjunction with an age-restricted residential community, including the following; provided, however, that none is intended as an independent, freestanding commercial use:

(1) Community center for the exclusive use of residents of the community or their guests. Development of the community center shall occur in the first phase of any multiphase project. The community center shall provide at least ten square feet of area for each household in the community it is to serve; provided, however, that it shall have a minimum of 2,000 square feet. A community center may include the following:

(a) Kitchen, dining, and banquet facilities.
(b) Lobby(ies) or other common gathering areas; meeting rooms.
(c) Locker rooms, rest rooms, and exercise facilities.
(d) Administrative/management offices.

(2) Outdoor recreational facilities for the exclusive use of residents of the community or their guests, including tennis courts, fitness/jogging/walking/bicycling trails, practice golf green, or similar facilities. In addition, as a result of the unique nature of an age-restricted residential community, the requirements for the open space areas shall be as prescribed in this section and § 182-63.22C; the requirements of Article IVA of Chapter 154: Subdivision and Land Development, shall not be applicable for development approved pursuant to this article.

C. Additional uses which may be developed in conjunction with an age-restricted residential community may include the following, provided, however, that none is intended as an independent, freestanding commercial use:

(1) Gate house (security hut) and appurtenances related thereto (gates, automated card readers and similar facilities)
(2) Accessory uses customarily incidental to the other uses permitted in this Article.

D. No-impact home based businesses in accordance with the standards set forth in § 182-21.3: No-impact home-based businesses.
E. Home occupations, provided that all of the requirements of § 182-21.4: Home occupations shall be met.

Density and dimensional standards for cluster development.

A. The number of dwelling units permitted by utilizing the provisions of this article shall be determined by the procedure set forth in § 182-71B.
B. For details on the dimensional standards, see § 182-69B.
C. Properties zoned R-3 may apply the provisions within this Cluster Development District as if the parcel was zoned R-2. All dimensional criteria outlined within the R- 2 District shall apply when determining the total number of dwelling units as required by Subsection A above, and the requirements outlined with § 182-71: Plan submission requirements.

Prerequisites for cluster development.
The following necessary conditions must be satisfied by an applicant seeking to develop in a clustered fashion before the Board of Supervisors will grant a preliminary plan approval for a subdivision plan prepared in accordance with the requirements of this article.
A. Tract size. The tract of land to be developed shall not be less than 25 acres m area.
B. 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.
C. Sewer and water facilities. The cluster development shall be served by centralized water facilities and public sewer facilities, which may include capped sewers, deemed acceptable by the Board of Supervisors, upon recommendation of the Township Engineer.
D. Development plan. The application for development shall be accompanied by a plan or plans, in accordance with § 182-71: Plan submission requirements, showing the detailed use of the entire tract, which plan or plans shall also comply with all requirements of Chapter 154: Subdivision and Land Development, and other applicable ordinances. The plan shall clearly designate the proposed use of each area of the tract.
E. 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.

Open space requirements.
The requirements listed in Article IVA: Open Space and Recreational Facilities, of Chapter 154: Subdivision and Land Development, shall govern the required open space created by cluster development.

Plan submission requirements.
In addition to the information to be shown on plans submitted in accordance with Chapter 154: Subdivision and Land Development, applications for cluster development proposals shall include the following:

A. The location and size of the site, with evidence supporting the general adequacy for development.
B. The proposed residential density of the development, as determined by the following procedures:

(1) A yield plan, showing the maximum number of lots that could be developed in accordance with the underlying zoning district, shall be prepared for the tract proposed for subdivision. This yield plan shall be prepared in accordance with the tentative sketch plan standards set forth in § 154-11: Tentative sketch plan of the Subdivision and Land Development Ordinance and shall meet all requirements of the underlying zoning district, the net lot area calculation and all other applicable standards.
(2) The base residential density permitted in a cluster development shall equal the number of residential lots permitted under the yield plan.
(3) A cluster development may increase its density by 1.5 units per acre where a proposed internal trail system provides trail connections to an existing Township or regional trail network.

1. Conditional uses.

A. Procedure.

(1) Conditional use application. Any conditional use application shall be processed in conformance with Article XXIV: Administration and Enforcement, § 182-204A, of this chapter.
(2) Public hearing. A public hearing shall be held in compliance with Article XXIV: Administration and Enforcement, § 182-204B, of this chapter.
(3) Development plan. If conditional use approval is granted for the use of a tract of land for a mobile home development, within three years after the date of conditional use approval, the development plan shall be submitted and then processed and acted upon by the normal procedures established in Chapter 154: Subdivision and Land Development, for all other subdivision and/or land development plans. If development plans are not submitted within the specified time period, the conditional approval is voided.

B. Criteria. A mobile home development may be allowed by the governing body as a conditional use in the R-3 Residential District only pursuant to the procedure specified in § 182-74A and subject to the following standards. The burden of proving compliance with these standards shall be on the applicant.

(1) The tract of land to be developed shall be in one ownership or shall be the subject of an application filed by the owners of the entire tract, and it shall be agreed that the tract shall be developed under single direction and in the manner approved.
(2) Any parcel to be used as a mobile home development must have a minimum tract area of 15 contiguous acres of land.
(3) At least 50% of the site must be composed of developable land as defined in this chapter.
(4) Any site proposed for a mobile home development shall not be subject to adverse environmental influence such as swamps, marshes, garbage or rubbish disposal areas or other potential breeding places for insects or rodents.
(5) Any site proposed for a mobile home development shall not be subject to any hazard or nuisance such as excessive noise, vibration, smoke, toxic matter, radiation, heat, odor or glare, as defined by the governing body and all appropriate ordinances.
(6) The location of all mobile home developments shall be protected by screening or other appropriate means against any undesirable off-site views or any adverse influence, such as heavy commercial or industrial use, heavy traffic or brightly lighted activities, from adjoining streets and areas.
(7) Mobile home developments shall not be located directly abutting conventionally built single-family detached housing or significantly different unit value and density than the proposed mobile homes, except where extensive natural buffering exists and will be retained or can be created so as to functionally and visually separate the two sites or where compatible units of modular or conventionally built homes will be located in the mobile home development adjacent to the existing residences. The developer shall provide any necessary transition between differing residential structural types, unit values and densities within the mobile home development tract.
(8) Any site proposed for a mobile home park shall, in the opinion of the governing body, be easily accessible to essential community facilities and services, such as employment centers, shopping centers, schools and police and fire protection.
(9) Every area to be used as mobile home park must be served exclusively by the municipal sanitary waste disposal system and a centralized water supply system, if those facilities are available within 2,500 feet of any point on the boundary of the mobile home park tract, and if each system is found to contain the available capacity to serve the proposed development, or, alternately, the area to be used as a mobile home development must, if it cannot connect to either or both the centralized water supply and municipal sanitary sewer systems, be served by a common single water supply system serving all dwelling units and other structures in the development and/or a common single sanitary sewer system doing likewise, either or both of which, as applicable, must have the approval of the Pennsylvania Department of Environmental Protection. Furthermore, those on-site facilities must, when constructed, meet the following criteria:

(a) The satellite system shall be designed and constructed in a manner that will permit adequate connection to the centralized or public system in the future.
(b) The administrative structure for the satellite system shall be organized in a manner that will facilitate easy interconnection of the two systems.
(c) The developer shall be required to show proof that the satellite system intended to serve the proposed development will not interfere with any existing sewage disposal system or any existing water supplies, be they wells for nearby properties or sources of water for other community systems.
(d) At such time as the centralized or public system is constructed to be within 2,500 feet of any point on the boundary of the mobile home park tract, connection to it shall be mandatory, and the cost of the eventual interconnection shall be borne by the developer or the organization that is set up to own and operate the satellite system.
(e) If after development occurs, the satellite water system is deemed to be the cause of interference with existing water supplies or the satellite sewer system is deemed to be the cause of any pollution, extension of the centralized or public systems may be required at that time. The cost of the extension and hookup shall be borne by the developer or organization owning and operating the satellite system.

(10) Any tract intended for a mobile home development must have direct access to a feeder road (or a road of a higher classification), as defined by Article IV: Ultimate Right-of-Way of Chapter 151: Streets and Sidewalks, which the Township governing body deems capable of accommodating the transport of mobile home units, upon recommendation of the Township Engineer. Plans evidencing the provision for safe and effective ingress and egress to and from the public streets and highways servicing the Mobile Home Development District, without causing undue confusion or interference with the normal traffic flow, shall be submitted to the Township governing body and must be approved by the Township Engineer, who shall make the determination based on the adequacy of the thoroughfare to carry the additional traffic generated by the mobile home development.
(11) The applicant shall demonstrate to the satisfaction of the municipal governing body that he has complied with or will comply with all requirements of Chapter 179 of Title 25, Part I, Subpart D, Article II, of the Rules and Regulations of the Pennsylvania Department of Environmental Protection and with all other pertinent regulations of the Commonwealth of Pennsylvania which are applicable to mobile home parks.

2. Conditional use application requirements in addition to those set forth in Article XXIV: Administration and Enforcement, § 182-204: Procedure for consideration of conditional use application, 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.
(2) A community impact study shall be prepared and submitted with the conditional use application that complies with the requirements of § 182-120I of this chapter:
(3) A traffic impact study shall be prepared and submitted with the conditional use application that complies with the requirements of § 182-120E of this chapter.

No section of this chapter shall be construed to prohibit condominium ownership as permitted by the Uniform Condominium Act (68 Pa.C.S.A. § 3101 et seq.).

1. The following regulations shall apply in the CRSC District:

A. General regulations. The following general regulations shall apply for any development proposal within the CRSC District:

(1) 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. The transfer of ownership, except by mortgage, prior to the commencement of construction shall render the development agreement required in Subsection A(4) herein void. Said agreement shall then be renegotiable between the new owners and the Board of Supervisors.
(2) 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.
(3) Development plan. The application for development shall be accompanied by a plan or plans showing the detailed use of the entire tract, which plan or plans shall comply with all requirements of Chapter 154: Subdivision and Land Development, and other applicable ordinances. The plan shall clearly designate the proposed use(s) of each area of the tract.
(4) 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.
(5) Market area study and community impact analysis. Any application for development in the CRSC District or for any request for a rezoning to this district shall be accompanied by a market area study and community impact analysis (see § 182-95 herein) prepared by qualified professional(s). The purposes of these studies are to:

(a) Ensure that the proposed development will be supported by the existing and expected population growth in the Township and in the Lower Perkiomen Valley area.
(b) Ensure that the proposed development will be compatible with the existing and planned character of the immediate neighborhood and the Township.
(c) Ensure that the proposed development will not be in conflict with existing and planned commercial facilities in the immediate neighborhood, the Township and in adjacent municipalities.

(6) A request for a CRSC zoning classification of a property shall be accompanied by a development proposal and plan and by a market area study and a community impact analysis as above required and in the event that the proposal involves a regional shopping center, by a request for a conditional use approval. The Board of Supervisors shall hear and shall act upon all of the submissions concurrently.

See § 182-93B for specific site development requirements for the CRSC District.
C. Other development regulations. The following development regulations shall be complied with for any proposed development within the CRSC District:

(1) Utilities. All utility lines (electrical, telephone, etc.) shall be placed underground.
(2) Signs. All signs in the CRSC District shall be subject to the requirements of Article XIX: Signs, Signs, of this chapter.
(3) Access. Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the CRSC development without causing undue confusion or interference with the normal traffic flow. The Planning Commission, with the advice of the Township Engineer, shall satisfy itself concerning the adequacy of the thoroughfares and access points intended to accommodate the traffic generated by the proposed CRSC development, as well as to the street frontage of the proposed development.
(4) Lighting facilities. Lighting facilities shall be provided as needed and arranged in a manner which will protect the highway and neighboring properties from unreasonable glare or hazardous interference of any kind and shall be installed in accordance with the provisions of Chapter 154: Subdivision and Land Development, of the Code of the Township, § 154-40: Lighting.
(5) Landscaped planting and buffer areas. Along a side or rear property line which is adjacent to a residential or institutional district, the owner shall place and maintain a Buffer Type 3 as described in § 154-36D(5) of Chapter 154: Subdivision and Land Development.
(6) Trash and refuse areas. The design of buildings in the CRSC District shall include either a provision for the storage of trash, refuse and garbage inside the building(s) or within a walled area outside the building(s). The walls of such a trash and refuse area must shield the trash and refuse from direct view of any adjacent property and must be at least six feet in height.
(7) Amenity areas. The developer shall be encouraged to provide amenity areas for community or customer use, such as tot-lots, playgrounds, benches, sitting areas and other services necessary for the comfort and convenience of the prospective users of the CRSC development.
(8) Off-street parking and loading facilities. A CRSC development shall provide a minimum of 5.5 parking spaces for each 1,000 square feet of gross leasable area (GLA) or fraction thereof. Those uses permitted as conditional uses in § 182-92B herein shall provide parking spaces in accordance with the pertinent requirements of Article XXII: Off-Street Parking and Loading, of this chapter. A CRSC development composed of 300,000 square feet of GLA or over, shall provide five parking spaces for each 1,000 square feet of GLA, including the GLA attributable to those uses permitted by conditional use pursuant to § 182-92B, or fraction thereof. Furthermore, all off-street loading facilities shall comply with § 182-184: Loading and unloading space of Article XXII: Off-Street Parking and Loading.
(9) Minimum distance between buildings or building groups. The minimum distance between a building or group of buildings shall be 25 feet, except that all structures connected by common roof lines or covered walkways shall be considered as one building.

2. Plan submission requirements
All proposals for development within the CRSC District shall comply with the pertinent requirements of Chapter 154: Subdivision and Land Development, concerning nonresidential developments.

1. Contents of market area study and community impact analysis.
The following minimum information shall be contained in a market area study and a community impact analysis:

A. Market area study.

(1) A description of the commercial establishment(s) proposed, the approximate number of employees anticipated for each establishment and the sales volumes anticipated for each establishment.
(2) A delineation of the proposed community or regional market area.
(3) An estimate of the population and number of households existing now and anticipated in the next 10 years within the defined community or regional market area.
(4) Per capita or household estimates of the demand for the goods and services proposed for the development and estimates of the total existing and anticipated demand within the defined community or regional market area for each proposed good and service.
(5) The location and size of commercial establishments within or near the defined community or regional market area.
(6) Estimates of net customer buying power or net demand for each commercial establishment in the proposed development.

B. Community impact analysis.

(1) The conformance of the proposed development with the Comprehensive Plan of Upper Providence Township and its compatibility with existing and proposed land uses adjacent to the site.
(2) The impact on any existing floodplains, heavily wooded areas, rock outcroppings, steep slopes and other sensitive natural features, if any.
(3) The impact on the Township and regional transportation system and the ability of adjacent streets and intersections to efficiently and safely handle the traffic generated by the proposed development.
(4) The impact on public utilities, including but not limited to sewage disposal, garbage and rubbish disposal, water supply, storm drainage and electric utilities.
(5) The impact on the provision of police and fire protection for the proposed development.
(6) The impact upon the character of the surrounding neighborhood. The applicant must show that the proposed development will not adversely affect the neighborhood by reason of noise, odors, smoke or vibration.

2. Evaluation of market area study and community impact analysis.
The market area study and community impact analysis required in § 182-93A(5) shall be evaluated to determine the appropriateness of the site in question to accommodate the magnitude of commercial development proposed, as well as the impact of the proposed development on the community facilities and services of Upper Providence Township. The following alternative findings shall result from the evaluation process:

A. Evaluations which lead to an overall negative assessment for a proposed development shall lead to a denial by the Board.
B. Evaluations which lead to an overall negative assessment for a proposed development may lead to a conditional approval by the Board either when the developer agrees to undertake activities or improvements which will compensate or correct deficiencies or negative impacts caused by the implementation of the proposed development or when the developer agrees to implement the proposed development at a reduced square footage of gross leasable area, as specified by the Board.
C. Evaluations which lead to an overall positive or neutral assessment for a proposed development shall lead to an approval by the Board.

All parking lots in industrial or commercial districts shall be operated and maintained in accordance with all of the following conditions:

A. They shall not be used for the sale, repair or dismantling of any vehicles, equipment, materials or supplies.
B. They shall be properly graded for drainage, surfaced with concrete, asphaltic concrete, asphalt, oil or any dust-free surfacing and maintained in good condition, free of weeds, dust, trash or debris.
C. They shall be provided with entrances and exits so located as to minimize traffic congestion and the effect of headlight glare.
D. They shall be provided with steel or bumper guards so located and arranged that no part of any parked vehicles will extend beyond the boundaries of the parking lot.
E. Lighting facilities shall be so arranged that they neither unreasonably nor unnecessarily disturb occupants of adjacent residential properties nor interfere with traffic by either location or glare and shall be installed in accordance with the provisions of Chapter 154: Subdivision and Land Development, of the Code of the Township, § 154-40: Lighting.
F. A planting strip shall be provided along each property line which is opposite or adjacent to a residential district, on which shall be planted hedges, evergreens or other suitable shrubbery so arranged as to minimize noise, glare and dust from all parking facilities.
G. There shall be no more than one attendant shelter building containing not more than 50 feet of gross floor area and set in a distance of not less than 20 feet from any boundary of the parking lot which abuts a residential district.

The area of all public rights-of-way and public easements shall be maintained free and clear of all accessory uses, and such areas not containing public improvements shall be maintained open and as lawn (where required). Fences may be permitted in public easement areas when the property owners accept a restrictive covenant permitting Township removal or replacement if deemed necessary by the Township, without financial compensation. The restrictive covenant shall be prepared by the Township Solicitor and filed with the Montgomery County Recorder of Deeds office.

This chapter shall not apply to any existing or proposed building or extension thereof used or to be used by a public utility corporation if, upon petition of such corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public; nor shall this chapter apply to any building of the Township, or extension thereof, or to the use of any premises by the Township.

1. Conformance required.
Any fence erected or maintained after the effective date of this chapter shall conform to the following regulations.
2. Application and fee.
Anyone wishing to erect a fence must make application to the Zoning Officer on forms provided by the Township and pay the appropriate fee.
3. Height.
General regulations governing the permitted height of fences in R-1, R-2, R-3, R-4 and VP Districts shall be as follows:

A. Fences on interior lots may not exceed four feet in height from the building setback line to the street.
B. Fences on interior lots may not exceed six feet in height from and including the building setback line to the rear property line.
C. Fences on corner lots may not exceed three feet in height from the elevation of the center line of the street 30 feet in either direction from the intersection of the exterior side lot line with the front lot line.
D. Fences on corner lots may not exceed four feet in height for the interior side lot line or for the remainder of the exterior side lot line, measured 30 feet from the point of intersection of the exterior side lot line and the front lot line.
E. Fences on rear lot lines of corner lots may not exceed four feet in height between a point defined by the intersection of the exterior lot line and the rear lot line and a point defined by the intersection of the rear lot line and the abutting property building setback line.
F. Except as provided for in Subsections C, D and E, rear and interior side yard fences may not exceed six feet on corner lots.
G. Fence placement diagram.
 

4. Fences on lots with reverse-frontage buffers.
Fences in the rear of lots on which reverse-frontage buffers are installed pursuant to the requirements of § 154-24.1 of Chapter 154, Subdivision and Land Development, shall meet the requirements of said section, in addition to all other applicable requirements of this article as well as the following:

A. Fences may be permitted in the buffer planting easement as long as no fence is located closer than two feet to the main trunk or stem of trees and shrubs in the buffer.
B. No fence post or support for a gate shall be located closer than five feet to the main trunk or stem of trees and shrubs in the buffer.
C. Fence and gate placement shall be in accordance with the following diagram:

 

5. Fences in the floodplain.
All proposed fencing in the Floodplain Conservation District shall comply with the regulations within § 182-28: Permitted uses of this chapter.
6. Construction.

A. General regulations governing the construction of fences in R-1, R-2, R-3, R-4, VP and IN Districts shall be as follows:

(1) If the fence is wood cover or wood frame, the framework must face onto the interior of the lot, unless the fence is so designed to provide equal frame and cover area to adjoining yards.
(2) If the fence is open metal mesh supported by posts and frames of either pipe or wood, the posts and frames must be on the interior of the mesh.
(3) If the fence is of masonry construction, a finished side must be provided to the exterior side.

B. General regulations governing construction of fences in NC, CRSC, M-1 and M-2 Districts shall be as follows:

(1) Fences constructed of solid materials such as wood, metal, glass or masonry, singly or in combination, may be erected to a height not exceeding four feet in any front, side or rear yard, and chain-link fences may be erected to a height not exceeding eight feet, exclusive of barbwire topping, in any front, side or rear yard of any commercial or industrial zone property. Fencing of other material approved by the Township, up to six feet in height, may be used in any side or rear yard of a commercial property when abutting a residential zone/use to aid in the screening of the commercial use. Unless specifically permitted within a zoning district herein, fencing shall not be considered as a replacement for any required landscape buffers.
(2) Any corner lot in a commercial or industrially zoned area may not have erected any fence, wall, structure, shrub, hedge or plant growth higher than three feet above the elevation of the center line of the street, measured 30 feet in either direction from a point defined by the intersection of the front lot line and the exterior side lot line.

C. General regulations governing construction of fences in the IO and IO-2 Districts shall be as follows:

(1) Fences may not exceed eight feet in height when placed 100 feet or more back from an ultimate right-of-way line or property line; provided, however, that when a required building setback is greater than 100 feet, the fence may be no higher than six feet between said one-hundred-foot distance and the prescribed setback. For chain link fences, the prescribed heights shall be exclusive of barbed wire topping. Buffering shall be installed on the outside of the fence. At a minimum, a Buffer Type 3 shall be installed, in accordance with the requirements of § 154-36D(5)(e) of Chapter 154: Subdivision and Land Development, unless, in the opinion of the Township, existing vegetation serves as an equivalent or superior buffer.
(2) As a conditional use, fences may be permitted closer to an ultimate right-of-way line or property line than provided for in Subsection C(1) above, in accordance with the requirements herein. Said fences shall be ornamental and architecturally compatible with the development on the tract being fenced. Chain link fences may be permitted only, if in the opinion of the Board of Supervisors, the view of the fence is adequately filtered with existing or supplemental buffering or cannot be easily seen from off site.

(a) Fences proposed to be placed between 50 feet and 100 feet from an ultimate right-of-way line or property line shall not exceed six feet in height. If chain link fence is approved, the prescribed height shall be exclusive of barbed wire topping.
(b) Fences proposed to be placed at or within 50 feet of an ultimate right-of-way line or property line shall not exceed four feet in height. If chain link fence is approved, the prescribed height shall be exclusive of barbed wire topping.
(c) Fences allowed as a conditional use shall be no more than 50% opaque; walls shall only be permitted if they meet this criterion.

(3) At all entries to a public street and for a minimum distance of 400 feet on either side of an entry drive/road, any fencing proposed shall be ornamental and architecturally compatible with the development on the tract being fenced. The height of said fencing shall depend upon its distance back from the ultimate right-of-way line as prescribed in Subsections C(1) and (2) of this section. However, when said fences may impede sight distance, a reduced height shall be required to maintain proper vehicular and pedestrian safety. Said height shall be determined by the Township Engineer. Fences provided for in this subsection shall be no more than 50% opaque; walls shall only be permitted if they meet this criterion. Decorative pillars shall be installed on either side of each entry drive/road when fencing or walls are proposed. Additional pillars may be provided. All such pillars shall have a minimum width (or diameter if round) of two feet and may extend higher than the fence, up to 1 1/2 feet above the top of the fence sections. All such pillars shall be of a complementary design to the fence or wall.
(4) Any fence on top of which barbed wire, razor wire or other security device is proposed to be installed shall require conditional use approval. The applicant shall demonstrate that such security device adds the minimum practical additional height to the fence and has been properly considered in the buffering for the fence.
(5) Should there be any conflict between heights permitted in the various subsections of this section, the lower height shall prevail.
(6) Regardless of any requirement to the contrary herein, chain link fencing may be provided along the frontage of a limited access highway. Said fence shall not exceed eight feet in height (exclusive of barbed wire topping).

7. Exemptions.
Fences erected on tracts of five acres or larger for agricultural uses are exempt from permits and the requirements of this article other than the three-foot height maximum in the thirty-foot sight triangle, § 182-10: Visibility at intersections.

The following uses shall be specifically prohibited in a Floodplain Conservation District:
A. All freestanding structures, buildings, and retaining walls.
B. Detention or erosion control basins, storm drainage systems, pipes, culverts, bridges and the relocation of any watercourse unless approved by the Board of Supervisors of Upper Providence Township, which shall first have received favorable acceptance from the Township Planning Commission, Township Engineer and Montgomery County Conservation District. All required permits or approvals must be obtained from the Pennsylvania Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands. FEMA and the Pennsylvania Department of Conservation and Natural Resources shall be notified prior to any alteration or relocation of any watercourse. All improvements within the FEMA area must receive approval from FEMA and all adjacent communities, and the Pennsylvania Department of Conservation and Natural Resources must be contacted prior to the construction of any of the improvements. Copies of such notification shall be sent to FEMA. The flood-carrying capacity within the altered or relocated watercourse shall be maintained.
C. Sanitary landfills, dumps, junkyards and the outdoor storage of vehicles and/or materials.
D. On-site sewage disposal systems or subsurface sewage disposal areas.
E. Private water supply wells.
F. The construction, enlargement or expansion of manufactured homes, manufactured home parks, and manufactured home subdivisions. This includes the construction or expansion of mobile homes, mobile home parks and mobile home subdivisions.
G. The construction, enlargement or expansion of hospitals (public or private).
H. The construction, enlargement or expansion of nursing homes (public or private).
I. The construction, enlargement or expansion of jails or prisons.
J. The construction, enlargement or expansion of any structure which would be used for the production, storage or maintenance of a supply of the following toxic chemicals which are dangerous to human life: acetone, ammonia, benzine, calcium carbide, carbon disulfide, celluloid, chlorine, hydrochloric acid, hydrocyanic acid, magnesium, nitric acid and oxides of nitrogen, petroleum products (gasoline, fuel oil, etc.), phosphorus, potassium, sodium, sulphur and sulphur products, pesticides (including, without limitation, insecticides, fungicides and rodenticides), radioactive substances insofar as such substances are not otherwise regulated, and any other dangerous materials or substances regulated by the appropriate federal or state agencies.
K. The grading or regrading of lands within the floodway, including the deposit of topsoil or any other fill material and the grading thereof, and the construction of retaining walls.
L. Fully or partially enclosed space below the first floor (including basement) shall be prohibited in any structure in the floodplain.
M. Sod farming.
N. Clearing of all existing vegetation, except where such clearing is necessary to prepare land for a use permitted under the Floodplain Conservation District, herein, and where the effects of these actions are mitigated by adequate reestablishment of vegetation.
O. New construction of buildings or placement of fill within the one-hundred-year floodplain is prohibited.
P. Stormwater basins, including necessary berms and outfall facilities.
Q. Parking lots.
R. Roads or driveways, except where permitted as corridor crossings in compliance with § 182-28: Permitted uses.
S. Motor or wheeled vehicle traffic in any area not designed to accommodate adequately the type and volume.
T. Recreational vehicles.
For complete details on the Floodplain Conservation District, see Article III: Floodplain Conservation District.

A. Density. The maximum density for development pursuant to this article shall be 1.5 dwelling units per developable acre.
B. Lotting exclusion. In order to allow the maximum flexibility in site design and to take maximum advantage of views of the golf course, lotting is not required in any development built pursuant to this article, nor is any minimum lot size. However, in cases wherein lots are utilized, the distance between any point on a dwelling and the abutting lot line shall not be less than 10 feet, with the following exceptions:

(1) Along lot lines wherein dwelling units are connected.
(2) Along lot lines on which any form of zero-lot line single-family detached dwelling unit, is coincident. In such cases, a maintenance easement shall be required on any abutting lot, the minimum width of which shall be 10 feet.

C. Access restriction. No dwelling unit within the Golf Course Residential Community may take access directly from any road with a feeder or higher classification, regardless of whether said road is existing or proposed. All dwelling units shall gain access from residential roads, internal access roads, drives, courts or similar arrangements.
D. Setbacks from golf course.

(1) The closest point on any dwelling unit or to any outdoor living space associated with a dwelling unit shall be set back a minimum distance from any playing area on the golf course (which shall be defined as the tee, fairway and green, as defined in Figure 1, see § 182-63.5D(2)), in accordance with the following:

(a) Seventy-five feet from the back tee.
(b) From the center line of a fairway, the setback distance increases from 75 feet (at the tee) to 150 feet at a point 400 feet away from the tee. The setback then remains at 150 feet for the remainder of the fairway.
(c) One hundred fifty feet from the center of the green.

(2) The setbacks in § 182-63.5D(1)(a) and § 182-63.5D(1)(c) above may be reduced if protective screening and/or landscaping, substantially more dense than the buffer required for these areas, as stipulated in § 182-63.7: Landscape and buffer requirements, is proposed in the actual layout of the golf course when said layout is prepared by an architect/landscape architect with the credentials required per § 182-63.6A. Any such reduction in setback shall be subject to review and approval by the Township.

E. Public road setback. A minimum building setback of 100 feet shall be required from the ultimate right-of-way of any existing frontage roadway or proposed public road of feeder or higher classification. A minimum building setback of 40 feet shall be required from the ultimate right-of-way of any existing frontage roadway or proposed public road of residential classification.
F. Other building setbacks. Building setbacks, in addition to those prescribed in other subsections of this section, shall be as prescribed in this subsection, unless a greater setback is explicitly or implicitly required by the provisions of Subsections D and E of this section or by the buffer requirements in § 182-63.7: Landscape and buffer requirements, respectively.

(1) From the right-of-way line of any internal street in the community, or in the absence of a right-of-way line, from a line five feet back from the edge of the cartway/curbline: 20 feet.
(2) From a common parking area serving residential units (or access road thereto), or from a solid waste collection facility or other service area (if separate from a parking area): 20 feet.
(3) From a dwelling unit to an outdoor recreation facility associated with the development but not housed in a building [as permitted in § 182-63.2C(2)]: 30 feet.
(4) From a dwelling unit to another permitted nonresidential building or parking area serving nonresidential uses within the community (or access road thereto): 40 feet.
(5) Setback from the tract boundary, in which no structure or parking facility shall be placed (with the exception of entrance area guard stations, entrance roads, ponds, stormwater basins or cart paths): 75 feet.

G. Separation of residential buildings.

(1) The minimum horizontal distance between any two residential buildings within the same building group or cluster shall be 20 feet. (The required master plan shall be used to determine if buildings are within the same group or cluster; criteria to determine same shall include but not be limited to those buildings oriented toward the same street, cul-de-sac or courtyard; or those which are oriented toward the same open space area).
(2) The minimum horizontal distance between any two residential buildings not within the same building group or cluster shall be 35 feet.

H. Height regulations. The maximum height for all buildings shall be as follows:

(1) For all residential buildings: 35 feet.
(2) For a clubhouse building: 50 feet; however, the number of habitable stories shall not exceed three.
(3) All other permitted buildings: 18 feet.

I. Coverage standards. The following standards shall apply to the community as a whole:

(1) Maximum building coverage: 15%.
(2) Maximum impervious coverage: 25%.

J. Utilities. All proposed utility lines (electrical, telephone, cable TV, internal security system lines, etc.) within the Golf Course Residential Community development shall be placed underground in accordance with the requirements of Chapter 154: Subdivision and Land Development, of the Code of the Township, § 154-28D.
K. Lighting. Lighting facilities for the residential areas, clubhouse, roads, and parking areas shall be provided as needed and arranged in a manner which protects the existing frontage roads and neighboring properties from direct glare or hazardous interference of any kind. Lighting shall also be arranged to avoid direct glare into the proposed residences. As a result of the unique nature of a golf course development, in lieu of traditional streetlighting, lighting facilities may be required of the residents of the development. Such facilities shall be installed by the developer at his expense and shall be required to be illuminated during hours of darkness and controlled by the homeowners' association(s) or similar entity(ies) which shall be set up to administer and maintain common facilities. All lighting installed in the GCR District shall be in accordance with the provisions of Chapter 154: Subdivision and Land Development, of the Code of the Township, § 154-40: Lighting.
L. Signs. All signage to be installed in any location within a golf course development shall comply with all requirements for residential signs, as stipulated in Article XIX of this chapter. All signage shall be of compatible materials and design with the buildings and other street furniture found in the development and shall be of a coordinated design throughout the development. In addition to the foregoing, the following additional sign regulations shall govern in a Golf Course Residential Community:

(1) For any single residential section of the community which has a separate identity that will distinguish it from other sections, one identification sign with the name of that section may be permitted at the main entrance to that section, the total area of which cannot exceed 25 square feet. One additional identification sign may be permitted at a secondary entrance, with an area not to exceed 15 square feet. No identification sign for any residential section shall have a sign height exceeding 12 feet.
(2) Multiple directory signs indicating the location of separate sections of the community and the location of the golf course and other recreational uses may be installed, limited to the dimensional requirements contained in § 182-151B of this chapter. No more than four such signs may be permitted in any Golf Course Residential Community and shall only be permitted at major entrances to the community or at major entrances to separate residential sections.
(3) The golf course and any other recreational uses may be identified with separate identification signs. No more than one such sign shall identify the golf course in the vicinity of the clubhouse and its associated parking, and no more than one sign shall identify any other major recreational use (such as but not limited to swim club/pool, tennis club, etc.). Such signs shall not exceed an area of 35 square feet, and not have a sign height exceeding 15 feet. In addition, incidental directional and street signs within the golf course area directing patrons to various facilities may be permitted, provided that they are internalized within the development and not seen from existing frontage roads.

M. Parking. Parking requirements in the GCR District shall be as follows:

(1) For the residents of each dwelling unit, parking shall be as required in § 182-179A of this chapter.
(2) For guest parking: in addition to the parking as required in Subsection M(1) above, 1/2 space per dwelling unit shall be provided.
(3) For golf course patrons and users of the clubhouse facility, one parking space shall be provided for each 300 square feet of gross floor area of the clubhouse. In addition, one parking space shall be provided for each employee on the largest combined shift for employees who can conceivably be on-site at the same time, for both the golf course and clubhouse facility. Dependent upon the specific mix of uses proposed in the clubhouse facility, the Board may require additional parking to be held in reserve in accordance with the allowance contained in Subsection M(5) of this section. If additional parking is to be installed, such additional parking shall not exceed twice the number of spaces otherwise required by this article.
(4) Parking lot landscaping shall be required and shall follow the requirements contained in § 182-120.10D of this chapter.
(5) When conditions warrant, the use of reserve parking is encouraged. The requirements of § 182-180: Parking reserve areas of this chapter shall be applicable.
(6) All other applicable requirements for off-street parking, as contained in Article XXII: Off-Street Parking and Loading, shall be enforced in a golf course development.
(7) At least one loading/unloading area shall be provided for the clubhouse facility. Such area(s) shall be placed in such a location that there is no interference between service vehicles and parking/vehicular circulation for patron parking or golf cart circulation.

N. Dwelling mix. Throughout the entire community, a minimum of two residential uses and/or configurations of single-family attached dwellings, as defined in § 182-63.2A, shall be required. Within at least one of those uses/configurations, a minimum of two distinctly different architectural styles shall be required. With the exception of the minimum percentage for single-family detached units of 10%, as stipulated in § 182-63.2A(1), there shall be no minimum percentage for any proposed residential use or configuration of single-family attached dwellings. Dwelling unit mix requirements need not be enforced if all dwelling units throughout the community are proposed as age-restricted adult units. The Board of Supervisors may grant modifications from the specific mix requirements herein, provided that the spirit and intent of this article and the statement of community development objectives contained in § 182-2: Community development objectives are observed, and that the overall density specified in § 182-63.5A is not exceeded. Any such variations shall be embodied in the development agreement specified in § 182-63.4D and reflected on the master plan required in § 182-63.8: Master plan requirement. Such modifications may be made at the time of initial development plan approval for the entire community, or may be requested and granted at subsequent times as a result of market changes; any subsequent modifications shall be reflected in amendments to the development agreement and master plan.
O. Trash and refuse areas. Provision shall be made for the storage of trash, refuse, garbage and recyclables, whether inside a building(s) or within a walled or fenced area outside the building(s). The walls or fences of such trash and refuse areas must shield the contents of the enclosure from direct view from any residences and shall be of compatible design and materials with the building(s) which it services. Proper ingress and egress must be provided for removal of the trash, refuse, garbage and recyclables, without conflict with parked vehicles or circulation within the parking area. Around the non-parking-lot-side(s) of any enclosure, landscaping shall be provided to soften the appearance of the enclosure.
P. Additional development regulations. The following additional regulation(s) shall be applicable to a Golf Course Residential Community, in recognition of the unique type of development which it represents, wherein the Township believes such regulation(s) to be adequate, based upon review and recommendation of the Township Engineer.

(1) In instances where the road's function allows, the cartway on any private interior roads may be reduced to a width as narrow as 24 feet. In addition, such roads shall have a minimum of five feet back from the edge of the cartway/curbline on each side of the road, in place of a right-of-way, such that the total width devoted to the roadway is a minimum of 34 feet.
(2) Concrete rolled curb may be installed on private interior roads, in lieu of the stand-up curbing required in Chapter 154: Subdivision and Land Development.
(3) Secured or gated road entrances to the development may be permitted.
(4) Private cul-de-sac courtyards may be permitted which exceed the maximum permitted length as stipulated in Chapter 154: Subdivision and Land Development of this Code, as long as emergency access, as may be required by the Township, is provided.
(5) Sidewalks, as normally installed in conformance with the requirements of Chapter 154 of the Township Code, may be eliminated and replaced with a pedestrian walkway system, as provided for in § 182-63.8C of this article.
(6) Shade trees, as normally installed in conformance with the requirements of Chapter 154: Subdivision and Land Development of the Township Code, may be eliminated. A coordinated landscape plan, showing development-wide landscaping, buffering (as required in § 182-63.7: Landscape and buffer requirements) and any proposed shade trees shall be implemented. Landscaping shall be installed, and the landscape plan drafted, in accordance with the provisions of § 182-120.10.1A and § 182-120.10.1E, respectively, of this chapter.

The following general regulations shall apply in the GCR Golf Course Residential Community District:
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 shall be developed under single direction in accordance with an approved master plan and declaration of restrictive covenants, pursuant to § 182-63.8: Master plan requirement and § 182-63.9: Declaration of restrictive covenants, respectively, and in accordance with approved subdivision and/or land development plans as shall be required. The master plan, declaration of restrictive covenants and development agreement required in Subsection D of this section shall be binding upon all assignees or purchasers of property in the District.
B. Sewer and water facilities. The tract shall be served by public sewer and public water facilities deemed acceptable by the Board of Supervisors, but subject to the following conditions and exceptions:

(1) Other sources of water supply may be approved by the Board in relation to maintaining the golf course, other landscape plantings and open space, after receiving favorable comments from all required reviewing agencies.
(2) Alternative sewage disposal systems may be accepted by the Board of Supervisors which would provide a means for the preservation and maintenance of the golf course and open space.
(3) Before any action by the Board of Supervisors, comments shall be received for all types of water and sewer supplies from any of the following bodies, as required by the Township: the Municipal Authority Engineer; Upper Providence Municipal Authority; Delaware River Basin Commission; Pennsylvania Department of Environmental Protection; and the Lower Perkiomen Valley Regional Sewer Authority.

C. Development plans. In addition to the master plan required pursuant to § 182-63.8: Master plan requirement, actual application for development of all or part of a tract of land in this District shall be accompanied by subdivision and/or land development plans which shall comply with Chapter 154 of the Township Code, Subdivision and Land Development. The plans shall be subject to the tentative, preliminary and final plan stages, in accordance with the requirements of that chapter.
D. Development agreement. In addition to the declaration of restrictive covenants required pursuant to § 182-63.9: Declaration of restrictive covenants herein, approved development of all or any portion(s) of a tract in this District shall be executed in accordance with a development agreement in form and substance satisfactory to the Township. 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 for the tract, or phases(s) or portion(s) thereof, as appropriate. Should any final plans be amended subsequent to original recording, an approved amended final plan shall be recorded, together with an amended development agreement, as necessary.
See § 182-63.3: Prerequisites for conditional use application in the GCR District.

A Golf Course Residential Community is allowed only as a conditional use in the R-1 Residential District, provided that the tract proposed for such development meets the criteria specified in § 182-63.3: Prerequisites for conditional use application, and that the procedural requirements for conditional uses, set forth in § 182-204: Procedure for consideration of conditional use application of this chapter, are followed. A Golf Course Residential Community shall be construed to mean a planned development consisting of residential use(s) as permitted herein, combined with the development of a regulation golf course, along with any other recreational uses and uses incidental to such a development, as herein after provided.
A. The residential uses which are permissible in a Golf Course Residential Community are as follows:

(1) Single-family detached dwellings, provided that when these are proposed to be developed in a separate section and/or phase in the community, they comprise at least 10% of the aggregate number of units proposed for all phases of the development.
(2) Two-family dwellings.
(3) Single-family attached dwellings, in any of a variety of configurations, including those which are attached back-to-back, side-to-side or side-to-back.
(4) Multifamily dwellings.

B. In addition to a mix of residential dwellings, a regulation golf course shall be included in every Golf Course Residential Community.
C. Additional uses which may be developed in conjunction with a Golf Course Residential Community may include the following; provided, however, that none is intended as an independent, freestanding commercial use:

(1) Clubhouse, which may include any of the following facilities:

(a) Kitchen, dining and banquet facilities.
(b) Snack bar, grille, bar or lounge; lobby(s) or other common gathering areas.
(c) Golf and tennis pro shops.
(d) Locker rooms, rest rooms and bath facilities.
(e) Exercise rooms, massage facilities.
(f) Conference rooms, meeting rooms and ballroom not to exceed 25% of the total gross floor area contained in the clubhouse.
(g) Golf and tennis equipment repair facility; golf club storage facility.
(h) Management offices for the clubhouse and golf course.

(2) Indoor and/or outdoor recreational facilities, community center or similar uses. At the discretion of the owner and/or management entity having responsibility for these facilities, said use(s) may be made available to the general public on any day that it is open. In addition, as a result of the unique nature of a Golf Course Residential Community, the requirements for the development of the golf course and other open space areas shall be as prescribed in this article; the requirements of Article IVA, Open Space and Recreational Facilities, of Chapter 154: Subdivision and Land Development, shall not be applicable for development approved pursuant to this article.
(3) Common open space, halfway house and golf course comfort station.
(4) Accessory uses on the same lot or premises with and incidental to the other uses permitted in this article.
(5) As a special exception only, communications antennas, in accordance with the provisions of § 182-21.1: Wireless communications facilities, mounted on an existing public utility transmission tower, existing building or other existing structure, and communications equipment buildings, only upon a showing, in addition to any other that may be required under this chapter, that denial of such a special exception would have the effect of prohibiting the provision of personal wireless service. Communications towers are not permitted.

D. No-impact home-based businesses in accordance with the standards set forth in § 182-21.3: No-impact home-based businesses.
E. Home occupations, provided that all of the requirements of § 182-21.4: Home occupations. shall be met.

1. The community development objectives of the Township are as follows:

A. Guiding the future development of the Township in accordance with comprehensive planning of land use and population; the most beneficial relationships among the residential, commercial, industrial and recreational areas within the Township, having regard to their suitability for the various uses appropriate to each of them as indicated by topography and soil conditions, existing man-made conditions and population trends; and considering such conditions and trends both within the Township and with respect to the relation of the Township to surrounding areas.
B. Protecting the character and social and economic stability of each of such areas and guiding their orderly and beneficial growth.
C. Protecting and conserving the value of land and buildings throughout the Township appropriate to the various zoning districts established herein.
D. Bringing about a beneficial relationship between land use and traffic circulation and the avoidance of congestion in the streets and the provision of safe and convenient access appropriate to the various land uses.
E. Fostering the efficient provision of public facilities and services and their relationship to the orderly growth and development of the Township.

2. Establishment of controls

A. For new uses and structures. In all districts, after the effective date of this chapter, any new building or other structure or any tract of land shall be constructed, developed and used only in accordance with the regulations specified for each district.
B. For existing uses and structures. In all districts, after the effective date of this chapter, any new building or other structure or any tract of land which is not in conformity with the regulations for the district in which it is located shall be deemed nonconforming and subject to the regulations of Article XXI: Nonconforming Uses, Premises, Structures and Lots.
C. Limitation on principal uses and/or buildings. Except as may be permitted in a specific zoning district, no more than one principal use or building may be permitted per lot.

3. Zoning Map
The areas within the Township limits as assigned to each district and the location of boundaries of the districts established by this chapter are shown upon the Zoning Map, which is declared to be a part of this chapter and shall be kept on file by the Township Manager.
4. District boundary lines.
Where uncertainty exists with respect to the boundaries of the various districts as shown on the Zoning Map, the following rules shall apply:

A. Boundaries indicated as approximately following the center line of streets, highways or alleys shall be construed to follow center lines.
B. Boundaries indicated as approximately following plotted lot lines shall be construed as following such lines.
C. Boundaries indicated as approximately following Township boundaries shall be construed as following such boundaries.
D. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
E. Boundaries indicated as following streams and rivers shall be construed to follow the center lines of the same.
F. Boundaries indicated as parallel to or extensions of features indicated in Subsections A through E above shall be so construed. Distances not specifically indicated on the Zoning Map shall be determined by the scale of the map.
G. Where physical features existing on the ground are at a variance with those shown on the Official Zoning Map or in other circumstances not covered by Subsections A thorough G above, the Zoning Officer shall make an initial determination. Thereafter, any party may appeal his decision to the Zoning Hearing Board, which, upon appeal, shall interpret the district boundaries.
H. When a district boundary line divides a lot held in single and separate ownership as of the effective date of this chapter or a subsequent amendment thereto, the regulations as to use in the less restrictive district may, when authorized as a special exception, extend over the portion of the lot in the more restrictive district, to the nearest lot line, but in no case a distance greater than 50 feet; provided, however, that the setbacks, coverages, height and all other developmental regulations of the less restrictive district shall not be so extended. The Zoning Hearing Board may require suitable buffering if the use on the abutting lot is different than the use being extended by application of this provision; provided, however, that this provision does not imply permission to extend uses into either the Floodplain Conservation District or the Steep Slope Conservation District which are not normally permitted in those districts.

5. Access to public streets.
No structure shall be erected without direct access over the same lot. Such access shall be at least 50 feet wide and shall extend from the structure to a public road. This section shall not be construed to apply to access to individual units within the R-3 and R-4 Residential Districts, which is provided for under § 182-52B(5) and § 182-60B(5), respectively, and access to parcels within the VCO District, which is provided for under § 182-96.3B(8)(a). Additionally, the Board of Supervisors may require that access be taken from a private road with access to a public road, if a private road borders the proposed site; all easements and other required documentation shall be filed with the Township.

 

The Board of Supervisors shall determine that the following standards are met prior to granting approval of a conditional use application:
(1) Access and frontage. The proposed use shall have direct access to a feeder or higher classification road according to the Township's adopted Ultimate Right-Of-Way Ordinance, Article IV: R-1 Residential-Agricultural District and Map. A minimum of 300 feet of continuous frontage on at least one such road shall be required. In the case of a unified development and master plan approval as noted in § 182-81I, the 300 feet may be part of an entire development, not just the institutional use.
(2) Density for the development types listed within § 182-80.1A(3) shall be as follows:

(a) Residential care facility for senior citizens: 12 dwelling units per developable acre.
(b) Personal care home or assisted living residence: 15 dwelling units per developable acre. In computing density for this use type, every two beds shall constitute one dwelling unit.

(3) The maximum impervious coverage shall be 50% of the lot area of the proposed development.
(4) All setbacks prescribed in § 182-81E shall be increased by 10 feet. All buffers prescribed in said section shall also be increased by 10 feet. An additional 10 feet in setback on any property line abutting an existing residential use shall be required, unless the proposed use is a cemetery.
(5) Cemeteries have a minimum gross tract area of 10 acres.
(6) All other requirements contained in § 182-81: Development regulations shall be met. In the event of conflict between any requirements in said section with the requirements contained in this section, the more restrictive shall apply.

1. For all authorized buildings and uses, the following regulations shall apply:

A. Area and width. No Institutional District lot shall be less than five acres, and no Institutional District lot shall have a width of less than 100 feet measured along the building line.
B. Lot coverage. The total area covered by buildings, parking lots and vehicular accessways shall not exceed 50% of the total lot area. The remaining 50% shall not include buildings, parking lots or vehicular accessways and shall be landscaped open space, woodlands, appropriate recreational area, or similar nonintensive use; of that 50% of open space, 30% of it must all be in one area, contiguous, uninterrupted, not bisected by an accessway; it may be irregular in shape, but the longest boundary shall be at least equal to 1/2 of the frontage abutting the highest classification of road as identified in the SALDO, and one other boundary shall be at least half as long as the longest boundary. Of the remaining open space area (50% total open space less 30% contiguous and uninterrupted), 10% of that area may be impervious to accommodate walkways, utility pads, sport courts, or similar uses.
C. Height.

(1) Buildings. The maximum height of any building shall be 70 feet; however, for each foot over 40, one additional foot of setback must be provided. Chimneys and steeples are included as a part of the building height. Purely architectural elements (nonstructural) may extend an additional 10 feet in height.
(2) Freestanding structures. Water towers, silos, radio antennas and other similar freestanding structures may not include habitable space and must provide one foot of setback for each foot of height.

D. Sewer and water facilities. The proposed institutional use shall be served by a public sewer system and a public water supply system.
See § 182-81E for table of building and parking setbacks in the IN District.
F. General landscape requirements. In addition to the buffers required pursuant to Subsection E herein, all other areas not devoted to buildings or parking shall be landscaped with trees, shrubs, ornamental plants and grass or other appropriate ground cover or developed as recreational space as described within § 182-81B.
G. Parking lot landscaping. For parking areas of more than 20 cars, a minimum of 10% of the parking lot shall be devoted to interior parking lot landscaping, exclusive of any other landscaping or buffering requirements of this article. The minimum dimension of a planting island shall be nine feet by 18 feet.
H. Landscape plan. A landscape plan shall be submitted for any development in the IN District to document all proposed buffering, general tract landscaping, and parking lot landscaping. Said landscape plan shall be prepared in accordance with the requirements of § 182-120.10 of this chapter.
I. Master plan. A master plan shall be required for all developments proposed in this district with more than five developable net acres or any parcel that is proposed to be subdivided from a larger parcel with IN Overlay District designation. The master plan shall be prepared in accordance with the following requirements:

(1) The master plan must be drawn, at a minimum, to the requirements outlined for a tentative sketch plan, as detailed in § 154-11: Tentative sketch plan of Chapter 154: Subdivision and Land Development.
(2) Master plan submissions must also show the following:

(a) Potential development of the entire tract, including potential future subdivisions;
(b) Relationship between new and proposed lots and uses and how those new and existing function as an integrated development;
(c) Relationship between existing and proposed buildings;
(d) Relationship between existing and proposed parking, both internally and to the entire tract;
(e) Tabulation of the ratio of open space provided on the development tract;
(f) Generalized stormwater areas;
(g) Generalized pedestrian amenities, including potential trail locations and other outdoor areas for use by residents/students;
(h) Existing and proposed vehicular circulation;
(i) Existing and proposed landscaping and buffer areas; and
(j) The demonstration of natural feature preservation as outlined in the following:

[1] Floodplain and wetland delineation and preservation within Article III: Plan Submission Requirements and Processing Procedures and § 154-12C(5)(d) of Chapter 154: Subdivision and Land Development.
[2] Steep slope conservation within Article XVIII: SS Steep Slope Conservation District.
[3] Disturbance of woodlands and other vegetation as detailed in § 154-35B of Chapter 154: Subdivision and Land Development.
[4] Topsoil shall be protected in accordance with § 154-35C of Chapter 154: Subdivision and Land Development.

(k) Existing and proposed zoning tabulation.

(3) Any change to proposed lots, buildings, circulation, parking, landscaping or natural features 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 master plan recorded prior to the proposed change. No subdivision or land development for any development on the subject tract shall be approved without a current recorded master plan.
(4) A revised master plan must be recorded simultaneously with the recording of each subsequently approved subdivision and/or land development, with the open space tabulation current through the most recently approved subdivision or land development.
(5) As part of the master plan, internal setback within the IN Overlay District and any other zoning district that are part of the master plan can be freely disposed of in a unified plan. In such case, the overall development shall be considered a single tract for purposed of driveway access and parking. Reciprocal cross easements that allow for common parking, internal vehicular access, stormwater management, pedestrian interconnections, etc., between the lots shall be provided.
(6) A declaration of restrictive covenants shall be required to accompany any master plan submission. That declaration shall provide all of the restrictions necessary to assure that a proposed development will operate as depicted on the master plan. The minimum requirements for the declaration of restrictive covenants shall meet the minimum criteria outlined within § 182-120.8: Declaration of restrictive covenants required within this chapter.

J. Building articulation. For buildings with any individual facade 100 feet or greater, building articulation shall be provided on each such facade. For each 100 feet of facade, there shall be at least one recessed or protruding building segment. Such segment shall be a minimum of four feet in depth and 15 feet in width. At its discretion, upon recommendation of the Planning Commission, the Board of Supervisors may permit use of alternate building treatment to break up facades longer than 100 feet. In order to evaluate proposed building treatment, architectural drawings and elevations shall be submitted.
K. 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, if it is determined that such areas are necessary for the operation of the use. Such area shall not occupy any required parking spaces, and shall be located at locations screened from view from public roads and surrounding properties to the extent feasible.
L. Pedestrian amenities, such as but not limited to benches and other outdoor seating areas, paved walkways, plazas, or water features compliant with ADA requirements shall be provided when complementary to the proposed use. Design of pedestrian amenities must be consistent with the overall concept for the proposed development.
M. Limited subdivision of any tract proposed for development in accordance with this article may be permitted subject to the requirements of this section and also subject to the requirements for a master plan and declaration of restrictive covenants as outlined within § 182-81I. Any subdivided lots may only be for uses outlined within § 182-80.1A and § 182-80.1B; those uses must meet all conditions outlined within § 182-80.1C. Any lots proposed for subdivision shall meet the following minimum requirements: See § 182-81M for table of subdivision requirements and associated dimensions. 

2. Nuisance controls.
Institutional use(s) shall make provisions for control of each of the following:

A. Access. A planned system of efficient access, egress and internal circulation of traffic which shall interfere minimally with nearby traffic shall be required. Loading and unloading areas shall be provided where deemed necessary and shall be located to the rear of the proposed use and effectively screened from abutting residential districts, as set forth in Article XXII: Off-Street Parking and Loading. If the rear of the proposed use abuts existing residential development, the Board of Supervisors may approve an alternate location.
B. Lighting. Lighting shall be arranged in a manner which will protect adjacent highways and neighboring properties from unreasonable direct glare and shall be installed in accordance with the provisions of Chapter 154: Subdivision and Land Development, of the Code of the Township, § 154-40: Lighting.
C. Solid waste disposal. A plan for the weekly disposal of solid waste material shall be required. All solid waste shall be stored in covered containers either within a building or outside. Any trash disposal area outside a building shall be surrounded with either a masonry wall or opaque fence; in either case, a gate shall be provided for access to the trash container(s). The wall or fence shall be designed to shield the trash area from direct view of any adjacent property and must be at least six feet high. No solid waste shall be stored closer than 50 feet to any property line.

3. Plan submission requirements.

A. All proposals for development within the district shall comply with Chapter 154: Subdivision and Land Development.
B. All proposals for application of the IN Overlay District, and/or development within the district, shall include a community impact statement prepared in accordance with § 182-55: Community impact statement required of this chapter; said analysis shall be evaluated based upon the criteria in § 182-56: Evaluation of community impact statement of this chapter. All proposals shall also be accompanied by a traffic impact statement prepared in accordance with § 182-120E of this chapter.

4. Signs; off-street parking and loading.
All signs and off-street parking and loading facilities shall comply with the requirements of Article XIX: Signs and Article XXII: Off-Street Parking and Loading of this chapter.

The interpretation of this chapter is intended to be such that whenever these requirements are at variance with Township subdivision and development regulations or any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants as particularly refer to area and bulk regulations and impose higher standards, the most restrictive requirement shall govern.

Other development regulations
The following additional development regulations shall apply for any development proposed in the Interchange Office District:
A. Utilities. All utility lines (electrical, telephone, etc.) shall be placed underground.
B. Signs. All signs in the IO Interchange Office District must adhere to the requirements of Article XIX: Signs, of this chapter.
C. Access. Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the IO District development without causing undue confusion or interference with the normal traffic flow. The Township Planning Commission, with the advice of the Township Engineer, shall satisfy itself as to the adequacy of the thoroughfares and access points intended to accommodate the traffic generated by the proposed IO District development, as well as to the street frontage of the proposed development. Access points shall be limited to no more than two curb cuts per site from any street or highway unless such site has more than 600 feet of frontage on said street or highway. In no event shall more than three curb cuts be provided.
D. Loading and unloading. All loading and unloading operations shall be carried on within or contiguous to the facade of any building(s) used for such purposes.
E. Traffic impact. Satisfactory provisions shall be made to prevent traffic congestion and hazards resulting from projected traffic, as determined by the evaluation of a traffic impact study to be prepared by a professional traffic engineer and/or transportation planner. Said study shall be submitted for any application for development in the IO Interchange Office District or for any request for a rezoning to this district. Minimum guidelines for the preparation of a traffic impact study shall be as listed below, with additional guidelines to be set forth as deemed necessary by the Board of Supervisors:

(1) The traffic on all roadways, intersections and interchanges within a half-mile radius from the edge of the site shall be considered.
(2) The study shall include a description of the type of operation proposed and the traffic characteristics associated with it.
(3) Traffic volumes for average daily traffic at peak highway hour(s) and at peak development-generated hour(s) shall be included for all roadways in the study area.
(4) Documentation of the source(s) of trip generation rates used shall be included.
(5) An origin and destination analysis for the projected traffic shall be included.
(6) Documentation of any on-site or off-site improvements proposed by the applicant to mitigate any projected adverse impacts shall be enumerated.

F. Lighting facilities. Lighting facilities shall be provided as needed and arranged in a manner which will protect the highway and neighboring properties from unreasonable glare or hazardous interference of any kind and shall be installed in accordance with the provisions of Chapter 154: Subdivision and Land Development, of the Code of the Township, § 154-40: Lighting.
G. Trash and refuse areas. Provision shall be made for the storage of trash, refuse and garbage, whether inside the building(s) or within a walled area outside the building(s). The walls of such trash and refuse areas must shield the trash and refuse from the direct view of any adjacent property and must be at least six feet in height.
H. Amenity areas. The developer shall be encouraged to provide amenity areas for community or customer use, such as tot-lots, playgrounds, benches, sitting areas and other services necessary for the comfort and convenience of the prospective users of the IO District development.
I. Community impact analysis. Any application for development in the IO Interchange Office District or for any request for a rezoning to this district shall be required to submit a community impact analysis for evaluation by the Township, covering the following subject areas:

(1) The conformance of the proposed development with the Comprehensive Plan of Upper Providence Township and its compatibility with existing and proposed land uses adjacent to the site.
(2) The impact on any existing floodplains, heavily wooded areas, rock outcroppings, steep slopes and other sensitive natural features, if any.
(3) The impact on the Township and regional transportation system and the ability of adjacent streets and intersections to efficiently and safely handle the traffic generated by the proposed development.
(4) The impact on public utilities, including but not limited to sewage disposal, garbage and rubbish disposal, water supply, storm drainage and electric utilities.
(5) The impact on the provision of police and fire protection for the proposed development.
(6) The impact upon the character of the surrounding neighborhood. The applicant must show that the proposed development will not adversely affect the neighborhood by reason of noise, odors, smoke or vibration.

J. Parking. All parking in any development built pursuant to this article shall utilize the applicable requirements contained in Article XXII: Off-Street Parking and Loading, of this chapter.

See § 182-119: Site development requirements for specific site requirements for the IO District.

The following regulations shall apply in the Interchange Office District:
A. General regulations. The following general regulations shall apply for any development proposal within the Interchange Office District:

(1) 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. The transfer of ownership to another applicant prior to the commencement of construction shall render the development agreement required in Subsection A(4) below void. Said agreement shall then be renegotiable between the new owner(s) and the Board of Supervisors.
(2) Sewer and water facilities. The tract of land shall be served by public sewer facilities and water facilities deemed acceptable by the Board of Supervisors, upon recommendation of the Municipal Authority Engineer and review by the Department of Environmental Protection (DEP), the Lower Perkiomen Valley Sewer Authority and the Board of Supervisors.
(3) Development plan. The application for development shall be accompanied by a plan or plans showing the detailed use of the entire tract, which plan or plans also shall comply with all requirements of Chapter 154: Subdivision and Land Development, and other applicable ordinances. The plan shall clearly designate the proposed use(s) of each area of the tract The plan shall also be subject to tentative, preliminary and final review in accordance with Chapter 154: Subdivision and Land Development.
(4) 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.

See § 182-119: Site development requirements for specific site requirements for the IO District.

1. Master plan required
In any development pursuant to this article in which subdivision in accordance with § 182-120.6: Subdivision allowance is proposed, a master plan of the entire development tract shall be submitted for approval by the Board of Supervisors. Once approved, said plan shall be recorded prior to or simultaneously with the recording of the initial subdivision and/or land development plan for any portion of the tract. The following are the minimum requirements for said plan:

A. At a minimum, said plan shall be drawn to tentative sketch plan requirements, pursuant to § 154-11: Tentative sketch plan of Chapter 154: Subdivision and Land Development. The master plan shall show relationships among the various lots, buildings and parking areas and shall show how development of the entire tract, once executed in accordance with this plan, will function cohesively as an integrated development. The master plan shall depict proposed lot lines, vehicular circulation, buildings, parking and generalized landscaping scheme for the entire tract.
B. Preservation of natural features shall be assured; demonstration of this shall be documented through the master plan and on subsequently required subdivision and/or land development plans and landscape plans. The following shall be addressed in terms of natural features preservation:

(1) Floodplains and wetlands shall be protected in accordance with Article III: Floodplain Conservation District, of this chapter, and § 154-12C(5)(d) of Chapter 154: Subdivision and Land Development, respectively, as well as all applicable state and federal regulations.
(2) Steep slopes shall be protected in accordance with Article XVIII: SS Steep Slope Conservation District, of this chapter. When, in the opinion of the Township Engineer, soils information does not adequately depict steep slopes, topographic information shall be used to supplement it.
(3) Disturbance of woodlands and other vegetation shall be minimized. § 154-35B of Chapter 154: Subdivision and Land Development, regarding tree preservation, shall be enforced. When more than 25% of the trees with a minimum of a six-inch caliper must be removed, compensatory planting shall be provided at a rate of one inch of new caliper for every four inches of caliper removed. Every replacement tree shall have a minimum of two-and-one-half-inch caliper. Alternative types of compensatory planting may be permitted, with the concurrence of the Township. No grade changes, installation of impervious cover or equipment storage shall be permitted within the drip line of any tree to be preserved; fencing shall be placed at the drip line before any site work is begun, including tree removal or grubbing.
(4) Topsoil shall be protected in accordance with § 154-35C of Chapter 154: Subdivision and Land Development, regarding topsoil preservation.

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 building and parking areas and open spaces. Said pedestrian accommodations shall be reflected on each subsequently approved land development plan. Actual installation of pedestrian paths may be deferred for a maximum of six months from the date the occupancy permit is issued for the final building in said land development to provide sufficient time to observe actual pedestrian movements.
D. Any change to proposed lots, buildings, circulation, 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.
E. The most current recorded master plan must contain a tabulation of the ratio of open space provided on the development tract, current through the most recently approved subdivision and/or land development. A revised master plan must be recorded simultaneously with the recording of each subsequently approved subdivision and/or land development in order that the open space ratio is continually updated. In addition, as each land development plan is approved on an individual lot, a perpetual deed restriction shall be placed on that lot restricting any further subdivision of that lot, and further restricting the amount of impervious coverage, to that percentage which was approved as part of the land development plan.

2. Declaration of restrictive covenants required.
Accompanying the master plan, a declaration of restrictive covenants must be approved by the Township and recorded. Said declaration shall provide all of the restrictions necessary to assure that a proposed development will operate as depicted on the master plan. The following are the minimum requirements for the declaration:

A. Provisions for the establishment of an association with mandatory membership by the current owner of each lot represented in the master plan.
B. Parties to the declaration of restrictive covenants shall be bound by all restrictions contained therein, and shall include, at a minimum, the aforementioned association, developer, mortgagees of any lot and/or building on the tract, tenants and any other parties having any interest in all or any part of the proposed development and the Township. Provisions shall be included to permit Township enforcement of the restrictions contained in the declaration in the event that the association fails to do so.
C. Cross easements shall be included, which shall assure proper circulation throughout the development and access to all parking areas.
D. Maintenance provisions shall be included for the circulation network, parking areas, landscaping and all other common areas.
E. Provisions to ensure that all buildings within the development will be architecturally compatible and that compatible building materials are used throughout.
F. Provisions to ensure that development of any buildings, parking or other similar improvements be prohibited on any lots to be utilized solely for open space purposes, as indicated on the most currently approved master plan.
G. Provisions to guarantee public right to use of the interior roads and common open space areas; also provisions stipulating each lot owner/occupant rights with respect to common open space areas.
H. Any additional restrictions which will be applied to the development which are stricter than existing Township regulations.
I. Any change to cross easements, maintenance responsibilities, architectural controls or other applicable restrictions, which is substantive in the opinion of the Board of Supervisors, will necessitate a revised declaration of restrictive covenants to be submitted, approved and recorded to replace any prior such document. No subdivision or land development for any development on the subject development tract shall be approved without a current recorded declaration of restrictive covenants.

 

The following general regulations shall apply in the IO-2 Interchange Office Support District:
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 shall be developed under single direction in accordance with an approved master plan and declaration of restrictive covenants, pursuant to § 182-120.7: Master plan required and § 182-120.8: Declaration of restrictive covenants required, respectively, and in accordance with approved subdivision and/or land development plans as shall be required. The Master Plan, declaration of restrictive covenants and development agreement required in Subsection D shall be binding upon all assignees or purchasers of property in the district.
B. Sewer and water facilities. The tract of land shall be served by public sewer facilities and public water facilities deemed acceptable by the Board of Supervisors, upon recommendation of the Municipal Authority Engineer and review by the Pennsylvania Department of Environmental Protection (DEP) and the Lower Perkiomen Valley Regional Sewer Authority.
C. Development plans. In addition to the master plan required pursuant to § 182-120.7: Master plan required, actual application for development of all or part of a tract of land in this district shall be accompanied by subdivision and/or land development plans which shall comply with the Township's Subdivision and Land Development Ordinance. The plans shall be subject to the tentative, preliminary and final plan stages, in accordance with that ordinance.
D. Development agreement. In addition to the declaration of restrictive covenants required pursuant to § 182-120.8: Declaration of restrictive covenants required, approved development of all or any portion(s) of a tract in this district shall be executed in accordance with a development agreement in form and substance satisfactory to the Township. 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 for the tract or portion(s) thereof, as appropriate. Should any final plans be amended subsequent to original recording, an approved amended final plan shall be recorded, together with an amended development agreement, as necessary.

(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 § 182-120E, a community impact analysis consistent with the requirements of § 182-120I, and a sketch plan complying with the sketch plan requirements of Chapter 154: Subdivision and Land Development. Within one year, unless extended by the Board of Supervisors, 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 154: Subdivision and Land Development, and other applicable ordinances, unless these ordinances are relaxed in accordance with § 182-120.10.1D herein. The plan shall clearly designate the proposed uses(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 in an RUG-2:

(a) Utilities. All utility lines (electrical, telephone, etc.) shall be placed underground.
(b) Height regulations. The maximum height (as defined in § 182-24: Terms defined) of buildings or structures erected or enlarged in an RUG-2 shall be a maximum of 40 feet. Accessory buildings shall not exceed one story or 25 feet; except that a clubhouse building shall not exceed 35 feet.
(c) Parking regulations. Parking requirements for in RUG-2 shall be as follows:

[1] For the residents of each dwelling unit, no fewer 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, recreation facility, community center 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 § 182-179B(1)(d).
[3] 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, or 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.
[4] 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 of RUG-2, such landscaping shall be designated on a separate landscape plan as set forth in § 182-120.10.1C(2)(i) and in accordance with Chapter 154, Subdivision and Land Development, of the Code of the Township of Upper Providence.
[5] When conditions warrant, the use of reserved parking is encouraged. The requirements of § 182-180: Parking reserve areas of this chapter shall be applicable.

(d) Signs. Signs shall be permitted, subject to the requirements of Article XIX: Signs of this chapter.
(e) 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.
(f) 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., is hereby encouraged. 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 a similar entity. In addition to the foregoing, RUG-2 developments shall provide the following facilities for the general public:

[1] Bus stop for mass transit, if on an existing mass transit route, or area set aside for a future bus stop for mass transit, if none exists; and
[2] Public walkways or trails connecting the community to surrounding properties and existing or planned pedestrian circulation systems.

(g) 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 if it is determined that such areas are necessary for the operation of the use. Such area shall not occupy any required parking spaces and shall be located screened from view from public roads and surrounding properties to the extent feasible.
(h) 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 § 154-40: Lighting of Chapter 154: Subdivision and Land Development, of the Code of the Township of Upper Providence.
(i) Landscape 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 Use Group-2 residential units.

[1] Shade trees shall be provided along street frontage occupied by an RUG-2 residential development in accordance with the requirements of Chapter 154: Subdivision and Land Development, of the Code of the Township of Upper Providence.
[2] Buffer area. A permanent landscape planting area of at least 25 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 faces the street. All required buffers shall comply with the evergreen and deciduous percentages of a Type 3 buffer pursuant to § 154-36D(5)(e) of Chapter 154: Subdivision and Land Development, of the Code of the Township of Upper Providence, unless modified by the Board of Supervisors during the land development process.

(j) Design standards. The architectural design standards set forth in § 154-36.2: Design standards for developments in the Interchange Office, Retail, Service, and Recreation (IO-3) District shall apply.
See § 182-120.10.1C(3) for the density and dimensional requirements for the RUG-2 District.

(3) Plan modifications. The Board of Supervisors may grant modifications from the specific requirements herein, and those of Chapter 154: Subdivision and Land Development, provided that the spirit and intent of this article and the statement of community development objectives contained in § 182-2: Community development objectives are observed and that the overall densities specified herein are maintained.

(4) A revised Master Plan for the entire development tract shall be submitted as part of the conditional use application in accordance with § 182-120.7D.

(5) In the case of a conflict between the provisions of the Residential Use Group-2 regulations and those of the IO-2 district, or any other provision of the Zoning Ordinance or Subdivision and Land Development Ordinance, the provisions of the Residential Use Group-2 shall prevail.
 

1. Tract development requirements.
The requirements in this section are applicable to any tract of land to be developed pursuant to this article. These requirements shall apply to the tract as a whole, regardless of any subdivision which may be permitted pursuant to § 182-120.6: Subdivision allowance. All building setback, parking setback, building spacing and building height regulations contained herein shall apply to any permitted use buildings or conditional use buildings which may be permitted pursuant to § 182-120.3A(3). 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 assumed right-of-way for said roadway if that roadway is not public. All buffers required pursuant to this section shall be installed in accordance with the specifications contained in § 182-120.10: Landscaping and buffers.
See § 182-120.5: Tract development requirements for a table of information on tract development requirements and dimensions for the IO-2 District.
2. Subdivision allowance.
Limited subdivision of any tract proposed for development in accordance with this article may be permitted subject to the requirements of this section and also subject to the requirements for a master plan and declaration of restrictive covenants required in § 182-120.7: Master plan required and § 182-120.8: Declaration of restrictive covenants required, respectively, herein. As a result of the nature of any subdivision executed under the restrictions of this article, the requirement for public road frontage in § 182-11: Access to public streets of this chapter shall not be mandatory. To determine the subdivision potential of any tract pursuant to this section, lots devoted to either permitted uses per § 182-120.2: Permitted uses and/or to freestanding conditional uses per § 182-120.3A(3) shall be considered. Regardless of the use(s) to which the lot is put, no additional lots beyond which would be permitted pursuant to this section will be permitted. A lot used solely for a utility purpose shall be exempt from these regulations. The pertinent requirements for subdivision pursuant to this article shall be as follows:
See § 182-120.6: Subdivision allowance for a table of specific information on subdivision requirements and dimensions for the IO-2 District.
3. Other development requirements.
All requirements in § 182-120: Other development regulations of this chapter shall be applicable to any development pursuant to this article; the traffic impact study and community impact analysis requirements of § 182-120E and § 182-120I, respectively, shall be interpreted to apply to all permitted and conditional uses, as well as to any request for a rezoning to this district. In addition to all requirements of § 182-120: Other development regulations all parking in any development built pursuant to this article shall utilize the applicable requirements contained in Article XXII: Off-Street Parking and Loading, of this chapter.

1. The following development regulations shall be followed by all proposed developments within the RUG Use Group:

(a) Utilities. All utility lines (electrical, telephone, etc.) shall be placed underground.
(b) Height regulations. The maximum height (as defined in § 182-24: Terms defined) of buildings or structures erected or enlarged with the RUG Use Group 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 Use Group 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 § 182-179B(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 § 182-120.18C(2)(c)[1] above. If centrally located with respect to the majority of dwelling units, clubhouse and common facility parking spaces provided pursuant to § 182-120.18C(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 Use Group, such landscaping shall be designated on a separate landscape plan as set forth in § 182-120.18C(2)(h) below and in accordance with Chapter 154: Subdivision and Land Development, of the Code of the Township of Upper Providence.
[6] When conditions warrant, the use of reserve parking is encouraged. The requirements of § 182-180: Parking reserve areas of this chapter shall be applicable.

(d) Signs. Signs shall be permitted subject to the requirements of Article XIX: Signs of this chapter.
(e) Access. Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the RUG Use Group 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:

[1] Bus stop for mass transit, or area set aside for future bus stop for mass transit, if there is not existing bus service to the tract; and
[2] Public walkways connecting the community to the surrounding properties and connecting the surrounding properties with each other.

(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 154: Subdivision and Land Development, of the Code of the Township of Upper Providence, § 154-40: Lighting.
(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 Use Group residential units.

[1] Shade trees shall be provided along street frontage occupied by an RUG Use Group residential development in accordance with the requirements of Chapter 154: 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 § 154-36D(5)(e) of Chapter 154: Subdivision and Land Development, of the Code of the Township of Upper Providence.

(i) Design standards. The architectural design standards set forth in § 154-36.2: Design standards for developments in the Interchange Office, Retail, Service, and Recreation (IO-3) District shall apply, where relevant and practical.

2. Plan modifications. The Board of Supervisors may grant modifications from the specific requirements herein, and those of Chapter 154: Subdivision and Land Development, provided that the spirit and intent of this article and the statement of community development objectives contained in § 182-2: Community development objectives are observed and that the overall densities specified herein are maintained.

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 § 182-120E, a community impact analysis consistent with the requirements of § 182-120I, and a sketch plan complying with the sketch plan requirements of Chapter 154: 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 154: Subdivision and Land Development, and other applicable ordinances, unless these ordinances are relaxed in accordance with § 182-120D. 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.

The RUG Use Group 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.

Conditional use application requirements in addition to those set forth in Article XXIV: Administration and Enforcement, § 182-204: Procedure for consideration of conditional use application, 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.
(2) A community impact study shall be prepared and submitted with the conditional use application that complies with the requirements of § 182-120I of this chapter:
(3) A traffic impact study shall be prepared and submitted with the conditional use application that complies with the requirements of § 182-120E of this chapter.

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 § 182-24: Terms defined) 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.
[2] Loading and unloading space shall comply with § 182-184: Loading and unloading space.
[3] Parking for those nonresidential uses permitted in § 182-120.19B(3)(e) shall comply with the standards set forth in Article XXII: Off-Street Parking and Loading; 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 XIX: Signs 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 § 154-36D, in Chapter 154: Subdivision and Land Development. 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 § 154-40: Lighting of Chapter 154: 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 154: 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, § 154-36D(5).

(k) Design standards. The architectural design standards set forth in § 154-36.2: Design standards for developments in the Interchange Office, Retail, Service, and Recreation (IO-3) District shall apply.

Plan modifications. The Board of Supervisors may grant modifications from the specific requirements herein, and those of Chapter 154: Subdivision and Land Development, provided that the spirit and intent of this article and the statement of community development objectives contained in § 182-2: Community development objectives are observed and that the overall densities specified herein are maintained.

In the case of a conflict between the provisions of the RUG-3 regulations and those of the IO-3 district, or any other provision of the Zoning Ordinance or Subdivision and Land Development Ordinance, the provisions of the RUG-3 shall prevail.

(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 § 182-204: Procedure for consideration of conditional use application of the Zoning Ordinance and shall be accompanied by a traffic impact analysis consistent with the requirements of § 182-120E, a community impact analysis consistent with the requirements of § 182-120I, and a tentative sketch plan as required by the Subdivision and Land Development Ordinance, § 154-12: Preliminary plan. 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.

Plan modifications. The Board of Supervisors may grant modifications from the specific requirements herein, and those of Chapter 154: Subdivision and Land Development, provided that the spirit and intent of this article and the statement of community development objectives contained in § 182-2: Community development objectives are observed and that the overall densities specified herein are maintained.

In the case of a conflict between the provisions of the RUG-3 regulations and those of the IO-3 district, or any other provision of the Zoning Ordinance or Subdivision and Land Development Ordinance, the provisions of the RUG-3 shall prevail.

(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 XXIV: Administration and Enforcement, § 182-204: Procedure for consideration of conditional use application, 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:

[1] The completion of 80% of the physical construction of the dwelling units identified in Phase 1;
[2] Completion of parking, recreation amenities, and commercial or recreation facilities as identified as part of Phase 1 on the phase plan.

A. 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.

(a) Master plans shall be drawn to tentative sketch plan requirements, pursuant to § 154-11: Tentative sketch plan of Chapter 154: Subdivision and Land Development.
(b) The master plan shall also include the information required within § 154-12D 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.

(c) No-impact home-based businesses in accordance with the standards set forth in § 182-21.3: No-impact home-based businesses.
(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:

[1] Indoor or outdoor recreation facilities, clubhouse, or similar use limited to use by the residents of the residential buildings, including any hotel, by fences and gates.
[2] Common open space available to the general population.

(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.

B. Tract development requirements. The requirements in this section are applicable to any tract of land to be developed pursuant to this district and use group. 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 § 154-36: Planting, in Chapter 154: 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) 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.

Plan modifications. The Board of Supervisors may grant modifications from the specific requirements herein, and those of Chapter 154: Subdivision and Land Development, provided that the spirit and intent of this article and the statement of community development objectives contained in § 182-2: Community development objectives are observed and that the overall densities specified herein are maintained.

In the case of a conflict between the provisions of the RUG-3 regulations and those of the IO-3 district, or any other provision of the Zoning Ordinance or Subdivision and Land Development Ordinance, the provisions of the RUG-3 shall prevail.

District regulations of § 182-118: District regulations 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.

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.

See § 182-120.17C for a table of site development requirements for Both Use Group A and B.

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.

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.
C. Sign regulations shall be in accordance with the provisions of Article XIX: Signs of this chapter.
D. All development within all use groups proposed in this district must follow the design standards as established by the Township in § 154-36.2: Design standards for developments in the Interchange Office, Retail, Service, and Recreation (IO-3) District in the Subdivision and Land Development Ordinance.
E. Utilities. All utility lines (electrical, telephone, etc.) shall be placed underground.

1. The following regulations shall apply in the M-1 Office and Limited Industrial District.

A. General regulations. The following general regulations shall apply for any development proposal within the M-1 Office and Limited Industrial District:

(1) 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. The transfer of ownership to another applicant prior to the commencement of construction shall render the development agreement required in Subsection A(4) herein void. Said agreement shall then be renegotiable between the new owner(s) and the Board of Supervisors.
(2) Sewer and water facilities. The tract of land shall be served by public sewer facilities and water facilities deemed acceptable by the Board of Supervisors, upon recommendation of the Township Engineer.
(3) Development plan. The application for development shall be accompanied by a plan or plans showing the detailed use of the entire tract, which plan or plans also shall comply with all requirements of Chapter 154: Subdivision and Land Development, and other applicable ordinances. The plan shall clearly designate the proposed use(s) of each area of the tract.
(4) 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.

See § 182-111: Site development requirements for specific site development requirements for the M-1 District.

2. Other development regulations

The following additional development regulations shall apply for any development proposed in the M-1 Office and Limited Industrial District:

A. Utilities. All utility lines (electrical, telephone, etc.) shall be placed underground.
B. Signs. Advertising signs and billboards are permitted as special exception uses in the M-1 Office and Limited Industrial District. All signs in this district, including advertising signs and billboards, shall be subject to the requirements of Article XIX: Signs, of this chapter.
C. Access. Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the M-1 Office and Limited Industrial District development without causing undue confusion or interference with the normal traffic flow. The Township Planning Commission, with the advice of the Township Engineer, shall satisfy itself as to the adequacy of the thoroughfares and access points intended to accommodate the traffic generated by the proposed M-1 Office and Limited Industrial District development, as well as to the street frontage of the proposed development.
D. Lighting facilities. Lighting facilities shall be provided as needed and arranged in a manner which will protect the highway and neighboring properties from unreasonable glare or hazardous interference of any kind and shall be installed in accordance with the provisions of Chapter 154: Subdivision and Land Development, of the Code of the Township, § 154-40: Lighting.
E. Trash and refuse areas. Provision shall be made for the storage of trash, refuse and garbage either inside the building(s) or within a walled area outside the building(s). The walls of such trash and refuse areas must shield the trash and refuse from the direct view of any adjacent property and must be at least six feet in height.
F. Landscaped planting and buffer areas. Along a side or rear property line which is adjacent to a residential or institutional district, the owner shall place and maintain a Buffer Type 2 as described in § 154-36D(5) of Chapter 154: Subdivision and Land Development.
G. Off-street parking and loading facilities. All off-street parking facilities serving a proposed M-1 Office and Limited Industrial District development shall comply with the pertinent requirements of Article XXII: Off-Street Parking and Loading. All off-street loading facilities shall comply with § 182-182: Design requirements for industrial and commercial parking lots.
H. Minimum distance between buildings. The minimum distance between a building or group of buildings shall be 25 feet, except that all structures connected by common roof lines or covered walkways shall be considered as one building.

3. Plan submission requirements
All proposals for developments within the M-1 Office and Limited Industrial District shall comply with the pertinent requirements of Chapter 154: Subdivision and Land Development, concerning nonresidential developments.

Notwithstanding the applicable laws and regulations of the United States Environmental Protection Agency and the Pennsylvania Department of Environmental Protection, the following performance standards shall be used by the Board of Supervisors, Township Planning Commission and Township Engineer in reviewing the suitability and possible hazardous impacts of a proposed use within the M-1 Office and Limited Industrial District:
A. In determining whether a proposed use is or may become noxious, hazardous or offensive, the following standards shall apply. The proposed use may not:

(1) Constitute a nuisance or damage to health or any property by reason of dissemination of noxious, toxic or corrosive fumes, smoke, odor or dust in the immediately surrounding area or, in the case of an M-1 Office and Limited Industrial District, beyond the district boundary line.
(2) Result in noise or vibration clearly exceeding the average intensity of noise or vibration occurring from other causes at the property line or, in the case of an M-1 Office and Limited Industrial District, beyond the district boundary line.
(3) Endanger surrounding areas by reason of radiation, fire or explosion.
(4) Produce objectionable heat or glare beyond the property line or, in the case of an M-1 Office and Limited Industrial District, beyond the district boundary line.
(5) Result in electrical disturbance in nearby residences or adversely affect the operation of equipment other than on the property on which the disturbance is located.
(6) Discharge any untreated sewage or industrial waste into any stream or the Schuylkill River or otherwise contribute to the pollution of surface or underground waters.
(7) Endanger the underground water level or supply for other properties.
(8) Create an objectionable traffic condition on the highway or in an adjacent area or generate a nuisance to surrounding property by reason of truck traffic.
(9) Create any other objectionable condition in an adjoining area which will endanger public health and safety or be detrimental to the environmental quality of the surrounding area.

B. The applicant shall demonstrate to the Township Engineer that:

(1) The proposed use(s) will comply with the standards contained in Subsection A herein.
(2) Adequate provisions will be made to reduce and minimize any objectionable elements to the degree necessary to ensure that the proposed use(s) will not be noxious, hazardous or offensive as defined in Subsection A herein.
(3) The Township Engineer may require, in order to determine that adequate safeguards are provided, that:

(a) The applicant submit necessary information, impartial expert judgment and written assurances.
(b) The applicant obtain the advice of appropriate local, state and federal agencies and of private consultants.
(c) The applicant's proposed use(s) comply with such tests or provide such safeguards as are deemed necessary by the Board of Supervisors, upon the advice of the Township Engineer.

See § 182-125: Site development requirements table for site development requirements for the M-2 District.
1. Zero lot line development regulations. On those lots on which buildings may be constructed on the lot line wherein only one side yard is required pursuant to the minimum side yard provision contained in Subsection A herein, the following regulations shall apply:

(1) No building wall situated on a lot line shall contain windows, doors, loading areas or other openings.
(2) The roof shall not be drained toward a wall situated on a lot line.
(3) No building wall shall be placed on a side lot line unless access is provided onto the abutting property to allow for inspection, maintenance and repair to the building wall and foundation. Provision for access shall be guaranteed by irrevocable easement or other legal mechanism to the satisfaction of the Township Solicitor.
(4) Structures on abutting lots may be built along their common lot line, creating a party wall between the abutting uses.

2. Other development regulations.
The following additional development regulations shall apply for any development proposed in the M-2 Manufacturing Industrial District:
A. Utilities. All utility lines (electrical, telephone, etc.) shall be placed underground.
B. Signs. Advertising signs and billboards are permitted as special exception uses in the M-2 Industrial District. All signs in this district, including advertising signs and billboards, shall be subject to the requirements of Article XIX: Signs, of this chapter.
C. Access. Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the M-2 manufacturing industrial development without causing undue confusion or interference with the normal traffic flow. The Township Planning Commission, with the advice of the Township Engineer, shall satisfy itself as to the adequacy of the thoroughfares and access points intended to accommodate the traffic generated by the proposed M-2 manufacturing industrial development, as well as to the street frontage of the proposed development.
D. Lighting facilities. Lighting facilities shall be provided as needed and arranged in a manner which will protect the highway and neighboring properties from unreasonable glare or hazardous interference of any kind and shall be installed in accordance with the provisions of CChapter 154: Subdivision and Land Development, of the Code of the Township, § 154-40: Lighting.
E. Trash and refuse areas. Provision shall be made for the storage of trash, refuse and garbage either inside the building(s) or within a walled area outside the building(s). The walls of such trash and refuse area(s) must shield the trash and refuse from the direct view of any adjacent property and must be at least six feet in height.
F. Landscaped planting and buffer areas. Along a side or rear property line which is adjacent to a residential or institutional district, the owner shall place and maintain a Buffer Type 2 as described in § 154-36D(5) of Chapter 154: Subdivision and Land Development.
G. Off-street parking and loading facilities. All off-street parking facilities serving a proposed M-2 industrial development shall comply with the pertinent requirements of Article XXII: Off-Street Parking and Loading, hereof. All off-street loading facilities shall comply with § 182-184: Loading and unloading space.
H. Minimum distance between buildings. The minimum distance between a building or group of buildings shall be 25 feet, except that all structures connected by common roof lines or covered walkways shall be considered as one building.
3. Plan submission requirements.
All proposals for developments within the M-2 Industrial District shall comply with the pertinent requirements of Chapter 154: Subdivision and Land Development, concerning nonresidential developments.

General regulations. The following general regulations shall apply for any development proposal within the M-2 Manufacturing Industrial District:

(1) 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. The transfer of ownership to another applicant prior to the commencement of construction shall render the development agreement required in Subsection A(4) herein void. Said agreement shall then be renegotiable between the new owners and the Board of Supervisors.
(2) Sewer and water facilities. The tract of land shall be served by public sewer facilities and water facilities deemed acceptable by the Board of Supervisors, upon recommendation of the Township Engineer.
(3) Development plan. The application for development shall be accompanied by a plan or plans showing the detailed use of the entire tract, which plan or plans shall also comply with all requirements of Chapter 154: Subdivision and Land Development, and other applicable ordinances. The plan shall clearly designate the proposed use(s) of each area of the tract.
(4) 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.

 

A. Procedure.

(1) Conditional use application. Any conditional use application shall be processed in conformance with Article XXIV, § 182-204A, of this chapter.
(2) Public hearing. A public hearing shall be held in compliance with Article XXIV: Administration and Enforcement, § 182-204B, of this chapter.
(3) Development plan. If conditional use approval is granted for the use of a tract of land for a mobile home development, within three years after the date of conditional use approval, the development plan shall be submitted and then processed and acted upon by the normal procedures established in Chapter 154: Subdivision and Land Development, for all other subdivision and/or land development plans. If development plans are not submitted within the specified time period, the conditional approval is voided.

B. Criteria. A mobile home development may be allowed by the governing body as a conditional use in the R-3 Residential District only pursuant to the procedure specified in § 182-74A and subject to the following standards. The burden of proving compliance with these standards shall be on the applicant.

(1) The tract of land to be developed shall be in one ownership or shall be the subject of an application filed by the owners of the entire tract, and it shall be agreed that the tract shall be developed under single direction and in the manner approved.
(2) Any parcel to be used as a mobile home development must have a minimum tract area of 15 contiguous acres of land.
(3) At least 50% of the site must be composed of developable land as defined in this chapter.
(4) Any site proposed for a mobile home development shall not be subject to adverse environmental influence such as swamps, marshes, garbage or rubbish disposal areas or other potential breeding places for insects or rodents.
(5) Any site proposed for a mobile home development shall not be subject to any hazard or nuisance such as excessive noise, vibration, smoke, toxic matter, radiation, heat, odor or glare, as defined by the governing body and all appropriate ordinances.
(6) The location of all mobile home developments shall be protected by screening or other appropriate means against any undesirable off-site views or any adverse influence, such as heavy commercial or industrial use, heavy traffic or brightly lighted activities, from adjoining streets and areas.
(7) Mobile home developments shall not be located directly abutting conventionally built single-family detached housing or significantly different unit value and density than the proposed mobile homes, except where extensive natural buffering exists and will be retained or can be created so as to functionally and visually separate the two sites or where compatible units of modular or conventionally built homes will be located in the mobile home development adjacent to the existing residences. The developer shall provide any necessary transition between differing residential structural types, unit values and densities within the mobile home development tract.
(8) Any site proposed for a mobile home park shall, in the opinion of the governing body, be easily accessible to essential community facilities and services, such as employment centers, shopping centers, schools and police and fire protection.
(9) Every area to be used as mobile home park must be served exclusively by the municipal sanitary waste disposal system and a centralized water supply system, if those facilities are available within 2,500 feet of any point on the boundary of the mobile home park tract, and if each system is found to contain the available capacity to serve the proposed development, or, alternately, the area to be used as a mobile home development must, if it cannot connect to either or both the centralized water supply and municipal sanitary sewer systems, be served by a common single water supply system serving all dwelling units and other structures in the development and/or a common single sanitary sewer system doing likewise, either or both of which, as applicable, must have the approval of the Pennsylvania Department of Environmental Protection. Furthermore, those on-site facilities must, when constructed, meet the following criteria:

(a) The satellite system shall be designed and constructed in a manner that will permit adequate connection to the centralized or public system in the future.
(b) The administrative structure for the satellite system shall be organized in a manner that will facilitate easy interconnection of the two systems.
(c) The developer shall be required to show proof that the satellite system intended to serve the proposed development will not interfere with any existing sewage disposal system or any existing water supplies, be they wells for nearby properties or sources of water for other community systems.
(d) At such time as the centralized or public system is constructed to be within 2,500 feet of any point on the boundary of the mobile home park tract, connection to it shall be mandatory, and the cost of the eventual interconnection shall be borne by the developer or the organization that is set up to own and operate the satellite system.
(e) If after development occurs, the satellite water system is deemed to be the cause of interference with existing water supplies or the satellite sewer system is deemed to be the cause of any pollution, extension of the centralized or public systems may be required at that time. The cost of the extension and hookup shall be borne by the developer or organization owning and operating the satellite system.

(10) Any tract intended for a mobile home development must have direct access to a feeder road (or a road of a higher classification), as defined by Article IV: Ultimate Right-of-Way of Chapter 151: Streets and Sidewalks, which the Township governing body deems capable of accommodating the transport of mobile home units, upon recommendation of the Township Engineer. Plans evidencing the provision for safe and effective ingress and egress to and from the public streets and highways servicing the Mobile Home Development District, without causing undue confusion or interference with the normal traffic flow, shall be submitted to the Township governing body and must be approved by the Township Engineer, who shall make the determination based on the adequacy of the thoroughfare to carry the additional traffic generated by the mobile home development.
(11) The applicant shall demonstrate to the satisfaction of the municipal governing body that he has complied with or will comply with all requirements of Chapter 179 of Title 25, Part I, Subpart D, Article II, of the Rules and Regulations of the Pennsylvania Department of Environmental Protection and with all other pertinent regulations of the Commonwealth of Pennsylvania which are applicable to mobile home parks.

Mobile home developments are allowed only as a conditional use in the R-3 Residential District, provided that the tract to be used as a mobile home development meets the criteria specified in § 182-74B of this article. The uses which are permissible in a mobile home development are as follows:
A. Residential uses. A mobile home development may include mobile homes of single width or multiple width or both, single-family detached modular homes, conventionally built single-family detached homes or any combination thereof, but shall not include travel trailers or motor homes. No more than 40% of the total number of dwelling units in a mobile home development may be conventionally built or modular single-family detached dwellings. No mobile or modular home may be occupied before furnishing the Township a copy of the Structural Engineering Bulletin(s) indicating approval by the United States Department of Housing and Urban Development of the dwelling or the components of the dwelling.
B. Areas for nonresidential uses.

(1) No part of any mobile home development shall be used for nonresidential purposes, except such uses that are required for the direct servicing, recreation and well-being of the residents and for the management and maintenance of the development and are not otherwise prohibited by any provisions of this article; provided, however, that a convenience commercial center may be allowed by the governing body if no similar use exists or is actively proposed within one mile of the mobile home development by accessway available for use by the general public, and the applicant demonstrates to the governing body's satisfaction through a market study that such use is justifiable and will be supported primarily by the residents of the mobile home development; such market study shall be conducted using the standards outlined in § 182-89A. No such commercial center shall be opened until at least 50% of the dwelling units in the mobile home development are occupied. Signs, parking requirements and similar factors shall be controlled by the same regulations that apply to commercial uses located in other zones in the Township. In addition, the maximum number of residential dwelling units permitted on the tract shall be reduced by one for each 8,000 square feet of land or a part thereof devoted to the convenience commercial center.
(2) Nothing in this article shall be deemed as prohibiting the rental, sale or resale of a mobile home located on a mobile home stand and connected to the pertinent utilities. Similarly, a model or display area is permissible on a temporary basis provided those models are developed in accordance with all applicable regulations of this article and other applicable ordinances and the use of the models for sales or rental promotion ceases when the project is fully developed.

C. Accessory uses.

(1) Accessory uses and structures customarily incidental to the maintenance, servicing and well-being of mobile home development residents shall be permitted only as part of an approved development plan for the site.
(2) Accessory uses on individual mobile home lots, customarily incidental to mobile homes or other dwellings, such as storage sheds, shall be permitted on the individual mobile home lots, provided that the provisions of § 182-76: Site design for conventionally built and modular homes and § 182-77: Site design for mobile homes and other applicable ordinances are complied with.
(3) Added rooms specifically designed by the mobile home manufacturers for the enlargement of mobile homes and other additions architecturally compatible with the unit may be joined onto a mobile home, provided that all requirements of § 182-77: Site design for mobile homes and other applicable ordinances are met.

D. No-impact home-based businesses shall be permitted by right in an MH District in accordance with the standards set forth in § 182-21.3: No-impact home-based businesses.

A. Density and housing mix. The following shall apply to a mixed residential community:

(1) Housing density will be based on the following:

(a) For a development under the mixed residential community option, on a parcel with at least 900 feet of frontage on an arterial and collector road, and less than 30 developable acres, density shall be no more than four units per developable acre.
(b) For a development under the mixed residential community option, on a parcel with at least 1,000 feet of frontage on an arterial and collector road, and 30 developable acres or more, but less than 45 developable acres, density shall be no more than three units per developable acre.
(c) For a development under the mixed residential community option, on a parcel with at least 1,000 feet of frontage on a collector road, with 45 developable acres or more, overall density shall be no more than two units per developable acre.
(d) Density bonus. For a development under the mixed residential option with more than 60 developable acres, a minimum of 1,000 feet of frontage on both an arterial and collector road, density may be increased to three units per developable acre. Application of this density bonus will require an additional 10% of open space set aside, as required by Subsection J herein.

(2) Housing type and mix will be based on the following:

(a) For a development under the mixed residential community option, on a parcel with frontage on an arterial and collector road, and less than 20 developable acres, will be exclusively one type of dwelling unit; no mixture of those housing types outlined herein will be permitted.
(b) For a development under the mixed residential community option, on a parcel with frontage on an arterial road, and less than 30 developable acres, but more than 20 developable acres, 25% or more of the dwelling units must be single-family detached.
(c) For a development under the mixed residential community option, on a parcel with frontage on an arterial and/or collector road, and greater than 30 developable acres, 40% or more of the dwelling units must be single-family detached.
(d) Any single-family attached and two-family detached units must be within 1,500 feet of the ultimate right-of-way for the arterial road, as shown on the Township's Ultimate Right-of-Way Map, and have a clear roadway connection to that arterial road.

B. Perimeter tract setback from property lines and streets.

(1) Buildings shall have a minimum setback of 75 feet from the ultimate right-of-way line of an arterial or collector road, as defined in the Township's Ultimate Right-of-Way Map.
(2) Buildings that are single-family detached dwellings shall have a minimum setback of 50 feet from any other tract perimeter property line that does not abut another tract eligible for development as a mixed residential community under this article.
(3) Buildings that are not single-family detached dwellings shall have a minimum setback of 100 feet from any other tract perimeter property line that does not abut another tract eligible for development as a mixed residential community under this article.
(4) Buildings shall have a minimum setback of 25 feet from any tract perimeter property line that abuts another tract eligible for development as a mixed residential community under this article.

C. Lot size, width and yard regulations.

(1) Single-family detached dwellings.

(a) Minimum lot size: 12,500 square feet.
(b) Minimum lot width: 90 feet.
(c) Yard regulations shall be as follows:

[1] Minimum front yard: 30 feet.
[2] Minimum side yard, each: 10 feet, aggregate of 30 feet.
[3] Minimum rear yard: 30 feet.

(2) Two-family detached dwellings and single-family attached dwellings.

(a) The minimum distance between a building containing single-family attached dwellings or two-family detached dwellings and a single-family detached dwelling lot line shall be 35 feet.
(b) The minimum distance between buildings containing two-family detached dwellings or single-family attached dwellings shall be 25 feet.
(c) Two-family dwellings and single-family attached dwellings shall have a minimum setback of 25 feet from public road right-of-way within a mixed residential community and a minimum setback of 10 feet from internal private roads, driveways, common driveways, or alleys for the front, rear and sides of buildings containing such dwellings.
(d) Buildings containing two-family detached dwellings or single-family attached dwellings shall have a minimum setback of 15 feet from the edge of pavement for parking spaces that are either perpendicular or parallel to such buildings, excluding driveway spaces in front of garages, which shall have no setback. No parking shall be located closer than 30 feet to a tract boundary line or 50 feet to an external road right-of-way.

D. Height regulations. The maximum height of buildings shall be 35 feet. Accessory structures shall not exceed a height of 15 feet, except a community center, which shall not exceed a height of 35 feet.
E. Building coverage.

(1) Single-family detached dwellings. Any individual residential lot shall have a building coverage of not greater than 30%.
(2) Overall building coverage for the entire tract shall not exceed 25%.

F. Building length. The maximum length of a building containing dwellings shall not exceed 150 feet.
G. Parking regulations. Parking shall comply with the following requirements:

(1) For single-family detached dwellings, two-family detached dwellings, single-family attached dwellings: See § 182-179A.

H. Signs. Signs shall be permitted subject to the requirements of Article XIX: Signs of this chapter.
I. Access. Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving a Mixed Use Community without causing undue confusion or interference with the normal traffic flow. The Board of Supervisors shall satisfy itself concerning the adequacy of the adjacent thoroughfares to carry the additional traffic generated by the development as well as to the street frontage of the proposed development. Applicable PennDOT approvals and permits will be required for final plan approval as part of any subsequent land development reviews. Substantial completion of required access and frontage improvements prior to issuance of any certificates of occupancy is required. All development within the MRC shall interconnect with other MRC development through a mutually agreed street plan submitted at the time of conditional use application.
J. Recreation and open space. The developer shall provide open space areas suitable for the number of dwellings proposed, which may include passive areas or active recreational areas like playgrounds, tot-lots, and walking paths necessary for the convenience of the prospective residents. In this regard, a minimum of 20% of the developable acreage of the tract proposed for development pursuant to this article shall be set aside as open space. Where a community center or clubhouse is provided to serve the needs of the prospective residents as part of the open space area, the minimum open space required may be reduced to 60% of the required open space set aside as required herein. Such open space shall be governed by the provisions of Article IVA, Open Space and Recreational Facilities, of Chapter 154: Subdivision and Land Development of this Code, except that the requirement to first offer the open space for dedication to the Township for public use set forth in § 154-40.5: Ownership and maintenance provisions for open space lands shall not apply in a mixed residential community development.

(1) For all MRC developments, area defined as open space may not include areas less than 45 feet in width or land area within 10 feet of any building, community facility, or other accessory use.

K. Buffers.

(1) Tract buffer area requirements may be included within the required tract or yard setbacks. Along external street rights-of-way (the abutting collector and arterial roads), the required buffer shall meet the standards set forth in Chapter 154: Subdivision and Land Development of this Code, for a Buffer Type 2. At the Township Board of Supervisors' discretion, berming as required in the Buffer Type 2A may be required if berms are required to create a more opaque screen.
(2) Along all other tract perimeter property lines not abutting another tract eligible for development as a mixed residential community under this article, the required buffer shall meet the standards set forth in Chapter 154: Subdivision and Land Development of this Code for a Buffer Type 3.

L. Landscape planting. Landscaping shall be considered an integral part of any mixed residential community development, and shall follow the requirements of Chapter 154: Subdivision and Land Development of this Code, Subdivision and Land Development, § 154-36: Planting and § 154-36.1: Recommended planting lists.
M. 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, shall be installed by the applicant at its expense and shall be designed in accordance with the provisions of Chapter 154: Subdivision and Land Development, § 154-40: Lighting.
N. Common areas and facilities.

(1) The shared provision of certain facilities serving the entire MRC development, such as parking lots, interior pedestrianways, driveways, lighting facilities, landscape planting areas, buffers, open space and recreation facilities is encouraged. These may be located either on individual lots or in common areas. In all cases, 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 MRC development, and shall be maintained by the owner of the MRC Community, a homeowners' association or similar entity.
(2) Specifically, in regards to recreation facilities, if shared facilities are not provided, each individual development within the MRC options must provide recreational facilities such as a community center, exercise facility, playground or tot-lot, or pool. Other recreational facilities may be proposed and installed on approval from the Board of Supervisors.
(3) Those tracts with frontage on arterial roads, as defined herein, shall at the discretion of the Board of Supervisors set aside area for a future bus stop for mass transit, if there is not existing bus service to the tract.

O. Design standards. The following design standards shall apply to all MRCs. The Board may agree to vary these standards as part of the land development process if the applicant provides designs judged to be of equal or higher quality.

(1) All residences shall have consistent exterior wall treatments on all sides.
(2) Residences shall utilize facade ornamentation, varying building setbacks, differing windows, variations in rooflines, entry treatments, dormers, offsets, recesses and other similar devices to break or minimize the scale of residential buildings.
(3) The exterior of each residence shall be composed of dominant facing material, comprising 60% or more of the exterior elevation of that building. Dominant exterior materials may include any of the following: wood; brick; stone or stone veneer (cultured stone or equivalent); concrete masonry unit (CMU), but only as split face block or block molded with a textured surface; glass; stucco and synthetic stucco; and faux or synthetic finishes, elements or materials realistically simulating any of the foregoing.
(4) Dominant exterior building materials may not include any of the following: aluminum siding; vinyl siding (unless it qualifies under the preceding subsection); smooth-faced CMU; tilt-up concrete panels: and highly reflective or mirrored glass.
(5) All roofs shall have dimensional, architectural shingles with varying roof accents, including, where desired, standing seam metal roof accents.
(6) All residence doors facing the front of the residence shall be wood, wood-stained or faux wood finish.
(7) Each single-family attached or two-family detached dwelling shall have a variation of at least four feet in depth at least every three units or each 90 lineal feet, whichever is less.
(8) Sidewalks and walkways within the development shall utilize only the following options: concrete, with smooth trowel edging and broom finish; stamped or patterned concrete; unit/brick pavers; bluestone, flagstone or cobblestone; and/or asphalt (but only for fitness trails or trails located in open space areas. Designated crosswalks will be provided where sidewalks cross driveways and parking areas.

P. Trash stations. All trash containers serving multiple-dwelling units shall be screened by six-foot-high three-sided masonry enclosures, plus a six-foot-high solid metal operating gate to shield the trash container.
Q. 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 if it is determined that such areas are necessary for the operation of the use. Such area shall not occupy any required parking spaces, and shall be located at locations screened from view from public roads and surrounding properties to the extent feasible.
R. Plan modifications. The Board of Supervisors may grant modifications from the specific requirements herein, and those of Chapter 154: Subdivision and Land Development of this Code, provided that the spirit and intent of this article and the statement of community development objectives contained in § 182-2: Community development objectives are observed and that the overall densities specified herein are maintained.
See § 182-63.34: Prerequisites for mixed residential community development for the Mixed Residential Community Option.

A mixed residential community (MRC) may be permitted in the R-1 Residential District as a conditional use, provided that the tract proposed for such development meets the criteria specified in § 182-63.34: Prerequisites for mixed residential community development of this article and that the procedural requirements for conditional uses, set forth in § 182-204: Procedure for consideration of conditional use application of this chapter, are followed. A tentative sketch plan application meeting the requirements of Chapter 154 of this Code shall be required for any proposed mixed residential community development and shall be submitted as part of the conditional use application. Uses specifically permitted in a mixed residential community shall be the following:

A. Single-family detached dwellings.
B. Two-family detached dwellings and semidetached houses.
C. Single-family attached dwellings.
D. Common open space.
E. Accessory uses on the same lot or premises with and incidental to the other uses permitted in this article. In addition to accessory uses customarily incidental to a dwelling unit, appropriate accessory uses may be developed in conjunction with any of the uses in Subsections A through E herein, included but not limited to indoor or outdoor recreational facilities, community centers and other similar uses; provided, however, that none is intended as an independent freestanding use.
F. No-impact home-based businesses in accordance with the standards set forth in § 182-21.3: No-impact home-based businesses.

1. The following regulations shall apply in the NC Neighborhood-Convenience Commercial District:

A. General regulations. The following general regulations shall apply for any development proposal within the NC Neighborhood-Convenience Commercial District:

(1) 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. The tract of ground proposed for development shall not be divided by a public or private road or other major physical feature which prevents unity of the development. The transfer of ownership prior to the commencement of construction shall render the development agreement required in Subsection A(4) herein void. Said agreement shall then be renegotiable between the new owners and the Board of Supervisors.
(2) 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.
(3) Development plan. The application for development shall be accompanied by a plan or plans showing the detailed use of the entire tract, which plan or plans shall also comply with all requirements of Chapter 154: Subdivision and Land Development, and other applicable ordinances. The plan shall clearly designate the proposed use(s) of each area of the tract.
(4) 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.
(5) Market area study and neighborhood impact analysis. Any request for a rezoning to this district shall be accompanied by a market area study and neighborhood impact analysis (See § 182-89: Contents of market area study and neighborhood impact analysis.) prepared by a qualified professional(s). The purposes of these studies are to:

(a) Ensure that the proposed development will be supported by the existing and expected population growth in the neighborhood in question.
(b) Ensure that the proposed development will not be in conflict with existing and planned commercial facilities in the immediate neighborhood, the Township and in adjacent municipalities, if applicable.
(c) Ensure that the proposed development will be compatible with the existing and planned character of the neighborhood in question.

(6) Any application for development in the NC Commercial District or for any request for rezoning to this district shall be accompanied by a traffic impact study prepared by a qualified professional traffic engineer or transportation planner and shall be prepared in accordance with the requirements outlined in § 182-120E of this chapter; provided, however, that for uses which are proposed to contain less than 10,000 square feet of gross floor area and which are projected to generate less than 100 peak-hour trips in either the morning or afternoon peak hour, the Township may permit the applicant to limit its traffic impact study to an analysis of the proposed driveway(s), which shall consider, at a minimum, the location, configuration and traffic expected to use the driveway(s) at the time of highest peak-hour demand. Additional information may be required at the discretion of the Township.

See § 182-87B for specific site development requirements for the NC District.
C. Other development regulations. The following development regulations shall be followed for all proposed development within the NC District:

(1) Utilities. All utility lines (electrical, telephone, etc.) shall be placed underground.
(2) Signs. All signs in the NC District shall be subject to the requirements of Article XIX: Signs of this chapter.
(3) Access. Provisions shall be made for safe and efficient ingress and egress to and from public streets and highways serving the NC district development without causing undue confusion or interference with the normal traffic flow. The Planning Commission shall satisfy itself concerning the adequacy of the thoroughfares and access points intended to accommodate the traffic generated by the proposed NC District development, as well as the street frontage of the proposed development.
(4) Lighting facilities. Lighting facilities shall be provided as needed and arranged in a manner which will protect the highway and neighboring properties from unreasonable glare or hazardous interference of any kind and shall be installed in accordance with the provisions of Article XIX: Signs of Chapter 154: Subdivision and Land Development, of the Code of the Township.

(a) Light fixtures within 250 feet of any residentially zoned or used property may not exceed 16 feet in height.

(5) Landscaped planting. Shade trees in accordance with § 154-36C of Chapter 154: Subdivision and Land Development, and other plantings shall be provided along any street frontage occupied by an NC District development.

(a) Buffer requirements.

[1] When abutting a residentially zoned property, a Buffer Type 3 is required. [See § 154-36D(5), Chapter 154: Subdivision and Land Development, for specific planting requirements
[2] In any side yard or rear yard, when not abutting a residentially zoned property, a Buffer Type 1 is required.
[3] If the development is proposing shared parking, as detailed in Subsection C(9), herein, any intervening islands or green areas are not required to have the Buffer Type 1; however, the shade tree requirement and other parking lot landscaping detailed in § 154-36E of Chapter 154: Subdivision and Land Development, are still required.

(6) Trash and refuse areas. The design of buildings in the NC District shall include either a provision for the storage of trash, refuse and garbage inside the building(s) or within a masonry-walled area outside the building(s). The walls of such a trash and refuse area must shield the trash and refuse from the direct view of any adjacent property and must be at least six feet high.
(7) Amenity areas. The developer shall be encouraged to provide amenity areas for community or client use, such as tot lots, playgrounds, benches, sitting areas and other services necessary for the comfort and convenience of the prospective users of the NC District development.
(8) Off-street parking and loading facilities. All off-street parking and loading facilities shall comply with the requirements of Article XXII: Off-Street Parking and Loading of this chapter except as stated in this section. For any development in this zoning district with more than three acres of net tract area, parking may be provided at a ratio of 4.5 spaces per 1,000 square feet of gross floor area; provided, however, the Township reserves the right to require additional parking if certain uses known to generate higher parking needs are proposed in the center. In no case shall the parking required exceed the aggregate number of spaces which would otherwise be required by applying the individual standards in Article XXII: Off-Street Parking and Loading to each of the uses in the center.
(9) Shared parking. To lessen impervious coverage and improve traffic flow, shared parking is encouraged in all NC developments.

(a) Applications for use of shared parking are encouraged in the NC District. In those instances wherein shared parking is proposed, the requirements of § 182-181: Reduction of requirements by special exception of this chapter shall apply; provided, however, that a special exception need not be secured. Adequate documentation to substantiate a reduction in the parking shall be submitted with an applicant's subdivision and/or land development application for review and approval by the Township based upon the recommendation of the Township Engineer and Traffic Consultant. In addition, proper cross easement agreements and liability indemnification shall be provided to the satisfaction of the Township Solicitor.
(b) For those applications for shared parking, the individual lots may increase their impervious coverage an additional 5% above the maximum permitted in § 182-87B(5). In addition, adjoining lots may aggregate the impervious coverage as though there were no lot lines. Impervious coverage may be exceeded for an individual lot as long as the maximum allowable is not exceeded for the aggregated lots.

(10) Any building or groups of buildings shall reflect the existing character of the residential nature of this area and shall follow the design guidelines in § 154-36.3: Design guidelines for select commercial developments of Chapter 154: Subdivision and Land Development.
(11) Parcels which provide lot area and construct an internal accessway, independent of parking, for public use within the parcel may increase impervious coverage by 5% above that which is permitted.

2. Plan submission requirements
All proposals for development within the NC District shall comply with the pertinent requirements of Chapter 154: Subdivision and Land Development, concerning nonresidential developments. In addition to those requirements, architectural renderings or elevations of all facades must be submitted with the land development application for any applications for development in the NC District.
3. Preservation of existing buildings
The retention of existing residential buildings in the NC District for reuse in accordance with the provisions of the district is encouraged. In instances where this is done, the applicable building coverage requirement in § 182-87B may be increased up to 10% and the applicable impervious coverage in that section may be increased up to 5%; provided, however, that the following requirements are met:

A. At least 80% of the building must be retained to qualify for the increased coverage offered by this section.
B. Any building which faces a public street(s) shall not be expanded toward that street(s), except for the addition of a front porch consistent in architectural style to the existing building. All applicable setback requirements for the porch shall be met.
C. Expansion may be permitted to the side or rear of the building, provided that any expansion to the side begins a minimum of 10 feet back from the front of the building, and further provided that all applicable setback requirements shall be met.
D. The design of any building expansion and the proposed roofline shall be architecturally compatible with the existing building.

4. Special regulations for split properties
Lots located in the NC District which are split by a district boundary line with an abutting residential district shall be permitted to transfer certain development rights, when authorized as a conditional use by the Board of Supervisors, from the other zoning district into the NC District on the same lot, provided that the following criteria are met:

A. For each acre or portion thereof which is deed restricted for open space, an area equal to 20% building coverage and 50% impervious coverage of the area deed restricted may be transferred and added to the NC District portion; provided, however, that in no event shall the resulting building coverage exceed 30%, nor shall the impervious coverage exceed 90% on the portion of the lot zoned NC.
B. All other setback and development requirements shall be adhered to.

5. Change of use
Whenever there is a change of use in the NC District which requires additional parking to be provided, a land development plan shall be submitted to the Township for approval in accordance with the requirements of Chapter 154: Subdivision and Land Development.

1. Contents of market area study and neighborhood impact analysis.
The following minimum information shall be contained in a market area study and neighborhood impact analysis:

A. Market area study:

(1) A description of the commercial establishment(s) proposed, the approximate number of employees anticipated for each establishment and the sales volumes anticipated for each establishment.
(2) A delineation of the proposed neighborhood market area.
(3) An estimate of the population and number of households existing now and anticipated in the future within the defined neighborhood market area.
(4) Per capita or household estimates of the demand for the goods and services proposed for the development and estimates of the total existing and anticipated demand within the defined neighborhood market area for each proposed good and service.
(5) The location and size of commercial establishments within or near the defined neighborhood market area that could compete with the proposed development.
(6) Estimates of net customer buying power or net demand for each commercial establishment in the proposed development.
(7) The market impact shall include a fiscal impact component which must detail the immediate postconstruction financial benefit or loss to the Township, school district and county that can be expected from the proposed development.

(a) At the discretion of the Board of Supervisors, it may be required that the fiscal impact provide a five-year detail of financial benefit or loss to the Township, school district and county.

B. Neighborhood impact analysis:

(1) The conformance of the proposed development with the Comprehensive Plan of Upper Providence Township and its compatibility with existing and proposed land uses adjacent to the site.
(2) The impact on any existing floodplains, heavily wooded areas, rock outcroppings, steep slopes and other sensitive natural features, if any.
(3) The impact on the Township and regional transportation system and the ability of adjacent streets and intersections to efficiently and safely handle the traffic generated by the proposed development.
(4) The impact on public utilities, including but not limited to sewage disposal, garbage and rubbish disposal, water supply, storm drainage and electrical utilities.
(5) The impact on the provision of police and fire protection for the proposed development.
(6) The impact upon the character of the surrounding neighborhood. The applicant must show that the proposed development will not adversely affect the neighborhood by reason of noise, odors, smoke, glare or vibration.

2. Evaluation of market area study and neighborhood impact analysis.

The market area study and neighborhood impact analysis required in § 182-87A(5) shall be evaluated to determine the appropriateness of the site in question to accommodate the magnitude of commercial development proposed, as well as the impact of the proposed development on the community facilities and services of Upper Providence Township. The following alternative findings shall result from the evaluation process:

A. Evaluations which lead to an overall negative assessment for a proposed development shall lead to a denial by the Board.
B. Evaluations which lead to an overall negative assessment for a proposed development may lead to a conditional approval by the Board, either when the developer agrees to undertake activities or improvements which will compensate or correct deficiencies or negative impacts caused by the implementation of the proposed development or when the developer agrees to implement the proposed development at a reduced square footage of gross leasable area, as specified by the Board.
C. Evaluations which lead to an overall positive or neutral assessment for a proposed development shall lead to an approval by the Board.

1. Continuation.
Lawful uses located either within a building or other structure, or part thereof, or on the land or in combination of both which, at the effective date of this chapter or subsequent amendment thereto, become nonconforming may be continued so long as they remain otherwise lawful, including subsequent sales of the property.
2. Alteration or enlargement.

A. No structural alterations or additions or enlargements of any nonconforming building, structure or land will be permitted which would violate the side, front or rear yard setback lines or building coverage of the zone in which the building, structure or land is located, provided that in residential zones where there is a nonconforming use as to side, front or rear yard setback line, a permissible alteration or addition may be built on the line with the existing side, front or rear nonconforming building line, respectively, except that a violation of a setback line not previously violated shall not be permitted.
B. No nonconforming building or structure shall be moved in whole or in part to another location on the lot unless every portion of said building or structure is made to conform to all the regulations of the district in which it is located.
C. Notwithstanding the requirements of Subsection A of this section, an existing nonconforming building, structure or use may be expanded or extended when authorized as a special exception by the Zoning Hearing Board, up to a total maximum of 50% of the area devoted to the use as of the effective date of this chapter or subsequent amendment thereto at which time the use became nonconforming. The "area devoted to the use" shall mean the total of the gross floor area and, for any portions of the use not conducted in a building, the lot area actually utilized in connection with the nonconforming use; provided, further, that any expansion shall be limited to the lot on which the building, structure or use is located, as that lot was defined when the building, structure or use became nonconforming.

3. Discontinuance.
If a nonconforming use of land or a building ceases operations for a continuous period of more than one year, then this shall be deemed to be an intent to abandon such use and any subsequent use of land shall conform to the regulations of this chapter.
4. Change in use.
A nonconforming building or structure (e.g., residential use of a commercial building) shall not be changed except to a conforming use or to another nonconforming use as a special exception, with the approval of the Zoning Hearing Board, upon a finding that the new use is the same or of a more restrictive nature than the existing nonconforming use. If an existing nonconforming use is discontinued as defined in § 182-174: Discontinuance of this chapter or changed to a conforming use, future use of such building, structure or portion shall be in conformity with the regulations of this chapter.
5. Damage or destruction.
A. In the event that a nonconforming use in any district is destroyed or partially destroyed by fire, explosion or other cause or otherwise damaged either to the extent of two or more times its assessed valuation (as determined from the assessment rolls effective at the date of damage or destruction) or 1/2 the bulk of all buildings, structures or other improvements on the lot, such nonconforming uses shall terminate and the lot shall thereafter be used only for conforming uses.
B. In any case, whether conforming or nonconforming, the remains of any building so destroyed must be removed from the premises within six calendar months so that the same shall not remain as a nuisance thereon.
6. Nonconforming lots of record.
Any lot of public record not otherwise restricted from development in single and separate ownership at the time of enactment of this chapter or applicable amendment thereto which does not meet the minimum area or lot width requirements of the district in which it is located shall be considered a nonconforming lot. Said lot may be developed consistent with the use and dimensional standards of the district in which it is located, provided that if any setback standards cannot be met, the applicant shall apply to the Zoning Hearing Board for request of the necessary variance(s). Provided further, however, that if the area of the lot in question is less than 50% of the required minimum for the district in which it is located and if two or more lots with continuous frontage in a single ownership are of record at the time of passage or applicable amendment of this chapter, the land shall be considered an undivided parcel and shall be combined and redefined in such a way as to meet the requirements of this chapter to the maximum possible extent.
7. Registration of nonconforming uses, buildings, lots and signs.
In order to administer this chapter, the Zoning Officer shall prepare a complete list of all nonconforming uses, buildings, lots and signs in existence in the Township.

A. When recreation and open space amenities are required to be dedicated as part of the land development process, off-site parcels may be proposed to the Township in lieu of that dedication. Acceptance and permission for this option is wholly at the discretion of the Township's Board of Supervisors, and must conform to the following:

(1) Properties off site offered for dedication in lieu of on-site recreation and open space amenities shall be a single lot, or a contiguous collection of parcels wholly owned by the owner/developer of the initial development parcel.
(2) Any proposed land offered in lieu of on-site requirements shall be governed by the provisions of Article IVA, Open Space and Recreational Facilities, Chapter 154: Subdivision and Land Development.
(3) Any proposed land offered in lieu of on-site amenities must be offered to Upper Providence Township for dedication. Acceptance of the dedicated property is wholly at the discretion of the Board of Supervisors; if the dedication is not accepted by the Township, the use of this provision is not permitted. Preference will be given to those properties identified for preservation in the 2006 Open Space and Environmental Protection Plan and 2010 Comprehensive Plan.

1. Required off-street parking facilities.
Any building or other structure erected, altered or used and any lot used or occupied for any of the following purposes shall be provided with minimum off-street parking spaces as set forth below, together with adequate passageways, driveways or other means of circulation and access to and from a street, alley or way.

A. Dwellings.

(1) For single-family detached homes, two all-weather parking spaces per dwelling unit on the lot therewith, except that where a home occupation is carried on, there shall be four such spaces. Said requirement shall apply to any dwelling type in which a home occupation is located. Further, provided, that if there is one nonresident employee as provided for in the definition of "home occupation" in § 182-24: Terms defined, there shall be one additional parking space provided.
(2) For two-family homes, two all-weather parking spaces per dwelling unit on the lot therewith.
(3) For townhouses and garden apartments, two all-weather parking spaces per dwelling unit, subject to the parking provisions of the pertinent articles of this chapter, as specified herein.
(4) For a rooming house, two all-weather parking spaces plus one additional parking space for each room for rent, on the same lot therewith or on land adjacent thereto.

B. Other uses. Off-street parking spaces with proper access from a street or alley shall be provided in the amounts indicated below, on or near any lot on which the following types of uses are hereafter established. Nothing in this subsection shall be constructed to prevent the establishment of joint parking facilities for two or more uses.

(1) For any of the following primary uses, the required parking spaces shall be all-weather and shall be located on the same lot therewith:

(a) A church, school, public auditorium, assembly or meeting room or similar place of public or private assembly: one space for each four seats or stacked chairs available for assembly; for elementary schools, one space for each six seats.
(b) A stadium: one space for every four seats.
(c) A hospital: one space for every four beds, plus one space for every employee on the largest work shift.
(d) A community center, library or other similar place: one space for every 800 square feet of floor area in public use.
(e) An institutional home: one space for every 10 occupants, plus one space for each employee on the largest work shift.
(f) A club: one space for each employee on the largest work shift, plus one space for each 150 square feet of gross floor area in public use.
(g) A day-care center: one space for every 10 children of designed capacity, plus one space for every employee. In addition, at least one space for every 15 children of designed capacity shall be provided for child drop-off; required parking may be used to meet this requirement if the drop-off does not require crossing a street or driveway to reach the entry door.
(h) A museum: one space for every 800 square feet of floor area where visitors are able to walk unrestricted and the travel path of any motorized vehicle used for touring.

(2) For any of the following primary uses, the required parking space shall be all-weather and shall be paved, and such parking spaces shall be located on the same lot therewith:

(a) A retail store or shop: one space for each 100 square feet of gross floor area.
(b) A department store or supermarket: one space for each 60 square feet of gross floor area.
(c) An indoor theater: one space for every four seats, plus one space for each employee on the largest work shift.
(d) A bowling alley or similar recreational establishment: one space for every four seats, plus one space for each employee on the largest work shift.
(e) Hotel, motel, or tourist home: 1 1/4 spaces for each rental unit. Hotels within a master-planned office park may request a reduction of parking to a ratio of one space per each rental unit as a conditional use. That conditional use shall be compliant with the following:

[1] Any food service must primarily serve hotel patrons; hotels requesting this conditional use may not include a full-service restaurant open and advertised to the public.
[2] Hotels requesting the conditional use must demonstrate that any meeting rooms or other gathering spaces are predominately used at times that do coincide with overnight guest parking.

(f) An office building: one space for each 200 square feet of gross floor area.
(g) A restaurant, cafe or tearoom: one space for each four seats provided, plus one space for each employee on the largest work shift.
(h) A laboratory, industrial establishments or other commercial buildings: one space for each employee on the largest work shift, plus an additional 10% which additional amount shall not be less than two additional spaces. Additional parking areas as determined by § 182-180: Parking reserve areas below shall also be constructed.
(i) Open areas used for commercial purposes: the number of spaces to be determined by the use, as set forth above, to which the ground is devoted.
(j) Office park: one space for each 285 square feet of gross floor area.
(k) A self-service storage facility: one space for each employee on the largest work shift, plus 1.5 spaces for each 100 self-storage units.

2. Parking reserve areas.
The total number of parking spaces required by § 182-179: Required off-street parking facilities shall be clearly set forth and labeled as such on the development, subdivision or other plan required to be filed by the landowner or developer with the Township before the issuance of a building permit or certificate of occupancy. However, the number of spaces required to be constructed by this chapter may be reduced and the land area equal to the reduction shall be denoted "Parking Reserve Area." Said reduction may be accomplished only upon full compliance with each of the following conditions:

A. The landowner or developer shall certify that the parking needs for the use to which the lot or property is to be devoted are less than those required by the terms of this chapter.
B. The Township Engineer shall concur with and approve the certification that a lesser number of parking spaces is sufficient.
C. The parking reserve area created by such reduction shall be clearly set forth and labeled as such on the development, subdivision or other plan required to be filed with the Township.
D. The parking reserve area so created shall be utilized as open space and shall be maintained by the owner or owners of the proposed development.
E. The parking reserve area shall be converted to a parking area at such time when the landowner or developer further certifies that the need to use such reserve area for parking has arisen or when the Township Engineer, upon review and inspection of the premises in question, certifies to such fact. Such reserve area shall be paved pursuant to the applicable ordinance and regulations immediately after certification and shall be completed within the time set forth by the Township.

3. Reduction of requirements by special exception.
The parking spaces required herein may be located elsewhere than on the same lot when authorized as a special exception, subject to the following conditions:

A. That the owners of two or more establishments shall submit with their application for special exception a site plan showing joint use and location of a common off-street parking area.
B. That some portion of the common off-street parking area lies within 200 feet of an entrance regularly used by patrons into the buildings served thereby.
C. That the Zoning Hearing Board may, in its discretion, reduce the aggregate amount of required space upon determination that greater efficiency is affected by joint use of a common parking area, but in no case shall the ratio of total off-street parking area to total sales floor area be reduced by more than 25%.

4. Design requirements for industrial and commercial parking lots.
All parking lots in industrial or commercial districts shall be operated and maintained in accordance with all of the following conditions:

A. They shall not be used for the sale, repair or dismantling of any vehicles, equipment, materials or supplies.
B. They shall be properly graded for drainage, surfaced with concrete, asphaltic concrete, asphalt, oil or any dust-free surfacing and maintained in good condition, free of weeds, dust, trash or debris.
C. They shall be provided with entrances and exits so located as to minimize traffic congestion and the effect of headlight glare.
D. They shall be provided with steel or bumper guards so located and arranged that no part of any parked vehicles will extend beyond the boundaries of the parking lot.
E. Lighting facilities shall be so arranged that they neither unreasonably nor unnecessarily disturb occupants of adjacent residential properties nor interfere with traffic by either location or glare and shall be installed in accordance with the provisions of Chapter 154: Subdivision and Land Development, of the Code of the Township, § 154-40: Lighting.
F. A planting strip shall be provided along each property line which is opposite or adjacent to a residential district, on which shall be planted hedges, evergreens or other suitable shrubbery so arranged as to minimize noise, glare and dust from all parking facilities.
G. There shall be no more than one attendant shelter building containing not more than 50 feet of gross floor area and set in a distance of not less than 20 feet from any boundary of the parking lot which abuts a residential district.

5. Reduction of facilities.
Off-street parking facilities existing at the effective date of this chapter shall not subsequently be reduced to an amount less than required hereunder for a similar new building or new use. Off-street parking facilities provided to comply with the provisions of this chapter shall not subsequently be reduced below the requirements of this chapter.
6. Loading and unloading space.
At least one permanently maintained off-street loading and unloading space shall be provided for each building on which a commercial, office, or manufacturing use is hereafter established, provided that:

A. This requirement shall not be mandatory for uses which have a total floor area of 3,000 square feet or less; however, those uses shall still be required to provide enough area for a standard delivery (i.e., postal service, Federal Express/UPS) to turn around.
B. This requirement may be waived when authorized as a special exception by the Zoning Hearing Board in any case where the unreasonableness of this regulation is clearly demonstrated.
C. Shared loading and unloading space. For professional office uses and other similar uses with shared parking areas, as permitted within this chapter, a shared loading and unloading space providing service to those businesses sharing the parking may be authorized at the discretion of the Board of Supervisors.

The following general regulations shall apply in the OSC Open Space Conservation District:
A. Area and width. No specific lot area or lot width shall be required in the OSC District. However, adequate area shall be provided to meet all other requirements of this district and sufficient width to allow safe access/egress shall be provided, subject to the review and approval of the Township Engineer and/or the Pennsylvania Department of Transportation, depending upon the jurisdiction of the road(s) upon which a lot in the district abuts.
B. Height. The height for principal and accessory structures shall be governed by the provisions of § 182-42: Height regulations of this chapter. In addition, the height for communications towers shall be governed by the requirements contained in § 182-21.1: Wireless communications facilities of this chapter, should said use be approved as a conditional use.
C. Building coverage. The maximum building coverage on any lot in the OSC District shall be 5%.
D. Impervious coverage. The maximum impervious coverage on any lot in the OSC District shall be 10%.
E. Parking. Any parking necessary to serve any of the permitted or conditional uses in this District shall be provided in accordance with the regulations of Article XXII: Off-Street Parking and Loading of this chapter. Wherever practical, gravel or other all-weather porous pavement treatments shall be utilized in this District. Handicapped parking shall be paved.
F. Setbacks and buffers. Setbacks and buffers for any buildings associated with a permitted use, and for parking associated with a permitted or conditional use, shall be provided as prescribed in § 182-81F of this chapter.
See § 182-38.4: Standards for conditional use approval in the OSC District. 

A. Density. The maximum number of dwelling units which may be permitted in a development pursuant to this article may be increased to a number which is no more than 50% greater than that which would be permitted under traditional design in the R-1 District. In order to compute the number of dwelling units which would be permitted by traditional design, the applicant shall provide a yield plan drawn in accordance with the flexible lotting provisions in the R-1 District, as stipulated in § 182-44G of this chapter; said yield plan shall be drawn to comply with the open space requirement in § 182-43: Recreation and open space amenities herein.
B. Lot size, width and yard regulations. In order to allow the maximum flexibility in site design and to provide maximum open space preservation, lots may be reduced to a minimum of 12,000 square feet; provided, however, that at least 50% of the total number of lots in an OSR development shall have a minimum lot area of 15,000 square feet. Minimum lot width and yard regulations for all lots in this district shall be the same as those prescribed for fifteen-thousand-square-foot lots in the R-2 District as contained in § 182-47B of this chapter.
C. Access restriction. No dwelling unit within the open space residential community may take access directly from any road with a feeder or higher classification, regardless of whether said road is existing or proposed. All dwelling units shall gain access from residential roads, internal access roads, drives, courts or similar arrangements.
D. Public road setbacks. A minimum setback of 250 feet shall be required from the nearest residential lot line to the ultimate right-of-way of any existing frontage roadway or proposed public road of collector or higher classification. A minimum setback of 100 feet shall be required from the nearest residential lot line to the ultimate right-of-way of any existing frontage roadway or proposed public road of feeder classification. These setback areas or portions thereof may be within individual residential lots, provided the applicable building setback (dependent upon lot orientation) is measured from the point at which the applicable lot line setback is established, in accordance with the aforementioned requirements of this subsection; provided, however, that these setbacks may be considered as a portion of the required open space as set forth in Subsection E of this section and shall adhere to the requirements therein.
E. Open space. A minimum of 40% of the gross tract area of any development proposed pursuant to this article shall be in open space and/or parkland, exclusive of the cumulative area required for the residential lots proposed. A minimum of 50% of the required open space shall be available, at a minimum, to all residents of the development, or alternatively, all or a portion of the common open space may be made available to the public at large. Prior to determining the ownership of the required open space, the applicant shall offer, at a minimum, the aforementioned 50% portion of it for dedication to the Township. In deciding whether or not to accept any public open space, the Board of Supervisors shall obtain the recommendation of the Parks and Recreation Commission. In addition, all applicable provisions of Article IVA, Open Space and Recreational Facilities, of Chapter 154, Subdivision and Land Development, shall apply, except as may be modified in Subsection F below. Any open space or required setback area pursuant to Subsection D of this section, which is provided on individual residential lots, shall be deed restricted to prohibit any structural development and so as to be maintained exclusively as open space and landscaped area. Such areas, as well as all common open space areas not dedicated to the Township, shall be managed by a homeowner's association, legally recognized conservation organization or other group as approved by the Township.
F. Phasing. Any land to be dedicated to the Township as parkland shall be so dedicated prior to approval of the final plan for the first phase. No more than 50% of the approved dwelling units shall be built until such time as improvements are implemented, as approved by the Township, in any proposed public park area. Financial security must be provided for said improvements at such time if the installation of actual improvements is to be deferred to a later date. As an alternative to installation and/or financial security for park improvements, a fee in lieu thereof may be paid, in accordance with the following:

(1) With the approval of the Board of Supervisors, the applicant may provide a fee in lieu of constructing park improvements which would otherwise be required in accordance with Article IVA, Open Space and Recreational Facilities, of Chapter 154: Subdivision and Land Development.
(2) The fee applicable to the number of dwelling units in any phase, in an amount as prescribed by the Township, shall be paid prior to final plan approval for that phase.
(3) Any lighting, signage and parking improvements, as would otherwise be required for parkland in accordance with Subsections J, K, and L of this section, need not be installed in the event that a fee in lieu of improvements is paid.

G. Height regulations. The maximum height for all buildings shall be prescribed in the R-1 District.
H. Building coverage. The maximum building coverage on any individual residential lot shall be 20%.
I. Utilities. All proposed utility lines (electrical, telephone, cable television, etc.) within an open space residential community shall be placed underground in accordance with the requirements of Chapter 154: Subdivision and Land Development, of the Code of the Township, § 154-28D.
J. Lighting. Streetlighting for the residential areas shall be provided in accordance with the requirements of Chapter 154, Subdivision and Land Development, of the Code of the Township, § 154-40: Lighting.. Lighting for open space, park areas or related parking areas shall be provided as needed and arranged in a manner which protects the existing frontage roads and neighboring properties from direct glare or hazardous interference of any kind. Lighting shall also be arranged to avoid direct glare into the proposed residences.
K. Signs. All signage to be installed in any location within an open space residential community shall comply with all requirements for residential signs, as stipulated in Article XIX: Signs of this chapter. The following additional sign regulations shall govern:

(1) For any section of the community which has a separate identity that will distinguish it from other sections, one identification sign with the name of that section may be permitted at the main entrance to that section, the total area of which cannot exceed 25 square feet. One additional identification sign may be permitted at a secondary entrance, with an area not to exceed 15 square feet. No identification sign for any residential section shall have a sign height exceeding 12 feet.
(2) Any recreational uses may be identified with separate identification signs. No more than one sign shall identify any major recreational use (such as but not limited to swimming pool, tennis court area, etc.). Such signs shall not exceed an area of 35 square feet, nor have a sign height exceeding 15 feet. In addition, incidental directional and street signs within the community directing residents to various facilities may be permitted, provided that they are internalized within the development and not seen from existing frontage roads.

L. Parking. Parking requirements in the OSR District shall be as follows:

(1) For the residents of each dwelling unit, parking shall be as required in § 182-179A(1) of this chapter.
(2) Parking for any proposed public parkland shall be provided in number sufficient to service the proposed uses and facilities in the park area. Sufficient information shall be provided within the applicant's community impact and traffic impact reports to enable the Township to determine the appropriate number of parking spaces.
(3) Parking lot landscaping shall be required and shall follow the requirements contained in § 154-36: Planting of Chapter 154, Subdivision and Land Development.
(4) When conditions warrant, the use of reserve parking is encouraged. The requirements of § 182-180: Parking reserve areas of this chapter shall be applicable.
(5) All other applicable requirements for off-street parking as contained in Article XXII shall be enforced in an open space residential development.

M. Additional development regulations. The following additional regulation(s) shall be applicable to an open space residential community, in recognition of the unique type of development which it represents, wherein the Township believes such regulation(s) to be adequate, based upon review and recommendation of the Township Engineer.

(1) Concrete rolled curb may be installed on private interior roads, in lieu of the stand-up curbing required in Chapter 154: Subdivision and Land Development.
(2) Secured or "gated" road entrances to the development may be permitted.
(3) Private culs-de-sac or courtyards may be permitted which exceed the maximum permitted length as stipulated in Chapter 154: Subdivision and Land Development of this Code, as long as emergency access, as may be required by the Township, is provided.
(4) Sidewalks, as normally installed in conformance with the requirements of Chapter 154: Subdivision and Land Development of the Township Code, may be eliminated in portions of the community when they are replaced with a pedestrian walkway system, as provided for in § 182-63.16C of this article.
See § 182-63.16: Master plan requirement for the OSR District.
See § 182-63.17: Declaration of restrictive covenants for the OSR District.

The following general regulations shall apply in the OSR Open Space Residential Community District:
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 shall be developed under single direction in accordance with an approved master plan and declaration of restrictive covenants, pursuant to § 182-63.16: Master plan requirement and § 182-63.17: Declaration of restrictive covenants, respectively, and in accordance with approved subdivision and/or land development plans as shall be required. The master plan, declaration of restrictive covenants and development agreement required in Subsection D of this section, shall be binding upon all assignees or purchasers of property in the District.
B. Sewer and water facilities. The tract shall be served by public sewer and public water facilities deemed acceptable by the Board of Supervisors, but subject to the following conditions and exceptions:

(1) Other sources of water supply may be approved by the Board in relation to maintaining open space, parkland or other landscape plantings, after receiving favorable comments from all required reviewing agencies.
(2) Alternative sewage disposal systems may be accepted by the Board of Supervisors which would provide a means for the preservation and maintenance of the proposed open space and/or parkland.
(3) Before any action by the Board of Supervisors, comments shall be received for all types of water and sewer supplies from any of the following bodies, as required by the Township: the Municipal Authority Engineer; Upper Providence Municipal Authority; Delaware River Basin Commission; Pennsylvania Department of Environmental Protection; and the Lower Perkiomen Valley Regional Sewer Authority.

C. Development plans. In addition to the master plan required pursuant to § 182-63.16: Master plan requirement, actual application for development of all or part of a tract of land in this District shall be accompanied by subdivision and/or land development plans which shall comply with Chapter 154: Subdivision and Land Development of the Township Code, "Subdivision and Land Development". The plans shall be subject to the tentative, preliminary and final plan stages, in accordance with the requirements of that chapter.
D. Development agreement. In addition to the declaration of restrictive covenants required pursuant to § 182-63.17: Declaration of restrictive covenants, approved development of all or any portion(s) of a tract in this District shall be executed in accordance with a development agreement in form and substance satisfactory to the Township. 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 for the tract, or phases(s) or portion(s) thereof, as appropriate. Should any final plans be amended subsequent to original recording, an approved amended final plan shall be recorded, together with an amended development agreement, as necessary.
See § 182-63.12: Prerequisites for conditional use application for the OSR District.

An open space residential community is allowed only as a conditional use in the R-1 Residential District, provided that the tract proposed for such development meets the criteria specified in § 182-63.12 of this article, and that the procedural requirements for conditional uses, set forth in § 182-204: Procedure for consideration of conditional use application of this chapter, are followed. An open space residential community shall be construed to mean a planned development consisting of single-family residential use(s) combined with the preservation of extensive areas of open space and/or parkland, along with any appropriate recreational uses and uses incidental to such a development, as herein after provided. Uses specifically permitted in an open space residential community shall be the following:

A. Single-family detached dwellings.
B. Neighborhood or community park.
C. Common open space.
D. Accessory uses on the same lot or premises with and incidental to the other uses permitted in this article. In addition to accessory uses customarily incidental to a dwelling unit, appropriate accessory uses may be permitted in a park, including but not limited to uses such as rest rooms, equipment storage building, concession stand, parking for park users and other similar uses.
E. No-impact home based businesses in accordance with the standards set forth in § 182-21.3: No-impact home-based businesses.
F. Home occupations, provided that all of the requirements of § 182-21.4: Home occupations shall be met.

An open space residential community is allowed only as a conditional use in the R-1 Residential District, provided that the tract proposed for such development meets the criteria specified in § 182-63.28: Prerequisites for conditional use application of this article, and that the procedural requirements for conditional uses, set forth in § 182-204: Procedure for consideration of conditional use application of this chapter, are followed. An open space residential community shall be construed to mean a planned development consisting of single-family and low-density single-family attached residential use(s) combined with the preservation of extensive areas of open space and/or parkland, along with any appropriate recreational uses and uses incidental to such a development, as hereinafter provided. Uses specifically permitted in an open space residential community shall be the following:
A. Single-family detached dwellings.
B. Single-family attached dwellings.
C. Neighborhood or community park.
D. Common open space.
E. Accessory uses on the same lot or premises with and incidental to the other uses permitted in this article. In addition to accessory uses customarily incidental to a dwelling unit, appropriate accessory uses may be permitted in a park, including but not limited to uses such as rest rooms, parking for park users and other similar uses, subject to approval by the Township.

(1) Accessory uses in an OSR-2 District may include a single-family house occupied by a groundskeeper, security guard, maintenance worker or by an individual(s) performing similar functions.

F. Communications antennas, in accordance with the provisions of § 182-21.1: Wireless communications facilities. of this chapter, mounted on an existing public utility transmission tower, existing building or other existing structure, and communications equipment buildings. Communications towers are permitted only as a conditional use pursuant to § 182-38.3: Conditional uses.
G. No-impact home-based businesses in accordance with the standards set forth in § 182-21.3: No-impact home-based businesses.
H. Home occupations, provided that all of the requirements of § 182-21.4: Home occupations shall be met.

A. Overall development density.

(1) Density. The maximum density for development pursuant to this article shall be 1.25 units per developable acre. A density increase up to a maximum of 1.6 units per developable acre may be permitted as a conditional use by the Board of Supervisors in the event a minimum of 15% additional open space, above and beyond that which is required by Subsection D herein, is provided. Regardless of the proposed ownership of the by-right required open space, said additional open space shall be offered for dedication to the Township, which shall have the discretion to accept or reject the offer.
(2) In the computation of density, whether by right or as a conditional use, the number of units shall be rounded down to the nearest whole number. Compliance with the standards in this article does not guarantee that the maximum number of dwelling units will be achievable in all cases. The applicant's ability to develop the maximum number may be reduced as a result of the applicant's choice of dwelling types, building and/or lot sizes, physical constraints of the development site, or other factors.
(3) No more than 70% of any one dwelling type shall be permitted within any OSR-2 development.

B. Lot size, width and yard regulations

(1) Single-family detached.

(a) Lot size: a minimum of 6,500 square feet.
(b) Minimum lot width: 65 feet.
(c) Yard regulations shall be as follows:

[1] Front yard (measured from the ultimate right-of-way line): 20 feet.
[2] Side yard, each (measured from the property line): 10 feet.
[3] Rear yard (measured from the property line): 25 feet.

(2) Single-family attached portions of OSR-2 developments shall follow the single-family attached lot size and setback requirements, as outlined in § 182-52E of this chapter, unless otherwise stipulated within this chapter.

(a) Where lots are not proposed, equivalent setback and building spacing to those herein shall apply.

(3) Single-family attached homes will have a minimum setback from the ultimate right-of-way of a feeder or higher classification road abutting an OSR-2 District development of 50 feet.
(4) The minimum distance between a single-family attached home and a single-family detached home lot line, within an OSR-2 development shall be 25 feet.

C. Access restriction. No dwelling unit within the open space residential community may take access directly from any road with a feeder or higher classification, regardless of whether said road exists or is proposed. All dwelling units shall gain access from residential roads, internal access roads, drives, courts or similar arrangements.
D. Open space. A minimum of 50% of the gross tract area of any development proposed pursuant to this article shall be in open space and/or parkland, exclusive of the cumulative area required for the residential lots/units proposed.

(1) Access and potential dedication of any open space land will be governed by the stipulations as outlined in § 182-63.14E of this chapter; provided, however, all open space, except that needed for yards or equivalent areas around dwelling units, shall be offered for dedication to the Township.

E. Phasing of any development pursuant to this article shall follow § 183-63.14F.
F. Height regulations. The maximum height for all buildings shall be prescribed in the R-3 District [reference § 182-52B(2)].
G. Building coverage.

(1) Single-family detached. Any individual residential lot shall have a building coverage not greater than 35%.
(2) Overall building coverage shall not exceed 25% of the portion of the tract not set aside as an open space use.

H. Impervious coverage. Maximum impervious coverage for any OSR-2 development shall be 60% of the portion of the tract not set aside as an open space use.
I. Utilities. All proposed utility lines (electrical, telephone, cable television, etc.) within an open space residential community shall be placed underground in accordance with the requirements of Chapter 154: Subdivision and Land Development, of the Code of the Township, § 154-28D.
J. Lighting. Streetlighting for the residential areas shall be provided in accordance with the requirements of Chapter 154: Subdivision and Land Development, of the Code of the Township, § 154-40: Lighting. Lighting for open space, park areas or related parking areas shall be provided as needed and arranged in a manner which protects the existing frontage roads and neighboring properties from direct glare or hazardous interference of any kind. Lighting shall also be arranged to avoid direct glare into the proposed residences. All lighting shall be as approved by the Township.
K. All signage must meet the requirements of Article XIX: Signs of this chapter.
L. Parking. Parking requirements in the OSR-2 District shall be as follows:

(1) Parking for single-family attached dwellings and parkland or common open space shall follow the regulations as stipulated in § 182-63.14L.
(2) Parking for single-family attached homes:
(a) Single-family attached homes of OSR-2 developments may not contain parking areas of three or more cars.
(b) No parking areas shall be located closer than 50 feet to a side or rear property line of the development tract or a single-family detached dwelling.
(3) In all other respects, the applicable provisions of Article XXII: Off-Street Parking and Loading of this chapter shall apply.

M. Additional development regulations. The following additional regulation(s) shall be applicable to an open space residential community, in recognition of the unique type of development which it represents.

(1) Belgian block curb may be installed on private interior roads, in lieu of the concrete curbing required in Chapter 154: Subdivision and Land Development of the Township Code, Subdivision and Land Development, subject to specifications approved by the Township Engineer.
(2) Secured or "gated" road entrances to the development may be permitted.
(3) Private culs-de-sac or courtyards may be permitted which exceed the maximum permitted length as stipulated in Chapter 154: Subdivision and Land Development of this Code as long as emergency access, as may be required by the Township, is provided.
(4) Sidewalks, as normally installed in conformance with the requirements of Chapter 154: Subdivision and Land Development of the Township Code, may be eliminated in portions of the community when they are replaced with a pedestrian walkway system, based upon approval by the Township.

See § 182-63.28: Prerequisites for conditional use application for the OSR-2 District.

Any development proposed under the OSR-2 Open Space Residential Community District-2 shall follow the district regulations under the OSR Open Space Residential Community District, § 182-63.13: District regulations and the specific Master Plan requirements as detailed in § 182-63.16: Master plan requirement.

1. The following regulations shall apply in the Professional and Business Office District:

A. Lot area. A minimum of 40,000 square feet shall be provided for every principal building erected or used for any use permitted in this district. In addition, a lot width of not less than 150 feet at the right-of-way shall be provided. Conversion of an existing structure to any use permitted according to § 182-98: Permitted uses on a lot smaller than 40,000 square feet may be permitted as a special exception by the Zoning Hearing Board, provided that all required parking can be properly located on the same lot or on an adjacent lot to which access is legally guaranteed, that all additions to principal buildings be located at least 20 feet from all property lines and that all parking be located at least 15 feet from all property lines. The structural appearance of any building to be converted, in terms of roofing, siding, entryways and porches, windows and other exterior features visible from the public way, shall not be altered other than to repair or replace the original material or style of the building. The Zoning Hearing Board may, to encourage conversion of an existing viable building, permit a bonus of not more than 10% impervious coverage above that permitted in Subsection B herein. In allowing any conversion, the Zoning Hearing Board shall attach any reasonable standards it deems appropriate to ensure that said use(s) are developed in a manner consistent with other uses in the district and are compatible with said uses.
B. Building coverage. Not more than 25% of the area may be covered by buildings, and total impervious coverage shall not exceed 70%.
C. Yard requirements.

(1) Front yard. There shall be a front yard on each lot which shall be not less than 50 feet in depth from the street line.
(2) Side yards. On each interior lot there shall be two side yards having an aggregate width of not less than 60 feet, neither side yard having a width of less than 20 feet.
(3) Rear yard. There shall be a rear yard on each lot, the depth of which shall not be less than 40 feet, except that an accessory-use structure may be erected within the rear yard not closer to any property line than 15 feet.

D. Height. The maximum height of buildings or structures hereinafter erected or enlarged in a Professional and Business Office District shall be 35 feet, not to exceed three stories, exclusive of basements. For any building or structure accessory to a building used for office and/or residential purposes, the maximum height shall be 15 feet.
E. Maximum building dimension. The greatest dimension of a structure measured parallel to exterior building walls shall be 125 feet. For circular or partially circular buildings, the diameter or assumed diameter shall not exceed 150 feet.

2. New construction or restoration.
In the event of new construction on a vacant lot or where a dwelling has been removed, the design of the structure shall be consistent with the predominant character of buildings within the district.
3. Access to lots.
The following regulations shall pertain to access for all lots to be developed in the PBO District and shall also govern on lots to be redeveloped in this district to the maximum extent feasible:

A. Accessways leading onto a public street shall be built to the dimensional requirements specified in § 154-19: Driveways of Chapter 154: Subdivision and Land Development.
B. The spacing of access drives should be 200 feet apart on center, but if lesser spacing is necessary and adequate justification is made for more than one access point, then compliance with § 154-19A(8) of Chapter 154: Subdivision and Land Development, should be demonstrated.

The number of parking spaces shall be in accordance with Article XXII: Off-Street Parking and Loading of this chapter.
A. For double-parking bays, 15% of the area of each parking space may be maintained in grass, provided that the grass is separated from the paved area by a suitable wheel stop or bumper.
B. For parking areas of more than 20 cars, a minimum of 10% of the parking area shall be devoted to interior parking lot landscaping, exclusive of any other landscaping or buffering requirements and exclusive of the grass area permitted under Subsection A herein. The landscaping required individual landscaped area shall contain less than 200 square feet; the minimum horizontal dimension of any such area shall be 10 feet.
C. The owners of two or more adjacent lots may elect to share common parking facilities according to the following requirements:

(1) An application to do so shall be filed jointly by all affected lot owners with the Zoning Officer, accompanied by a plan showing the location of all proposed parking, parking reserve areas and accessways as well as all buildings which shall use the common parking area.
(2) The aggregate number of parking spaces required for all uses which will share the common parking area may be reduced up to a maximum of 25% if the applicant can demonstrate to the Zoning Officer's satisfaction that a greater efficiency is effected by joint use of a common parking area or that other circumstances warrant such reduction (i.e., complementary operating hours of the uses which will be sharing the parking area). Regardless of the number of spaces actually developed, a parking area to accommodate the aggregate number of parking spaces normally required shall be fully designed, and the area which is proposed to be eliminated shall be shown as "Parking Reserve Area." Such area shall be required to be developed as designed, if and when the Zoning Officer determines the need. All reserve areas not utilized for parking shall be landscaped according to an approved plan.
(3) For purposes of determining the number and location of accessways pursuant to § 182-103: Access to lots, the entire area devoted to common parking shall be considered as one parking lot.
(4) Some portion of the common parking area shall be within 200 feet of an entrance, regularly used by patrons, into each use served by the common parking area.
(5) An application to permit shared common parking shall be contingent upon each lot owner obtaining any necessary access easements and rights-of-way.

The following additional development regulations shall apply to all mixed-dwelling-type developments in the R-3 Residential District:
A. The maximum percentage of a single dwelling type in a mixed-dwelling-type development shall be no more than 75% of the total dwelling units if two dwelling types are mixed and no more than 60% of the total dwelling units if three dwelling types are mixed.
B. For the purposes of calculating net densities, single-family detached dwellings may be developed at four dwelling units per acre, two-family dwellings at six dwelling units per acre and townhouses at six dwelling units per acre.

The following development regulations shall be followed by all proposed developments within the R-3 Residential District:
(1) Utilities. All utility lines (electric, telephone, etc.) shall be placed underground.
(2) Parking regulations. The following standards shall control required parking spaces in the R-3 Residential District:

(a) Not fewer than two off-street automobile parking spaces shall be required for each dwelling unit (an attached garage may be counted as a single parking space). 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), as deemed suitable upon review by the Township Planning Commission.
(b) No parking area of three or more cars shall be located closer than 20 feet to a side or rear property line of the development tract or closer than 25 feet to an ultimate right-of-way line.
(c) For a parking area storing 10 or more cars, not less than 10% of the area devoted to parking facilities shall consist of interior parking lot landscaping.

(3) Signs. Signs shall be permitted subject to the requirements of Article XIX: Signs of this chapter.
(4) Access. Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the R-3 residential development without causing undue confusion or interference with the normal traffic flow. The Planning Commission shall satisfy itself concerning the adequacy of the thoroughfare to carry the additional traffic generated by the R-3 residential development, as well as to the street frontage of the proposed development.
(5) 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., are 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 instrument. Any common area shall be first offered to the Township by the developer; however, the Township need not accept dedication of the open space but shall maintain first option to acquire with 12 months' notice, if said open space shall ever become available.
(6) 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 convenience 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 154: Subdivision and Land Development, of the Code of the Township, § 154-40: Lighting.

The following regulations shall apply in the R-3 Residential District, except as specifically provided for in § 182-53: Development regulations for townhouse developments, concerning townhouse developments; § 182-54: Development regulations for mixed-dwelling-type developments, concerning mixed-dwelling-type developments; and Article IX: CL Cluster Development District of this chapter, concerning cluster development.

A. General regulations. The following general regulations shall apply for any development proposal within the R-3 Residential District. Development of the tract shall commence in earnest within 36 months of approval under this article or the zoning of said tract shall revert to its former classification. The transfer of ownership to another applicant prior to the commencement of construction shall render the development agreement required in § 182-52A(4) herein void. Said agreement shall then be renegotiable between the new owner(s) and the Board of Supervisors.

(1) 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.
(2) 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.
(3) Development plan. The application for development shall be accompanied by a plan or plans showing the detailed use of the entire tract, which plan or plans also shall comply with all requirements of Chapter 154: Subdivision and Land Development, and other applicable ordinances, unless these ordinances are relaxed in accordance with § 182-57: Plan modifications. The plan shall clearly designate the proposed use(s) of each area of the tract.
(4) 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.
(5) Community impact. The application for development in the R-3 Residential District shall be accompanied by a community impact statement, prepared by qualified professionals. The purpose of this statement is to assure that the proposed development will have a beneficial impact upon the site, the surrounding neighborhood or the facilities and services of the Township. The community impact statement is described more fully in § 182-55: Community impact statement required.

(6) See § 182-52A(6) for Table of Optional Development Mix Alternatives.

(7) Future subdivision or resubdivision. The tract of land to be developed within the R-3 Residential District shall not have been subdivided to yield a tract or tracts, excluding the rights-of-way of existing public roads, that are less than the required acreage for a mixed dwelling type development solely to avoid the more stringent requirements of such developments as required in § 182-54: Development regulations for mixed-dwelling-type developments. If an application to develop a permitted use in the R-3 Residential District is submitted which does not include a contiguous vacant parcel owned by the same applicant and said parcels together will equal 40 acres or more, excluding the rights-of-way of existing public roads, the community impact statement for the proposed development of both parcels shall be in accordance with the requirements of this article.
See § 182-56: Evaluation of community impact statement for the R-3 District.

The following development regulations shall be followed by all proposed developments within the R-4 Residential District:
(1) Utilities. All utility lines (electrical, telephone, etc.) shall be placed underground.
(2) Parking regulations. The following standards shall control required parking spaces in the R-4 Residential District:

(a) Not less than two off-street automobile parking spaces shall be required for each dwelling unit. 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), as deemed suitable upon review by the Township Planning Commission.
(b) No parking area of three or more cars shall be located closer than 30 feet to a side or rear property line or closer than 50 feet to an ultimate right-of-way line.
(c) For 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.

(4) Signs. Signs shall be permitted subject to the requirements of Article XIX: Signs of this chapter.
(5) Access. Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the R-4 residential development without causing undue confusion or interference with the normal traffic flow. The Planning Commission shall satisfy itself concerning the adequacy of the thoroughfare to carry the additional traffic generated by the R-4 residential development, as well as to the street frontage of the proposed development.
(6) 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., are 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 instrument. Any common area shall be first offered to the Township by the developer; however, the Township need not accept dedication of the open space but shall maintain first option to acquire with 12 months' notice, if said open space shall ever become available.
(7) 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 154: Subdivision and Land Development, of the Code of the Township, § 154-40: Lighting.

The following regulations shall apply in the R-4 Residential District:
A. Development of the tract shall commence in earnest within 36 months of approval under this article or the zoning of said tract shall revert to its former classification. A transfer of ownership other than by mortgage to another applicant prior to the commencement of construction shall render the development agreement required in § 182-60A(4) herein void. Said agreement shall then be renegotiable between the new owner(s) and the Board of Supervisors.

(1) 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.
(2) Sewer and water facilities. The tract of land shall be served by water facilities and public sewer facilities deemed acceptable by the Board of Supervisors, upon recommendation of the Township Engineer.
(3) Development plan. The application for development shall be accompanied by a plan or plans showing the detailed use of the entire tract, which plan or plans also shall comply with all requirements of Chapter 154: Subdivision and Land Development, and other applicable ordinances, unless these ordinances are relaxed in accordance with § 182-63: Plan modifications. The plan shall clearly designate the proposed use(s) of each area of the tract.
(4) 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.
(5) Community impact. Any application for development in the R-4 Residential District or for any request for a rezoning to this district shall be accompanied by a community impact statement, prepared by a qualified professional(s). The purpose of this statement is to assure that the proposed development will have a beneficial impact upon the site and the surrounding neighborhood or the facilities and services of the Township. The community impact statement is described more fully in § 182-61: Community impact statement required.
See § 182-62: Evaluation of community impact statement in the R-4 District.

In cases where the development or significant redevelopment of a tract is to be undertaken, the developer shall provide community and open space areas for the comfort and convenience of prospective patrons, employees, and residents. Such area shall be governed by the provisions of Article IVA: Open Space and Recreational Facilities, of Chapter 154: Subdivision and Land Development. At the discretion of the Board of Supervisors, the developer shall provide a fee in lieu of dedication as an alternative to setting aside open space. Said fee shall be provided in accordance with § 154-40.6: Fee in lieu of open space land dedication, residential zoning districts of Chapter 154: Subdivision and Land Development. In no instance shall the provisions of § 182-21.6: Off-site dedication in lieu of on-site recreation and open space amenities of this chapter apply to recreation and open space requirements within nonresidential zoning districts.

See Article XIX: Signs for complete, detailed information on Sign regulations.
 

 

 

 

1. Overlay concept
The Steep Slope Conservation District shall be deemed to be an overlay on any zoning district(s) now or hereafter enacted to regulate the use of land in Upper Providence Township.

A. The Steep Slope Conservation District shall have no effect on the permitted uses in the underlying zoning district, except where said uses intended to be located within the boundaries of the Steep Slope Conservation District, as defined herein, are in conflict with the permitted uses set forth in this article.
B. In those areas of Upper Providence Township where the Steep Slope Conservation District applies, the requirements of the Steep Slope Conservation District shall supersede the requirements of the underlying zoning district(s).
C. Should the Steep Slope Conservation District boundaries be revised as a result of legislative or administrative actions or judicial decision, the zoning requirements applicable to the area in question shall revert to the requirements of the underlying zoning district(s) without consideration of this article.
D. Should the zoning classification(s) of any parcel or any part thereof on which the Steep Slope Conservation District is an overlay be changed as a result of legislative or administrative actions or judicial decision, such change(s) in classification shall have no effect on the boundaries of the Steep Slope Conservation District, unless an amendment to said boundaries was included as part of the proceedings from which the subsequent change(s) originated.

2. Boundary interpretation and appeals procedure.
An initial determination as to whether or not the Steep Slope Conservation District applies to a given parcel shall be made by the Zoning Officer.

A. Any party aggrieved by the decision of the Zoning Officer, either because of an interpretation of the exact location of the Steep Slope Conservation District boundary or because the criteria used in delineating the boundary, as set forth in § 182-129: District boundaries, is or has become incorrect because of changes due to natural or other causes, may appeal said decision to the Zoning Hearing Board as provided for in Article XXIV: Administration and Enforcement of this chapter.
B. The burden of proving the incorrectness of the Zoning Officer's decision shall be on the appellant, except as set forth in § 182-134: Special exception uses.

3. Nonconforming uses or structures.
Following the adoption of this article, any use or structure which is situated within the boundaries of the Steep Slope Conservation District and which does not conform to the permitted uses specified by § 182-133: Conservation uses permitted of this article shall become a nonconforming use or structure, regardless of its conformance to the district in which it is located without consideration of this article. The expansion or continuance of said nonconforming use or structure shall be governed by the requirements of Article XXI: Nonconforming Uses, Premises, Structures and Lots of this chapter. However, the Zoning Hearing Board shall also ensure that the standards contained in § 182-137 of this article are applied to the expansion or continuance of said nonconforming use or structure.
4. Certificate of compliance.
No vacant land shall be occupied or used and no building hereafter erected, altered or used and no steep slope areas shall be occupied until a certificate of compliance has been issued by the Zoning Officer. The Zoning Officer shall request the applicant to submit a certification by a registered professional engineer or land surveyor that the construction of said building and any necessary grading or filling were accomplished in compliance with the provisions of this chapter. The Zoning Officer shall, within 10 days after receipt of such certification from the applicant, issue a certification of compliance only if the building or premises and the proposed use thereof conform with all requirements of this chapter.
5. Municipal liability.
The granting of a zoning permit or approval of a subdivision or land development plan on or near the Steep Slope Conservation District shall not constitute a representation, guarantee or warranty of any kind by the Township of Upper Providence or by any official or employee thereof of the practicability or safety of the proposed use and shall create no liability upon Upper Providence Township, its officials or employees. The degree of erosion and sediment control protection intended to be provided by this chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. This chapter does not imply that areas outside the Steep Slope Conservation District boundaries or land uses permitted within said district will always be totally free from the adverse effects of erosion.

In the SS Steep Slope Conservation District, the following land use and development regulations shall apply:

The Steep Slope Conservation District shall not apply to lands having a slope of less than 15%, as defined herein, nor shall it apply to any land having a man-made slope. However, the use and development of land in such areas shall still be governed by the standards of the underlying zoning district(s) and the minimum acreage requirements of Chapter 102, Erosion Control, of the Clean Streams Law, P.L. 1987, and any subsequent amendments thereto.
B. The Steep Slope Conservation District shall apply to lands having a naturally-occurring slope of 15% or more, as defined herein, and only those uses permitted in § 182-133: Conservation uses permitted and § 182-134: Special exception uses of this article shall be permitted. Furthermore, all applications for development on said areas as permitted in § 182-134: Special exception uses of this article shall be accompanied by an erosion and sedimentation control plan, notwithstanding the minimum acreage requirements of Chapter 102, Erosion Control, of the Clean Streams Law, P.L. 1987, and any subsequent amendments thereto. The plan shall comply with the erosion and sediment control practices set forth by the Pennsylvania Department of Environmental Protection, as well as other recognized conservation practices.
C. In evaluating the proposed development plan, the erosion and sediment control plan and any additional information submitted by the applicant in support of the application, the Township Planning Commission, the Township Engineer and the Zoning Hearing Board, where appropriate, shall consider the following factors:

(1) The percent of slope on the site.
(2) The extent and proposed disturbance of the existing vegetative cover on the site.
(3) The soil types and underlying geology of the site.
(4) The length or extent of the slope both on the site in question and on adjacent lands within 200 feet of the site.
(5) Evidence that the proposed development, any impervious ground cover and the resultant disturbance to the land and existing vegetative cover will not cause excessive runoff and/or related environmental problems.

The following uses shall be prohibited within the boundaries of the Steep Slope Conservation District:

A. Freestanding structures, buildings and retaining walls, unless no alternative location is feasible, as set forth in § 182-134G of this article.
B. Roads, access driveways and parking facilities, unless no alternative alignment or location is available, as set forth in § 182-134F of this article.
C. The filling or removal of topsoil, except when related to an activity approved by special exception, as set forth in § 182-134: Special exception uses of this article.
D. Swimming pools.
E. Dumps, junkyards or other outdoor storage of vehicles and materials.

A. Procedures for consideration of a special exception. All applications for approval by special exception shall be considered in accordance with the following procedures:

(1) The Zoning Hearing Board shall hold a public hearing, giving public notice in accordance with Article XXIV: Administration and Enforcement hereof.
(2) Prior to submission of an application for special exception, the applicant shall submit a soil erosion and sedimentation control plan to the Montgomery County Conservation District. The results of said review and any recommendations of the Conservation District shall be submitted as part of said application.
(3) The Zoning Officer, upon receipt of an application to the Zoning Hearing Board, shall request, at least 30 days prior to the public hearing, the review and recommendations of the Upper Providence Township Planning Commission.
(4) The Zoning Hearing Board may request the review and recommendations of technical agencies or appropriate planning agencies to assist in determining the environmental impact of the proposed use(s). Any such review shall be requested at least 30 days prior to the public hearing.
(5) In rendering a decision, the Zoning Hearing Board may impose special measures or conditions as deemed reasonably necessary and appropriate for the proposed use(s) to conform to the intent of this article.

B. Standards for approval of uses by special exception. In considering a use as a special exception, the Zoning Hearing Board shall consider the following:

(1) The relationship of the proposed use to the specific objectives set forth in § 182-128: Legislative intent of this article.
(2) The standards set forth in § 182-132C of this article.
(3) Abutting property shall not be adversely affected by possible runoff or erosion from the proposed use.
(4) The general welfare, safety and public interest of Upper Providence Township or adjacent municipalities shall not be adversely affected.
(5) Any structures permitted by special exception shall provide evidence that:

(a) Proposed buildings or structures are of sound engineering design and that footings are designed to extend to stable soil and/or bedrock.
(b) Proposed vehicular facilities, including road, drives and/or parking areas, shall be so designed that land clearing and/or grading will not cause accelerated erosion. Both vertical and horizontal alignments of vehicular facilities shall be so designed that hazardous circulation conditions shall not be created.
(c) Proposed on-lot sewage disposal facilities shall be properly designed and installed in conformance with all pertinent health regulations.
(d) Proposed nonagricultural displacement of soil shall be for causes consistent with the intent of this chapter and shall be executed in a manner that will not cause excessive erosion or other unstable conditions.
(e) Surface runoff of water will not create unstable conditions, including erosion, and that appropriate stormwater drainage facilities or systems will be constructed as deemed necessary.

For detailed information on applications see § 182-136: Application procedure.

A. Standards for single-family detached residential development using TDRs. TDRs may be utilized only for the development of single-family detached dwellings. A single-family detached residential development utilizing TDRs shall be known as a "subdivision with transferable development rights."

(1) Development rights previously severed or land previously restricted from development by covenant or deed restriction are not eligible for severance and transfer and shall be subtracted from any applicable TDR calculations.
(2) Tracts eligible for receiving TDRs must be at least seven acres in area and shall be located entirely within one or both of the R-1 or R-2 Districts.
(3) The receiving tract must have direct access to a feeder or higher classification roadway as defined by the Township's adopted Ultimate Right-Of-Way Ordinance and Map.
(4) At least some portion of the perimeter of the receiving tract shall be adjacent to a commercial, office, or industrial district or be adjacent to a R-3 or R-4 District or a residential development with an average lot size of 30,000 square feet or less.
(5) The receiving area tract shall not be identified within the Township's most recently amended Open Space and Environmental Resource Protection Plan, as located in designated preservation areas therein as interpreted by the Township, nor shall it be an individual parcel recommended for preservation, or be a property fronting the Schuylkill River or Perkiomen Creek.
(6) At least 85% of the receiving tract shall be free of environmental constraints, including steep slopes, woodlands, floodplains, and wetlands or other features which would preclude more intensive development than the traditional existing zoning without benefit of TDR.
(7) If any side of the TDR subdivision is adjacent to a residential district or use with lots of 30,000 square feet or greater and/or a vacant, developable parcel, a Buffer Type 2, as described in § 154-36D(5)(c) of Chapter 154: Subdivision and Land Development, shall be required.
(8) Where the boundary of the tract proposed for development of a TDR subdivision abuts a tract zoned and/or used for nonresidential purposes, a Buffer Type 3 pursuant to § 154-36D(5)(e) of Chapter 154, Subdivision and Land Development, is required. However, a fifteen-foot buffer with plants and proportional requirements associated with a Buffer Type 2, pursuant to § 154-36D(5)(c) of Chapter 154: Subdivision and Land Development, may be used instead if the applicant chooses to provide a solid fence along the portion of the common boundary line which is adjacent to the above-mentioned districts and/or uses.
(9) Houses in a TDR subdivision that are not otherwise subject to specified buffers within this section shall be set back a minimum of 30 feet from adjacent properties not part of a subdivision with transferable development rights.
(10) All required buffer areas shall be maintained by a homeowners' association or other group as approved by the Township.
(11) The maximum number of lots which may developed on a qualifying receiving tract shall be the sum of the number of lots identified through the yield plan for the receiving tract [reference: § 182-71.5A(13) herein], plus the number of lots to be transferred to the receiving parcel, in addition to a number equal to no more than 20% of lots to be transferred to the receiving tract.

(a) Should it not be possible to construct all of the lots to be transferred from a sending tract to a single qualifying receiving tract, said lots may be distributed among two or more qualifying receiving tracts. Any fractional yield shall be rounded down to the next whole number.
(b) Compliance with the standards in this article does not guarantee that the maximum number of dwelling units will be achievable in all cases. The applicant's ability to develop the maximum number may be reduced as a result of the applicant's choices of dwelling types, building and/or lot sizes, physical constraints of the development site, or other factors.

(12) Tracts eligible for receiving TDRs must be serviced by public sewer and public water.
(13) To determine the maximum number of lots which could be permitted on a receiving tract prior to the addition of transferred development rights, a yield plan of the tract must be submitted using standard existing zoning requirements, drawn pursuant to the requirements of § 182-44G of this chapter, and approved by the Township.

B. All single-family detached dwellings proposed for construction in a subdivision with transferable development rights shall follow the design guidelines in § 154-36.4: Design Guidelines for developments in TDR Transfer of Development Rights District of Chapter 154: Subdivision and Land Development.

A. The R-1 and R-2 Districts shall be the sending district for the purposes of the TDR program. Parcels shall be entirely within either one or both of these districts.
B. Sending tract.

(1) A sending area tract shall comply with at least one of the following requirements:

(a) The sending area tract shall be identified within the Township's most recently amended Open Space and Environmental Resource Protection Plan. Such parcels shall either be located in designated preservation areas or be an individual parcel recommended for preservation.
(b) The property has at least a portion of any boundary along the banks of the Schuylkill River or Perkiomen Creek.
(c) More than 33% of the site shall contain wetlands, steep slopes, floodplains, native woodlands worthy of protection, as determined by the Township, or a combination of such features. Such constraints shall be accurately delineated in the required sending area yield plan based on documented source material.
(d) An established agricultural operation shall be occurring on at least 85% of the site; this specifically excludes those operations which are considered commercial composting by industry standards (i.e., 500 cubic yards throughput per annum); composting which is accessory to an on-site agricultural operation need not be excluded. If a site with a composting operation meeting these standards is remediated to the satisfaction of the Township Engineer or other appointed Environmental Professional, the site can then be reevaluated by the Township as a potential sending site.

(2) Determination as to the qualifications of any tract as a sending area tract based on the criteria contained herein shall rest solely with the Township.

C. The maximum number of transferable development rights available to owners of eligible lots shall be determined by submission of a yield plan, drawn pursuant to the requirements § 182-44G of this chapter, and approved by the Township. Any fractional yield shall be rounded down to the next whole number.
D. A development right shall be transferable (by sale or otherwise) only to qualifying properties within the following receiving districts: R-1 and R-2 Districts pursuant to the requirements of § 182-71.5A.

1. Statutory authority; conditional use requirement.

A. This district is enacted pursuant to the authority granted by Sections 603(c)(2.2) and 619.1 of the Pennsylvania Municipalities Planning Code, under the terms of which development rights are acknowledged to be severable and separately conveyable from a sending area to a receiving area.
B. A conditional use approval, pursuant to the regulations herein and the procedural requirements of § 182-204: Procedure for consideration of conditional use application of this chapter, shall be prerequisite to the use of the transfer of development rights option.

2. Township rights.
The Township reserves the right to amend this article in the future, and the Township expressly reserves the right to change the manner in which the number of development rights shall be calculated for a tract in the sending area and the manner in which development rights can be conveyed. The Township further expressly reserves the right to terminate its own transferable development rights program at any time. No owner of the land or owner of development rights shall have a claim against the Township for damages resulting from a change in this article relating to the regulations governing the calculation, transfer and use of development rights, or the amendment thereof, or the abolition of the transferable development rights program. If the transferable development rights program is abolished by the Township, no developer may attach development rights to any tract in the receiving area after the effective date of the ordinance abolishing the transferable development rights program, unless a transfer of development rights conditional use application in conformity with the provisions of this article was filed prior to the effective date of such ordinance and thereafter is continuously processed to approval, and, following such approval, a complete subdivision and/or land development application applying such rights is thereafter filed within two years from the date of such approval.

A. Land from which TDRs have been sold may be used only for the following purpose:

(1) Permanent preservation of open space or agricultural land by appropriate deed restriction or legal mechanism acceptable by the Township. Prior to determining the ownership of the property to be preserved (restricted), the applicant may offer it for dedication to the Township. In deciding whether or not to accept any public open space, the Board of Supervisors may obtain the recommendation of the Parks and Recreation Board, Planning Commission, or Township staff. Any preserved property, if not to be accepted for dedication by the Township, shall be maintained in the same manner as it was prior to the transfer of development rights or in a manner acceptable to the Township. This land can be managed by a homeowners' association, a recognized conservation organization, the landowner severing his/her rights, or other group as approved by the Township, once the mechanism for conservation is in place. If the managing organization is a homeowners' association, the organization and governing documents must adequately provide for the preservation and conservation of the land to the satisfaction of the Township.

B. Transfer of development rights.

(1) The transferor may transfer only up to the number of lots indicated on the approved yield plan drawn pursuant to the requirement of § 182-71.3C to an appropriate R-1 or R-2 property as defined in § 182-71.5A. If only a portion of the lots based on the yield plan are transferred, the remaining land may be developed pursuant to applicable zoning standards and subject to all other applicable regulations of this chapter and of Chapter 154: Subdivision and Land Development, or as open space, agricultural land, in the same state as prior to the transfer of development rights, or in a manner agreeable to the Township; provided, however, that a minimum of 50% of the sending tract must be restricted from future development as the result of utilizing transfer of development rights.
(2) All parties involved in any transfer of development rights conditional use application must submit with that application a statement of ownership or equitable ownership of the receiving parcel and a letter of agreement from the transferor to sell development rights from the sending parcel.
(3) No TDRs created by this article shall be transferable beyond the boundaries of Upper Providence Township.
(4) TDRs may only be transferred to a qualifying tract as defined in § 182-71.5A, unless the Township purchases or accepts them in accordance with the provisions of Subsection B(5) herein.
(5) The Township may purchase development rights, may accept ownership of development rights through transfer by gift, and may resell or retire development rights. If they are resold, they must be resold in accordance with all applicable provisions of this article.
(6) If a single-family home and/or farmstead remains on a sending tract after the transfer of development rights transaction has been completed, the owner will retain all rights for that single-development unit; this will include the ability to build farm related buildings, including and similar to: storage buildings, barns, silos, animal coops/pens, and other out-buildings typical to residential or farm development, as long as all development complies with the applicable zoning standards.
(7) Nothing within this article is meant to preclude the county, commonwealth, or other conservation organization from purchasing the development rights from any tract within the Township and holding them in perpetuity.

C. Severance of transferable development rights.

(1) Transferable development rights which have been permanently severed shall be conveyed by a deed of transferable development rights duly recorded in the office of the Recorder of Deeds in and for Montgomery County. The deed of transferable development rights shall specify the tract or tracts of land within eligible receiving area(s) to which the rights shall be permanently attached or that the rights shall be transferred to the Township, retained by the transferor, in gross. Such deeds of transferable development rights shall be suitable in form and in substance to the Township Solicitor.
(2) The deed of transferable development rights which severs the development rights from the sending area tract(s) shall be accompanied by appropriate legal instrument, as provided in § 182-71.4A(1), in a form and substance acceptable to the Township Solicitor and subsequently will be recorded in the office of the Recorder of Deeds in Montgomery County.
(3) All deeds of transferable development rights shall be accompanied by a title report for the sending area tract(s). Such title report shall be prepared within 10 days prior to submission of the deed of transferable development rights and shall be suitable in form and in substance to the Township Solicitor.
(4) If less than all of the development rights eligible for transfer hereunder are to be transferred, the applicant and/or sending area landowner shall indicate in the deed of transferable development rights the disposition of any retained development rights.

D. Sending area conservation restrictions.

(1) Final plan approval for any plan utilizing transferred development rights shall be conditioned upon the recording of the deed of transferable development rights and the restrictive covenant(s) or conservation easement in the office of the Recorder of Deeds in and for Montgomery County.
(2) If the owner of the sending tract is not retaining the parcel, the restrictive covenant(s), deed restriction, or conservation easement shall designate the Township, a bona fide conservation organization acceptable to the Township or homeowners' association, at the Township's sole discretion, as the beneficiary or grantee.
(3) The restrictive covenant(s), deed restriction, or conservation easement shall apply to the sending area tract(s) from which development rights are sold and shall specify the number of development rights so severed as well as any to be retained. No portion of the sending area tract(s) used to calculate the number of development rights which shall be severed shall be used to satisfy minimum yard setbacks, lot area or any other area and bulk requirements for any development rights which are to be retained for any other future development.
(4) All owners from the tract(s) from which development rights are severed shall execute the deed of transferable development rights and any restrictive covenant(s) or conservation easement. All lien holders of the tract from which development rights are severed shall execute a joinder and/or consent to the deed, restrictive covenant(s) and/or conservation easement.

A. General requirements.

(1) The tract of land to be developed shall be in one ownership or shall be the subject of an application filed jointly by each of the owners of the property for which the application is submitted. The tract shall be developed under single direction in accordance with the approved plan.
(2) 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 the recommendation of the Township Engineer.
(3) Development plan. The application for development shall be accompanied by a plan or plans showing the detailed use of the entire tract, which plan or plans shall also comply with all requirements of Chapter 154: Subdivision and Land Development, and other applicable ordinances. The plan shall clearly designate the proposed use(s) of each area of the tract.
(4) Neighborhood impact analysis. Any proposed development of greater than three acres shall be accompanied by a neighborhood impact analysis prepared by qualified professional(s), to the standards outlined within § 182-89: Contents of market area study and neighborhood impact analysis, in addition to the following:

(a) A review of the impact(s) that the proposed development will have on the existing character of the village or neighborhood.
(b) An action plan and timeline to ensure that any impact on residential properties adjacent to the proposed development will be addressed prior to project completion. This shall also include a discussion of potential impact on those residential properties during the construction process.

(5) Traffic impact analysis. Any proposed development of greater than three acres shall be accompanied by a traffic impact analysis prepared by a qualified professional traffic engineer or transportation planner. The analysis will be done in accordance with the requirements of § 182-120E of this chapter, and shall include a specific analysis of weekend average daily trips. In addition, for developments that are proposed to contain less than 10,000 square feet of gross floor area and that generate less than 100 peark hour trips in either the morning or afternoon peak hour, the Township may permit the applicant to limit the traffic impact study to an analysis of the proposed driveway(s), which shall consider, at a minimum, the location, configuration and traffic expected to use the driveway(s) at the time of highest peak-hour demand. Additional information may be required at the discretion of the Township Board of Supervisors, upon the recommendation of the Township Engineer or Traffic Consultant.

See § 182-96.3B for specific site development requirements for the VCO District.
C. Other development regulations.

(1) Utilities. All utility lines shall be placed underground.
(2) Signs. All signs in the VCO District shall be subject to the requirements of Article XIX: Signs of this chapter and the following:

(a) Any sign with internal illumination may not be within 50 feet of a residential zone. Any sign with external lighting, within 50 feet of a residential zoning district, shall have direct spot lighting. At the Board of Supervisors' discretion, lighting of the sign may be limited to certain hours.
(b) Signs with scrolling marquees, neon or other similar lighting shall not be visible from a residential zoning district.

(3) Lighting facilities. Lighting facilities shall be provided as needed and arranged in a manner which will protect the neighboring properties from unreasonable glare or hazardous interference of any kind and shall be installed in accordance with the provisions of § 154-40: Lighting of Chapter 154: Subdivision and Land Development, of the Code of the Township.

(a) Light fixtures within 250 feet of any residentially used or zoned property shall not exceed 16 feet in height.

(4) Landscape planting. Shade trees in accordance with § 154-36C of Chapter 154: Subdivision and Land Development, and other plantings shall be provided along any street frontage occupied by a VCO development.

(a) Buffer requirements.

[1] For any side or rear yard abutting a residentially zoned property or use, and proposing less than 10,000 square feet of gross floor area, a Buffer Type 2 shall be required. At the discretion of the Board of Supervisors, upon the recommendation of the Township Engineer or Planning Consultant, a Buffer Type 2A may be required.
[2] For any side or rear yard abutting a residentially zoned property or use, and proposing greater than 10,000 square feet of gross floor area, a Buffer Type 3 shall be required.
[3] For any side yard, when not abutting a residentially zoned property, a Buffer Type 2 is required.
[4] Any shared parking between one acre and smaller tracts shall not be required to install a Buffer Type 1 in the side yard with the shared parking; however, the shade tree requirement and other parking lot landscaping as required by § 154-36E, of Chapter 154: Subdivision and Land Development, are still required.
[5] When the front yard of a tract is on a street frontage opposite a residential zone, front yard parking shall be prohibited and a Buffer Type 3 shall be installed.

(5) Trash and refuse areas. The design of buildings in the VCO District shall include either a provision for the storage of trash, refuse, and garbage inside the building(s) or within a masonry-walled area outside the building(s). The wall of such a trash and refuse area must shield the trash and refuse from the direct view of any adjacent property, must be at least six feet high, and at no time be located within 100 feet of a residentially zoned or used property.
(6) Off-street parking and loading facilities. All off-street parking and loading facilities shall comply with the requirements of Article XXII: Off-Street Parking and Loading of this chapter.

(a) For any development with more than three acres of net tract area, parking shall be provided at a minimum ratio of 5.5 spaces per 1,000 square feet of gross floor area; provided, however, at the discretion of the Board of Supervisors, upon recommendation by Township professionals, and if certain proposed uses are known to generate higher parking needs, a greater ratio can be imposed.
(b) Shared parking. For individual developments with one acre or less of net tract area, shared parking is encouraged. In addition to the requirements of § 182-181: Reduction of requirements by special exception the following shall apply:

[1] Adequate documentation to substantiate a reduction in parking requirements shall be submitted with an applicant's subdivision and/or land development application. At the discretion of the Board of Supervisors and based upon the recommendation of the Township professionals, a reduction in required parking may be granted.
[2] For proposed shared parking in the VCO District, a special exception need not be secured, as is stipulated in § 182-181: Reduction of requirements by special exception.
[3] Proper cross easements and liability indemnification shall be provided to the satisfaction of the Township Solicitor.
[4] For those successful applications for shared parking, the individual lots may increase their impervious coverage an additional 5% above the maximum permitted in § 182-96.3B(5). In addition, adjoining lots may aggregate the impervious coverage as though there were no lot lines. Impervious coverage may be exceeded for an individual lot as long as the maximum allowable is not exceeded for the aggregated lots.

(c) Front yard parking. No more than 25% of the parking spaces required within Article XXII: Off-Street Parking and Loading are permitted in the front yard of any VCO development in a parcel with less than three acres of net tract area. If an existing building prevents a land development from meeting the parking requirements in the side and rear yards, the Board of Supervisors may grant a conditional use to allow 50% of the parking spaces to be located within the front yard area, if the following requirements are met:

[1] Adequate evidence is presented that no other parking configuration is feasible on the individual lot.
[2] Adequate evidence is presented that shared parking is not feasible with the adjacent lots.
[3] A Buffer Type 4 must be installed between the front yard parking area and the ultimate right-of-way.

(d) Parking reduction. The Board of Supervisors may reduce the total amount of parking required, provided that the applicant demonstrates that the number of required spaces exceeds the demands of the actual development. The amount of reduction permitted by the Board of Supervisors shall be based upon a recommendation by the Township Engineer or Traffic Consultant from information provided to the Township by the applicant. Information should, at a minimum, include appropriate information from the latest edition of "Parking Generation" published by the Institute of Transportation Engineers and other material prepared by a qualified professional.

(7) Design guidelines. In addition to Design guidelines for select commercial developments, § 154-36.3: Design guidelines for select commercial developments, of Chapter 154: Subdivision and Land Development, any proposed development within the VCO District must meet the following:

(a) Facades.

[1] Multistory buildings shall articulate the line between the ground and upper levels with a cornice, canopy, balcony, arcade, or other visual device.
[2] Blank walls are not permitted along the main roadway and if visible from a right-of-way or accessway shall be articulated by details in masonry courses, window openings, recessed or projecting window display cases, or other visual device.
[3] The facade treatment of walls facing residential use districts shall be similar to the primary front facade.

(b) For buildings with a footprint greater than 15,000 square feet, the building must be designed to appear as multiple buildings.
(c) Existing buildings built before 1940 can be restored to their original conditions or surfaced with brick or stone with wood trim and details.

(8) Amenities. The developer shall be required to provide public amenity areas for community or client use, such as sidewalk benches, sitting areas, monument areas with seating, and other services necessary for the comfort and convenience of the prospective users of the VCO District.

D. Preservation of existing buildings.
The retention of existing residential buildings in the VCO District for reuse in accordance with the provisions of the district is encouraged. In instances where this is done, the applicable building coverage requirement in § 182-96.3B(4) may be increased up to 10% and the applicable impervious coverage in § 182-96.3B(5) may be increased up to an additional 5%; provided that the following conditions are met:

A. A minimum of 80% of the building exterior structure is retained; any facade paralleling a public right-of-way shall be included in the percentage of the building that is retained.
B. Any building which faces a public street shall not be expanded toward that street, except for the addition of a front porch consistent with the architectural style of the original building. All applicable setbacks for the porch shall be met.
C. Expansion may be permitted to the side or rear of the building, if it does not parallel a public road right-of-way and provided that any expansion to the side begins a minimum of 10 feet back from the front of the building and further provided that all applicable setback requirements shall be met.
D. The design of any building expansion and the proposed roofline shall be architecturally compatible with the existing building.

See § 182-66A for table of area, width, yard and coverage regulations for the VP District.
B. Sewer and water facilities. Each lot shall be served by public sewer and centralized water facilities deemed acceptable by the Board of Supervisors, upon recommendation of the Township Engineer.
C. Height. No building hereafter erected in the VP District shall exceed a height of 30 feet.
D. Parking and signs. All parking spaces and all signs erected in the VP District shall be in accordance with the requirements of Article XIX: Signs and Article XXII: Off-Street Parking and Loading of this chapter.

On parcels that, as of the date of enactment of Article XIIA: YMU Yerkes Mixed-Use District, have frontage on a road then classified as an arterial road by the Upper Providence Township's Ultimate Right-of-Way Map, and to a maximum depth of 450 feet measured from the center line of said arterial road, single-family detached uses developed as a permitted use under § 182-90.5A shall be in compliance with those regulations outlined within Article V: R-2 Residential District.
The following development regulations shall be followed by all proposed developments within the YMU Yerkes Mixed-Use District:

1. Utilities. All utility lines (electrical, telephone, etc.) shall be placed underground.
2. Parking regulations. The following standards shall control required parking spaces in the YMU Yerkes Mixed-Use District:

(a) Not less than 1.7 off-street parking spaces shall be required for each multifamily dwelling unit.
(b) All other uses shall comply with the applicable requirements of § 182-179B; however, shared parking is permitted for those uses permitted under § 182-90.5B and § 182-90.5C. In addition to the requirements of § 182-181: Reduction of requirements by special exception the following shall apply:

[1] Adequate documentation to substantiate a reduction in parking requirements shall be submitted with an applicant's subdivision and/or land development application. At the discretion of the Board of Supervisors and based upon the recommendation of the Township professionals, a reduction in required parking may be granted.
[2] For proposed shared parking in the YMU District, a conditional use shall be required in lieu of a special exception as stipulated in § 182-181: Reduction of requirements by special exception.
[3] The shared parking facilities may be in one ownership or multiple ownerships. If applicable, proper cross easements and liability indemnification shall be provided to the satisfaction of the Township Solicitor.

3. Signs. Subject to compliance with the 100-foot-wide setback requirement as set forth in § 182-90.6B(2)(a), where applicable, signs shall be permitted subject to the requirements of Article XIX: Signs of this chapter.
4. Common areas and facilities. Subject to compliance with the 100-foot-wide setback requirement as set forth in § 182-90.6B(2)(a), where applicable, 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, recreation facilities, etc., are hereby encouraged and may be located either on individual lots or condominium units, or in common areas in any multifamily or multiunit development. 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 for particular residents or users of the facilities, where practical, and may be maintained by the developer, a condominium association or similar instrument.

5. Lighting facilities. Subject to compliance with the 100-foot-wide setback requirement as set forth in § 182-90.6B(2)(a), where applicable, 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, shall be installed by the applicant at its expense and shall be designed in accordance with the provisions of Chapter 154: Subdivision and Land Development, § 154-40: Lighting.

6. Landscaped planting. Landscaping shall be considered an integral part of any YMU Yerkes Mixed-Use Development and shall follow the requirements of Chapter 154: Subdivision and Land Development, provided that an applicant may utilize the Pennsylvania Native Species List for plantings within a YMU Yerkes Mixed-Use Development, including but not limited to plantings in buffer areas.
7. Buffer area. A multifamily dwellings, single-family attached dwellings or semidetached houses (twins) use within the YMU Yerkes Mixed-Use District development shall provide a permanent landscaped Buffer Type 2A, as described in § 154-36D(5)(d) of Chapter 154: Subdivision and Land Development, against any existing single-family detached homes or R-1 Zoning. Existing mature trees or woodland areas may be utilized in place of required plantings, as approved by the Township. Tract buffer area requirements may be included within the required tract setbacks.
8. Recreation and Open Space. Subject to compliance with the 100-foot-wide setback requirement as set forth in § 182-90.6.B(2)(a) where applicable, the developer shall provide community areas and other recreational areas for the prospective residents of the multifamily dwellings. In this regard, the developer shall provide a minimum of 15% of the total area as usable open space for the use of residents of the development, unless a greater amount is required herein. Such open space shall be governed by the provisions of Article IVA: Open Space and Recreational Facilities, of Chapter 154: Subdivision and Land Development.
9. 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 for a multifamily dwellings use. Property maintenance areas shall be:

(a) Clearly separate from any other uses on the site;
(b) Separate from any required parking spaces; and
(c) Screened from view from public roads and surrounding properties with a Buffer Type 2 as defined in § 154-36D(5)(c) in Chapter 154: Subdivision and Land Development. The buffer may be a minimum of 15 feet in width.

10. Design guidelines for buildings developed under § 182-90.5C. Any new building or group of new buildings developed under § 182-90.5C should, through its architectural design, reflect the nature of the setting relative to its size and the transition from one district to another. In addition, the following design guidelines are required:

(a) Building facades.

[1] The exterior building envelope shall be articulated to create interest. Buildings should be designed to be viewed from all sides.
[2] Walls without relief or ornament are not permitted along the main roadway and if visible from a right-of-way or accessway shall be articulated by details in masonry courses, window openings, or other visual devices.
[3] Building facades greater than 50 feet in length, including separate buildings that are attached, shall incorporate one or more architectural features. Architectural features include but are not limited to the following:

[a] Change of setback of building facade; minimum change shall be two feet.
[b] Dormers, spires and/or towers.
[c] Bay windows or similar features.
[d] Change in building material.
[e] Change in wall plane or feature angles.
[f] Change in roof style and/or height.
[g] Change of building height.

(b) Criteria for exterior materials include:

[1] Glass may not exceed 60% of the total exterior wall area of the building.
[2] Stucco and synthetic stucco may not exceed 10% of the total exterior wall area, excluding glass areas and openings.
[3] A single dominant material should comprise at least 30% and no more than 80% of the exterior wall area, excluding glass areas and openings.
[4] Painted standard CMU and exposed standard CMU shall not be permitted except within 24 inches of the final grade.
[5] Dominant exterior materials may include wood, brick, stone or stone veneer (cultured stone or equivalent), glass, stucco and synthetic stucco, or modular masonry units.
[6] Dominant exterior building materials may not include aluminum siding, vinyl siding, smooth-faced CMU, or highly reflective/mirrored glass.
[7] Dominant facade colors shall be complementary to the architectural style of the building. Detailed elevations with facade treatment examples, complete with color choices, shall be submitted to the Township for review during the land development process. Trim and accent colors should be considered as part of the overall color and material palette. Colors utilized specifically in the branding of identity of an establishment, such as logos or emblems, will be given special consideration by the Township.

(c) There shall be no uninterrupted length of facade that exceeds 50 feet.
(d) In developments with multiple buildings, building designs may not be identical. Buildings should create a cohesive community and diversity by using similar elements while not building the same building multiple times. Diversity can be attained by variation in the building height and use, material and color. Diversity can be attained by variation in the building height and use, material and color.
(e) Variations and features at the roofline may be used to screen HVAC equipment, and provide interest. Vegetated roofs and roof decks are encouraged.
(f) All ground-mounted HVAC units or other utility equipment shall be screened. This shall be accomplished using durable walls and landscaping.

11. Design guidelines for buildings developed under § 182-90.5D. For any new building or group of new buildings developed under § 182-90.5D, the following design criteria shall apply:

(a) At least 50% of the front elevation of a residential building shall be a masonry product (stone, stucco, brick, etc.).
(b) Building materials, including siding, masonry products, garage doors, windows, trim, roofing and shutters, shall generally be consistent through the build-out of the development.
(c) Exterior materials shall not include exposed natural or painted concrete (except for basement walls) or aluminum siding.
(d) Conceptual renderings depicting potential building facades shall be submitted to the Township for review with the conditional use application.

12. Plan modifications. The Board of Supervisors may grant modifications from those of Chapter 154: Subdivision and Land Development, provided the spirit and intent of this article and the statement of community development objectives contained in § 182-2: Community development objectives are observed.

A. The following regulations shall apply in the YMU Yerkes Mixed-Use District:

(1) 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 shall be developed under a single direction in accordance with an approved plan.
(2) Sewer and water facilities. The tract of land shall be served by public water and sewer facilities deemed acceptable by the Board of Supervisors, upon recommendation of the Township Engineer.

1. Zoning Hearing Board.

A. Establishment of Zoning Hearing Board, membership, terms and removal.

(1) For purposes of this section, references to "the Board" shall refer to the Zoning Hearing Board.
(2) There shall be a Zoning Hearing Board which shall consist of five residents of Upper Providence Township who shall be appointed by resolution of the Board of Supervisors of Upper Providence Township. In addition to the five member appointments, the Board shall consist also of two alternate members who shall also be appointed by the Board of Supervisors of Upper Providence Township.
(3) The terms of office shall be three years for Board members and three years for alternates and shall be so fixed that a member term shall expire each year. Members may succeed themselves. The Board shall promptly notify the Board of Supervisors whenever any vacancies occur, and the Board of Supervisors shall thereupon appoint a resident of the Township to serve for the unexpired portion of the term. Members of the Board and alternates shall hold no other office in the Township, and no member of the Board or alternate may also be a member of the Planning Commission.
(4) Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the Board of Supervisors, taken after the member has received 15 days' advanced notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing.

B. Organization of Zoning Hearing Board.

(1) The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves.
(2) When by reason of absence or disqualification one or more members is unavailable for a hearing, the Chairman of the Board shall designate one or both alternate members of the Board to sit on the Board as may be needed to provide a quorum. Any alternate member of the Board shall continue to serve on the Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Board has made a final determination of the matter or case. Designation of an alternate pursuant to this section shall be made on a case-by-case basis in rotation according to declining seniority among all alternates.
(3) For the conduct of any hearing and the taking of any action, a quorum shall be no less than three voting members, but the Board may appoint from its own membership a hearing officer to conduct any hearing on its behalf, and the parties may waive further action by the Board.
(4) The Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the Township and laws of the Commonwealth.
(5) The Board shall keep public records of its business, which records shall be property of the Township, and shall submit reports of its activities to the Township as requested by the Board of Supervisors.

C. Expenditure for services.

(1) Within the limits of funds appropriated by the Board of Supervisors, the Board may employ or contract for secretaries, clerks, legal council, consultants, and other technical and clerical services.
(2) Members of the Board shall receive such compensation as may be fixed by the Board of Supervisors for the performance of their duties as members of the Zoning Hearing Board. Alternate members of the Board may receive compensation as may be fixed by the Board of Supervisors for the performance of their duties. Both with respect to members and alternate members, the compensation paid to members or alternate members shall not exceed the rate of compensation authorized to be paid to members of the Board of Supervisors.

D. Powers and duties; jurisdiction.

(1) Powers and duties of the Board shall be as set forth in the Pennsylvania Municipalities Planning Code[1] as amended.
(2) The Board shall have exclusive jurisdiction to hear and render final adjudications in accordance with the requirements of Article IX of the Pennsylvania Municipalities Planning Code.

E. Hearings; notice of hearing.

(1) The Board shall conduct hearings and render decisions as set forth by the Pennsylvania Municipalities Planning Code.[2] All hearings shall be open to the public.
(2) Upon the filing with the Board of an appeal or of an application for any matter within its jurisdiction, the Board shall fix a reasonable time and place for a public hearing thereon.
(3) Notices herein required shall state the location of the building or lot and the general nature of the question involved.

F. Burden of proof. The burden of proof shall always be on the applicant before the Board to sustain his appeal before the Board, and in any application for a special exception, the burden shall be upon the applicant to prove that approval of the application will not be detrimental to the health, safety and general welfare of the community.
G. Parties. The parties to the hearings shall be the municipality, any person affected by the application who has made timely appearance of record before the Board and any other person, including civic or community organizations, permitted to appear by the Board. The Board shall have the power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board for that purpose.
H. Evidence. The Board shall consider in making its official findings or decisions only that evidence properly submitted at hearings, with the exception of legal briefs, provided that all parties are given an equal opportunity to submit legal briefs and any responses thereto, but the allowance of the submission of such legal briefs and responses thereto shall be entirely within the discretion of the Board. Information from federal, state or county agencies when submitted on official stationery shall be admitted as evidence only at public hearings, and the Board, in its sole discretion, shall determine the weight to be given to such evidence. Information from the Upper Providence Township Planning Commission or from any other Township agency, board, commission or committee shall be submitted to the Board only at public hearings as authorized by the Board of Supervisors or the Township Manager, but this shall not prevent any member of an official agency, board, commission or committee of Upper Providence Township from appearing and being heard as a private citizen.
I. Decisions and copies of decisions and findings.

(1) The Board shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Board. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor. Conclusions based on any provisions of the Pennsylvania Municipalities Planning Code, other statutes or of any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in light of the facts found.
(2) Where the Board has power to render a decision and the Board fails to render the same within the period required by this Subsection I, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed, in writing or on record, to an extension of time.
(3) In addition to the requirements of the Pennsylvania Municipalities Planning Code and its amendments,[3] a copy of the decision or findings of the Zoning Hearing Board shall be mailed or delivered promptly to each of the following: the Chairman of the Board of Supervisors, the Chairman of the Upper Providence Township Planning Commission, the Township Manager, the Township Secretary and the Township Zoning Officer.

J. Fees. The fees for applications to the Zoning Hearing Board, for cost of stenographic record of the same, and for subpoenas, shall be in accordance with a schedule adopted by resolution of the Board of Supervisors.
K. Appeals. Appeals from the decisions of the Zoning Hearing Board shall be in accordance with the rules of procedure of the Zoning Hearing Board and the Pennsylvania Municipalities Planning Code and its amendments.

2. Notice of rezoning hearing.
Notice of rezoning hearings shall be given as follows:

A. By publishing a notice thereof once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing and that full opportunity will be given to any citizen and all parties in interest attending such hearing. The first publication shall be not more than 30 days nor less than 14 days from the date of the hearing.
B. Whenever a proposed amendment affects a particular property, there shall be posted upon such property or premises at such places as the Township Secretary shall direct notice of the said amendment and the date on which it will be heard.

1. Zoning Officer.

A. The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Zoning Officer, who shall have such powers as are conferred on him by this chapter and who shall administer this chapter in accordance with its literal terms. The Zoning Officer shall not have the power to permit any construction or any use or change of use which does not conform to this chapter.
B. Duties. The duties of the Zoning Officer shall be:

(1) To examine all applications for permits.
(2) To issue permits only for construction and uses which are in accordance with the regulations of this chapter and other applicable ordinances as may be subsequently amended.
(3) To record and file all applications for permits with the accompanying plans.
(4) To issue permits for uses by special exception only after such uses and buildings are approved by the Zoning Hearing Board in accordance with the regulations of this chapter.
(5) To receive all required fees and issue all necessary stop orders.
(6) To inspect nonconforming uses, buildings and signs and to keep a filed record of such nonconforming uses and buildings as a public record and to examine them periodically.
(7) Upon the request of the Planning Commission or of the Zoning Hearing Board, to present to such body the facts, records and any similar information on specific requests to assist such body in reaching its decision.

2. Appeals.
Any appeal from a decision or action of the Zoning Officer shall be made directly to the Zoning Hearing Board.
3. Complaints regarding violations.
Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Officer. He shall record promptly such complaint, immediately investigate and take action thereon as provided by this chapter.
4. Notice of violations.
If the Zoning Officer shall find that any of the provisions of this chapter are being violated, he shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and order the action necessary to correct it. The notice given by the Zoning Officer shall be in accordance with Section 616.1 of the Pennsylvania Municipalities Planning Code.[1]
5. Enforcement.
This chapter shall be enforced by the Zoning Officer. No permit of any kind as provided in this chapter shall be granted by him for any purpose except in compliance with the provisions of this chapter or a decision of the Zoning Hearing Board or a court of competent jurisdiction. The Zoning Officer may institute civil enforcement proceedings as a means of enforcement, with the approval of the Board of Supervisors.

1. Zoning permit required.
A zoning permit shall be required prior to the erection, construction or alteration of any building, structure or any portion thereof, prior to the moving of a building into the Township or from one place in the Township to another and prior to the change or extension of nonconforming use and shall be issued simultaneously with the required building permits.
2. Application for permits.
Application for permits shall be made in writing to the Zoning Officer on such forms as may be furnished by the Township. Such application shall include building and plot plans of a satisfactory nature, in duplicate, and shall contain all information necessary for such official to ascertain whether the proposed erection, alteration, use or change in use complies with the provisions of this chapter. No permit shall be considered complete or permanently effective until the Zoning Officer has certified that the work meets all the requirements of applicable codes and ordinances.
3. Issuance of permits.

A. No zoning permit shall be issued except in conformity with the regulations of this chapter, and except after written order from the Zoning Hearing Board or the courts.
B. In case of refusal, the applicant shall be informed of his right to appeal to the Zoning Hearing Board.
C. Proceedings of the Zoning Hearing Board shall be governed by the Pennsylvania Municipalities Planning Code, as amended. The Board shall fix its own rules of procedure. The Board of Supervisors shall establish by resolution a schedule of fees for appeals to the Zoning Hearing Board.
D. Any building permit or any other permits to which an applicant may be entitled as a result of a decision of the Zoning Hearing Board shall be applied for within six months of the date thereof. Failure to do so will render the decision null and void.

4. Expiration of permits.
No permit for the erection, razing, change, alteration or removal of buildings shall be valid or effective after six months from the date of issuance thereof, and it shall thereafter be void, unless the work authorized by such permit shall have been substantially commenced within six months from the date of issuance and proceeded with, with due diligence. If, however, the applicant has been delayed in proceeding with the work for which the permit was granted by reason of any reasonable cause not due to his own negligence, the permit may be renewed without additional cost to the applicant.
5. Certificate of occupancy.

A. Upon completion of the erection or alteration of any building or portion thereof authorized by any permit and prior to occupancy or use and prior to any change in occupancy or use, the holder of such permit shall notify the Zoning Officer of such completion or change. No building may be used or occupied until a certificate of use and occupancy has been issued, except as provided for in Subsection B below.
B. In commercial and industrial zoning districts, at such time as performance standards are imposed, no certificate of occupancy shall become permanent until 30 days after the facility is fully operating, when upon a reinspection by the Zoning Officer it is determined that the facility is in compliance with all performance standards.

6. Temporary permits.
A temporary permit may be authorized by the Zoning Hearing Board as a special exception for a nonconforming structure or use which it deems beneficial to promote the proper development of the community, provided that such nonconforming structure or use shall be completely removed upon expiration of the permit without cost to the Township. Such a permit shall be issued for a specified period of time not exceeding six calendar months and may be renewed for an aggregate period of not more than two years.
7. Permits for variances and special exceptions.

A. All applications for variances and special exceptions shall be made in writing on forms furnished by the Township Secretary.
B. Special exceptions shall not be granted by the Zoning Hearing Board unless the applicant therefor shall establish:

(1) That the granting of the special exception will not adversely affect the public interest.
(2) That the proposed structure or development complies with the letter and intent of this chapter.
(3) That the public health, safety and welfare have been protected in the following respects, where applicable:

(a) Ingress and egress to and from property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe.
(b) Off-street parking and loading areas, where required, with particular attention to the items in Subsection B(1) above with the noise, glare or odor effects of the special exception on adjoining properties and properties generally in the district.
(c) Refuse and service areas, with particular reference to the items in Subsection B(1) and (2) above.
(d) Utilities, with reference to locations, availability and compatibility.
(e) Screening and buffering, with reference to type, dimensions and character.
(f) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety and compatibility and harmony with properties in the district.
(g) Required yards and other open spaces.
(h) The general compatibility with adjacent properties and other property in the district.

C. To the extent permitted by law, all burdens of proof, persuasion and going forward with evidence shall be upon the landowner in connection with any variance or special exception. In allowing a variance or special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards in addition to those expressed in the chapter, as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code and this chapter