ARTICLE 10 - TNC, TRADITIONAL NEIGHBORHOOD COMMERCIAL DISTRICT'
SECTION 1000 PURPOSE

The Traditional Neighborhood Commercial District is designed to enhance the rural and historic context of the community by encouraging protecting natural resources while promoting a unified development theme with consideration of retaining an appropriate streetscape along the Route 202 corridor. The TNC district provides for a mix of commercial and office uses and allows for a dwelling in combination with business use. The district is also designed to include standards to ensure that the district does not detract from adjoining residential districts.

Specific objectives include: .

1. Protect, conserve and enhance the quality of Solebury waterways and groundwater supplies;

2. Maximize Ground Water Recharge

3. Maintain the free flow of traffic / promote vehicular and pedestrian safety and access management

4. Promote sustainable development

5. Offer diverse economic activity, employment opportunities & commercial services

6. Link development intensity with the provision of water conservation measures and sustainable design techniques.

7. Implement design standards to mitigate effects of storm water runoff

8. Promote the use of community-based architectural design standards including signage that is integrated with both buildings and site.

SECTION 1001 USE REGULATIONS

A.building may be erected, altered or used, and land may be used or occupied, subject to the provisions of Article 14, 15 and 19, for any of the following uses and no other:

A. Permitted Principal Uses

1 Office

2. Bank

3. Medical Office/Wellness Center

4. Retail Sales

5. Village Service

6. Convenience Store

7. Restaurant

8. Tavern

9. Bed and Breakfast Inn

10. Athletic Facility

11. School

12. Library

13. Commercial School

14. Cultural

15. Municipal Use

16. Emergency Service

17. Funeral Home

B. Permitted Accessory Uses

1. Accessory uses on the same lot and customarily incidental to the permitted principal uses in Section 1001.A.

2. Parking in accordance with Article 16.

3. Signs in accordance with Article 17.

C. Conditional Uses (Refer to Article 19 for Special Provisions and Article 21 for Standards and Criteria)

1. Hotel or Inn

2. Shopping Center

3. Motor Vehicle Gasoline Station (governed by Ordinance 2003-206 2 acre lot min.)

4. Private Recreational Facility

5. Religious

6. Veterinary Office

7. Water Storage Facility

8. Drive through facilities for banks, restaurants, pharmacies and other permitted principal uses.

D. Number of Permitted Principal Uses per lot As per Section 1801C and Section 201 Shopping Center, except additional principal uses up to a maximum of four (4) principal uses may be permitted with the inclusion of sustainable development methods as defined in this ordinance.

SECTION 1002 HEIGHT REGULATIONS

The maximum height of buildings and other structures erected, enlarged, altered or used shall be forty-five (45) feet. , Church spires, steeples, belfries, cupolas, domes, solar panels, clock towers, chimneys, ventilating fans, air conditioning equipment, structures for the housing of elevator and or stairways, fire or parapet wall, skylights, flagpoles, water towers or water tanks, other utilities, windmills, and other structures not used for human occupancy may exceed the height limitation, in accordance with Zoning Ordinance Section 1804. However, additional building setbacks from the property line do not need to be provided, except for property lines abutting other zoning districts. These structures shall meet the Design Guidelines for the Traditional Neighborhood Commercial District.

SECTION 1003 AREA AND BULK REGULATIONS

Except as provided in Section 1004.F. of this Article the following shall apply:

A. All permitted uses and conditional uses:

1. Minimum Lot Area - 1 acre. (Shopping renter 15 acres)

2. Minimum Lot Width at Building Line - 100 feet.

3. Minimum Lot Width at Street Line 100 feet.

4. Maximum Impervious Surface Coverage - 60%!

5. Maximum Building Coverage - 20%

6. Depth of Front Yard Building Setback - minimum: 30 feet

- Maximum: 95 feet

7. Minimum Depth of Rear Yard Building Setback to other TNC lots 30 feet.

8. Minimum Depth of Rear Yard Building Setback to other Districts 75 feet.

9. Minimum Width of Side Yard Building Setback to other TNC lots - 25 feet.

10. Minimum Width of Side Yard Building Setback to other Districts - 75 feet

11. Maximum Building Height 45 feet

12. Minimum Required Parking2 4 parking spaces per 1000 SF Gross Building Area

13. Maximum Permitted Parking] 4.25 parking spaces per 1000 SF Gross Building Area

14. Maximum Permitted Parking for freestanding restaurants: Restaurants that are the only permitted use on a lot and/or where there exists no opportunities for shared parking with adjacent parcels shall be permitted to increase the maximum permitted parking spaces provided that the restaurant incorporates at least three (3) of the four (4) sustainable design initiatives listed in table F-1, Section 1004 of this ordinance. The amount of additional parking shall be determined by the Board of Supervisors; however, maximum parking shall not exceed ten (10) spaces per 1000 SF Gross Building Area.

15. Maximum Permitted Parking for Shopping Centers: 5.0 parking spaces per 1000 SF Gross Building Area provided that the shopping center incorporates at least two (2) of the four (4) sustainable design initiatives listed in table F-1, Section 1004 of this ordinance.

16. Parking setbacks:

a. Front Yard 20 feet

b. Side Yard to TNC lot 10 feet

c. Side Yard to TNC lot with shared parking 0 feet

d. Side Yard to other districts 75 feet

e. Rear Yard to TNC lot 10 feet

f. Rear Yard to TNC lot with shared parking 0 feet

g. Rear Yard to other districts 75 feet



SECTION 1004 SPECIAL REGULATIONS

A. All proposed buildings in the TNC zoning district shall be designed and constructed in accordance with the Design Guidelines for the Traditional Neighborhood Commercial District that are a part of this ordinance. Proposed land development applications submitted under this zoning ordinance shall seek to attain the Design Guideline Goals and meet the Recommendations for Construction as outlined in the Design Guidelines for the Traditional Neighborhood Commercial District

B. In order to reflect traditional development patterns and enhance pedestrian/motor vehicle safety, consideration shall be given to providing coordinated access management and shared parking between adjacent lots in the TNC district. These access management and shared parking techniques will include:

1. Shared parking between lots that are held in separate ownership. Shared parking requirements shall be based on a parking study conducted by a transportation planner / engineer and shall be based on the latest application standards and recommendations by the Urban Land Institute (ULI) and the Institute of Transportation Engineers (ITE). Shared parking between lots held in separate ownership shall be established through owner cross access agreements in a format acceptable to the Township. Provisions for the reduction of the total number of parking spaces required and for placing some required number of parking spaces in reserve, as governed by other sections of the zoning ordinance shall still be applicable.

2. Shared access driveways. All proposed developments in the TNC district shall provide for shared access driveways between adjacent lots. Applicants shall work cooperatively with the Township and adjacent property owners to the fullest extent possible to design and construct shared access driveways between properties that promotes and enhances safe and efficient vehicular circulation in the TNC zoning district.

C. All signs in the TNC district shall comply with the regulations provided for same in Article 17 hereof

D. Required shade trees may be planted in landscaping "islands" as per Article 19 or they may be planted in four (4) foot by four (4) foot tree pits located at the at the junction of parking space lines between parking bays. These tree pits may include expanded tree root zones with pervious paving and/or unit pavers to allow air and water to reach expanded tree root zones. All required trees shall be in a healthy and vigorous condition perpetually. Any trees judged by the Township not to be in a healthy and vigorous condition shall be immediately replaced by the owner, whether original owner or new owner.

E. Drive-through facilities for bank, restaurants, pharmacies or other permitted principal uses are allowed only by Conditional Use and in compliance with the following standards and criteria:

1. The vehicular circulation for any drive-though use shall be designed by a Professional Engineer specializing in transportation engineering. Proposed vehicular circulation shall be shown to be safe to the satisfaction of the Board of Supervisors and the Township Engineer.

2. Stacking spaces and drive through lanes shall not impede on and off site traffic movement, shall not cross or pass through off street parking areas, and shall not create a potentially unsafe condition for pedestrians.

3. Stacking spaces and drive through lanes shall not impede the use of or be directly adjacent to passenger or materials or trash loading and unloading areas. Where stacking spaces or drive through lanes are near to loading areas, they must be physically separated by a landscaped and curbed island at least five (5) feet in width and be equal to the length (or longest dimension) of the loading area.

4. Stacking spaces and drive through lanes shall be separated from off-street parking areas. Individual drive through lanes shall be striped and clearly marked on the pavement. Additionally, signage that clearly delineates use of the stacking spaces and drive through lanes must be a part of the site improvements.

5. Stacking spaces and drive through lanes shall be located toward rear yard of the property. If for some reason, stacking spaces and drive through lanes cannot be located toward the rear yard of a property, they may be located toward the side yard of a property. In no case shall stacking spaces and drive through lanes be permitted between the front of the building and the front yard property line. In the case of corner lots, the stacking spaces shall be located toward the side yard not facing a street (if placement in the rear yard is not possible).

6. Approach lanes for drive through facilities shall have the following minimum widths:

a. one lane = (twelve) 12 feet;

b. Two or more lanes = (ten) 10 feet per lane

7. All drive through facilities shall be provided with a bypass lane with a minimum width of ten (10) feet.

8. Each stacking space shall measure no less than ten (10) feet wide by twenty (20) feet long.

9. Stacking spaces shall not be counted toward required parking spaces.

Stacking Spaces shall be provided as follows:

1. Banks: eight (8) stacking spaces for the first drive up window and six (6) staking spaces for each additional window. If there is an ATM (automatic teller machine) only, then three (stacking spaces for each ATM are required.

2. Restaurant: eight (8) stacking spaces to the order box and four (4) stacking spaces from the order box to the pick up window.

3. Pharmacy: four (4) stacking spaces.

4. All other permitted uses: three (3) stacking spaces.

F. Sustainable Design Incentives

In an effort to encourage the implementation of sustainable design measures aimed primarily at conserving water and at maximizing groundwater recharge the following sustainable design measures are encouraged with corresponding development bonuses.

The use and cumulative use of sustainable design incentives provide for development bonuses as relates to:

1. Maximum number of principal uses per lot

2. Maximum disturbance of prime agricultural soils

3. Maximum disturbance or woodland

4. Maximum allowed number of parking spaces (see section 1003)

5. Maximum Site Coverage