Zoning Ordinance (see amendment to ordinance below.)
[HISTORY: Adopted by the Borough Council of the Borough of Downingtown 10-11-1989 by Ord. No. 89-14. Sections 287-84A(3) and 287-104C amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

Table of Contents

ARTICLE I General Provisions

287-1. Title; effective date
287-2. Purpose
287-3. Objectives
287-4. Interpretation; scope
287-5. Conflicts

287-158. Intent
287-159. Exclusions
287-160. Placement of telecommunications facilities by zoning district
287-161. Requirements for telecommunications facilities
287-162. Application procedures
287-163. Collocation
287-164. Nuisances
287-165. Maintenance of facilities; notice; removal
287-166. Abandoned towers; removal
287-167. Preexisting towers/nonconforming uses

ORDINANCE NO. 2002-09

AN ORDINANCE OF THE BOROUGH OF DOWNINGTOWN, COUNTY OF CHESTER, COMMONWEALTH OF PENNSYLVANIA, AMENDING THE ZONING ORDINANCE OF DOWNINGTOWN BOROUGH, AS AMENDED, (THE "ZONING ORDINANCE") BY CREATING AN UPTOWN TRANSPORTATION DEVELOPMENT DISTRICT ZONING CLASSIFICATION, DEFINING THE TYPES OF USES PERMITTED IN THE UPTOWN TRANSPORTATION DEVELOPMENT DISTRICT AND ESTABLISHING DEVELOPMENT STANDARDS FOR THE VARIOUS USES WITHIN THE DISTRICT.

     The Borough Council of Downingtown Borough, Chester County, does hereby enact and ordain as follows:

SECTION 1   287-7, "General Definitions", is amended by inserting the following sections in alphabetical order:

      Uptown Transportation Development Plan.  A plan or plans accompanied by written materials where such are necessary to describe, in graphic form and narrative form, the information required in a UTD Plan conditional use application under Article XVB of this Ordinance.  Such plan shall be a conceptual plan which visually and/or verbally defines and describes a comprehensively planned integrated mixed use development which qualifies under the UTDD requirements of Article XVB of this Ordinance.

     Municipalities Planning Code ("MPC").  The Pennsylvania Municipalities Planning Code, Act No. 247 of 1968, reenacted and amended by Act No. 170 of 1988, as it may be subsequently amended.

     Uptown Transportation Development.  A development of land in accordance with Article XVB of this Ordinance. 

and deleting the current definition of "Transportation Center" and replacing it with the following:

     Transportation Center.  A bus depot, limo center, taxi service, heliport, train station or other similar facility where passengers embark and/or disembark from any mode of public transportation, which may include commercial and retail uses as allowed by the applicable zoning district.  

SECTION 2.    A new Article XVB, entitled "UTDD - Uptown Transportation Development District" is hereby added to the Zoning Ordinance, as follows:

Article XVB

UTDD-Uptown Transportation Development District

287-69.11   INTENT

The Uptown Transportation Development District ("UTDD") is established for the following purposes:

A.  To provide an opportunity for comprehensively planned integrated mixed use development according to an Uptown Transportation Development Plan ("UTD Plan") consistent with the goals and objectives of the Borough and the County;

B.  To provide an opportunity for unified and harmonious development in order to establish continuity between uses in terms of character, scale, building massing, internal circulation patterns and open space;

C.  To provide highest and best use of the land near planned or existing transit facilities, i.e., transit oriented development which shall reduce the need for car trips, promote walking and pedestrian access to  transit from adjacent areas;

D.  To encourage uptown revitalization, downtown living, job creation, and economic development;

E.  To provide for flexible lot sizes, heights and building setbacks allowing an opportunity for imaginative, innovative design, mix of uses, maximum coordination and integration between the new development and existing neighboring land uses;

F.  To provide flexibility in design and use of tracts of land within the Borough consistent with the goals and objectives of the Borough Comprehensive Plan;and

G.  To provide for development that will promote uses consistent with the creation of jobs for Borough residents.  

287-69.12  ZONING OVERLAY CONCEPT AND ELIGIBILITY

A.  The UTDD of Downingtown Borough shall be deemed an overlay district on the otherwise applicable zoning districts as delineated on the Borough zoning map.  Said overlay shall become affixed to the land as the base zoning for the UTD Tract, as defined in Section 287-69.  12.B.  below (and the official zoning map of the Borough shall be amended accordingly) upon the approval by the Governing Body of an application for a zoning map change ("Map Change Application"); provided, however, that in the event that the construction of the Transportation Center as provided in the approved UTD Plan and as required by 287-69.13.C has not been completed within five years of the approval of the Map Change, or if the applicant or its successor notifies the Borough in writing that it does not intend to so complete such construction, the zoning of the UTD Tract shall revert to the zoning that existed immediately prior to the approval of the Map Change, and the Map Change shall be of no further force of effect.  For so long as the overlay district is affixed to the UTD Tract as provided herein, all general standards and regulations, standards and regulations relating to a particular use permitted by this Article XVB and standards and regulations applying to any underlying zoning district provided elsewhere in this Chapter shall continue to apply to such use or underlying district, as the case may be, except as modified by this Article XVB.  No Map Change Application shall be considered complete until such time as the applicant has agreed to deposit with the Borough financial security (in accordance with the provisions of the subdivision regulations in Chapter 256 of the Borough's Ordinance (the "SLDC")) or has provided evidence of public funding in an amount sufficient to cover the cost of all off-site improvements shown on the UTD Plan.  No building permit for the second phase of development within the UTDD shall be issued prior to a ) the issuance of a certificate of occupancy for the Transportation Center required by 287-69.13.C. and as provided in the UTD Plan; and b) the offer for dedication or conveyance of the roads as provided in the UTD Plan.  

B.  In order to be eligible for approval of a Map Change Application pursuant to this Section, all of the following eligibility criteria shall be met:

1.  The applicant or applicants shall own or control a contiguous Lot Area of not less than ten (10) acres, which shall constitute the UTD Tract.

2.  If the UTD Tract is not held in single ownership, all of the owners of the UTD Tract must join in the Map Change Application.

3.  Not less than seventy-five percent (75%) of the UTD Tract shall be zoned, at the time of the Map Change Application non-residential (C-1, C-2, C-3, R# and/or R-4).

4.  Not less than fifty percent (50%) of the UTD Tract shall be within two hundred feet (200') of existing rail lines, as measured from the track right-of-way.

287-69.13    MASTER DEVELOPMENT PLAN APPROVAL

A.  The UTD Plan is a conceptual, feasibility analysis of the manner in which the UTDD Ordinance will be implemented on the UTD Tract.

B.    1.    Development pursuant to the UTD Plan shall be in accordance with the zoning regulations established in 287-69.14, 287-69.15 and 287-69.16, and where applicable, with the regulations in the underlying zoning districts, provided that the UTD Plan conditional use approval shall be in lieu of any other requirement for a special exception or other form of use approval otherwise required in an underlying zoning district. 

       2.     Once the UTD Plan is approved, permits may be issued only pursuant to approved Land Development or Subdivision Plans consistent with the approved UTD Plan.

       3.     The UTD Tract may be subdivided for separate ownership or lease (or as otherwise required by the MPC or the SLDC), but only if the subdivision does not interfere with the development or use of the UTD Tract in accordance with the approved UTD Plan.

C.  In order to be eligible for the conditional use approval of a UTD Plan pursuant to this Article XVB, a portion of the UTD Tract shall be devoted to the construction of a Transportation Center, the architectural design of which must be approved by the Governing Body as part of the conditional use procedure.  The Transportation Center shall be developed concurrently with and phased with the first phase of development of the UTD Tract.  The Transportation Center shall be landscaped, and design standards and conceptual plans for the landscaping of the Transportation Center shall be submitted as part of the UTD Plan.  

D.  in keeping with the purposes of a UTDD, the UTD Plan shall promote a mix of uses in close proximity to each other, walk ability and good access to the transportation Center.  All off-street parking shall meet the requirements of 287-107 unless otherwise provided 287-69.16.B., and shall be in addition to any parking requirements of the owner of the rail lines which are part of the UTD Tract.  Provided, however, that it shall be the applicant's burden, as part of the UTD Plan conditional use procedure, to present evidence satisfactory to the Governing Body of the actual parking needs to be generated by a particular use; the Governing Body shall have the authority to reduce any parking requirements based upon evidence submitted by the applicant, and/or evidence submitted by other parties to the conditional use proceeding (including any evidence presented by the Governing Body's traffic consultant).  The Governing Body shall also have the authority to designate a portion of the parking to be reserved parking.  Required parking ratios may decrease as phases are built if demand for higher and better use and improved transit facilities justify that such ratios will be sufficient.  

E.  In keeping with the purpose of this Article XVB, the UTD Plan shall promote a network of circulation extending and completing the circulation patterns of surrounding areas to the extent practicable.  Design standards and guidelines for streetscapes and other circulation spaces shall be submitted as part of the UTD Plan.  

F.  The UTD Plan shall comply with the standards and criteria of this Article XVB, and may include some or all of the uses authorized in 287-69.14 below.  

287-69.14      USE REGULATIONS

There shall be permitted, upon conditional use approval by the Governing Body of an application for a UTD Plan, one or more of the following uses:

A.    Residential uses, including but not limited to Single Family Detached Dwellings, Two Family Dwellings, and Townhouses (Single Family Attached);

B.    General business, professional, government, and administrative offices, which may include structured parking;

C.    Restaurant (excluding Fast-Food with Drive-in Service), tea room, cafe', bar, retail bakery, confectionery, or other places preparing, selling and/or serving food or beverages;

D.    Transportation Center, which shall include structured parking and may include Retail Sales or other similar commercial uses, and Restaurant uses;

F.     Accessory uses to any of the uses permitted above; and 

G.     Any use permitted by the existing underlying zoning districts to which the UTD Tract is subject, except any warehouse use permitted therein.

287-69.15       AREA AND BULK REGULATIONS

A.    The following regulations shall govern all uses within the UTDD, when approved as part of a UTD Plan:

1.  Minimum Tract Area:  10 acres

2.  Maximum Building Coverage:  35% or as otherwise specified in sub-section B. below

3.  Maximum other Impervious Surface coverage:  45% or as otherwise specified in sub-section B. below

4.  Minimum distance between Buildings of different uses or between Buildings on adjacent subdivided lots within the UTD Tract:  30 ft.

B.  The following regulations shall govern the uses specified below within the UTDD, when approved as part of a UTD Plan:

1.  Residential Uses, as permitted by 287-69.14.A. above:

a.  Minimum Front Yard Setback:      15 ft.

b.  Minimum side Yard Setback:                                                                                           between attached units:                    0 ft.                                                                             between separate units:                   10 ft.

c.  Minimum Rear Yard Setback:       30 ft. 

d.  Minimum distance between Buildings:  20 ft.

e.  Maximum Building Coverage:               35%

f.  Maximum other Impervious Surface coverage:     40%

g.  Maximum Height of Building: 3 Stories, not to exceed 36'

h.  Maximum building Length: 124'

I.  Minimum lot Area:        3400 sf/Lot average  and 2200 sf/Lot minimum

J.  Minimum Lot width:        20 ft.

2.  Office Uses, as permitted by 287-69.14.B. above

a. Minimum Front Yard Setback:  25 ft.

b.  Minimum Side Yard Setback:  15 ft.

c.  Minimum Read Yard Setback:  30 ft. 

     Minimum Setback to track right-of-way:  40 ft.

d.  Minimum distance between Buildings:  30 ft.

e.  Maximum Building Coverage:  35 %

f.  Maximum other Impervious Surface Coverage:  40 %

g.  Maximum Height of Building:  3 Stories not to exceed 40 ft., except where Yard Setbacks are increased 2.5 ft. for every additional foot of building height over 40 ft, then 5 stories not to exceed 65'.

h.  Minimum Lot Area:  3 Acres

i.  Minimum Lot Width:  150 ft.

3.  Restaurant Uses, as permitted by 287-69.14.C. above:

 a.  Minimum Front Yard Setback:  10 ft.

 b.  Minimum Side Yard Setback:  15 ft.

 c.   Minimum Rear Yard Setback:  0 ft.

      Minimum Setback to track right-of-way:  0 ft.

      Minimum Setback to residential zoning district or use:   100 ft.

 d.  Minimum distance between Buildings:  20 ft.

 e.  Maximum Building Coverage:  35 %

  f.  Maximum other Impervious Surface Coverage:   55%

  g.  Maximum Height of Building:   3 Stories not to exceed 40'

  h.  Minimum Leasable Floor Area:  4,000 Sf.

   i.  Maximum Leasable Floor Area:  8,500 Sf.

   j.  Minimum Lot Area:  .5 Acres

  K. Minimum Lot Width:  240 ft.  

4.  Transportation Center, as permitted by 287-69.14.D. above

 a.  Minimum Front Yard Setback:  10 ft.

 b.  Minimum Side Yard Setback:  10 ft. 

 c.  Minimum Rear Yard Setback:  10 ft.

      Minimum Setback to track right-of-way:  0 ft.

 d.  Minimum distance between Buildings:  30 ft.

 e.  Maximum Building Coverage:  35%

 f.  Maximum other Impervious Surface Coverage:   40

 g. Maximum Height of Building:  3 Stories not to exceed 40' 

 h. Maximum Building Length:  200'

  i.  Minimum Lot Area:  .75 Acres

 j.  Minimum Lot Width:  120 ft.

5.  Parking garages, as permitted by 287-69.14.D above:

a.  Minimum Front Yard Setback:  0 ft.

     Adjacent to residential zoning district or use:  10 ft.

 b.  Minimum Side Yard Setback:  15 ft.

 c.  Minimum Rear Yard Setback:  0 ft.

      Minimum Setback to track right-of-way: 0 ft.

      Minimum Setback to residential zoning district or use:  30 ft. 

 d.  Minimum distance between Buildings:  30 ft.

 e.  Maximum distance between Buildings:  30 ft. 

 f.  Maximum other Impervious Surface Coverage:  5 %

 g.  Maximum Height of Building:  5 stories not to  exceed 44'

 h.  Minimum Leasable Floor Area:  45 spaces

  i.  Maximum Leasable Floor Area:  175 spaces

  j.  Minimum Lot Area:  1 Acre

  k.  Minimum lot width:  240 ft. 

287-69.16  DESIGN STANDARDS 

A.  The following standards of this chapter shall, as applicable, govern all uses within the UTDD, when approved as part of a UTD Plan:

      1.  Natural Features Protection Standards:  In accordance with the standards set forth in Article IV - Natural Features Protection Standards.

      2.  General Regulations:  In accordance with Article XVI - General Regulations and as follows:

a.  Landscaping and Site Design:

    i.  In accordance with Section 287-77-Landscape and Site Design.

    ii. In accordance with Section A293 - Boot Road Landscape Criteria.

b.  Buffering and Screening:  In accordance with Section 287-78-Buffering and Screening.  

c.  Storage:  In accordance with Section 287-79- Storage.

d.  Access and Traffic Control:  In accordance with Section 287-80-Access and Traffic Control.

e.  Interior Circulation and Lanes: In accordance with Section 287-81- Interior Circulation.

f.  Lighting:  In accordance with Section 287-82- Lighting, except that all street and parking lot fixtures shall be as required by Section 256-56.1 of the SLDC.

g.  Noise Standards:  In accordance with Section 287-83-Noise Standards.

h.  Environmental Performance Standards:  In accordance with Section 287-84-Environmental Performance Standards.  

i.  Protection of Groundwater:  In accordance with Section 287-85-Protection of Groundwater.

3.  Off street Parking and Loading:  In accordance with Article XVIII - Off-street Parking and Loading, except as provided in Section 287-69.16.B. below.

4.  Sign (for overall UTD Tract):  In accordance with Article XIX - Signs and with Article XIA - Central Business Overlay District.  

B.  The parking standards set for in Section 287-107 shall be modified as set forth in this sub-section within the UTDD for the uses specified below when approved as part of a UTD Plan:

          1.  Residential Uses, as permitted by 287-69.14.A above:   

               2 spaces per residential unit.

          2.  Office Uses, as permitted by 287-69.14.B above:

               3 spaces per 1000 Gross Square Feet.

          3.  Restaurant Uses, as permitted by 287-69.14.C above:

               1 space for every 4 seats or 1 space per 250 Gross Square Feet.

          4.  Retail, Commercial and Restaurant Uses, as permitted by 287-69.14.D                    above:

          5 spaces per 100 Gross Square Feet.

287-69.17.  CONTENT OF APPLICATION FRO APPROVAL OF UTD PLAN         

Applications for adoption of a Map Change Application and approval of a corresponding UTD Plan shall meet all procedural requirements for a zoning map amendment as required by the MPC and Article XXIII of this chapter, and shall include the submission of a UTD Plan and accompanying support data for the UTD Tract (the "UTD Plan Application"), as follows:

          A.    Uptown Transportation Development Plan  

                The base site plan for the UTD Plan shall be drawn at a scale of not less than one  (1) inch equals fifty feet (50') and shall contain information sufficient to assess the impact of future development of the UTD Tract, including, but not limited to, the following:

          1.  A plan showing the boundaries, total acreage and existing structures, easements, rights of way, streets, railroads, sewers and sewage systems and aqueducts of the UTD Tract.

          2.  The boundaries of each of the sub-districts within the entire UTD Tract, including, but not limited to :

          a.  a conceptual depiction of the location of and proposed use in each sub-district;

          b.  schematic groupings of buildings and structures (including a schedule of gross floor areas and heights);

          c.  total building area being proposed, represented by the total square gross footage of office, commercial, retail, total residential dwellings;   

          d.  a conceptual depiction of the proposed streetscapes and landscaped area. 

3.  The general vehicular and non-vehicular circulation pattern for the entire UTD Tract, including points of access to the UTD Tract, and the location, dimensions, rights-of-way and ownership of the major road network that will link sub-districts.  

4.  The source of and general methods by which water shall be supplied and sewage shall be treated and disposed, including where applicable proof of capacity availability from utility providers. 

5.  The location and proposed use and disposition (including the scheduling of such disposition) to be made of an open space and other common areas and facilities. 

6.  The location of, architectural renderings and reasonably detailed plans (including the size and locations of proposed uses therein) of the Transportation Center required by 287-69.13.C.

These elements shall be indicated in sufficient detail to serve as a firm commitment by the applicant with regard to the future development of the UTD Tract and for the Governing Body and the Planning Commission to evaluate the effect of the UTD Plan on the health, safety and general welfare of the Governing Body.  Except as otherwise set forth herein, a fixed and dimensional layout showing exact building locations, shapes, dimensions, landscape plans and sub-district requirements, such as is required for land development approval, shall not be required for UTD Plan approval.  

B.  Existing Features Analysis

In order to determine which specific areas of the UTD Tract are suitable for development and which areas should be preserved in their existing state, and analysis of existing features shall bye required.  The following considerations must be included in the analysis and site planning responsive to these findings:

1.  Topography.  An analysis of the terrain of the UTD Tract before, including two foot interval contour lines mapping of elevation and delineation of natural slope areas one-fourth acre or greater in extent according to the following categories:  0-15%, 15-25%, and over 25% slope.

2.  Drainage.  An analysis of existing drainage patterns and water resources including any streams, natural drainage swales, ponds or lakes, woodlands and marsh areas, floodplain areas, permanent and seasonal high water table areas which may affect development shall be included.  Schematic provisions of storm water management facilities and demonstrated compliance with the provisions of the existing storm water ordinances then in effect for the Borough accompanied by a written analysis and conclusions as to anticipated methods (prepared by a professional engineer) shall be included.

3.  Geology.  An analysis of the characteristics of rock formations underlying the site which may affect development. 

4.  Soils.  An analysis of soil types present on the site including if significant delineation of any Flood Plain Soils, prime agricultural soils, aquifer recharge soils, unstable soils, soils most susceptible to erosion, and soils suitable for development.  The analysis of soils shall be based on the County Soil Survey of the Soil Conservation Service.  

5.  Vegetation.  A plan showing the location of areas of significant natural growth, trees and other plant cover.  

6.  Flood Areas.  A delineation of Flood Plain areas shall be required.  

Where approved by the Governing Body, the applicant may provide a fee in-lieu of the foregoing analysis requirements. 

C.    Market Analysis.  A market analysis shall accompany the UTD Plan and be made part of the UTD Plan Application.

D.    Environmental Impact Analysis.  An environmental impact analysis shall accompany the UTD Plan and be made part of the UTD Plan Application. 

E.    Transportation Impact Analysis.  A transportation impact analysis of the UTD Tract and roadways within five miles of the boundary of the UTD Tract shall accompany the UTD Plan and be made part of the UTD Plan Application.  Such analysis shall include reasonably detailed plans and a projected phasing schedule of off-site improvements.

F.    Community and Fiscal Impact Analysis.  A community and fiscal impact analysis shall accompany the UTD Plan and be made part of the UTD Plan Application.  

G.    Escrow/Public Funding for Off-Site Improvements.  An agreement signed by the Applicant to deposit with the Borough financial security (in accordance with the provisions of the subdivision regulations in Chapter 256 of the SLDC) or evidence of public funding in an amount sufficient to cover the cost of all off-site improvements shown on the UTD Plan shall accompany the UTD Plan and be made part of the UTD Plan Application. 

H.    Additional Information

       The following additional information shall accompany the UTD Plan and be made part of the UTD Plan Application

1.  A narrative describing how the proposed UTD Plan Application complies with each of the statements of intent under 287-69.11.

2.  A narrative generally describing proposed covenants, restrictions and development standards for the UTD Tract.  

3.  A narrative description of existing zoning and land uses on, and adjacent to, the UTD Tract.

4.  An inventory of historical resources and existing open space, if any, and recreation areas on the UTD Tract.  

287-69.18.  PROCEDURES

The following procedures shall apply to the designation of a UTDD and the underlying subdistricts:

A.  Application for Zoning Map Change

The Map Change Application shall be submitted to the Governing Body together with such fee and such forms as may be prescribed by the Governing Body, which shall, within thirty (30) days of submission of a complete Map Change Application, refer to the application of the County and Borough Planning Commissions as required by Article XXIII.  Not later than sixty (60) days after submission of the Map Change Application, plans and supporting information, the Governing Body shall hold a public hearing to consider the application, pursuant to public notice and posting of the UTD Tract as required by the MPC for a zoning map change.  The Governing Body, within forty-five (45) days following the conclusion of the public hearing, shall, by written notice to the applicant, grant or deny approval to the Map Change Application.  

B.  Conditional Use Review of UTD Plan Application

The UTD Plan Application shall be submitted to the Governing Body together with such fee and such forms as may be prescribed by the Governing Body, which shall, within thirty (30) days of submission of a complete UTD Plan Application, refer the UTD Plan Application to the County and Borough Planning Commissions as required by Article XXIII.  Not later than sixty (60) days after submission of the UTD Plan Application, plans and supporting information, the Governing Body shall hold a public hearing to consider the UTD Plan Application, pursuant to public notice and posting of the UTD Tract as required by the MPC for a zoning map change.  The Governing Body, within forty-five (45) days following the conclusion of the public hearing, shall, by written notice to the applicant:

1.  Grant approval to the UTD Plan Application as submitted;

2.  Grant approval to the UTD Plan Application, subject to specified conditions not included in the UTD Plan Application as submitted; or

3.  Deny approval to the UTD Plan Application.

C.  Authority to Combine Hearings

The Governing Body shall have the authority to combine into one hearing, the hearings and notice required by this Section for the Map Change Application and for the UTD Plan Application. 

D.  Criteria For UTD Plan Application Review

The Governing Body shall approve, approve with conditions, or deny a UTD Plan Application with findings and conclusions theron.  Decisions pertaining to a particular phase shall include review and recognition of the entire UTD Plan.  Decisions in all phases shall be based on the following criteria:

1.  The extent to which the UTD Plan is consistent with the Borough and County Comprehensive Plans;

2.  The extent to which the UTD Plan's general design and character is reasonably compatible with surrounding properties, including both the improved and natural environment, as well as the following design elements:

a.  Anticipated building locations, bulk, and height. 

b.  Location and design of streets, access, and parking.

c.  The mix of proposed land uses.

Site design techniques that concentrate development, minimize grading, soil erosion and water quality impacts, or otherwise preserve significant natural features shall be incorporated to the extent reasonably practicable, unless it can be demonstrated that other site design techniques will accomplish a similar level of preservation. 

4.  The extent to which the UTD Plan provides safe and adequate transportation systems including: vehicular and pedestrian access to and from the UTD Plan Tract, including on-site circulation; pedestrian, bicycle and transit circulation, including related facilities, among buildings and related uses on the development site, as well as to adjacent and nearby residential areas, transit stops, neighborhood activity centers, office parks, and industrial parks.  

5.  The extent to which the UTD Plan is consistent with the public health, safety and welfare of the public. 

6.  The extent to which public facilities and services will be impacted by the development in the UTD Plan.

7.  The extent to which residents of the development in the UTD Plan have sufficient usable recreation, outdoor living area and open space that is convenient and safely accessible.

8.  The extent to which the UTD Plan creates significant negative impacts from storm water runoff on natural drainage courses either on-site or downstream, including, but not limited to, erosion, or transport of sediment due to increased peak flows or velocity.

The Development process includes both a UTD Plan and Land Development Plan.  The approval of a UTD Plan shall not obviate the need for all land development plan approvals otherwise required by the SLDC; the final Land Development Plan shall be required to ensure that approval conditions are met. 

E.  Authority to Attach Reasonable Conditions to Approval

In approving the UTD Plan Application, the Governing Body may attach such reasonable conditions and safeguards to any approval, in addition to those expressed in this Article, as it may deem necessary to protect the health, safety, and welfare of the Borough residents. 

F.  Submission of Subdivision and Land Development Plan

Approval of the UTD Plan Application shall not effect a subdivision or land development of any part of the UTD Tract.  The developer, or any successor to the developer, for all or any portion of the development of the UTD Plan, shall comply with the SLDC to the extent that Chapter is not inconsistent with the approved UTD Plan.  the application may include a subdivision and/or land development plan for the first phase of development of the UTD Plan.  Conditional use approval of the UTD Plan Application by the Governing Body will be in lieu of any other zoning or use approval otherwise required with respect to uses approved as part of the UTD Plan Application.  

G.  Building Permits

The Zoning Officer shall not issue any building permits for the second phase of development within the UTDD prior to: a) the issuance of a certificate of occupancy for the Transportation Center required by 287-69.13.C. and as provided in the UTD Plan; and b) the offer for dedication or conveyance of the roads as provided in the UTD Plan.  

H.  Vested Right to Proceed

The applicant, or any successor to the applicant, for all or any portion of the development of the UTD Plan, shall have a vested right to proceed according to the UTD Plan Application, and no subsequent change or amendment to the zoning, subdivision and land development ordinance, or other governing ordinance or regulation, shall be applied to affect adversely the right of the applicant, or any successor, to commence or complete any aspect of the approved UTD Plan Application, or materially increase the amount of site improvements or the projected cost of construction of buildings and site improvements, for a period of fifteen (15) years from the date of conditional use approval of the UTD Plan Application. 

I.  Amendment of UTD Plan Application

1.  Once the UTD Plan is approved, permits may be issued only pursuant approved Land Development Plans which are consistent with the approved UTD Plan.  

2.  The Governing Body may permit amendment of the UTD Plan upon application for amendment by an applicant representing the entirety of, or any portion of, the UTD Plan by following the procedures and criteria outlined in Subsections B, C, and D of 287-69.18.

SECTION 5.  This ordinance shall take effect five days after enactment.  

ENACTED AND ORDAINED this 8th day of January, 2003.