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Township of Marple, PA
Delaware County
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Table of Contents
Table of Contents
A. 
Permitted uses. Uses are permitted in residential districts in accordance with § 300-19. Accessory uses are permitted in accordance with Article XIII.
B. 
Special exception uses. The Zoning Hearing Board is authorized to grant special exceptions for uses specified in § 300-19 for applications meeting the following criteria:
(1) 
The use shall not generate high levels of vehicular traffic, nor noise, noxious odors, air pollution or glare;
(2) 
The manner, location and hours of operations and of deliveries to the premises shall be compatible with the daily cycle of active and quiet periods associated with any adjacent residential uses.
C. 
Off-street parking and loading. Off-street parking and loading shall be provided in accordance with Article XI.
D. 
Buffers. Buffers shall be provided in accordance with Article X.
E. 
Signs. Signs shall be in accordance with Article XII.
F. 
Sewer and water facilities. All development in residential districts shall be served by water facilities and sanitary sewer facilities acceptable to the Township Commissioners and subject to the approval of the Pennsylvania Department of Environmental Protection or its successor agency and the appropriate municipal authority providing local central water or sewer facilities.
G. 
Permanent open space design standards. Permanent open space required in accordance with certain sections of this article shall be designed in accordance with the following standards:
(1) 
Permanent open space shall be so designated on the plans and the plans shall contain a notation stating, "Permanent open space shall not be separately sold and shall not be further developed or subdivided";
(2) 
Permanent open space shall be contiguous to the development, not separated by existing streets and shall not be a part of any lot within the development;
(3) 
Each area of permanent open space shall contain not less than 10,000 square feet;
(4) 
Permanent open space areas shall be designed as a continuous system of open space and shall be interconnected with open space areas on abutting parcels whenever possible;
(5) 
Permanent open space shall be provided with safe and convenient access to the residentially developed area of the tract by adjoining frontage on streets or easements capable of accommodating pedestrian, bicycle and maintenance vehicle traffic. The permanent open space shall contain appropriate access improvements and shall be provided with perimeter parking areas where appropriate;
(6) 
Permanent open space shall predominantly consist of natural environmental features or planted and maintained vegetation that may contain walking, biking or equestrian trails. Permanent open space may also contain impervious surface areas such as tennis courts, clubhouses or other active recreation facilities, but such active recreation facilities shall consist of less than 25% of the permanent open space;
(7) 
Permanent open space shall be configured so as to create areas of adequate size and shape to permit a variety of uses, active or passive, throughout the system.
H. 
Permanent open space offer of dedication. Permanent open space required in accordance with certain sections of this article shall be offered for dedication to the Township, although the Township need not accept any such offers.
I. 
Permanent open space ownership and maintenance. Provision for ownership and maintenance of the permanent open space shall be made in a manner so as to ensure its preservation. This shall be accomplished in one of the following manners:
(1) 
The Township may accept dedication of the permanent open space or any interest therein for public use and maintenance, but the Township need not accept a dedication of the permanent open space.
(2) 
With permission of the Township and with appropriate deed restrictions in favor of the Township and in language acceptable to the Township Solicitor, the developer may transfer the fee simple title in the permanent open space or a portion thereof to a private, not-for-profit organization among whose purposes is the conservation of open space land and/or natural resources, provided that:
(a) 
The organization is acceptable to the Township and is a bona fide conservation organization with a perpetual existence;
(b) 
The conveyance contains appropriate provision for proper retransfer or reverter of title to the Township in the event that the organization becomes unable or unwilling to continue to carry out its functions; and
(c) 
A maintenance agreement acceptable to the Township is entered into by the developer, the organization and the Township.
(3) 
The developer shall provide for and establish an organization for the ownership and maintenance of the permanent open space consistent with the requirements for unit owners' associations found in the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq. If such an organization is created, the deeds for the permanent open space and for all individual lots within the development shall contain the following requirements in language acceptable to the Township Solicitor:
(a) 
Such organization shall not dispose of the permanent open space by sale or otherwise except to the Township unless the Township has given prior approval. Such transfer shall be made only to another organization which shall maintain the permanent open space in accordance with the provisions of this chapter;
(b) 
The organization and all lot owners within the development shall agree to maintain the permanent open space. If private ownership fails to do so, the Township may proceed to maintain deteriorating open space and may assess and lien the properties with in the development accordingly;
(c) 
All lot owners shall be required to become members of the organization and shall pay assessments for the maintenance of the permanent open space, which may be adjusted as required and may provide for professional management.
J. 
Performance standards. Any activity or use in residential districts shall comply with the performance standards of Article VI, § 300-44E.
K. 
Portable storage containers. Portable storage containers may only be used in compliance with this subsection.
[Added 8-11-2008 by Ord. No. 2008-7]
(1) 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
PORTABLE STORAGE CONTAINERS
Portable sheds (hereinafter referred to as "PSCs") that are loaded with materials and placed on a residential property for the purpose of storing and moving household materials.
(2) 
Application; fee.
(a) 
Before placing a PSC unit on a property, a person must submit an application and receive permission from the Township.
(b) 
An insurance certificate providing liability insurance in the amount of $100,000 provided by the company supplying the PSC must accompany the application.
(c) 
There is a twenty-five-dollar fee for the permit. Each and every application for a permit and/or extension of a permit must be accompanied by an additional twenty-five-dollar fee.
(d) 
Applications can be requested from the Code Enforcement Officer.
(3) 
Duration.
(a) 
Permits will be granted for a maximum of 30 days.
(b) 
At the expiration of the thirty-day period, applicants may seek to extend their permits for an additional 30 days by seeking an extension for cause from the Code Enforcement Officer.
(c) 
Extension of a permit will cost $25 for each 30 days granted.
(d) 
Permit extensions cannot exceed a total of six months during a one-year period from the original permit issue date.
(e) 
The Code Enforcement Officer shall only grant an extension where the property owner demonstrates:
[1] 
An extension permit may be issued for a period not to exceed six months or for the period of an active building permit, whichever is shorter in duration, in instances where a dwelling has been destroyed or damaged by casualty and only when such dwelling is to be rebuilt or repaired.
(f) 
For good cause shown and demonstrated, the Township Board of Commissioners may extend the permit for a period greater than six months.
(4) 
Contents.
(a) 
The use of the PSC cannot be for the storage of any commercial or business-related items. The use of the PSC must be for temporary relocation of items from or for the premises the permit indicates only. No items from any locations other than the premises indicated on the permit (the premises on which the PSC is located) can be stored in the PSC.
(b) 
Hazardous materials including flammable and biohazard substances shall not be stored in the containers.
(5) 
Location.
(a) 
PSC units are prohibited from being placed on the streets or the front yard of a property.
(b) 
No PSC shall be placed on a side yard of a corner property which fronts on a street.
(c) 
All PSCs must be placed on paved off-street surfaces.
(d) 
PSCs shall not be located in any required open space, landscaped area, on any sidewalk or trail, or in any location that blocks or interferes with any vehicular and/or pedestrian circulation, and shall be located in accordance with all applicable building and fire code regulations for the purpose of ensuring safe ingress and egress to dwellings, access to utility shut-off valves, and for fire protection. Such containers shall also be subject to the sight distance provisions of § 265-28 of this Code.
(6) 
Number, size and condition.
(a) 
Only one PSC unit may be placed on any residential property at one time.
(b) 
No PSC shall exceed a maximum size of eight feet by eight feet by 16 feet (124 square feet).
(c) 
All portable storage containers shall be in a condition free from rust, peeling paint and other forms of deterioration. It shall be the responsibility of the permit holder to maintain the storage unit rodent, vermin and insect free.
(7) 
Advertising. The PSC unit must not contain any excessive advertising beyond the identification of the company name and phone number of the company which placed the container on the property.
(8) 
Violations and penalties. Any person who shall place a PSC unit in violation of this subsection shall be cited and, upon conviction by a District Justice, be sentenced to pay a fine not exceeding $500. Each day that a violation continues shall constitute an additional violation.
The Table of Permitted Uses - Residential is included at the end of this chapter.
A. 
The Table of Development Standards — Districts R-A, R-B, R-C, R-1, R-1A, R-2, R-3, R-4 is included at the end of this chapter.
B. 
The Table of Development Standards — Districts RMD, RMHD, RHD is included at the end of this chapter.
C. 
The Table of Development Standards — Cluster is included at the end of this chapter.
A. 
Permitted uses. Uses are permitted in R-A Residential Districts in accordance with § 300-19. Specified uses are allowed as special exceptions in accordance with § 300-18B when authorized by the Zoning Hearing Board. Cluster development may be undertaken under the provisions of § 300-32. Accessory Uses are permitted in accordance with Article XIII.
B. 
Development standards. Development shall occur in accordance with the standards of § 300-20A.
A. 
Permitted uses. Uses are permitted in R-B Residential Districts in accordance with § 300-19. Specified uses are allowed as special exceptions in accordance with § 300-18B when authorized by the Zoning Hearing Board. Cluster development may be undertaken under the provisions of § 300-32. Accessory uses are permitted in accordance with Article XIII.
B. 
Development standards. Development shall occur in accordance with the standards of § 300-20A.
A. 
Permitted uses. Uses are permitted in R-C Residential Districts in accordance with § 300-19. Specified uses are allowed as special exceptions in accordance with § 300-18B when authorized by the Zoning Hearing Board. Cluster development may be undertaken under the provisions of § 300-32. Accessory uses are permitted in accordance with Article XIII.
B. 
Development standards. Development shall occur in accordance with the standards of § 300-20A.
A. 
Permitted uses. Uses are permitted in R-1 Residential Districts in accordance with § 300-19. Accessory uses are permitted in accordance with Article XIII.
B. 
Development standards. Development shall occur in accordance with the standards of § 300-20A.
A. 
Permitted uses. Uses are permitted in R-1A Residential Districts in accordance with § 300-19. Accessory uses are permitted in accordance with Article XIII.
B. 
Development standards. Development shall occur in accordance with the standards of § 300-20A.
A. 
Permitted uses. Uses are permitted in R-2 Residential Districts in accordance with § 300-19. Accessory uses are permitted in accordance with Article XIII.
B. 
Development standards. Development shall occur in accordance with the standards of § 300-20A.
A. 
Permitted uses. Uses are permitted in R-3 Residential Districts in accordance with § 300-19. Accessory uses are permitted in accordance with Article XIII.
B. 
Development standards. Development shall occur in accordance with the standards of § 300-20A.
A. 
Permitted uses. Uses are permitted in R-4 Residential Districts in accordance with § 300-19. Accessory uses are permitted in accordance with Article XIII.
B. 
Development standards. Development shall occur in accordance with the standards of § 300-20A.
A. 
Permitted uses. Uses are permitted in RMD Residential Districts in accordance with § 300-19. Accessory uses are permitted in accordance with Article XIII.
B. 
Development standards. Development shall occur in accordance with the standards of § 300-20B.
A. 
Permitted uses. Uses are permitted in RMHD Residential Districts in accordance with § 300-19. Accessory uses are permitted in accordance with Article XIII.
B. 
Development standards. Development shall occur in accordance with the standards of § 300-20B.
[Added 1-10-2005 by Ord. No. 2005-2A]
A. 
Intent. The intent of this section is to provide specific opportunities for residential development for a large tract of land when allowed as a conditional use and to establish standards and criteria under which a RMHD Overlay District shall be permitted. Furthermore, it is the intent of this section to encourage the following objectives:
(1) 
Permit a more attractive, varied arrangement of dwelling units and open space on a particular tract.
(2) 
Allow specific parcels of land to be developed more efficiently and economically than is possible under standard lot-by-lot zoning.
(3) 
Preserve and enhance the character and integrity of historically and architecturally significant structures.
(4) 
Allow for reasonable amount of development while providing maximum design and planning flexibility in order to accomplish the above-stated objectives.
B. 
Eligibility/prerequisites for RMHD Overlay District. Conditional use approval as a RMHD Overlay District may be requested, subject to the provisions of this section, on sites meeting the following criteria:
(1) 
Tract location. The land shall be located in a RMHD Residential District.
(2) 
Tract size. The minimum tract size shall be 30 acres.
(3) 
Ownership. The tract of land to be developed shall be in one ownership or shall be the subject of an application filed jointly by 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.
(4) 
Open space provision/suitability. At least 35% of the gross area of the tract must be suitable and reserved for use as open space, such as conservation or outdoor passive recreational use.
(5) 
Sewer and water facilities. A RMHD Overlay District shall be served by a public water source and a public sewer system acceptable to the Board of Commissioners.
(6) 
Frontage on a state road or state right-of-way. The tract shall have a minimum of 600 linear feet of frontage on a state road or state right-of-way.
(7) 
Development plan. The application for development shall be accompanied by a plan or plans showing the use of the entire tract. The plan shall clearly designate the proposed uses and the locations reserved for buildings and facilities within each area of the tract, though the areas reserved for conservation or outdoor recreational use may be relieved from strict compliance with normal land development plan requirements.
C. 
Use regulations. A tract may be used or occupied and a building may be erected, altered or used for any of the following purposes and no other:
(1) 
Uses are permitted in the RMHD Overlay District in accordance with § 300-19. Accessory uses are permitted in accordance with Article XIII.
(2) 
Passive outdoor recreational uses, such as parks, nature study areas and trails.
(3) 
Conservation uses, including woodlands, meadows, lakes, ponds, streams and related resources.
(4) 
The accessory uses or those authorized by special exception in a residential district when recognized as consistent with the purposes of this RMHD Overlay District and allowed by the township as part of the conditional use approval.
(5) 
Community facilities or similar uses, provided they are intended for the prospective residents of the development or in public not-for-profit neighborhoods or municipal facilities.
D. 
Development standards. Development requirements for the RMHD Overlay District are as follows:
(1) 
Development shall occur in conformance with the standards as outlined in § 300-20B; provided, however, the maximum permitted density shall not exceed 10 units to the developable acre.
(2) 
Community facilities or similar uses must be provided for the use of the prospective residents of the development.
(3) 
Buffer area from a stream corridor. The tract shall include a buffer area measuring 150 feet as measured from the top of bank of any stream corridor. No disturbance shall be permitted within the buffer area except for the construction of any trails, emergency accesses and any storm water transmission piping and associated structures. The buffer area shall also be inspected by a registered landscape architect who shall make recommendation for the elimination of invasive species and the incorporation of supplemental plantings to encourage the promotion of stream quality.
(4) 
Intrusion of a building, driveway, storm water management facility or utility line within a steep or very steep slope shall be permitted to the extent it is determined that it will not adversely affect the property or neighboring properties.
(5) 
All historic structures, as defined in the township ordinances, shall be preserved.
(6) 
The development shall incorporate best management practices ("BMP") and reforestation. BMPs shall include those measures recommended, where allowable by site characteristics, by the DEP's manual of best management practices and current N.P.D.E.S. guidelines. BMPs shall be approved by the Township Engineer. The reforestation shall be accomplished in accordance with the Township's ordinances.
E. 
Conditional use approval criteria. In addition to the requirements of Article XVI, § 300-131 and Article XVII, § 300-136G and H, it will also be the applicant's burden to demonstrate that the following conditions are satisfied prior to the approval of the tract or portion for use under the provisions of § 300-30.1 by the Board of Commissioners. No tract shall be eligible for such use hereunder, unless it first meets the following conditions:
(1) 
The design and development of the tract shall provide for the conservation of land, the preservation and maintenance of existing historic structures and protection of natural resources.
(2) 
Notwithstanding the provisions of Article IX, § 300-62, buildings, utilities or other elements of development may be located within steep and very steep slopes, when considered consistent with the underlying purpose of this district and § 300-30.1D(4).
(3) 
Acceptance of additional conditions which may be imposed by the Board of Commissioners at the time of the conditional use application based upon the specifics of use.
A. 
Permitted uses. Uses are permitted in RHD Residential Districts in accordance with § 300-19. Accessory uses are permitted in accordance with Article XIII.
B. 
Development standards. Development shall occur in accordance with the standards of § 300-20B.
A. 
Cluster development - intent. The intent of this section is to establish standards and criteria that permit the clustering of homes on reduced-sized lots in the R-A, R-B and R-C Residential Districts, in return for the permanent preservation of usable and/or environmentally sensitive open space. Furthermore, it is the intent of this section to encourage the following objectives:
(1) 
Permit a more attractive, varied arrangement of dwelling units and open space on a particular tract and encourage the preservation of views of open land.
(2) 
Allow specific parcels of land to be developed more efficiently and economically and with greater environmental sensitivity than is possible under standard lot-by-lot zoning.
(3) 
Preserve natural features such as tree masses, stream valleys, woodlands, scenic vistas and other natural features that are appropriate for park, recreation and/or other open space purposes.
(4) 
Preserve and enhance the character and integrity of historically and architecturally significant structures and their settings.
(5) 
Enable the creation and maintenance of open space in order to accomplish the above stated objectives.
(6) 
Allow for a reasonable amount of development while providing maximum design and planning flexibility in order to accomplish the above stated objectives.
B. 
Eligibility/prerequisites for cluster development. Development may be undertaken under the provisions of this section on sites meeting the following criteria:
(1) 
Tract location: The land shall be located in the R-A, R-B or R-C Residential Districts.
(2) 
Tract size: Minimum tract sizes shall be subject to the underlying district designations and according to the schedule outlined in § 300-20C.
(3) 
Open space provision/suitability: At least 20% of the gross area of the tract must be suitable for use as open space, in conformance with the standards of § 300-18G and shall be permanently reserved for open space uses.
(4) 
Sewer and water facilities: All cluster development shall be served by central water facilities and public sanitary sewers or other centralized facilities acceptable to the Board of Commissioners and subject to the approval of the Pennsylvania Department of Environmental Protection or its successor agency and the appropriate servicing authority.
(5) 
Ownership: The tract of land to be developed shall be in one ownership or shall be the subject of an application filed jointly by 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.
(6) 
Development plan: The application for development shall be accompanied by a plan or plans, showing the detailed use of the entire tract. The plan shall clearly designate the proposed use(s) and building and facility locations of each area of the tract.
(7) 
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 the agreement embodying all details regarding compliance with this section to assure the binding nature thereof for the overall tract and its development. The agreement shall be recorded with the final development plan.
(8) 
Subdivision of tract: The subdivision of the tract into lots may occur only for financial purposes and not so as to permit individual lots to be treated as independent parcels for separate land development at a future time. Subdivision of the tract may occur only when deed restrictions are executed and recorded that maintain the lots as an integral part of the total tract land development.
C. 
Use regulations. A building may be erected, altered or used and a lot may be used or occupied for any of the following purposes and no other:
(1) 
Residential dwellings, according to the schedule outlined in § 300-20C.
(2) 
Open space and recreation areas, including indoor recreation facilities, community facilities or similar uses, provided they are intended for the prospective residents of the development or in public not-for-profit neighborhood or municipal facilities.
(3) 
Accessory uses normally allowed in a residential district and permitted in the R-A, R-B or R-C Residential Districts.
(4) 
Uses authorized by special exception in R-A, R-B or R-C Residential Districts.
D. 
Density regulations. The total number of dwelling units per developable acre shall not exceed the maximums indicated in the schedule outlined in § 300-20C. The maximum density for a tract of land determined by this method shall supersede any lot area regulations that may allow greater densities.
E. 
Development standards. Development shall occur in conformance with standards as outlined in § 300-20C.
F. 
Historic resources. In a development undertaken under the provisions for cluster development, the maximum permitted tract density may be increased by 10% above the respective district maximum density per developable acre for cluster development, as outlined in § 300-20C, where the tract of land for development contains a Township historic resource to be preserved as part of the development plan.
G. 
Permanent open space.
(1) 
Design standards. Permanent open space shall be designed in accordance with the standards of § 300-18G of this article.
(2) 
Offer of dedication. Open space required as part of any cluster development shall be offered for dedication to the Township, although the Township need not accept any such offers.
(3) 
Ownership and maintenance. Provision for ownership and maintenance of the permanent open space shall be made in accordance with § 300-18J of this article.
A. 
Intent. In accordance with Article VII of the Pennsylvania Municipalities Planning Code,[1] the Township adopts this section to:
(1) 
Provide increased flexibility in the laws governing the development of those areas in the Township that are now substantially open land and to encourage such development in directions that recognize both the changes in design and technology in the building industry and the new demands in the housing market.
(2) 
Ensure that the uniform regulations appropriate to previously developed residential neighborhoods do not operate to discourage efficient and imaginative development of substantially open areas consistent with the reasonable enjoyment of neighboring properties.
(3) 
Encourage the more efficient allocation and maintenance by private initiative of common open space ancillary to new residential areas.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
Permitted uses. The following uses are permitted as a planned residential development in an R-A, R-B, R-C and R-1 District and shall be limited to:
(1) 
Single-family detached, two-family, three- or four-family or multifamily dwellings, provided that at least 60% of the units are single-family detached dwellings.
(2) 
Nonresidential uses of a recreational, educational and institutional character to the extent they are designed to serve the residents of the planned residential development and are in accordance with § 300-33G and H.
[Amended 5-11-1998 by Ord. No. 98-11]
C. 
Minimum tract size. The minimum tract size for a planned residential development shall be 50 acres, provided, however, that planned residential development qualifying as housing for older persons within the meaning of the Federal Fair Housing Act, as amended, shall be permitted on a minimum tract size of 30 acres.
D. 
Density regulations.
(1) 
The maximum density computed over the entire tract shall not exceed the total number of units computed by the following method: Total tract acreage, minus all designated environmentally sensitive areas, shall be divided by the minimum lot size prescribed by the Zoning Ordinance for the zoning district in which the planned residential development is proposed, times a factor related to minimum lot size as follows:
[Amended 5-11-1998 by Ord. No. 98-11]
Minimum Lot
(square feet)
(acres)
Factor
80,000
1.83
2
40,000
0.91
1.75
20,000
0.45
1.5
Under 20,000
1.0
(2) 
For sites that are zoned PRD, the maximum density computed over the entire tract shall not exceed four units per acre of tract area.
(3) 
Density of each type of permitted development shall not exceed the following limits within a use area (i.e., any area of land allocated to a single category of land use):
(a) 
The maximum residential density for three- or four-family dwellings or multifamily dwellings use areas shall not exceed 10 dwelling units per acre and not more than six dwelling units are permitted in a single attached row.
(b) 
The maximum residential density for two-family dwellings use areas shall not exceed six dwelling unites per acre.
(c) 
The maximum residential density for single-family detached dwellings use shall not exceed three dwelling units per acre:
(4) 
Density of each type of permitted development shall not exceed the following limits within a use area (i.e., any area of land allocated to a single category of land use):
(a) 
The maximum residential density for three- or four-family dwellings or multifamily dwellings use areas shall not exceed 10 dwelling units per acre and not more than six dwelling units are permitted in a single attached row.
(b) 
The maximum residential density for two-family dwellings use areas shall not exceed six dwelling unites per acre.
(c) 
The maximum residential density for single-family detached dwellings use areas shall not exceed three dwelling units per acre.
(5) 
For the purposes of this Subsection D, the acreage set aside under Section I as common open space shall not be included for computation of density of use areas for any residential or institutional land use, but may be included for computation of overall density.
E. 
General site planning.
(1) 
Existing trees shall be preserved wherever possible. The location of trees must be considered when planning the common open space, location of buildings, underground services, walks, paved area, playgrounds, parking areas and finished grade levels.
(2) 
The developer shall state the means whereby trees and other natural features will be protected during construction. Excessive site clearing of topsoil, trees and natural features before the commencement of building operations will be discouraged by the Board of Commissioners.
(3) 
The finished topography of the site shall adequately facilitate the proposed development without excessive earth moving and destruction of this and other natural amenities and shall be graded in accordance with the design standards of the Township of Marple Grading and Soil Erosion Ordinance.[2]
[2]
Editor's Note: See Ch. 159, Grading, Drainage and Erosion Control.
(4) 
Natural features such as lakes, streams, topsoil, trees and shrubs shall be preserved and incorporated into the final landscaping of the development whenever possible.
(5) 
Seeding, sodding and other planting shall be applied to stabilize topsoil on steep slopes and enhance the appearance of open areas.
(6) 
Where adequate surface drainage is not possible by means of grading alone, a supplementary drainage system to be approved by the Township Engineer will be required.
(7) 
All housing shall be designed with regard to topography and natural features of the site. The effects of prevailing winds, seasonable temperatures, most scenic views and hours of sunlight on the physical layout and form of the proposed land use and building shall be taken into account.
(8) 
To create architectural interest in the arrangement and character of housing fronting streets, variations in housing setbacks will be encouraged.
(9) 
All housing should be located so as to provide adequate privacy and ensure natural light in all principal rooms.
(10) 
Routes for vehicular and pedestrian access and parking access shall be convenient without creating nuisances or detracting from privacy.
(11) 
The location and arrangement of buildings and open spaces must be shown so that the Board of Commissioners may review the intensity of land use and serve the public interest by protecting neighboring land uses.
F. 
Dimensional requirements.
(1) 
No building or structure shall be more than 30 feet in height measured from the mean level of the ground surrounding the building to the point midway between the eaves and the peak, unless authorized as a special exception.
(2) 
No dwelling shall be within 40 feet of the curb of any road.
(3) 
In the case of a single-family detached dwelling, there shall be two side yards, one on each side of the main building, together having an aggregate width of not less than 30 feet but neither having a width of less than 12 feet.
(4) 
There shall be a rear yard, the depth of which shall be at least 25 feet.
(5) 
No housing structure shall be erected within 35 feet of any other housing structure or within a distance equal to its height, whichever is greater.
(6) 
There shall be a minimum of 50 feet between any wall containing 10% or more of principal windows in living areas and any other such wall.
(7) 
There shall be a minimum of 30 feet between any facing wall containing principal windows in living areas and the curbs of any street.
(8) 
There shall be a minimum of 10 feet between any parking area and any structure, except when waived or modified by the Board of Commissioners. Such area shall contain a fence, a wall or dense landscaping, as deemed appropriate by the Board of Commissioners.
(9) 
All nonresidential structures shall be a minimum of 250 feet from the property lines of the development and a planting strip of no less than 50 feet shall be provided along all property lines adjacent to the development where privacy of other parties is a consideration.
[Amended 5-11-1998 by Ord. No. 98-11]
(10) 
Each dwelling unit must be at least 18 feet wide.
G. 
Maximum building coverage. The total ground area occupied by buildings and structures shall not exceed 15% of the total ground area of the planned residential development. For the purpose of this subsection, "total ground area" shall mean the aggregate of the maximum horizontal cross-section areas of all buildings on a lot above the ground level, measured at the greatest outside dimensions, excluding cornices, eaves, gutters or chimneys projecting not more than 18 inches, bay windows not extending through more than one story and not projecting more than five feet, one-story open porches projecting not more than 10 feet, steps and balconies.
H. 
Nonresidential uses and structures. Nonresidential uses shall be designed and intended only for the use of the residents of the planned residential development and the burden of proof shall be upon the applicant to prove that such is the case. No building designed or intended to be used in part or in whole for nonresidential purposes shall be constructed prior to the construction and completion of not less than 20% of the dwelling units proposed in the plan. Recreational and open space uses shall be incorporated into each phase or stage of development in the manner prescribed by the plan. Applicable recreational facilities shall be completed before construction of the next phase.
[Amended 5-11-1998 by Ord. No. 98-11]
I. 
Common open space.
(1) 
A minimum of 50% of the site shall be set aside as common open space. The location of the common open space shall be consistent with the declared function of the common open space as set forth in the application for a planned residential development and, where possible, the common open space shall be planned as a contiguous area located for maximum benefit of residents, preserving and, where possible, enhancing natural features. In determining the type, amount and location of common open space, the Board of Commissioners shall:
(a) 
Require all alluvial (floodplain) soils as delineated in the Marple Township Floodplain Map to be preserved as permanent common open space or require a fifty-foot setback from all streams, whichever is greater.
(b) 
In all areas of the tract, development shall be subject to Township ordinances controlling excavation, removal of topsoil, prevention of erosion and stream siltation.
(2) 
Provision for the ownership and maintenance of common open space shall be in accordance with § 300-18J of this article.
J. 
Declaration of protective covenants. Proposed covenants, easements and other provisions relating to the bulk, location and density of such residential units, nonresidential uses and public and community facilities as are necessary for the welfare of the residents of the planned residential development and are not inconsistent with the best interests of the entire Township shall be included in a Declaration of Protective Covenants and made part of a plan submission for planned residential development. Such covenants, easements and other provisions, if part of the plan as finally approved, may be modified, removed or released only in accordance with the provisions of the Pennsylvania Municipalities Planning Code.[3]
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
K. 
Phasing plan. The landowner shall designate divisible geographic sections and number and type of dwellings of the entire parcel to be developed as a planned residential development and shall in such case specify the time periods within which development of each section is to be commenced. Each section to be developed may deviate from the number of dwelling units per acre established for the entire planned residential development, provided that such deviation shall be adjusted for in other sections of the development so that the number and the type of dwelling units per acre and other conditions authorized for the entire planned residential development are not affected. The period of the entire development and the commencement date for each section thereof may be modified from time to time by the Board of Commissioners upon the showing of good cause by the landowner. The landowner shall provide such easements, covenants and other arrangements and shall furnish such performance guaranty or guaranties in the form of a bond, escrow agreement or certified check as may be required by the Board of Commissioners to assure completion of streets, utilities and other on-site improvements in accordance with the plan and to protect the public interest in the event of abandonment of the plan before completion. In the event that the improvements in such section or sections are not satisfactorily completed and approved within the time period specified in the final approval of the plan or any extension thereof, the Board of Commissioners may declare an abandonment of such section or sections and have recourse to the performance guaranty or guaranties and may install such improvements as it shall deem necessary. Such guaranty or guaranties will remain in effect from the date of initial development of a section and shall remain in effect until two years after completion of the section.
L. 
Sewer and water facilities. Planned residential development shall be served by central water facilities and central sanitary sewer facilities acceptable to the Board of Commissioners and subject to the approval of the Pennsylvania Department of Environmental Protection or its successor agency and the appropriate municipal authority providing water or sewer facilities.
M. 
Modification of subdivision and land development standards. The uniqueness of each proposal for a planned residential development may require that the specifications for the width and surfacing of streets and highways, alleys and ways for public utilities and for curbs, gutters, sidewalks, streetlights, public parks and playgrounds, school grounds, stormwater drainage, water supply and distribution, sanitary sewers and sewage collection and treatment shall be subject to modification from the specifications established in the Subdivision and Land Development Ordinance[4] or in certain other Township ordinances. The Board of Commissioners may, therefore, waive or modify the specifications otherwise applicable for a particular public facility where the Board of Commissioners finds that such specifications are not required in the interest of the residents of the planned residential development and that the modifications of such specifications are consistent with the interests of the entire Township. Proposed specifications and standards that are inconsistent with those required under the prevailing Township ordinances shall be termed acceptable upon approval by the Board of Commissioners.
[4]
Editor's Note: See Ch. 265, Subdivision and Land Development.
N. 
Application for tentative approval.
(1) 
The application for tentative approval shall be executed by the landowner and filed with the Township Secretary. An initial filing fee as set from time to time by resolution of the Board of Commissioners shall be paid upon filing the application and additional fees shall be paid from time to time as directed by the Township, to be supplied against the expense of processing the application. Such fees shall not exceed actual expenses incurred by the Township.
(2) 
The application for tentative approval shall include documents illustrating the following:
(a) 
The location and size of the area involved and adjoining areas and the nature of the landowner's interest in the planned residential development.
(b) 
The proposed use areas and the net residential density of each proposed land use.
(c) 
The location, function, size, ownership and manner of maintenance of the common open space.
(d) 
The use and the approximate height, bulk and location of buildings and other structures.
(e) 
Information showing the feasibility of proposals for sanitary sewage and stormwater disposition.
(f) 
Utility systems.
(g) 
The substance of covenants, grants of easements or other restrictions existing and to be imposed upon the use of land, buildings and structures, including proposed grants and easements for public utilities.
(h) 
The provisions for parking of vehicles and the location and right-of-way and cartway widths of proposed streets and public ways.
(i) 
In the case of plans that call for development over a period in excess of two years, a schedule showing the time within which applications for final approval of all parts of the planned residential development are intended to be filed, which shall be updated annually on the anniversary of submission for final approval.
(j) 
Proof that the application insofar as possible complies with the provisions set forth herein governing the requirements for final approval.
(3) 
The application for tentative approval shall also include the following documents:
(a) 
Plans, at a scale of one inch equals 100 feet, of existing natural features of the land, including topography, vegetation, drainage and soils.
(b) 
A site plan showing approximate locations of buildings, roads and parking areas at a scale of one inch equals 100 feet.
(c) 
A plan at a scale of one inch equals 100 feet delineating common open space, indicating size, nature of facilities, structures and uses.
(d) 
A plan at a scale of one inch equals 100 feet delineating approximate locations, street types and right-of-way and cartway widths.
(e) 
A site plan illustrating phasing, including a time schedule for all on-site and off-site improvements to be dedicated for public use, which may be modified from time to time by the Board of Commissioners.
(f) 
A plan illustrating connection to public utilities, streets and rights-of-way, accompanied by documentation as to the impact of the proposed development on the public utilities, streets and rights-of-way.
(g) 
A plan illustrating the relation of the proposed planned residential development to the Township.
(h) 
A cost-revenue analysis that shall estimate the net cost of the planned residential development to the Township. The net cost shall be the difference between governmental expenditures that may be specifically identified with a particular piece of land and the revenues that will come to local government by virtue of the characteristics of the proposed development. The cost analysis shall clearly identify whether a net gain or a net loss is anticipated and shall itemize the measurements used in the evaluation. The study may compare various types of mixes of land use.
(i) 
A plan and specifications that indicate alterations and variations to the prevailing regulatory codes of the Township, including all the design standards of the Marple Township Zoning Ordinance and the Marple Township Subdivision and Land Development Ordinance as proposed in the plan. The procedural regulations of the Marple Township Subdivision and Land Development Ordinance[5] shall not apply.
[5]
Editor's Note: See Ch. 265, Subdivision and Land Development.
O. 
Public hearing.
(1) 
Within 60 days after the filing of an application for tentative approval, a public hearing on the application shall be held by the Board of Commissioners pursuant to public notice. All testimony by witnesses at any hearing shall be given under oath and every party of record at a hearing shall have the right to cross-examine adverse witnesses.
(2) 
A verbatim record of the hearing shall be caused to be made by the Board of Commissioners whenever requested by any party to the proceedings. The cost of making a transcribing such record shall be borne by the party requesting it and the expense of copies of such record shall be borne by those who wish to obtain such copies. All exhibits accepted in evidence shall be identified and duly preserved or if not accepted in evidence shall be properly identified and the reason for the exclusion clearly noted in the record.
(3) 
The Board of Commissioners may continue the hearing from time to time or refer the matter to the Planning Commission for a report; provided, however, that in any event the public hearing or hearings shall be concluded within 60 days after the date of the first public hearing.
P. 
Findings after hearing.
(1) 
Within 30 days following the conclusion of the public hearing or hearings, the Board of Commissioners shall give official written communication to the landowner, either:
(a) 
Granting tentative approval of the plan as submitted; or
(b) 
Granting tentative approval subject to specified conditions not included in the plan as submitted; or
(c) 
Denying tentative approval of the plan.
(2) 
Failure of the Board of Commissioners to so act within the said period shall be deemed to be a grant of tentative approval of the plan as submitted. In the event, however, that tentative approval is granted subject to conditions, the landowner may, within 30 days after receiving a copy of the official written communication from the Board of Commissioners, give notice of his refusal to accept all of the conditions, in which case the Board of Commissioners shall be deemed to have denied tentative approval of the plan. In the event the landowner does not within the said period notify the Board of Commissioners of his refusal to accept all of the said conditions, tentative approval of the plan, with all conditions, shall stand as granted.
(3) 
The grant or denial of tentative approval shall be in the form of a written resolution that shall include findings of fact related to the specific proposal and shall set forth the reasons of the grant, with or without conditions or for the denial and shall set forth with particularity in what respects the plan would or would not be in the public interest. A copy of the written resolution shall accompany the official written communication to the landowner.
Q. 
Status of plan after tentative approval. Where tentative approval has been granted, the same shall be noted on the Township's Zoning Maps and the plan shall have the status established by and be subject to the provisions of Section 710 of Article VII of the Pennsylvania Municipalities Planning Code.
R. 
Application for final approval.
(1) 
An application for final approval or any section thereof shall be submitted to the Township Secretary and shall comply with and be subject to the requirements and procedures of Section 711 of Article VII of the Pennsylvania Municipalities Planning Code. In addition, the application for final approval shall include all documentation submitted for tentative approval, shall comply with the conditions of tentative approval imposed by the Board of Commissioners, if any and shall be submitted within the time period specified by the official written conditions set forth under Subsection P. The application for final approval shall also include a site plan at a scale of one inch to 50 feet delineating all building lots, as well as schematic architectural drawings of a typical building at a scale of one inch equals 32 feet.
(2) 
In the event the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, as required by this § 300-33 and by the official written communication of tentative approval, the Board of Commissioners shall, within 30 days of such filing, grant such plan final approval, except that in the event the plan as submitted contains variations from the plan given tentative approval, the Board of Commissioners may refuse to grant final approval and shall so advise the landowner in writing and set forth the reasons why the variations are not in the public interest and shall do so within 30 days from the filing of the application for final approval.
(3) 
The granting or denial of final approval of the plan shall be in the form and contain the findings required for a resolution on an application for tentative approval and the Board of Commissioners shall forthwith notify the landowner by official written communication of the granting or denial of final approval.
(4) 
In the event that a plan or section thereof is given final approval and thereafter the landowner shall substantially amend such plan or section thereof, the Board of Commissioners will require a public hearing.
(5) 
In the event that a plan or section thereof is given final approval and thereafter the landowner shall abandon such plan or the section thereof that has been finally approved and shall so notify the Board of Commissioners in writing or in the event that the landowner shall fail to commence and carry out the planned residential development or section thereof, within 180 days from the date final approval has been granted, no development or further development shall take place on the property included in the plan until the said property is resubdivided and reclassified by means of an amendment to the Township's Zoning Ordinance.
S. 
Administration and judicial review.
(1) 
Issuance of permits and all matters pertaining to administration of the plan as finally approved shall be the responsibility of the Director of Code Enforcement.
(2) 
Upon application of the landowner showing compliance with the requirements of final approval, the Director of Code Enforcement shall issue permits for construction pursuant to the plan or any section thereof.
(3) 
The Director of Code Enforcement shall review the progress and status of construction of the plan and render monthly reports thereon to the Board of Commissioners in order to assure compliance with the provisions of this § 300-33 and the conditions of final approval.
(4) 
Any decision of the Board of Commissioners under this § 300-33 granting or denying tentative or final approval of a plan or authorizing or refusing to authorize a modification in such plan shall be subject to review and appeal in the same manner and within the same time limitation as is provided for zoning appeals by the Pennsylvania Municipalities Planning Code.
A. 
Operations. Home day care for no more than six children (excluding children living in the home and related to the caregiver by blood, marriage or legal adoption), located only in a single-family detached dwelling in which the caregiver resides, shall be considered a home occupation, when authorized as a special exception and subject to the following additional requirements:
(1) 
The caregiver shall be registered or licensed by the Commonwealth of Pennsylvania to provide child-care services in the dwelling.
(2) 
The caregiver shall register yearly with the Township and pay a fee as set from time to time by resolution of the Board of Commissioners, per annum.
(3) 
There shall be no structural change to the exterior of the single-family detached dwelling to accommodate the day care use.
(4) 
There shall be a minimum of 40 square feet of floor space per child, inclusive of space occupied by furniture and equipment but exclusive of closets, halls, bathrooms, kitchens and related areas, which shall be on the first floor of the single-family detached dwelling.
(5) 
A minimum of 100 square feet of outdoor space per child shall be available on the same lot.
(6) 
The normal hours of operation shall commence no earlier than 7:00 a.m. and shall finish no later than 8:00 p.m..
(7) 
A driveway shall be provided to allow off-street pickup and dropoff of children.
(8) 
No home day-care use shall be permitted within 750 feet of any other home day-care use.
B. 
Violations and penalties. Any person, corporation or partnership who or which violates a provision of this section is guilty of a separate offense for each day or portion of a day that the violation is committed, continued or permitted and each offense is punishable by a fine in accordance with the schedule of fines established by resolution of the Board of Commissioners. Additional penalty shall be the revocation of the license to operate said facility for a period of one year.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Added 3-10-2014 by Ord. No. 2014-3]
A. 
Group homes, as defined in Article II of this chapter, shall be authorized as a conditional use in accordance with § 300-19.
B. 
Conditional use. Application for conditional use shall be made to the Board of Commissioners in accordance with § 300-131. The Board of Commissioners shall process the application in accordance with § 300-133, applying the criteria and standards of Article XVII, § 300-136G and H. Additionally, the conditional use application shall establish that the proposed group home use shall meet the operational criteria set forth in § 300-34.1C below.
C. 
Operation. When authorized by the Board of Commissioners as a conditional use, the operation of any group home shall be subject to the following:
(1) 
A written narrative shall be submitted describing the purpose and general operation of the proposed facility, including the following:
(a) 
The owner of the property, operator of the facility and emergency contact information of all individuals responsible for the facility's operation.
(b) 
The number of residents, staff, level of supervision and parking needs.
(c) 
A plot plan of the property indicating any necessary site or exterior improvements required to operate the facility.
(d) 
A plan indicating off-street parking in accordance with the provisions of this section, Article XI of this chapter and Chapter 108, Building Construction, of the Township Code.
(2) 
A proposed facility shall be indistinguishable from the exterior of other residential dwellings in the immediate neighborhood. However, improvements required by code for access to or exit from the building shall not be deemed incompatible merely because surrounding buildings lack such facilities.
(3) 
Any counseling or other services provided shall be solely for the benefit of residents of the facility.
(4) 
The facility shall receive the license or permit of any applicable state, county or local agencies prior to the commencement of operations.
(5) 
The facility shall not generate traffic greater in volume or different in nature than would normally occur in the neighborhood in which it is proposed to be located.
(6) 
No identification signs shall be permitted, except as required by law.
(7) 
The facility shall be located no closer to another group home than 1,000 feet, measured on a straight line radius from the property line so used, to the property line to be used.
(8) 
For each staff person greater than one, one off-street parking space shall be provided, using the largest daily shift per week as a base.
(9) 
For the facilities where clients may drive and own vehicles, the Board, after hearing the testimony for the conditional use approval, shall stipulate the total required number of off-street parking spaces. The required number of parking spaces shall be one space per driver-vehicle owner.
(10) 
A minimum of one parking space shall be required for visitors to the facility in addition to all other required spaces.
(11) 
The parking requirement established herein shall be a continuing requirement which shall be met at all times during the life of the permit.
(12) 
All group homes shall conform to the Township's Building, Property Maintenance and Fire Codes.
(13) 
The Township may require annual inspections of the facility to ensure compliance with the provisions of this chapter, the Township Code and any conditions of a conditional use approval.
A. 
Standards applicable to professional services home occupations and general home occupations. All home occupation uses are subject to the following conditions:
(1) 
Off-street parking shall be provided in accordance with Article XI, § 300-84.
(2) 
Persons engaged in the use shall comply with Township mercantile, occupational privilege and business privilege tax regulations.[1]
[1]
Editor's Note: See Ch. 274, Taxation.
(3) 
No goods shall be publicly displayed.
(4) 
No vehicles bearing exterior identification or signs related to the use shall be maintained on the premises or adjacent streets.
(5) 
No oversized vehicles shall be associated with the use.
(6) 
No sales of goods shall be made from the premises.
(7) 
The use shall not produce high levels of vehicular traffic, nor noise, odors, air pollution or glare.
(8) 
The residential character of the premises and the neighborhood shall be maintained.
B. 
Additional standards applicable to professional services home occupations. Customary professional services, such as but not limited to doctors, lawyers, dentists, engineers, architects and accountants, are permitted home occupations, subject to the following conditions:
(1) 
The use shall be carried on entirely within a single-family detached dwelling and only one such professional use shall be permitted in a single-family detached dwelling.
[Amended 5-11-1998 by Ord. No. 98-11]
(2) 
A maximum of one person not a permanent resident of the dwelling unit may be employed in the use.
(3) 
No more than 25% of the gross floor area of the dwelling may be used for the use.
(4) 
The use shall not alter or change the exterior character or appearance of the dwelling, except for signs as permitted by Article XII, § 300-101A.
C. 
Additional standards applicable to general home occupations. Home occupations not qualifying as professional services are permitted subject to the following conditions:
(1) 
The use shall be carried on entirely within a dwelling unit or a building accessory thereto.
(2) 
The use shall be carried on only by permanent residents of the dwelling unit.
(3) 
No more than 15% of the gross floor area of the dwelling unit may be used for the use.
(4) 
The use shall not alter or change the exterior character or appearance of the dwelling unit.
(5) 
No signs shall be erected.
(6) 
Not more than one customer or client shall be on the premises at any one time and no more than two customers or clients shall come to the premises in any twenty-four-hour period.
[Added 10-2-2000 by Ord. No. 2000-18]
A. 
Intent. The intent of this section is to provide specific opportunities for conservation and passive outdoor recreational uses for a large tract of land in conjunction with low-density residential and business office use on the same tract when allowed as a conditional use and to establish standards and criteria under which a Conservation Overlay District shall be permitted.
B. 
Eligibility/prerequisites for Conservation Overlay District. Conditional use approval as a Conservation Overlay District may be requested subject to the provisions of this section on sites meeting the following criteria:
(1) 
Tract location. The land shall be located in any of the residential districts as defined in Article IV.
(2) 
Tract size. The minimum tract size shall be 25 acres.
(3) 
Ownership. The entire tract of land subject to the application shall be in the same ownership.
(4) 
Open space provision/suitability. At least 75% of the gross area of the tract must be suitable and reserved for use as open space, such as conservation or outdoor passive recreational use.
(5) 
Sewer and water facilities. A Conservation Overlay District shall be served by a water source and sewer system acceptable to the Board of Commissioners.
(6) 
Development plan. The application for development shall be accompanied by a plan or plans, showing the use of the entire tract. The plan shall clearly designate the proposed uses and the locations reserved for buildings and facilities within each area of the tract, though the areas reserved for conservation or outdoor recreational use may be relieved from strict compliance with normal land development plan requirements.
C. 
Use regulations. A tract may be used or occupied and a building may be erected, altered or used for any of the following purposes and no other:
(1) 
Passive outdoor recreational uses, such as parks, nature study areas and trails.
(2) 
Conservation uses, including woodlands, meadows, lakes, ponds, streams and related resources.
(3) 
Agricultural uses.
(4) 
Residential and business office use for occupancy by the property owner, the owner's employees, an organization which is either a subsidiary of or in common ownership with the owner or, with permission of the Township, an unrelated party.
(5) 
The accessory uses or those authorized by special exception in a residential district when recognized as consistent with the purposes of this Conservation Overlay District and allowed by the Township as part of the conditional use approval.
D. 
Density regulations. Density requirements for the Conservation Overlay District are as follows:
(1) 
The maximum amount of the total building coverage (footprint) shall not exceed 3% of the lot area.
(2) 
The maximum amount of the total building square footage shall not exceed 5% of the lot area.
(3) 
The total area of all impervious surfaces shall not exceed 10% of the lot area.
E. 
Development standards. Development requirements for the Conservation Overlay District are as follows:
(1) 
The height of each building on the tract shall not exceed 40 feet, which restriction will not apply to a windmill set back from the road right-of-way a distance of three times its height.
(2) 
All buildings shall be set back a minimum of 50 feet from the road right-of-way.
(3) 
All buildings shall be set back a minimum of 100 feet from any tract perimeter other than a road.
(4) 
No parking lot area shall be constructed within the required building setback.
(5) 
Parking construction shall permit pervious coverage and may be contrary to the provisions of § 300-75, but otherwise shall be consistent with Article XI.
(6) 
There shall be public access to trails, outdoor recreation areas, parking and such other areas as the owner of the tract may approve.
(7) 
Restrictions within the underlying base zoning district or otherwise inconsistent with the encouragement of the natural conditions and conservation use shall not apply within a permitted Conservation Overlay District.
(8) 
Intrusion of a building, driveway or utility line within a steep slope shall be permitted to the extent it is determined that it will not adversely affect the property or neighboring properties.
F. 
Conditional use approval criteria. In addition to the requirements of Article XVI, Section 300-131 and Article XVII, Sections 300-136(G) and 300-136(H), it will also be the applicant's burden to demonstrate that the following conditions are satisfied prior to the approval of the tract or portion for use under the provisions of Section 300-35.1 by the Board of Commissioners. No tract shall be eligible for such use hereunder, unless it first meets the following conditions:
(1) 
The design and development of the tract shall provide for the conservation of land, the preservation and maintenance of existing historic structures and protection of natural resources;
(2) 
The tract and any proposed accessory uses within it shall be environmentally and physically suitable to support the purpose of this Section 300-35.1;
(3) 
The natural features of the tract, including but not limited to wooded areas, meadows, flood plain and very steep slope areas, shall be preserved and protected through sensitive environmental site design consistent with the purposes of this Section 300-35.1;
(4) 
Notwithstanding the provisions of Article IX, Section 300-62, buildings, utilities or other elements of development may be located within steep and very steep slopes, when considered consistent with the underlying conservation purpose of this District and Section 300-35.1E(8);
(5) 
New buildings shall not be located to dominate a tract or monopolize the view of overall contryside;
(6) 
Minimum parking shall be provided consistent with the provisions for the specific uses;
(7) 
All non-wooded areas adjacent to residential or commercial uses may be required to be maintained according to existing zoning regulations for a distance of 25 feet from the property lines if the terrain permits.
(8) 
Acceptance of additional conditions which may be imposed by the Board of Commissioners at the time of conditional use application based upon the specifics of the use.
[Added 7-12-2004 by Ord. No. 2004-5]
A. 
Intent. The CCRC District is designed to provide residential living and health-care facilities for senior citizens.
B. 
Use regulations:
(1) 
Permitted uses. A building(s) may be erected, altered or used, and land may be used for a continuing care retirement community with a combination of the following uses:
(a) 
Independent living units.
(b) 
Personal care assisted living facility.
(c) 
Skilled nursing facility.
(2) 
Permitted accessory uses. The following uses shall be permitted as accessory to any of the permitted uses when located on the same lot intended to serve the residents of the principal permitted uses and their guests:
(a) 
Administrative offices and operational facilities for management of the permitted uses.
(b) 
Personal services such as barbershop, beauty salon or commissary.
(c) 
Bank branch and/or automated teller machine.
(d) 
Dining facilities.
(e) 
Community center.
(f) 
Library.
(g) 
Educational and recreational facilities.
(h) 
Theater.
(i) 
Fitness center and swimming pool.
(j) 
Physical therapy facilities.
(k) 
Physicians' offices for residents.
C. 
Height regulations. The maximum height of any buildings or other structure shall be 35 feet.
D. 
Area and bulk regulations:
(1) 
Tract area: not less than 20 acres.
(2) 
Maximum density: 16 dwelling units per acre. Each independent living unit and each personal care assisted living unit shall be considered a dwelling unit. Every five beds in a skilled nursing facility shall be considered a dwelling unit for the calculation of density.
(3) 
Impervious surface and building coverage: not more than 60% of the lot shall be covered by impervious surfaces, and not more than 30% of the lot shall be occupied by buildings.
(4) 
Building setback: The building setback from a street line shall not be less than 100 feet and from all other property lines shall not be less than 45 feet.
(5) 
Setbacks for parking areas and driveways: No driveway or parking area shall be located within 25 feet of a street line and 15 feet of any other property line, except that portion of a driveway providing ingress and egress to the property.
E. 
Design standards. In addition to the design standards contained in the Marple Township Subdivision and Land Development Ordinance,[1] the following shall apply:
(1) 
General design standards.
(a) 
All land and buildings erected in this district shall be under one ownership and/or management responsible to the person who owns the land and buildings; provided, however, independent living units and personal care assisted living units may be sold as life estates or leased to life tenants who are in residence.
(b) 
All utilities, including but not limited to water, electricity, gas, telephone and cable, shall be installed and maintained underground.
(c) 
Public water and public sanitary sewage disposal systems shall be provided.
(2) 
Landscaping. Landscaping shall be in accordance with a landscape plan and planting schedule prepared by a landscape architect and approved by the Board of Commissioners during the land development application process.
(3) 
Off-street parking and loading. All off-street parking and loading standards in the Marple Township Subdivision and Land Development Ordinance and in Article XI of the Marple Township Zoning Ordinance shall apply. The following numbers of parking spaces shall be provided for uses in the PRC District:
(a) 
One parking space for every two independent living units.
(b) 
One parking space for each four personal care assisted living units.
(c) 
One parking space for each four beds in a skilled nursing facility.
(d) 
One employee parking space for every two employees on the largest shift.
(4) 
Lighting. All driveways, parking areas, and areas of pedestrian use shall be adequately lighted. All such lighting shall be designed and located to direct light away from any adjoining residential development and areas zoned for residential development.
(5) 
Signage.
(a) 
One sign of not larger than 40 square feet indicating the name of the development will be permitted at each major entrance to the site. Such sign shall be in accordance with plans submitted to and approved by the Board of Commissioners.
(b) 
Directional signs not larger than four square feet. Such signs shall be in accordance with Plans submitted and approved by the Board of Commissioners.
[1]
Editor's Note: See Ch. 265, Subdivision of Land.
F. 
Special plan requirements.
(1) 
A land development plan, which delineates the overall development of the property for which an application is made, shall be filed as part of a land development application, which land development plan shall include the following:
(a) 
The location, orientation, boundaries, dimensions and ownership of the property.
(b) 
The location, use dimensions and arrangements of all buildings and structures, streets, sidewalks and open spaces, including the height of all buildings.
(c) 
The number of independent living units, personal care assisted living units; and the number of skilled nursing beds.
(d) 
The location and dimensions of all parking areas, loading and unloading areas, driveways, fire lanes, and private and public streets.
(e) 
The location of all areas devoted to buffer planting and landscaping.
(f) 
The location of all sewage, water and other public utilities, stormwater drainage, exterior lighting and similar facilities and the dimensions of all existing or proposed utility easements.
(g) 
Such other information as required by the Marple Township Subdivision and Land Development Ordinance.
(2) 
A traffic impact study.