M Multifamily Districts are designed to make
special provision for appropriate higher density residential uses
on lots providing adequate parking, interior circulation and landscaping,
in locations with access to arterial and collector streets and with
adequate water supply and sewage facilities; and, where sensitive
natural environments warrant special site planning, to protect the
health and integrity of such environments.
A building may be erected, altered or used and a lot or land in an M Multifamily District may be used or occupied for a multifamily dwelling or dwellings when permitted by the Board of Supervisors as a conditional use. The standards and criteria for the allowance or denial of such conditional use shall be as set forth in this article, as well as in any provision of this chapter having general applicability. In addition, in any instance where the Board of Supervisors determines that an application is within the provisions of this article, the Board shall, in addition to such other considerations and determinations as may be required by law, give full consideration to the standards for review set forth in § 139-122 of this chapter as would be required of the Zoning Hearing Board in considering a request for a special exception. No other use shall be permitted in a multifamily district by virtue of this article, and the standards and regulations set forth in this article shall govern multifamily use. However, any lot, land or tract of ground which is also in any other zoning district may be used for any purpose allowed in such other district subject to the standards and regulations set forth for such other district. The Board of Supervisors recognizes that as of the date of adoption of this article, all land contained in multifamily districts is also contained in some other zoning district. It is expressly the intention of the Board of Supervisors that the inclusion of such land in a multifamily district as set forth in this article shall not affect the simultaneous inclusion of such land in such other zoning district as set forth on the Zoning Map of Willistown Township, its supplements and amendments; although it is recognized that in the future land may be included in a multifamily district and excluded from any other zoning district. In an M Multifamily District there shall also be permitted accessory use on the same lot with and customarily incidental to multifamily use, which accessory use shall not include any use of a business, commercial or professional nature.
Each application for a multifamily conditional
use shall include the following:
A.
A plan at an appropriate scale to ensure legibility,
not smaller than one inch equals 50 feet, showing the layout of the
total area proposed to be developed, superimposed on its topography
with contour lines at intervals of no more than five feet.
B.
A smaller scale map locating the area in the Township
with respect to major roads and available utilities.
C.
Sufficient detail, layout plans, elevations, renderings and other necessary documentation prepared and sealed by a registered architect and, as appropriate, by a registered landscape architect or registered engineer or demonstrate compliance with the site development standards of § 139-49 and compliance with the requirements of §§ 139-49 through 139-54.
D.
A full statement of the order of proposed development
if development by stages is proposed or contemplated.
[Amended 7-19-2004 by Ord. No. 6-2004]
Each application for a multifamily conditional use shall request a hearing and shall be filed with the Zoning Officer with payment of the appropriate fee as prescribed by § 139-117 of this chapter. In addition, each applicant for a multifamily conditional use shall reimburse the Township for its actual expenses incurred in connection with the Township's review of the application, including expenses incurred by the Township in connection with the hearing on such application, and including, but not limited to, such engineering and legal services as are deemed appropriate by the Township in connection with its review and/or with the hearing. The Township shall bill the applicant as such expenses are incurred, and the applicant shall thereupon reimburse the Township within 30 days. In no case shall any permit be issued to any applicant if any amount due hereunder from the applicant to the Township shall have been billed by the Township but remain unpaid.
Each multifamily use application shall be referred, upon filing, to the Planning Commission for consideration at its next meeting scheduled 10 days or more thereafter. The Planning Commission shall review the application for conformity to the site development standards of § 139-49, the applicable criteria of the requirements of §§ 139-50 through 139-54 and § 139-122 and conformity or capability of conforming to applicable provisions of the Subdivision and Land Development Regulations.[1] The Planning Commission shall report thereon to the Board of Supervisors, either orally or in writing at its hearing held in accordance with § 139-46.
The Board of Supervisors shall hold a public hearing which shall be to the extent not inconsistent herewith, or otherwise required by the context hereof, to be held in accordance with the ordinances, rules and regulations governing hearings of the Zoning Hearing Board when that Board is considering an application for a special exception. Notice of the hearing shall be given as required by law and as would be required of the Zoning Hearing Board pursuant to § 139-120 of this chapter. The hearing shall be held at a date consistent with Planning Commission review in accordance with § 139-45 and, in any event, within 60 days from the date of the filing of the multifamily use application and payment of the required fee in accordance with § 139-4 above. The hearing shall be conducted in accordance with Subsections 4 to 8 of Section 908 of the Pennsylvania Municipalities Planning Code,[1] and all references therein to the Zoning Hearing Board
shall, for the purposes of this section, be deemed to be references
to the Board of Supervisors. The Board of Supervisors shall render
a written decision within 45 days after the last hearing before it.
Where the application is contested or denied, the decision shall be
accompanied by findings of fact and conclusions based thereon, together
with the reasons therefor. A copy of the final decision shall be delivered
to the applicant personally or mailed to him not later than the day
following its date, unless the applicant or a representative of the
applicant was present at the meeting of the Board of Supervisors at
which the decision was announced, in which case, it shall not be necessary
for the Board of Supervisors to take any further action to deliver
a copy of the final decision to the applicant. Copies of the final
decision shall be made available at the Township Building to any person
who desires a copy thereof, provided that such persons shall reimburse
the Township for the Township's cost incurred in producing such copy.
[1]
Editor's Note: See 53 P.S. § 10908,
Subdivisions (4) and (8).
No conditional use for multifamily use shall be granted by the Board of Supervisors unless it is found that the proposed development is consistent with the standards of § 139-122 of this chapter and will satisfy the site development standards of § 139-49 of this chapter and that the proposed development can comply with the applicable requirements of §§ 139-50 through 139-54 of this chapter. If the applicant demonstrates that the application satisfies the standards and can comply with the requirements as aforesaid, then the Board shall approve the application for conditional use unless at the hearing a specific issue is raised as to the aforesaid standards and requirements as they relate to the health, safety and general welfare of the community, in which case the applicant must further show that the use applied for would not violate the health, safety and general welfare of the community with relation to such specific issues before the applicant shall be entitled to approval of the application for conditional use. If the Board of Supervisors deems it necessary or appropriate in order to ensure compliance with the aforesaid standards, the Board may approve the application subject to such conditions and restrictions as it deems necessary or appropriate. The applicant may either accept such conditions and restrictions or the applicant may, for the purposes of appeal from the action of the Board, treat such approval subject to conditions and restrictions as a denial of the application.
Every conditional use for multifamily use granted
by the Board of Supervisors shall expire at the expiration of 18 months
unless construction has heretofore been commenced or unless the period
has been extended for cause by the Board.
[Amended 6-11-1985 by Ord. No. 4-1985; 5-10-1998 by Ord. No.
1-1988; 6-25-2001 by Ord. No. 4-2001]
In M Multifamily Districts, all land shall be designated M-1, M-2, M-3, M-4, M-5, M-6 or M-7. In all M Multifamily Districts, for any development involving any parcel that contains protected land, the maximum density shall not exceed the parcel yield determined under the natural resource protection and density calculations referenced in § 139-158 of this chapter and § 73-11.1 of the Code.
A.
As to any tract of ground designated M-1, the following
site development standards shall apply:
(1)
Lot area and width. Every lot shall have a lot area
of not less than five acres and shall be no narrower than 300 feet
at any point.
(2)
Density. There shall be a density of not more than
12 dwelling units per acre.
(3)
Land allocation. Coverage of the lot by principal building shall not exceed 15% of the lot area; provided, however, that if the principal buildings are building enclosures under § 139-49F(5), the coverage of the lot by building enclosures shall not exceed 20% of the lot area, but the coverage of the lot by principal buildings as actually proposed to be built shall not exceed 15% of the lot area. Building coverage and paved areas for use by automobiles shall not exceed 25% of the lot area. Common open space in the aggregate shall constitute at least 50% of the lot area and shall be convenient for its use as regards shape, location, grade and seclusion. The increase in building enclosure coverage from 15% to 20% and in building coverage from 10% to 15% shall not apply to any development under the M-6 Overlay District provisions, which development was initially approved prior to the January 1, 2007.
[Amended 3-12-2007 by Ord. No. 3-2007]
B.
As to any tract of ground designated M-2, the following
site development standards shall apply:
(1)
Lot area and width. Every lot shall have a lot area
of not less than three acres and shall be no narrower than 150 feet
at any point.
(2)
Density. There shall be a density of not more than
six dwelling units per acre.
(3)
Land allocation. Coverage of the lot by principal
buildings shall not exceed 15% of lot area. Building coverage and
paved areas for use by automobiles shall not exceed 35% of lot area.
Outdoor recreation area in the aggregate shall constitute at least
10% of the lot area and shall be convenient for its use as regards
shape, location, grade and seclusion.
C.
As to any tract of ground designated M-3, the following
site development standards shall apply:
(1)
Lot area and width. Every lot shall have a lot area
of not less than two acres and shall be no narrower than 100 feet
at any point.
(2)
Density. There shall be a density of not more than
12 dwelling units per acre.
(3)
Land allocation. Coverage of the lot by principal
buildings shall not exceed 25% of lot area. Building coverage and
paved areas for use by automobiles shall not exceed 50% of the lot
area. Outdoor recreation area in the aggregate shall constitute at
least 10% of the lot area and shall be convenient for its use as regards
shape, location, grade and seclusion.
(4)
Yards/setbacks. No building shall be closer than 25 feet to any perimeter lot line of the development tract (including any perimeter lot line located along a street). Building setbacks from internal roads/drives within the development tract shall be in accordance with § 139-50F, and the provisions of § 139-49H(1)(a) and (b) shall not apply.
[Added 9-8-2014 by Ord. No. 5-2014]
(5)
Building separation. There shall be a minimum distance of 30 feet between separate buildings. The provisions of § 139-49H(2) (a) through (c) shall not apply.
[Added 9-8-2014 by Ord. No. 5-2014]
D.
As to any tract of ground designated M-4, the following
site development standards shall apply:
(1)
Lot area and width. Every lot shall have a lot area
of not less than 20 acres and shall be no narrower than 500 feet at
any point.
(2)
Density. There shall be a density of not more than
six dwelling units per acre.
(3)
Land allocation. Coverage of the lot by principal
buildings shall not exceed 15% of lot area. Building coverage and
paved areas for use by automobiles shall not exceed 35% of the lot
area. Outdoor recreation area in the aggregate shall constitute at
least 30% of the lot area and shall be convenient for its use as regards
shape, location, grade and seclusion.
E.
As to any tract of ground designated M-5, the following
site development standards shall apply:
(1)
Lot area and width. Every lot shall have a lot area
of not less than five acres and shall be no narrower than 300 feet
at any point.
(2)
Density. There shall be a density of not more than
six dwelling units per acre.
(3)
Land allocation. Coverage of the lot by principal
buildings shall not exceed 15% of lot area. Building coverage and
paved areas for use by automobiles shall not exceed 35% of the lot
area. Outdoor recreation area in the aggregate shall constitute at
least 30% of the lot area and shall be convenient for its use as regards
shape, location, grade and seclusion.
F.
As to any tract of ground designated M-6, the following
site development standards shall apply:
(1)
Lot area and width. Every lot shall have a lot area
of not less than 20 acres and shall be no narrower than 500 feet at
any point.
(2)
Density. There shall be a density of not more than 1.5 dwelling units per acre. If, in the opinion of the Board of Supervisors, the applicant has more than met the minimum standards and criteria as set forth in this article, as well as the standards and criteria as set forth in § 139-122 of this chapter, the Board may allow the density to be increased, provided that under no circumstances shall the Board allow the density to be increased to a density of more than three dwelling units per acre, the amount of increase in the density to be determined by the extent to which the application demonstrates having exceeded the minimum standards and criteria as aforesaid.
(3)
Land allocation. Coverage of the lot by principal buildings shall not exceed 10% of the lot area; provided, however, that if the principal buildings are building enclosures under § 139-49F(5), the coverage of the lot by building enclosures shall not exceed 15% of the lot area, but the coverage of the lot by principal buildings as actually proposed to be built shall not exceed 10% of the lot area. Building coverage and paved areas for use by automobiles shall not exceed 25% of the lot area. Common open space in the aggregate shall constitute at least 50% of the lot area and shall be convenient for its use as regards shape, location, grade and seclusion.
(4)
Each lot shall have front, side and rear yards of
not less than 100 feet each.
(5)
Treatment of separate buildings as a single multifamily dwelling. At the request of an applicant for a multifamily conditional use for any tract of ground within the M-6 Multifamily District, the Board of Supervisors may treat separate buildings as a single multifamily dwelling, if the Board of Supervisors determines that to do so would be consistent with the spirit and purposes of the M-6 Multifamily Zoning District. In order to make such request, the applicant shall submit a plan clearly indicating the separate buildings which are to be treated together as a single multifamily dwelling. If the request of the applicant is granted, then each of the buildings which is to be treated as a single multifamily dwelling shall be deemed to be within a single enclosure, and the areas between such buildings shall likewise be treated as if they were within such enclosure. No more than six separate buildings may be located within the same building enclosure. No house wall of any separate building within a single such building enclosure shall be closer to any other house or garage wall of any other separate building or garage within the same enclosure than 15 feet. No garage wall shall be closer to the wall of any other garage within the same such building enclosure than six feet. This minimum separation distance shall not apply to a garage and the building with which the garage is to be used. The extent of such enclosure for each group of buildings which is to be treated as a single multifamily dwelling shall be clearly indicated on the plan submitted by the applicant. If the request is granted by the Board of Supervisors, then all of the buildings and other land between such buildings within each such enclosure shall be treated as if they were all a single principal building for the purposes of determining compliance with land allocation requirements, compliance with setback and other yard requirements, building separation requirements (except as otherwise set forth above), building length and perimeter requirements [applying § 139-49H(6) and not § 139-49H(5)(b)] and for such other similar purposes and calculations as the Board of Supervisors shall determine. Treatment of separate buildings as a single multifamily dwelling shall not affect in any way compliance of the proposed plan with density requirements, and each separate dwelling unit shall meet all requirements for dwelling units as set forth in § 139-49H(7). Except for § 139-49H(5)(b), all requirements for both attached buildings and detached multifamily dwellings shall be met as applicable. Calculations for storm drainage requirements and other similar requirements shall be based upon the actual conditions as proposed to be built. In the case of any ambiguity as to whether each building should be treated as a separate building or if buildings should be treated as a single multifamily dwelling for the purpose of compliance with any specific regulation of this chapter or of the Willistown Township Subdivision and Land Development Ordinance,[1] the ambiguity shall be resolved by the Board of Supervisors
in the manner which they determine is more consistent with the spirit,
purpose and intent of the regulation or requirement in question.
G.
As to any tract of ground designated M-7, the following
site development standards shall apply:
(1)
Lot area and width. Every lot shall have a lot area
of not less than 10 acres and shall be no narrower than 300 feet at
any point.
(2)
Density. There shall be a density of not more than
six dwelling units per acre.
(3)
Land allocation. Coverage of the lot by principal
buildings shall not exceed 15% of lot area. Building coverage and
paved areas for use by automobiles shall not exceed 35% of the lot
area. Outdoor recreation area in the aggregate shall constitute at
least 30% of the lot area and shall be convenient for its use as regards
shape, location, grade and seclusion.
H.
Except as otherwise provided in this chapter, the
following site development standards shall apply in all multifamily
districts:
(1)
Yards. Yards shall be provided as follows, provided
that no building shall be located closer to a side or rear lot line
than the building is tall, and further provided that no yard shall
in any case be less than 50 feet:
(a)
Along existing streets, each lot which is located
not only in a multifamily district but also simultaneously in some
other zoning district shall have a front yard at least equal to the
front yard requirement of the zoning district other than the multifamily
district in which it is located; but if the lot is located only in
a multifamily district, then it shall have a front yard at least equal
to the smallest front yard requirement of any abutting residential
zone.
(b)
Subject to the above, lots located not only
in a multifamily district but also in some other zoning district shall
have side and rear yards not less than the side and rear yard requirements
of such zoning district other than the multifamily districts in which
they are located, and lots located only in multifamily districts shall
have side and rear yards not less than 40 feet, and in all cases side
and rear yards shall be sufficient so that, in combination with requirements
for yards in an abutting residential district, buildings in an M Multifamily
District and residential buildings in other districts shall be separated
by a distance at least equal to the distance required between buildings
in the M Multifamily Districts.
(2)
Building separation. The minimum horizontal distance
between separate buildings shall be as follows:
(3)
Courts. At least 25% of the perimeter of courts enclosed
by the walls of more than one building shall be open space, said part
of the perimeter to be measured on a straight line between building
corners of extreme end walls.
(4)
Exterior walls. Exterior walls shall be faced with
maintenance-free material other than cinder block, concrete block
or concrete poured in place.
(5)
Attached buildings.
(a)
Attached buildings shall be no more than 35
feet or three stories in height, including basements if dwellings
are located therein.
(b)
Building clusters as seen in front elevation
or an elevation normal thereto shall have a maximum horizontal dimension
of 220 feet if their subdivisions are variously oriented. The maximum
horizontal dimension of clusters oriented in the same direction shall
be 160 feet.
(c)
Arrangement of buildings in three or more rows,
whether with long or short walls facing, will not be permitted.
(d)
Unbroken perimeter lines greater than 80 feet
in length will not be approved, and exterior walls collinear with
or parallel to fire walls, at least five feet long and of full height,
may be required to assure offset or variety of exterior surfaces,
or both.
(e)
Use of mansards, gables and variations of color,
texture or of ridgeline height or orientation may be required to provide
architectural diversity and individuality for the various building
subdivisions or sets of them.
(6)
Detached multifamily buildings.
(a)
Detached buildings may have a maximum perimeter
at any level of no more than 960 feet as seen in plan view, no straight
line segment of which may be longer than 120 feet.
(b)
Detached multifamily buildings shall be no more
than 35 feet in height except on recommendation of the Planning Commission
where it can be shown that the top of the buildings will not alter
the visible horizon as seen from a public road.
(7)
Dwelling units.
(a)
Each dwelling unit shall be provided with kitchen
and bathroom facilities, including kitchen sink appliances for the
disposal of garbage.
(b)
All rooms shall be vented to the outside, and
all habitable rooms and dining areas shall have windows with glazed
area equal at least to 10% of their floor area and movable sash at
least equal to 5% of their floor area.
(c)
Dwelling units may not be located in cellars.
Units may be located in basements, provided that at least one exterior
wall of each dwelling unit is fully aboveground and grading is such
as to assure that storm drainage will flow away from the building
on all sides.
(d)
Dwelling units shall provide not less than the
following schedule of net usable floor area within the boundary walls
of the unit:
|
Habitable
Rooms
|
Net Floor Area
(square feet)
| |
|---|---|---|
|
1
|
450
| |
|
2
|
600
| |
|
3
|
900
| |
|
4 or more
|
300 per habitable room
|
(8)
No outdoor swimming pool, tennis court or similar
facility shall be located closer than 200 feet to any adjacent residential
property.
A.
Drives and accessways shall be constructed in accordance
with Township street specifications and provided with straight curbs.
B.
Multifamily developments shall not be laid out to
provide access for through traffic to industrial or commercial developments
along accessways or through parking areas provided for residential
structures.
C.
Cartway widths shall be at least 12 feet for one moving
lane, 22 feet for two moving lanes and 12 feet per lane for cartways
of more than two moving lanes. Parking lanes, if any, shall not be
less than eight feet wide.
D.
Suitable provisions shall be made for pedestrian access
between buildings, parking areas and recreation areas.
E.
All buildings shall be given vehicular access only
by marginal streets, service roads, common parking lots or similar
areas, and not directly by a public highway.
F.
Vehicular accessways shall not be located closer than
20 feet to any residential building on the lot and not closer than
five feet to any exterior lot line, except at access points and in
loading and unloading areas.
A.
All principal buildings shall be served by common
piped water supply. They shall be served by public sewer facilities
unless the Board of Supervisors shall permit appropriate interim arrangements
upon a specific finding that public facilities will be available within
a period not exceeding three years and upon condition that all pipes
and laterals necessary to connect to such public facilities be installed
and that connection be made thereto as soon as available. All transmission
lines, whether pipe or wire, shall be located underground or effectively
screened.
B.
Transmission lines shall be located in restricted
areas at least 15 feet wide reserved against future building and laid
out to minimize unnecessary passage under pavement and buffer planting
strips. Easements for extension of utilities to adjoining areas shall
be provided where appropriate upon recommendation of the Planning
Commission.
A.
Occupancy.
(1)
A dwelling unit may be occupied at most by a number
of persons equal to one plus the unit's number of habitable rooms.
(2)
In each dwelling, a schedule of allowable occupancy
shall be posted for all units in a building subdivision and for all
dwelling units on the same floor of an unsubdivided building.
B.
Maintenance and ownership.
(2)
The owning entity shall enter into a contract with
the Township, in form and substance approved by the Township Solicitor,
and including such provisions as the Board of Supervisors may by resolution
or ordinance require, guaranteeing prudent maintenance and unified
ownership and control of all such buildings, improvements, streets
and other common facilities.
(3)
Such contract shall be recorded in the office of the
Recorder of Deeds of Chester County, Pennsylvania, prior to commencement
of construction pursuant to conditional use under this article.
Buildings shall not be located to dominate hilltops
or monopolize views of rural countryside. The height restriction to
35 feet is imposed to assure that buildings will not generally exceed
the height of mature trees. In all multifamily districts, but particularly
in districts designated M-5, preservation of trees and of the natural
environment is of the utmost importance.
The densities set forth in § 139-49 above shall be maximum densities only, and a reduction in density may be one of the conditions imposed by the Board of Supervisors in accordance with § 139-46 above, if it finds such reduction in density necessary to meet the required standards and criteria as set forth in this article and in § 139-122 of this chapter.
