STATUTORY REFERENCES
General planning and zoning provisions — See
53 P.S. § 10101 et seq.
[Ord. 246. Passed 12-22-1987]
In an A-1 Residential District, the regulations
set forth in this chapter shall apply.
[Ord. 246. Passed 12-22-1987; Ord. 314. Passed 2-21-1995]
In an A-1 Residential District, a building may
be erected or used, and a lot may be used or occupied, for any of
the following purposes and no other:
(a)
Farming.
(c)
Municipal use.
(d)
Cluster development as a conditional use in accordance with Section 1298.07 and the regulations set forth in this chapter.
(e)
Cluster development with a density bonus as a conditional use for the preservation of increased open space in accordance with Section 1298.07 and the regulations set forth in this chapter.
(f)
Cluster development with a density bonus for the preservation of a Township historic or cultural resource as a conditional use in accordance with Section 1298.07 and the regulations set forth in this chapter.
(g)
The following uses, when developed in accordance with the regulations applicable to an A Residential District, Chapter 1257 and when authorized as a special exception, such uses to be subject to the following area requirements:
[Amended 12-3-2007 by Ord. No. 452]
|
Use
|
Minimum Lot Area
(acres)
| |
|---|---|---|
|
Educational
|
20
| |
|
Hospital or nursing home
|
20
| |
|
Country club or recreational use (nonprofit
in nature)
|
20
| |
|
Religious
|
5
| |
|
Post office
|
5
|
(i)
A recreational/fitness use conducted by a nonprofit
community service organization, when authorized as a conditional use
by the Board of Supervisors and in accordance with the following regulations:
[Added 12-3-2007 by Ord. No. 452]
(1)
Minimum lot area. A lot area of not less than
20 acres shall be provided.
(2)
Minimum frontage on a public road. Public road
frontage of not less than 500 feet shall be provided.
(3)
Front yard. A front yard of not less than 400
feet shall be provided.
(4)
Side yard. Two side yards, each not less than
300 feet shall be provided.
(5)
Rear yard. A rear yard of not less than 200
feet shall be provided.
(6)
Building coverage. The total building coverage
shall not exceed 20%.
(7)
Impervious coverage. The total impervious coverage
shall not exceed 45%.
(8)
Building height. The maximum building height
shall not exceed 45 feet except for an entry feature which shall not
exceed 55 feet in height, and that portion exceeding 45 feet shall
not exceed 4% of the area of the ground floor of the building in which
it is located.
(9)
Off-street parking. Off-street parking shall
be provided in sufficient quantity for the use as demonstrated by
a traffic study performed by a qualified traffic engineer and taking
into account similar facilities (if any) operated by the nonprofit
community service organization in other locations. Notwithstanding
any other provision in this Part 12, all parking and driveways, except
for perpendicular access, shall be setback a minimum of 150 feet from
the front and side property lines and 100 feet from the rear property
line. A side property line adjacent to an access strip (too narrow
to permit development under this Title) which serves another property
may have a driveway within 50 feet of that side property line, but
no closer.
(10)
Loading area. Areas for loading and unloading
of delivery trucks, service vehicles and for refuse collection shall
be provided, shall be adequate in size, shall not interfere with parking
on access roads, and shall be screened from view.
(11)
Signs. The following signage is permitted. In
addition to directional and informational signage, the following signage
shall be permitted up to the specified amount by conditional use from
the Board of Supervisors where site frontage exceeds 1,000 feet and
with a minimum building setback of 150 feet for a single entity/facility
containing multiple structures.
A.
Wall signs. One wall sign identifying a facility’s
name or logo (but not both) shall be permitted on each facade of the
main building which either fronts on a public right-of-way or faces
a property line less than 75 feet from a limited access, arterial
highway. The face area of each sign shall not exceed 160 square feet,
and shall not be internally illuminated.
B.
Monument sign. One two-sided (double-faced)
monument sign not to exceed six feet in height, nor 40 square feet
of sign face per side shall be permitted, but no part or aspect of
such monument sign shall be internally illuminated.
(12)
Landscaping. All development shall be designed
and maintained in accordance with Sections 1234.05, 1238.16 and 1238.17(f)
of the Subdivision Regulations.[1] In addition, there shall be a suitable and effective landscape
barrier at any perimeter of the property adjacent to a public street.
Such buffer strip shall be at least 10 feet wide and shall channel
motor vehicle ingress and egress from the property, providing a maximum
of one access road per 200 feet of frontage and in no case more than
two access roads per property. Parking lot landscaping shall be provided
in accordance with a design developed and approved during the land
development process.
(13)
Utilities. All development shall be served by
public sewer and water. All utilities shall be underground.
(14)
Outdoor land use. There shall be no outdoor
storage or display of goods or materials for marketing, sale or any
other purpose. The outdoor storage of trash shall be designed and
maintained to be completely screened from view by a landscape buffer.
Because this use is permitted in a residential district, no lighting
or sound amplification of any kind shall be permitted within 600 feet
of a property utilized for residential purposes not separated from
the site by an arterial highway (except for security lighting and
site lighting in connection with parking or pedestrian walkways which
have been approved by the Township). Sound amplification shall be
permitted, but only in such locations, at such times and at such volumes
as shall be directed by the Board of Supervisors in the conditional
use decision to protect nearby residential properties from adverse
impact. No outdoor activities of any kind shall be permitted within
the hours of 10:00 p.m. to 7:00 a.m., except for the use of the swimming
pool.
(15)
Site lighting. Exterior lighting provided in
conjunction with any building shall be placed not higher than 14 feet
above grade and shall be screened so as not to permit the source of
illumination to be seen from off the premises. Only incandescent or
color-corrected types of illumination shall be used. The hours of
operation of such light shall be limited to normal business hours,
and in no case shall lights (except as deemed minimally necessary
for security in the opinion of the Board of Supervisors) remain illuminated
between 12:00 midnight and 6:00 a.m., prevailing time.
[Ord. 246. Passed 12-22-1987]
(a)
Minimum lot area.
(1)
In an A-1 Residential District, a lot area of
not less than 80,000 square feet shall be provided for every dwelling
or other building where neither public sewer nor public water is available.
(2)
Where either public sewer or public water is
available, a lot area of not less than 60,000 square feet shall be
provided for every dwelling or other building.
(3)
Where both public sewer and public water are
available, a lot area of not less than 35,000 square feet shall be
provided for every dwelling or other building.
(b)
Density. The number of dwelling unit shall not exceed
0.90 dwelling unit per developable acre over the developable area
of the entire tract, including that portion of the tract to be reserved
as permanent or common open space. This limitation shall in all cases
govern density.
(c)
Minimum Lot Width. A lot width of not less than 175
feet at the building line shall be provided for every dwelling or
other building.
[Ord. 246. Passed 12-22-1987]
(a)
Front yards. In an A-1 Residential District, there
shall be a front yard on each lot, which yard shall be not less than
65 feet in depth.
(b)
Side yards. There shall be two side yards on each
lot, neither of which shall be less than 45 feet in width.
(c)
Rear yards. There shall be a rear yard on each lot,
which yard shall be not less than 65 feet in depth. An accessory use
structure, if entirely separate from the main building and located
at least 10 feet farther back than the rear of the main building,
may be erected in the rear yard, but not within 10 feet of the rear
or side property lines.
[Ord. 246. Passed 12-22-1987]
(a)
Building coverage.
(1)
In an A-1 Residential District, the total building
coverage shall not exceed 10%.
(2)
Where either public sewer or public water is
available, the total building coverage shall not exceed 15%.
(3)
Where both public sewer and public water are
available, the total building coverage shall not exceed 20%.
[Ord. 246. Passed 12-22-1987; Ord. 257. Passed 6-21-1988; Ord. 409.
Passed 7-22-2003]
(a)
The maximum height for dwellings, buildings or other
structures erected or enlarged in an A-1 Residential District shall
be 45 feet, not exceeding 2 1/2 stories.
(b)
The maximum height for any building accessory to any
dwelling shall be 14 feet, not exceeding one story, except that by
special exception, the height of accessory buildings constructed entirely
outside any mandatory set-back areas on lots exceeding 40,000 square
feet shall not exceed 35 feet or 2 1/2 stories.
[Ord. 246. Passed 12-22-1987]
(a)
Residential. For each dwelling unit in an A-1 Residential District, two all-weather off-street parking spaces shall be provided in accordance with Chapter 1294.
(b)
Nonresidential. For any permitted use other than a residential use, parking facilities shall be provided in accordance with Chapter 1294. Further, such parking shall not occupy any portion of the front, side or rear yards required under this chapter.
(c)
Setbacks. No parking area or driveway shall be located
closer than five feet to any property line, except the portion of
the driveway required for normal ingress and egress.
[Ord. 246. Passed 12-22-1987]
(a)
Permanent open space. With the exception of a development in accordance with the regulations of the A Residential District, as permitted in Section 1258.02(b)(1), not less than 10% of the gross area of a tract in an A-1 Residential District shall be preserved as permanent open space. Such permanent open space shall be provided in accordance with Section 1258.11(a) and shall not consist of any undevelopable land. The permanent open space may be offered for dedication, but shall not be required to be offered. Any organization which shall own the permanent open space shall comply with the requirements of Section 1258.11(b)(2) or (3).
[Ord. 246. Passed 12-22-1987]
Cluster developments in accordance with the development standards contained in Section 1258.10 shall be permitted in an A-1 Residential District, as a conditional use subject to the provisions of Section 1298.07 on sites meeting the following criteria:
(a)
The tract of land to be developed shall be a minimum
of 10 acres and shall be in single and separate ownership or shall
be the subject of an application filed jointly by all the owners of
the entire tract, who shall stipulate that the entire tract will be
developed in accordance with the approved plan.
(b)
A planned cluster development shall be serviced by
public water and public sewerage acceptable to the Board of Supervisors
and subject to the approval of the Pennsylvania Department of Environmental
Resources or any applicable local authority.
[Ord. 246. Passed 12-22-1987. Ord. 377. Passed 9-25-2000]
Cluster developments in an A-1 Residential District shall be developed in accordance with the provisions for development in such District, above, except as specifically modified by this section and by Section 1258.11.
(a)
Use regulations. In a cluster development, single-family
detached residential dwellings, open space and recreational areas
and structures shall be permitted.
(b)
Density. The number of dwelling units shall not exceed
1.00 per developable acre over the developable area of the entire
tract, including that portion of the tract to be permanently reserved
as common open space. This limitation shall in all cases govern density.
(c)
Lot area. A lot area of not less than 23,000 square
feet shall be provided for every dwelling. Undevelopable land shall
not be counted when calculating the minimum lot area, although such
undevelopable land may be included within individual lots if permitted
by the Board of Supervisors.
(d)
Minimum lot width. A lot width of not less than 140
feet at the building line shall be provided for every dwelling.
(e)
Yard regulations.
(1)
Front yards. There shall be a front yard on
each lot, which yard shall be not less than 50 feet in depth.
(2)
Side yards. There shall be two side yards on
each lot, neither of which shall be less than 35 feet in width.
(3)
Rear yards. There shall be a rear yard on each
lot, which yard shall be not less than 60 feet in depth.
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An accessory use structure, if entirely separate
from the main building and located at least 10 feet farther back than
the rear of the main building, may be erected in the rear yard, but
shall not be located within eight feet of the rear or side property
line.
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(4)
Yards adjacent to single-family residential
districts. Yard areas shall be provided on lots adjacent to lands
in other Single-Family Residential Districts, as required, so that
individual lots in an A-1 District shall not have smaller adjacent
yards than those required for individual lots in the adjacent Residential
District. In the event that the specific lot in the immediate adjacent
residential district is eligible for cluster development (and, therefore,
a reduction of yard regulations), this provision shall not apply.
[Ord. 246. Passed 12-22-1987. Ord. 377. Passed 9-25-2000]
(a)
Common open space in an A-1 Residential District shall
be designed in accordance with the following standards:
(1)
Common open space shall be so designated on
the plans, and the plans shall contain a notation stating: "Common
open space shall not be separately sold and shall not be further developed
or subdivided."
(2)
Common 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.
(3)
Common 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. Common open space
shall contain appropriate access improvements and shall be provided
with perimeter parking areas as appropriate.
(4)
Common open space shall consist predominantly
of natural environmental features or planted and maintained vegetation
which may contain walking, biking or equestrian trails.
(5)
The common open space shall be acceptable to
the Board of Supervisors.
(6)
Common open space shall be designed, wherever
possible, to complement and preserve the tract's natural resources,
including, but not limited to, trees, wetlands, floodplains, riparian
buffers, steep slopes, wildlife habitat, scenic views and interconnected
greenways.
(7)
Common open space may be designed to provide
active recreation opportunities.
(8)
Common open space shall be designed to preserve
or enhance historic landscapes or attractive streetscapes within and
around the proposed cluster development.
(9)
Common open space shall not be provided in narrow
strips of land less than 50 feet in width unless such strips contain
perimeter trails or trail connections or unless such strips have frontage
on public roads and provide access to larger contiguous areas of common
open space.
(10)
Common open space shall be designed in accordance
with the Lower Gwynedd Township Open Space Plan.
(11)
When common open space is proposed for any cluster development under this chapter, a note or notes on the record subdivision plan shall indicate the proposed uses as well as the proposed types and schedules of maintenance for each open space parcel shown on the plan without regard to the proposed ownership of such open space parcel by the township, a homeowners association to be created or an organization permitted under Section 1256.11(b)(2) below. The plan itself shall also depict a method of physically delineating private lots from common open space areas by the use of fencing, sections of fencing, easily visible corner posts or other monuments or methods acceptable to the Board of Supervisors.
(b)
Provision for ownership and maintenance of common
open space shall be made in a manner so as to ensure its preservation.
This shall be accomplished in one of the following ways:
(1)
The developer shall offer the common open space
for dedication for public use and maintenance, if required by the
Township. However, the Township need not require that the common open
space be dedicated, nor accept a dedication of the common open space
if offered.
(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 common open space, or a portion thereof, to a private,
nonprofit 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 in the event that the organization
becomes unable or unwilling to continue to carry out its functions.
C.
A maintenance agreement acceptable to the Township
is entered into by the developer, organization and Township.
(3)
If the Township does not require dedication
or permit transfer to a conservation organization as permitted in
paragraph (b)(2) hereof, the developer shall provide for and establish
an organization for the ownership and maintenance of the common open
space consistent with the requirements for unit owners' associations
found in the Pennsylvania Uniform Condominium Act, 68 Pa. C.S. 3101
et seq. If such an organization is created, the deeds and agreements
of sale for the common open space and for all individual lots within
the tract shall contain the following requirements in language acceptable
to the Township Solicitor:
A.
Such organization shall not dispose of the common
open space by sale or otherwise except to the Township or other governmental
body, unless the Township has given prior approval. Such transfer
shall be made only to another organization which shall maintain the
common open space in accordance with this chapter.
B.
The organization and all lot owners within the
development shall agree to be bound by the provisions of Section 705(d)(2)
and (3) of the Pennsylvania Municipalities Planning Code, Act of July
31, 1968, P.L. 805, No. 247, as amended, 53 P.S. 10705(d)(2) and (3),
relating to Township maintenance of deteriorating open space, and
providing for the ability of the Township to access and lien the properties
within the development.
C.
All lot owners within the development shall
be required to become members of the organization and pay assessments
for the maintenance of the common open space, which assessments may
be increased for inflation and which may provide for professional
management.
D.
The Township may require the formation of a
reserve fund to cover capital improvements to the common open space.
[Ord. 246. Passed 12-22-1987. Ord. 377. Passed 9-25-2000]
In order to provide for increased preservation of open space, a developer of a tract within an A-1 Residential District may request as a conditional use, in accordance with Section 1298.07, that the tract be permitted to be developed at a higher density if there is preservation of open space in addition to that required by Section 1258.09. All developments under these density bonus provisions shall meet the following requirements and shall comply with all applicable requirements for cluster developments provided in this chapter, and all common open space shall comply with Section 1258.11.
(a)
Use regulations. In a cluster development with density bonus, single-family detached residential dwellings, open space and recreational areas and structures shall be permitted. All residential uses shall be subject to the general regulations applicable to an A-1 Residential District, except as specifically modified by Sections 1258.09 through 1258.11 and this section.
(b)
Density regulations. The total number of dwelling units which shall be permitted in a cluster development with density bonus shall be contingent upon the percentage of the gross area of the tract reserved for common open space uses in addition to all undevelopable areas. For every five percent of the gross area of the tract reserved for common open space above the minimum required under Section 1258.09(c) (which consists of ten percent of the gross area of the tract plus all undevelopable land), a corresponding five-percent increase shall be allowed in the density as set forth in Section 1258.10(b) up to the maximum of 1.25 dwelling units per developable acre. The maximum density computed by this method, as set forth in the table below, shall in all cases govern density.
|
Minimum Open Space
|
Maximum Density in Dwelling Units Per
Developable Acre
| |
|---|---|---|
|
15% of the gross area of the tract plus all
undevelopable area
|
1.05
| |
|
20% of the gross area of the tract plus all
undevelopable area
|
1.10
| |
|
25% of the gross area of the tract plus all
undevelopable area
|
1.15
| |
|
30% of the gross area of the tract plus all
undevelopable area
|
1.20
| |
|
35% of the gross area of the tract plus all
undevelopable area.
|
1.25
|
(c)
Development standards. The minimum area of any lot and the minimum dimensions of lot width at the building line, front yard, side yards and rear yard which shall be permitted in a cluster development with density bonus shall be contingent upon the percentage of the gross area of the tract reserved for common open space uses in addition to all undevelopable areas. For every 5% of the gross area of the tract reserved for common open space above the minimum required under Section 1258.09(c) (which consists of ten percent of the gross area of the tract plus all undevelopable land) to be reserved for common open space, to a maximum of 35% of the gross area of the tract plus all undevelopable area, a corresponding decrease shall be allowed in the minimum area of any lot and the minimum dimensions for lot width at the building line, front yard, side yards and rear yard as set forth in Section 1256.10. The yard required by Section 1256.10(e)(4) shall not be reduced under this section.
(d)
Historic or cultural resources. In a cluster development with density bonus under this section, as a conditional use, the maximum permitted tract density may be increased by 5% of the 1.00 dwelling unit per developable acre, in addition to the increase set forth in subsection (b) hereof, where the tract contains one or more Township historic or cultural resources, and such Township historic or cultural resources shall be preserved as a part of the development plan.
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A Township historic or cultural resource shall
be defined as a site or structure listed in the National Register
of Historic Places, the Pennsylvania Historic Resources Survey, the
Montgomery County Inventory of Historic and Cultural Resources, a
listing of historic and cultural resources compiled by the Board of
Supervisors or the Planning Commission, or other appropriate documentation,
or a site or structure seeking listing as a historic resource from
any or all of the above listings.
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[Ord. 246. Passed 12-22-1987]
A cluster development or cluster development with a density bonus shall be available as a conditional use in an A-1 Residential District. All applications for this conditional use shall be made in accordance with the provisions of Section 1299.07. Such applications shall be subsequently considered as a subdivision and/or land development application and shall follow the procedures set forth in the Subdivision and Land Development Regulations.
