In expansion of the declaration of legislative intent found in Article I, § 285-2, of this chapter, and the statement of community development objectives found in Article I, § 285-3, of this chapter, it is the intent of this article to:
A.
To provide suitable areas within the Township to accommodate
medical, educational, religious or similar institutional uses and
park and recreation uses.
B.
To provide design and regulatory standards for institutional
and recreational facilities which will ensure the compatibility of
adjacent uses and which will minimize any adverse traffic or environmental
impacts.
The Institutional and Recreational District
shall be an overlay to the underlying districts as shown on the Zoning
Map. The following provisions shall also apply to the overlay district:
A.
The provisions of the Institutional and Recreational
District shall serve in place of the underlying district provisions.
B.
In the case of conflict between the provisions or
requirements of this district and those of any underlying district,
the provisions of this district shall apply.
C.
A change in the underlying zoning shall not affect
the classification of any land zoned as the Institutional and Recreational
District.
A.
Township buildings and facilities.
B.
Township, county, state and federal parks and open
space including, but not limited to, the Upper Perkiomen Valley Park,
held for conservation, recreation and open space preservation and
limited to uses of a nonintensive nature including picnic areas, playing
fields, bridle trails, hiking, bicycling, fishing, ice skating, overnight
camping, wildlife sanctuary, boating, playgrounds, tennis and golf
courses, but excluding driving ranges and miniature golf, and excluding
any intensively used outdoor recreation areas and facilities, especially
those of a commercial character.
A.
Public and/or private schools, elementary through
college levels, subject to the following requirements:
(1)
The proposed use shall have direct access to a feeder
or higher classification street according to the adopted ultimate
right-of-way map.
(2)
The proposed site shall not be subject to any hazard
or nuisance such as toxic matter, flooding, excessive noise or odor,
as determined by the Board of Supervisors.
(3)
No outdoor play areas or athletic field or courts
shall be located closer than 200 feet from any property line or street
ultimate right-of-way line and areas for spectator sports involving
public access shall be located not closer than 500 feet from any property
line or street ultimate right-of-way line, and these outdoor facilities
shall be fenced and sufficiently screened to protect the neighborhood
from excessive noise and other disturbances.
(4)
Residential uses may be permitted only as accessory
uses, incidental to the educational functions of the school, and may
include dormitories and other types of housing, located only on the
school's campus.
(5)
Schools shall not be permitted in any areas zoned
RP - Rural Preservation District.
B.
Community center, senior citizens center or similar
facility, provided the use shall not be conducted as a private for
profit business and no outdoor recreation area shall be located closer
than 200 feet to any lot line. Not permitted in areas zoned RP - Rural
Preservation.
C.
Library, museum or historical site open to the public.
D.
Place of worship and adjunct dwelling units for clergy
and support staff, including accessory social, recreational, day-care,
and educational uses directly administered by the institution. Cemeteries,
when owned and operated by a religious institution.
[Amended 4-10-2008 by Ord. No. 2008-05]
E.
Institutional headquarters of a registered nonprofit
organization.
F.
Medical, surgical or rehabilitation hospital, subject
to the following additional requirements:
(1)
The proposed site shall have direct access to a feeder
or higher classification street and shall not have driveway access
to local or residential streets whenever possible. The adopted ultimate
right-of-way map shall be used to determine street classifications.
(2)
Existing residential areas shall not be infringed
upon by significant increases in traffic volumes from the proposed
facility as determined by the applicant's traffic impact study.
(3)
The proposed site shall not be subject to any hazard
or nuisance such as toxic matter, flooding, excessive noise, or odor,
as determined by the Board of Supervisors.[1]
[1]
Editor's Note: Former Subsection G, Licensed institution for
housing and care of the elderly, handicapped or mentally ill, which
immediately followed this subsection, was repealed 6-13-2013 by Ord.
No. 2013-02. This ordinance also provided for the renumbering of former
Subsection H as Subsection G.
G.
Concessions on public lands including refreshment
stands, boat rentals, stables for boarding or renting horses and similar
activities whenever Township regulations are no preempted by another
jurisdiction. Concessions shall be subject to the following additional
requirements:
(1)
Concessions shall be buffered from residential districts
or uses and shall not use amplified sound.
(2)
Concessions shall be located at least 500 feet from
any residential property line.
(3)
Vehicular traffic through residential neighborhoods
shall be avoided to reduce neighborhood traffic hazards.
(4)
Moveable or vehicular concessions are prohibited.
[Added 6-13-2013 by Ord. No. 2013-02]
A.
The following uses shall be allowed by conditional use:
(1)
Licensed institution for housing and care of the elderly, handicapped
or mentally ill, including personal care, intermediate care and skilled
care facilities, and necessary support staff, subject to the requirements
of the Fair Housing Act, as amended, and further including a continuing
care retirement community (CCRC).
C.
In the event that an application for conditional use under this § 285-121.1 is filed, a separate application for the Institutional and Recreational District under § 285-123 for the proposed use shall not be required. An application for a conditional use under this § 285-121.1 shall also be considered an application for the Institutional and Recreational District under § 285-123 for the proposed use, and the grant of the conditional use application shall have the same force and effect as the grant of an application under § 285-123 for the proposed use.
[Amended 1-14-2010 by Ord. No. 2010-01; 6-13-2013 by Ord. No.
2013-02]
Permitted, special exception and conditional
uses shall comply with the following table unless a specific standard
is specified elsewhere in this article for the use:
A.
Minimum lot size: four acres gross lot area; 80,000
square feet net lot area.
C.
Minimum street frontage: 100 feet.
E.
Maximum building height: 40 feet (three stories).
F.
Maximum building coverage (net lot area): 30%.
G.
Maximum impervious surface coverage (net lot area):
40%.
H.
Minimum vegetation, trees or landscaping (gross lot
area): 30%.
I.
Minimum distance between buildings: 50 feet.
Applications for the Institutional and Recreational District shall satisfy the following criteria and the standards of § 285-124, herein:
A.
A community impact analysis shall be submitted to
the Township containing the following information for review by the
Township Planning Commission and the Board of Supervisors:
(1)
The compatibility of the proposed development with
land uses that are adjacent to the site, and consistency with the
Township Comprehensive Plan.
(2)
The impact of the proposed development on sensitive
natural areas including floodplains, steep slopes, woodlands, waterways,
recreational areas and conservation areas.
(3)
The impact of the development on public utilities,
including sewage disposal, water supply, solid waste disposal, storm
drainage and electrical utilities; and the provision of police and
fire protection.
(4)
A traffic impact study shall be submitted as required by § 285-73, when required by the Board of Supervisors.
(5)
Documentation of onsite or offsite improvements proposed
to alleviate any projected negative impacts of the development.
B.
The use shall not generate undue and/or extraneous
noise, noxious odors, air pollution or glare, or result in pedestrian-vehicular
conflict or other safety hazards to people or property. Outdoor recreation
facilities shall only be permitted where the noise generated by the
use will have a minimal impact on nearby residential uses.
C.
Outdoor storage, waste disposal and loading areas
shall be screened from streets and adjacent uses to preserve the character
of the surrounding area. Such activities shall be located to the rear
of structures. The location and design of parking areas shall be in
harmony with preserving the general appearance and character of the
area.
D.
If the evidence provided by the applicant regarding Subsections A, B and C, above, is sufficient to convince the Board of Supervisors that the proposal is suitable, then the Institutional and Recreational District shall be applied to the applicant’s land, and development plans may be submitted in compliance with applicable Township regulations. The Upper Frederick Township Zoning Map shall be amended in accordance with the provisions of the Pennsylvania Municipalities Planning Code to apply the standards of the Institutional and Recreational District to those areas approved by the Board of Supervisors.
[Amended 4-10-2008 by Ord. No. 2008-05]
E.
Once the Supervisors have approved a proposal as being
suitable for the Institutional and Recreational District, and the
Upper Frederick Township Zoning Map is changed to so designate, only
the use proposed by the application submitted under this section shall
be permitted without further application to the Board of Supervisors.
[Added 4-10-2008 by Ord. No. 2008-05]
[Amended 6-13-2013 by Ord. No. 2013-02]
Uses in the Institutional and Recreational District shall comply
with the development standards below:
A.
Uses in the Institutional and Recreational District shall comply
with the development standards below:
(1)
Traffic and access. The applicant shall demonstrate that satisfactory
provisions are made to prevent traffic congestion and hazards to the
surrounding area. Provisions shall be made for safe and efficient
ingress and egress to and from the development. A traffic impact study
may be required for any use in this district to demonstrate the adequacy
of the access points and streets for accommodating the traffic generated
by the proposed use. Existing residential areas shall not be infringed
upon by significant volumes of traffic from the proposed use.
(2)
Water. If expected demand for water is in excess of 500 gallons
per day, the applicant shall demonstrate to the Board of Supervisors
that a well on the site will not adversely affect existing water supply
systems in the area.
(3)
Neighborhood impact. The impact of the proposed use on the surrounding
properties and neighborhood shall be considered. The use shall not
adversely affect the general welfare or orderly development of the
general neighborhood in which it is proposed. The scale, form and
appearance of structures and open space should be compatible with
the general character of the residential area.
B.
Traditional neighborhood design option within a continuing care retirement community. A traditional neighborhood design option within a continuing care retirement community development shall comply with the following development standards and other provisions. Such development standards and provisions shall apply to that portion of the CCRC land on which the TND option development is proposed, except for the maximum lot and density regulations of Subsection B(5) below, which shall apply to the entire CCRC land and the existing development thereof as proposed for further development under the TND option. Additionally, upon completion of the TND option development, the area and height regulations of Subsection B(6) below, and the minimum parking regulations of Subsection B(7) below, shall apply to any further development of the CCRC land whether within or without the TND option development.
(1)
Legislative intent. Consistent with and in furtherance of the legislative intent specified in § 285-118, the traditional neighborhood design option within a continuing care retirement community is primarily intended to do the following:
(a)
Promote a mix of diverse but compatible types of residential
development within a new or existing community which provides housing
and care for the elderly, handicapped or mentally ill.
(b)
Avoid development that could cause inefficient patterns of land
use.
(c)
Encourage a blend of open space areas and a mix of housing types
at medium to high densities to serve the age group of the community.
(d)
Provide for safe and convenient pedestrian, bicycle and vehicle
circulation.
(e)
Encourage the creation of a sense of place and a community spirit
that promotes social interaction and volunteerism.
(2)
Establishment of design option. The traditional neighborhood
design option within a continuing care retirement community shall
be permitted in the Institutional and Recreational District as an
overlay to the underlying R-40 High Density Residential District only.
The following provisions shall also apply to the design option:
(b)
In the case of conflict between the provisions or requirements of the traditional neighborhood design option within a continuing care retirement community, as set forth in Subsection B, and the provisions or requirements of the underlying R-40 High Density Residential District or other provisions or requirements of this article or chapter, the provisions or requirements of this Subsection B shall apply.
(3)
Process. A development for a traditional neighborhood option within a continuing care retirement community shall be permitted on land only within the R-40 High Density Residential District and only upon the grant of a conditional use for the development as provided by § 285-121.1.
(4)
Dwelling types. The following dwelling types shall be permitted
within the traditional design option for continuing care retirement
community (CCRC):
(5)
Lot and density regulations.
(a)
A development for a traditional neighborhood option within a
continuing care retirement community shall be permitted within a continuing
care retirement community which is operated as an integrated unit
on all or part of a tract of land having a minimum gross lot area
of 40 acres. The tract of land may consist of one parcel of land having
a minimum gross lot area of 40 acres. The tract of land may also consist
of two or more adjacent parcels of land, under common ownership, having
a combined minimum gross lot area of 40 acres, whether or not the
parcels were acquired at the time of the initial development of the
continuing care retirement community or thereafter. If the tract of
land consists of two or more parcels, the developer, as a part of
the approval of a development for the TND option within a CCRC, shall
be required to consolidate all parcels into one parcel.
(b)
The maximum density shall be no more than six dwelling units
per developable acre. For purposes of such density, each independent
living unit/cottage shall be equal to one dwelling unit.
(c)
The maximum building coverage of all dwelling units shall not
exceed 30% of the net lot area.
(d)
The maximum impervious coverage shall not exceed 50% of the
net lot area.
(e)
Not less than 60% of the gross lot area at the time of subdivision
or land development approval shall be retained as vegetation, trees
or landscaping.
(6)
Area and height regulations.
(a)
The minimum building setback from access drives shall be 30
feet from the center line. Front-load garages (whether or not detached
garages) along access drives (facing the access drive) shall be set
back a minimum of 20 feet from the back of the sidewalk (the edge
of the sidewalk away from the access drive).
(b)
The minimum building setback from any alley shall be three feet
from the edge of the pavement.
(c)
The minimum building setback from any legal and/or ultimate
right-of-way shall be 100 feet.
(d)
The minimum building setback from all property lines shall be
50 feet.
(e)
The minimum building separation requirements shall be as follows:
[1]
For single-family detached, two-family building, elder cottage
or single-family attached containing three units or fewer, the following
standards shall apply:
[a]
Distance between side faces of buildings: 15 feet.
[b]
Distance between side and front and/or rear faces
of buildings: 30 feet.
[c]
Distance between front and rear faces of buildings:
50 feet.
[d]
Distance between front faces of buildings: 50 feet.
[e]
Distance between rear faces of buildings: 30 feet.
[f]
Distance between corners of buildings: 15 feet.
[2]
For apartment, multifamily building or single-family attached,
containing more than three dwelling units, the following standards
shall apply:
[a]
Distance between side faces of buildings: 25 feet.
[b]
Distance between side and front and/or rear faces
of buildings: 50 feet.
[c]
Distance between front and rear faces of buildings:
50 feet.
[d]
Distance between front faces of buildings: 50 feet.
[e]
Distance between rear faces of buildings: 50 feet.
[f]
Distance between corners of buildings: 25 feet.
(f)
The minimum side or rear yard requirement for an accessory structure
or building shall be five feet.
(g)
The maximum building height shall not exceed 40 feet or three
stories.
In order to enhance the aesthetic character
of the community, suitable vegetation shall be planted along streets,
between lots and between zoning districts as follows:
A.
Screening buffer. Screening buffers shall be provided where institutional uses abut property developed and used for residential purposes. The screen buffer area shall be a minimum of 25 feet in width along the property line and shall contain hedge, evergreen trees, shrubbery or other suitable vegetation of sufficient planted density to provide a total visual screening consistent with the topography, the existing vegetation and the use of adjacent land. Whenever possible, the owner shall make every effort to retain existing natural screening, such as trees, shrubbery and topography. Screening buffers must be developed in accordance with the provisions of Chapter 240, Subdivision and Land Development.
B.
Softening buffers. Softening buffers shall be provided
when institutional uses abut any other property lines. The minimum
number of trees and shrubs shall be as follows, planted either formally
or in imaginative groupings:
