[Added 5-14-1970 by Ord. No. 434]
In R-5a Apartment Districts, the following regulations
shall apply.
A.
A building may be erected, altered or used and a lot
or premises may be used for any of the following purposes and no other:
(1)
Single-family detached dwelling; educational, religious
or philanthropic use, hospital or sanitarium, when authorized as a
special exception; club or fraternity house, when authorized as a
special exception; and municipal recreational use.
[Amended 7-13-1972 by Ord. No. 446; 1-16-1997 by Ord. No. 604; 6-10-1999 by Ord. No. 635]
(2)
Apartment house.
(3)
Townhouse.
[Added 12-10-1992 by Ord. No. 581]
B.
Accessory use regulations. The following accessory
uses are permitted under the conditions specified. Unless indicated
otherwise, no accessory use is permitted within a rear, side, front
or court yard as required herein.
(2)
Storage garages. All storage for other than passenger
vehicles shall be structurally enclosed.
(3)
Living accommodations for watchmen and caretakers
employed upon the premises, provided that any such accessory living
accommodation shall be located within an apartment house.
(4)
Laundry, provided that it is for the exclusive use
of residents of the site.
(5)
Laundry drying areas, provided that they are screened
from adjoining property and public view by a wall, fence or hedge.
(6)
Recreation building, eating or medical care facility,
provided that it is for the exclusive use of residents of the site
and their guests.
(7)
Swimming pools and patios or terraces, provided that
safety and sanitary standards as specified by the Board of Commissioners
are maintained.
(8)
Refuse collection centers accessible to the street
system, provided that they are screened from adjoining property and
public view by a wall, fence or hedge.
(9)
Any other uses that are similar to those set forth
in this subsection and that are customarily incidental to an apartment
house, subject to the approval of the Board of Commissioners.
Each apartment house shall be provided with
not less than the following space standards:
A.
Height and area requirements.
(1)
Maximum height. The maximum height of an apartment
house shall be 35 feet, and not more than 2 1/2 stories or floors
for human habitation. No accessory building shall exceed 20 feet in
height.
[Amended 8-10-2006 by Ord. No. 711]
(2)
Maximum building length. In no case shall a wall of
any one apartment house exceed 160 feet in length.
(3)
Minimum apartment size.
[Amended 7-6-1977 by Ord. No. 480]
(a)
No apartment shall be less than 800 square feet
in net usable floor area, including partitions and walls and excluding
areas of joint use with other occupants. Apartments with two or three
bedrooms shall be no less than 1,200 square feet in net usable floor
area, including partitions and walls and excluding areas of joint
use with other occupants.
(b)
No townhouse shall be less than 1,200 square
feet in net usable floor area, including partitions and walls and
excluding areas of joint use with other occupants.
(4)
Minimum lot area and width. An apartment site shall
be a lot not less than three acres in size and shall have a width
at the building line of not less than 280 feet.
(5)
Determination of number of units.
[Amended 7-6-1977 by Ord. No. 480]
(a)
The number of apartments permitted on a lot
shall be determined according to the following schedule: There shall
be no more than 10 apartment units per acre. Not more than 1/2 of
the total apartment units shall have two bedrooms or more; furthermore,
not more than 1/10 of the total apartment unit shall have three bedrooms.
(b)
There shall be no more than six townhouse dwelling
units per acre.
(6)
Floor use restriction. Apartments shall be permitted
only on any floor where the apartment floor is completely above grade
at one exterior wall.
(7)
Bedroom restriction. Not more than three bedrooms
shall be permitted in any one apartment.
(8)
Maximum lot coverage. Not more than 15% of the lot
area may be covered by buildings used for human occupancy.
(9)
Yards.
(a)
Front yards.
[1]
There shall be a front yard not less than 75
feet in depth between any apartment house or accessory building wall
and any public street.
[2]
Whenever a service entry to an apartment house
faces a public street lying within 100 feet of the entry, there shall
be a continuous vision-screening wall, fence or hedge not less than
six feet in height between the public street and the apartment house.
(b)
Side and rear yards.
[1]
There shall be side and rear yards not less
than 50 feet in depth.
[2]
Whenever a service entry to an apartment house
faces a dwelling on an adjacent lot within 100 feet, there shall be
a continuous vision-screening wall, fence or hedge not less than six
feet in height between the adjacent dwelling lot and the apartment
entry.
(c)
Inner courtyards.
[1]
Whenever a two- or two-and-one-half-story apartment
house faces on a rectangular inner court, the minimum width and length
of the court shall be 60 feet. When all apartment houses facing on
a rectangular inner court are one story in height, the minimum width
and length of the court shall be 40 feet.
[2]
All such courts shall have a minimum of four
openings permitting access from outside the building groups into the
court. These openings shall be at least 10 feet in width between buildings
and may be covered by a roof, but not by any other part of a building,
and shall be of sufficient size to permit access to courtyards by
emergency vehicles, including fire vehicles.
[Amended 12-10-1992 as Ord. No. 581]
(d)
Outer courtyards. The minimum width of any outer
court shall be 40 feet, and its depth shall not exceed its width.
(e)
Special conditions.
[1]
No building intended for human occupancy on
any lot shall intrude into the area enclosed by the arc of a circle
with a radius of 60 feet extending 45º on each side of a line
perpendicular to the center of any window other than a bathroom, bedroom
or kitchen window. If both buildings involved are one story in height,
the radius of the circle may be reduced to 40 feet. This limitation
shall not apply to any wall of the same or another building, the plane
of which intersects the plane of the wall in which the window is mounted
at an exterior angle of 90º or more.
[2]
No window of an apartment shall be so situated
such that the projection of a line perpendicular to the wall within
which said window is mounted from any point within the jambs of said
window or within four feet outside the jambs of said window shall
intersect the wall of the same or another apartment house within 40
feet.
[3]
In no case shall the wall of an apartment house
be less than 10 feet from the wall of the same or another apartment
house measured along any line perpendicular to either wall.
[4]
In no case shall the wall of any detached accessory
building be less than 20 feet from the wall of any apartment house
measured along any line perpendicular to either wall.
[5]
The front of any apartment shall not face the
rear of any other apartment unless the distance between the apartments
is at least 60 feet and the service entries are screened by a continuous
wall or fence at least six feet high
(10)
Use of the open space.
(a)
No more than 60% of the lot area may be occupied
by a combination of buildings, streets, driveways and parking areas.
(b)
Of the minimum requirement of 40% open space,
a minimum of 50% must be suitable for such recreation purposes as
a tot-lot, sitting area and suitable games and similar activities.
[Amended 12-10-1992 as Ord. No. 581]
B.
Other requirements.
(1)
A landscaped planting area shall be provided and maintained
along any property line, other than in a street, which the lot abuts,
of not less than 15 feet in depth. The landscaping shall be permanent
and designed for screening from view residential, commercial and industrial
uses which are adjoining and contiguous to the apartment house project.
Continuous hedges may not be used except in connection with play areas
and then only when kept low and having an acceptable appearance.
[Amended 12-10-1992 as Ord. No. 581]
(2)
Areas for the deposit, retention and disposal of waste
materials shall be screened from view.
(3)
No building shall be located on land subject to flooding.
(4)
The developer shall be required, where possible, to
preserve or incorporate natural features, such as woods, streams and
open space areas, which add to the overall cohesive development of
the apartment house district and overall Township development.
(5)
The developer shall be encouraged to give consideration
to the provision of community areas, laundry facilities, playgrounds,
open space and tot-lots and other services necessary for the comfort
and convenience of garden apartment residents.
(6)
All roof, parking and delivery collection areas and
traveling lanes shall be provided with drainage facilities to collect,
transport and deliver, via underground conduits, storm- or surface
waters to the nearest storm sewers or stream as approved by the Township
Engineer.
(7)
The developer shall be required to plant street trees
abutting each street or road and trees for shade and beautification
within a lot.
[Amended 12-10-1992 as Ord. No. 581]
Each apartment house site shall provide the
following fire, street and parking requirements:
A.
Fire lanes.
(1)
No apartment shall be located more than 150 feet from
a duly improved and accessible fire lane, as defined herein, nor more
than 600 feet from a duly dedicated, accessible and improved public
street. If any apartment is located further than 600 feet from a public
street, then a subdivision plat must be filed and approved by the
Board of Commissioners before a building plan shall be considered
for approval.
(2)
Fire lanes shall have a minimum unobstructed right-of-way
width of 40 feet, and there shall be constructed within this right-of-way
an all-weather and well-drained surfaced cartway with a minimum width
of 20 feet. The extension of fire lanes shall begin from one or more
existing and improved public streets.
(3)
Fire lanes which curve, turn or change direction shall
have a minimum radius of 55 feet at the edge of the pavement. Fire
lanes containing reverse curves shall have a minimum center-line tangent
length of 50 feet between curves.
(4)
Dead-end fire lanes shall be terminated with an unobstructed
vehicular turnaround or cul-de-sac with a minimum right-of-way radius
of 45 feet and shall have a minimum surfaced radius of 35 feet. Dead-end
fire lanes shall have a maximum length of 400 feet.
(5)
The location of fire lanes shall conform to plans
for the extension of streets, sanitary sewers, water mains, storm
sewers and other drainage facilities and public utilities as contained
in this chapter and other ordinances of the Township of Nether Providence
and shall provide adequate access to buildings by firemen and other
emergency services.
B.
Private streets. Private streets or lanes, where not
required for use as fire lanes as specified herein, may have a minimum
right-of-way width of 25 feet and a minimum cartway width of 18 feet.
The location and use of private streets or lanes is subject to the
approval of the Board of Commissioners.
C.
Driveways and off-street parking.
(1)
All driveways shall conform to the standards specified
above for private streets.
(2)
Parking spaces shall be provided according to the
number of bedrooms per apartment as indicated below:
|
Bedrooms per
Apartment
|
Required Parking
Space per Apartment
|
|---|---|
|
1
|
1 1/2
|
|
2
|
2
|
|
3
|
2 1/2
|
(3)
Each such parking space shall provide a minimum of
200 square feet of off-street paved parking surface, exclusive of
the space needed for access and maneuvering. Such off-street parking
space may be provided as an individual garage or carport or a parking
compound adjacent to or near the apartment it serves but not closer
than 20 feet to an apartment wall containing windows or 10 feet to
a blank wall, except when located within the apartment house. A maximum
of 40 individual parking spaces may be placed together in a parking
compound. All such compounds of parking spaces must be separated by
a planting strip not less than 10 feet in width. Parking access shall
be screened by a substantial wall, fence, thick hedge or other equivalent
visual screen with a height of not less than six feet and approved
by the Board of Commissioners. No parking space shall be located within
10 feet of any lot line inside or near yards or within any front yard,
except that parking areas may be located within 10 feet of front lot
lines, provided that the parking areas are screened by a continuous
wall, hedge, shrubbery, landscaped grade changes or other equivalent
visual barrier not less than six feet high and interrupted only at
entrances and exits.
(4)
The minimum required parking spaces shall not be met
by permitting on-street parking on any street, whether public or private.
(5)
All streets, driveways and parking areas are to be
properly lighted to assure safe driving conditions at night and security
for the residents. Such lighting is to be planned so as not to create
a nuisance for residents of adjacent lots.
D.
No driveway, private street or fire lane shall be
located within 10 feet of any lot line, except where required to provide
access to and from a public street.
E.
Parking, delivery/collection areas and traveling lanes
on each lot shall be paved with at least a four-inch stone base and
at least one-and-one-half-inch bituminous concrete wearing surface
or other types of construction as may be approved by the Township
Engineer. Concrete curbs shall be constructed in connection with each
parking area, delivery/collection area or traveling lane.
The following utilities and drainage facilities
are required for each apartment house or group of apartment houses:
A.
Utilities.
(1)
All utility connections are to be installed underground
unless special conditions require otherwise, subject to the approval
of the Board of Commissioners.
(2)
Where required, easements across lots centered on
rear or side lot lines shall be provided for utilities and shall be
at least 10 feet wide.
(3)
Water supply and sewage disposal must be furnished
in accordance with the requirements specified by the appropriate state,
county and Township officials.
B.
Drainage.
(1)
All areas on the site shall be properly graded to
provide adequate drainage.
(2)
Where the site is traversed by a watercourse, drainageway,
channel or stream, there shall be provided a drainage easement conforming
substantially to the lines of such watercourse, but not less than
10 feet wide, and of ample width to carry anticipated flows from the
one-hundred-year storm. Those areas occupied by required easements
that are not within a stream channel and are suitable for recreational
purposes may qualify as usable open space, subject to the approval
of the Board of Commissioners.
[Amended 12-10-1992 as Ord. No. 581]
[Amended 12-10-1992 as Ord. No. 581]
The developer shall submit to the Secretary
of the Board of Township Commissioners 10 copies of the plan of the
apartment development proposed in the form prescribed and all in accordance
with the Subdivision and Land Development Ordinance,[1] together with the supplemental data required thereby.
The plans will be processed by the Township in accordance with the
requirements of the Pennsylvania Municipalities Planning Code (MPC)[2] relating to land development.[3]
