[Added 12-21-2005 by Ord. No. 876]
It is the intent of this zoning district to:
A.
Provide for a greater variety of housing to serve
the needs of older persons who prefer an independent residential environment.
B.
Recognize that housing for older residents creates
less demand on community facilities and services than other types
of residential development.
C.
Preserve natural features such as woodland, steep
slopes, wetlands, and floodplains, and provide open space for residents
of each development.
D.
Provide greater design flexibility and efficiency
in the siting of housing and infrastructure.
E.
Implement the goals of the Township Comprehensive
Plan and Open Space Plan.
The provisions of this article shall serve as
an alternative form of development in the A, AA and AAA Residence
Districts, subject to the following:
A.
The parcel of land contains a minimum of 30 gross
developable acres.
B.
The parcel of land fronts on a principal arterial
road as designated in the Comprehensive Plan of 1998.
C.
The development is served by public or community sewer
and water.
D.
The proposed development shall be the subject of an
application filed by the owners of the entire parcel of land, and
it shall be agreed that the parcel of land shall be developed in a
unified manner, under a single direction and in accordance with the
requirements of this chapter.
A.
Single-family detached dwellings.
B.
Single-family semidetached dwellings.
C.
Open space and open space uses, such as golf course,
park, nature preserve, arboretum.
D.
Church or chapel, including residence for immediate
staff, when authorized by special exception.
E.
Elementary and nursery school or a family day-care
home, when authorized by special exception.
F.
Existing buildings on a tract may be converted to
multiple dwelling uses for two or more families, provided that each
dwelling shall have at least 1,250 square feet of living area.
G.
Accessory use on the same lot with a permitted use.
A.
Density. The number of homes permitted on a tract
shall not exceed 1.15 units per gross developable acre, nor shall
it exceed 1.3 units per net developable acreage.
[Amended 11-30-2015 by Ord. No. 938]
B.
Dimensional standards table.
[Amended 11-30-2015 by Ord. No. 938]
|
Dimensional Standard1
|
Single-Family Detached Units
|
Single-Family Semidetached Units
|
|---|---|---|
|
Minimum lot size
|
5,500 square feet
|
4,500 square feet
|
|
Minimum lot width
|
45 feet
|
40 feet
|
|
Minimum front yard
|
25 feet to the curb
|
25 feet to the curb
|
|
Minimum side yard
|
10 feet on each side
|
10 feet on one side
|
|
Minimum rear yard
|
20 feet
|
20 feet
|
|
Spacing between buildings when lots are not
provided
|
Side wall to side wall: 20 feet; rear wall to
rear wall: 60 feet; side wall to rear wall: 40 feet
|
Side wall to side wall: 20 feet; rear wall to
rear wall: 60 feet; side wall to rear wall: 40 feet
|
|
Maximum building area
|
20%
|
20%
|
|
Maximum building height2
|
35 feet
|
35 feet
|
|
Minimum open space (as percentage of gross developable
acreage)
|
60%
|
60%
|
|
NOTES:
| ||
|
1Lot sizes, lot widths
and yard requirements may be dispensed when the development is in
a condominium form of ownership.
| ||
|
2In cases where development setbacks are to be reduced, the maximum building height shall be 30 feet, per Subsection E.
| ||
C.
Nonresidential uses: Density and dimensional standards are set forth in the estate lot requirements found in § 114-3A2C, or as prescribed by the Board of Commissioners based upon the actual use proposed.
D.
Net developable acreage: The net developable acreage shall be calculated in accordance with § 114-21, Definition of terms. In performing the calculation, the following shall apply:
(1)
The floodplain area shall be as identified in § 114-12A(2).
(2)
Areas of slope shall be determined by either
U.S.G.S data or by a site survey.
(3)
Wetlands shall be as based on a jurisdictional
determination as issued by the U.S. Army Corps of Engineers.
(4)
Where two or more features overlap, the overlapping
acreage shall be counted only once and the most restrictive standard
shall apply.
E.
Development setbacks.
(1)
All dwelling units shall be set back from external
principal road ultimate rights-of-way by a minimum of 100 feet. For
tracts where road widening, turning lanes or deceleration lanes are
proposed, the setback shall be reduced to 75 feet if an effective
visual screen is constructed either through the use of existing vegetation
or the use of berms and landscaping.
(2)
All dwelling units shall be set back from all
other existing road ultimate rights-of-way a minimum of 50 feet.
(4)
All dwelling units shall be set back from all
other tract boundaries which abut existing single-family detached
lots a minimum of 100 feet, unless the buildings are less than 30
feet in height as measured at the front of the building, in which
case the setback from tract boundaries shall be a minimum of 50 feet
if an effective visual screen is constructed either through the use
of existing vegetation or the use of a combination berm and landscaping.
(5)
All dwelling units shall be set back from all
wetlands, floodplains, watercourses or water bodies by a minimum of
50 feet.
The initial proposal for a development shall
include an inventory and analysis of the site. The following site
elements shall be inventoried and mapped in sufficient detail to allow
evaluation of the plan by the Township relative to the intent of the
district.
A.
Physical resources. Identification of resources associated
with the natural environment of the site, including topography, soils,
hydrology and vegetation.
B.
Land use. Current land use and land cover, all buildings
and structures, and all encumbrances (e.g., easements, covenants).
C.
Visual resources. Scenic views onto the site from
surrounding roads and public areas, and views of scenic features from
within the site.
D.
Cultural and historic resources. Brief description
of the historic character of buildings and structures and the proposed
disposition of the resource(s).
E.
Context. General outlines of buildings, land use,
and natural features within 100 feet of the site.
A.
Development requirements.
(1)
All units shall be clustered together into compact
groups that shall be surrounded by open land.
(2)
Disturbance to woodlands, hedgerows, mature
trees, slopes over 15% or other significant vegetation shall be minimized.
(3)
Views of the development from exterior roads
shall be minimized by the use of changes in topography, berming, existing
vegetation or additional landscaping.
(4)
All units shall take access from interior roads
rather than roads external to the site. Existing dwelling units to
remain may take access from an external road with approval of the
Board of Commissioners.
B.
Open space.
(1)
The following uses are permitted in open space
areas:
(a)
Conservation of open land in its natural state
(e.g., woodland).
(b)
Passive recreation such as trails, community
garden, lawn and picnic areas.
(c)
Active recreation areas such as golf courses,
playing fields, playgrounds.
(d)
Easements for drainage, access, sewer or water
lines, or other public purposes.
(e)
Stormwater management facilities when BMP practices
are employed.
(f)
Parking areas of 10 or fewer spaces where needed
to serve active recreation facilities.
(2)
Open space shall be located and designed to
protect site features identified in the inventory and analysis as
having particular value and maximize common boundaries with open space
on adjacent properties.
(3)
Safe and convenient pedestrian and maintenance
access shall be provided to open space areas.
(4)
The following are prohibited in open space areas:
(a)
The construction of any buildings or structures
unless they are a part of an approved plan for the open space area.
(b)
The construction of any driveways, lanes or
pathways intended to be used by motor vehicles unless they are a part
of an approved plan for the open space area.
(c)
Use of motor vehicles except within approved
driveways and parking areas. Maintenance, law enforcement and emergency
vehicles are permitted as necessary.
(d)
Cutting of healthy trees, regrading, topsoil
removal, altering, diverting or modifying watercourses or water bodies,
except in compliance with a land management plan for the property
conforming to standards of forestry, erosion control and engineering,
and/or an approved land development plan.
C.
Unit characteristics.
[Amended 11-11-2009 by Ord. No. 898]
(1)
All of the provisions of Section C shall be
read in accordance with the provisions of the Federal Fair Housing
Act as it relates to housing intended for occupancy by persons 55
years of age or older; specifically, up to 20% of the units may be
occupied by persons who do not meet the age requirements of this section.
(2)
Otherwise, no more than three persons shall
occupy a dwelling on a permanent basis, at least one of whom shall
be 55 years of age or older. With the exception of full-time caregivers,
no persons under the age of 19 shall occupy a dwelling for more than
three months in a calendar year.
(3)
Otherwise, occupants, if unrelated by blood
or marriage, shall be 55 years of age or older.
(4)
Declaration
of age restriction. At the time of subdivision and land development,
as prerequisite to recording of any final plan approved, the developer
shall record a declaration against the entire tract, in a form acceptable
to the Township Solicitor, binding all properties and owners to the
provisions of this section, including the Federal Fair Housing Act
provisions that allow up to 20% of the units to be occupied by persons
who do not otherwise meet the age requirements of this section, and
shall further require that, with the exception of full-time caregivers,
any resident of an individual dwelling unit within the age-qualified
community under 19 years of age shall not reside in that unit for
more than three months in any calendar year.
A.
Purpose. The purpose of these regulations is to ensure
adequate planning for operation and maintenance of open space, recreation
facilities, stormwater facilities, and any other common or community
facilities.
B.
Ownership. The following methods of ownership may
be used, either individually or in combination:
(1)
Fee simple dedication to the Township, although
the Township shall not be required to accept the offer of dedication.
(2)
Homeowners' association, in accordance with
the following:
(a)
The applicant shall provide the Township with
a description of the organization, including its bylaws, and all documents
governing ownership, maintenance and use restrictions for common facilities.
These items must be submitted prior to the release of the first building
permits.
(b)
The organization shall be established by the
applicant and be operating (with financial subsidization by the applicant,
if necessary) before the sale of any dwelling units in the development.
(c)
Membership in the organization shall be mandatory
for all homeowners.
(d)
The organization shall be responsible for the
maintenance and insurance of common facilities.
(e)
Written notice of any proposed transfer of common
facilities by the association or the assumption of their maintenance
must be given to all members of the organization and to the Township
no later than 30 days prior to such event.
(f)
The organization shall have or hire adequate
staff to administer, maintain, and operate common facilities.
(g)
Dedication of easement to the Township or county,
although neither the Township nor the county shall be required to
accept the offer of dedication.
(h)
Transfer to a private conservation organization
which shall fulfill the maintenance, insurance and related obligations
required by this article.
C.
Maintenance and operation.
(1)
As a condition of final plan approval, the applicant
shall provide a plan for the maintenance and operation of common facilities
that:
(a)
Defines ownership.
(b)
Establishes necessary regular and periodic operation
and maintenance responsibilities.
(c)
Estimates staffing needs, insurance requirements
and associated costs and defines the means for funding on an ongoing
basis. Such funding plan shall include means for providing long-term
capital improvements as well as regular yearly operating and maintenance
costs.
(2)
At the Township's discretion, the applicant
may be required to escrow sufficient funds for the maintenance and
operation costs of common facilities for up to one year.
(3)
In the event that the organization established
to maintain common facilities, or any successor organization, fails
to maintain all or any portion of the common facilities in reasonable
order and condition, the Township may assume responsibility of maintenance.
The costs associated with this action may be charged to the property
owners) or homeowners' association (or similar organization), any
escrow funds may be forfeited and any permits revoked or suspended.
(4)
The Township may enter the premises and take
corrective action. The costs of such corrective action may be charged
to the property owner(s) or homeowners' association (or similar organization)
and may include administrative costs and penalties. Such costs shall
become a lien on said properties. Notice of such lien shall be filed
by the Township in accordance with applicable legal requirements.
