The purposes for the creation of the Active Adult Community
Overlay District and the development standards and other requirements
are:
A.
To recognize the need for the expansion of housing opportunities
and particularly the growing housing needs of older members of the
population.
B.
To recognize that less community facilities and services impacts
of elder communities and their lower average household size can justify
a higher density of development.
C.
To encourage the development of planned communities that offer a
mix of housing and nonresidential commercial retail and service uses,
designed to serve the planned community, in order to reduce the need
to travel off-site.
D.
To encourage innovative residential community site design that meets
the demand for varying dwelling unit types and provides for the recreational
and open space needs of the community's residents.
E.
To encourage more flexible site design standards that will provide
for the protection of the Township's environmental resources and the
preservation of its character.
F.
To encourage the most efficient use of Township's land and infrastructure
resources.
As used in this article, the following words and phrases shall
have the meaning herein indicated:
A planned residential development designed and developed
for the particular purpose of creating an environment that provides
for the specific housing and related ancillary facilities needs of
the population generally 55 years of age and older. Nothing in this
article shall be construed to be a violation of the Fair Housing Act
of 1968, Section 801-901, 42 U.S.C. §§ 3601-3631 (1968).
A landowner or developer, as hereinafter defined, who has
filed an application for approval of an active adult community development
plan, his heirs, successors and assigns.
That land, which may include water, area of an active adult
community that is designed and intended for the use and/or enjoyment
of the residents of the community, not including streets, off-street
parking areas and areas set aside for public facilities. Common open
space shall be free of structures except those intended for recreational
purposes and specifically approved by the Board as part of the approved
plan of the active adult community.
A building or buildings together with related outdoor areas
and facilities designed to provide for the recreational social and
limited commercial retail and service needs of the residents and guests
of an active adult community.
A tract of land that is not separated in any manner by land
owned by a person or persons other than the applicant, a public street
right-of-way or a railroad fee simple interest, easement or right-of-way.
Any landowner or agent thereof or person having an equitable
interest, who makes or causes to be made an application for approval
of an active adult community development plan.
The written and graphic material as required by this article
for the development of an active adult community.
The number of dwelling units per acre in an active adult
community, calculated by dividing the total number of dwelling units
by the total acreage of the site exclusive of existing dedicated rights-of-way.
A dwelling unit for senior citizens who can live independent
of assistance and/or supervision that provides full living accommodations
including full baths and full kitchens.
The legal or beneficial owner or owners of land, the holder
of an option or contract to purchase land or any other person having
proprietary interest in the land.
An incorporated organization of homeowners within an active
adult community to which all homeowners shall belong and established
for the purpose of owning, maintaining and preserving the common open
space and recreational facilities. All costs associated with the homeowner's
corporations shall be shared equitably among the members of the association.
A facility for senior citizens providing permanent residential
accommodations including assisted living and independent living units
operated by a legal entity and duly licensed by the Commonwealth of
Pennsylvania.
Areas characterized by a change in elevation greater than
or equal to 25% over three or more consecutive contours using a two-foot
contour interval. Steep areas remaining from previous land uses shall
not be considered steep slopes.
The administration of the procedures concerning the application
for and approval of an active adult community development shall be
vested solely in the Board of Supervisors. However, all applications
for preliminary and final approval of plans for such developments
shall be first referred to the Delaware County and Bethel Township
Planning Commissions for their review and comment before said plans
are considered by the Board of Supervisors.
A.
An active adult community shall be permitted only as follows:
(1)
As a conditional use, the development plan of which must be
approved by the Board of Supervisors.
(2)
As an Overlay Zoning District in the R-1, R-3, R-4 and T Zoning
districts.
(3)
Only on a contiguous tract of a minimum of 75 acres in single
ownership or single equitable ownership at the time of application.
(4)
Only in areas served by public sanitary sewer systems and public
water supply systems.
B.
An active adult community development shall meet all requirements of this chapter except for those provisions specifically modified by this Article XVI.
C.
Residents of an active adult community development shall be limited
to households including at least one permanent resident age 55 years
or older, and shall prohibit occupancy by any person age 18 or younger.
A person age 18 or younger may, however, reside in a dwelling unit
in an active adult community on a temporary basis for no more than
120 days in any calendar year. Members of a household that met the
residency requirements at initial occupancy shall not be required
to terminate occupancy in the event of death, divorce, placement in
a nursing home or similar circumstance of the resident age 55 or older.
D.
An active adult community shall be designed as a private community.
No decision of public roads will be permitted and other services such
as, but not limited to, snow removal and trash removal shall not be
the responsibility of the Township. All taxes, sewer and water rates
shall be levied at the same rate as all other residents.
The following uses shall be permitted in the Active Adult Community
Overlay:
A.
Single-family detached dwelling units.
B.
Single-family attached dwelling units.
C.
Single-family semidetached dwelling units.
D.
Multifamily semidetached dwelling units.
E.
Residential care facilities.
F.
Indoor and outdoor recreational facilities.
G.
Community center.
H.
Accessory uses, accessory only to the overall active adult community
and customarily incidental to such communities, including administrative
offices and maintenance and security facilities for the management
of the active adult community, community swimming pools, hot tubs,
decks, uncovered landings, porches, patios, off-street parking and
accessory utility facilities.
I.
Other uses may be permitted, only if approved by the Board of Supervisors,
on tracts of land in excess of 200 acres.
A.
Density. The maximum gross density of an active adult community shall
not exceed three dwelling units per acre. Gross density shall be calculated
on the entire tract excepting existing public rights-of-way.
B.
Open space. A minimum of 50% of the tract, exclusive of public rights-of-way,
shall be set aside as common open space. No land area less than 20
feet in width may be included in the calculation of open space.
A.
No principal structure, accessory structure, excepting communications
towers and utilities structures, or parking lot in an active adult
community shall be located less than 75 feet from a tract boundary,
nor shall a vehicular access drive, exclusive of ingress and egress
facilities, communications towers and utilities structures be located
less than 50 feet from a tract boundary. In instances of single-family
detached and semidetached dwelling units in an active adult community
abutting existing single-family detached developments, the setback
of a principal structure may be reduced to 50 feet. When a tract boundary
abuts permanently protected open space, the setback of a principal
structure may be reduced to 50 feet. The seventy-five-foot setback
shall, however, be maintained in all instances of a tract boundary
abutting a public road right-of-way. The area created by the setbacks
shall constitute the required buffer yard.
B.
An active adult community shall contain a mix of at least three types
of the permitted dwelling units: single-family detached, single-family
semidetached, single-family attached and multifamily. The multifamily
units shall only be used to provide for assisted-living accommodations,
however, may be used for independent living units.
C.
No group of attached dwelling units shall exceed six dwelling units
and no more than two adjoining dwelling units shall have the same
front and rear facade, each variation in facade being, at a minimum,
four feet.
D.
An active adult community shall have direct access to a public arterial
or collector road and a minimum of 400 feet of frontage on at least
one of the roads the tract may abut.
E.
An all-weather surface pedestrian circulation system, interconnecting
dwelling units, service areas, common facilities, recreational facilities,
and parking areas, shall be provided and shall be a minimum of four
feet in width.
F.
The minimum paved roadway in an active adult community for streets
serving less than 12 dwelling units shall be 20 feet, and 24 feet
for all other roads; in instances of one-way roads, the minimum road
width shall be 14 feet.
G.
The following are the required minimum lot area and dimensional requirements
in an active adult community:
(1)
Single-family detached.
(a)
Minimum lot area: 6,000 square feet.
(b)
Minimum lot width: 60 feet.
(c)
Minimum front setback: 25 feet.
(d)
Minimum side yard: five feet (20 feet aggregate).
(e)
Minimum rear yard: 20 feet.
(f)
Maximum impervious cover: 60% of lot area.
(g)
Maximum building height: two stories, not to exceed 28 feet.
(2)
Single-family semidetached.
(3)
Single-family attached.
(a)
Minimum lot area: 2,500 square feet.
(b)
Minimum lot width: 26 feet.
(c)
Minimum front setback: 25 feet.
(d)
Minimum rear yard: 20 feet.
(e)
Minimum distance from other principal structures: 30 feet.
(f)
Maximum impervious cover for end units: 60% of lot area.
(g)
Maximum impervious cover for interior attached unit: 70% of
lot area.
(h)
Maximum building height: two stories, not to exceed 28 feet.
(4)
Multifamily detached and all other principal structures.
(a)
Minimum distance from other principal structures: 20 feet plus
one foot for each additional foot of building height in excess of
20 feet.
(b)
Minimum distance from internal roadway: 20 feet.
(c)
Minimum distance from parking areas: 10 feet.
(d)
Maximum impervious cover: impervious cover shall not exceed
60% over the entire tract less the required open space.
(e)
Maximum building height: two stories not to exceed 34 feet.
A.
The minimum required off-street parking for single-family detached,
semidetached and attached dwelling units shall be two spaces that
may be provided in a garage. At least one of the required spaces must
be located behind the front yard setback.
B.
The minimum required off-street parking for multifamily dwelling
units shall be 1.5 spaces.
C.
The minimum required off-street parking for all other uses in an
active adult community shall be one space for each 200 square feet
of floor area.
D.
Parking areas for 20 vehicles or more shall be screened from adjacent
structures and roadways by hedges, planting screens, landscaped berms,
walls, solid fences or changes in grade.
E.
No more than 15 parking spaces shall be permitted in a continuous
row without being interrupted by a landscaped island.
A.
Landscaping
(1)
Landscaping shall be considered an essential feature of all
active adult community development. Continuously planted visual barrier
or landscape screen shall be provided in the required buffer yard.
Where appropriate, the use of noninvasive existing vegetation, landscaped
berms and solid walls and fences shall be utilized. The interior of
the site, including all storage and parking areas, shall also be landscaped
and shall consist of deciduous trees, including fruit varieties, evergreen
trees, shrubs and ground cover and shall be planted according to an
overall landscape plan.
(2)
The required landscape plan shall consider the integration of
the structures on the site with the surrounding lands and open space
in a manner that creates a total environment. The landscape plan shall
also consider in the use of plant materials the following:
(a)
Aesthetic values such as seasonal colors, flowers, bark and
crown characteristics as well as die-back.
(b)
Susceptibility of plant material to insect infestation, disease
and air pollution.
(c)
Species longevity.
(d)
Suitability of plant material to soil types.
(e)
Wildlife habitat.
(f)
Potential for destruction of pavements and utility lines.
(3)
The protection of trees of twelve-inch dbh shall be a factor
in determining the location of open space structures, paved areas,
utilities, recreational areas and finished grade levels.
(4)
Natural features on the tract such as streams and other water
bodies, floodplains, woodlands, wetlands, steep slopes and wildlife
habitat shall be preserved to the maximum extent possible and incorporated
into the landscape plan. The applicant shall also demonstrate how
the natural features will be protected during construction.
(5)
Historic and other cultural resources such as views and view
sheds shall be identified and to the maximum extent possible preserved.
(6)
Shade trees shall be provided along both sides of all streets
that are not naturally wooded at a minimum of two two-inch dbh trees
per each forty feet of roadway. Trees in the same amount required
above may be arranged, however, in clustered formations as an alternative
to strict lines and spacing.
B.
Exterior lighting.
(1)
Lighting shall be required for all loading, parking, ingress
and egress and interior vehicular circulation facilities.
(2)
All lighting shall have underground wiring.
(3)
All lighting shall be indirect and shielded to eliminate glare
on site and shall be so directed to avoid disturbance off-site.
A.
The common open space shall be designed as a predominantly contiguous
area, to preserve the natural features of the tract and to be readily
accessible to the residents of an active adult community.
B.
A minimum of 25% of the open space shall be unconstrained developable
land that is not wetland, floodplain nor steep slopes.
C.
Structures in open space areas shall be limited to only those related
to recreational or open space uses and, when necessary, utility and
stormwater management facilities. Recreational and open space structures
may include picnic pavilions, paved court game surfaces and facilities,
facilities associated with golf courses, swimming pools, hot tubs
and associated facilities, rest rooms and similar kinds of recreational
and open space facilities.
D.
In order to ensure the continuance and maintenance of the common
open space, the developer shall provide for and establish a nonprofit
homeowners' corporation, condominium or cooperative governed according
to the following regulations:
(1)
The organization is established by the developer and operating
before the sale of any dwelling units.
(2)
Membership in the organization is mandatory for all purchases
of dwelling units therein and their successors.
(3)
The organization shall be responsible for the maintenance of
and the insurance and taxes on the common open space.
(4)
The members of the organization shall share equitably the cost
of development, maintenance, insurance and taxes.
(5)
The organization shall have or employ the necessary personnel
to adequately administer and maintain the common open space.
A developer may construct an active adult community in stages,
provided that the following conditions are met:
A.
The application for subdivision and land development approval covers
the entire active adult community development and delineates the location
and a schedule of development of each stage. The schedule shall show
the proposed times for application for final approval and shall be,
on the anniversary of subdivision and land development approval, updated
annually.
B.
At least 15% of the dwelling units in the plan given subdivision
and land development approval are included in the first stage as well
as the recreation, landscaping, roads and other essential facilities
necessary to accommodate that stage. The club house facility shall
be built upon attainment of 50% lot conveyance.
C.
All subsequent stages are completed consistent with the approved
subdivision and land development plan and are of a size and location
to constitute economically viable development. In no event shall subsequent
stages contain less than 15% of the total dwelling units on the approved
plan.
D.
The gross residential density may be varied from stage to stage,
provided that final approval shall not be given to any stage if the
gross density by type of dwelling unit, including stages with final
approval and the stage for which final approval is sought exceeds
by more than 10% the gross residential density for each type of dwelling
unit allowed in the approved tentative plan for the entire active
adult community.
The following analyses and assessments shall be submitted to
the Board of Supervisors prior to the application for approval of
a tentative plan. The Board of Supervisors will refer these analyses
and assessments to the Planning Commission for their review and comment
prior to scheduling a hearing before the Board:
A.
Preliminary analysis.
(1)
Environmental assessment. The applicant shall analyze the tract
and identify those areas demonstrating constraints to development.
The analysis shall include, at a minimum, the delineation and quantification
of areas of the tract constrained by steep slopes, floodplains, wetlands,
other water resource areas, woodlands and habitat areas. All trees
in excess of 12 inches in caliper shall be individually inventoried
and mapped except in areas where trees are anticipated to be preserved.
(2)
Historic and cultural resources assessment. The applicant shall
analyze all historic and cultural resources on the tract and the potential
impact of the proposed development on those resources.
(3)
Traffic impact assessment. The applicant shall analyze the traffic
generation from the proposed development and its potential impact
upon the surrounding road system.
(4)
Public utilities assessment. The applicant shall assess the
capability of the public water and sanitary sewer systems to accommodate
the proposed development and the proposed method of stormwater management.
(5)
Description and development. The applicant shall describe in
text and graphical format the general description of the proposed
development, its ownership and management, proposed design and quantify
all relevant information related to the development of the active
adult community. At a minimum, the description shall include the number
and type of dwelling units and density; the number, types and floor
areas of other residential and nonresidential uses; parking requirements;
solid waste management; potential employment; need for the development;
and the impacts of the development on the character of the community.
(6)
Fiscal impact assessment. The applicant shall analyze the costs
to the Township for the provision of public facilities and services
necessary to support the proposed development and the potential revenues
to be realized as a result of the development.
B.
Mitigation plan. The applicant shall prepare a report detailing the impacts found in the assessments required in Subsection A of this section and describing the method of mitigation of all impacts.
C.
Calculation of allowable uses. The applicant shall quantify, based upon the assessments and the mitigation plan required in Subsection B of this section, the allowable number and types of dwelling units and the number, types and floor areas of other residential and nonresidential uses.
D.
Concept plan. The applicant shall prepare and submit a conceptual
plan in the form of a sketch plan rather than an engineered plan;
however, in sufficient detail to demonstrate compliance with the development
and design standards required by this article.
E.
Architectural renderings. The architecture of the proposed development
shall be designed to preserve and/or enhance the character of the
surrounding community. The applicant shall prepare and submit architectural
renderings as part of the conditional use permit and, upon approval,
shall agree to conditions necessary to ensure compliance.
An application for preliminary approval of an active adult community shall contain a detailed plan consisting of all of the items contained in § 480-49B(1) through B(11) of this chapter.
