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Township of Middle Smithfield, PA
Monroe County
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Table of Contents
Table of Contents
A senior active adult development is a residential community for active adults that meets the following requirements:
A. 
Comprised of one or more dwelling unit types noted below.
B. 
A statement shall also be included with each application for conditional use setting forth what particular features and facilities are being provided to specifically serve the needs and interests of the residents.
C. 
Unit occupancy.
(1) 
No more than four persons shall occupy a dwelling on a permanent basis, at least one of whom shall be 55 years of age or older. No persons under the age of 19 shall occupy a dwelling for more than three months in a calendar year.
(2) 
Declaration of age restriction. At the time of subdivision and/or land development, as a 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, binding all properties and owners to the restriction which shall require the residents of a senior active adult development residing in individual dwelling units within the subject development to be age 55 or older and shall require that any resident of an individual dwelling unit within the senior active adult development under 19 years of age not reside in that unit for more than three months in any calendar year.
The following standards shall apply to any senior active adult development. In the event of a conflict or contradiction between any regulation in the Zoning Ordinance or the SALDO[1] the standards set forth in this chapter shall take precedence.
A. 
Minimum site area: five contiguous acres.
B. 
Maximum site impervious surface ratio, including building coverage: 55% of adjusted tract area as defined elsewhere in this chapter.
C. 
Setbacks from property lines: Except as set forth below, no principal or accessory building shall be located closer than 50 feet from any tract boundary or 50 feet from the ultimate right-of-way of existing Township or state streets or highways. A gatehouse/guardhouse may be permitted within the required setback from an existing perimeter street.
D. 
Maximum density: In accordance with the following requirements, the maximum density for a senior active adult development shall be based on the proposed housing types that are noted below:
(1) 
For housing types A through G, the maximum density in a senior active adult development shall be five dwelling units per acre of adjusted tract area.
(2) 
For housing type H, the maximum density shall be eight dwelling units per acre of adjusted tract area.
E. 
Off-street parking per dwelling unit: As required by this chapter or other regulations of the Township, which may include one or more garage spaces per dwelling unit.
F. 
Open space:
(1) 
For dwelling types A through G, not less than 60% of the gross area of the tract shall be retained as open space for recreation, leisure activities, resource protection and site amenities. For dwelling type H, not less than 35% of the gross tract area shall be retained as open space for recreation, leisure activities, resource protection and site amenities.
(2) 
Open space having a dimension less than 30 feet in width or containing an individual area of less than 15,000 square feet shall not be counted toward the minimum open space requirement.
(3) 
Recreation area: Of the open space that is required as part of a senior active adult development, a portion thereof, no less than 600 square feet per dwelling unit, shall be set aside for the community center with associated improvements and recreational uses of the type described below.
(4) 
No more than 25% of the required open space may be utilized for central water facilities, central sewage facilities or stormwater management facilities.
(5) 
Open space areas shall be interconnected with open space areas on abutting parcels, wherever possible.
(6) 
Dedication of open space shall not be required, but any such open space that is not offered for dedication to and/or accepted by the municipality shall be owned and maintained by a homeowners' association.
(7) 
Any land designated as open space under regulations of this chapter must be made subject to a deed restriction prohibiting any future development. This shall be clearly noted on the plans and shall also run with the land and be duly recorded in the Monroe County Recorder of Deeds Office.
G. 
Pedestrian and vehicular circulation: There shall be provisions for safe and efficient pedestrian and vehicular circulation within the boundaries of the site.
H. 
Access to public streets: Provisions shall be made to ensure the safe and efficient ingress and egress to and from public streets and highways serving the site, without causing undue congestion to or interference with traffic flow throughout the region.
I. 
Condominiums and lots: The division of land into individual lots is not required; condominium ownership is permitted pursuant to the Pennsylvania Uniform Condominium Act, the Act of July 2, 1980, P.L. 286, No. 82, § 1 et seq., 68 Pa.C.S.A. § 3101 et seq. (the "Condominium Act"), and ownership of real estate or a unit under the Pennsylvania Uniform Planned Community Act, the Act of December 19, 1996, P.L. 1336, No. 180, § 1 et seq., 68 Pa.C.S.A. § 5101 et seq. (the "Planned Community Act"), is also permitted, all as amended from time to time.
[1]
Editor's Note: See Ch. 170, Subdivision and Land Development.
A. 
Buffer. Along all exterior property boundary lines [Note: "Exterior property lines" are defined for purposes of this ordinance as a property line of record bounding the entire senior active adult development from adjoining property not included within or forming part of the senior active adult development and shall be noted as such on the plans.] there shall be a permanent, twenty-five-foot-wide landscape buffer with the following minimum required plantings:
(1) 
One flowering (eight to 10 feet in height, minimum) or canopy tree (two to 2 1/2 inches in caliper, minimum) per 40 feet of buffer, on average;
(2) 
Plus one evergreen tree (seven to eight feet in height, minimum) per 20 feet of buffer, on average;
(3) 
Plus one shrub (24 to 30 inches in height, minimum) per four feet of buffer, on average.
B. 
Existing features. All existing deciduous and coniferous trees larger than two inches in caliper and/or eight feet in height may be considered to contribute to the definition of an "existing buffer" on the property. If the amount of existing plant material, which is that size or greater, equals any of the planting requirements, the equivalent reduction of required plant material may be taken, at the sole discretion of the Board of Supervisors. In all cases, existing plant material of the above caliper and height shall be preserved in any buffer yard, except where clearance is required to insure adequate sight distance. Any removal shall, where feasible, involve relocation rather than clearing.
C. 
Extensive setbacks. Where principal and accessory buildings are set back at least 250 feet from a property boundary line or existing perimeter street ultimate right-of-way, buffering may not be required, at the sole discretion of the Board of Supervisors.
D. 
Maintenance. All required plantings shall be maintained permanently and in the event of death or other destruction, shall be replaced within six months by the party responsible for maintenance when death or destruction occurred.
E. 
Buffer landscape plan. A landscape plan shall be submitted with the final plans showing all pertinent information, including the location, size and species of individual trees and shrubs to be preserved or planted; and where appropriate, the landscape plan shall show the general characteristics of existing vegetation masses which are to be preserved.
A. 
Central water and central sewer. All dwelling units and other buildings within a senior active adult development shall be served by a publicly or privately owned central sanitary sewage collection, treatment and disposal system and a central potable water supply, treatment, storage and distribution system.
B. 
EMS access. The applicant shall demonstrate that all proposed site and building facilities are accessible to emergency medical service providers.
C. 
Conditional use application. The conditional use application shall include the following:
(1) 
Appropriate design plans and/or specifications of the entire site shall conform with the requirements for land development.
(2) 
Proposed phasing of the entire site plan.
(3) 
Sufficient photographs depicting the different character areas within the site.
(4) 
Appropriate engineering/planning responses to any identified or suspected site development problems.
(5) 
Schematic architectural plans and elevations of the proposed buildings.
(6) 
Other related information required to support the application.
(7) 
A set of regulations to control such operation, including definition of age and income limitations to be placed upon the residents or their activities, admissions procedures and security provisions, and setting forth the policy to be used in determining the amount of rental and other charges to the residents. The applicant must show, in order to qualify, that single prospective residents of each housing unit have attained the age of at least 55 years or that families that occupy such units are elderly families (i.e., families whose head of household or their spouses are at least 55 years of age or are under a disability as defined by the Social Security Act[1] or the Developmental Disabilities Services and Facilities Construction amendments,[2] both as amended from time to time). A statement shall also be included with each application setting forth what particular features and facilities are being provided to specifically serve the needs and interest of the residents.
[1]
Editor's Note: See 42 U.S.C. § 301 et seq.
[2]
Editor's Note: See 42 U.S.C. § 75 et seq.
(8) 
The plan should also show the proposed sewer and water facilities, as well as other proposed utilities, including, but not limited to, telephone, cable and electric service, common areas, open space delineations and any other proposed improvements.
D. 
Common areas and facilities. Provisions shall be made for the perpetual maintenance, care and ownership of all common areas, including streets, driveways, parking areas, walkways, landscaped planting areas, open space, recreation and utility systems, by a homeowners' association or other entity as approved by the Board of Supervisors.
E. 
Minimum private area.
(1) 
For each townhouse dwelling, there shall be a yard, balcony, patio or other outdoor area other than a driveway immediately adjacent to the front, back or side of each dwelling of not less than 200 square feet.
(2) 
For each multi-family/apartment dwelling, there shall be a yard, balcony, patio or other outdoor area other than a driveway immediately adjacent to the front, back or side of each dwelling of not less than 60 square feet.
(3) 
Where practical, design measures shall be used to seek an appropriate level of privacy in any rear yards. Such measures may include landscaping, compatible fencing, walls and/or earthen berms. All such measures shall be identified by the applicant at the time of conditional use application, shall comply with other applicable Township regulations and shall be subject to review and approval by the Township.
F. 
Other facilities. Such other improvements, including streets, curbs and stormwater collection and control facilities, as required by the SALDO,[3] the County Conservation District, DEP and PennDOT, shall be provided.
[3]
Editor's Note: See Ch. 170, Subdivision and Land Development.
G. 
Streets. All private and public streets and accessways shall be built to Township construction standards for public streets. Any and all streets within the senior active adult development may be offered to the Township for dedication, and the Township shall have the sole discretion to accept or reject such offer of dedication.
H. 
Mailboxes. Mailboxes shall be located where permitted by the United States Postal Service (USPS), which may include, but shall not be limited to, cluster mailboxes or individual freestanding curbside mailboxes. The location(s) and design(s) of the mailbox facilities and areas shall be clearly detailed on the plans. In instances where the USPS requires cluster mailboxes, elevations and details, to include appropriate safety lighting and shelter structure(s), of the cluster mailbox facilities shall be provided for review and approval by the Township; provided, however, that such approval shall be consistent with applicable requirements of the USPS.
I. 
Trash bins. For any multi-family/apartment dwelling, common trash and recycling receptacles shall be provided in locations that are convenient for residents and for collection. Screening (in the form of structures, fencing or dense landscaping) shall be required for all such areas. The location(s) and design(s) of the common trash and recycling areas shall be clearly detailed on the plans. Elevations and details shall be provided for review and approval by the Township.
J. 
Lighting plan. An overall lighting plan shall be provided for review and shall be subject to review and approval by the Township.
K. 
Utilities. All utilities servicing any and all parts of the Active Adult Senior Development shall be installed underground.
L. 
The development shall be located on or have direct access to an existing arterial or collector street. (See Appendix C.[4] No dwelling unit shall have its own access driveway entering onto an existing street. All access shall be from internal streets.
[4]
Editor's Note: Appendix C, Functional Classification of Streets, is included at the end of this chapter.
M. 
Each dwelling unit shall contain, at a minimum, all of the following elements:
(1) 
A kitchen equipped with at least a sink, storage facilities, a stove or range and a refrigerator.
(2) 
A bathroom equipped with a sink, toilet and either a bathtub equipped with a shower or a stall shower.
(3) 
A living area, dining room and at least one bedroom.
These uses shall be specifically restricted to serve only the residents of the senior active adult development and their invited guests and shall include one or more of the following uses:
A. 
A community center, clubhouse or similar facility consisting of an auditorium, activity rooms, library, physical fitness and therapy center, lounge and similar facilities shall be provided for members of the age-qualified residential community and invited guests, with the minimum size of the clubhouse facility equivalent to at least 75 square feet of interior clubhouse facility building area per dwelling unit for the first 50 dwelling units and an additional 20 square feet of interior clubhouse facility building area per dwelling unit for each dwelling unit thereafter.
B. 
Recreation facilities such as, but not limited to, swimming pools, tennis courts, bocce facilities, shuffleboard facilities, putting greens, chip and putt courses, hiking and/or walking trails and other recreational facilities appropriate for Senior Active Adult Communities.
C. 
Elevations and details of the proposed recreational facilities shall be provided as part of the land development plan submission.
D. 
Parking for the community center/clubhouse shall be provided as required by this chapter or other regulations of the Township.
E. 
Guard station and/or mechanical entrance gate.
F. 
All of the recreational amenities shall be shown on the preliminary subdivision and/or land development plan plat. The clubhouse shall be completed before 25% of the dwelling units are occupied.
The following housing types are permitted in each of the zoning districts noted in Article IV of this chapter, when proposed as part of a senior active adult development.
A. 
Single-family detached. A single-family dwelling on an individual lot with private yards on all sides of the house and with public or community open space. Detached dwellings may include dwellings constructed on the lot, prefabricated dwellings, manufactured dwellings and/or modular dwellings. No more than one single-family detached dwelling shall be placed on a lot, and such detached dwelling shall be occupied by not more than one family.
(1) 
Area and dimensional requirements.
(a) 
Minimum lot area (per dwelling unit): 8,500 square feet.
(b) 
Minimum building setbacks.
[1] 
Front: 20 feet.
[2] 
Rear: 20 feet.
[3] 
Side: eight feet.
(c) 
Minimum lot width at setback: 50 feet.
(d) 
Minimum required living area per dwelling unit: 1,200 square feet.
(e) 
Maximum building height: 45 feet.
B. 
Village house. A single-family detached dwelling unit on an individual lot with private yards on all sides of the house. It differs from other forms of detached housing in the lot size and placement on the lot. It is similar to houses found in historic villages and towns. The house is placed close to the street and is additionally distinguished by planting or architectural treatments.
(1) 
Each unit shall meet two or more of the following characteristics; provided, however, that the options and in Subsection B(1)(e) and (f) cannot be utilized together to meet the minimum requirements of this ordinance:
(a) 
An unenclosed porch, running across at least 3/4 of the house front, being at least seven feet in width.
(b) 
A front yard raised above sidewalk grade by at least 30 inches and a retaining wall of at least 18 inches at the sidewalk line.
(c) 
A front yard enclosed by a wall or fence of permanent construction at least 30 inches in height and one flowering shrub per 60 inches across the width of the front of the house, on average.
(d) 
Hedge of shrubs, planted 18 inches on center for the width of the yard facing the street, and two flowering trees.
(e) 
Two canopy trees per lot or three flowering trees per lot. (See landscape requirements herein.)
(f) 
One canopy tree, one flowering tree and one flowering shrub per 90 inches for the width of the yard facing the street. (See landscape requirements herein.)
(2) 
Dimensional requirements.
(a) 
Minimum lot area (per dwelling unit): 6,000 square feet.
(b) 
Minimum building setbacks.
[1] 
House.
[a] 
Front: 15 feet.
[b] 
Rear: 30 feet.
[c] 
Side: 20 feet aggregate with a minimum of five feet on either side.
[2] 
Garage.
[a] 
Front: 25 feet.
[b] 
Rear: 30 feet.
[c] 
Side: five feet.
(c) 
Minimum lot width at setback: 50 feet.
(d) 
Minimum required living area per dwelling unit: 1,100 square feet.
(3) 
Landscaping requirements:
(a) 
Canopy trees: two-inch caliper.
(b) 
Flowering trees: two-inch caliper.
(c) 
Flowering shrubs: 18 to 24 inches high.
(d) 
Hedge shrubs: 18 to 24 inches high.
C. 
Duplex. A single-family semiattached unit having only one dwelling from ground to roof and only one wall in common with another dwelling unit.
(1) 
Area and dimensional requirements:
(a) 
Minimum lot area (per dwelling unit): 4,500 square feet.
(b) 
Minimum lot width at setback line (per dwelling unit): 40 feet.
(c) 
Minimum building setbacks.
[1] 
Front: 25 feet.
[2] 
Side: 10 feet.
[3] 
Rear: 25 feet.
(d) 
Minimum required living area per dwelling unit: 1,000 square feet.
(e) 
Maximum building height: 45 feet.
D. 
Twin. A single-family semiattached dwelling unit with one dwelling unit located above another dwelling unit. The dwelling units share a common lot area which is the sum of the required lot areas of all dwelling units within the building. There shall be no more than two dwelling units per structure.
(1) 
Area and dimensional requirements.
(a) 
Minimum lot area (per dwelling unit): 4,500 square feet.
(b) 
Minimum lot width at setback line (per dwelling unit): 40 feet.
(c) 
Minimum building setbacks.
[1] 
Front: 25 feet.
[2] 
Side: 10 feet.
[3] 
Rear: 25 feet.
(d) 
Minimum required living area per dwelling unit: 1,000 square feet.
(e) 
Maximum building height: 45 feet.
E. 
Courtyard cluster housing. A group of three to eight single-family detached dwellings with private yards on all sides of the house and with public or community open space. Dwelling units are sited together with a common street access, are closely spaced and share a common front courtyard. Courtyard cluster housing units may be condominiums or units. [Note: The terms "condominium" and "unit," as used herein, shall have the same meaning and definition as utilized in the Condominium Act and the Planned Community Act, as amended.]
(1) 
Area and dimensional requirements:
(a) 
Minimum lot area (per dwelling unit): 3,500 square feet.
(b) 
Minimum building setbacks.
[1] 
Front: 15 feet to internal motor court measured from the structure to the edge of pavement; 25 feet to roadways/streets measured from the structure to the edge of pavement.
[2] 
Side: five feet.
[3] 
Rear: 12 feet.
(c) 
Minimum required living area per dwelling unit: 1,500 square feet.
(d) 
Minimum building spacing: 10 feet.
(e) 
Maximum building height: 45 feet.
(2) 
Dwellings shall be arranged in clusters of any combination of between three and eight dwelling units. The clusters shall have a minimum 25 feet of separation from other clusters. Garages shall be integral with each dwelling unit and cannot be used to meet the minimum required living area.
(3) 
All internal motor courts serving each courtyard cluster shall have a minimum paved width of 24 feet for safe and efficient vehicle circulation.
(4) 
Each cluster shall be:
(a) 
Served by a street system which is designed to minimize through traffic; and
(b) 
Served by a pedestrian circulation system which serves the development.
F. 
Multiplex. An attached dwelling unit which may be arranged in a variety of configurations: side by side, back to back, or vertically. The dwelling units share a common lot area which is the sum of the required lot areas of all dwelling units within the building. The essential feature is the small number of units attached. No less than four or more than six units shall be attached in any structure.
(1) 
Area and dimensional requirements.
(a) 
Minimum lot area (per building): 8,000 square feet.
(b) 
Minimum lot area (per dwelling unit): 2,000 square feet.
(c) 
Minimum lot width at setback line (per building): 60 feet.
(d) 
Minimum building setback.
[1] 
Street: 30 feet.
[2] 
Parking area: 20 feet.
[3] 
Pedestrian walkway: 15 feet.
[4] 
Minimum rear yard: 30 feet.
(e) 
Minimum building spacing: 30 feet.
(f) 
Minimum required living area per dwelling unit: 750 square feet.
(g) 
Maximum building height: 45 feet.
G. 
Townhouse. A single-family attached dwelling unit with one dwelling unit from ground to roof, having individual outside access. Townhouse units may be condominiums or units. [Note: The terms "condominium" and "unit," as used herein, shall have the same meaning and definition as utilized in the Condominium Act and the Planned Community Act, as amended.]
(1) 
Area and dimensional requirements:
(a) 
Minimum lot area (per dwelling unit): 2,000 square feet.
(b) 
Minimum lot width at setback line (per dwelling unit): 20 feet.
(c) 
Minimum building setback.
[1] 
Street: 20 feet.
[2] 
Parking area: 30 feet.
[3] 
Pedestrian walkway: 20 feet.
(d) 
Minimum rear yard: 30 feet.
(e) 
Minimum building spacing: 30 feet.
(f) 
Maximum building length: 192 feet.
(g) 
Minimum required living area per dwelling unit: 1,000 square feet.
(h) 
Maximum building height: 45 feet.
(2) 
Dwellings shall be arranged in groups or clusters and not in long rows parallel to street lines. No less than three and no more than eight dwelling units may be so attached in any one group.
(3) 
To create architectural interest in the layout and character of housing fronting streets, various setbacks, materials and design shall be encouraged. In any case, a minimum variation of two feet in setback shall occur at least every third dwelling.
H. 
Senior mid-rise. A grouping of dwelling units sharing common elements which are specifically designed for the needs of senior citizens. Shared common elements may include, but are not limited to, entrance areas, corridors and community rooms. A senior mid-rise shall have elevator access to all floors. All units and common areas of the building must comply with current Americans with Disabilities Act (ADA)[1] accessible guidelines.
(1) 
Area and dimensional requirements.
(a) 
Minimum building setbacks.
[1] 
Street ROW: 50 feet.
[2] 
Tract property line: 50 feet.
(b) 
Minimum building spacing: 50 feet.
(c) 
Minimum number of units per building: 24 dwelling units.
(d) 
Maximum number of units per building: 48 dwelling units.
(e) 
Minimum required living area per dwelling unit: 750 square feet.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.