In the High Rise Apartment Districts the following regulations
shall apply:
Declaration of legislative intent. The purpose of establishing
high rise apartment districts shall be to encourage the logical and
timely development of land for high rise apartment purposes in accordance
with the objectives, policies and proposals of the Comprehensive Plan;
to permit a variety of housing on the landscape and a visual focal
point for the community which conform to the intent of the comprehensive
plan and zoning ordinance; to assure the suitable design of high rise
apartments in order to protect the surrounding environment of adjacent
and nearby neighborhoods; and to insure that the proposed development
will constitute a residential environment of sustained desirability
land stability and not produce volume of traffic in excess of the
capacity for which access streets are designed. The protective standards
contained in this Article are intended to minimize any adverse effect
of high rise apartments on nearby properties.
[Ord. No. 379,
§ 13, 11-13-1961; Ord. No. 612, § 1, 12-14-1970; Ord. No. 793, § 1, 3-13-1978]
The township council may authorize as an amendment to the Zoning
Map the designation of an area as a High Rise Apartment District for
the location of an integrated high rise apartment, subject to the
regulations of this and any pertinent Article.
[Ord. No. 379,
§ 13, 11-13-1961; Ord. No. 439, § 1, 10-12-1964; Ord. No. 612, § 1, 12-14-1970; Ord. No. 756, § 1, 8-9-1976; Ord. No. 793, § 1, 3-13-1978; Ord.
No. 1195, § 1, 7-15-1996; Ord. No. 1589, §
I, 10-13-2014 ]
A building may be erected or used, and a lot may be used or
occupied for the following purposes, and no other, provided the requirements
of the sections following are met:
A. Permitted uses. The following are the permitted uses in a High Rise
Apartment District:
1. Apartment house or group of apartment houses which constitute a single
operating or proprietary unit.
2. Playgrounds, parks, tot-lots and other public or semipublic noncommercial
recreational facilities as well as open spaces and other public uses.
3. Parking. Off-street automobile parking and off-street delivery-collection
facilities shall be required. Such parking area shall be for the sole
use of the occupants of such building and the visitors thereto.
4. The mounting and/or erection of antenna and/or microwave equipment
and dishes and signal processing equipment on and in an existing building
to receive UHF and VHF television signals for subsequent transmission
by coaxial cable both within and beyond the boundaries of Plymouth
Township; provided, however, that transmission to residents of Plymouth
Township shall be permitted only by a duly enacted franchise ordinance.
All antennas shall not exceed the height of the building to which
they are affixed, except for one search antenna which may be erected
no more than five (5) feet above the building height.
B. Conditional uses. Any of the following uses shall be permitted only when authorized as a special exception, subject to the provisions of article
XXI, section 2101, B, herein:
1. When provided as an integral part of the development, such accessory
commercial uses primarily to satisfy the needs of the occupants of
the high-rise apartment buildings, including, but necessarily limited
to, restaurants, personal service shops, retail shops, financial institutions,
cultural or recreational facilities, professional type offices and
any use of the same general character, provided that said uses shall
be limited to the ground floor area of the building.
2. General office space will be permitted provided that said use shall
be limited to first and second floors above the ground floor of the
building.
3. If any of these conditional uses permitted are located in a building
within the center which contains apartments, the apartment units shall
be adequately buffered from noise, vibration and any condition which
is detrimental to the proper use of the apartment.
4. In computing parking spaces required for the accessory commercial uses authorized by subsection
B.1. hereof, and for the general office space use authorized by subsection
B.2. hereof, a reduction in the number of parking spaces required may be allowed for each space required by section 2404 F. hereof by the township council. However, after seventy-five (75) percent occupancy of the apartments units, or after one year subsequent to the issuance of the initial use and occupancy permit, whichever occurs first, an application shall be made by developer for a special exception, subject to the provisions of article
XXI, section 2101 B. herein, to determine the propriety of the reduction in the number of spaces authorized above. After occupancy of the premises, should additional parking spaces be required in the opinion of the township council, such additional spaces shall be constructed as ordered by the township council, not to exceed parking requirements contained elsewhere in this ordinance for commercial and general office space uses as authorized by subsections
B.1. and B.2. hereof; any person aggrieved by the order of the township council shall have the right of appeal to the zoning hearing board, in accordance with section 2104 hereof, which shall, after a hearing, determine whether such additional spaces are necessary. In making such a determination, the zoning hearing board shall be guided by the purpose of this ordinance as set forth in section 101 hereof and the standards used in passing upon an application for a special exception as set forth in section 2101 D.3. hereof.
[Ord. No. 379,
§ 13, 11-13-1961; Ord. No. 439, § 1, 10-12-1964; Ord. No. 612, § 1, 12-14-1970]
The proposed district shall be unified and contiguous in shape
and uniformly zoned throughout, the creation of odd-shaped areas which
exclude nonconforming uses is to be avoided.
However, the provisions of this section shall not be construed
to restrict the unified development of a high rise apartment center
which incorporates either or both commercial and/or recreation uses.
The development of a high rise apartment center with either public
or semipublic noncommercial recreation facilities, (e.g. golf course,
tennis courts, swimming pools) is hereby encouraged.
[Ord. No. 379,
§ 13, 11-13-1961; Ord. No. 439, § 1, 10-12-1964; Ord. No. 612, § 1, 12-14-1970]
The general plan for a high rise apartment shall include evidence
and facts showing that it has considered and made provisions for,
and the development shall be executed in accordance with, the following
essential conditions:
A. The proposed development shall be substantially in accordance with
the Comprehensive Plan of Plymouth Township, shall consider the surrounding
land features of the area including, but not limited to, residences,
schools, parks, other reservations of open spaces, locations, width
and grade of streets and location and arrangement of parking spaces,
local and regional business areas and shopping centers, densities
proposed for surrounding areas, and other such features as shall contribute
to the harmonious development of the area, with due regard to the
character of the neighborhood and its peculiar suitability for this
type of use.
B. The proposed development shall be constructed in accordance with
an overall plan and shall be designed as a unified architectural unit
with appropriate landscaping.
1. If the development of the high rise apartment is to be carried out
in stages, each stage shall be so planned that the foregoing requirements
and the intent of this ordinance shall be fully complied with at the
completion of any stage.
2. The developer shall assure the provisions of required public improvements
by means of a proper completion guarantee in the form of a bond or
the deposit of funds or securities in escrow to cover the cost of
the improvements. The work shall be performed in accordance with the
requirements and specifications of Township Ordinances and the approved
plans.
C. The area shall be adaptable to community development, being located
in relation to major thoroughfares, streets, railroads, public transportation,
shopping or other facilities, and as far as possible shall have within
or through it no major thoroughfare or other physical feature which
will tend to destroy the neighborhood or community cohesiveness.
[Ord. No. 379,
§ 13, 11-13-1961; Ord. No. 612, § 1, 12-14-1970; Ord. No. 646, §§ 1-3, 3-13-1972; Ord. No. 793, § 1, 3-13-1978; Ord. No. 1048, § 8, 11-29-1990; Ord. No. 1253, § 11, 1-26-1998]
A. Area of tract. Not less than ten (10) acres shall be provided for
every area to be used in whole or in part as a High Rise Apartment
District.
B. Building coverage. No more than fifteen (15) per cent of the lot
area shall be occupied by a building or buildings, in the case of
a building or buildings of six (6) stories. For each additional story
in height, the lot coverage shall be reduced by three-fourths of one
per cent (3/4 of 1%). Where there are principal buildings of varying
heights, the average height in stories will determine the lot coverage.
C. Setback from streets. There shall be setback from the ultimate right-of-way
of each street on which the High Rise Apartment District abuts which
shall be not less than one hundred (100) feet in depth; provided,
that the buildings in excess of sixty (60) feet in height shall provide
an additional one (1) foot of setback for each additional one (1)
foot of height.
D. Setback from property lines. There shall be a setback from any residential property line which the High Rise Apartment District abuts of not less than two hundred (200) feet, and a setback not less than one hundred (100) feet from any other property line; provided, that when authorized as a special exception, subject to the provisions of Article
XXI, Section 2101 B. herein, the setback from any residential property line which the High Rise Apartment District abuts, where the residential property is undeveloped, or borders part of the High Rise Apartment District front yard, or is owned by any government agency, shall be not less than one hundred (100) feet when the property line borders a side or front yard and not less than fifty (50) feet when the property line borders a rear yard.
E. Distance between buildings. In the case of two (2) or more buildings,
regardless of orientation, the horizontal distance measured in feet
between the buildings at their nearest point shall be:
1. Not less than eighty (80) feet for buildings the average height of
which is less than eighty (80) feet;
2. Not less than one hundred (100) feet for buildings the average height
of which is eighty (80) feet or more;
3. Not less than the length of the sides of buildings facing toward
each other where the sides of such buildings face toward each other
in juxtaposition for a length of more than one hundred twenty (120)
feet, regardless of the height of the buildings.
F. Parking.
1. Not less than two (2) off-street parking spaces, each consisting of a rectangular area having dimensions not less than nine (9) feet in width and eighteen (18) feet in length, shall be required for each dwelling unit; provided, where unusual or difficult topographical or subsurface conditions exist which justify the granting of a special exception reducing concealed or covered parking as authorized in subsection
F.2. hereof, the dimensions of each rectangular parking space shall be not less than nine (9) feet in width and eighteen (18) feet in length and aisles serving such parking spaces shall have a minimum width of twenty-four (24) feet. Such parking area shall be so placed so as not to interfere with any recreation or service area, and shall not be less than twenty-five (25) feet from property lines or ultimate right-of-way lines.
2. Not less than twenty-five (25) per cent of the aggregate off-street parking area shall be concealed inside a building or covered with a deck that may be used only for recreation, automobile parking, landscaped, or any combination thereof; provided, where unusual or difficult topographical or subsurface conditions such as, but not limited to, rock exist and when authorized as a special exception, subject to the provisions of Article
XXI, Section 2101 B. herein, not less than fifteen (15) per cent of the aggregate off-street parking shall be concealed or covered as aforesaid.
3.
a. The concealed or covered parking required by Section 2404.F.2 hereof
shall be reduced by one and one-half (1 1/2) parking spaces for
each dwelling unit built on a tract less than the permitted thirty
(30) dwelling units per developable acre authorized by Section 2404.G.
hereof. This reduction shall also apply even though the applicant
may be granted a special exception under Section 2404.F.2.
b. Regardless of the number of dwelling units constructed on a tract,
the maximum number of unconcealed or surface parking spaces shall
never exceed the total of such spaces as determined by applying the
provisions of Sections 2404.F.1. and 2404.F.2., without reference
to the affect of subsection 2404.F.3.(a) above.
G. Dwelling units per acre. There shall be no more than thirty (30)
dwelling units per developable acre. Not more than fifteen (15) per
cent of the total dwelling units shall exceed two (2) bedrooms per
dwelling unit and not more than sixty-five (65) per cent of the total
dwelling units shall exceed one (1) bedroom per dwelling unit. "Developable
acre" shall be defined as all land except land area located within
existing rights-of-way of public roads and overhead and underground
utility lines, wet lands, floodplains (defined as alluvial soils in
the Soil Survey of Montgomery County, U.S. Department of Agriculture,
1967; and by all applicable engineering studies which designate 100-year
frequency flood levels), and land areas with slopes of fifteen (15)
per cent or greater.
H. Height of building. The minimum height of buildings or other structures
erected in this district shall be sixty (60) feet or six (6) stories,
whichever is less, and the maximum height shall be one hundred (100)
feet.
I. Paving. All areas provided for use by vehicles and all pedestrian
walks shall be constructed in accordance with all pertinent specifications
within the Subdivision Regulations.
J. Service. Areas for loading and unloading of delivery trucks and other
vehicles and for the servicing of refuse collection, fuel and other
service shall be provided and shall be adequate in size, shall be
adequately fenced, and shall be so arranged that they may be used
without blockage or interference with the use of accessways or automobile
parking facilities.
K. Access. Provision shall be made for safe and efficient ingress and
egress to and from public streets and highways serving the apartment
without undue congestion to or interference with normal traffic flow.
The Planning Agency shall satisfy itself as to the adequacy of the
thoroughfare to carry the additional traffic engendered by the apartment
as well as to the street frontage of the proposed district.
L. Utilities. All buildings within the High Rise Apartment District
shall be served by a public sanitary sewage disposal system and public
water supply or available public utilities. All utility lines servicing
the high rise apartment shall be placed underground.
M. Lighting facilities. Lighting facilities provided shall be arranged
in a manner which will protect the highway and neighboring properties
from unreasonable direct glare or hazardous interference of any kind.
Lighting facilities shall be required where deemed necessary for the
safety and convenience of high rise apartment residents.
N. Landscaped planting area. A landscaped planting area shall be provided
along street frontage occupied by a High Rise Apartment District.
O. Buffer. Each High Rise Apartment District shall have a permanent
strip of continuous coniferous planting, not less than twenty (20)
feet in width and of sufficient height and density to provide immediate
screening between the apartment district and all street frontages
and adjoining properties.
P. Open space. The developer shall be required to maintain fifty (50) per cent of the land area in nonvehicular open space and shall be encouraged to preserve or incorporate natural features such as woods, streams and open space areas which add to the overall cohesive development of the high rise apartment and overall community development; provided, where unusual or difficult topographical or subsurface conditions exist which justify the granting of a special exception reducing concealed or covered parking as authorized by subsection
F.2. hereof, the developer shall be required to maintain forty-three (43) per cent of the land in nonvehicular open space. However, all conditions deemed hazardous by the Planning Agency, including natural feature hazards, are to be eliminated or all precautions deemed appropriate by the Planning Agency to reduce the hazard are to be provided by the developer.
Q. Recreation. The developer shall be required to provide one hundred
(100) square feet of recreation space for each dwelling unit for such
facilities, such as playground and tot-lots, and other services necessary
for the comfort and convenience of high rise apartment residents.
[Ord. No. 612,
§ 1, 12-14-1970]
Every application, when approved by the Township Council, either
as submitted originally or as submitted or resubmitted in modified
form, shall constitute an agreement by the applicant that such installation
shall be made, completed and operated as shown on the plan as part
of the project in accordance with the provisions of Section 2403."
[Ord. No. 612,
§ 1, 12-14-1970; Ord. No. 793, §§ 1,
14, 3-13-1978]
A. Plans for any apartment house use shall be submitted to the Township
Planning Agency prior to the insurance [issuance] of any permit and
such plans shall include, among other things, the following:
1. A plan or plans which shall show:
a. The location, use and plan for each building or other structure,
the total gross floor area of each building, and, where applicable,
the floor area of each building to be used for shops or offices.
b. Floor area (in square feet) of each type of apartment dwelling unit.
c. Number of bedrooms in each type of apartment dwelling unit.
d. The total number of apartment dwelling units.
e. Total number of acres in the proposed district.
f. Total number of off-street parking spaces.
g. Exterior, vertical and horizontal building dimensions.
h. Ground area of each building.
i. The location, dimensions and arrangement of all open spaces, yards,
streets, accessways, entrances, exits, off-street parking facilities,
loading and unloading spaces, pedestrian ways, sidewalks, recreation
areas and areas devoted to planting, landscaping and other similar
purposes.
j. The capacity of all areas to be used for automobile access, parking,
loading and unloading.
k. The provision made for, and location of, existing or proposed storm
water and sanitary sewerage, water supply, exterior lighting facilities,
gas and other utilities.
2. Information sufficient to demonstrate that satisfactory arrangements
will be made to accommodate probable increases in traffic and to facilitate
traffic movements on the streets in the vicinity of the proposed use.
These arrangements shall include provisions for sufficient storage
and distribution facilities within the district and off the street
to prevent backup of vehicles on the public street.
3. Sufficient data in all instances to enable the Township:
a. To evaluate the design and character of the entire district; and
b. To consider properly such factors as the relationship of the proposed
development to surrounding areas, anticipate traffic, public health,
safety and the general welfare; and
c. To determine that the proposed plan and uses comply in all respects
with the requirements of this and all other ordinances. In the case
of a development to be developed in stages, less detailed plans or
sketches than those required above of an area not to be developed
immediately will suffice initially, provided that they show all necessary
data bearing on the areas that are to be developed immediately, and
provided as development continues a plan showing all the required
data shall be submitted according to the original procedures prior
to the construction of any of such deferred development.
4. All procedural requirements of the subdivision ordinance shall be
met.
5. All plans submitted shall be prepared by a registered architect and
all landscaping plans shall be prepared or approved by a registered
landscape architect.