Township of Coolbaugh, PA Additional Residential Standards

Subdivision and land development. Multifamily projects shall also be subject to Chapter 355, Subdivision and Land Development.

Four-step design; density.

Four-step design. All multifamily projects shall be designed using the four-step process for conservation design development detailed in Chapter 355, Subdivision and Land Development.

Density. The number of dwelling units permitted shall be determined in accord with the adjusted tract area approach requirements for conservation design developments in § 400-25D and the density factor in the Multifamily Dwelling Standards Table.

Site plan. A proposed site plan showing all necessary information to include, at a minimum, location of all buildings and improvements, including roads, parking areas, planting strips, signs, overall grading plan with storm drainage facilities, water supply and distribution systems, sewage treatment and collection systems and the specific areas provided as open space pursuant to the requirements of this chapter. Building layouts, floor plans and profiles shall also be provided indicating building dimensions, numbers, and sizes of units, common ownership or use areas, lighting and such other information as shall be required to determine compliance with the design standards contained herein and any other building standards which may be applicable in the Township. Setbacks from property lines, improvements, and other buildings shall also be specifically shown.

Open space.

Minimum requirement. The development shall include as conservation open space at least 30% of the adjusted tract area plus all of the primary conservation areas in § 400-23B.

Standards. Open space areas shall meet the standards of §§ 400-28 and 400-29 shall be preserved to the maximum extent possible in accord with a schedule or plan, and proposed agreement(s) either with the Township or a property owners' association, for the purpose of preserving the open space in accord with Chapter 355, Subdivision and Land Development.

Bulk and density standards; parcel configuration. The bulk and density factors listed in the Multifamily Dwelling Standards Table shall apply to multifamily dwellings and projects without the application of any density bonuses. All land proposed for a particular multifamily dwelling project shall be part of the same parcel and contiguous.

Multifamily Dwelling Standards
Project Standards	Townhouses	Garden Apartments	Apartment Buildings
Minimum size for project parcel (acres)	3	5	5
Density — number of dwelling units per acre of usable land area (see § 400-25D for adjusted tract area)	6	6	6
Maximum number of dwelling units per building	6	10	10
Maximum building height (feet)	Same as the zoning district
Maximum lot coverage (percent)	Applicable to overall project site, not individual lots - see § 400-40A(4)(a)

Design criteria. The following design criteria shall apply to multifamily projects:

Setbacks. No structure in a multifamily dwelling project shall be constructed within 20 feet of the edge of the shoulder of any access drive (without a designated right-of-way) to or through the development or within 10 feet of any parking area. Setbacks of multifamily project buildings from access roads through the project shall meet these minimums; however, setbacks of adjacent buildings shall be varied so that adjacent buildings have a setback variation of not less than five feet. A setback of 50 feet for any structure shall be maintained from all existing or proposed public or private road rights-of-way and the boundary line of the entire project parcel.

Road standards. Access roads through the development shall comply with the street requirements of Chapter 355, Subdivision and Land Development. Direct access of individual parking spaces to a road shall not be permitted, and any such access drive shall remain private.

Building separation. All principal multifamily structures shall be separated by a distance as may be required by any applicable building code, but in no case less than 20 feet.

Landscaped buffers. Buffers, not less than 20 feet in width, shall be provided in accord with Article IX where multifamily structures adjoin existing one-family dwellings, two-family dwellings or any R-1 or R-2 District. In all cases, a landscaping plan shall be prepared and submitted by the developer for approval by the Township.

Pedestrian access. Walkways of such design and construction as approved by the Township shall be provided from all buildings and/or units to their respective parking area and shall meet the requirements for sidewalks as set forth in Chapter 355, Subdivision and Land Development.

(6)

Trash storage. Exterior storage areas for trash and rubbish shall be screened from public view on three sides and shall be contained in covered, verminproof containers. Interior storage areas for trash shall at all times be kept in an orderly and sanitary fashion.

(7)

Architectural renderings. Preliminary architectural renderings, models or photos for multifamily dwelling projects shall be provided at the time of submission of the conditional use application. The exterior appearance of the building(s) shall be unified in type, design, and exterior wall treatment, and so constructed and maintained in order to retain the residential character of the neighborhood. Fire escapes, when required, shall be in the rear of the building and shall not be located on any wall facing a street unless any building, fire or other code so requires.

(8)

Townhouses: facade changes. A minimum of two changes in the front wall plane with a minimum offset of four feet shall be provided for every attached grouping of townhouses in one building. This can be met by varying setbacks among different dwellings or varying setbacks along the front of a dwelling, or dwellings set back farther than attached private garages.

Nonresidential use. Nonresidential uses and home occupations which employ other than unit residents shall not be permitted in a multifamily dwelling. Such ancillary facilities as laundry areas, service buildings, recreational facilities and the like for the use of the residents of the project shall be permitted.

Conversions of existing structures. Conversions of any existing structures to multifamily dwelling use, regardless of whether such conversions involve structural alteration, shall be subject to the provisions of this section. (See also § 400-41.)

Common property ownership and maintenance. In cases where the ownership of common property is involved, evidence of arrangements for the continuous ownership and maintenance of same shall be provided by the developer for approval by the Township in accord with Chapter 355, Subdivision and Land Development. The developer shall also submit evidence of compliance with the Pennsylvania Condominium Law[1] or an attorney's opinion that said Law does not apply to the subject project.

Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.

Water supply and sewage disposal. All multifamily dwelling projects shall be served by an off-site water supply and an off-site sewage disposal system.

Lighting. Lighting shall be provided sufficient in number and intensity to provide for the safe movement of vehicles and pedestrians. Lighting shall not reflect toward public streets or cause any annoyance to surrounding properties.

§ 400-41 Conversion to dwellings.

Any conversion of any building to a residential use or the conversion of any dwelling to accommodate additional dwelling units shall comply with the standards in this section and the other requirements applicable to the dwelling type to which conversion is proposed. The conversion of any building into a dwelling or the conversion of any dwelling so as to accommodate an increased number of dwelling units, or families, shall be permitted only within a district in which a new building for similar occupancy would be permitted under this chapter, and only when the resulting occupancy will comply with the requirements governing new construction in such district with respect to dwelling unit, living space, lot coverage, dimensions of setbacks and other open spaces, off-street parking, and other applicable standards.

§ 400-42 Group homes.

Group homes shall be permitted in any lawful single-family dwelling unit in accord with the Schedule of Uses, this section and other applicable standards of this chapter.

Supervision. There shall be adequate supervision as needed by an adequate number of person(s) trained in the field for which the group home is intended.

Certification. The use shall be licensed or certified under an applicable state, county or federal program for group housing, if applicable. A copy of any such license or certification shall be filed with the Township, and shall be required to be shown to the Zoning Officer in the future upon request. The group home shall notify the Township within 14 days if there is a change in the type of clients, the sponsoring agency, the maximum number of residents or if an applicable certification/license expires, is suspended or is withdrawn.

Parking. Off-street parking areas of more than five spaces shall be buffered from adjacent existing single-family dwellings by a planting screen meeting the requirements of Article IX.

Appearance. If the group home is within a residential district, the building shall be maintained and/or constructed to ensure that it is closely similar in appearance, condition and character to the other residential structures in the area. No exterior signs shall identify the type of use.

Bulk and density. The construction of new group homes shall comply with the minimum lot size and other bulk and density requirements applicable to single-family residential dwellings.

Number of residents. Not more than eight persons shall reside in a group home, including the maximum number of employees/supervisors and/or care providers routinely in the group home at any point in time.

§ 400-43 Minimum residential standards.

Any new dwelling unit hereafter established or utilized shall meet the minimum floor area for habitable rooms required by the Uniform Construction Code.[1]

Editor's Note: See Ch. 160, Construction Standards.

§ 400-44 Mobile home parks.

Location. Mobile home parks are permitted in certain districts in accord with the Schedule of Uses in order to provide the opportunity for the development of a variety of housing types in the Township.

Subdivision and land development. The requirements of Chapter 355, Subdivision and Land Development, shall apply to mobile home parks.

Change permit. The demolition, removal or replacement of a mobile home shall require a permit from the Township Tax Collector and notification of the Township Zoning Officer.

§ 400-45 Mobile homes on individual lots.

It is the intent of this section to provide for the placement of mobile homes on individual building sites not located in a mobile home park.

Bulk requirements. Mobile homes not located in a mobile home park shall comply with lot areas, setback, height, and other requirements established by this chapter applicable to single-family dwelling.

Size. The minimum habitable floor area of a mobile home shall be 720 square feet with a minimum width of 14 feet.

Foundation. Mobile homes not located in a mobile home park shall be placed upon and be permanently attached to a complete, permanent, frost-free foundation meeting the requirements of the Pennsylvania Uniform Construction Code.[1]

Editor's Note: See Ch. 160, Construction Standards.

Use restriction. The applicant shall document that the placement of the mobile home is not prohibited by any deed covenant or restriction.

Temporary storage. A mobile home may be temporarily stored on a single-family residential lot in addition to other structures provided the wheels are not removed, no utilities are connected, and the storage does not exceed 30 days. Principal structure setbacks shall be maintained for the mobile home.

Change permit. The demolition, removal or replacement of a mobile home shall require a permit from the Township Tax Collector and notification of the Township Zoning Officer.

§ 400-46 Functional families.

Purpose. This section is to provide for the regulation of functional families that may request to reside in a dwelling unit and to prohibit larger groups of unrelated persons from residing in dwelling units. Larger groups of unrelated persons have been frequently shown to have a detrimental effect on residential neighborhoods since larger groups of unrelated persons do not live as a family unit and do not have significant economic or emotional ties to the neighborhood.

Special exception; standards. The Zoning Hearing Board shall consider each application for a functional family as a special exception in accord with the standards of § 400-127D and, among others, the following considerations:

Proposed occupants:

Share a strong bond or commitment to a single purpose (e.g., religious orders);

Are not legally dependent on others not part of the functional family;

Can establish legal domicile as defined by Pennsylvania law;

Share costs of food, rent or ownership, utilities and other household expenses;

(e)

Prepare food and eat together regularly;

(f)

Share in the work to maintain the premises;

(g)

Legally share in the ownership or possession of the premises; and

(h)

Share the entire dwelling unit or act as separate roomers.

Whether the household has stability akin to a permanent family. The criteria used to make this determination may include, among others, the following:

The length of stay together among the occupants in the current dwelling unit or other dwelling units;

The presence of minor, dependent children regularly residing in the household;

Whether the household is a temporary living arrangement or a framework for transient living; and

Whether the composition of the household changes from year to year or within the year.

Any other factor reasonably related to whether or not the group of persons is the functional equivalent of a family.

Conditions. The Zoning Hearing Board may impose such additional conditions as it deems necessary for the general welfare, for the protection of individual property rights, and for ensuring that the intent and objectives of this chapter will be observed.

§ 400-47 Optional transferable development rights (TDR).

Purpose. The primary purpose of establishing the transferable development rights (TDR) program is to permanently preserve open land, sensitive natural areas, and rural community character that would be lost if the land were developed. In addition, this section is intended to enable landowners who desire to preserve their land the opportunity to sell on the free market their right to develop to other areas of the Township deemed appropriate for higher-density development based on the availability of community facilities and infrastructure.

Basic concept and authorization.

Sending properties and receiving properties. The provisions of this chapter which permit transferable development rights allow owners of parcels in the Township proposed for conservation, called "sending properties," to sell the right to develop all or a portion of their land to the owners of qualifying parcels in the Township proposed for additional development, called "receiving properties."

Pennsylvania Municipalities Planning Code. The transferable development rights provisions set forth in this section are specifically authorized under §§ 603c.(2.2) and 619.1 of the Pennsylvania Municipalities Planning Code,[1] under the terms of which development rights are acknowledged to be severable and separately conveyable from a sending property to a receiving property.

Editor's Note: See 53 P.S. §§ 10603c.(2.2) and 10619.1, respectively.

Development rights. When landowners sell their right to develop all or a portion of their land, they shall restrict that portion of land from which development rights are sold against any future development as provided in this chapter, although the land may still be used for purposes that do not involve development, such as agriculture or forestry. When the owner of a receiving property buys the development rights from the owner of a sending property, they receive the right to build more dwelling units on their land than they would have been allowed had they not purchased development rights.

Voluntary agreement. The owners of the sending property and receiving property shall voluntarily commit to participate in the transfer of development rights. Once the required conservation easement is established, it shall be binding upon all current and future owners of the sending property. The applicant for the receiving property is responsible to negotiate with, and pay compensation to, the owner of the sending property for the conservation easement. Such transaction shall occur privately, and the value shall be determined by the private market. The Township is under no obligation to pay the owner of the sending property.

Conservation easement.

Land sale and development. The conservation easement imposed on the sending property shall not prohibit the landowner's sale of the land after the development rights have been severed, although such land cannot thereafter be used for development purposes.

Easement holders. The easement shall be held by the Township and a bona fide nonprofit conservation organization [a nonprofit organization created in accord with U.S. Code Title 26, Subtitle A, Chapter 1, Subchapter F, Part I, § 501(c)(3)], which is devoted to the conservation of open space acceptable to the Township.

Conservation organization terms. It shall be responsibility of the sending property owners to meet all of the terms of acceptance of the easement by the conservation organization, including, but not limited to, baseline documentation, monitoring endowment, and legal fees.

(6)

Disposition of development rights. The owner of the sending property from which the development rights are severed or any subsequent purchaser or purchasers of the development rights may declare the development rights for sale, may hold the development rights, or may resell the development rights. The only use which may be made of the development rights is the ultimate transfer to a developer with a receiving property. The Township shall have no obligation to purchase the development rights which have been severed from a sending property.

(7)

Donations or intermediaries. The development rights from a sending property may be purchased by or may be donated to the Township, the county or a bona fide conservation organization acceptable to the Township. A permanent conservation easement shall be established on the sending property at the time of such purchase or donation.

(8)

Permanent severance. Once severed from a sending property, development rights shall remain a separate estate in land and shall not be joined with the antecedent estate.

(9)

Term of development rights. The development rights severed from a sending property shall have no term regardless of the number of intermediate owners unless such rights are legally extinguished.

Sending property qualifications, calculations and requirements. Owners of qualifying tracts may sell their development rights in accord with the following:

Sending property qualifications. The sending property shall not be otherwise restricted from development and:

The sending property shall be located in any WC, R-1, or R-2 District and shall be a minimum of 10 acres in size.

At least 80% of the sending property or a minimum of 100 acres shall be restricted from future development by a conservation easement in accord with this section.

The restricted acreage shall be contiguous and shall not be less than 75 feet in the narrowest dimension at any point except for such lands specifically serving as trail links.

The portion of the parcel which will not be restricted shall be usable under the use, area, dimensional, performance and other standards of this and other Township ordinances.

Declaration of transferable development rights and certification by Township. Any owner of a qualified sending property may elect to declare the severance of development rights, and may request a written certification from the Township of the number of rights that may be severed, which certification shall not be unreasonably withheld. Such request shall be made to the Zoning Officer on the form provided by the Township.

Calculation of transferable development rights; conditional use. The calculation of transferable development rights shall be considered a conditional use based on application made by the sending property owner.

	Calculation of Transferable Development Rights [See Subsection C(3)(b) below for parcels subdivided after the effective date of this section.]
	Sending Property Location	Density Factor - 30% Density Bonus (adjusted tract area per dwelling unit based on on-site water supply and on-site sewage disposal)
	W-C District	152,460 square feet
	R-1 District	60,980 square feet
	R-2 District	45,740 square feet

Determination of number of development rights. The Township shall determine the total number of development rights available from a sending property by dividing the adjusted tract area as calculated for the property in accord with § 400-25D by the density factor (number of acres of adjusted tract area per dwelling unit) in the Calculation of Transferable Development Rights Table.

Subdivision prior to transfer. The density factors in Subsection C(3)(a) shall not apply where the transfer of rights is proposed from any parcel to any other parcel created by a common subdivision approved after the effective date of this section. Density in such case shall be determined using the density factors in Article VI of this chapter applicable to Option 1 conservation design subdivisions.

Plan requirement. The applicant shall provide a plan prepared by a professional consultant as defined by the Pennsylvania Municipalities Planning Code[2] to document to the satisfaction of the Township the determination of adjusted tract area. At a minimum, the plan shall show the site features enumerated in § 400-25D(2).

[2]

Editor's Note: See 53 P.S. § 10101 et seq.

Partial severance. If the severance of development rights would entail less than an entire parcel, the portion of the parcel from which the development rights are severed shall be clearly identified on a survey of the entire parcel made and sealed by a surveyor licensed in Pennsylvania.

(e)

Preserved land. Land previously restricted against development by covenant, easement or deed restriction shall not be eligible for transferable development rights unless and until such time as said covenant, restriction or easement is dissolved or rescinded with agreement of all beneficiaries of such covenant, restriction or easement.

Severance of transferable development rights.

Severance. Transferable development rights which have been severed shall be conveyed by a deed of transferable development rights duly recorded in the Office of the Monroe County Recorder of Deeds. The deed of transferable development rights shall specify the tract of land to which the rights shall be permanently attached or that the rights shall be transferred to the Township, retained by the owner of the sending property, or another person in gross.

Conservation easement. The deed of transferable development rights which severs the development rights from the sending property shall be accompanied by a conservation easement which shall permanently restrict development of the sending property as provided below and which shall be recorded in the Office of the Recorder of Deeds at the same time as or prior to the deed of transferable development rights.

Township approval of easement. All deeds of transferable development rights and conservation easements shall be endorsed by the Township prior to recording, which endorsement shall not be unreasonably withheld.

Deeds submitted to the Township for endorsement shall be accompanied by a title search of the sending property and a legal opinion of title affirming that the development rights being transferred by the deed have not been previously severed from or prohibited upon the sending property and that the sending property is not preserved land as described in Subsection C(3)(e) above.

[2]

A title report shall be prepared not less than 10 days prior to submission of the deed, and the legal opinion of title which has met the reasonable approval of the Township Solicitor.

Partial sale of severed rights. If an agreement of sale of development rights would entail less than the entire number of development rights represented by a recorded deed of transferable development rights, the applicant shall indicate in the deed the disposition of the remaining development rights.

(6)

Sending property conservation easement. Any sending property from which development rights have been severed shall be permanently restricted from future development by a conservation easement provided to the Township which meets the following minimum requirements:

Development restricted. Except where any development rights are retained, the restrictive covenant shall permanently restrict the land from future development for any purpose other than agricultural uses, public park land, conservation areas and similar uses.

Township approval. The conservation easement shall be approved by the Board of Supervisors in consultation with the Township Solicitor.

Enforcement rights. The conservation easement shall designate the Township, and a bona fide conservation organization acceptable to the Township, as the beneficiary/grantee, but shall also designate the following parties as having separate and independent enforcement rights with respect to the easement:

All future owners of any portion of the sending property; and

[2]

All future owners of any portion of any parcel to which the transferable development rights are permanently attached.

Specification of rights sold and retained. The conservation easement shall specify the number of development rights to be severed as well as any to be retained.

(e)

Lot area and setback prohibition. No portion of the tract area used to calculate the number of development rights to be severed shall be used to satisfy minimum setbacks or lot area requirements for any development rights which are to be retained or for any other development.

(f)

Other provisions. The conservation easement shall include all other necessary provisions to address the specific circumstances of the subject property in terms of meeting the requirements of this section.

(g)

Legal interest owners. All owners of all legal and beneficial interest in the tract from which development rights are severed shall execute the conservation easement. All lien holders of the tract from which development rights are severed shall execute a joinder and/or consent to the conservation easement.

(h)

Development approval. Final approval for any subdivision or land development plan using transferred development rights shall not be granted prior to the recording of the required conservation easement and other applicable documents at the Monroe County Recorder of Deeds.

Receiving property qualifications, calculations and requirements. Owners of tracts which meet the following requirements may use development rights that are purchased from sending property owners.

Receiving property location. Development rights may only be transferred to any property in any R-1 or R-2 District.

Conservation design required. All receiving properties shall be governed by the conservation design development standards in Article VI, and the minimum conservation open space shall be 60% of the adjusted tract area calculated in § 400-25D(3) plus constrained land calculated in § 400-25D(2).

Receiving property base residential density. The base residential density of the receiving property shall be determined by dividing the adjusted tract area as calculated for the property in accord with Article VI for Option 1 development.

Receiving property increase in permitted residential density. The number of dwelling units on a receiving property may be increased above the receiving property base density only to the extent that all applicable standards, including, but not limited to, the minimum required open space are satisfied.

Modification of area and bulk standards via conditional use. For any development where at least 20 transferable development rights are received, applicable area and bulk requirements may be modified up to 50% subject to conditional use approval by the Board of Supervisors. Any conditional use approval to permit such modification(s) shall be subject to the following criteria:

Chapter consistency. The design and modifications shall be consistent with the purposes and the design standards contained in this chapter.

Street system. The design and modifications shall not produce lots or street systems that would be impractical in terms of layout or circulation, or detract from the appearance of the development or surrounding community, and shall not adversely affect emergency vehicle access.

Quality of design. The applicant shall demonstrate to the Board of Supervisors that the proposed modification(s) will produce equal or better development design and open space conservation results than could be achieved without the requested modification.

Burden; conditions. If the Board of Supervisors determines that the applicant has met the burden of proof, it may grant a conditional use for the modification of the requirements. The Board of Supervisors may impose such conditions as will, in its judgment, secure the objectives and purposes of this chapter.

Plan submission process.

Plans required. All applicants for use of transferable development rights shall submit subdivision or land development plans in accord with Chapter 355, Subdivision and Land Development, for the development to which the transferable development rights will be added. A conditional use application shall be submitted where applicable. Such plans shall, in addition to meeting all other applicable provisions, include the following:

Proof of available development rights. A deed of transferable development rights or an agreement of sale for all development rights proposed to be purchased from the sending property.

Dwelling unit numbers. A note on the plan showing the total number of dwelling units proposed on the receiving property, the total number that could be built not using TDRs, and the incremental difference between the two.

Plan. The adjusted tract area plan of the sending property required by Subsection C(3)(c) for the site(s) from which the applicant proposes to purchase development rights. If the applicant is purchasing development rights from a portion of a sending property, the plan shall show the areas of severed rights. If the development rights have previously been severed from a sending property, a copy of the recorded deed of transferable development rights shall be submitted.

Title search. A title search of the sending property sufficient to determine all owners of the tract and all lien holders. If the development rights have previously been severed from the sending property, a title search of the rights set forth in the deed of transferable development rights sufficient to determine all of the owners of the development rights and all lien holders shall be provided to the Township.

Final approval; conservation easement. In order to receive final plan approval, the applicant shall provide documentation that the required conservation easement has been recorded for all sending property lands whose development rights are being used by the applicant. These restrictive covenants shall meet the requirements stipulated herein. The restrictive covenant on the sending property shall be recorded first, followed by a deed of transfer, in accord with the provisions of the Pennsylvania Municipal Planning Code,[3] which transfers the development rights from the sending property landowner to the receiving property landowner.

[3]

Editor's Note: See 53 P.S. § 10101 et seq.

Public acquisition. The Township may purchase development rights and may accept ownership of development rights through transfer by gift. All such development rights may be resold or retired by the Township. Any such purchase or gift shall be accompanied by the conservation easement required by § 400-47C(6).

Amendment and/or extinguishment.

Amendment. The Township reserves the right to amend this chapter in the future, and expressly reserves the right to change the manner in which the number of development rights shall be calculated for a sending property and the manner in which development rights can be conveyed.

Termination. The Township further expressly reserves the right to terminate its transferable development rights program at any time.

Claims. No owner of the land or owner of development rights shall have any claim against the Township for damages resulting from a change in this chapter relating to the regulations governing the calculation, transfer and use of development rights or the abolition of the transferable development rights program.