[Ord. 761, 8/26/1985, § 2500; as added by Ord.
971, 12/18/2006, § 6]
To establish reasonable guidelines for the development of adult restricted housing complexes that are safe and adequate when approved as a conditional use by Borough Council solely in the O Office District. The development of such units shall ensure the availability of support facilities by including a small percentage of uses delineated in § 27-202. Finally, it is the intent of this Part to provide for differing standards of acreage, dwelling unit density, building height, parking, and open space without undue adverse impact on the surrounding neighborhoods or the Borough in general.
[Ord. 761, 7/26/1985; as added by Ord. 971, 12/18/2006, § 7]
1.
The following development standards shall be used to guide the Borough
Council in determining the merits of any proposed active adult community.
A.
Minimum Area. The lot area must be at least eight acres. Floodway
areas shall not to be included in the lot area when determining minimum
acreage.
B.
Maximum Density. Maximum permitted density of 20 residential dwelling
units per acre. Floodway areas shall not to be included in the lot
area when determining density.
C.
Maximum Floors. No building shall have more than four stories or
floors above grade.
D.
Height Restrictions. The maximum height of any building of this "use"
shall be 35 feet, except as otherwise permitted below.
(1)
Accessories. Chimneys, spires, towers, skylights, or any structure
for similar use shall not be included in calculating the height where
such structures are customary vertical projections of a permitted
building.
(2)
Height Exception. The prescribed basic height limit may be exceeded
by one foot, up to a maximum of 10 feet for each 1 1/2 foot by
which the width of each side yard and the depth of the rear yard is
increased beyond the minimum requirements.
E.
Distance Between Buildings. In the case of two or more buildings
in an Active Adult Community, the horizontal distance between any
two buildings measured from the building foundation wall at the nearest
point to the adjoining building foundation wall shall not be less
than 1 1/2 times the "wall height" of the taller of the two buildings.
The term "wall height" shall be determined by the vertical measurement
from the top of the foundation wall to the highest point of that same
wall. In the case of a gable end wall, the "wall height" shall be
measured to the peak of said gable end wall.
F.
Building Coverage. Not more than 30% of the lot area may be occupied
by residential dwellings, professional offices, and/or retail sales
and service buildings. Borough Council may exempt open recreational
structures and open assembly structures, during the conditional use
process. Not more than 5% of the total interior building floor area
may be designated for nonresidential uses. No single nonresidential
use shall occupy less than 1,000 or more than 3,000 square feet. Floor
areas specifically intended for the support of the residential dwellings
shall be considered residential in nature. Examples include: common
hallways, foyers, recreational, and assembly halls for the exclusive
use of the residents and their guests, utility rooms, and private
offices or maintenance shops for the exclusive use of any agents or
service personnel within the complex.
G.
Minimum Yard Setbacks for Active Adult Community Development Perimeters:
(1)
Front Yard. Active adult communities shall provide a front yard
setback of not less than 35 feet as measured from the right-of-way
line to the building foundation wall nearest to the right-of-way line.
(2)
Rear Yard. Active adult communities shall provide a rear yard
setback of at least 20 feet, but no less than 1 1/2 times the
setback requirements of an abutting yard along the same property line
where that yard abuts the active adult community, as measured from
the building foundation wall at the point nearest to the property
line.
(3)
Side Yard. Active adult communities shall provide a side yard
setback of at least 20 feet, but no less than 1 1/2 times the
setback requirements of an abutting yard along the same property line
where that yard abuts the active adult community, as measured from
the building foundation wall at the point nearest to the property
line.
I.
Lanes and Interior Access Roads. All parking, lanes, alleys, and
interior access roads shall remain the property of the active adult
community. Maintenance, construction, and snow removal shall be the
responsibility of the association within the active adult community.
(1)
Design Standards. All driveways, lanes, and access roads must comply with the standards as in the Subdivision and Land Development Ordinance [Chapter 22] of the Borough of Hatboro. The applicant shall demonstrate that all interior intersections comply with acceptable line-of-sight triangles and emergency services turning radii.
J.
Refuse and Recycle Materials. All waste generated within any active
adult community shall be the responsibility of the property owner
and addressed in the association or condominium declaration. These
materials shall be the sole responsibility of the owner(s) or their
association and its membership.
(1)
Setback. All trash facilities shall be at least 50 feet from
any property line.
(2)
Screening. All trash facilities shall be screened with a six-foot
high solid fence (not chain link) or screen wall each to be accompanied
by a six-foot wide evergreen landscape buffer to provide a year round
visual screen. The evergreen screen shall have a minimum three-foot
plant material height at installation.
K.
Open Space. The owner shall be required to establish and the owners
and their association shall maintain not less than 20% of the total
lot area of an active adult community in usable open space. This area
shall be for the provision of aesthetic, recreational, and leisure
activities and/or facilities. Areas such as landscape buffers and/or
areas containing walkways, seating, sculptures, fountains, permanent
bodies of water, and recreational fixtures shall be included in the
calculation of "usable open space." Open areas such as minor parking
lot islands, open-air stormwater detention basins, and paved areas
such as parking lots and lanes shall not be included in "usable open
space" calculations. Perpetual maintenance of said open space shall
be the sole responsibility of the owner(s) and their association and
its membership.
L.
Aesthetic Standards.
(1)
Historic Revival Buildings. The exterior facade of any adult
restricted housing and accompanying limited nonresidential structures
shall adhere to an architectural theme from the following periods:
Colonial, Federal, and/or Victorian.
(2)
Site Elements and Details. The themes in the above section shall
be carried throughout the exterior signage, lighting, fencing, rails,
paving, sidewalks, curbs, and landscape details. This subsection shall
place an emphasis on pedestrian-friendly movements within and through
the complex, and provide safe and efficient linkages to nearby facilities
and open space.
(3)
Facade. All facades shall be divided into units of no more than
50 horizontal feet. A break in depth of at least three feet to five
feet shall be required for every 50 feet of facade. Such breaks may
be met through the use of bay windows, porches, porticos, building
extensions, towers, recessed doorways, and other similar architectural
treatments. Blank walls are prohibited.
(4)
Materials. Natural building materials shall be used wherever
practicable.
(5)
Roof. Pitched roofs with a minimum pitch of 1 1/2 inches
of vertical rise per 12 inches of horizontal run shall be required.
(6)
Lighting. In addition to the requirements of § 27-2005, Subsection 1E, and all other applicable sections of this chapter and Subdivision and Land Development [Chapter 22] (as amended), ordinances of the Borough of Hatboro, all lighting fixtures shall be limited in height to 15 feet or less with lenses that focus light directly beneath the fixture. There shall be no spillover of more than 0.1 foot-candles (1.0764 lux) at ground level onto any property.
M.
Public Utilities and Service Requirements.
(1)
Water and Sewer. All dwellings shall be connected to and served
by both public water and public sewer facilities.
(2)
Underground Utilities. All utility lines within an active adult
community shall be located underground within public right-of-ways
or easements. Existing utility lines which are located at the perimeter
of the active adult community shall not be required to be located
underground. All upgrades and/or improvements to existing utilities
shall be placed underground. Any required utility structures, buildings,
pump stations, or other similar devices shall be screened from adjoining
properties and roads, as appropriate.
(a)
Screening. All required utility structures, buildings, pump
stations, or other similar devices shall be screened with a six-foot
high solid fence (not chain link) or screen wall each to be accompanied
by a six-foot wide evergreen landscape buffer to provide a year round
visual screen. The evergreen screen shall have a minimum three-foot
plant material height at Installation.
N.
Walking Paths. All walking paths shall be constructed with all-weather
materials providing a hard, durable surface, and shall be a minimum
of six feet wide. Where such paths intersect blacktop and/or concrete
surfaces ADA approved transitions shall be installed. A path crossing
a cartway shall be of distinct materials (e.g., cobblestone, pressed
concrete, or pressed macadam) and color to present a visual and tire
rumble indication that the pathway is present. Raised platforms (speed
tables) may be used to meet these requirements. All walking paths
shall be depicted on the approved recorded site plan. These walking
paths shall foster social interaction, between Borough residents accomplished
by targeting the spatial relationship between open spaces, walking
trails, and neighboring sidewalks and streets. The walking path network
shall connect to sidewalks on neighboring tracts. The goal is to promote
integration with surrounding community and the Borough at large.
O.
Perpetual Use Guarantee.
(1)
Conversion. A property, which has been developed to the special standards of an active adult community "use," shall not, at any time in the future, change from an active adult community "use" unless all of the Subdivision and Land Development [Chapter 22] and zoning standards are met for the proposed new "use." A statement as to this perpetual "use" shall be placed on the site plan prior to approval and recording.
(2)
Restriction. An applicant for an age-restricted active adult
community shall provide at the time of final plan approval proof of
deed restrictions or other documentation satisfactory to the Borough
Solicitor that limits the residential use of the property to one where
the residents are restricted by age in compliance with the Federal
Fair Housing Act. This documentation shall be recorded prior to the
release of any final plan for recording.
(3)
By-Law Inclusions. Any homeowners association agreement, condominium
declaration, or planned residential unit owners association associated
with an active adult community shall include, in its condominium agreement
by-laws and declaration, provisions to restrict and enforce the restriction
of the residents by age in compliance with the Federal Fair Housing
Act and the provisions of applicable Borough regulations. Such provisions
may not be amended unless approved by the Borough.
(4)
Enforcement. Should the management, homeowners, condominium,
or planned residential unit owners association fail to enforce the
age restrictions, the Borough shall have the right to do so by any
lawful means, including the imposition of fines on the violating residents
and/or the management, homeowners, condominium, or planned unit owners
or renters associations, and/or by seeking injunctive relief.
P.
Other Development Standards. Active adult communities shall be developed in accordance with this chapter and Subdivision and Land Development Ordinances [Chapter 22] (as amended) of the Borough of Hatboro. To the extent the regulations within this section differ (are more or less restrictive) from the other sections of this chapter, those regulations within this section shall govern. However, all other provisions of this and other ordinances of the Borough of Hatboro shall remain in full force.
