In expansion of the community development objectives contained
in this Code chapter, it is hereby declared to be the intent of this
article with respect to any age-qualified residential community development
regulations to establish reasonable standards and criteria to permit
an age-qualified residential community as a conditional use in appropriate
locations within the SR and/or VC Districts of the Township, based
upon a specialized set of development regulations appropriate for
such a development.
A.
To recognize housing needs for residents as they get older and life-style
preferences change.
B.
To provide for developments consistent with the provisions of the
Federal Fair Housing Act amendments of 1988, or as subsequently amended.
C.
To provide for such developments consistent with the Township's Comprehensive
Plan goals.
D.
To recognize that lesser impacts and smaller household sizes are
associated with age-qualified communities.
E.
To encourage flexible site design so as to minimize the impact to
the Township's natural features.
F.
To encourage the creation of individual neighborhoods.
An age-restricted residential community is allowed only as a
conditional use in the SR and/or VC District; provided that the tract
proposed for such development meets the criteria specified in this
article and that the procedural requirements for conditional uses
set forth in this Code chapter are followed. An age qualified residential
community shall be construed to mean a planned development consisting
of residential use(s) as permitted herein, along with recreational
and community uses incidental to such a development, as hereinafter
provided.
A.
The residential uses which are permissible in an age-qualified residential
community are as follows:
(1)
Single-family detached dwellings. For purposes of this section,
a "dwelling" shall be defined as a building containing a minimum of
1,200 square feet, used as a primary residence by the owner.
(2)
Single-family semidetached dwellings, and single-family attached
dwellings. Single-family attached dwellings shall not consist of more
than four contiguous units and no more than 65% of the residential
structures may be four contiguous units.
B.
Certain additional uses may be developed in conjunction with an age-qualified
residential community, including the following; provided, however,
that none is intended as an independent, freestanding commercial use:
(1)
Community center for the exclusive use of residents of the community
and their guests. The community center shall provide a minimum of
1,500 square feet. A community center may include the following:
(2)
Outdoor recreational facilities for the exclusive use of residents
of the community and their guests including, but not limited to, tennis
courts, swimming pools, fitness/jogging/walking/bicycling trails,
practice golf green, or similar facilities. In addition, as a result
of the unique nature of an age-qualified residential community, the
requirements for the open space areas shall be as prescribed in this
section.
(3)
Gatehouse (security hut) and appurtenances related thereto (gates;
automated card readers and similar facilities).
(4)
Entry features consisting of signage and related structures
(fences, pillars, walls, landscape features, lighting, and similar
facilities).
(5)
Utility structures and appurtenances related to public and community
utility facilities (water tanks, pump stations, and similar facilities).
(6)
Accessory uses customarily incidental to the other uses permitted
in this article.
The following prerequisites shall be met for each application
for approval of an age-qualified residential community:
A.
An age-qualified residential community development shall meet all provisions of the Federal Fair Housing Act amendments of 1988, or as subsequently amended. As part of the declaration of restrictive covenants as required pursuant to § 200-77.6 herein, the applicant shall include a declaration against all dwellings proposed to be age-qualified. The declaration shall permanently bind a minimum of 80% of the dwellings to be permanently occupied by at least one person age 55 or older; a greater percentage may be so restricted as part of the declaration. No permanent occupant of any age-qualified dwelling may be less than 18 years of age.
B.
Any tract of ground or contiguous group of tracts which are the subject
of an application for conditional use approval as an age-qualified
residential community pursuant to this article, shall contain a minimum
of 40 acres or be adjacent to and connect to an approved age-qualified
residential community.
C.
Any tract of ground or contiguous group of tracts which are the subject
of an application for conditional use approval as an age-qualified
residential community pursuant to this article shall have a minimum
of two entrances.
The following general regulations shall apply in an age-qualified
residential community:
A.
Ownership. The tract of land to be developed shall be in one ownership,
shall be equitably owned by the applicant, or shall be the subject
of an application filed, jointly by the owners of the entire tract,
and it shall be agreed that the tract shall be developed under single
direction in accordance with the approved homeowners' association
declaration with restrictive covenants, and in accordance with approved
subdivision and/or land development plans as shall be required. The
homeowners' association declaration and development agreements shall
be binding upon all assignees or purchasers of property.
B.
Sewer and water facilities. The tract shall be served by public sewer
and public water facilities designed to current Township regulations.
A.
Density. The maximum density for development pursuant to this article
shall be 2.25 units per gross acre. Regardless of the proposed ownership
of the by-right required open space, open space shall be offered for
dedication to the Township, which shall have the discretion to accept
or reject the offer. In the computation of density, the number of
units shall be rounded up to the nearest whole number. Compliance
with the standards in this article does not guarantee that the maximum
number of dwellings will be achievable in all cases. The applicant's
ability to develop the maximum number may be reduced as a result of
the applicant's choices of dwelling types, building and/or lot sizes,
open space design, physical constraints of the development site, or
other factors.
B.
Lotting. The community will be developed with the unit owners owning
the ground under the footprint of their unit only. The remainder of
the land will be owned in common by unit owners of the community.
C.
Open space. A minimum of 50% of the gross tract area shall be permanently
preserved, either through deed restriction, declaration of restrictive
covenants, or by dedication to the Township (such form of restriction
shall be in the sole discretion of the Board of Supervisors and shall
be stated as a condition in any approval) as open space. The required
open space shall comply with the following:
(1)
Open space shall be designed to encourage the preservation of
existing environmental features.
(2)
Active open space areas shall be provided. These amenities shall
include walking trails and may include picnic pavilions, horseshoe
pits; bocce courts, tennis courts, and like facilities.
(3)
Stormwater control facilities, including basins, swales, underground
appurtenances, may be located within the minimum required open space.
Stormwater control facilities may not occupy more then 40% of the
required open space.
(4)
All open space areas provided, exclusive of any offered for
dedication to and accepted by the Township, shall be maintained by
a homeowners' association or similar entity, as approved by the Township
Board of Supervisors.
D.
Existing public road and tract boundary setback. There shall be a
minimum building setback of 100 feet from the subject tract's boundary
and from an existing frontage roadway as measured from the prescribed
ultimate right-of-way line.
E.
Proposed roads. All roads shall be constructed in accordance with the Township regulations set forth in the Subdivision and Land Development chapter [Chapter 172] of this Code.
F.
Other building setbacks. In addition to those prescribed in other
subsections of this section, building setbacks shall be as prescribed
in this subsection, unless a greater setback is explicitly or implicitly
required by other provisions of this article.
(2)
Distance between sides of two adjacent building units: 35 feet
at the closest point between any two buildings measured from the building
foundation wall, but the average minimum distance between the front
and rear corners of any two adjacent buildings shall be 45 feet.
(3)
Distance between rear of two adjacent dwellings (or between
the side of one dwelling and rear of an adjacent dwelling): 75 feet.
(4)
From a common parking area serving residential units (or access
road thereto): 30 feet.
(5)
From a dwelling to an outdoor recreation facility associated
with the development but not housed in a building: 30 feet.
(6)
From a dwelling to another permitted nonresidential building
or parking area serving nonresidential uses within the community (or
access road thereto): 50 feet.
(7)
On either side of any entry road, an adequate site triangle
shall be established per PennDOT standards.
(8)
The front building line of no more than two adjacent buildings
may be on the same plane. All other buildings must have the front
building line either on an arc or offset from adjacent buildings by
at least five feet.
G.
Height and width regulations.
H.
Coverage standards. The following standards shall apply to the development
tract (tract area approved for conditional use) as a whole:
I.
Architectural standards. Age-qualified dwellings shall be subject
to the following standards:
(1)
As part of the application, the applicant shall prepare a set
of architectural renderings for the homes and community center, if
applicable, in the development, including floor plans, elevations,
perspective sketches, and building materials. All building styles,
elevations, window and door placement, roof pitch and proportions
shall be compatible with the existing character of the area.
(2)
The architectural characteristics shall be approved as a condition
of conditional use approval and shall be recorded with the development
agreement. Significant variations from the approved characteristics
shall require additional conditional use approval, when determined
necessary by the Board of Supervisors.
(3)
It is not intended that the Board of Supervisors dictate the
architectural characteristics, but that an acceptable set of standards
be chosen by the applicant and adhered to consistently throughout
the development. The community center shall be of a compatible architectural
design. Factors to be considered as part of the conditional use approval
include, but are not limited to, the following design criteria to
the extent they are applicable to the type of dwelling unit being
used by the applicant:
(a)
A minimum of 80% of the end dwelling units shall have two car
side-entry garages. Any side-entry garage unit shall have a backup
area for the driveway.
(b)
At least 50% of the front elevation of any residential structure
shall be a masonry product, i.e., stone, cultured stone, stucco, brick,
etc.
(c)
There shall be a minimum three-foot variation of the front elevation
within 10 feet of the common (party) wall between units.
(d)
There shall be a minimum of at least two one foot six inch variations
a minimum of 15 feet apart on the side elevation of units. The required
variation may be accomplished through the use of bay windows, porch
roofs, second floor hip roofs, etc.
(e)
There shall be a minimum of one break being defined as a variation
in the elevation of at least one foot six inches per unit to the rear
elevation of each residential structure through the use of differing
footprints or changes in the gable, or other roofline variations.
(f)
The front elevation of a residential structure shall contain
a minimum of 1 1/2 gables per unit, and dormer windows may only
account for 50% of the required gables.
(g)
Ridge and fascia lines of the roof may not align for more than
two consecutive units.
(h)
The primary bedroom and bath shall be located on the first floor.
(i)
The second floor area may not exceed 80% of the first floor
footprint inclusive of the garage.
(j)
The minimum roof pitch shall be five feet by 12 feet.
(4)
For the nonresidential uses in the VC District, the developer
shall be required to, at the discretion of the Board of Supervisors,
design buildings which fit the character of the Township and which
are architecturally compatible with the proposed residential development.
This shall include, at a minimum, a prohibition against the erection
of any building containing a building footprint in excess of 12,000
square feet. There shall be, however, no prohibition on the number
of such buildings or combinations thereof.
J.
Utilities. All proposed utility lines (electrical, telephone, cable TV, internal security system lines, etc.) within the age-qualified residential community development shall be placed underground in accordance with the requirements of the Subdivision and Land Development chapter [Chapter 172] of this Code.
K.
Parking. Parking requirements shall be as follows:
(1)
For the residents of each dwelling unit, two off-street parking
spaces shall be provided per dwelling. Enclosed garage space shall
count toward this requirement.
(2)
For guest parking, three-fourths of one parking space per unit
shall be provided. There shall be guest parking within 200 feet of
90% of the units, and the remaining 10% of units must be no great
then 275 feet from a guest parking space.
(3)
For any community center facility, the parking shall be based
on the maximum legal occupancy as defined by the Building Code. Three
quarters of one parking space shall be provided for each person of
maximum legal occupancy dependent upon the specific mix of uses proposed
in the community center facility. If additional parking is to be installed,
such additional parking shall not exceed twice the number of spaces
otherwise required by this Zoning chapter of this Code.
(4)
At least one loading/unloading area shall be provided for any
community center facility. Such area(s) shall be placed in such a
location that there is no interference between service vehicles and
parking/vehicular circulation for patron parking.
L.
Trash and refuse areas. Provision shall be made for the storage of
trash, refuse, garbage and recyclables, whether inside a building(s)
or within a walled or fenced area outside the building(s). The walls
or fences of such trash and refuse areas shall shield the contents
of the enclosure from direct view from any residences and shall be
of compatible design and materials with the building(s) which it services.
Proper ingress and egress shall be provided for removal of the trash,
refuse, garbage and recyclables without conflict with parked vehicles
or circulation within the parking area. Around the non-parking lot
side(s) of any enclosure, landscaping shall be provided to soften
the appearance of the enclosure.
A homeowners' association declaration shall be approved by the
Township and recorded. Said declaration shall provide all of the restrictions
necessary to assure that a proposed development will operate as depicted
on the approved final subdivision and land development plans and be
in compliance with the Federal Fair Housing Act amendments of 1988,
or as subsequently amended. The following are the minimum requirements
for the declaration:
A.
Provisions for the establishment of a homeowners' association(s)
or other similar entity as approved by the Township, with mandatory
membership by the current owner of each dwelling.
B.
Parties to the declaration shall be bound by all restrictions contained
therein and shall include, at a minimum, members of the aforementioned
association(s), developer, mortgagees of any lot and/or building on
the tract, legal entity responsible for the operations of the community
center and its associated facilities, and any other parties having
any interest in all or any part of the proposed development, and the
Township. Provisions shall be included to permit Township enforcement
of the restrictions contained in the declaration, in the event that
the responsible association(s) or other entities fail to do so.
C.
Cross-easements shall be included which shall assure proper circulation
throughout the development and access to all common recreation and
open space areas, roadways and common parking areas.
D.
Maintenance responsibilities shall be included for any community/recreation
center and related facilities, other recreational facilities, common
open space, circulation network, common parking areas, landscaping
and all other areas not individually controlled by a homeowner in
fee title.
E.
Provisions to ensure that development of any buildings, parking,
or other similar improvements be prohibited on any lots to be utilized
solely for open space purposes, as indicated on the approved record
plan.
F.
Provisions stipulating each lot owner/resident's rights with respect
to common areas and common elements.
G.
Residency restrictions applicable to a development in this district
shall be included in the declaration of restrictive covenants and
as additionally specified herein. Residents of an age-qualified residential
community shall be limited by deed and by lease, where applicable,
to households including at least one permanent resident age 55 years
or older, and shall prohibit occupancy by any person age 18 or younger,
except as follows:
(1)
Individual units may occasionally house persons younger than
age 18, such as grandchildren, provided they reside within the dwelling
for less than 120 days, cumulatively, in any calendar year.
(2)
This subsection shall not require members of a household to
move out of a dwelling if they qualified for residency at the time
of their initial occupancy and no longer meet the requirements for
residency because a resident age 55 or older died, divorced, was placed
in a nursing or other similar assisted care facility or experienced
a similar circumstance.
(3)
The applicant shall prove to the satisfaction of the Board of
Supervisors that an appropriate entity, such as a homeowners' association,
will have appropriate authority through deed restrictions or similar
mechanisms to ensure compliance with the age-limitations.
H.
Any change to cross-easements, maintenance responsibilities, or other
applicable restrictions which is substantive in the opinion of the
Board of Supervisors will necessitate an amendment to the declaration
of restrictive covenants to be submitted, approved and recorded to
replace any prior such document. No subdivision or land development
for any development on the subject development tract shall be approved
without a current recorded declaration of restrictive covenants.
I.
Any additional restrictions which the HOA may determine to apply
to the development which are stricter than existing Township regulations.
Notwithstanding any other provision or requirement of this article, if any portion of the proposed development is located within the Village Commercial District (Article VIII, § 200-39 et seq.), then the property located within the VC District shall be developed to permit the construction of a minimum of 20,000 square feet of nonresidential uses permitted by right in the VC District (Article VIII, § 200-40). VC District development shall be architecturally designed to blend with residential uses developed under the overlay regulations. VC District development shall be permitted two monument-style signs no greater then 40 square feet in size along with one flush-mounted wall sign per building not to exceed 40 square feet.
