[Ord. 125, 7/18/2007, § 301]
1.
For the purpose of this chapter, the Township is hereby divided into
the following zoning districts, with the following abbreviations:
A.
AC Agricultural Conservation.
B.
R-2 Rural Residential.
C.
R-3 Low Density Residential.
D.
R-4 Medium Density Residential.
E.
R-5 Medium Density Residential, West.
F.
NC Neighborhood Commercial.
G.
I-1 Light Industrial.
H.
1-2 General Industrial.
I.
GS Government Service.
J.
EX-1 Extractive Industrial.
2.
For the purposes of this chapter, the zoning districts named in Subsection 1, shall be of the number, size, shape and location shown on the "Official Zoning Map."
3.
Overlay Districts. The floodplain area, as defined by Part 5, shall
serve as an overlay district to the applicable underlying districts.
4.
Purposes of Each District. In addition to serving the overall purposes
and objectives of this chapter and the Comprehensive Plan, each zoning
district is intended to serve the following purposes:
A.
AC Agricultural Conservation District. To preserve contiguous areas
of agricultural land to promote agricultural activities. To provide
for limited amounts of residential development in clustered locations
that will preserve agricultural lands and/or natural features. To
avoid conflicts with agricultural uses. To promote groundwater recharge.
B.
R-2 Rural Residential District. To provide for very low density residential
neighborhoods that are primarily composed of single-family detached
dwellings. To protect these areas from incompatible uses. To provide
incentives and a certain amount of flexibility in lot layout through
the open space development option so that development can be placed
on the most suitable portions of a tract of land, while still avoiding
overly intense development.
C.
R-3 Low Density Residential District. To provide for low density
residential neighborhoods. To protect these areas from incompatible
uses.
D.
R-4 Medium Density Residential District. To provide for medium density
residential neighborhoods with a mix of housing types. To protect
these areas from incompatible uses. To meet requirements of state
law to provide opportunities for various housing types.
E.
R-5 Medium Density Residential District, West. To allow opportunities
for a mix of housing types at a medium density. To protect these areas
from incompatible uses.
F.
NC Neighborhood Commercial District. To provide for lighter types
of commercial uses that will be compatible with nearby homes. To promote
an appropriate mix of retail, service, office, public, institutional
and residential uses. To avoid heavy commercial uses that are most
likely to conflict with the historic and scenic character, and most
likely to cause conflicts with homes.
G.
L-1 Light Industrial District. To provide for industrial and certain
types of commercial development in a manner that is compatible with
any nearby homes and the surrounding environment. To carefully control
the types of industrial operations to avoid nuisances and environmental
hazards. To encourage coordinated development, particularly in regard
to traffic access.
H.
I-2 General Industrial. To provide for industrial and certain types
of commercial development in a manner that is compatible with any
nearby homes and the surrounding environment. To carefully control
the types of industrial operations to avoid nuisances and environmental
hazards. To encourage coordinated development, particularly in regard
to traffic access. To provide for a greater number of industrial uses
than the LI District.
I.
EX-1 Extractive Industrial. To provide for mineral extraction and
other industrial uses, in a manner that will minimize impacts upon
adjacent uses. To promote appropriate reuse and reclamation of these
lands.
J.
GS Government Service. To provide for a variety of institutional
uses and related uses, such as medical offices, nursing homes and
governmental facilities.
[Ord. 125, 7/18/2007, § 302]
1.
The regulations set by this chapter shall apply uniformly to each
class or kind of structure or land, except as provided for in this
chapter.
2.
No structure shall hereafter be erected, used, constructed, reconstructed,
structurally altered or occupied and no land shall hereafter be used,
developed or occupied unless it is in conformity with the regulations
herein specified for the use and district in which it is located.
3.
No yard or lot existing at the time of passage of this chapter shall
be reduced in dimension or area below the minimum requirements set
forth herein. Yards or lots created after the effective date of this
chapter shall meet at least the minimum requirements established by
this chapter.
4.
Boundary Change. Any territory which may hereafter become part of
the Township through annexation or a boundary adjustment shall be
classified as the R-2 Zoning District of the Township until or unless
such territory is otherwise classified by Board of Supervisors.
[Ord. 125, 7/18/2007, § 303]
1.
A map entitled "Upper Nazareth Township Zoning Map" accompanies this
chapter and is declared a part of this chapter. The Official Zoning
Map, which should bear the adoption date of this chapter and the words
"Official Zoning Map," shall be retained in the Township Building.
2.
Map Changes. Changes to the boundaries and districts of the Official
Zoning Map shall only be made in conformity with the amendment procedures
specified in the State Municipalities Planning Code, 53 P.S. § 10101
et seq. All changes should be noted by date with a brief description
of the nature of the change, either on the map or within an appendix
to this chapter.
3.
Replacement Map. If the Official Zoning Map becomes damaged, destroyed,
lost or difficult to interpret because of changes and additions, or
needs to have drafting errors or omissions corrected, Township Supervisors
may, by resolution, adopt a new copy of the Official Zoning Map which
shall supersede the prior Official Zoning Map. Unless the prior Official
Zoning Map has been lost or has been totally destroyed, the prior
map or any remaining parts shall be preserved together with all available
records pertaining to its previous adoption or amendment.
[Ord. 125, 7/18/2007, § 304]
1.
The following rules shall apply where uncertainty exists as to boundaries
of any district as shown on the Zoning Map:
A.
District boundary lines are intended to follow or be parallel to
the center line of street rights-of-way, streams and railroads, and
lot lines as they existed on a recorded deed or plan of record in
the County Recorder of Deeds' office at the time of the adoption
of this chapter, unless such district boundary lines are fixed by
dimensions as shown on the Official Zoning Map.
B.
Where a district boundary is not fixed by dimensions and where it
approximately follows lot lines, such boundary shall be construed
to follow such lot lines unless specifically shown otherwise.
C.
The location of a district boundary on un-subdivided land or where
a district boundary divides a lot shall be determined by the use of
the scale appearing on the Zoning Map unless indicated otherwise by
dimensions.
D.
Where a municipal boundary divides a lot, the minimum lot area shall
be regulated by the Township in which the principal use(s) are located,
unless otherwise provided by applicable case law. The land area within
each municipality shall be regulated by the use regulations and other
applicable regulations of each municipality.
[Ord. 125, 7/18/2007, § 305]
1.
Intent. To continue the objective of compatible land uses across
municipal boundaries.
2.
This chapter requires additional setbacks and the provision of buffer
yards when certain uses would abut an existing dwelling or a residential
zoning district. These same additional setback and buffer yard provisions
shall be provided by uses proposed within the Township regardless
of whether such abutting existing dwelling or principally residential
zoning district is located in an abutting municipality and/or in the
Township.
[Ord. 125, 7/18/2007, § 306; as amended by Ord.
157, 11/6/2013, § 2]
1.
For the purposes of this section, the following abbreviations shall
have the following meanings:
2.
Unless otherwise provided by state or federal law or specifically stated in this chapter (including § 27-106, Subsection 2), any land or structure shall only be used or occupied for a use specifically listed in this chapter as permitted in the zoning district where the land or structure is located. Such uses shall only be permitted if the use complies with all other requirements of this chapter.
|
See § 27-106, Subsection 2, which generally provides a process for approval of a use that is not listed, based upon similarity to permitted uses and other criteria. Except as provided in such § 27-106, Subsection 2, any other principal use that is not specifically listed as P, C or SE in the applicable district in this table is prohibited in that district.
|
|
When an applicant uses the open space development option, the lot sizes may be revised as provided in § 27-311.
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A.
The table of Allowed Uses in Primarily Residential Zoning Districts is included as an attachment to this chapter.
B.
The table of Allowed Uses in Primarily Business Zoning Districts is included as an attachment to this chapter.
C.
Permitted Accessory Uses in All Districts. An accessory use of a dwelling is only permitted if such use is customarily incidental to the residential use and is specifically permitted by this chapter. The following are permitted by right as accessory uses to a lawful principal use in all districts, within the requirements of § 27-403 and all other requirements of this chapter:
(1)
Standard antennas, including antennas used by contractors to
communicate with their own vehicles.*
(2)
Fence or wall.*
(3)
Garage, household.
(4)
Garage sale.*
(5)
Pets, keeping of.*
(6)
Parking or loading, off-street, only to serve a use that is
permitted in that district.
(7)
Recreational facilities, limited to use by: residents of a development
or students at a primary or secondary school or center for the care
and treatment of youth, and their occasional invited guests.
(8)
Residential accessory structure (see definition in Part 2).*
(9)
Signs, as permitted by Part 7.
(10)
Swimming pool, household.*
D.
Permitted Accessory Uses to Business and Institutional Uses. The
following are permitted by right accessory uses to a lawful commercial,
industrial or institutional principal use, provided that all requirements
of this chapter are met:
E.
Neighborhood Commercial Uses in Residential Developments of 200 or
More Dwelling Units.
(1)
If a new residential subdivision or land development is submitted
to the Township that will include 200 or more dwelling units, then
as a conditional use, certain commercial uses and the parking areas
that serve them shall be allowed on a maximum of 5% of the land area
of that subdivision or land development. This provision may apply
in any district where such dwellings would be allowed. Such commercial
uses shall not be occupied until a minimum of 150 of the dwelling
units have been occupied.
(a)
Such commercial uses shall be limited to retail sales, personal
services, offices and business services. The commercial uses shall
be clustered in one portion of the tract. Adult uses and drive-through
uses shall be prohibited.
(b)
As part of the conditional use approval, the applicant shall
prove to the satisfaction of the Board of Supervisors that the commercial
uses will be located and designed to minimize conflicts with existing
and planned dwellings and to provide for proper traffic access onto
public streets.
[Ord. 125, 7/18/2007, § 307]
1.
The requirements shall apply for the specified zoning district, unless a more restrictive requirement for a specific use is required by §§ 27-402 or 27-403 or another section of this chapter. All measurements shall be in feet unless otherwise stated. The term "sq. ft." shall mean square feet. See definitions of terms (such as lot width) in § 27-202. For condominiums, see Subsection 2.
A.
AC Agricultural Conservation District.
(1)
Dimensional Requirements.
|
Maximum Building Coverage
|
Maximum Impervious Coverage
|
Minimum Lot Area
(per dwelling unit for residential uses)
| |
|---|---|---|---|
|
Raising of livestock or poultry (See also § 27-402, which may establish stricter requirements for certain types of uses)
|
10%
|
20%
|
5 acres
|
|
Single-family detached dwelling
|
10%
|
20%
|
3 acres
|
|
Open space development option (§ 27-311 shall also apply)
|
15%
|
20%
|
See § 27-311
|
|
Other allowed use
|
10%
|
20%
|
5 acres
|
|
Minimum Lot Width at Minimum Building Setback Line
(feet)
|
Maximum Building Height*
(feet)
|
Minimum Yards: Front/Each Side/Rear
(feet)
| |
|---|---|---|---|
|
Raising of livestock or poultry (see also § 27-402, which may establish stricter requirements for certain types of uses)
|
300
|
35
|
150/100/150
|
|
Single-family detached dwelling
|
200
|
35
|
50/20/60
|
|
Open space development option (§ 27-311 shall also apply)
|
135
|
35
|
See § 27-311
|
|
Other allowed use
|
200
|
35
|
100/50/100
|
|
NOTES:
| |
|
*
|
Or three stories, whichever is more restrictive. See exceptions
for agricultural buildings in Part 8.
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(2)
Agricultural Nuisance Disclaimer. The following notice, or similar
text pre-approved by the Township, is required to be placed on the
deed of any new lot that is created within the AC District and shall
be disclosed to any buyer of a lot prior to a sale:
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"As of the date of this notice, this lot is within an AC Agricultural
Conservation Zoning District, where Upper Nazareth Township has given
priority to commercial agricultural production. Occupants of this
property may be subjected to inconvenience and discomfort arising
from normally accepted agricultural operations, including, but not
limited to, noise, odors, dust, the operation of machinery or aircraft,
the storage and disposal of manure, and the application of fertilizers,
soil amendments, herbicides and pesticides. Occupants of this property
should be prepared to accept such inconveniences and discomfort, and
are hereby put on official notice that the Pennsylvania "Right to
Farm Law" and/or Agricultural Security Area designation may bar them
from obtaining a legal judgment against such normal agricultural operations
and may limit the ability of the Township to regulate such operations."
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(3)
Agricultural Compatibility. For any proposed new lot that will
be occupied by a new principal dwelling, the applicant shall prove
to the Zoning Officer, after review by the Planning Commission, that
the new lot is being designed and located in a manner that minimizes
the impact upon agricultural activities on the tract and on adjacent
tracts.
(a)
To the maximum extent feasible considering septic system regulations,
a new residential lot shall be located to minimize the amount of prime
agricultural land that will be removed from production, to maximize
prime agricultural land on a principally agricultural lot, and to
allow efficient farming activities on the remaining land.
(b)
To the maximum extent feasible, a new residential lot shall
be located to maximize the distance of the new dwelling from any livestock
or poultry operations and to place the home upwind from such facilities,
considering prevailing winds.
(c)
Any new principal dwelling unit shall be set back a minimum
of 200 feet from the lot line of another lot that includes a principal
livestock or poultry use, unless the owner of such livestock or poultry
use provides a written statement stating that they waive such additional
setback.
B.
R-2 Rural Residential District.
|
Maximum Building Coverage
|
Maximum Impervious Coverage
|
Minimum Lot Area
(per dwelling unit for residential uses)
| |
|---|---|---|---|
|
Raising of livestock or poultry (See also § 27-402, which may establish stricter requirements for certain types of uses)
|
10%
|
20%
|
5 acres
|
|
Single-family detached dwelling
|
10%
|
20%
|
1 acre
|
|
Open space development option (§ 27-311 shall also apply)
|
10%
|
20%
|
See § 27-311
|
|
Other allowed use
|
10%
|
20%
|
5 acres
|
|
Minimum Lot Width at Minimum Building Setback Line
(feet)
|
Maximum Building Height*
|
Minimum Yards: Front/Each Side/Rear
(feet)
| |
|---|---|---|---|
|
Raising of livestock or poultry (see also § 27-402, which may establish stricter requirements for certain types of uses)
|
300
|
35
|
150/100/150
|
|
Single-family detached dwelling
|
135
|
35
|
50/20/50
|
|
Open space development option (§ 27-311 shall also apply)
|
100
|
35
|
See § 27-311
|
|
Other allowed use
|
200
|
35
|
100/50/100
|
|
*
|
Or three stories, whichever is more restrictive. See exceptions
for agricultural buildings in Part 8.
|
C.
R-3 Low Density Residential District.
|
Maximum Building Coverage
|
Maximum Impervious Coverage
|
Minimum Lot Area
(per dwelling unit for residential uses)
| |
|---|---|---|---|
|
Raising of livestock or poultry (See also § 27-402, which may establish stricter requirements for certain types of uses)
|
10%
|
20%
|
5 acres
|
|
Single-family detached dwelling without public water and/or
public sewage service
|
10%
|
20%
|
43,560 square feet (1 acre)
|
|
Single-family detached dwelling with both public water service
and public sewage service
|
20%
|
40%
|
12,000 square feet
|
|
Open space development option
|
25%
|
50%
|
§ 27-311 shall apply
|
|
Other allowed use
|
20%
|
30%
|
1 acre
|
|
Minimum Lot Width at Minimum Building Setback Line
(feet)
|
Maximum Building Height*
(feet)
|
Minimum Yards: Front/Each Side/Rear
(feet)
| |
|---|---|---|---|
|
Raising of livestock or poultry (see also § 27-402, which may establish stricter requirements for certain types of uses)
|
300
|
35
|
150/100/150
|
|
Single-family detached dwelling that does not have both public
water and public sewage services
|
135
|
35
|
25/15/40
|
|
Single-family detached dwelling with both public water and public
sewage services
|
90
|
35
|
25/15/40
|
|
Open space development option
|
70
|
35
|
§ 27-311 shall apply
|
|
Other allowed use
|
135
|
35
|
50/20/40
|
|
NOTES:
| |
|---|---|
|
*
|
Or three stories, whichever is more restrictive. See exceptions
in Part 8, including for agricultural buildings.
|
|
See also § 27-315, which may allow higher densities
for age-restricted development.
| |
D.
R-4 Medium Density Residential District.
|
Maximum Building Coverage
|
Maximum Impervious Coverage
|
Minimum Lot Area
(per dwelling unit for residential uses)
| |
|---|---|---|---|
|
Raising of livestock or poultry (See also § 27-402, which may establish stricter requirements for certain types of uses)
|
20%
|
25%
|
5 acres
|
|
Single-family detached dwelling without public water and/or
public sewage service
|
20%
|
25%
|
43,560 square feet (1 acre)
|
|
Single-family detached dwelling with both public water service
and public sewage service
|
25%
|
40%
|
10,000 square feet
|
|
Twin dwelling, which shall require both public water and public
sewage services
|
40%*
|
50%*
|
7,200 square feet
|
|
Townhouse dwelling, which shall require both public water and
public sewage services
|
40%*
|
50%*
|
Minimum average of 7,200 square feet of lot area per dwelling
unit.***
|
|
Apartments
|
40%*
|
50%*
|
15,000 square feet minimum tract size, minimum average of 7,200
square feet of lot area per dwelling unit.***
|
|
Other allowed use
|
25%
|
40%
|
20,000 square feet
|
|
NOTES:
| |
|---|---|
|
*
|
This requirement may be met based upon the total lot area of
a development after completion. A condominium form of ownership is
specifically allowed.
|
|
Minimum Lot Width at Minimum Building Setback Line
(feet)
|
Maximum Building Height*
(feet)
|
Minimum Yards: Front/Each Side/Rear
(feet)
| |
|---|---|---|---|
|
Raising of livestock or poultry (see also § 27-402, which may establish stricter requirements for certain types of uses)
|
300
|
35
|
150/100/150
|
|
Single-family detached dwelling
|
80
|
35
|
25/10/30
|
|
Twin dwelling
|
60 per dwelling unit
|
35
|
25/10/30
|
|
Townhouse
|
20 per dwelling unit**
|
35
|
25/10 ends/30
|
|
Apartments
|
100
|
35
|
25/20/40
|
|
Other allowed use
|
135
|
35
|
50/20/40
|
|
NOTES:
| |
|
*
|
Or three stories, whichever is more restrictive. See exceptions
in Part 8, including for agricultural buildings.
|
|
**
|
Except if two or more side-by-side off-street parking spaces
are located in the front yard of a townhouse or if garage door(s)
for two or more vehicles face onto the street in the front of the
townhouse, then the minimum building width per dwelling along such
street shall be a minimum of 24 feet. A maximum of 50% of the land
area between the front of each townhouse and the right-of-way line
shall be used for vehicle parking and driveways.
|
|
***
|
These provisions are intended to allow flexibility in the placement
of individual dwelling units, regardless of whether the homes are
condominium or fee-simple, and regardless of whether public streets,
private streets, or parking courts are used.
|
|
The minimum average lot area per dwelling unit establishes the
maximum number of units permitted on a tract of land.
| |
|
The minimum average lot area per dwelling unit shall be calculated
after deleting existing street right-of-way of existing streets and
alleys, but shall include: right-of-way of proposed streets and alleys
and areas of parking courts, common open space, and stormwater detention
basins.
| |
|
See also the applicable standards in § 27-402, which may require common open space.
| |
|
See also § 27-315, which may allow higher densities
for age-restricted development.
| |
E.
R-5 Medium Density Residential West District.
|
Maximum Building Coverage
|
Maximum Impervious Coverage
|
Minimum Lot Area
(per dwelling unit for residential uses)
| |
|---|---|---|---|
|
Single-family detached dwelling without public water and/or
public sewage service
|
20%
|
20%
|
43,560 square feet (1 acre)
|
|
Single-family detached dwelling with both public water service
and public sewage service
|
25%
|
40%
|
9,000 square feet
|
|
Twin dwelling, which shall require both public water and public
sewage services
|
40%*
|
50%*
|
7,200 square feet
|
|
Townhouse dwelling, which shall require both public water and
public sewage services
|
40%*
|
50%*
|
Minimum average of 7,200 square feet of lot area per dwelling
unit.***, 15,000 square feet minimum tract size
|
|
Apartments
|
40%*
|
50%*
|
15,000 square feet minimum tract size, minimum average of 7,200
square feet of lot area per dwelling unit.***
|
|
Manufactured/mobile home park
|
40%*
|
50%*
|
§ 27-402 shall apply
|
|
Other allowed use
|
25%
|
40%
|
20,000 square feet
|
|
NOTES:
| |
|---|---|
|
*
|
This requirement may be met based upon the total lot area of
a development after completion. A condominium form of ownership is
specifically allowed.
|
|
Minimum Lot Width at Minimum Building Setback Line
(feet)
|
Maximum Building Height*
(feet)
|
Minimum Yards: Front/Each Side/Rear
(feet)
| |
|---|---|---|---|
|
Raising of livestock or poultry (see also § 27-402, which may establish stricter requirements for certain types of uses)
|
300
|
35
|
150/100/150
|
|
Single-family detached dwelling
|
90
|
35
|
25/10/40
|
|
Twin dwelling
|
60 per dwelling unit
|
35
|
25/10 end units/30
|
|
Townhouse
|
20 per dwelling unit**
|
35
|
25/10 end units/30
|
|
Apartments
|
100
|
35
|
25/20/40
|
|
Manufactured/mobile home park
|
100
|
35
|
§ 27-402 shall apply
|
|
Other allowed use
|
135
|
35
|
25/20/40
|
|
NOTES:
| |
|
*
|
Or three stories, whichever is more restrictive. See exceptions
in Part 8, including for agricultural buildings.
|
|
**
|
Except if two or more side-by-side off-street parking spaces
are located in the front yard of a townhouse or if garage door(s)
for two or more vehicles face onto the street in the front of the
townhouse, then the minimum building width per dwelling along such
street shall be a minimum of 24 feet. A maximum of 50% of the land
area between the front of each townhouse and the right-of-way line
shall be used for vehicle parking and driveways.
|
|
***
|
These provisions are intended to allow flexibility in the placement
of individual dwelling units, regardless of whether the homes are
condominium or fee-simple, and regardless of whether public streets,
private streets, or parking courts are used.
|
|
The minimum average lot area per dwelling unit establishes the
maximum number of units permitted on a tract of land.
| |
|
The minimum average lot area per dwelling unit shall be calculated
after deleting existing street right-of-way of existing streets and
alleys, but shall include: right-of-way of proposed streets and alleys
and areas of parking courts, common open space, and stormwater detention
basins.
| |
|
See also the applicable standards in § 27-402, which may require common open space.
| |
|
See also § 27-315, which may allow higher densities
for age-restricted development.
| |
F.
GS Government Services District.
|
Maximum Building Coverage
|
Maximum Impervious Coverage
|
Minimum Lot Area
(per dwelling unit for residential uses)
| |
|---|---|---|---|
|
Raising of livestock or poultry (See also § 27-402, which may establish stricter requirements for certain types of uses)
|
20%
|
25%
|
5 acres
|
|
Single-family detached dwelling without public water and/or
public sewage service
|
20%
|
25%
|
43,560 square feet (1 acre)
|
|
Single-family detached dwelling with both public water service
and public sewage service
|
25%
|
40%
|
10,000 square feet, except minimum of 5,000 square feet of lot
area per dwelling unit if the age restriction option of § 27-315
is used
|
|
Twin dwelling, which shall require both public water and public
sewage services
|
40%*
|
50%*
|
7,200 square feet, except minimum of 5,000 square feet of lot
area per dwelling unit if the age restriction option of § 27-315
is used
|
|
Townhouse dwelling, which shall require both public water and
public sewage services
|
40%*
|
50%*
|
Minimum average*** of 7,200 square feet of lot area per dwelling,
except minimum of 5,000 square feet of lot area per dwelling unit
if the age restriction option of § 27-315 is used
|
|
Apartments
|
40%*
|
50%*
|
15,000 square feet minimum tract size, minimum average*** of
7,200 square feet of lot area per dwelling unit, except minimum of
3,000 square feet of lot area per dwelling unit if the age restriction
option of § 27-315 is used
|
|
Manufactured/mobile home park
|
40%*
|
50%*
|
§ 27-402 shall apply
|
|
Other allowed use
|
25%
|
40%
|
20,000 square feet
|
|
NOTES:
| |
|---|---|
|
*
|
This requirement may be met based upon the total lot area of
a development after completion. A condominium form of ownership is
specifically allowed.
|
|
Minimum Lot Width at Minimum Building Setback Line
(feet)
|
Maximum Building Height*
(feet)
|
Minimum Yards: Front/Each Side/Rear
(feet)
| |
|---|---|---|---|
|
Raising of livestock or poultry (see also § 27-402, which may establish stricter requirements for certain types of uses)
|
300
|
35
|
150/100/150
|
|
Single-family detached dwelling
|
80
|
35
|
25/15/20
|
|
Twin dwelling
|
60
|
35
|
25/10/20
|
|
Townhouse
|
20**
|
35
|
25/10 ends/20
|
|
Apartments
|
100
|
35
|
25/20/40
|
|
Manufactured/mobile home park
|
100
|
35
|
§ 27-402 shall apply
|
|
Other allowed use
|
135
|
35*
|
50/20/50
|
|
NOTES:
| |
|
*
|
Or three stories, whichever is more restrictive, except a maximum height of six stories shall apply for apartments that meet the age restriction provisions of § 27-315 or nursing homes or personal care centers. See exceptions in Part 8, including for agricultural buildings.
|
|
**
|
Except if two or more side-by-side off-street parking spaces
are located in the front yard of a townhouse or if garage door(s)
for two or more vehicles face onto the street in the front of the
townhouse, then the minimum building width per dwelling along such
street shall be a minimum of 24 feet. A maximum of 50% of the land
area between the front of each townhouse and the right-of-way line
shall be used for vehicle parking and driveways.
|
|
***
|
These provisions are intended to allow flexibility in the placement
of individual dwelling units, regardless of whether the homes are
condominium or fee-simple, and regardless of whether public streets,
private streets, or parking courts are used.
|
|
- The minimum average lot area per dwelling unit establishes
the maximum number of units permitted on a tract of land.
| |
|
- The minimum average lot area per dwelling unit shall be calculated
after deleting existing street right-of-way of existing streets and
alleys, but shall include: right-of-way of proposed streets and alleys
and areas of parking courts, common open space, and stormwater detention
basins.
| |
|
- See also the applicable standards in § 27-402, which may require common open space.
| |
G.
NC Neighborhood Commercial District.
|
Allowed Uses
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width at Minimum Building Setback Line
(feet)
|
Minimum Yards: Front/Each Side/Rear
(feet)
|
Maximum Building/ Impervious Coverage
|
|---|---|---|---|---|
|
Allowed residential use (The regulation of the R-5 District
shall apply instead of the regulations of the NC district)
| ||||
|
Other Allowed Use
|
35,000
|
130
|
25/20*/25*
|
30%/60%
|
|
NOTES:
| |
|---|---|
|
*
|
Except a fifty-foot minimum building setback shall apply for
a nonresidential principal building to the lot line of a residential
or undeveloped lot in a residential district.
|
|
Maximum building height: a maximum of 2 1/2 stories or
a maximum height of 35 feet, whichever is more restrictive.
| |
H.
I-1 Light Industrial, I-2 General Industrial and EX-1 Extractive
Industrial Districts.
|
Use Type
|
Maximum Building Coverage Per Lot
|
Maximum Impervious Coverage Per Lot
|
Minimum Lot Area
|
|---|---|---|---|
|
Allowed industrial use
|
40%
|
70%
|
80,000 square feet
|
|
Other allowed use
|
40%
|
70%
|
43,560 square feet
|
|
Use Type
|
Minimum Lot Width at Minimum Building Setback
|
Maximum Building Height
(feet)
|
Minimum Yards Front/Each Side/Rear
(feet)
|
|---|---|---|---|
|
Allowed industrial use
|
250
|
50*
|
50/25**/25**
|
|
Other allowed use
|
200
|
50*
|
50/25/25**
|
|
NOTES:
| |
|---|---|
|
*
|
Except for commercial communications towers, which shall meet § 27-402.
|
|
**
|
Except a fifty-foot minimum building setback shall apply for
a nonresidential principal building to the lot line of a residentially
zoned lot occupied by a dwelling or that is vacant. This 50 feet minimum
setback shall also be increased to 100 feet for an industrial use,
and a berm shall be provided between the industrial use and the residentially
zoned lot. Such berm shall be landscaped and shall have a minimum
height of five feet and a maximum 3:1 slope on the residential side.
The business side of the berm may utilize retaining walls.
|
(1)
Additional Requirements for the I-1 Light Industrial, I-2 General
Industrial and EX-1 Extractive Industrial Districts.
(a)
A written narrative shall be submitted that describes any industrial
processes or hazards that may result from the proposed development,
and explains safeguards that will be used to minimize hazards and
nuisances.
(b)
All manufacturing operations, other than extractive activities,
shall be conducted within an enclosed building.
(c)
Business storage areas shall not intrude into a required buffer
yard.
(d)
The applicant shall show that vehicle access has been designed
to minimize conflicts with any adjacent residential neighborhoods.
(e)
The operator of a manufacturing use shall cooperate with local
emergency providers to provide information needed to plan for potential
emergency responses. This shall include contact information and compliance
with state notification requirements regarding hazardous materials.
2.
Condominiums. Uses may be developed in condominium ownership without
each dwelling required to be on its fee simple lot; provided:
A.
The applicant complies with the State Uniform Condominium Act, 68
Pa.C.S.A. § 3101 et seq., and/or Planned Communities Act,
68 Pa.C.S.A. § 5101 et seq., as applicable.
B.
The applicant proves to the Township that the site layout of the
dwellings would have been able to meet all of the dimensional requirements
if a condominium arrangement had not been used. For example, for single-family
detached dwellings, the applicant is required to show that each dwelling
could have been placed as proposed and still meet the minimum lot
area, minimum yards and all other requirements.
3.
Accessory Structures and Uses.
A.
Accessory structures and uses shall meet the minimum yard setbacks provided for in Subsection 3A, unless otherwise provided for in this chapter, including this subsection.
B.
The minimum side and rear yard setback apply for a permitted detached
structure that is accessory to a dwelling shall be 10 feet, except
in the following cases:
(1)
The minimum rear setback shall be reduced to three feet for
a residential accessory storage shed having a total floor area of
less than 150 square feet.
(2)
A side yard setback is not required for a structure from a lot
line along which two dwellings are attached (such as a lot line shared
by twin dwellings). However, such structure shall still meet the minimum
side yard on a lot line where the dwellings are not attached.
(3)
A residential porch or deck that is unenclosed may extend a
maximum of 15 feet into the required rear setback. Such porch or deck
may be covered by a roof or awning. Space under an unenclosed porch
may be used for household storage. An unenclosed front porch, stoop
or steeps may intrude up to 10 feet into the front yard setback.
C.
No accessory building and no swimming pool shall be allowed in the
minimum front yard.
[Ord. 125, 7/18/2007, § 308]
1.
Lot Area. Wetlands (as officially defined under federal and/or state
regulations) shall not count towards more than 50% of the required
minimum lot area of any lot. The Township may require an applicant
to prove that a lot will contain sufficient contiguous buildable land
area that is outside of wetlands. The land area within the average
water level of a natural lake or pond shall not count towards the
required minimum lot area of a lot. This subsection shall only apply
to a lot within a subdivision or land development submitted for approval
after the adoption of this chapter.
2.
Wetland Studies. It shall be the responsibility of each applicant
to determine whether land areas proposed for alteration meet the federal
or state definition of a wetland prior to submittal of development
plans to the Township. If the Zoning Officer has reason to believe
that wetlands may be present on a site proposed for development or
subdivision, the Zoning Officer may require that the applicant provide
a suitable wetland delineation study prepared by a qualified professional.
3.
Wetland Setbacks. A minimum setback of 20 feet shall be required
between any new principal building for which a building permit is
issued after the effective date of this chapter and any "wetland."
[Ord. 125, 7/18/2007, § 309]
1.
Central Water Service. If central water service will be provided
by a system that is not "public water service," then the applicant
shall prove to the satisfaction of the Township that:
A.
There will be an appropriate system in place to guarantee and properly
fund the long-term operation and maintenance of the system by a qualified
professional operator.
B.
Based upon review of the Township Engineer, that the system will
include adequate supply, transmission capacity and pressure to serve
the development.
2.
Central Sewage Service. If central sewage service will be provided
by a system that is not "public sewage service," then the applicant
shall prove to the satisfaction of the Township that:
A.
There will be an appropriate system in place to guarantee and properly
fund the long-term operation and maintenance of the system by a qualified
professional operator.
B.
Based upon review of the Township Engineer, that the system will
include adequate treatment capacity and conveyance capacity to serve
the development.
3.
Connection to a Larger System. Any nonpublic central water or central
sewage system developed after the adoption of this chapter shall be
engineered and constructed in such a manner as to allow its efficient
interconnection in the future into a larger regional system. Such
a system shall include appropriate utility easements and/or rights-of-way
within property controlled by the developer extending to the borders
of the development to allow future interconnections at logical points.
4.
Expansion of Septic Use. If the Zoning Officer has reason to believe
that a proposed increase in the number of dwelling units or expansion
or change of a nonresidential use would result in increased flow to
a septic system, then the application shall be referred to the Sewage
Enforcement Officer. The Sewage Enforcement Officer shall require
modification, expansion or replacement of the septic system if necessary
to handle the proposed flow.
[Ord. 125, 7/18/2007, § 310; as amended by Ord.
137, 4/15/2009, § 4]
1.
Purpose. The purpose of this Part is to provide for the reasonable
use of steep slopes while ensuring development will not induce soil
erosion, require excessive grading, increase slope instability, or
create sewage disposal problems and shall be in conformance with the
following objectives:
A.
Guard against property damage and personal injury, and minimize the
potential for erosion, slope failure, stream siltation, increased
runoff, flooding and contamination of surface waters caused by the
adverse effects of site preparation and construction on steep slopes.
B.
Conserve existing woodlands for air and water quality benefits.
C.
Permit land uses by right that are compatible with protection of
steep slope areas, and encourage the use of steep slope areas for
open space and conservation uses.
D.
Require development to avoid steep slope areas wherever possible,
and require all land use, clearing, grading, and construction to satisfy
development standards.
E.
Regulate expansion of land use or development that existed on steep
slope areas prior to enactment of these requirements.
F.
Protect adjoining properties from harmful consequences of development
permitted under these requirements.
2.
Identification and Establishment of Steep Slope Areas.
A.
Steep slopes are defined as areas having slopes of 15% or greater
as delineated on the Natural Features Map of Upper Nazareth Township.
B.
The boundaries shown on the Map may be supplemented or modified by
examination of one or more of the following sources by the Township
whenever a subdivision or land development plan is submitted for review:
C.
Steep slopes shall be further divided into the following two categories:
(1)
Slopes of 15% but less than 25%. Slopes of 15% or greater slope
(e.g., sloping 15 feet or more vertical per 100 feet horizontal) when
there are five adjacent contour intervals of two feet each such that,
in aggregate, they delineate a slope of at least 15%.
(2)
Slopes of 25% or More. Slopes of 25% or greater slope (e.g.,
sloping 25 feet or more vertical per 100 feet horizontal) when there
are five adjacent contour intervals of two feet each such that, in
aggregate, they delineate a slope of at least 25%.
D.
The Township Engineer shall decide whether or not the steep slope
areas have been shown with sufficient accuracy on the applicant's
plans. Based on the Township Engineer's advice, the Township
may require applicants to revise the boundaries shown on the plans.
E.
The burden of proving the correct boundary shall be on the applicant,
supported by engineering and/or surveying data or mapping, testimony
of a soil scientist, or other acceptable evidence.
3.
General Provisions.
A.
For any lot or portion thereof lying within a steep slope area, the
regulations of this section shall take precedence over the regulations
of the underlying district.
B.
These regulations apply to all lots where the proposed earth disturbing
activity within steep slope areas is greater than 1,000 square feet.
C.
All uses, activities and development occurring within any steep slope
area shall be undertaken only in strict compliance with the provisions
of this Part, with all federal and state laws, and with all other
applicable Township codes and ordinances.
D.
No building lot shall be created unless it contains at least one
acre of area with slopes less than 25%. If it is infeasible to provide
this area in accordance with the setbacks required by the underlying
district, the lot area shall be increased as necessary to provide
a minimum area equal to one acre of area with slopes less than 25%.
E.
Finished slopes of all cuts and fills shall not exceed 33%, unless
stabilized by retaining walls or cribbing.
F.
The maximum height of a retaining wall shall be in accordance with
current Building Code standards. All retaining walls require a certification
by a professional engineer that the wall was constructed in accordance
with approved plans and applicable building codes.
G.
Any disturbance of steep slopes shall be completed within one construction
season, and disturbed areas shall not be left bare and exposed during
the winter and spring thaw periods. Permanent vegetative cover shall
be planted within three days after completion of grading.
I.
The alignment of roads and driveways shall follow the natural topography,
minimize regarding and comply with design standards for maximum grades
set forth in the Township Subdivision and Land Development Ordinance
[Chapter 22].
J.
The degree of steep slope protection sought by the provisions of
this Part is considered reasonable for regulatory purposes. This Part
does not imply that lands outside the steep slope areas or permitted
uses within the zoning district will be free from erosion or slope
instability. This Part shall not create liability on the part of the
Township or any officer or employee thereof for any damages that result
from reliance on this Part or any administrative decision lawfully
made hereunder.
4.
Permitted Uses and Development on Slopes of 15% but less than 25%.
A.
Open space and conservation uses are permitted by right on steep
slopes, provided that they shall not include any structures, roads,
driveways, parking areas, construction, or other development, or grading,
or clearing of vegetation.
(1)
Wildlife sanctuary, woodland preserve, arboretum, and passive
park and recreation areas.
(2)
Pasture and grazing land in accordance with recognized natural
resource and soil conservation practices.
(3)
Outdoor plant nursery or orchard in accordance with recognized
natural resource and soil conservation practices.
(4)
Cultivation and harvesting of crops in accordance with recognized
natural resource and soil conservation practices.
(6)
Nonstructural accessory uses necessary to the operation and
maintenance of the above permitted uses.
5.
Prohibited Uses and Development on Slopes of 15% but less than 25%.
6.
Conditional Uses and Development of Slopes of 15% but less than 25%.
A.
The following uses and activities may be permitted by conditional
use provided that they are in compliance with the provisions of the
underlying district and are not prohibited by any other ordinance:
(1)
Structures, roads, driveways, parking areas, construction or
other development.
(2)
Clearing of vegetation or grading, including the addition of
fill.
(3)
Sealed public water supply wells with approval of the Pennsylvania
Department of Environmental Protection.
(4)
Sanitary or storm sewers and stormwater detention basins with
the approval of the Township Engineer and the Department of Environmental
Protection.
(5)
On-lot sewage disposal systems, when approved by the Township
Sewage Enforcement Officer and/or the Pennsylvania Department of Environmental
Protection.
(6)
Utility transmission lines and above ground utility line structures
unless upon petition of a public utility corporation, the Pennsylvania
Public Utility Commission shall, after a public hearing, decide that
the present or proposed situation of the lines or structures in question
is reasonably necessary for the convenience or welfare of the public.
(7)
Extractive uses in accordance with recognized conservation practices
and regulations of the State Department of Environmental Protection.
(8)
Forestry and reforestation in accordance with recognized natural
resource and soil conservation practices, and as permitted by municipal
and state regulations.
B.
Applications for conditional uses shall provide the following information
and documentation:
(1)
A plan by a registered professional engineer or surveyor which
accurately locates the proposed use with respect to the Steep Slope
Overlay District boundaries, with all pertinent information describing
the proposal, and a topographical survey with contour elevations at
no greater than two-foot intervals, based on USGS established benchmark
datum.
(2)
A plan or proposed development or use of the site, confirming
to the preliminary plan requirements of the Subdivision and Land Development
Ordinance [Chapter 22], with contours shown on two-foot intervals
throughout, the steep slope areas proposed for development or use.
Contours shall be accurately drawn from on-site survey or aerial photographic
sources.
(3)
Proposed modifications to the existing topography and vegetative
cover, as well as the means of accommodating stormwater runoff.
(4)
Detailed design for all proposed site improvements including
streets, driveways, structures and stormwater management facilities.
(5)
Specifications for building construction and materials, including
filling, grading, storage of materials, and water supply and sewerage
facilities.
(6)
Documentation of any additional engineering and/or conservation
techniques designed to alleviate environmental problems that may be
created by the proposed activities, in compliance with Township sedimentation
and erosion control regulations.
(7)
Written confirmation from (specific name of local fire department)
that emergency access is satisfactory to provide adequate fire protection.
7.
Permitted Uses and Development on Slopes of 25% or More.
A.
Open space and conservation uses are permitted by right on slopes
of 25% or more, provided that they shall not include any structures,
roads, driveways, parking areas, construction, or other development,
or grading, or clearing of vegetation.
(1)
Wildlife sanctuary, woodland preserve, arboretum, and passive
park and recreation areas.
(2)
Pasture and grazing land in accordance with recognized natural
resource and soil conservation practices, and as permitted by Township
and state regulations.
(3)
Outdoor plant nursery or orchard in accordance with recognized
natural resource and soil conservation practices.
(4)
Cultivation and harvesting of crops in accordance with recognized
natural resource and soil conservation practices.
8.
Prohibited Uses on Slopes of 25% or More.
A.
The following uses are specifically prohibited on slopes of 25% or
more:
(1)
Removal of topsoil.
(2)
Solid waste disposal, recycling uses, junkyards, or other outdoor
storage uses.
(3)
Structures, roads, driveways, parking areas, construction or
other development.
(4)
Clearing of vegetation or grading, including the addition of
fill.
(5)
Sealed public water supply wells.
(6)
Sanitary or storm sewers and stormwater detention basins.
(7)
On-lot swage disposal systems.
(8)
Utility transmission lines and above ground utility line structures.
(9)
Extractive uses.
9.
Conditional Use Standards and Criteria.
A.
In considering a conditional use application, the Board of Supervisors
shall consider the following:
(1)
Relationship of the proposed use to the objectives set forth
in this section.
(2)
Adverse effects on abutting properties.
(3)
The need for a woodland management plan on wooded steep slope
areas.
(4)
Proposed roads, driveways and parking areas are designed so
that land clearing and/or grading will not cause accelerated erosion.
Both vertical and horizontal alignment for such facilities shall be
so designed that hazardous conditions are not created.
(5)
Alternative placements on non-steep slope areas were carefully
evaluated for structures, including buildings, retaining walls, swimming
pools, roads, access driveways, parking facilities and other development,
and can be shown to be inappropriate or infeasible to the satisfaction
of the Township.
(6)
Proposed on-lot sewage disposal facilities are properly designed
and constructed in conformity with applicable regulations.
(7)
Proposed nonagricultural displacement of soil is for purposes
consistent with the intent of this Part and will be executed in a
manner that will not cause erosion or other unstable conditions. The
applicant shall provide an erosion and sediment control plan and supporting
evidence.
(8)
Surface runoff of water will not create unstable conditions,
including erosion, and appropriate stormwater management facilities
will be constructed as necessary.
10.
DIAMETER AT BREAST HEIGHT (DBH)
DISTURBANCE
DRIP LINE
FILL
FORESTRY
LAND DISTURBING ACTIVITY
OPEN SPACE
SLOPES OF 15% BUT LESS THAN 25%
SLOPES OF 25% OR MORE
WOODLAND
Definitions.
The diameter of a tree trunk measured at a point four feet
above ground level.
Any physical activity which results in the modification of
topography by cutting or filling, stripping of topsoil, and/or placing
of physical structures or improvements thereon.
An imaginary circular line on the soil around a tree that
mirrors the circumference of the tree's canopy. The tree's
roots usually extend well beyond this line.
Any clean soil or rock materials (sand or clay) used to raise
the ground elevation.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
Any change of the land surface including removing vegetative
cover, excavating, filling, grading, and the construction of any structure.
An agricultural activity such as the planting, growing, cultivating
and harvesting of crops is exempt from this definition.
An area of land or water, or a combination of land and water
on a parcel of land that is free of improvement and impervious surfaces.
Slopes of 15% but less than 25% (e.g., sloping 15 feet or
more vertical per 100 feet horizontal) when there are five adjacent
contour intervals of two feet each such that, in aggregate, they delineate
a slope of at least 15% but less than 25%.
Slopes of 25% or greater slope (e.g., sloping 25 feet or
more vertical per 100 feet horizontal) when there are five adjacent
contour intervals of two feet each such that, in aggregate, they delineate
a slope of at least 25%.
A plant community where tree species are dominant or co-dominant
and the branches of the trees form a complete or nearly complete aerial
canopy. Any area, grove or stand of mature or largely mature trees
(larger than six inches DBH) covering an area of 1/4 acre or more,
or consisting of 10 individual trees larger than six inches DBH, shall
be considered a woodland. The extent of any woodland shall be measured
from the outermost drip line of all the trees in the community.
[Ord. 125, 7/18/2007, § 311]
1.
Purposes. To allow reasonable amounts of flexibility in site planning
of residential development to: (A) protect environmentally sensitive
areas and avoid severe soil erosion and sedimentation, (B) avoid severely
increased stormwater flows and speeds, (C) preserve areas of prime
farmland, (D) provide additional recreation land, (E) direct development
to those areas that are more physically suited for it, (F) conserve
forested areas that are an important part of the ecological cycle,
providing for groundwater recharge, air pollution reduction and wildlife
habitats, (G) reduce construction costs and municipal maintenance
costs, (H) provide for transitional forms of development between residential
and agricultural or industrial areas or highways, with open space
serving as a buffer, and (I) allow each property owner a reasonable
use of their land, related directly to the features and location and
accessibility of the land. This option will encourage the establishment
of significant areas of preserved open space.
2.
Applicability. This section allows an applicant the option to reduce
the minimum lot areas on tracts of land if the applicant proves compliance
with all of the requirements of this section to the satisfaction of
the Township.
A.
An "open space development" is a residential development that meets the requirements of this section and is granted approval by the Township as an open space development. An open space development shall only be allowed in zoning districts where the use is listed as allowed in Part 3.
B.
Uses. An open space development shall only include the following
uses: dwelling types listed as allowed in that district by this subsection,
nature preserves, Township-owned recreation, recreation uses that
the Township approves to be within the common open space, crop farming,
raising and keeping of horses, golf courses, customary keeping of
livestock as accessory to crop farming, utilities necessary to serve
the development, and customary permitted accessory uses. A mobile/manufactured
home park shall not qualify as an open space development. The Township
may also approve other types of livestock and poultry operations on
a principal agricultural lot.
C.
A tract shall be eligible for approval for an open space development
if it includes a minimum of four acres of lot area in common ownership.
Such land area shall be contiguous, except that portions of the tract
may be separated only by existing or proposed streets or creeks.
(1)
The amount of common open space shall be based upon the total
lot area of all lots within the development, prior to subdivision,
and prior to deletion of rights-of-way of future streets and before
deleting the area of any environmental features. Land area of future/ultimate
rights-of-way along existing streets may be deleted from the total
lot area before calculating the required amount of common open space.
(a)
Areas that were preserved by a conservation or agricultural
preservation easement or deed restriction prior to the submittal of
the subdivision plan shall not be counted towards the area of the
tract in calculating common open space or allowed density.
(2)
Areas used for a principal nonresidential use (other than uses
approved by the Township to be part of the common open space, such
as a golf course or an agricultural use) shall not be included within
the land area used to calculate residential density.
(3)
Conservation easements or deed restrictions shall be established
on lots as necessary to ensure that the maximum density requirement
is met over time. Such conservation easements shall prevent the re-subdivision
of lots in a manner that would violate this section.
D.
An open space development shall be designed as a unified, coordinated
residential development, and shall be approved with a single development
plan proposed by a single development entity. After final subdivision
approval and within an approved development agreement(s) and phasing
plan, portions of the development may be transferred to different
entities, provided that there is compliance with the approved development
plan and this section.
E.
Procedures.
(1)
Applicants are strongly encouraged to first submit a layout
plan for review by the Township for zoning compliance, before completing
detailed fully-engineered preliminary subdivision plans. This two-step
process will allow the Township and the applicant to mutually agree
upon the common open space and development layout before large sums
of money are spent by the applicant on detailed engineering.
(2)
Detailed stormwater, grading, utility, profile and erosion control
plans shall not be required at the zoning compliance review stage
if such matters will be submitted as part of the subdivision or land
development approval process.
F.
All provisions of this chapter and the applicable zoning district
shall apply, except for provisions that are specifically modified
by this section. For example, lots in an open space development shall
comply with any requirements of this chapter to delete certain natural
features from lot area of individual lots. The following dimensional
requirements shall apply, provided that the total maximum density
for the tract is not exceeded:
(1)
AC District.
(a)
Minimum lot area: one acre.
(b)
If the lot includes more than 10 acres prior to subdivision,
then a maximum lot area of two acres shall apply to all of the lots
except one lot, in order to minimize the land consumed by each residential
lot. This maximum lot area shall not apply in any of the following
situations:
1)
For a lot that includes an easement that permanently prevents
its use for a dwelling.
2)
For a new lot that includes more than 10 acres of lot area.
3)
For a lot if the applicant can demonstrate by credible evidence
that the area proposed for the lot does not include more than two
acres of Class I, II and/or III soils, as identified in official federal
soils mapping or a more accurate professional study.
4)
For a lot where additional lot area is needed to improve septic
or water supply facilities for the lot, in the determination of the
Sewage Enforcement Officer.
(c)
The largest amount of Class I, II and III agricultural soils
that is feasible shall be included on one principal agricultural lot.
(d)
A minimum of 50% of the total lot area of the tract prior to
subdivision shall be preserved as common open space.
(2)
R-2 District. The minimum lot area shall be one acre, except it shall be reduced to 15,000 square feet if both central water and central sewage services are provided. The other dimensional requirements are provided in § 27-307, Subsection 1. A minimum of 50% of the total lot area of the tract (prior to subdivision) shall be preserved as common open space.
(a)
A option allowing twin dwellings and/or townhouses shall also
be provided if both central water and central sewage services are
provided. In such case, the maximum density shall be an average of
1.6 dwelling units per acre across the entire tract, and a minimum
of 75% of the entire tract shall be preserved as common open space.
The individual dwellings shall meet the other dimensional requirements
that apply to such dwellings in the R-4 District.
(3)
R-3 District. The minimum lot area shall be one acre, except it shall be reduced to 9,000 square feet and a 70 feet lot width if both central water and central sewage services are provided. The other dimensional requirements are provided in § 27-307, Subsection 1. A minimum of 30% of the total lot area of the tract (prior to subdivision) shall be preserved as common open space.
(a)
An option allowing twin dwellings and/or townhouses shall also
be provided if both central water and central sewage services are
provided. In such case, the maximum density shall be an average of
3.5 dwelling units per acre across the entire tract, and a minimum
of 65% of the entire tract shall be preserved as common open space.
The individual dwellings shall meet the dimensional requirements that
apply to such dwellings in the R-4 District.
G.
Utilities. Any lot with a lot area of less than one acre per dwelling
unit shall be served by Township-approved centralized sewer service
and a Township-approved centralized water system. If the water or
sewage systems are not publicly owned, the applicant shall provide
evidence that there will be adequate safeguards to ensure proper long-term
operation, maintenance and financing.
H.
Subdivision of Part of a Tract. This subsection addresses a situation
in which only part of a lot is proposed to be subdivided, and the
applicant at the present time does not intend to subdivide for the
maximum number of dwellings allowed by this section. In such case,
the applicant shall establish a permanent conservation easement covering
common open space to comply with this section. Because only part of
the tract is being subdivided, it may not be necessary to meet the
common open space requirement based upon the area of the entire tract.
(1)
The land under the conservation easement shall be a logical
shape that is subject to approval by the Township and shall be located
where it could adjoin land that would be added as common open space
in the future if the total allowed number of dwellings would be developed.
I.
A minimum of 50% of the required common open space shall be in one
contiguous lot, except that the common open space may be separated
by creeks, water bodies, and a maximum of one street.
(1)
As part of an optional conditional use approval, the Board of
Supervisors may approve the following, if the applicant proves to
the satisfaction of the Board of Supervisors that such configuration
would serve the purposes of this section and be in the best interests
of the Township, considering the unique circumstances of the tract:
(2)
An accessway limited to emergency vehicles may also cross the
common open space.
J.
The Board of Supervisors may require that the majority of the required
common open space be placed:
(1)
Adjacent to an existing or planned public or homeowner association-owned
recreation area.
(2)
On a lot that can be efficiently farmed.
(3)
Adjacent to existing farmland.
(4)
At the edge of a neighboring undeveloped lot, where the common
open space could be connected in the future to open space on that
neighboring lot.
(5)
Adjacent to an arterial street or expressway where the open
space will serve to buffer homes from the traffic.
3.
Conditions for Approval. An open space development shall only be
approved if the applicant proves to the satisfaction of the Township
that the following additional conditions shall be met:
A.
The open space development would clearly serve a valid public purpose
that would result in a development that would be superior to what
would result if the land would be developed as a conventional development.
Such valid public purposes include, but are not limited to, the following:
(1)
The permanent preservation of dense forests, steep slopes, wetlands,
creek valleys, important wildlife corridors/habitats, highly scenic
areas or other sensitive natural features.
(2)
The permanent preservation of a substantial area of land in
agricultural uses, in a tract of proper size and configuration that
allows for efficient agricultural use and that properly considers
the issue of compatibility between the agricultural uses and homes.
In such case, new dwellings shall be concentrated adjacent to existing
dwellings and residential zoning districts.
(3)
The dedication of recreation land at a site deemed appropriate
by the Board of Supervisors and that involves land that is clearly
suitable for active and/or passive recreation.
(4)
The provision of common open space in a location that will allow
homes to be buffered from highly-noxious, nuisance-generating uses,
such as a heavily traveled street or industrial uses. In such case,
intensive landscaping and/or planting for eventual re-forestation
shall be provided.
B.
The applicant shall prove that the proposed open space development
has been designed in full consideration of important natural features,
including mature woodlands, creek valleys, steep slopes and wetlands.
(1)
At a minimum, the applicant shall prove that areas along perennial
creeks shall be preserved in their natural state, except for landscaping,
erosion control improvements, public recreation improvements and needed
utility, street and driveway crossings. Low-maintenance landscaping
is encouraged along creeks and other areas where maintenance would
otherwise be difficult.
(2)
The natural features of the site shall be a major factor in
determining the siting of dwelling units and streets.
C.
The Township may require the use of conservation easements within
a open space development to limit the disturbance of natural slopes
over 15%, wetlands, mature forests, creek valleys and other important
natural features.
4.
Common Open Space.
A.
Common Open Space. The minimum amount of "common open space" shall be provided, which shall meet the requirements of this chapter and the definition in § 27-201 of "open space, common."
(1)
The common open space requirements of this section shall be
in addition to the recreation land or fee-in-lieu of land requirements
of the Township Subdivision and Land Development Ordinance (SALDO)
[Chapter 22], unless the applicant proves to the satisfaction of the
Board of Supervisors that the proposed common open space would include
suitably improved land that will meet the intent of the recreation
land requirements of the SALDO [Chapter 22].
B.
Open Space Standards. Required common open spaces shall meet all
of the following requirements:
(1)
Common open space shall be permanently deed-restricted or protected
by an appropriate conservation easement to prevent the construction
of buildings or the use for any nonagricultural commercial purposes.
Logging shall meet Township requirements and removal of healthy mature
trees shall be limited to selective cutting following a Township-approved
forest management plan that follows best management practices. Land
approved as required common open space shall only be used for noncommercial
active or passive recreation, a noncommercial community center for
meetings and recreation, a Christmas tree farm, a nature preserve,
a horse farm, a wholesale plant nursery, crop farming and/or another
Township-approved agricultural use.
(2)
Improvements to Open Spaces. Where common open space is proposed
to be used for recreation and/or dedicated to the Township, the application
shall include a detailed and legally binding (if approved) description
of what improvements the applicant will make to any land to make it
suitable for its intended purpose.
(a)
Examples of such improvements include preservation and planting
of trees, development of trails, stabilization of creek banks, removal
of undesirable vegetation, and grading of land for recreation (such
as an informal open play field for youth).
(b)
Type of Maintenance. The final subdivision plan shall state
the intended type of maintenance of the open space, such as lawn areas
that are regularly mowed, or natural areas for passive recreation
that are intended for minimal maintenance.
(3)
All proposed common open space shall be cleared of construction
debris, materials from illegal dumping and any rocks that were not
naturally on the land, unless those rocks are incorporated into landscaping
improvements.
(4)
The applicant shall prove that all required common open space
would be suitable for its intended and Township-approved purposes.
The Township may require the provision of a trail easement and/or
the construction of a recreation trail through common open space.
If a developer installs a trail, it shall be completed prior to the
final sale of any adjacent residential lots.
(5)
Lots and common open spaces shall be located to promote pedestrian
and visual access to common open spaces whenever possible.
(6)
Sufficient access points from each common open space shall be
provided to streets for pedestrian access and maintenance access.
The Board of Supervisors may require that maintenance and/or pedestrian
access points be paved and be up to eight feet in width, meeting Township
standards for a bike path. Maintenance access points shall be of a
slope that is suitable for access by vehicles and equipment.
C.
Open Space Ownership. The method(s) to be used to own, preserve and
maintain any common open space shall be acceptable to the Township.
The Township shall only approve a open space development if the applicant
proves there will be an acceptable method to ensure permanent ownership,
preservation and maintenance of land that will not be included in
individual home lots.
(1)
The method of ownership and use of any required common open
space shall be determined prior to preliminary subdivision or land
development approval. The Township should be given right of first
refusal at the time of such review to accept proposed open space as
public open space. The Township shall only accept ownership of open
space if the Board of Supervisors has agreed in writing in advance
to accept such ownership. If the common open space will not be owned
by the Township, then the common open space shall be permanently preserved
by one or a combination of the following methods that are found to
be acceptable to the Board of Supervisors:
(a)
Dedication to the county as public open space, if the County
Commissioners agree in writing to such dedication.
(b)
Dedication to the School District if such Board of Education
agrees in writing to accept such dedication and to use and maintain
the land for school recreation, public recreation, environmental education
and/or related open space.
(c)
Dedication to a homeowners' association as common open
space, with the homeowners legally bound to pay fees for the maintenance
and other expenses of owning such land, and with such homeowners'
association being incorporated with covenants and bylaws providing
for the filing of assessments and/or municipal liens for the nonpayment
of maintenance costs for common open space that is not publicly owned.
1)
Such responsibilities shall be specified as part of each deed
prior to sale of each lot or dwelling unit. The Township may delay
a dedication of maintenance responsibilities by a developer to a homeowners'
association until such association is incorporated and able to maintain
such land.
(d)
Dedication of the land to an established nature conservation
organization acceptable to the Board of Supervisors for maintenance
as a nature preserve or passive recreation area.
(e)
Dedication of a permanent conservation easement that results
in the land being used for a Township-approved agricultural use, such
as crop farming, a tree farm, or a horse farm, and which may include
one of the allowed dwelling units on the lot.
(f)
Dedication to the State Game Commission, State Fish and Boat
Commission or similar public agency, if such agency agrees in writing
in advance to accept the dedication and to maintain the land for public
recreation.
(g)
Preservation of the common open space as part of one privately-owned
lot that is restricted against subdivision by a conservation easement,
if the applicant proves that none of the other alternatives are feasible.
In such case, the common open space shall be in addition to the land
area that would needed to meet the requirements for any dwelling on
the lot. The conservation easement shall control alteration of natural
features on the lot and shall limit nonresidential use/nonagricultural
use of the lot.
(2)
Legal documents providing for ownership and/or maintenance of
required common open space shall be reviewed by the Township Solicitor
and be subject to approval by the Board of Supervisors prior to recording
of the final plan.
(3)
A legally binding system shall be established to oversee and
maintain land that will not be publicly-owned. The applicant shall
prove compliance with state law governing homeowner associations.
Proper notations shall be required on the recorded plan. For example,
if the common open space is intended to be owned by a homeowner association
as recreation land, a statement should be included that the designated
open space "shall not be further subdivided and shall not be used
for the construction of any non-recreation buildings.
D.
Changes in Open Space Uses. If the required common open space is
proposed to be used for purposes that were not authorized in the Township
approval, then a revised approval shall be required for the changed
use.
5.
Phasing. The development shall include a phasing system that shall
be approved by the Board of Supervisors. Such phases shall ensure
that the requirements of this Part will be met after the completion
of any one phase, and that the development could properly function
without the construction of additional phases.
6.
Landscaping Plan. An application for a open space development involving
over 10 acres shall include a landscape planting and preservation
plan prepared by a registered landscape architect.
A.
Such plan shall show the locations, general species and initial sizes
of landscaping to be planted within the common open space and throughout
the tract.
B.
Such plan shall also show that existing substantial healthy trees
will be preserved to the maximum extent reasonable. The methods to
ensure preservation during construction shall be described.
C.
Landscaping shall also be used as appropriate to filter views of
denser housing from any adjacent housing that is less dense.
[Ord. 125, 7/18/2007, § 312]
1.
Setbacks. No new building (except an accessory storage shed with
a floor area of 150 square feet or less), new or expanded vehicle
parking, or business outdoor storage shall be located within 75 feet
from the center of a perennial creek. A perennial creek shall be defined
as a waterway shown as a perennial creek on the U.S. Geological Survey
quadrangle maps.
2.
Standards. To the maximum extent feasible:
A.
Any street or driveway crossing of a perennial creek shall be approximately
perpendicular to the creek.
B.
Existing healthy natural vegetation adjacent to a creek should be
preserved.
C.
Areas within the setback established by this section shall be preserved
in their natural state, except for: planting of trees and shrubs,
erosion control improvements, public recreation improvements and necessary
utility, street and driveway crossings. Low-maintenance landscaping
is encouraged along creeks and other areas where maintenance would
otherwise prove difficult.
3.
Vegetation. Where the majority of the existing trees and/or shrubs are removed from areas within the setback distance provided by Subsection 1 as part of, or in preparation to, a subdivision, land development or construction of a new building, then new trees and shrubs shall be planted and maintained that will have the same or better impact upon controlling erosion and filtering pollutants from runoff as the trees and/or shrubs that were removed.
A.
Publications of the Pennsylvania Department of Conservation and Natural
Resources (including "Stream ReLeaf") and/or other governmental agencies
or established environmental organizations shall be used as standards
for the planting of the buffer. These publications include recommended
species. If trees and plants do not survive, they shall be replaced
within 100 days afterwards by the current owner of the property.
[Ord. 125, 7/18/2007, § 313]
1.
Purposes. In addition to serving the overall purposes of this chapter,
this section is intended to:
2.
Applicability.
A.
The transfer of development rights shall only officially occur at
the time of final approval of a subdivision or land development plan
or a conditional use approval. The approval of a preliminary plan
shall be conditioned upon compliance with this section. As part of
a preliminary and final plan application, the applicant shall present
a draft conservation easement on the "sending property" and a written,
signed and notarized agreement by the owner of the "sending property"
acknowledging and agreeing to the application.
B.
The conservation easement shall be drafted so that it is binding
if the "receiving property" is granted final subdivision or land development
plan approval. The conservation easement shall be recorded at the
same time as, or prior to, the final plan for the receiving property.
(1)
If a final plan is recorded in phases, then the conservation
easement may be recorded in corresponding phases.
C.
The form of the conservation easement shall be acceptable to the
Board of Supervisors, based upon review by the Township Solicitor
and Planning Commission. The term "conservation easement" shall include,
but not be limited to, an agricultural conservation easement. In the
case of agricultural land, the standard language for an agricultural
conservation easement used by the County Agricultural Land Preservation
Board may be utilized.
D.
A sending property shall be within the AC, R-1 or R-2 Districts.
A sending property shall have a minimum lot area of 10 acres.
E.
A receiving property shall be within the R-2, R-3, R-4 or R-5 Districts.
F.
The owners of the sending and receiving properties shall voluntarily
commit to participate in the transfer of development rights. Once
such 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, unless the Township purchases
the development rights.
G.
Donations or Intermediaries. The right to develop a sending property
may be purchased by or donated to the Township, a Township Authority,
the county or an established incorporated nonprofit organization whose
mission includes preservation of agricultural land or natural features.
A permanent conservation easement shall be established on the sending
property at the time of such purchase or donation. In such case, the
right to develop such dwelling units may be held for a maximum of
10 years, before being used on a receiving property(ies).
3.
RECEIVING PROPERTY
SENDING PROPERTY
Definitions.
A lot(s) that is approved to permit a higher density than
would otherwise be permitted as a condition of the restriction of
development on sending property.
A lot(s) or portion of a lot that is restricted by a conservation
easement or farmland preservation easement as a condition of approval
of a higher density on the "receiving property" than would otherwise
be permitted.
4.
Determination of Density.
A.
Yield plans shall be presented by the applicant. One yield plan shall
be presented for the receiving property and one for the sending property.
Such yield plans shall be a level of detail typically found in a sketch
plan, including showing potential lots and roads, steep slopes, one-hundred-year
floodplains and suspected wetlands. Such yield plans shall estimate
the number of new dwelling units that could be lawfully constructed
on each property under Township regulations without any transfer of
development rights. Detailed septic perc tests are not required for
such sketches, but new septic systems shall not be assumed to be possible
in areas with severe soil and slope limitations.
B.
Such yield plans shall be reviewed by the Zoning Officer, with advice
by the Township Engineer, to determine whether each represents a reasonably
accurate estimate of the number of dwelling units possible on each
site, both physically and legally. If such estimates are determined
to not be accurate, the applicant shall be required by the Zoning
Officer to revise such yield plan until it is accurate.
C.
Based upon the yield plans, permission to develop the allowed number
of dwelling units may be transferred from the sending property to
the receiving property.
(1)
For each dwelling unit that would have otherwise been allowed
on the sending property, one additional dwelling unit may be approved
on the receiving property.
(2)
If one or more lots each include less than one acre of lot area
and are not served by Township-approved central sewage service, such
lots shall not be used to transfer density.
(3)
If, for example, the yield plan determines that 10 new dwelling
units would be allowed under current zoning on the sending property,
and the sending property will be preserved by a conservation easement,
then the right to develop 10 additional dwelling units shall be transferred
to the receiving property.
(4)
The development of the receiving property shall still comply
with all other requirements of this chapter, except for the maximum
density, which shall be regulated by this section.
D.
A partial transfer of the allowed dwelling units shall also be allowed,
depending upon the amount of land affected by the permanent conservation
easement.
(1)
For example, if under current zoning, five dwelling units would
be possible on the western portion of a lot and six dwelling units
on the eastern portion, the owner may choose to transfer the right
to develop five dwelling units by placing a permanent conservation
easement on the western portion. The owner would then still have the
right to develop the eastern portion under the zoning in effect at
the time of a future development application for that eastern portion.
(2)
If only a portion of a lot would be affected by the conservation
easement, the applicant shall prove that the conservation easement
would permanently preserve a contiguous area of rectangular (or similar
regular) shape that would relate to the number of dwelling units that
would otherwise be allowed on such portion of the lot.
(3)
Where a conservation easement would be established in phases
over time, each phase shall be contiguous with a previous conservation
easement, unless the applicant proves to the satisfaction of the Board
of Supervisors that there is a valid public purpose for the easement
to not be contiguous.
E.
The receiving property shall be permitted to include the increased
total number of dwelling units above the number that would otherwise
be permitted on the receiving property, as approved by the Township
based upon the yield plan.
F.
The development of the receiving property shall comply with all other
requirements of this chapter, except that the following requirements
shall be reduced, provided the maximum overall density for the TDR
is not exceeded:
(1)
For a receiving property within the R-2 District, for single-family
detached dwellings, a minimum lot area of 12,000 square feet and the
minimum lot width shall be 90 feet shall apply, provided both central
sewage and central water services are provided.
(2)
For a receiving property within the R-2 District, for twin or
townhouse dwellings, the minimum average lot area per dwelling unit
shall be reduced to 12,000 square feet. The twins or townhouses shall
otherwise meet the dimensional requirements that apply in the R-4
District.
(3)
For a receiving property within the R-3 District, for a single-family
detached dwelling, the minimum lot area shall be reduced to 9,000
square feet and the minimum lot width may be reduced to 70 feet.
(4)
For a receiving property within the R-3 District, for twin or
townhouse dwellings, the minimum average lot area per dwelling unit
shall be reduced to 9,000 square feet. The twins or townhouses shall
otherwise meet the dimensional requirements that apply in the R-4
District.
(5)
For a receiving property within the R-4 or R-5 Districts, for
a single-family detached dwelling, the minimum lot area shall be reduced
to 6,000 square feet and the minimum lot width may be reduced to 60
feet.
(6)
For a receiving property within the R-4 or R-5 Districts, for
twin or townhouse dwellings, the minimum average lot area per dwelling
unit shall be reduced to 6,000 square feet.
G.
Utilities. To receive a transfer of development rights, any lot that
includes less than one acre per dwelling unit on the receiving property
shall be served by Township-approved central sanitary sewerage service
and central water service.
H.
The transfer of development rights shall not be combined with reduced
lot sizes and other incentives concerning open space development or
traditional neighborhood development.
5.
Once a conservation easement is established under a transfer of development
rights, it shall be permanent, regardless of whether the receiving
property is developed. The approval to develop the receiving property
in a higher density shall be treated in the same manner as any other
final subdivision or land development approval. The Board of Supervisors
may extend time limits to complete the development of the receiving
property in response to a written request.
A.
If an approved development on the receiving property is not completed,
the Township may allow a new development application to be submitted
to use such transferred number of dwelling units on the same area
of land. In such case, the number of additional dwelling units that
are allowed shall be added to the number of dwelling units that would
be allowed under the Township ordinances in effect at the time of
the new development application.
6.
Site Planning Standards. The applicant shall prove that proper site
planning and architectural design will be used to minimize visual
impact of garages and garage doors as viewed from the front of the
lot. Townhouses shall not have garage doors for two or more motor
vehicles facing onto a street at the front of the dwelling. The placement
of garages along rear or side alleys or to the rear of the lot with
a side driveway is encouraged. No garage with doors facing onto the
street shall be located with a smaller setback from the front lot
line along a street than the living quarters of the dwelling.
A.
Garage doors shall not make up more than 50% of the front street
level of the facade of a dwelling. Driveways and off-street parking
spaces shall not make up more than 50% of the land area of the front
yard between the front of a dwelling and the street right-of-way.
B.
All streets and alleys shall have a right-of-way, whether public
or private. If an alley is built, it shall be maintained by a legally
binding property-owner association or other entity that is approved
by the Township.
C.
To the maximum extent feasible, vehicle parking, carports and garages
shall be placed to the rear or side of lots, preferably with rear
or side access. For example, the following alternative methods of
providing parking are permitted and encouraged:
(1)
A rear landscaped shared parking court or shared carport structure.
(2)
A garage placed towards the rear of the lot, with a side driveway
that is of minimal width within the front yard and then widens in
front of the garage.
(3)
A detached rear garage or rear individual parking pad or side-entry
garage accessed from a rear alley or side street.
(4)
Decks built to extend over garages or over driveways leading
to garages.
(5)
A landscaped shared parking court connected to a street, provided
that parked vehicles do not need to back out onto a through-street
and provided that all paving is set back a minimum of 20 feet from
any dwelling (other than a front porch).
D.
If driveways pass through the front of the lot (such as to reach
detached rear garages), then it is encouraged to place driveways of
adjacent dwellings immediately adjacent to each other. This would
allow the driveway on each lot to be more narrow than would otherwise
be possible. However, each property owner shall still be responsible
for their own half of the driveway, and each half shall be wide enough
to allow a passenger car to travel on each lot. As an alternative,
the Township may approve shared driveways with maintenance by a legally
binding homeowner association.
E.
The Township may require that a twenty-foot wide planting area with
a naturalistic mix of deciduous canopy trees, flowering trees, evergreen
trees and shrubs be planted along the perimeter of the tract where
there are concerns about compatibility with the adjacent uses. Such
planting area may overlap a rear yard, but shall be free of buildings
and fences.
F.
Any alleys shall be designed to discourage through-traffic. All streets,
whether public or private, shall be constructed following Township
road bed specifications for a public street. Any alley shall be constructed
with six inches of crushed stone, two inches of BCBC and one inch
of binder course, unless a modification is granted by the Board of
Supervisors.
(1)
Alleys shall have a minimum paved width of 12 feet if limited
to one-way traffic and 14 feet if allowing two-way traffic. Additional
width shall be required if any parallel parking is provided. The right-of-way
for an alley shall be at least four feet wider than the cartway (two
feet on each side of the cartway). An alley shall have adequate sight
distance at all corners and intersections of alleys.
G.
Architecture. The intent is to have unified and consistent architectural
styles, while avoiding monotony. The applicant shall establish legally
enforceable provisions controlling the styles of architecture, rooflines,
porches and the general types of exterior materials in such as manner
as to incorporate the best features of traditional architecture commonly
found in boroughs and villages in Pennsylvania, unless the applicant
proves to the satisfaction of the Board of Supervisors that a more
contemporary architectural design would be appropriate. Such features
shall include front porches on most dwellings, landscaped front yards,
non-prominent garage doors, varied rooflines and use of masonry on
most facades. The emphasis shall be upon sides of a building visible
from a street.
(1)
Such provisions shall be approved and sealed by a registered
architect. The substance of such draft provisions shall be provided
to the Township in writing for review at the time of preliminary subdivision
submission. Such provisions shall be subject to approval by the Board
of Supervisors as a condition of final subdivision and land development
approval. Any future substantive changes to the architectural provisions
established under this section shall require approval by resolution
of the Board of Supervisors.
(2)
Such provisions shall not be designed to require excessive uniformity
in design, nor to restrict home purchasers to a single design, but
instead to encourage high-quality design with a consistent character.
Such provisions shall limit monotony and excessive modernity in architectural
design. Standards should also be established for the design of fencing.
(3)
The architectural provisions shall promote varied rooflines,
overhangs and/or setbacks along attached dwelling units.
(4)
The architectural provisions shall promote the use of architectural
detailing and features, such as decorative porches and cornices.
(5)
The architectural provisions shall address the locations of
front doors, particularly to ensure that most dwellings and business
uses have a front door facing onto a street at the front of the building.
[Ord. 125, 7/18/2007, § 314]
1.
This section provides a density bonus for a residential development
that is age restricted in compliance with the federal requirements
for "Housing for Older Persons" as specified in the United States
Code. (Note: As of 2007, such provisions were in 42 U.S.C.A. § 3607.)
This provision shall not change the allowed dwelling types in the
district. This option is available as a by right bonus in any zoning
district where the proposed dwelling types are allowed.
2.
In order to be approved by the Township as age restricted residential
development, every dwelling unit (except one dwelling unit for one
manager) on a tract of land shall be permanently restricted by deed,
by any lease and by notes on the recorded plan to the following occupancy
limitations: (A) a minimum of one head of household of each dwelling
unit shall be age 55 years or older or who is physically disabled
as defined by Social Security disability regulations, and (B) no person
under age 18 shall live in the dwelling unit for more than 30 days
in any calendar year, unless such person has a disability as defined
under federal fair housing regulations. Any violation of such age
restrictions shall be a violation of this chapter.
A.
In addition, in order to be approved as age restricted development,
the applicant shall establish an appropriate legal entity, such as
a property-owner association that has the duty, authority and responsibility
to enforce such age restrictions over time. If a household met this
requirement at the time of initial occupancy, it shall not be required
to move in case of death, divorce or separation of a resident of that
same household.
3.
If an entire residential development is approved under this section,
then the minimum lot area or the minimum average lot area per dwelling
unit, as applicable, shall be reduced by 20%. Alternatively, where
density is stated in terms of a maximum number of dwelling units per
acre, the maximum density may be increased by 20% under this section.
The minimum side yards may also be reduced by 20%. A greater bonus
may be provided in the regulations of the applicable zoning district.
A.
An age restricted residential development shall meet all other requirements
of Township ordinances, including limitations on the housing types
allowed in that zoning district.
4.
This density bonus shall only be approved if the development includes
an appropriate system of sidewalks or pathways that is accessible
under the Americans With Disabilities Act.
