Township of Kidder, PA Residential Development

A key concept associated with conservation subdivision design is to focus on residential density instead of minimum lot size. In a standard subdivision the land is simply cut into as many lots as possible while meeting the minimum lot size requirement. Under conservation design, which is based on unit density instead of minimum lot size, the size of individual lots sold can vary in size, provided the total number of lots does not exceed the density which is based on the underlying minimum lot size. In conservation design, the maximum lot size is the critical element, as it really defines the minimum open space that must be conserved.

§ 180-28 Purposes.

In conformance with the Pennsylvania Municipalities Planning Code the purposes of this section, among others, are as follows:

To conserve open land, including those areas containing unique and sensitive natural features such as woodlands, steep slopes, streams, floodplain and wetlands.

To conserve areas critical to the visual integrity of the landscape by setting them aside from development.

To conserve scenic views and elements of the landscape, and to minimize perceived density, by minimizing views of new development from public viewing points.

To provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads, utility runs, and the amount of paving required for residential development.

To reduce erosion and sedimentation by the retention of existing vegetation, and the minimization of development on steep slopes.

To provide for a diversity of lot sizes and housing choices at the underlying zoning district density to accommodate a variety of age and income groups, and residential preferences, so that the community's population diversity may be maintained.

To implement adopted municipal policies to conserve a variety of irreplaceable and environmentally sensitive resource lands as set forth in the Township Comprehensive Plan.

To implement adopted land use, transportation, and community policies as identified in the Township Comprehensive Plan.

To protect productive forest land in the Township for continued use by conserving blocks of land large enough to allow for efficient forest management operations.

To enable the creation of residential communities with direct visual access to open land and amenities in the form of open space.

To provide for the conservation and maintenance of open land to achieve the above-mentioned goals and for active or passive recreational use by residents.

To provide multiple options for landowners in order to minimize impacts on environmental resources and sensitive lands such as streams, water bodies, wetlands, floodplain, and steep slopes, and minimize the disturbance of natural or cultural features such as mature woodlands, hedgerows and tree lines, critical wildlife habitats, historic buildings, and fieldstone walls.

To provide standards reflecting the varying circumstances and interests of individual landowners, and the individual characteristics of their properties.

§ 180-29 Districts; development options.

Optional in R-1, R-2, R-3, R/RC and OS Districts. In all R-1, R-2, R-3, R/RC and OS Districts on tracts of eight acres of gross tract area or larger, conservation subdivision design may be used at the developer's option in accord with this Article VI using Option 1, Option 2, or Option 3. In the alternative a standard subdivision may be developed in accord with the applicable provisions of this chapter.

Development options. In order to achieve the purposes in § 180-28, this § 180-29 provides for flexibility in designing new residential subdivisions by allowing the following forms of development referred to as options, as listed below:

(1)

By right (permitted use) in R-1, R-2, R-3, R/RC and OS Districts.

(a)

Option 1. Basic density and basic conservation providing for residential lots/units at the density permitted by the Density and Conservation Open Space Table in § 180-32, with not less than 45% of the tract comprised of conservation open space.

(b)

Option 2. Increased density with increased conservation providing residential lots/units at the density permitted by the Density and Conservation Open Space Table in § 180-32, with not less than 55% of the tract comprised of conservation open space.

(c)

Option 3. Greater density with greater conservation providing residential lots/units at the density permitted by the Density and Conservation Open Space Table in § 180-32, with not less than 60% of the tract comprised of conservation open space.

Conservation design process. All conservation subdivision design developments shall be designed using the four-step conservation design process in accord with Chapter 153 (Subdivision and Land Development).

§ 180-30 General regulations.

The design of all conservation subdivision design developments shall be governed by the following minimum standards:

Ownership. The development tract shall be held in single ownership.

Primary conservation areas. The proposed design shall conserve the Primary Conservation Areas. Demonstration by the applicant that these features are conserved by the proposed design shall be prerequisite to all preliminary and final plan approvals under Chapter 153 (Subdivision and Land Development). Primary conservation areas include:

(1)

Delineated wetlands.

(2)

Floodplain (including the floodway) as shown on the Township Flood Insurance Rate Map.

(3)

Slopes of 25% or more.

(4)

Streams and water bodies.

Secondary conservation areas. The protection of secondary conservation areas shall be addressed through the four-step design process detailed in Chapter 153 (Subdivision and Land Development).

§ 180-31 Use regulations for Options 1, 2 and 3.

The following uses shall be permitted in Option 1, Option 2 and Option 3 conservation subdivision design developments:

Single-family detached dwellings.

Two-family dwelling units, single-family attached units/townhouses, quadruplexes and multifamily dwellings.

Conservation open space with the uses permitted by § 180-35.

No-impact home-based businesses and home occupations in accord with § 180-23E.

Accessory uses on the same lot with and in accord with applicable district regulations.

§ 180-32 Maximum dwelling units and minimum conservation open space.

Dwelling units. The maximum number of dwelling units shall be determined by using one of two approaches: a calculation using the density factor in the Density and Conservation Open Space Table and the adjusted tract area approach in § 180-32C, or by a yield plan detailed in § 180-32D. The applicant shall determine which approach is most suitable.

Conservation open space. The minimum conservation open space shall be as set forth in the Density and Conservation Open Space Table, regardless of which method is used to determine the maximum number of dwelling units.

(1)

Delineation. Conservation open space shall be delineated to include all primary conservation areas and, in addition, sufficient secondary conservation areas that, when added to the primary conservation areas, shall not be less than the minimum required conservation open space.

(2)

Common greens.

(a)

In Option 1, Option 2 and Option 3 part of the required conservation open space may be in the form of common greens as follows:

[1]

A minimum of 2% of the required conservation open space when the average lot size is 15,000 square feet or more.

[2]

A minimum of 3% of the required conservation open space when the average lot size is less than 15,000 square feet.

[3]

A maximum of 5% of the required conservation open space.

(b)

In Option 5, at least 15% of the required conservation open space shall consist of multiple common greens, squares, or parks.

(3)

Conservancy lots. In Option 1, Option 2 and Option 3, up to 80% of the required conservation open space may be in the form of conservancy lots of not less than 10 acres in size provided:

(a)

The conservancy lot is permanently restricted from further subdivision, or development is used only for those uses listed in § 180-35.

(b)

The restriction shall be in the form of a conservation easement as provided in Chapter 153 (Subdivision and Land Development).

Adjusted tract area approach. Determination of the maximum number of dwelling units shall be based upon the following calculations:

(1)

Determine gross tract area. Gross tract area shall equal the acreage within the legally described parcel.

(2)

Determine constrained land. Constrained land consists of the resources listed in the Constrained Land Table multiplied by a protection factor and totalled. If two or more resources overlap, only the resource with the highest protection factor shall be used.

Constrained Land
	Resource	Area of Resource (acres)	Protection Factor	Constrained Land (acres)
A	Existing public or private road rights-of-way and existing utility or other rights-of-way		X1.00	=
B	That portion of lands under conservation easement that are restricted from further development		X1.00	=
C	Floodway (if not mapped by FEMA assume 50 feet each side of top-of-bank of stream)		X0.50
D	One-hundred-year floodplain (if not mapped by FEMA area is included in floodway above)		X0.25
E	Wetlands as determined by a delineation		X0.50
F	Prohibitive steep slopes (25% or greater)		X0.50	=
G	Precautionary steep slopes (15% up to 25%		X0.10	=
H	Ponds, lakes and streams to the high water mark		X0.50	=
I	Constrained Land = Sum of a through H =

(3)

Determine adjusted tract area (ATA). Adjusted tract area equals the gross tract area minus the constrained land.

Adjusted Tract Area
A	Gross tract area	_____ acres
B	Minus constrained land from Constrained Land Table in § 180-32C(2)	-_____ acres
C	Equals adjusted tract area	=_____ acres ATA

(4)

Maximum number of dwelling units. In Options 1, 2 and 3, the maximum number of dwelling units equals the adjusted tract area (ATA) divided by the applicable density factor set forth in the Density and Conservation Open Space Table. Where calculations result in fractional numbers, the fraction shall be rounded down to the next whole number.

Maximum Number of Dwelling Units
A	Adjusted tract area (from the Adjusted Tract Area Table in § 180-32C(2) converted to square feet	_____ sq ft
B	Divided by density factor (from the Density and Conservation Open Space Table)	÷_____
C	Equals maximum number of dwelling units	= _____ dwelling units

Yield plan approach (applicable to Options 1, 2 and 3).

(1)

Number of units permitted.

(a)

Option 1. For Option 1, the maximum number of dwelling units shall be determined by a layout with conventional lots using the minimum lot size standards applicable to the district of location. The number of units permitted in the conservation subdivision design development shall equal the number of units on the yield plan, provided it meets the requirements of this section and Chapter 153 (Subdivision and Land Development) applicable to conventional subdivisions.

(b)

Option 2. For Option 2, the maximum number of units permitted shall equal the number of units on an Option 1 Yield Plan, multiplied by a factor of 1.25. [NOTE: The 1.25 multiplication factor was determined by dividing the Option 1 density factor by the Option 2 density factor (e.g., 40,000 square feet ÷ 32,000 square feet = 1.25).]

(c)

Option 3. For Option 3, the maximum number of units permitted shall equal the number of units on an Option 1 Yield Plan, multiplied by a factor of 1.43. [NOTE: The 1.43 multiplication factor was determined by dividing the Option 1 density factor by the Option 3 density factor (e.g., 40,000 square feet ÷ 28,000 square feet = 1.43).]

(2)

Constrained lands. For the purposes of meeting the minimum lot size requirement in the Option 1 yield plan, the proportion of constrained land as calculated using the protection factors in the Constrained Land Table in Subsection B shall not be included.

(3)

Plan requirements.

(a)

SALDO requirements. Yield plans shall be prepared in accord with the standards of Chapter 153 (Subdivision and Land Development) containing proposed lots, streets, rights-of-way, and other pertinent features. Although it must be drawn to scale, it need not be based on a field survey. However, it shall be a realistic layout reflecting a development pattern that could reasonably be expected to be implemented, taking into account the presence of wetlands, floodplain, steep slopes, existing easements or encumbrances and, if unsewered, the suitability of soils for subsurface sewage disposal.

(b)

Resource identification. The yield plan shall identify the site's primary and secondary conservation areas, as identified in the existing resources/site analysis, and demonstrate that the primary conservation areas could be successfully absorbed in the development process without disturbance, by allocating this area to proposed single-family dwelling lots which conform to the required dimensional standards. The yield plan shall be based upon accurate mapping of wetlands, one-hundred-year floodplain and land with slopes greater than 15%.

Density and Conservation Open Space
Option 1 Basic Density and Basic Conservation Neutral density		Option 2 Increased Density with Increased Conservation 20% density bonus (ATA/unit reduced by 20%)		Option 3 Greater Density with Greater Conservation 30% density bonus (ATA/unit reduced by 30%)
Density Factor (SF ATA/DU¹)	Minimum Conservation Open Space Required²	Density Factor (SF ATA/DU¹)	Minimum Conservation Open Space Required²	Density Factor (SF ATA/DU¹)	Minimum Conservation Open Space Required²
R-1 District
R-1 - Central water supply and central sewage system
40,000	45% ATA	32,000	55% ATA	28,000	60% ATA
R-1 - On-lot water supply and central sewage system
50,000	45% ATA	40,000	55% ATA	35,000	60% ATA
R-1 - Central water supply and on-lot sewage system
60,000	45% ATA	48,000	55% ATA	42,000	60% ATA
R-1 - On-lot water supply and on-lot sewage system
80,000	45% ATA	64,000	55% ATA	56,000	60% ATA
R-2 District
R-2 - Central water supply and central sewage system
26,000	45% ATA	20,800	55% ATA	18,200	60% ATA
R-2 - On-lot water supply and central sewage system
30,000	45% ATA	24,000	55% ATA	21,000	60% ATA
R-2 - Central water supply and on-lot sewage system
40,000	45% ATA	32,000	55% ATA	28,000	60% ATA
R-2 - On-lot water supply and on-lot sewage system
50,000	45% ATA	40,000	55% ATA	35,000	60% ATA

NOTES:
¹	SF ATA = square feet of adjusted tract area in § 180-32C(3).
²	Plus constrained land calculated in § 180-32C(2). (See Row 1 of Table.)

Density and Conservation Open Space
Option 1 Basic Density and Basic Conservation Neutral density		Option 2 Increased Density with Increased Conservation 20% density bonus (ATA/unit reduced by 20%)		Option 3 Greater Density with Greater Conservation 30% density bonus (ATA/unit reduced by 30%)
Density Factor (SF ATA/DU¹)	Minimum Conservation Open Space Required²	Density Factor (SF ATA/DU¹)	Minimum Conservation Open Space Required²	Density Factor (SF ATA/DU¹)	Minimum Conservation Open Space Required²
R-3 District
R-3 - Central water supply and central sewage system
9,000	45% ATA	7,200	55% ATA	6,300	60% ATA
R-3 - On-lot water supply and central sewage system
20,000	45% ATA	16,000	55% ATA	14,000	60% ATA
R-3 - Central water supply and on-lot sewage system
40,000	45% ATA	32,000	55% ATA	28,000	60% ATA
R-3 - On-lot water supply and on-lot sewage system
40,000	45% ATA	32,000	55% ATA	28,000	60% ATA
R/RC District
R/RC - Central water supply and central sewage system
26,000	45% ATA	20,800	55% ATA	18,200	60% ATA
R/RC - On-lot water supply and central sewage system
30,000	45% ATA	24,000	55% ATA	21,000	60% ATA
R/RC - Central water supply and on-lot sewage system - not permitted
R/RC - On-lot water supply and on-lot sewage system - not permitted
OS District
OS - Central water supply and central sewage system
80,000	45% ATA	64,000	55% ATA	6,000	60% ATA
OS - On-lot water supply and central sewage system
100,000	45% ATA	80,000	55% ATA	70,000	60% ATA
OS - Central water supply and on-lot sewage system
120,000	45% ATA	96,000	55% ATA	84,000	60% ATA
OS - On-lot water supply and on-lot sewage system
160,000	45% ATA	128,000	55% ATA	112,000	60% ATA

NOTES:
¹	SF ATA = square feet of adjusted tract area in § 180-32C(3).
²	Plus constrained land calculated in § 180-32C(2). (See Row I of Table.)

(c)

Individual sewage disposal systems.

[1]

On sites not served by central sewage disposal, density shall be further determined by evaluating the number of homes that could be supported by soils-based individual on-lot sewage disposal systems. For the purposes of determining density under this section, this standard shall exclude holding tanks, individual stream discharge systems and evapotranspiration systems.

[2]

Based on the existing resources/site analysis and observations made during an on-site visit of the property, the Township shall select a ten-percent sample of the lots considered to be marginal for on-lot sewage disposal. The applicant shall provide evidence that these lots meet the standards for an individual on-lot sewage disposal system and system replacement area before the applicant shall be granted the full density determined by the yield plan. Should any of the lots in a sample fail to meet the standard for individual septic system, those lots shall be deducted from the yield plan and a second ten-percent sample shall be selected by the Township and tested for compliance. This process shall be repeated until all lots in a given sample meet the standard for an individual soils-based on-lot sewage disposal system.

Total number of dwelling units. The total number of dwelling units permitted on a development site equals the sum of the following, each of which shall be itemized separately in a table on the plans:

(1)

Maximum number of dwelling units permitted in § 180-32C or § 180-32D, as selected by the applicant.

(2)

Any additional units permitted as the result of the discretionary density bonus permitted in § 180-34.

Preservation of historic dwellings. To encourage the preservation of historic dwellings, such preserved dwellings shall not count toward the permitted maximum number of dwelling units, provided:

(1)

Such dwellings are at least 75 years old;

(2)

The dwelling is preserved in accord with the National Park Service historic preservation standards; and

(3)

The dwelling is placed in a landscape context that respects its historical status and appearance, as determined by the Township.

§ 180-33 Dimensional and design standards.

Option 1, Option 2 and Option 3. The standards in the Dimensional Standards for Single-Family Dwellings Option 1, Option 2 and Option 3 Table shall apply to Option 1, Option 2 and Option 3.

Dimensional Standards for Single-Family Detached Dwellings Option 1, Option 2 and Option 3
Type of water supply and sewage disposal ►►►►		Central Water and Central Sewage	On-lot Water and Central Sewage	Central Water and On-lot Sewage	On-lot Water and On-lot Sewage
Minimum individual lot area		5,500 square feet	21,780 square feet	32,670 square feet	43,560 square feet
Minimum lot width at required setback		40 feet	70 feet	85 feet	100 feet
Minimum street frontage		35 feet	50 feet	50 feet	50 feet
Maximum depth to width ratio		5 to 1
Flag lots		Permitted in accord with provisions of the Chapter 153 (Subdivision and Land Development)
Setback regulations
	-Minimum front	20 feet	40 feet
	-Minimum rear	20 feet where the rear setback adjoins conservation open space
	-Minimum side	5 feet 30 feet aggregate	15 feet

Maximum lot coverage. Maximum ground coverage for single-family dwellings in Options 1 through 4 shall be limited in accord with the following Maximum Lot Coverage Table.

	Maximum Impervious Cover for Single-Family Dwellings Option 1, Option 2, Option 3 and Option 4
	Lot Area (square feet)	Maximum Impervious Coverage
	Less than 10,000	50%
	10,000 - 19,999	40%
	20,000 - 43,560	30%
	More than 43,560	Reduce limit by 1.5% for each additional acre or fraction thereof but not reduced to less than 5%

Dimensional standards for two-family dwellings, single-family attached units/townhouses, quadruplexes and multiple-family. The standards in the Dimensional Standards for Two-Family Dwellings, Single-Family Attached Units/Townhouses, Quadruplexes and Multiple-Family Table shall apply:

	Dimensional Standards for Two-Family Dwellings, Single-Family Attached Units/Townhouses, Quadruplexes and Multiple-Family Option 1, Option 2 and Option 3
	Minimum individual lot area	None
	Separation of principal buildings	35 feet
	If individual lots are provided: minimum lot width	18 feet (24 feet if a 2-car garage or parking of 2 cars side-by-side is provided in the front)
	Setback from any adjoining internal street, street right-of-way, common parking area or sidewalk	20 feet

Central water supply and sewage disposal. Two-family dwellings, single-family attached/townhouses, quadruplexes and other multiple-family dwellings shall be served by a central water system and a central sewage disposal system.

Dwelling lots/conservation open space. No part of any dwelling lot shall encroach upon conservation open space.

Setbacks. All new dwelling units shall meet the setback requirements in the following Dwelling Setbacks Table:

Dwelling Setbacks
From:	Single-Family	Two-Family, Single-Family Attached/Townhouses, Quadruplexes	Other Multifamily
External Township or state road rights-of-way (feet)	100	150	200
Other perimeter boundaries of the development tract (feet)	50	100	150
Crop land or pasture land not on the development parcel (feet)	100	100	100
Buildings or barnyards housing livestock not on the development parcel (feet)	300	300	300
Active recreation areas such as courts and play fields not on the development parcel (not including tot lots) (feet)	150	150	150

Building height. Building height shall comply with the standards for the applicable district in Part 2, Standards for Dwellings in the Schedule of Development Standards (§ 180-19).

§ 180-34 Discretionary density bonus.

Additional density may be permitted by the Board of Supervisors as a conditional use in accord with the following standards. The total for all bonuses shall not exceed 25% of the dwelling units permitted in § 180-32C or § 180-32D, as selected by the applicant.

Age-restricted dwelling units.

(1)

Definition. A dwelling unit restricted to occupancy for at least one person 55 years of age or older and with no person less than 19 years of age pursuant to the Housing for Older Persons Act of 1995,[1] as may be amended. For the purposes of this chapter, such dwelling unit is not located in a facility where health services are provided to occupant(s) including, but not limited to, assisted living facilities, continuing care retirement communities, skilled nursing care facilities, intermediate care facilities, nursing and personal care facilities, residential care facilities and convalescent homes.

[1]

Editor's Note: See 24 CFR 100.

(2)

Bonus. For each age-restricted unit provided, one additional dwelling unit shall be permitted, up to a maximum increase of 15% over the maximum number of units permitted in § 180-32E(1).

Public usage of open space land.

(1)

The Board of Supervisors may encourage the dedication of land for public use (including active and passive recreation areas, municipal buildings, etc.) according to the following standards: A density bonus for greater public usage of open space land in new subdivisions shall be computed on the basis of a maximum of one dwelling unit per five acres of open space land or 2,500 feet of trail that becomes publicly accessible (per 1,250 feet for paved trails). The decision whether to accept an applicant's offer to dedicate open space land to public usage within a proposed subdivision shall be at the discretion of the Board of Supervisors, which shall be guided by the recommendations contained in the Comprehensive Plan and Open Space and Recreation Plan and the Official Map, particularly those sections dealing with active recreational facilities and passive trail networks.

(2)

When a density bonus is approved for the public purposes in this § 180-34, the required open space land may be reduced by up to 10% or the minimum lot area requirement may be reduced by up to 10%, or by a combination of these approaches, at the discretion of the Board of Supervisors if the Board is satisfied that the public purposes are being served.

Endowment for open space maintenance.

(1)

Permanent fund. When open space land is to be donated to a land trust or to the Township, the Board of Supervisors may allow up to a ten-percent density bonus over the maximum number of units permitted in §§ 180-32E(1) to generate additional income to the applicant for the sole purpose of endowing a permanent fund to offset continuing costs of maintaining the open space land (involving activities such as mowing meadows, removing invasive vines, paying insurance premiums and local taxes, etc.), including costs associated with active or passive recreation facilities. Spending from this fund should be restricted to expenditure of interest so that the principal may be preserved. Assuming an annual average interest rate of 5%, the amount designated for the Endowment Fund shall be at least 20 times the estimated annual maintenance costs. Such estimate shall be prepared by an agency, firm, or organization acceptable to the Board of Supervisors, and with experience in managing conservation land and recreational facilities.

(2)

Cost estimate. When estimating the projected maintenance costs of the open space land, open space land that is not accessible by the subdivision residents for their common enjoyment need not be included in the calculations. Such lands would typically include areas designated on the final plan as land reserved for future agricultural, horticultural, silvicultural, or equestrian uses, which may be leased or sold to another party for those express purposes, and which is protected from future development by a permanent conservation easement. In such cases, the density bonus shall be adjusted proportionately to reflect only the acreage that is accessible to residents for their passive or active recreation.

§ 180-35 Uses permitted on conservation open space.

The following uses are permitted in conservation open space areas:

Open land. Conservation of open land in its natural state (for example, woodland, fallow field, or managed meadow).

Agriculture and horticulture. Agricultural and horticultural uses, including raising crops or livestock, wholesale nurseries, associated buildings. Specifically excluded are dwellings, commercial livestock operations involving swine, poultry, mink, and other animals likely to produce highly offensive odors.

Horses. Pasture land for horses used solely for recreational purposes. Equestrian facilities shall be permitted but may not consume more than 50% of the minimum required conservation open space.

Forestry. Forestry in keeping with established best management practices for selective harvesting and sustained yield forestry as published by the Pennsylvania Bureau of Forestry and Chapter 106 (Forest Management).

Neighborhood open space. Uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational.

Recreation. Active noncommercial recreation areas, such as playing fields, playgrounds and bikeways, not requiring supporting structures. Such recreational uses shall meet the following standards:

(1)

Such areas shall not consume more than 50% of the minimum required conservation open space or five acres, whichever is less. The five-acre limit may be increased to 10 acres on development parcels 200 acres or larger.

(2)

Playing fields and playgrounds shall not be located within 100 feet of the tract boundary or a dwelling unit within the development parcel.

(3)

Minimum parking facilities for the same, as determined by the Board of Supervisors, may also be permitted. Such lots may be paved with gravel and shall be unlighted, properly drained and provide safe ingress and egress.

Golf courses. Audubon International Signature Golf Courses and their accessory facilities and parking areas, when permitted by the underlying zoning district, may comprise up to 50% of the minimum ATA of the required conservation open space. This use shall not include driving ranges or miniature golf. The gross floor area devoted to sales of golf equipment, clothing, food and other similar items shall not exceed 1,200 square feet. Accessory facilities and parking areas shall not count toward the minimum conservation open space requirement.

Water; sewer; stormwater. Water supply systems, sewage disposal systems, stormwater management systems and associated easements provided the total area does not exceed 20% of the minimum ATA required in the conservation open space. The following standards shall apply:

(1)

Water supply systems.

(a)

Drainage easements for water lines may be counted toward the minimum conservation open space requirement.

(b)

Land used for ground-level well structures and associated parking exceeding 5,000 square feet shall not count toward the minimum conservation open space requirement.

(2)

Sewage disposal systems.

(a)

Sewage treatment lagoons, structures, structure access areas and parking lots shall not count toward the conservation open space requirement.

(b)

Soil absorption areas shall be appropriate for active or passive recreation.

(c)

Sewage disposal areas in conservation open space shall be appropriate for active or passive recreation or shall be managed as meadows or forests; and may be counted toward the minimum conservation open space requirements.

(d)

Absorption fields serving individual dwelling units may be located in the conservation open space, but individual treatment tanks shall be located within the lots they serve.

(e)

Each proposed absorption field area located in the conservation open space shall be situated in the closest proximity to the lot served.

(f)

The responsibility for the maintenance of any individual absorption system shall be clearly defined including adequate surety, and an easement for the installation and maintenance of any such system shall be provided.

(g)

Drainage easements for sewer lines may be counted toward the minimum conservation open space requirement.

(3)

Stormwater management systems. The following stormwater management practices may be counted toward the minimum conservation open space requirement, provided they meet the guidelines in the Pennsylvania Stormwater Best Management Practices Manual:

(a)

Infiltration basin, provided the berms do not exceed 36 inches in height;

(b)

Subsurface infiltration bed;

Infiltration trench;

Rain garden;

Vegetated swale;

Infiltration berm, provided the berm does not exceed 24 inches in height.

Easements. Easements for drainage, access, sewer or water lines, or other public purposes.

Utility rights-of-way. Underground utility rights-of-way. Aboveground utility and street rights-of-way may traverse conservation areas but shall not count toward the minimum required conservation open space.

§ 180-36 Conservation open space design and other standards.

Four-step design. Conservation open space in all options shall be identified and laid out in accord with the four-step design process and conservation open spaces design standards in Chapter 153 (Subdivision and Land Development) which begins with the identification of primary and secondary conservation areas.

Comprehensive Plan. Conservation open space shall be laid out in accord with the Township Comprehensive Plan, to ensure that, over time, an interconnected network of conservation open space will be created.

Layout. The conservation open space shall be in the largest blocks possible and shall be laid out to ensure that an interconnected network of open space will be provided.

Permanence, ownership and maintenance. The required conservation open space shall be subject to permanent conservation easements prohibiting future development, prohibiting its use to meet open space requirements for any other development, and defining the range of permitted activities. The conservation open space shall be owned and maintained in accord with Chapter 153 (Subdivision and Land Development).

Use by development residents. In no case shall the amount of land available for the common use and enjoyment of the subdivision residents be less than 20% of the adjusted tract area. Not less than 15% of the conservation open space shall be free of wetlands, floodway, and slopes over 15%; and this minimum percentage shall be included in the conservation open space set aside for the common use and enjoyment of the subdivision residents.

Trails. When the Board of Supervisors determines a benefit to residents of the development in the form of trails or open space links, the applicant shall provide such linkages. In establishing the need for such linkages, the Board of Supervisors may consider:

(1)

Implementation of the Township Comprehensive Plan;

(2)

Trails integral to children's access to schools and parks;

(3)

Impact on woodland and stream corridors.

Buffers for adjacent public park land. Where the proposed development adjoins public park, state forest or state game land, a natural conservation open space buffer at least 150 feet in width shall be provided within the development along its common boundary with such public land, within which no new structures or other improvements shall be constructed, nor shall any clearing of trees or understory growth be permitted, except as may be necessary for street or trail construction or for the removal of invasive plant species.

(1)

Where existing vegetation provides an adequate buffer, as determined by the Board of Supervisors, the depth may be reduced to 75 feet.

(2)

Where the buffer is unwooded, the Board of Supervisors shall require vegetative screening to be planted, or that it be managed to encourage natural forest succession through restricted mowing policies and the periodic removal of invasive plant species.

Building lots.

(1)

The lot layout shall respect secondary conservation areas.

(2)

No portion of any building lot shall be used for meeting the minimum conservation open space requirement except as permitted by § 180-32B(3).

(3)

Building lots shall generally be accessed from interior streets, rather than from roads bordering the tract, unless otherwise permitted as part of the approval under Chapter 153 (Subdivision and Land Development).

Access. Pedestrian and maintenance access shall be provided to conservation open space in accord with the following requirements:

(1)

No more than 15 lots shall be contiguous to each other without a community access point meeting the following standards:

(a)

The width of the access strip shall not be less than 20 feet.

(b)

The access strip shall extend the full depth of the adjacent lots.

(2)

Access to conservation open space used for agriculture or horticulture may be restricted or prohibited for public safety and to prevent interference with agricultural operations.

Landscaping. Conservation open space that is not wooded or farmed shall be landscaped in accord with the landscaping requirements and conservation open space management plan standards.

Exterior views. Views of dwellings from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping which meets the landscaping requirements of this chapter and Chapter 153 (Subdivision and Land Development).

§ 180-37 Commercial uses in developments with 250 or more dwelling units.

If a subdivision includes a minimum of 250 dwelling units, then as a conditional use, a maximum of two acres within the subdivision may be used for retail businesses and service establishments meeting the requirements of the C District. The applicant shall prove to the Board of Supervisors that the commercial development has been designed and located with traffic access that is fully coordinated with the residential development and with adjacent development.

§ 180-38 through § 180-47. (Reserved)

Article II Additional Residential Standards

§ 180-48 Transferable development rights (TDR).

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

Basic concept and authorization.

(1)

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

(2)

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

(3)

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

(4)

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

(5)

Conservation easement.

(a)

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

(b)

Easement holder. The easement shall be held by the Township.

(6)

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

(7)

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

(8)

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

(9)

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

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

(1)

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

(a)

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

(b)

At least 80% of the sending property or a minimum of 100 acres shall be restricted from future development by a conservation easement in accord with this § 180-48.

(c)

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

(d)

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

(2)

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

(3)

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

(a)

Determination of number of development rights. The Township shall determine the total number of development rights available from a sending property by dividing the adjusted tract area as calculated for the property in accord with § 180-32C by the density factor (number of acres of adjusted tract area per dwelling unit) in the Calculation of Transferable Development Rights Table.

	Calculation of Transferable Development Rights¹
	Sending Property Location	Density Factor - 30-Percent Density Bonus (per dwelling unit)
	R-1 Residential Low Density	21,000 square feet of adjusted tract area²
	R/RC Recreation/Resort Commercial	14,000 square feet of adjusted tract area²
	OS Open Space	152,460 square feet of required minimum lot area²

	NOTES:
	¹	See § 180-48C(3)(b) for parcels subdivided after the effective date of this § 180-48.
	²	Based on Conservation Design Option 3, Central Water Supply and Central Sewage System (§ 180-32).

(b)

Subdivision prior to transfer. The density factors in § 180-48C(3)(a) shall not apply where the transfer of rights is proposed from any parcel to any other parcel created by a common subdivision approved after the effective date of this § 180-48. Density in such case shall be determined using the density factors in Article VI, Part 1, applicable to Option 1 Conservation Design Subdivisions.

(c)

Plan requirement. The applicant shall provide a plan prepared by a qualified professional as defined by the Pennsylvania Municipalities Planning Code to document to the satisfaction of the Township the determination of adjusted tract area. At a minimum, the plan shall show the site features enumerated in § 180-32C.

(d)

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

(e)

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

(4)

Severance of transferable development rights.

(a)

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

(b)

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

(c)

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

[1]

Deeds submitted to the Township for endorsement shall be accompanied by a title search of the sending property and a legal opinion of title affirming that the development rights being transferred by the deed have not been previously severed from or prohibited upon the sending property and that the sending property is not preserved land as described in § 180-48C(3)(e).

[2]

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

(5)

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

(6)

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

(a)

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

(b)

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

(c)

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

[1]

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

[2]

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

(d)

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

(e)

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

(f)

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

(g)

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

(h)

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

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

(1)

Receiving property location. Development rights may only be transferred to any property in any R-1, R-2, R-3, R/RC or OS District.

(2)

Conservation design required. All receiving properties shall be governed by the conservation design development standards in Article VI, Part 1, and the minimum conservation open space shall be 60% of the adjusted tract acreage calculated in § 180-32C(3) plus constrained land calculated in § 180-32C(2). (See Row I of Table.)

(3)

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

(4)

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

(5)

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

(a)

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

(b)

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

(c)

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

(d)

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

Plan submission process.

(1)

Plans required. All applicants for use of transferable development rights shall submit subdivision or land development plans in accord with Chapter 153 (Subdivision and Land Development) for the development to which the transferable development rights will be added. A conditional use application shall be submitted where applicable. Such plans shall, in addition to meeting all other applicable provisions, include the following:

(a)

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

(b)

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

(c)

Plan. The adjusted tract area plan of the sending property required by § 180-48C(3)(c) for the site(s) from which the applicant proposes to purchase development rights. If the applicant is purchasing development rights from a portion of a sending property, the plan shall show the areas of severed rights. If the development rights have previously been severed from a sending property, a copy of the recorded deed of transferable development rights shall be submitted.

(d)

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

(2)

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

(3)

Public acquisition. The Township may purchase development rights and may accept ownership of development rights through transfer by gift. All such development rights may be resold or retired by the Township. Any such purchase or gift shall be accompanied by the conservation easement required by § 180-48C(6).

Amendment and/or extinguishment.

(1)

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

(2)

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

(3)

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

(4)

Vested rights. If the transferable development rights program is abolished by the Township, only those rights which were severed prior to the effective date of the ordinance abolishing the transferable development rights program may be attached to any receiving property. This shall also apply in the case where an application for severance in conformity with the provisions of this § 180-48 was filed prior to the effective date of such ordinance, and the application thereafter is continuously processed to approval.

§ 180-49 Two-family dwellings.

Where permitted by the Schedule of Uses, two-family dwellings shall comply with the requirements of this § 180-49 and other applicable standards in this chapter.

Common property line. In cases where a two-family dwelling is a duplex involving a common (i.e., party) wall and common property line, said wall shall be located on the common property line separating the adjoining lots. The area of each lot shall not be less than 50% of the minimum lot size required in Part 1 of the Schedule of Development Standards in Article IV and minimum lot dimensions shall comply with Part 2 of the Schedule of Development Standards in Article IV.

Single parcel. In cases where the two-family dwelling consists of two dwelling units constructed with one unit located on the second floor above a first floor dwelling unit or is a duplex involving a common (i.e., party) wall, the lot size shall comply with Part 1 of the Schedule of Development Standards in Article IV and minimum lot dimensions shall comply with Part 2 of the Schedule of Development Standards in Article IV. If such a two-family dwelling is proposed on two or more separate lots of record, said lots shall be combined into one lot prior to the issuance of a zoning permit.

Conversions. See § 180-51.

§ 180-50 Multifamily dwellings.

Multifamily dwellings are permitted in certain districts in order to provide the opportunity for the development of a variety of housing types in the Township.

Project design process and procedure.

(1)

Subdivision and land development. Multifamily projects shall also be subject to Chapter 153 (Subdivision and Land Development).

(2)

Four-step design; density.

(a)

Four-step design. All multifamily projects shall be designed using the four-step process for conservation design development detailed in Chapter 153 (Subdivision and Land Development).

(b)

Density. The number of dwelling units permitted shall be determined in accord with the adjusted tract area approach requirements for conservation design developments in § 180-32C and the density factor in the Multifamily Dwelling Standards Table.

(3)

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

(4)

Open space.

(a)

Minimum requirement. The development shall include as conservation open space at least 30% of the adjusted tract area plus all of the primary conservation areas in § 180-30B.

(b)

Standards. Open space areas shall meet the standards of § 180-35 and § 180-36 shall be preserved to the maximum extent possible in accord with a schedule or plan, and proposed agreement(s) either with the Township or a property owners' association, for the purpose of preserving the open space in accord with Chapter 153 (Subdivision and Land Development).

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

Multifamily Dwelling Standards
Project Standards	Quadraplexes	Townhouses	Garden Apartments	Apartment Buildings
Minimum size for project parcel (acres)	2	2	2	2
Density: number of dwelling units per acre of useable land area (See § 180-32C for adjusted tract area)	6	6	10	10
Maximum number of dwelling units per building	2	6	8	10
Maximum building height (feet)	Same as the zoning district
Maximum lot coverage (percent)	Applicable to overall project site, not individual lots; see § 180-50A(4)

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

(1)

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

(2)

Road standards. Access roads through the development shall comply with the street requirements of Chapter 153 (Subdivision and Land Development). Direct access of individual parking spaces to a road shall not be permitted, and any such access drive shall remain private.

(3)

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

(4)

Landscaped buffers. Buffers shall be provided in accord with the landscaping requirements of Chapter 153 (Subdivision and Land Development).

(5)

Pedestrian access. Walkways of such design and construction as approved by the Township shall be provided from all buildings and/or units to their respective parking area and shall meet the requirements for sidewalks as set forth in Chapter 153 (Subdivision and Land Development).

(6)

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

(7)

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

(8)

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

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

Common property ownership and maintenance. In cases where the ownership of common property is involved, evidence of arrangements for the continuous ownership and maintenance of same shall be provided by the developer for approval by the Township in accord with Chapter 153 (Subdivision and Land Development). The developer shall also submit evidence of compliance with the Pennsylvania Condominium Law[1] or an attorney's opinion that said law does not apply to the subject project.

[1]

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

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

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

§ 180-51 Multifamily or two-family conversions.

Any conversion of a building to multifamily or two-family dwelling units shall be permitted only within a district in which a new building for similar occupancy would be permitted under this chapter, and only when the resulting occupancy will comply with the requirements governing new construction in such district with respect to dwelling unit density, living space, lot coverage, dimensions of setbacks and other open spaces, off-street parking, and other applicable standards.

§ 180-52 Mobile homes.

Mobile homes on individual lots. A mobile home placed upon single-family lot outside of a mobile home park shall meet the following requirements:

(1)

(Reserved)

(2)

The mobile home shall comply with all applicable Uniform Construction Code requirements.

(3)

The mobile home shall have the wheels, axles and hitches removed prior to placement.

(4)

The mobile home shall comply in all respects with the requirements set forth in this chapter for single-family residences in the various districts.

Mobile homes in a mobile home park. A mobile home placed in a mobile home park shall meet the following requirements:

(1)

(Reserved)

(2)

The mobile home shall be enclosed from the bottom of the mobile home to the ground or stand using industry-approved, fire-resistant skirting material.

§ 180-53 (Reserved)

§ 180-54 Group homes.

Group homes shall be permitted in any lawful single-family dwelling unit in accord with the Schedule of Uses, this § 180-54 and other applicable standards of this chapter.

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

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

Registration. The group home shall register its location, general type of treatment/care, maximum number of residents and sponsoring agency with the Zoning Officer. Such information shall be available for public review upon request.

Counseling. Any medical or counseling services provided on the lot shall be limited to residents and a maximum of three nonresidents per day.

Parking. One off-street parking space shall be provided for each employee on duty at any one time, and every two residents of a type reasonably expected to be capable of driving a vehicle. Off-street parking areas of more than five spaces shall be buffered from adjacent existing single-family dwellings by a planting screen meeting the requirements of § 180-60 and § 180-61.

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

Bulk and density. The construction of new group homes shall comply with the minimum lot size and other bulk and density requirements applicable to single-family residential dwellings, and shall not be permitted on lots of nonconforming size.

Water supply and sewage disposal. Documentation of a water supply and sewage disposal system meeting Township and DEP requirements shall be provided.

Number of residents. A maximum of eight persons shall reside in a group home, including the maximum number of employees/supervisors and/or care providers routinely in the group home at any point in time.

Visitors. Employees of the group home shall be prohibited from having visitors on the premises, except for visitation necessary for the operation of the group home and except for emergencies.

§ 180-55 Functional families.

Purpose. This § 180-55 is to provide for the regulation of functional families that may request to reside in a dwelling unit and to prohibit larger groups of unrelated persons from residing in dwelling units. Larger groups of unrelated persons have been frequently shown to have a detrimental effect on residential neighborhoods since larger groups of unrelated persons do not live as a family unit and do not have significant economic or emotional ties to the neighborhood.

Special exception; standards. The Zoning Hearing Board shall consider each application for a functional family as a special exception in accord with the standards of § 180-176D and, among others, the following considerations:

(1)

Proposed occupants:

(a)

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

(b)

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

(c)

Can establish legal domicile as defined by Pennsylvania law;

(d)

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

(e)

Prepare food and eat together regularly;

(f)

Share in the work to maintain the premises;

(g)

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

(h)

Share the entire dwelling unit or act as separate roomers.

(2)

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

(a)

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

(b)

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

(c)

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

(d)

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

(3)

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

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

§ 180-56 Boarding houses.

A boarding house shall have no more than four rooms of the residence used for rooming or boarding with not more than two people per room. All setback requirements for the district in which the property is located shall be maintained and off-street parking shall be provided in accord with § 180-24. In outward appearance, the boarding house shall be consistent with the character of other residences in the immediate area.

§ 180-57 (Reserved)