Township of Polk, PA Residential Standards

§ 400-601 Conservation subdivision design.

Purposes; development options.

In conformance with the Pennsylvania Municipalities Planning Code, the purposes of this § 400-601, among others, are as follows:

(a)

To conserve open land, including those areas containing unique and sensitive natural features such as woodlands, steep slopes, streams, floodplains and wetlands, by setting them aside from development;

(b)

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;

(c)

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

(d)

To provide for a diversity of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups, and residential preferences, so that the Township's population diversity may be maintained;

(e)

To protect areas of the Township with productive agricultural soils for continued or future agricultural use, by conserving blocks of land large enough to allow for efficient farm operations;

(f)

To create neighborhoods with direct visual access to open land, with amenities in the form of neighborhood open space, and with a strong neighborhood identity;

(g)

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

(h)

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

(i)

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

(j)

To conserve scenic views and elements of the Township's rural character, and to minimize perceived density by minimizing views of new development from existing roads.

(2)

In order to achieve these purposes, this chapter provides for flexibility in designing new subdivisions by allowing three forms of development referred to as "options," as summarized below:

(a)

Option 1: Neutral Density and Basic Conservation, providing for residential uses at the density permitted for conventional lotting under Article IV. Conservation open space comprises approximately half the tract. This option is a conditional use in R-R, R-1, R-2, and R-3 Zoning Districts.

(b)

Option 2: Enhanced Density with Greater Conservation, providing for higher-density residential uses and a larger percentage (55% or more) of conservation open space in more flexibly designed layouts. This option is a conditional use in R-1, R-2, and R-3 Zoning Districts.

(c)

Option 3: Villages, allowing for higher-density development designed according to special guidelines to ensure that the resulting form incorporates the design principles of traditional villages. This option is a conditional use in R-2 and R-3 Zoning Districts.

General regulations. The design of all new subdivisions using conservation design options shall be governed by the following minimum standards:

(1)

Ownership. The tract of land shall be held in single ownership and shall be planned as a single entity with common authority and common responsibility.

(2)

Site suitability. As evidenced by the existing resources/site analysis plan, the preliminary plan, and the detailed final plan, the tract incorporating this design option shall be suitable for supporting development in terms of environmental conditions, its size, and configuration.

(3)

Intersections and access. New intersections with existing public roads shall be minimized. Although two accessways into and out of subdivisions containing more than 20 dwellings are generally required for safety, proposals for more than two entrances onto public roads shall be discouraged if they would unnecessarily disrupt traffic flow.

(4)

Sensitive area disturbance. The proposed design shall strictly minimize disturbance of environmentally sensitive areas, as shown on the Primary Conservation Areas Map from the Four-Step Design Process. Lands within the one-hundred-year floodplain, wetlands, slopes in excess of 25%, and rock outcroppings constitute such environmentally sensitive areas, where disturbance shall be strictly minimized. Demonstration by the applicant that these features will be protected by the proposed application shall be prerequisite to approval of both the preliminary plan and the final plan.

(5)

Community water and wastewater systems. Community water supply and wastewater systems are permitted in conservation open space, subject to arrangements for ownership, operation and maintenance that are acceptable to the Township.

(6)

Setbacks from tract boundaries.

(a)

No habitable building shall be located within 75 feet of a tract boundary line.

(b)

No accessory building or structure shall be located within 50 feet of a tract boundary line.

Use regulations.

(1)

Option 1: Neutral Density and Basic Conservation.

(a)

General.

[1]

Residential diversity. A primary objective of the neutral density option is to preserve the vast natural resources in the residential zones by clustering new residential construction on smaller sized lots and thus limiting the new infrastructure needed for residential development. Within the overall residential density figures for neutral density subdivisions, new construction is to be predominantly single-family detached, residential in nature, on 1/2 of the conventional lot sizes. This component should comprise between 75% and 100% of the residential development allowed in Option 1: Neutral Density and Basic Conservation.

[2]

Housing types. Within neutral density conservation subdivisions, up to 25% of all new residential units may be designed as two-family dwellings. If an applicant elects to pursue the option for two-family dwellings, they shall be designed to reflect the county's vernacular building tradition for such building types.

(b)

Neutral Density Option permitted uses. The following uses are permitted by right in Option 1: Neutral Density and Basic Conservation Design:

[1]

Single-family detached dwellings.

[2]

Two-family dwellings.

[3]

A single accessory apartment on each individual lot in principal residences or a single accessory apartment on each individual lot in new traditional outbuildings (such as barns, stables, carriage houses, and spring houses), provided they are architecturally designed to harmonize with vernacular rural buildings in the Township's historic landscape. An accessory apartment shall be considered to be a dwelling unit for all purposes.

[4]

Nursing, rest or retirement homes.

[5]

Home occupations per § 400-504C(1).

[6]

Conservation open space comprising a portion of residential development, as specified above and according to § 400-601F.

[7]

Nonresidential uses. The following nonresidential uses in accord with the standards of § 400-601D and E:

[a]

Agricultural uses, including horticultural, wholesale nurseries, and the raising of crops, and buildings related to the same.

[b]

Woodlots, arboreta, and other similar silvicultural uses.

[c]

Woodland preserve, game preserve, wildlife sanctuary, or other similar conservation use.

[d]

Municipal or public uses; public park or recreation area owned and operated by a public or private nonprofit agency; governmental or public utility building or use; not to include business facilities, storage of materials, trucking or repair facilities, the housing of repair crews, private or municipal sanitary landfills.

[8]

Accessory uses in accord with the District Schedule of Uses and § 400-502.

(2)

Option 2: Enhanced Density with Greater Conservation.

(a)

General.

[1]

Residential diversity. A primary objective of the enhanced density option is to preserve the vast natural resources in the residential zones by clustering new residential construction on smaller-sized lots and allowing for townhouse developments to help meet the higher residential density. Within the overall residential density figures for enhanced density subdivisions, new construction is to be predominantly single-family detached, residential in nature, on less than 1/2 the conventional lot sizes. This component should comprise between 50% and 75% of the residential development allowed in Option 2: Enhanced Density with Greater Conservation.

[2]

Housing types. Within enhanced density conservation subdivisions, up to 25% of all new residential units may be designed as two-family dwellings and up to 40% may be designed as townhouses. If an applicant elects to pursue the option for two-family or townhouse dwellings, they shall be designed to reflect the county's vernacular building tradition for such building types.

(b)

Enhanced Density Option permitted uses. The following uses are permitted by right in Option 2: Enhanced Density with Greater Conservation Design:

[1]

Single-family detached dwellings.

[2]

Two-family dwellings.

[3]

[4]

Nursing, rest, or retirement homes.

[5]

Home occupations per § 400-504C(1).

[6]

Townhouse dwellings sited so there is no parking between the road right-of-way and the townhouse dwellings.

[7]

Conservation open space comprising a portion of residential development, as specified above and according to § 400-601F.

[8]

Nonresidential uses. The following nonresidential uses in accord with the standards of § 400-601D and E:

[a]

Agricultural uses, including horticultural, wholesale nurseries, and the raising of crops, and buildings related to the same.

[b]

Woodlots, arboreta, and other similar silvicultural uses.

[c]

Woodland preserve, game preserve, wildlife sanctuary, or other similar conservation use.

[d]

[9]

Accessory uses in accord with the District Schedule of Uses and § 400-502.

(3)

Village Density Option.

(a)

General.

[1]

Residential diversity. A primary objective of the village option is to provide for a diversity of household types and income levels, in a manner consistent with the variety of existing homes in the Township and with traditional village building and site development patterns. Within the overall residential density figures for villages, new construction is to be predominantly single-family detached, residential in nature, on compact village-scale lot sizes. This component should comprise between 60% and 75% of the residential development allowed in villages.

[2]

Housing types. Within villages, up to 25% of all new residential units may be designed as two-family dwellings, and up to 50% may be designed as multifamily (townhouse and/or apartment) dwellings. These percentages should be interpreted as guidelines. If an applicant elects to pursue the option for two-family and/or multifamily dwellings, such dwellings shall be designed to reflect the county's vernacular building tradition for such building types. When different housing types are proposed in villages, they shall be integrated architecturally and in scale so that they can be physically incorporated within the same streetscape as single-family detached dwellings and nonresidential buildings and not isolated from each other in separate areas.

[3]

Locational considerations for village uses.

[a]

Residential lots in villages shall generally not be located within 500 feet of any arterial highway having four or more lanes, nor within 250 feet of any existing two-lane state-numbered highway, unless effectively screened from the public viewshed by virtue of topography, dense vegetation, or other physical or visual barriers.

[b]

Commercial/mixed-use areas in villages shall be located so they are easily accessible by pedestrians from as much of the residential area as possible (preferably within 1,500 feet, a five-minute walk). Nonresidential uses that are intended to serve an area beyond the village itself shall be located to permit vehicular access from outside the village without passing through residential streets. This part of the village may be located close to state-numbered highways.

[4]

Village uses. Villages are intended to provide for a range of complementary uses and may consist of two areas: residential and mixed use/commercial. These areas are intended to provide for the diversity necessary for traditional village life, maximizing the interactions among related uses while minimizing the adverse impacts of different uses upon each other. The village residential area is intended to contain a variety of housing options and related uses. The village mixed use/commercial area is intended primarily to provide uses that meet the retail and service needs of a traditional village center and its vicinity within one- and two-story buildings, and may contain other compatible uses such as civic and institutional uses of community-wide importance, specifically including second-floor residential uses. The village mixed-use/commercial area may be located either at the approximate center of the village or at the edge, near an existing major or minor collector (including all state-numbered highways). If the village mixed-use/commercial area is located along such a thoroughfare, parking areas shall be screened from view, preferably in locating them behind those commercial buildings, as seen from the collector.

(b)

Permitted-by-right uses in village option subdivisions. The following uses are classified as permitted uses in the village option:

[1]

Village residential area.

[a]

Two-family dwellings.

[b]

Townhouse and apartment dwellings sited so there is no parking between the road right-of-way and the townhouse or apartment dwellings.

[c]

Accessory apartments in principal residences and accessory building apartments in new traditional outbuildings (such as barns, stables, carriage houses, and spring houses), provided that they are architecturally designed to harmonize with vernacular rural buildings in the Township's historic landscape.

[d]

Active adult communities.

[e]

Nursing, rest or retirement homes.

[f]

Home occupations per § 400-504C(1).

[g]

Single-family detached dwelling.

[2]

Village mixed-use/commercial area.

[a]

Non-drive-in retail uses, professional offices, banks and financial institutions, and personal or business services in buildings of 2,000 square feet or less (but up to 3,500 square feet if in buildings of two or more stories facing the street).

[b]

Bed-and-breakfast establishments and country inns.

[c]

Non-drive-through restaurants, not to exceed 1,000 square feet of patron area.

[d]

Schools, day-care centers, libraries, churches and other houses of worship.

[e]

Second-story residential uses.

[f]

Public utilities facilities, including substations, pumping stations, and waste treatment facilities (outside the core area) and uses accessory to the above.

[g]

Sites for indoor and outdoor recreation, such as organized games.

[h]

Medical or dental clinics.

[i]

Public meeting halls/community centers.

[j]

Specifically excluded from the category of retail uses and service business allowed in this subdistrict are uses such as flea markets, indoor/outdoor amusement parks, arcades, indoor and outdoor paintball recreational establishments, racing facilities, ATV motor vehicle race tracks or clubs, motor vehicle sales, motor vehicle washes, motor vehicle filling/service stations, off-track betting establishments, home improvement/building supply/lumberyards, shooting ranges, and self-storage facilities. This list is not meant to be exclusive.

Dimensional standards and density determination.

(1)

Dimensional standards for Option 1: Neutral Density and Basic Conservation.

(a)

Density factor. Density shall be based on the adjusted tract area as defined in § 400-601D(5) herein. This option is "density-neutral" with the zoning provisions for conventional development in the R-1, R-2, R-3, and RR Districts. The density factor shall be one dwelling unit per one acre in the R-1, R-2, and R-3 Districts, and one dwelling unit per two acres in the R-R District.

(b)

Minimum required conservation open space. The subdivision must include at least 50% of the adjusted tract area plus an area equal to all of the constrained land, as identified in Subsection D(5) of this section as conservation open space. However, in no instance shall the required conservation open space exceed 80% of the total tract area. (The total tract area equals the gross tract area minus all land within the rights-of-way of existing public streets or highways.) Conservation open space shall not be used for residential lots.

(c)

Minimum lot area: one acre where public or community sewer and water is not provided; 20,000 square feet where public or community water is provided.

(d)

Minimum lot width at building line: 80 feet.

(e)

Minimum street frontage: 20 feet.

(f)

Setback regulations. The builder or developer is urged to consider variations in the principal building position and orientation but shall observe the following minimum standards:

[1]

Front: 20 feet.

[2]

Rear: 40 feet.

[3]

Side: 30 feet separation for principal buildings, with no side setback less than 10 feet.

(g)

Maximum impervious coverage in developed (non-open space) areas: 25% where public or community water and sewer is not provided; 40% where public or community water and public or community sewer is provided.

(h)

Maximum height regulations: 35 feet.

(2)

Dimensional standards for Option 2: Enhanced Density with Greater Conservation.

(a)

Density factor. Density shall be based on the adjusted tract area as defined in § 400-601D(5). The density factor shall be one dwelling unit per 0.75 acres in the R-1, R-2, and R-3 Zoning Districts. Enhanced density is not a permitted use in the RR District.

(b)

Minimum required conservation open space. The subdivision must include at least 55% of the adjusted tract area plus an area equal to all of the constrained land, as identified in § 400-601D(5), as conservation open space. However, in no instance shall the required conservation open space exceed 80% of the total tract area. (The total tract area equals the gross tract area minus all land within the rights-of-way of existing public streets or highways.) Conservation open space shall not be used for residential lots.

(c)

Minimum lot area: one acre where public or community sewer and water is not provided; 15,000 square feet where public or community water and public or community sewer is provided.

(d)

Minimum lot width at building line: 80 feet.

(e)

Minimum street frontage: 20 feet.

(f)

Setback regulations. The builder or developer is urged to consider variations in the principal building position and orientation, but shall observe the following minimum standards:

[1]

Front: 20 feet.

[2]

Rear: 40 feet.

[3]

Side: 25 feet separation for principal buildings, with no side setback less than eight feet.

(g)

Maximum impervious coverage in developed (non-open space) areas: 30% where public or community water and sewer is not provided; 50% where public or community water and public or community sewer is provided.

(h)

Maximum height regulations: 35 feet.

(3)

Scale criteria for Option 3: Villages. Villages shall contain 40 or more dwelling units.

(4)

Dimensional standards for residential uses in Option 3: Villages.

(a)

Density factor: three dwelling units per acre as based on the adjusted tract area, as defined in § 400-601D(5) herein.

(b)

Minimum required conservation open space.

[1]

The subdivision must include at least 60% of the adjusted tract area plus an area equal to all of the constrained land, as identified in § 400-601D(5), as conservation open space. However, in no instance shall the required conservation open space exceed 80% of the total tract area. (The total tract area equals the gross tract area minus all land within the rights-of-way of existing public streets or highways.) Not less than 1/6 of this conservation open space shall be in a form usable to and accessible by the residents, such as a central green, neighborhood squares or commons, recreational playing fields, woodland walking trails, other kinds of footpaths, a community park, or any combination of the above. In addition, no more than 50% of the minimum required conservation open space may be comprised of active recreation facilities such as playing fields, golf courses, tennis courts, etc. Conservation open space shall not be used for residential lots.

[2]

The required conservation open space shall be located and designed to add to the visual amenities of villages and to the surrounding area, by maximizing the visibility of internal open space as terminal vistas at the ends of streets (or along the outside edges of street curves), and by maximizing the visibility of external open space as perimeter greenbelt land. Greenbelt land shall be designated to provide buffers and to protect scenic views as seen from existing roadways and from public parks.

[3]

Traditional villages shall include multiple greens or commons measuring a total of at least 1,000 square feet for each dwelling unit.

(c)

Minimum lot area. For residential lots, the minimum required lot area shall be determined by adding the proposed building footprint(s) and the required minimum setback areas.

(d)

Minimum lot width at building line: none.

(e)

Setback regulations. The builder or developer is urged to consider variations in the principal building position and orientation, but shall observe the following minimum standards:

[1]

Front setback.

[a]

Principal buildings: 12 feet minimum; six feet to front porches/steps.

[b]

Attached garages (front-loaded): 10 feet minimum behind plane of house.

[c]

Attached garage (side-loaded): 10 feet minimum from street right-of-way.

[d]

Detached garages (front-loaded): 40 feet from street right-of-way.

[2]

Rear setback:

[a]

Thirty feet minimum for principal buildings and five feet for accessory buildings excluding garages.

[b]

Detached garages (rear-loaded): 10 feet minimum from alley or lane right-of-way.

[3]

Side setback: twenty-foot separation for principal buildings, no side setback less than five feet in width.

(f)

Maximum impervious coverage: 80% limit on each developed (non-open space) residential or nonresidential lot.

(g)

Minimum street frontage. Lots must have frontage either on a street or on a back lane or shared driveway. Houses served by rear lanes may front directly onto parks or greens, which shall be designed with perimeter sidewalks.

(h)

Maximum height regulations: 35 feet.

(i)

Public or community water supply and sewage disposal is required for developments using the Village Design Option.

(5)

Density determinations for conservation subdivisions:

(a)

Determination of the maximum number of permitted dwelling units on any given property shall be based upon the adjusted tract area of the site. The adjusted tract area equals the gross tract area minus the constrained land (described below). Constrained land equals the sum of the following:

[1]

Rights-of-way: multiply the acreage of land within the rights-of-way of existing public streets or highways, or within the rights-of-way for existing or proposed overhead rights-of-way of utility lines or any other rights-of-way by 1.0.

[2]

Private streets: multiply the acreage of land under existing private streets by 1.0.

[3]

Wetlands: multiply the acreage of designated wetlands by 0.95.

[4]

Floodway: multiply the acreage within the floodway by 1.0.

[5]

Floodplain: multiply the non-wetland portion of the one-hundred-year floodplain by 0.5.

[6]

Ponds, lakes and streams: multiply the acreage of ponds, lakes and streams by 1.0.

[7]

Drainage easements: multiply the acreage of all permanent drainage easements by 1.0.

[8]

Slopes 25% or greater: multiply the acreage of all slopes 25% or greater by 0.8.

(b)

If a portion of the tract is underlain by more than one natural feature subject to a deduction from the total tract acreage, that acreage shall be subject to the most restrictive deduction only. Since acreage that is contained within the public or private rights-of-way, access easements or access strips is excluded from usable lot area, any portion of these items that also contains a natural feature subject to a deduction from the total tract acreage shall not be included when calculating the adjusted tract area.

(c)

Permitted dwelling units. The maximum number of permitted dwelling units equals the adjusted tract area divided by the density factor.

(6)

Dimensional, intensity, and design standards for Option 3: Village Mixed Use/Commercial Areas.

(a)

Use intensity standards.

[1]

New commercial buildings in the mixed use/commercial area and their associated parking spaces shall not occupy more than 5% of the net developable land area of the entire village. However, they may occupy up to 10% if they include second-story office uses, and up to 15% if they include second-story residential units. In order to qualify for the 15% figure, at least half of the new commercial building coverage (foundation footprint) shall be of two-story construction, and at least 25% of the second-story space shall be designed for residential uses.

[2]

Floor-area ratios shall be reduced by the Board on a case-by-case basis because village shop buildings and their parking areas should typically be allowed to occupy up to 80% of their building sites, with relatively little land between structures or between structures and the sidewalk. Parking areas shall generally be located behind shops (and occasionally to one side, if adequately screened from the street), and should be the primary focus of landscaping and buffering efforts (particularly where they abut adjoining residential lots).

(b)

Minimum lot size. The minimum lot size for nonresidential uses in village mixed use/commercial subdistrict shall be determined by adding 20% to the land area needed for the structure, on-lot parking, ingress/egress, and any on-site infrastructure that is required (e.g., septic disposal areas, stormwater management areas). The additional 20% shall be constituted by setbacks and landscaped buffers.

(c)

Minimum street frontage: 30 feet.

(d)

Setback regulations.

[1]

Front: no minimum required; maximum setback 15 feet.

[2]

Rear: 20 feet minimum.

[3]

Side: five feet minimum.

(e)

Maximum height regulations: 35 feet, but 75 feet for church steeples.

(f)

Additional design standards.

[1]

New buildings in this density option shall be subject to a maximum front setback (the "build-to" line) in order to maintain a strong sense of streetscape. Such buildings shall generally be of two-story construction and shall be designed in accord with the design standards set forth below. Maximum building height and coverage are controlled by other provisions in this chapter governing maximum height and minimum parking standards.

[2]

Ground floor space shall generally be reserved for pedestrian-oriented retailing and services, with offices and housing above.

[3]

Each village mixed use/commercial area shall have a primary common or green of at least 10,000 square feet, which should ideally be surrounded by two-story development that may include commercial, residential, civic and institutional uses.

[4]

This primary common shall border on the principal street running through the mixed use/commercial area, or be located so as to constitute the "terminal vista" of that street. This central green shall be located within 1,500 feet of 80% of all dwelling units in the village. (Alternatively, two greens of at least 6,000 square feet may be substituted for the central green, in order to meet the distance/proximity standard.) The type of trees and shrubs used shall be such that vistas through the open space are largely unobstructed. Greens shall be landscaped using elements of formal gardens, walkways, monuments, statues, gazebos, fountains, park benches and pedestrian-scale lamp posts. They shall be designed as attractive gathering places for all village residents in both day and evening. No green shall contain more than 10% coverage by impervious surfaces.

(g)

Parking.

[1]

Nonresidential off-street parking shall be to the side or rear, or located within internal parking areas not visible from the street.

[2]

On-street parking spaces along the street frontage of a lot (except where there are driveway curb cuts) shall be counted toward the minimum number of parking spaces required for the use on that lot.

[3]

On-street parking spaces shall be designed to be parallel to the curb.

[4]

Off-street parking may be located within 600 feet (measured along a publicly accessible route) from the lot containing the use to which the parking is accessory. Said lot containing the parking shall be owned or leased to the owner of the principal use, or the lot containing the parking shall be dedicated to parking for as long as the use to which it is accessory shall continue, and it is owned by an entity capable of assuring its maintenance as accessory parking.

Design standards for Option 1, 2 and 3 subdivisions.

(1)

House lots shall not encroach upon constrained lands (primary conservation areas) as defined in § 400-601D(5) herein, and their layout shall respect secondary conservation areas, as described in both this chapter and in Chapter 345, Subdivision and Land Development.

(2)

All new dwellings shall meet the following setback requirements:

(a)

From all external road ultimate right-of-way: 100 feet.

(b)

From all other tract boundaries: 50 feet.

(c)

From cropland or pasture land: 100 feet.

(d)

From buildings or barnyards housing livestock: 300 feet.

(e)

From active recreation areas such as courts or playing fields (not including tot lots): 150 feet.

(3)

Views of house lots 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 Chapter 345, Subdivision and Land Development.

(4)

House lots shall generally be accessed from interior streets, rather than from roads bordering the tract.

(5)

At least 3/4 of the lots shall directly abut or face conservation open space across a street (except that in Option 3: Villages, this fraction shall be 1/2).

(6)

Standards pertaining to the quantity, quality, configuration, ownership, and maintenance of the conservation open space are contained in § 400-601F through H.

Conservation open space use and design standards. Protected conservation open space in all subdivisions shall meet the following standards:

(1)

Prioritized list of resources to be conserved. The location of proposed conservation open space shall take into consideration the open space and potential trail corridor recommendations of the Township and the resources identified on the Map of Primary Conservation Areas. During the development review process, the Township shall be satisfied that the applicant has incorporated the following resources, listed in order of priority, into the conservation open space to the fullest extent practicable:

(a)

Lands within the one-hundred-year floodplain, wetlands, lakes, ponds, watercourses, areas greater than 1,000 square feet in size containing rock outcrops, boulder fields and/or soils with bedrock at the surface and slopes in excess of 25%.

(b)

Hydric soils, swales, springs, lowland areas other than wetlands.

(c)

Moderately steep slopes between 15% and 25%, particularly those adjoining watercourses and ponds, where disturbance and resulting soil erosion and sedimentation could be detrimental to water quality.

(d)

Healthy woodlands, particularly those performing important ecological functions such as soil stabilization and protection of streams, wetlands and wildlife habitats.

(e)

Areas where precipitation is most likely to recharge local groundwater resources because of topographic and soil conditions affording high rates of infiltration and percolation.

(f)

Hedgerows, groups of trees, large individual trees of botanic significance, and other vegetative features.

(g)

Historic structures and sites.

(h)

Visually prominent topographic features such as knolls, hilltops and ridges, and scenic viewsheds as seen from public roads (particularly those with historic features).

(i)

Existing trails, especially those connecting the tract to other locations in the Township.

(j)

Class I, II and III agricultural soils as defined by the United States Department of Agriculture, Natural Resources Conservation Service's County Soil Survey for Monroe County.

(2)

Uses permitted on conservation open space. The following uses are permitted in conservation open space areas:

(a)

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

(b)

Agricultural and horticultural uses, including raising crops or livestock, wholesale nurseries, associated buildings, excluding residences, that are specifically needed to support an active, viable agricultural or horticultural operation. Specifically excluded are commercial livestock operations involving swine, poultry, mink and other animals likely to produce highly offensive odors.

(c)

Pastureland for horses used solely for recreational purposes. Equestrian facilities shall be permitted but may not consume more than half of the minimum required conservation open space.

(d)

Forestry, in keeping with established best management practices for selective harvesting and sustained-yield forestry.

(e)

Neighborhood open space uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses specifically excluding motorized off-road vehicles, rifle ranges, and other uses similar in character and potential impact as determined by the Board.

(f)

Active noncommercial recreation areas, such as playing fields, playgrounds, courts, and bikeways, provided such areas do not consume more than half of the minimum required conservation open space or five acres, whichever is less. Playing fields, playgrounds, and courts shall not be located within 100 feet of abutting properties. Parking facilities for the same shall also be permitted, and they shall generally be gravel-surfaced, unlighted, properly drained, provide safe ingress and egress, and contain no more than 10 parking spaces.

(g)

Golf courses, including their parking areas and associated structures, may comprise up to half of the minimum required conservation open space, but shall not include driving ranges or miniature golf.

(h)

Public or community water supply and sewage disposal systems, and stormwater detention areas designed, landscaped, and available for use as an integral part of the open space.

(i)

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

(j)

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.

(3)

Open space design standards.

(a)

Conservation open space shall be laid out in general accord with the Primary Conservation Areas Map to ensure that an interconnected network of open space will be provided. The required conservation open space consists of a mixture of Primary Conservation Areas (PCAs), all of which must be included, and Secondary Conservation Areas (SCAs). PCAs comprise floodplains, wetlands, slopes over 25% and areas greater than 1,000 square feet in size containing rock outcrops, boulder fields and/or soils with bedrock at the surface. SCAs should include special features of the property that would ordinarily be overlooked or ignored during the design process. Examples of such features are listed and described in the Open Space Design Review Standards of Chapter 345, Subdivision and Land Development.

(b)

In Option 1 and 2 subdivisions, the conservation open space comprises a minimum of 50% and 55% of the adjusted tract area plus an area equal to all of the constrained land, respectively. (However, in no instance shall the required conservation open space exceed 80% of the total tract area.) This land shall generally remain undivided and may be owned and maintained by a homeowners' association, land trust, another conservation organization recognized by the Township, or by a private individual. However, in no case shall less than 30% of the land comprising the total tract area be available for the common use and passive enjoyment of the subdivision residents. These ownership options may be combined so that different parts of the conservation open space may be owned by different entities.

(c)

Up to 5% of the total tract acreage in any of the options may be subject to the Township's public land dedication requirement (typically to provide potential connections with a Township long-range trail network and other Township recreational land).

(d)

Buffers for adjacent public parkland. Where the proposed development adjoins public parkland, a natural open space buffer at least 150 feet deep shall be provided within the development along its common boundary with the parkland, within which no new structures shall be constructed, nor shall any clearing of trees or understory growth be permitted (except as may be necessary for street or trail construction). Where this buffer is unwooded, the Board may require vegetative screening to be planted, or that it be managed to encourage natural forest succession through "no-mow" policies and the periodic removal of invasive alien plant and tree species.

(4)

Other requirements.

(a)

No portion of any building lot may be used for meeting the minimum required conservation open space. However, active agricultural land with farm buildings, excluding areas used for residences, may be used to meet the minimum required conservation open space.

(b)

Pedestrian and maintenance access, excluding those lands used for agricultural or horticultural purposes in accord with § 400-601C herein, shall be provided to conservation open space in accord with the following requirements:

[1]

Each neighborhood shall provide one centrally located access point per 15 lots, a minimum of 35 feet in width.

[2]

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

(c)

All conservation open space areas that are not wooded or farmed shall be landscaped as required by the Board of Supervisors.

(5)

Other design considerations. The configuration of proposed conservation open space set aside for common use in residential subdivisions shall be consistent with the following standards:

(a)

It shall be free of all structures except historic buildings, stone walls, structures related to open space uses, and those structures specifically permitted in § 400-601F. The Board of Supervisors may grant approval of structures and improvements required for storm drainage within the conservation open space, provided that such facilities would not be detrimental to the conservation open space. The acreage of lands required for such uses shall not be credited towards minimum conservation open space acreage requirements for the tract, unless the land they occupy is appropriate for passive recreational use. However, in no case shall more than 50% of the conservation open space be occupied by stormwater management facilities and related infrastructure. At least 25% of the conservation open space shall be free of structures or infrastructure of any type and the site constraints outlined in § 400-601D(5) of this chapter.

(b)

It shall generally not include parcels smaller than three acres, have a length-to-width ratio of less than 4:1, or be less than 75 feet in width, except for such lands specifically designed as neighborhood greens, playing fields or trail links.

(c)

It shall be directly accessible to the largest practicable number of lots within the subdivision. Nonadjoining lots shall be provided with safe and convenient pedestrian access to conservation open space.

(d)

It shall be suitable for active recreational uses to the extent deemed necessary by the Board of Supervisors without interfering with adjacent dwelling units, parking, driveways, and roads.

(e)

It shall be interconnected wherever possible to provide a continuous network of conservation open space within and adjoining the subdivision.

(f)

It shall provide buffers to adjoining parks, preserves or other protected lands.

(g)

Conservation open space shall provide for pedestrian pathways for use by the residents of the subdivision and/or the Township. Consideration shall be given to providing for public access on such trails if they are linked to other publicly accessible pathway systems within the Township. Provisions should be made for access to the conservation open space, as required for land management and emergency purposes.

(h)

It shall be undivided by public or private streets, except where necessary for proper traffic circulation.

(i)

It shall be suitably landscaped either by retaining existing natural cover and wooded areas and/or according to a landscaping plan to protect open space resources.

(j)

It shall be consistent with the policies of the Township's Comprehensive Plan.

Permanent open space protection through conservation easements. In Option 1, 2, and 3 subdivisions, the required conservation open space shall be subject to permanent conservation easements prohibiting future development and defining the range of permitted activities. (For example, the clearing of woodland habitat shall generally be prohibited, except as necessary to create trails, active recreation facilities, and to install subsurface septic disposal systems or spray irrigation facilities.) The determination of necessity shall lie with the Board. A list of allowed uses of conservation open space is contained in § 400-601C and F.

Ownership and maintenance of conservation open space and common facilities. All open space and common facilities shall be owned and maintained in accord with Article X and Article V, Improvement Construction and Guarantees and Open Land, of Chapter 345, Subdivision and Land Development.

Discretionary density bonuses. Additional density may be allowed by the Board when one of the following public purposes is proposed:

(1)

Public usage of conservation open space. The Board 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 conservation open space in new subdivisions shall be computed on the basis of a maximum of one dwelling unit per five acres of conservation open space or per 2,500 feet of trail that becomes publicly accessible. The decision whether to accept an applicant's offer to dedicate conservation open space to public usage within a proposed subdivision shall be at the discretion of the Board, which shall be guided by the recommendations contained in the Township's Comprehensive Plan, particularly those sections dealing with active recreational facilities and passive trail networks.

(2)

Endowment for open space maintenance.

(a)

When conservation open space is to be donated to a land trust or to the Township, the Board may allow up to a 10% density bonus to generate additional income to the applicant for the sole purpose of endowing a permanent fund to offset continuing costs of maintaining the conservation open space (involving activities such as mowing meadows, removing invasive species, 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, and with experience in managing conservation land and recreational facilities.

(b)

Because additional dwellings, beyond the maximum that would ordinarily be permitted, may reasonably be considered to be net of development costs and represent true profit, 75% of the net selling price of the endowment lots shall be donated by the applicant to the Open Space Maintenance Endowment Fund for the conservation open space within the subdivision. This fund shall be transferred by the developer to the designated entity with ownership and maintenance responsibilities at the time this entity is created.

(c)

When estimating the projected maintenance costs of the conservation open space, conservation open space 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 for conservancy lots or 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 are 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.

(3)

Implementation. For each of the above categories of public purposes, density bonuses may be implemented by reducing the amount of required conservation open space by up to 10%, reducing the minimum lot area requirements by up to 10%, or by a combination of these approaches, at the discretion of the Board. The cumulative reductions may total up to 20%, if the Board is satisfied that the public purposes are being served.

(4)

Age-restrictive development. When the conservation subdivision is to be restricted to residents of the age of 55 and older, a 25% density bonus may be achieved by the applicant at the discretion of the Board. The development must adhere to the following:

(a)

The dwellings must be deed restricted to the satisfaction of the Township to persons at least 55 years of age and their spouses with no children routinely living in the development under the age of 18, and must satisfy all requirements of state and federal laws and regulations for age-qualified developments.

(b)

Prior to final approval of the development plans, the Township must be satisfied with and agree to the legal arrangements and contracts to ensure the age restrictions will be adhered to.

(c)

A minimum tract size of nine acres is required.

(d)

A maximum density of five dwelling units per acre is permitted.

(e)

The dwelling units shall be designed as a single architectural project and shall not detract from the character of the surrounding neighborhood.

(f)

Unit types allowed shall include single-family detached, two-family and townhouse units up to four units in a row which shall not exceed 132 feet in length.

(g)

All other dimensional standards of the appropriate density option shall be satisfied.

(h)

If the total development includes more than 50 units, then a community center must be provided for residents and their occasional guests. The community center may include a library, exercise room, craft shop, restroom facilities, restaurant, kitchen and dining area and community room.

§ 400-602 Two-family dwellings.

Where permitted by the Schedule of Uses, two-family dwellings shall comply with the requirements of this § 400-602 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.[1]

[1]

Editor's Note: The Schedule of Development Standards is included as an attachment to this chapter.

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.[2] 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.

[2]

Editor's Note: The Schedule of Development Standards is included as an attachment to this chapter.

Conversions. See § 400-604.

§ 400-603 Multifamily dwellings.

Multifamily projects are permitted in certain districts in accord with the Schedule of Uses in order to provide the opportunity for the development of a variety of housing types in the Township.

Project design process and procedure.

(1)

Subdivision and land development. Multifamily projects shall be considered major subdivisions and land developments also subject to Chapter 345, Subdivision and Land Development. This "major subdivision" classification shall apply to all subdivision of property in connection with the development, regardless of whether or not the same are connected with building development, and the approvals required shall be requested and acted upon concurrently as one subdivision.

(2)

Design process and procedure. All multifamily projects shall be designed and processed in accord with the adjusted tract acreage approach requirements for conservation design developments contained in § 400-601D(4)(a) and Chapter 345, Subdivision and Land Development.

(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. Open space area 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 the same manner as required for conservation design developments in § 400-601.

Table 603.2 Multifamily Dwelling Standards
Project Standards	Townhouses	Garden Apartments	Apartment Buildings
Minimum size for project parcel (acres)	6	4	2
Density - number of dwelling units per acre of usable land area [See § 400-601D(4)(a) for adjusted tract acreage]	2	3	4
Maximum number of dwelling units per building	6	8	12
Maximum building height (feet)	35	35	35
Maximum lot coverage	—	40%	50%
Additional Townhouse Standards
Minimum lot size for townhouse units for individual sale		1,000 square feet
Minimum lot width at house location		18 feet
Minimum front and rear setback		20 feet front/15 feet rear
Minimum side setback for end unit		15 feet
Maximum lot coverage for individual townhouse parcels		75%

Bulk and density standards; parcel configuration. The bulk and density factors listed on Table 603.2 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.

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 345, Subdivision and Land Development, for minor roads. Direct access of individual parking spaces to a minor 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 not less than 15 feet in width shall be provided in accord with § 400-702C where multifamily structures adjoin existing single-family dwellings, two-family dwellings or any RR or R-1 District. In all cases, a landscaping plan shall be prepared and submitted by the developer for approval by the Township.

(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 345, Subdivision and Land Development.

(6)

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

(7)

Architectural renderings. Preliminary architectural renderings, models or photos for multifamily dwelling projects of more than 10 dwelling units shall be provided at the time of submission of the conditional use application. The exterior appearance of the building(s) shall be unified in type, design, and exterior wall treatment, and so constructed and maintained in order to retain the residential character of the neighborhood. Fire escapes, when required, shall be in the rear of the building and shall not be located on any wall facing a street unless any building, fire or other code so requires.

(8)

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

(9)

Parking. Parking for multifamily dwelling projects shall comply with § 400-505.

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

Conversions of existing structures. Conversions of any existing structures to multifamily dwelling use, regardless of whether such conversions involve structural alteration, shall be subject to the provisions of this § 400-603, including, but not limited to, § 400-603B. (See also § 400-604.)

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 Article X. 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 a community water supply and a community sewage disposal system each guaranteed by financial security as required by the Board of Supervisors.

§ 400-604 Conversion to dwellings.

Any conversion of any building to a residential use or the conversion of any dwelling to accommodate additional dwelling units shall comply with the standards in this § 400-604 and the other requirements applicable to the dwelling type to which conversion is proposed. The conversion of any building into a dwelling or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families shall be permitted only within a district in which a new building for similar occupancy would be permitted under this chapter and only when the resulting occupancy will comply with the requirements governing new construction in such district with respect to dwelling unit, living space, lot coverage, dimensions of setbacks and other open spaces, off-street parking, and other applicable standards.

§ 400-605 Group homes.

Group homes shall be permitted in any lawful single-family dwelling unit in accord with the Schedule of Uses, this § 400-605 and other applicable standards of this chapter.

Definition. See definition in Article III.

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

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

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 § 400-702C of this chapter.

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.

§ 400-606 Assisted-care dwelling unit for relative.

Applicable regulations. The applicant shall demonstrate that the assisted care dwelling unit satisfies all other requirements of this chapter, as well as Pennsylvania Department of Environmental Protection Regulations, the Uniform Construction Code,[1] and any other relevant regulations and ordinances.

[1]

Editor's Note: See Ch. 170, Construction Standards, Art. I, Enforcement of Uniform Construction Code.

Discontinued use. Applicant shall demonstrate that the assisted-care dwelling unit can be converted or returned to part of the principal dwelling unit or, if contained in a separate structure, converted into another principal or accessory use permitted by right in the applicable zoning district. The assisted-care dwelling unit shall no longer be used and shall be returned to and become part of the principal dwelling unit or accessory use once no longer occupied by the relative.

Written agreement. Applicant shall execute a legally binding written agreement to be kept on file with the Township, which shall provide that the dwelling unit shall be occupied only by relatives in accord with the Zoning Ordinance, and further providing the names and ages of such relatives.

Permit. If approved, a permit shall be issued which must be renewed annually by the applicant, at which time applicant must provide names and addresses of the occupants of such unit and certify the age or disability of such occupant. The property may be inspected annually by the Zoning Officer upon reasonable notice. A permit not renewed shall automatically expire.

§ 400-607 Size of dwellings.

In order to promote the public health, safety and welfare of occupants of residential dwelling structures, the following minimum floor areas for human habitation shall be required in all dwelling units designed for permanent occupancy.

Single-family detached dwellings. The minimum floor space for human habitation in a single-family detached dwelling unit shall be 950 square feet.

Two or more dwelling unit structures. Minimum floor space for human habitation in any structure containing two or more dwelling units shall meet the following requirements:

Number of Bedrooms	Minimum Floor Space (square feet)
Efficiency unit	400
1-bedroom unit	550
2-bedroom unit	650
3-or-more-bedroom unit	775 + 100 for each additional bedroom

Width of dwelling unit. No dwelling unit shall be less than 12 feet wide.

§ 400-608 Mobile homes.

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

(1)

Mobile homes shall contain a minimum of 950 square feet of living space.

(2)

Mobile homes shall be installed upon a full continuous masonry foundation with appropriate frost-free footers and shall have permanent steps.

(3)

Mobile homes shall have the wheels, axles and hitches removed prior to placement upon the above-mentioned full continuous masonry foundation. The mobile home must be fully secured to said masonry foundation.

(4)

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

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

(1)

Mobile homes shall contain a minimum of 700 square feet of living space.

(2)

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

§ 400-609 Functional families.

Purpose. This § 400-609 is to provide for the regulation of functional families that may request to reside in a dwelling unit and to prohibit larger groups of unrelated persons from residing in dwelling units. Larger groups of unrelated persons have been frequently shown to have a detrimental effect on residential neighborhoods since larger groups of unrelated persons do not live as a family unit and do not have significant economic or emotional ties to the neighborhood.

Special exception; standards. The Zoning Hearing Board shall consider each application for a functional family as a special exception in accord with the standards of § 400-1209D 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.

§ 400-610 Lot averaging.

The intent of this § 400-610 is to provide for more flexibility in the development of areas with environmental features, to conserve environmentally sensitive areas and encourage the development of physically suitable areas, as well as to provide flexibility for coordination with various governmental programs, while maintaining the lower density of the RR District.

Lot averaging may be permitted as a conditional use in the RR District only, subject to the following requirements and standards:

(1)

The parcel to be subdivided shall have a minimum area of 11 acres.

(2)

When lot averaging is approved by the Board of Supervisors, a maximum of 20% of the total net parcel area may be subdivided into lots which do not meet the area and/or dimensional requirements of the RR District but which meet or exceed the area and dimensional requirements of the R-1 District.

(3)

The average net lot area of the lots subdivided from a parcel using lot averaging shall meet the minimum lot area requirement of the RR District. A plan must be included with the conditional use application to demonstrate that the requirements of this section will be met.

(4)

Any lot less than the required two-acre net lot area shall be used only for a single-family dwelling and permitted accessory buildings or uses.

Net lot/parcel area for the purposes of lot averaging equals the gross tract area minus the constrained land (described below).

(1)

Constrained land equals the sum of the following:

(a)

(b)

Private streets: multiply the acreage of land under existing private streets by 1.0.

(c)

Wetlands: multiply the acreage of designated wetlands by 0.95.

(d)

Floodway: multiply the acreage within the floodway by 1.0.

(e)

Floodplain: multiply the non-wetland portion of the one-hundred-year floodplain by 0.5.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(f)

Ponds, lakes and streams: multiply the acreage of ponds, lakes and streams by 1.0.

(g)

Drainage easements: multiply the acreage of all permanent drainage easements by 1.0.

(h)

Slopes 25% or greater: multiply the acreage of all slopes 25% or greater by 0.8.

(2)

Lot Averaging Illustration
-	Property with on-site water and on-site sewage for each new lot
-	Tract size 100 acres conventional zoning 1 unit/2 acres with a maximum of 50 two-acre lots. (Roads and other improvements not included.)
-	Lot averaging tract size 100 acres
-	20% maximum of 1 acre lots
	Number of Lots	Lot Size
	20	1 acre	20 acres of parent tract
	20	3 acres	60 acres of parent tract
	10	2 acres	20 acres of parent tract
	50 lots	Varies	100 acres of parent tract (roads and other improvements not included)

§ 400-611 Recreational cabins.

[Amended 2-28-2022 by Ord. No. 2022-02]

In addition to all other applicable requirements, the standards in this § 400-611 shall apply to recreational cabins.

A recreational cabin is a permitted use in an R-1 or RR Zoning District only;

A recreational cabin must be located on a lot area of no less than five acres;

The maximum height of a recreational cabin shall be one story with a building height not to exceed 15 feet;

The recreational cabin must have an approved on-site septic system;

The recreational cabin shall be for temporary occupancy, with maximum occupancy per calendar year of six months;

No mail delivery or private deliveries are permitted;

The cabin must be equipped with at least one smoke detector, one fire extinguisher and one carbon monoxide detector on all levels and to include the kitchen and sleeping quarters;

The property must also have an E-911 sign at the appropriate location pursuant to Township requirements;

Access to a recreational cabin must be a mud-free stone/shale driveway that is accessible by emergency vehicles. The driveway shall be no less than 12 feet wide with an additional four feet of cleared area on each side of the driveway. Access to a lot which contains a recreational cabin shall meet the standards of § 400-502H;

The property shall be subject to reasonable inspection by the Township upon reasonable notice;

All recreational cabins must be properly addressed in accordance with Township requirements; and

Act 92 of 2004 provides that recreational cabins may be excluded from the requirements of the Uniform Construction Code if all the following are met:

(1)

Equip with at least one smoke detector, one fire extinguisher and one carbon monoxide detector on all levels and to include the kitchen and sleeping quarters.

(2)

File with Polk Township either of the following:

(a)

The Department of Labor and Industry affidavit form (UCC-13) attesting to the fact that the structure meets the definition of a "recreational cabin" found in Section 103 of Act 92.

(b)

Written proof of insurance from an insurer authoirzed to do business in the Commonwealth of Pennsylvania stating that the structure meets the definition of a "recreational cabin" found in Section 103 of Act 92.

(3)

Provide written notice in the sales agreement and the deed, upon sale of a recreational cabin which has been excluded from UCC construction requirements, that:

(a)

The structure is exempt from the requirements of the UCC.

(b)

The structure may not be in conformance with the UCC.

(c)

The structure is not subject to municipal construction regulations.

(d)

A failure to provide this notice shall void the sale, at the option of the purchaser.

§ 400-612 Recreational vehicles.

[Added 2-28-2022 by Ord. No. 2022-02]

A recreational vehicle that is occupied shall be subject to the following standards:

(1)

A recreational vehicle which is occupied for a period of 30 consecutive days shall require a permit, which must be reissued for each successive thirty-day period;

(2)

No recreational vehicle shall be occupied for more than 90 days in any calendar year;

(3)

The recreational vehicle shall maintain setbacks required for principal structures in the district in which it is located;

(4)

Construction of roofovers, decks, enclosed or covered porches, screened enclosures or any other accessory structure shall be prohibited;

(5)

Factory produced awnings attached to the recreational vehicle shall be permitted; and

(6)

The applicant shall provide documentation of sewage disposal meeting all Township requirements.

Access to an occupied recreational vehicle must be a mud-free stone/shale driveway that is accessible by emergency vehicles. The driveway shall be no less than 12 feet wide with an additional four feet of cleared area on each side of the driveway. Access to a lot which contains an occupied recreational vehicle shall meet the standards of § 400-502H.

The above regulation shall not apply to a campground or recreational vehicle park.

Only one recreational vehicle shall be permitted per lot.