Borough of Royersford, PA Article VIII R-4 Residence District

§ 475-46 Legislative intent.

A. In expansion of the declaration of legislative intent contained in Article I, § 475-2, of this chapter and the statement of community development objectives contained in Article I, § 475-4, of this chapter, it is hereby declared to be the intent of this Article VIII with respect to the R-4 Residence District to establish reasonable controls and standards of performance for low-rise apartment dwellings, and mid-rise apartment dwellings as a conditional use, in those areas of Royersford where the existing community character, highway access, and proximity to commercial facilities and employment centers would most readily accommodate the highest intensity of residential development permitted in the Borough.

B. Furthermore, it is the intent of this Article VIII to establish reasonable standards of performance and to promote the development of safe and adequate housing for the elderly, as defined in this chapter, when applied for as a conditional use in the R-4 Residence District. The development of housing for the elderly shall be encouraged in those locations which will provide maximum accessibility to park and recreation areas, shopping, and public transportation opportunities. Standards shall be set forth which will ensure that such housing will provide appropriate safety features to meet the needs of prospective residents and will include ancillary, on-site recreational and community facilities as an integral part of the development plan. It shall be guaranteed through appropriate legal and/or administrative means that said housing will be occupied solely by elderly residents as defined in this chapter.

C. Appropriate density standards and parking space requirements which reflect the needs of the prospective residents of housing for the elderly, while providing necessary controls to ensure that such housing will not exert an adverse impact on surrounding neighborhoods or on the general welfare of the residents of the Borough of Royersford, shall be established.

§ 475-47 Permitted uses.

[Amended 9-9-2003 by Ord. No. 781]

In an R-4 Residence District, a building may be erected, altered or used, and a lot may be used or occupied for any of the following uses and no other:

A. Low-rise apartments.

B. Parks, playgrounds, tot lots, and open space.

C. No-impact home-based business.

D. Any of the following when authorized as a conditional use by the Borough Council, subject to the standards and criteria set forth in § 475-50 herein:

(1) Mid-rise apartments.

(2) Housing for the elderly.

(3) Indoor recreation facility, community center or similar use.

(4) Professional office or studio.

(5) Institutional uses, in compliance with the institutional use standards in Article XI.

[Amended 8-9-2016 by Ord. No. 883]

E. Accessory uses on the same lot with and customarily incidental to any permitted use.

F. Forestry.

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

§ 475-48 Development regulations.

The following regulations shall apply to any development proposal in an R-4 Residence District:

A. Ownership. The tract of land to be developed shall be in one ownership, or shall be the subject of an application filed jointly by the owners of the entire tract, and it shall be agreed that the tract will be developed under single direction in accordance with an approved plan. Development of the tract shall commence within three years of approval under this Article VIII or the zoning of said tract shall revert to its former zoning classification. Transfer of ownership to another applicant prior to the commencement of construction shall render the development agreement required in Subsection C herein void. Said agreement shall then be renegotiable between the new owner(s) and the Borough Council.

B. Sewer and water facilities. The tract of land shall be served by public sewer facilities and centralized water facilities deemed acceptable by the Borough Council and the Pennsylvania Department of Environmental Protection, upon recommendation of the Borough Engineer.

C. Development plan. The development of a tract carried out in either a single phase or in stages shall be executed in accordance with a development agreement. The owner, developer, and Borough shall enter into said agreement embodying all details regarding compliance with this Article VIII to ensure the binding nature thereof on the overall tract and its development, which agreement shall be recorded with the final development plan.

D. Parking. Not less than two off-street parking spaces shall be required for each dwelling unit.

(1) In addition to parking provided for dwelling units, other permitted uses, where included, shall be provided with parking space in accordance with Article XVII herein.

(2) Common parking areas for six or more cars shall be placed so as not to interfere with any recreation or service area and shall be located not less than 15 feet from property lines or street ultimate right-of-way lines. Parking setbacks may be eliminated when parking facilities abut adjacent commercial developments.

(3) For parking areas storing 10 or more cars, not less than 10% of the area devoted to parking facilities shall consist of interior parking lot landscaping.

E. Access. Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving a development in an R-4 Residence District without causing undue congestion or interference with the normal traffic flow. The Planning Commission shall review the adequacy of the street intended to carry the additional traffic generated by the development, as well as the planned access points intended to serve the proposed development.

F. Signs. All signs erected in an R-4 Residence District shall be in accordance with Article XVIII, Signs, of this chapter.

G. Utilities. All utility lines (electrical, telephone, etc.) shall be placed underground.

H. Common areas and facilities. The developer shall provide a minimum of 30% of the total site area as open space usable for active or passive recreation by the residents of the development. Any common area shall first be offered for dedication to the Borough. In addition, the developer shall give consideration to the provisions of community areas, laundry facilities, playgrounds, tot lots, and other amenities necessary for the comfort and convenience of apartment residents. Provisions satisfactory to Borough Council must be made for the care and maintenance of common facilities. Use of these facilities may be restricted to residents of the development and may be maintained by the developer, a homeowners' association or similar entity.

I. Lighting facilities. Lighting facilities shall be provided as needed and arranged in a manner which will protect the highway and neighboring properties from unreasonable direct glare or hazardous interference of any kind. Lighting facilities shall be required where deemed necessary for the safety and convenience of the residents of the development as determined by the Borough Engineer and shall be installed by the developer at his expense.

J. Buffer area. A development located in an R-4 Residence District shall have a permanent landscaped planting area of at least 10 feet in depth designed to soften the visual impact of the proposed development on abutting properties. This requirement may be reduced or waived by the Borough Council when the proposed development abuts a publicly owned park or when existing vegetation on abutting properties achieves the same effect. Any request for reduction or waiver of the buffer requirements shall be submitted in writing to the Borough Council and shall be accompanied by a site plan indicating the placement of buildings within the proposed development and the location of contiguous public open space and/or existing vegetation on adjacent properties. The Planning Commission shall review any such request and shall submit its recommendations to the Borough Council.

K. Service. Areas for loading and unloading of delivery trucks and other vehicles and for the servicing of refuse collection, fuel and other services shall be provided and shall be adequate in size. Such areas shall be so arranged that they may be used without blockage or interference with the use of accessways or automobile parking areas. Common refuse collection areas shall be shielded from the direct view of any adjacent property by walls which measure a minimum of six feet in height.

§ 475-49 Development regulations for low-rise apartment developments.

The following regulations shall apply to all proposals for low-rise apartment developments in an R-4 Residence District:

A. Tract size. A minimum tract size of 40,000 square feet, excluding the existing rights-of-way of all public roads, shall be required. The minimum lot width at the building line shall be 200 feet. The minimum lot width at the street line shall be 50 feet.

B. Density. The maximum permitted density shall be 15 dwelling units per developable acre.

C. Height. The maximum height of buildings or structures hereinafter erected or enlarged as low-rise apartment dwellings in an R-4 Residence District shall be 35 feet, not to exceed three stories, exclusive of basements. For any building or structure accessory to a dwelling, the maximum height shall be 20 feet.

D. Building coverage. Not more than 30% of the area of each development may be occupied by buildings.

E. Setback from streets. There shall be a minimum building setback from the street line on which the development abuts which shall be not less than 25 feet in depth.

F. Setback from property lines. There shall be a minimum building setback from any property line of not less than 25 feet.

G. Distance between buildings. The horizontal distance between buildings shall be not less than 25 feet.

H. Impervious coverage. Not more than 60% of the area of each development may be impervious.

[Added 1-10-2023 by Ord. No. 924]

§ 475-50 Conditional use standards and criteria.

[Amended 9-26-1989 by Ord. No. 704]

Prior to granting approval of a conditional use in the R-4 Residence District, as provided for in § 475-45C herein, the Borough Council shall be assured that the proposed use meets the standards of § 475-30 of this chapter as well as the requirements listed below:

A. Mid-rise apartments. Mid-rise apartments shall comply with the requirements of § 475-51, Development regulations for mid-rise apartments, herein.

B. Housing for the elderly. Housing for the elderly shall comply with the requirements of § 475-52, Housing for the elderly, herein.

C. Indoor recreation facility. Indoor recreation facilities, community centers and similar uses shall be intended solely for the use of the prospective residents of the development.

D. Professional office or studio.

(1) The total floor area used for professional offices and/or studios shall not exceed 20% of the total first floor area of the proposed apartment development.

(2) The total number of parking spaces in the apartment development shall equal the total required for the number of dwelling units, plus additional parking spaces for the office and studio uses, as required by Article XVII, Off-Street Parking and Loading, herein.

§ 475-51 Development regulations for mid-rise apartment developments.

The following regulations shall apply to the proposals for mid-rise apartment developments as a conditional use in the R-4 Residence District:

A. Tract size. A minimum tract size of 65,000 square feet, excluding the existing rights-of-way of all public roads, shall be required. The minimum lot width at the building line shall be 225 feet. The minimum lot width at the street shall be 50 feet.

B. Density. The maximum permitted density shall be 20 dwelling units per developable acre.

C. Height. The maximum height of buildings or structures hereinafter erected or enlarged as mid-rise apartment dwellings in an R-4 Residence District shall be 55 feet, not to exceed five stories, exclusive of basements. For any building or structure accessory to a dwelling, the maximum height shall be 20 feet.

D. Building coverage. Not more than 20% of the area of each mid-rise apartment development may be occupied by buildings.

E. Setback from streets. There shall be a minimum building setback from the street line on which the development abuts which shall be not less than 50 feet in depth.

F. Setback from property line. There shall be a minimum building setback of 50 feet from any property line that abuts another residential district line. There shall be a setback of 25 feet from any property line that abuts a commercial or industrial district or other apartment development.

G. Distance between buildings. The horizontal distance between buildings shall be not less than 50 feet.

H. Impervious coverage. Not more than 50% of the area of each development may be impervious.

[Added 1-10-2023 by Ord. No. 924]

§ 475-52 Housing for the elderly.

The following requirements shall govern the development of housing for the elderly as a conditional use in the R-4 Residence District. All other applicable regulations contained in §§ 475-48, 475-49, and 475-50 herein which are consistent with these requirements shall also apply.

A. Development regulations. The following special development regulations shall apply to housing for the elderly in the R-4 Residence District:

(1) Density. The maximum permitted density of housing for the elderly shall be 30 dwelling units per developable acre in a low-rise apartment development and 40 dwelling units per developable acre in a mid-rise apartment development.

(2) Parking. Not less than one off-street parking space shall be required for every two dwelling units in an apartment development designed as housing for the elderly.

(3) Common areas and facilities. A minimum of 30% of the total site area shall be devoted to common areas and facilities. No less than 50% of this area shall be maintained as open space usable for recreational and leisure-time activities of prospective residents of housing for the elderly. The remaining portion may be used for plazas, arcades, pedestrian ways, and other facilities (excluding roads, access driveways, and parking areas) available for use by residents of the development and the general public. In addition, a developer of housing for the elderly shall be required to provide a community room, indoor recreation area, or similar facility within every principal residential building.

(4) Minimum dwelling unit requirements. There shall be a maximum of one bedroom per dwelling unit. Each dwelling unit having one bedroom shall contain not less than 600 square feet of floor space and each efficiency dwelling unit (one room containing living and sleeping areas and cooking facilities with separate sanitary facilities) shall contain not less than 450 square feet of floor area.

(5) Safety features. Housing for the elderly shall include the following safety features:

(a) Ramps, doors and elevators of sufficient width to accommodate a horizontal stretcher or wheelchair.

(b) Nonskid floor surfaces.

(c) Electric cooking stoves with controls accessible to a person in a wheelchair.

(d) Stall showers in no less than 50% of the proposed dwelling units.

(e) Grab bars around tubs, shower stalls, and toilets.

(f) Permanent electrical or central heating.

(g) Emergency signals which ring in adjoining dwelling units or at a central location.

(h) Ionization (products of combustion) smoke and fire detectors in each dwelling unit.

(i) Electric outlets not less than 24 inches above the floor.

(j) Handle-type spigots and doorknobs.

(k) No thresholds shall be permitted for interior doors.

(l) Proposed developments shall also comply with the most recent edition of Minimum Property Standards, Volume I, for housing for the elderly, issued by the United States Department of Housing and Urban Development. Where said requirements are more restrictive or additive than the requirements specified herein, the requirements of said publication shall apply.

B. Plan submission requirements. A developer of housing for the elderly shall satisfy all procedural requirements of Chapter 420, Subdivision and Land Development, and § 475-52 herein and shall furnish sufficient documentation indicating compliance with the development regulations contained in § 475-51A herein.

C. Procedures. In the R-4 Residence District, a developer may apply to the Borough Council for approval to develop housing for the elderly as a conditional use subject to the standards and requirements set forth herein. In addition to seeking the advice of the Borough Planning Commission, the Borough Council shall, at least 30 days prior to the public hearing on the proposed conditional use application, seek the recommendation of the Montgomery County Planning Commission, the Montgomery County Office of Housing and Community Development, and other technical or professional advisory agencies knowledgeable on the subject in question in order to more effectively evaluate the merits of the proposal.

D. Guaranteed occupancy. The developer shall file with the Borough Secretary a covenant, endorsed by the Borough Solicitor, in which said owner shall covenant on behalf of himself, his heirs, executors and assigns that the subject property shall be used solely for the purpose of housing for the elderly.

§ 475-53 Procedural requirements.

An application for development in an R-4 Residence District shall be accompanied by a plan, or plans, showing the detailed use of the entire tract, which plan or plans shall comply with all requirements of other applicable ordinances of the Borough and which shall clearly designate the proposed use(s) of each area of the tract. Development plans required in this district shall include the following:

A. The location and size of the site with evidence supporting the general adequacy of the site to accommodate the magnitude of the proposed development.

B. The proposed residential density and the area planned for any nonresidential uses.

C. The location, size, accessibility and proposed uses of the required open spaces, manner of ownership and maintenance, and a copy of the covenant to be incorporated in the individual deeds, if applicable.

D. The location of proposed utility and drainage systems.

E. Total number and location of all off-street parking spaces.

F. Plans and renderings indicating the design and placement of buildings and landscaping within the proposed development.

G. The text of covenants, easements, and existing restrictions or those to be imposed upon the land or structure, including provisions for public utilities.

H. In the case of plans involving staged development over a period exceeding one year, a schedule showing the time and manner of completion of all phases of construction.