A.
The intent of Article VII is to develop certain land use and development requirements for residential uses within Muhlenberg Township. The provisions of Article VII are intended to supplement and not replace the zoning district regulations which are further specified under Article IV of this chapter.
B.
For the purposes
of this chapter, "residential uses" shall include all single-family
detached dwelling units, single-family semidetached dwelling units,
two-family detached dwelling units, townhouse units, apartment units,
condominiums, multifamily units, mobile homes, or other residential
use specified within this chapter of the Code where primary occupancy
for residential use shall apply to the existing or proposed use.
C.
The regulations established under Article VII of this chapter shall be subject to the interpretation of the Muhlenberg Township Zoning Officer or other qualified professional, as designated by the Board of Commissioners. Should a dispute arise concerning the interpretation of these supplementary regulations, the person aggrieved by the interpretation may file an appeal with the Zoning Hearing Board. In all cases, the burden of proof and submission of technical evidence shall be the responsibility of the person appealing the interpretation of the Zoning Officer or other qualified professional, as designated by the Board of Commissioners.
A.
Single-family detached residential units, as defined under Article II of this chapter, are a permitted use within Muhlenberg Township as follows:
B.
Unless otherwise
specified by this chapter, all single-family detached dwelling units
shall be located on approved residential lots which comply with the
minimum and maximum dimensional requirements as well as the utility
provisions which are further specified by the appropriate zoning district
in which the single-family detached residential unit is located.
C.
Where required to comply with the provisions of the Muhlenberg Township Code, a subdivision plan and/or land development plan shall be submitted to Muhlenberg Township for review and consideration prior to the issuance of a building permit for a single-family detached residential use. If a subdivision or land development plan is required, the plan shall be prepared to comply with the appropriate provisions of Chapters 310 and 355 of the Code.
D.
All typical accessory
uses and structures to a single-family detached residential unit shall
be permitted, provided: they are located on the same lot as the single-family
detached unit; they are clearly subordinate to the single-family detached
residential unit; they have been properly addressed as part of the
application for a building permit, subdivision plan or land development
plan; and/or they comply with all other supplemental development and
design requirements specified within the chapter.
A.
Single-family semidetached residential units, as defined under Article II of this chapter, are a permitted use by right within the R-3, R-4, R-5, C-1 and SA-1 Zoning Districts.
B.
Unless otherwise
specified by this chapter, all single-family semidetached dwelling
units shall be located on individually approved residential lots which
comply with the minimum and maximum dimensional requirements as well
as the utility provisions which are further specified by the appropriate
zoning district in which the single-family semidetached residential
unit is located.
C.
Unless otherwise
permitted by this chapter, each residential semidetached unit shall
be considered as a principal use and shall be contained within a residential
lot meeting the individual dimensional and utility requirements for
a semidetached unit. Each residential lot shall be accurately described
by bearings and distances, which shall be recorded as a separate deed.
D.
The common wall
separating the residential semidetached units shall be considered
the common lot line, as extended from the front property line to the
rear property line. The side-yard setback requirements shall not apply
to any part of the principal residential use, however, the side-yard
setback requirement for all accessory buildings and/or uses should
be measured at least 10 feet from the common lot line.
E.
Where required to comply with the provisions of the Muhlenberg Township Code, a subdivision plan and/or land development plan shall be submitted to Muhlenberg Township for review and consideration prior to the issuance of a building permit for a single-family semidetached residential use. If a subdivision or land development plan is required, the plan shall be prepared to comply with the appropriate provisions of Chapters 310 and 355 of the Code.
F.
All typical accessory
uses and structures to a single-family semidetached residential unit
shall be permitted, provided: they are located on the same lot as
the single-family semidetached unit; they are clearly subordinate
to the single-family semidetached residential unit; they have been
properly addressed as part of the application for a building permit,
subdivision plan or land development plan; and/or they comply with
all other supplemental development and design requirements specified
within the chapter.
A.
Two-family detached residential units, as defined under Article II of this chapter, are a permitted use by right within the R-4, R-5 and SA-1 Zoning Districts.
B.
Unless otherwise
specified by this chapter, all two-family detached dwelling units
shall be located on approved residential lots which comply with the
minimum and maximum dimensional requirements as well as the utility
provisions which are further specified by the appropriate zoning district
in which the two-family detached residential unit is located.
C.
Unless otherwise
permitted by this chapter, each two-family detached residential unit
shall be considered as two principal uses, which shall be contained
within a residential lot meeting the dimensional requirements for
two-family detached residential units and which shall have separate
utility connections to each residential unit. Each residential lot
and unit shall be accurately described by defined parameters, which
shall be recorded as separate deeds.
D.
Where required to comply with the provisions of the Muhlenberg Township Code, a subdivision plan and/or land development plan shall be submitted to Muhlenberg Township for review and consideration, prior to the issuance of a building permit for a two-family detached residential use. If a subdivision or land development plan is required, the plan shall be prepared to comply with the appropriate provisions of Chapters 310 and 355 of the Code.
E.
All typical accessory
uses and structures to a two-family detached residential unit shall
be permitted, provided: they are located on the same lot as the two-family
detached unit; they are clearly subordinate to the two-family detached
residential unit; they have been properly addressed as part of the
application for a building permit, subdivision plan or land development
plan; and/or they comply with all other supplemental development and
design requirements specified within the chapter.
A.
Multifamily townhouse units, as further defined under Article II of this chapter, are permitted within the R-4, R-5 and C-1 Zoning Districts.
A.
Multifamily townhouse
unit developments containing 10 or fewer townhouse units as a cumulative
total are permitted by right in the R-4, R-5 and C-1 Zoning Districts,
subject to the following general design requirements:
(2)
All of the
uses contained within the development shall be served by public sanitary
sewage disposal facilities. As part of the subdivision and/or land
development plan application, the applicant shall provide evidence
that there are sufficient capacities to service the development in
accordance with the terms specified on all pertinent municipal agreements.
(3)
All of the
uses contained within the development shall be served by public water
supply facilities. As part of the subdivision and/or land development
plan application, the applicant shall provide evidence that there
are sufficient capacities to service the development in accordance
with the terms specified on all pertinent municipal agreements.
B.
The multifamily
townhouse unit development shall be designed to comply with the following
minimum and maximum dimensional requirements:
(1)
The minimum
width of an individual townhouse unit shall be 20 feet.
(3)
The number
of townhouse units attached in a common row shall not exceed eight
attached townhouse units.
(4)
The maximum
height of a townhouse unit shall be 35 feet.
(5)
No more than
40% of the total area of the development shall be covered by buildings.
(6)
No more than
60% of the total area of the development shall be covered by impervious
surfaces.
C.
The multifamily
townhouse unit development shall be designed in accordance with the
following architectural, landscaping and exterior enhancement standards:
(1)
The development shall be designed with regard to the topographic and natural features of the site. The purpose of this provision is to ensure that the natural features of the development are preserved and protected to the extent that it is not necessary to disturb the site in order to implement the conditional use plan utilizing the objective criteria and standards of Chapters 355 and 310 of this Code relating to the proposed housing types, street locations and required infrastructure and their intended location within the site.
(2)
A preliminary
grading plan shall be developed to identify the limits of disturbance
for all municipal site improvements within the multifamily townhouse
unit development, depicting the proposed location thereof in relation
to lakes, ponds, streams, floodplains, wetlands, tree masses and hedgerows.
Design components shall be implemented to minimize extensive earthmoving,
utilizing typical planning and engineering practices.
(3)
A landscaping
plan shall be submitted to Muhlenberg Township for consideration as
part of the conditional use application. Unless otherwise permitted
by the Board of Commissioners, the applicant shall provide two new
trees per townhouse unit. The trees should be a minimum caliper of
2.5 inches in caliper and shall be planted either as street trees,
as part of the buffer yard, or within the areas designated as common
open space.
(4)
The use of
on-street parking shall be subject to the approval of the Board of
Commissioners.
(5)
Exterior
common storage areas for trash and rubbish shall be completely screened
from view on three sides by fencing and landscaping. All trash and
rubbish shall be contained in verminproof containers.
A.
All multifamily
townhouse unit developments containing more than 10 townhouse units
as a cumulative total are permitted by conditional use within the
R-4, R-5 and C-1 Zoning Districts, subject to the following general
design requirements:
(1)
A minimum
of five contiguous acres shall be required for townhouse unit developments
containing more than 10 townhouse units within the R-4, R-5 and C-1
Zoning Districts. The minimum amount of contiguous land area required
for a townhouse unit development shall be as follows: "Contiguous
land area" shall be defined as a parcel of land that is owned under
a single deed or parcels of land that are owned under multiple deeds,
provided that the parcels of land are contiguous to each other, having
common deed boundaries and are not physically separated by parcels
of land owned by other individuals or parties. The Board of Commissioners
shall consider contiguous parcels of land that are physically separated
by existing public roads, utility easements or rights-of-way, streams
and/or other natural features, provided that the applicant demonstrates
that the multifamily townhouse unit development can be harmoniously
designed.
(2)
Unless otherwise permitted by Muhlenberg Township, the provisions specified under § 355-46 of this chapter shall only apply to infill development and design alternatives.
(3)
All of the
uses contained within the development shall be served by public sanitary
sewage disposal facilities. As part of the conditional use application,
the applicant shall provide evidence that there are sufficient capacities
to service the development in accordance with the terms specified
on all pertinent municipal agreements.
(4)
All of the
uses contained within the development shall be served by public water
supply facilities. As part of the conditional use application, the
applicant shall provide evidence that there are sufficient capacities
to service the development in accordance with the terms specified
on all pertinent municipal agreements.
(5)
The maximum
permitted residential density (townhouse units per gross acre) for
multifamily townhouse unit developments shall be as follows:
(6)
A minimum
of 50% of the gross area of the multifamily townhouse unit development
shall be set aside as common open space. Where the required area for
common open space cannot be properly designed and located based upon
the size and shape of the parcel of land being developed, the Board
of Commissioner may evaluate and approve alternative concept plans
as part of the conditional use application, which may include off-site
land dedication, recreation impact fee in lieu of land dedication
for open space, or a combination of alternatives to meet the community
objectives for open space within Muhlenberg Township.
B.
The multifamily
townhouse unit development shall be designed to comply with the following
minimum and maximum dimensional requirements:
(1)
The minimum
width of an individual townhouse unit shall be 20 feet.
(2)
The building
setback line should be established 20 feet from the right-of-way line
or 30 feet from the curbline.
(3)
The minimum
building separation from other groups of townhouse units shall be
as follows:
(4)
All townhouse
units within the development shall be located at least 20 feet from
the right-of-way line or 30 feet from all other property lines or
property which is not owned by the applicant in predevelopment conditions.
(5)
The number
of townhouse units attached in a common row shall not exceed eight
attached townhouse units.
(6)
The maximum
height of a townhouse unit shall be 35 feet.
(7)
No more than
30% of the total area of the development shall be covered by buildings.
(8)
No more than
50% of the total area of the development shall be covered by impervious
surfaces.
C.
The multifamily
townhouse unit development shall be designed in accordance with the
following architectural, landscaping and exterior enhancement standards:
(1)
The development shall be designed with regard to the topographic and natural features of the site. The purpose of this provision is to ensure that the natural features of the development are preserved and protected to the extent that it is not necessary to disturb the site in order to implement the conditional use plan utilizing the objective criteria and standards of Chapters 355 and 310 of this Code relating to the proposed housing types, street locations and required infrastructure and their intended location within the site.
(2)
A preliminary
grading plan shall be developed to identify the limits of disturbance
for all municipal site improvements within the multifamily townhouse
unit development, depicting the proposed location thereof in relation
to lakes, ponds, streams, floodplains, wetlands, tree masses and hedgerows.
Design components shall be implemented to minimize extensive earthmoving,
utilizing typical planning and engineering practices.
(3)
The applicant
shall give special attention to the main entrance(s) to the multifamily
development. The use of lighting, water and/or landscaping products
in conjunction with a boulevard street design may be provided and
considered as a prominent feature of the development. A boulevard
entrance shall be required unless otherwise approved by the Board
of Commissioners as part of the conditional use application.
(4)
The use of
on-street parking shall be subject to the approval of the Board of
Commissioners.
(5)
A landscaping
plan shall be submitted to Muhlenberg Township for consideration as
part of the conditional use application. Unless otherwise permitted
by the Board of Commissioners, the applicant shall provide three new
trees per townhouse unit. The trees should be a minimum caliper of
2.5 inches and shall be planted either as street trees, as part of
the buffer yard, or within the areas designated as common open space.
(6)
The multifamily
development shall provide a ten-foot-wide buffer yard and planting
screen along the property lines at the perimeter of the development
tract to enhance the privacy of the adjacent property owners. The
design of the landscape and planting screen shall be subject to the
reasonable approval of the Board of Commissioners. The use of existing
mature trees (six inches in caliper, as measured four feet from the
ground) is encouraged and may be utilized as part of the required
buffer yard.
(7)
Townhouse
units shall be constructed utilizing mansards, gables and/or hip roofs
as part of the architectural design. The front building lines or facade
of any two adjoining townhouse units shall be staggered or offset,
so that each townhouse unit will have a minimum horizontal separation
(front to back at full height) of two feet.
(8)
In addition to the provisions specified under Article X of this chapter, the common off-street parking areas and access drives shall be designed considering the following requirements:
(a)
The parking
areas shall not be designed or located to require cars to back into
streets in order to leave the parking areas. All dead-end parking
lots shall provide adequate areas in which emergency and commercial
vehicles can safely maneuver.
(b)
Common
parking areas and access drives shall be located a minimum of 20 feet
from all structures and from the exterior lot lines of the development.
(c)
In order
to satisfy the requirements for off-street parking for the townhouse
development, the use of on-street parking may be considered as an
alternative to off-street parking. This alternative shall be subject
to the approval of the Board of Commissioners, as part of the conditional
use hearing.
(d)
The entrance
and exit ways to parking areas shall have a minimum width of 12 feet
for each lane of traffic entering or leaving the areas.
(e)
Parking areas shall be designed to prevent through traffic to other parking areas. No more than 60 off-street parking spaces shall be accommodated in any one parking area. All common parking areas shall be sufficiently screened and landscaped in accordance with the standards specified under § 355-102 of this chapter.
(f)
Entrances
to and exits from common parking areas shall be located a minimum
of 150 feet from the point of intersection of the nearest street curblines.
(g)
Exterior
storage areas for trash and rubbish shall be completely screened from
view on three sides by fencing and landscaping. All trash and rubbish
shall be contained in verminproof containers.
D.
The design of
the land or water areas designated as common open space shall comply
with the following standards and specifications:
(1)
A minimum
of 50% of the gross area of the development tract shall be set aside
as common open space. Where the required area for common open space
cannot be properly designed and located based upon the size and shape
of the parcel of land being developed, the Board of Commissioners
may evaluate and approve alternative concept plans, as part of the
conditional use application, which may include: off-site land dedication;
recreation impact fee in lieu of land dedication for open space; or
a combination of alternatives to meet the community objectives for
open space within Muhlenberg Township.
(2)
No more than
50% of the common open space shall be located on lands within areas
that are located within the one-hundred-year floodplain, areas delineated
as wetlands and/or areas exceeding 20% in slope.
(3)
No more than
50% of the common open space shall include land areas that are burdened
by or are proposed to contain utilities easements and/or stormwater
management facilities, as further described under the Muhlenberg Township
Code.
(4)
The common
open space shall be planned and located as a contiguous accessible
area within the development. Existing and/or proposed roads may bisect
the areas designated as common open space, provided a crosswalk at
grade is safely designed to link the common open space areas. Planned
linkages to other common open space areas within other adjacent residential
developments shall be considered by the applicant as part of the conditional
use application.
(5)
Significant
natural features shall be incorporated into the overall schematic
of the design as common open space areas whenever possible.
(6)
A system
for pedestrian circulation throughout the development shall be provided
by utilizing sidewalks and trails.
(7)
The total
land area designated to comply with the minimum open space requirements
shall be comprised of areas not less than 25 feet in width and shall
not contain less than one contiguous acre of land. In addition, there
shall be at least one designated common area that is contiguous within
the multifamily townhouse unit development, containing no less than
25% of the required open space.
(8)
For all common
open spaces, satisfactory written agreements approved by the Board
of Commissioners shall be executed as a declaration of easements,
covenants and restrictions in perpetuity for the preservation of the
common open spaces and shall be recorded with the final plan.
(9)
The applicant
shall make arrangements, provisions and/or agreements to ensure that
the common open space shall continue to be adequately managed and
maintained. The applicant shall have the following options for ownership,
management and maintenance of the common open space:
(a)
Dedicate
the land encompassing the common open space to a homeowners' association,
which is comprised of all the residents of the development; or
(b)
Dedicate
the land encompassing the common open space to Muhlenberg Township,
which shall have the option to accept or refuse the land offered for
dedication
(10)
The provisions
specified herein for common open space do not relieve the applicant
of other requirements for open space and recreation, as specified
within the Muhlenberg Township Code, with which the applicant shall
comply.
E.
In addition to
the townhouse units, the proposed multifamily development may contain
the following nonresidential uses, provided they are considered as
part of the conditional use application:
(1)
Office space
consisting of no more than 5,000 square feet and utilized for the
purposes of conducting customary business, sales, meetings and/or
maintenance, which are directly associated with the multifamily townhouse
unit development and which are owned and operated by the developer
or homeowners' association.
(2)
Indoor recreation
and/or community center consisting of no more than 10,000 square feet
and utilized exclusively by the residents of the multifamily townhouse
unit development.
(3)
Active and
passive recreation uses conducted on the areas designated as common
open space.
A.
Multifamily apartment units, as defined under Article II of this chapter, are a permitted conditional use within the R-5 Zoning District.
B.
All multifamily
apartment unit developments shall be designed in accordance with the
following general design requirements:
(1)
The minimum
amount of land in the development shall be 10 contiguous acres. "Contiguous
land area" shall be defined as a parcel of land that is owned under
a single deed or parcels of land that are owned under multiple deeds,
provided that the parcels of land are contiguous to each other, having
common deed boundaries, and are not physically separated by parcels
of land owned by other individuals or parties. The Board of Commissioners
shall consider contiguous parcels of land that are physically separated
by existing public roads, utility easements or rights-of way, streams
and/or other natural features, provided that the applicant demonstrates
that the multifamily apartment unit development can be harmoniously
designed.
(2)
All of the
uses contained within the development shall be served by public sanitary
sewage disposal facilities. As part of the conditional use application,
the applicant shall provide evidence that there are sufficient capacities
to service the development in accordance with the terms specified
on all pertinent municipal agreements.
(3)
All of the
uses contained within the development shall be served by public water
supply facilities. As part of the conditional use application, the
applicant shall provide evidence that there are sufficient capacities
to service the development in accordance with the terms specified
on all pertinent municipal agreements.
(4)
The maximum
permitted residential density (apartment units per gross acre) for
multifamily apartment unit developments shall be 10 apartment units
per gross acre.
(5)
A minimum
of 60% of the gross area of the multifamily apartment unit development
shall be set aside as common open space.
C.
The multifamily
apartment unit development shall be designed to comply with the following
minimum and maximum dimensional requirements:
(1)
The total
number of individual apartment units contained within a single building
shall not exceed 25 apartment units.
(2)
The building
setback line should be established 50 feet from the right-of-way line
or 60 feet from the curbline.
(3)
The minimum
building separation from other groups of apartment units shall be
as follows:
(4)
The maximum
length of any building occupying individual apartment units shall
not exceed 160 feet.
(5)
The maximum
depth of any building occupying individual apartment units shall not
exceed 80 feet.
(6)
All apartment
units within the development shall be located at least 50 feet from
any public street right-of-way or property line which is not owned
by the applicant in predevelopment conditions.
(7)
No more than
25% of the total area of the development shall be covered by buildings.
(8)
No more than
40% of the total area of the development shall be covered by impervious
surfaces.
(9)
The maximum
building height shall be 45 feet.
D.
The multifamily
apartment unit development shall be designed in accordance with the
following architectural, landscaping and exterior enhancement standards:
(1)
The development shall be designed with regard to the topographic and natural features of the site. The purpose of this provision is to ensure that the natural features of the development are preserved and protected to the extent that it is not necessary to disturb the site in order to implement the conditional use plan, utilizing the objective criteria and standards of Chapters 355 and 310 of this Code relating to the proposed housing types, street locations and required infrastructure and their intended location within the site.
(2)
A preliminary
grading plan shall be developed to identify the limits of disturbance
for all municipal site improvements within the multifamily apartment
unit development, depicting the proposed location thereof in relation
to lakes, ponds, streams, floodplains, wetlands, tree masses and hedgerows.
Design components shall be implemented to minimize extensive earthmoving,
utilizing typical planning and engineering practices.
(3)
The applicant
shall give special attention to the main entrance(s) to the multifamily
development. The use of lighting, water and/or landscaping products
in conjunction with a boulevard street design may be provided and
considered as a prominent feature of the development. A boulevard
entrance shall be required unless otherwise approved by the Board
of Commissioners as part of the conditional use application.
(4)
A landscaping
plan shall be submitted to Muhlenberg Township for consideration as
part of the conditional use application. Unless otherwise permitted
by the Board of Commissioners, the applicant shall provide three new
trees per apartment unit. The trees should be a minimum of 2.5 inches
in caliper and shall be planted either as street trees, as part of
the buffer yard, or within the areas designated as common open space.
(5)
The multifamily
development shall provide a twenty-foot-wide buffer yard and planting
screen along the property lines at the perimeter of the development
tract to enhance the privacy of the adjacent property owners. The
design of the landscape and planting screen shall be subject to the
reasonable approval of the Board of Commissioners. The use of existing
mature trees (six inches in caliper as measured four feet from the
ground) is encouraged and may be utilized as part of the required
buffer yard.
(6)
Apartment
units shall be constructed utilizing courtyards, common porticos,
mansards, gables and/or hip roofs as part of the architectural design.
Where feasible, the front building lines or facade of the common apartment
building should be staggered or offset.
(7)
In addition to the provisions specified under Article X of this chapter, the common off-street parking areas and access drives shall be designed considering the following requirements:
(a)
The parking
areas shall not be designed or located to require cars to back into
streets in order to leave the parking areas. All dead-end parking
lots shall provide adequate areas in which emergency and commercial
vehicles can safely maneuver.
(b)
Common
parking areas and access drives shall be located a minimum of 20 feet
from all buildings and structures within the development. Common parking
areas shall be a minimum of 20 feet from all street rights-of-way
and exterior lot lines of the development.
(c)
The entrance
and exit ways to parking areas shall have a minimum width of 12 feet
for each lane of traffic entering or leaving the areas.
(d)
Parking areas shall be designed to prevent through traffic to other parking areas. No more than 60 off-street parking spaces shall be accommodated in any one parking area. All common parking areas shall be sufficiently screened and landscaped in accordance with the standards specified under § 355-102 of this chapter.
(e)
Entrances
to and exits from common parking areas shall be located a minimum
of 150 feet from the point of intersection of the nearest street curblines.
(8)
Exterior
storage areas for trash and rubbish shall be completely screened from
view on three sides by fencing and landscaping. All trash and rubbish
shall be contained in verminproof containers.
E.
The design of
the land or water areas which are to be designated as common open
space shall comply with the following standards and specifications:
(1)
A minimum
of 60% of the gross area of the development tract shall be set aside
as common open space.
(2)
No more than
50% of the common open space shall be located on lands within areas
that are located within the one-hundred-year floodplain, areas delineated
as wetlands and/or areas exceeding 20% in slope.
(3)
No more than
50% of the common open space shall include land areas that are burdened
by or are proposed to contain utilities easements and/or stormwater
management facilities, as further described under the Muhlenberg Township
Code.
(4)
The common
open space shall be planned and located as a contiguous accessible
area within the development. Existing and/or proposed roads may bisect
the areas designated as common open space, provided a crosswalk at
grade is safely designed to link the common open space areas. Planned
linkages to other common open space areas within other adjacent residential
developments shall be considered by the applicant as part of the conditional
use application.
(5)
Significant
natural features shall be incorporated into the overall schematic
of the design as common open space areas whenever possible.
(6)
A system
for pedestrian circulation throughout the development shall be provided
by utilizing sidewalks and trails.
(7)
The total
land area designated to comply with the minimum open space requirements
shall be comprised of areas not less than 50 feet in width and shall
not contain less than one contiguous acre of land. In addition, there
shall be at least one designated common area that is contiguous within
the multifamily apartment unit development, containing no less than
25% of the required open space.
(8)
For all common
open spaces, satisfactory written agreements approved by the Board
of Commissioners shall be executed as declarations of easements, covenants
and restrictions in perpetuity for the preservation of the common
open spaces and shall be recorded with the final plan.
(9)
The applicant
shall make arrangements, provisions and/or agreements to ensure that
the common open space shall continue to be adequately managed and
maintained. The applicant shall have the following options for ownership,
management and maintenance of the common open space:
(a)
Dedicate
the land encompassing the common open space to a homeowners' association,
which is comprised of all the residents of the development; or
(b)
Dedicate
the land encompassing the common open space to Muhlenberg Township,
which shall have the option to accept or refuse the land offered for
dedication.
(10)
The provisions
specified herein for common open space do not relieve the applicant
of other requirements for open space and recreation as specified within
the Muhlenberg Township Code, with which the applicant shall comply.
F.
In addition to
the proposed apartment units, the proposed multifamily development
may contain the following nonresidential uses, provided they are considered
as part of the conditional use application:
(1)
Office space
consisting of no more than 5,000 square feet and utilized for the
purposes of conducting customary business, sales, meetings and/or
maintenance, which are directly associated with the multifamily apartment
unit development and which are owned and operated by the developer
or homeowners' association.
(2)
Indoor recreation
and/or community center consisting of no more than 10,000 square feet
and utilized exclusively by the residents of the multifamily apartment
unit development.
(3)
Active and
passive recreation uses conducted on the areas designated as common
open space.
A.
The purpose of
this section of the chapter is to provide development and design standards
for cluster developments containing single-family detached residential
units. The objectives of these provisions are outlined as follows:
(1)
To provide
an optional approach to community development with provisions to permit
more efficient utilization of land and of community facilities and
services.
(2)
To encourage
innovative residential land development that will conserve open space
and protect environmentally sensitive areas.
(3)
To endorse
smart growth techniques and conservation design practices.
(4)
To efficiently
utilize the remaining undeveloped land area within Muhlenberg Township.
(5)
To implement
the recommendations concerning natural features, conservation management,
utilities, transportation, housing, and land use, as outlined within
the Comprehensive Plan.
B.
Cluster developments containing single-family detached residential units, as defined under Article II of this chapter, are a permitted conditional use within the R-1, R-2, R-3 and R-4 Zoning Districts.
C.
Cluster developments
shall be designed in accordance with the following general design
and eligibility requirements:
(1)
The minimum
amount of land in the development shall be 10 contiguous acres. "Contiguous
land area" shall be defined as a parcel of land that is owned under
a single deed or parcels of land that are owned under multiple deeds,
provided that the parcels of land are contiguous to each other, having
common deed boundaries, and are not physically separated by parcels
of land owned by other individuals or parties. The Board of Commissioners
shall consider contiguous parcels of land that are physically separated
by existing public roads, utility easements or rights-of way, streams
and/or other natural features, provided that the applicant demonstrate
that the single-family residential cluster development can be harmoniously
designed.
(2)
All of the
uses contained within the development shall be served by public sanitary
sewage disposal facilities. As part of the conditional use application,
the applicant shall provide evidence that there are sufficient capacities
to service the development.
(3)
All of the
uses contained within the development shall be served by public water
supply facilities. As part of the conditional use application, the
applicant shall provide evidence that there are sufficient capacities
to service the development.
(4)
A minimum
of 40% of the gross area of the single-family residential cluster
development shall be set aside as common open space. The area designated
as common open space shall comply with all provisions of this section
of the chapter. Where conflicts exist, the provisions of this section
shall apply.
(5)
The maximum
permitted base residential density for cluster developments containing
single-family detached residential units shall be as follows:
(6)
A density
bonus of 0.1 dwelling unit per gross acre shall be added to the base
residential density requirements for each of the following objectives
achieved as part of the conditional use application:
(a)
The conditional
use application provides additional consideration to on-site traffic,
drainage and sanitary sewer improvements over and above what is otherwise
required by ordinance, which are deemed necessary by the Muhlenberg
Township Engineer to accommodate the residential density of the cluster
development.
(b)
The conditional
use application provides consideration for active recreation facilities
on at least 20% of the land area designated as open space within the
cluster development.
(c)
The conditional
use application provides for passive recreation, educational and/or
ecological opportunities that are considered schematically planned,
contiguous and/or integrated with other passive recreation areas on
at least 20% of the land area designated as open space within the
cluster development.
(d)
The overall
development is designed as an adult or age-qualified community.
(e)
The conditional
use application is designed with a village atmosphere, with unique
or enhanced architectural value, including utilizing natural building
products for the building face (brick, stone or masonry products)
and rooflines (mansards, gables or hip roof designs).
(f)
The conditional
use application provides additional open space areas beyond the minimum
requirement of 40% of the gross tract area, regardless of configuration,
such that a 0.1 residential density bonus shall be incrementally applied
for each additional 5% of the gross tract area that is designated
as open space within the cluster development. The maximum residential
density bonus for this provision shall not exceed 0.3 dwelling unit
per acre.
(g)
The conditional
use site plan is designed in an environmentally sensitive fashion
that results in the preservation of mature trees, woodlands, steep
slopes, floodplains and wetlands, such that a minimum of 70% of the
gross area designated as open space shall not be disturbed by any
site improvements and/or earth disturbance activities.
(h)
As part
of the conditional use application, the applicant agrees to fund and
complete substantial public improvements to mitigate one or more off-site
impacts of the development, such as public streets and intersections,
public stormwater management and water or sewer improvements identified
by the Board of Commissioners as a means to significantly reduce the
need for public expenditures to resolve clear public needs associated
to any degree with the proposed conditional use development.
D.
The single-family
detached residential units within the cluster development shall be
designed to comply with the following minimum and maximum dimensional
lot requirements:
(1)
The minimum
net lot area for each individual residential lot shall be 5,000 net
square feet.
(2)
The minimum
lot width for each individual residential lot shall be 60 feet.
(3)
The minimum
front-yard setback shall be 30 feet.
(4)
The minimum
side-yard setback shall be 10 feet as measured on each side.
(5)
The minimum
rear-yard setback shall be 20 feet.
(6)
The maximum
building height shall be 35 feet.
(7)
The maximum
building coverage shall be 40% for each lot.
(8)
The maximum
lot coverage shall be 60% for each lot.
(9)
All proposed
single-family detached residential units within the development shall
be located at least 50 feet from any property line or property which
is not owned by the applicant in predevelopment conditions.
E.
The cluster development
shall be designed in accordance with the following planning and engineering
considerations:
(1)
All land
and water areas that are not utilized for lots, streets, utilities,
or other permitted uses within the cluster development shall be set
aside and maintained as common open space.
(2)
The minimum
lot area required for each residential use shall not include land
areas that are classified as being within the one-hundred-year floodplain,
areas delineated as wetlands, areas within utility easements or rights-of-way,
and/or areas exceeding 20% in slope.
(3)
The proposed
residential lots and dwelling units within the cluster development
shall not have direct access to an existing public street.
(4)
No more than
four residential dwelling units shall be permitted around the circumference
of any cul-de-sac bulb or turnaround.
(5)
An environmental
impact assessment (EIA) report, conducted in accordance with the procedures
and requirements specified by this chapter, shall be submitted with
the conditional use application.
(6)
A traffic
impact study (TIS) shall be conducted in order to assess both existing
and future transportation conditions and needs within 3,000 feet of
the tract boundary (regional study area). The applicant shall consult
with the Muhlenberg Township Engineer to confirm the limits of the
regional study area. The TIS shall be submitted with the conditional
use application.
(7)
The applicant
shall be responsible for designing, permitting and constructing at
its expense all of the necessary on-site improvements that are required
by the Muhlenberg Township Code to accommodate the proposed cluster
development.
(8)
In addition
to the interior parking spaces within garages, each single-family
detached lot within the cluster development shall provide a minimum
of two off-street parking spaces contiguous to the garage and located
no closer than five feet to the side lot line. The proposed off-street
parking spaces shall not exceed a grade of 5%.
F.
The cluster development
shall be designed in accordance with the following architectural,
landscaping and exterior enhancement standards:
(1)
The cluster development shall be designed with regard to the topographic and natural features of the site. The purpose of this provision is to ensure that the natural features of the development are preserved and protected to the extent that it is not necessary to disturb the site in order to implement the conditional use plan, utilizing the objective criteria and standards of Chapters 355 and 310 of this Code relating to the proposed housing types, street locations and required infrastructure and their intended location within the site.
(2)
The applicant
shall consider the effects of seasonal temperatures, hours of sunlight,
prevailing winds from adjacent land uses, and/or consequences from
existing zoning districts that could create adverse impacts associated
with weather, noise and/or odor. As part of the conditional use application,
the applicant should comply with the following criteria:
(a)
The applicant
should incorporate measures, such as landscaping, buffering and screening,
to buffer existing land uses that may be construed as a nuisance due
to noise or odor. As part of this requirement, the applicant should
conduct an existing land use survey and zoning analysis to determine
the extent to which such protective measures are appropriate.
(b)
The applicant shall consider seasonal temperatures and hours of sunlight in the physical layout and design of the proposed streets within the cluster development. As part of the conditional use application, the applicant shall demonstrate that all proposed roads servicing the residential units within the cluster development shall be designed strictly in accordance with the standards specified under Chapter 310, Subdivision and Land Development, of the Code. Design waivers concerning the internal street system shall only be considered where the applicant identifies protective measures designed to avoid traffic hazards to the general public and if those measures are endorsed by the Muhlenberg Township Engineer.
(3)
A preliminary
grading plan shall be developed to identify the limits of disturbance
for all municipal site improvements within the cluster development,
depicting the proposed location thereof in relation to lakes, ponds,
streams, floodplains, wetlands, tree masses and hedgerows. Design
components shall be implemented to minimize extensive earthmoving,
utilizing typical planning and engineering practices.
(4)
The applicant
shall give special attention to the main entrance(s) to the cluster
development. The use of lighting, water and/or landscaping products
in conjunction with a boulevard street design may be provided and
considered as a prominent feature of the cluster development. A boulevard
entrance shall be required unless otherwise approved by the Board
of Commissioners as part of the conditional use application.
(5)
A landscaping
plan shall be submitted to Muhlenberg Township for consideration as
part of the conditional use application. Unless otherwise permitted
by the Board of Commissioners, the applicant shall provide three new
trees per residential unit within the cluster development. The trees
should be a minimum of 2.5 inches in caliper and shall be planted
either as street trees, as part of the buffer yard, or within the
areas designated as common open space.
(6)
The cluster
development shall provide a twenty-five-foot-wide buffer yard and
planting screen along the property lines at the perimeter of the development
tract to enhance the privacy of the adjacent property owners. The
design of the landscape and planting screen shall be subject to the
reasonable approval of the Board of Commissioners. The use of existing
mature trees (six inches in caliper as measured four feet from the
ground) is encouraged and may be utilized as part of the required
buffer yard.
(7)
The single-family
detached residential units within the cluster development should be
designed with a village atmosphere, with unique or enhanced architectural
value, including utilizing natural building products for the building
face (brick, stone or masonry products) and rooflines (mansards, gables
or hip roof designs).
(8)
Exterior
storage areas for trash and rubbish shall be completely screened from
view on three sides by fencing and landscaping. All trash and rubbish
shall be contained in verminproof containers.
(9)
The cluster
development shall be designed to preserve and incorporate scenic,
natural, historical and cultural features. As part of the conditional
use application, the applicant shall comply with the following design
requirements:
(a)
The conditional use plan shall incorporate, locate and identify within the development scenic vista points which will remain after construction of the proposed residential dwellings, other permitted uses, and related site improvements, and which will provide visual amenities to the development. Vista points may include unobstructed views looking into the development from adjacent public roads and unobstructed views within the development, each incorporating open space and/or other preserved natural features. The number of vistas shall be dependent upon the final design of the development, the tract size, and natural land features, and shall be subject to the reasonable discretion of the Board based upon those factors, provided approval shall not be withheld if the development meets the applicable objective criteria of this chapter and Chapter 310, Subdivision and Land Development, of the Code and provision is made for a reasonable number of scenic vistas within the development based upon the foregoing factors.
(b)
The applicant
shall develop a plan to enhance each selected vista point by means
of improving accessibility; creating pulpits or overlook points; providing
pedestrian trails within common open space areas; establishing linkages
to other recreation facilities or cultural resources within the common
open space areas; integrating and improving historical structures;
and/or creating protective habitats for environmentally sensitive
areas. The design of enhancements to the vista points shall be determined
by the applicant and shall be subject to the approval of the Board
of Commissioners.
G.
The design of
the land or water areas which are to be designated as common open
space shall comply with the following standards and specifications:
(1)
A minimum
of 40% of the gross area of the development tract shall be set aside
as common open space.
(2)
No more than
50% of the common open space shall be located on lands within areas
that are located within the one-hundred-year floodplain, areas delineated
as wetlands and/or areas exceeding 20% in slope.
(3)
No more than
50% of the common open space shall include land areas that are burdened
by or are proposed to contain utilities easements and/or stormwater
management facilities, as further described within the Muhlenberg
Township Code.
(4)
The common
open space shall be planned and located as a contiguous accessible
area within the development. Existing and/or proposed roads may bisect
the areas designated as common open space, provided a crosswalk at
grade is safely designed to link the common open space areas. Planned
linkages to other common open space areas within other adjacent residential
developments shall be considered by the applicant as part of the conditional
use application.
(5)
Significant
natural features shall be incorporated into the overall schematic
of the design as common open space areas whenever possible.
(6)
A system
for pedestrian circulation throughout the development shall be provided
by utilizing sidewalks and trails.
(7)
The total
land area designated to comply with the minimum open space requirements
shall be comprised of areas not less than 50 feet in width and shall
not contain less than one contiguous acre of land. In addition, there
shall be at least one designated common area that is contiguous within
the multifamily apartment unit development, containing no less than
25% of the required open space.
(8)
For all common
open spaces, satisfactory written agreements approved by the Board
of Commissioners shall be executed as declarations of easements, covenants
and restrictions in perpetuity for the preservation of the common
open spaces and shall be recorded with the final plan.
(9)
The applicant
shall make arrangements, provisions and/or agreements to ensure that
the common open space shall continue to be adequately managed and
maintained. The applicant shall have the following options for ownership,
management and maintenance of the common open space:
(a)
Dedicate
the land encompassing the common open space to a homeowners' association,
which is comprised of all the residents of the development; or
(b)
Dedicate
the land encompassing the common open space to Muhlenberg Township,
which shall have the option to accept or refuse the land offered for
dedication.
H.
The provisions
specified herein for common open space do not relieve the applicant
of other requirements for open space and recreation as specified within
the Muhlenberg Township Code, with which the applicant shall comply.
I.
In addition to
the permitted single-family detached residential units, the proposed
cluster development may contain the following nonresidential uses,
provided they are considered as part of the conditional use application:
(1)
Office space
consisting of no more than 5,000 square feet and utilized for the
purposes of conducting customary business, sales, meetings and/or
maintenance, which are directly associated with the cluster development
and which are owned and operated by the developer or homeowners' association.
(2)
Indoor recreation
and/or community center consisting of no more than 10,000 square feet
and utilized exclusively by the residents of the cluster development.
(3)
Active and
passive recreation uses conducted on the areas designated as common
open space.
A.
Group homes, as defined under Article II of this chapter, are permitted by conditional use within the R-1, R-2, R-3, R-4, R-5 and C-1 Zoning Districts.
B.
Unless otherwise
specified by this chapter, all group homes shall be located within
a permitted single-family dwelling on an approved lot which complies
with the minimum and maximum dimensional requirements as well as the
utility provisions which are further specified by the appropriate
zoning district in which the single-family detached dwelling is located
and as further specified by this chapter.
C.
All group homes
shall be licensed by the appropriate local and state regulatory agencies
prior to occupancy.
D.
All group homes
shall be designed in accordance with the following general standards
and requirements:
(1)
Unless otherwise
directed by Muhlenberg Township, a site plan or land development plan
shall be accurately prepared to a scale of one inch equaling 20 feet.
The site plan or land development plan shall show the location and
the dimensions of the group home, off-street parking areas, private
entrances, walkways, fencing and landscaping.
(2)
Unless otherwise
directed by Muhlenberg Township, architectural plans shall be accurately
prepared at a legible scale. These plans shall show the dimensions,
intended use and square footage of each room and storage area within
the group home.
(3)
No group
home shall be located within 1,000 linear feet of another group home,
group institution, school, family day-care home, child day-care center.
(4)
One off-street
parking space shall be provided per employee, computed on the basis
of the estimated maximum number of employees that could be present
at any given time, plus one space for each four patient or client
beds within the group home. Garage space shall not be used in calculating
off-street parking.
(5)
The premises
at which the group home is located shall be owned or leased by the
licensed social services agency sponsoring the group home.
(6)
No more than
two live-in supervisors shall reside in a group home.
(7)
The only
physical changes or alterations to the dwelling shall be those required
by state and federal law. When the group home use is abandoned, the
dwelling shall be restored to its single-family dwelling unit status.
(8)
The sponsoring
social service agency shall provide documentation to the Zoning Officer
and Code Enforcement Officer that all building, fire, plumbing, heating,
electrical and similar facilities meet the standards established by
the Muhlenberg Township Code and by the Commonwealth of Pennsylvania.
(9)
Although
live-in supervision is not mandatory, the sponsoring social service
agency shall provide documentation to the Zoning Officer and Board
of Commissioners that the social service agency shall provide the
residents of the group home with the physical safety and emotional
support that may be required. Because the residents of the group home
are likely to be suffering from a personal crises, some form of immediate
contact with a counselor should be available 24 hours per day, seven
days per week. Likewise, immediate contact with the sponsoring social
service agency should be available to members, to the authorized representatives
of Muhlenberg Township, or to members of the public who may be in
need of the services of the group home.
(10)
No group
home shall have more than five residents at any given time period,
not including the live-in supervisors.
(11)
An emergency
management plan must be developed in the event of a catastrophic event
resulting from flooding, fire, snow, ice, earthquake, utility outage,
or other catastrophe. The emergency management plan should be submitted
to the Muhlenberg Township Emergency Management Coordinator for review
and consideration prior to the issuance of the use and occupancy permit.
The owner of the group home shall provide a copy of the emergency
management plan to the social workers and tenants of the group home.
E.
As part of the
conditional use application, the Board of Commissioners may impose
other requirements deemed necessary or appropriate.
F.
All group homes
shall be subject to an annual inspection by the Muhlenberg Township
Zoning Officer, Code Enforcement Officer, Sewage Enforcement Officer
and/or Municipal Authority.
A.
Group institutions, as defined under Article II of this chapter, are permitted by conditional use within the R-1, R-2, R-3, R-4, R-5 and C-1 Zoning Districts.
B.
Unless otherwise
specified by this chapter, all group institutions shall be located
on approved lots which comply with the minimum and maximum dimensional
requirements as well as the utility provisions which are further specified
by the appropriate zoning district in which the group institution
is located.
C.
All group institutions
shall be licensed by the appropriate local and state regulatory agencies
prior to occupancy.
D.
All group institutions
shall be designed in accordance with the following general standards
and requirements:
(1)
Unless otherwise
directed by Muhlenberg Township, a site plan or land development plan
shall be accurately prepared to a scale of one inch equaling 20 feet.
The site plan or land development plan shall show the location and
the dimensions of the group institution, off-street parking areas,
private entrances, walkways, fencing and landscaping.
(2)
Unless otherwise
directed by Muhlenberg Township, architectural plans shall be accurately
prepared at a legible scale. These plans shall show the dimensions,
intended use and square footage of each room and storage area within
the group institution.
(3)
No group
institution shall be located within 1,000 linear feet of another group
institution, group home, school, family day-care home, child day-care
center.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4)
One off-street
parking space shall be provided per employee, computed on the basis
of the estimated maximum number of employees that could be present
at any given time, plus one space for each four patient or client
beds within the group institution. Garage space shall not be used
in calculating off-street parking.
(5)
The premises
at which the group institution is located shall be owned or leased
by the licensed social services agency sponsoring the group institution.
(6)
A licensed
physician, psychologist, counselor or social worker, who is either
employed by or under contract through the social service agency sponsoring
the group institution, shall be responsible for the assignment and
care of the residents within the group institution.
(7)
At least
one supervisor from the social service agency shall be on call 24
hours per day, seven days per week during occupancy of the group institution.
(8)
The dwelling
unit shall not be changed or altered in any manner that would change
the original character of the dwelling unit. The only physical changes
or alterations to the dwelling shall be those required by state and
federal law. When the group institution use is abandoned, the dwelling
shall be restored to its single-family dwelling unit status.
(9)
The sponsoring
social service agency shall provide documentation to the Zoning Officer
and Code Enforcement Officer that all building, fire, plumbing, heating,
electrical and similar facilities meet the standards established by
the Muhlenberg Township Code and by the Commonwealth of Pennsylvania.
(10)
The group
institutional use, by design and intent, shall be provided for the
long-term needs of the residents and shall not accommodate the needs
of transient individuals.
(11)
A group
institution shall be intended to have more than six residents at any
given time, not including the live-in supervisors.
(12)
An emergency
management plan must be developed in the event of a catastrophic event
resulting from flooding, fire, snow, ice, earthquake, utility outage,
or other catastrophe. The emergency management plan should be submitted
to the Muhlenberg Township Emergency Management Coordinator for review
and consideration prior to the issuance of the use and occupancy permit.
The owner of the group institution shall provide a copy of the emergency
management plan to the social workers and tenants of the group institutional
use.
E.
As part of the
conditional use application, the Board of Commissioners may impose
other requirements deemed necessary or appropriate.
F.
All group institutions
shall be subject to an annual inspection by the Muhlenberg Township
Zoning Officer, Code Enforcement Officer, Sewage Enforcement Officer
and/or Municipal Authority.
A.
Convalescent homes, nursing homes, rehabilitation centers, assisted living care facilities and/or personal care facilities, as defined under Article II of this chapter, are permitted as a use by special exception within the R-2, R-3, R-4, R-5 and C-1 Zoning Districts.
B.
Unless otherwise
specified by this chapter, all convalescent homes, nursing homes,
rehabilitation centers, assisted living care facilities and/or personal
care facilities shall be located on approved lots which comply with
the minimum and maximum dimensional requirements as well as the utility
provisions which are further specified by the appropriate zoning district
in which the convalescent homes, nursing homes, rehabilitation centers,
assisted living care facilities and/or personal care facilities is
located.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
All convalescent
homes, nursing homes, rehabilitation centers, assisted living care
facilities and/or personal care facilities shall be designed in accordance
with the following general standards and requirements:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
The facility
shall be licensed or sanctioned by the Commonwealth of Pennsylvania.
(2)
The facility
is operated by a qualified staff consisting of licensed physicians,
psychologists, counselors, social workers, nurses and/or therapists,
who are available to serve the special needs of the residents or patients
who reside at the facility.
(3)
The owner
or sponsoring agency of the facility shall provide documentation to
the Zoning Officer that all building, fire, plumbing, heating, electrical
and similar facilities meet the standards established by the Muhlenberg
Township Code and by the Commonwealth of Pennsylvania.
(4)
At least
one supervisor at the facility shall be on call 24 hours per day,
seven days per week.
(5)
The facility
shall provide suitable areas for off-street parking spaces, loading
spaces, fire lanes and emergency vehicles.
(6)
Where appropriate,
there shall be a twenty-five-foot-wide buffer yard and planting screen
along the property lines at the perimeter of the facility to enhance
the privacy of the adjacent property owners. The design of the landscape
and planting screen shall be subject to the reasonable approval of
the Board of Commissioners.
(7)
Active and
passive recreation facilities may be permitted, provided that the
uses are considered subordinate to the principal use.
(8)
An emergency
management plan must be developed in the event of a catastrophic event
resulting from flooding, fire, snow, ice, earthquake, utility outage,
or other catastrophe. The emergency management plan should be submitted
to the Muhlenberg Township Emergency Management Coordinator for review
and consideration prior to the issuance of the use and occupancy permit.
The owner of the facility shall provide a copy of the emergency management
plan to the tenants of the convalescent home, nursing home, rehabilitation
centers, assisted living care facility and/or personal care facility.
D.
As part of the
special exception application, the Zoning Hearing Board may impose
other requirements deemed necessary or appropriate.
E.
Where required to comply with the provisions of the Muhlenberg Township Code, a subdivision plan and/or land development plan shall be submitted to Muhlenberg Township for review and consideration prior to the issuance of a building permit for the convalescent home, nursing home, rehabilitation center, assisted living care facility and/or personal care facility. The subdivision or land development plan shall be prepared to comply with the appropriate provisions of Chapters 310 and 355 of this Code.
F.
All convalescent
homes, nursing homes, rehabilitation centers, assisted living care
facilities and/or personal care facilities shall be subject to an
annual inspection by the Muhlenberg Township Zoning Officer, Code
Enforcement Officer, Sewage Enforcement Officer and/or Municipal Authority.
A.
The purpose of
this section of the chapter is to provide development and design standards
for age-qualified or continuing care retirement communities containing
single-family detached units, townhouse units, apartment units and/or
condominium units. The objectives of these provisions are outlined
as follows:
(1)
To provide
an optional approach for senior housing and community development
with provisions to permit more efficient utilization of land and of
community facilities and services.
(2)
To encourage
innovative residential land development that will conserve open space
and protect environmentally sensitive areas.
(3)
To efficiently
utilize the remaining undeveloped land area within Muhlenberg Township
while providing additional housing opportunities for persons over
55 years of age.
(4)
To implement
the recommendations concerning natural features, conservation management,
utilities, transportation, housing and land use, as outlined within
the Comprehensive Plan.
B.
Age-qualified or continuing care retirement communities, as defined under Article II of this chapter, are a permitted conditional use within the R-3, R-4, R-5 and C-1 Zoning Districts.
C.
Age-qualified
or continuing care retirement communities shall be developed, organized
and operated in accordance with all state and federal laws relative
to the housing of persons over 55 years of age. All such developments
shall be required to incorporate deed restrictions as part of a homeowners'
association or similar legal document to ensure that the age-qualified
or continuing care retirement community is securely managed. All such
deed restrictions shall be considered by Muhlenberg Township and recorded
with the approved land development plan.
D.
All age-qualified
or continuing care retirement communities shall be designed in accordance
with the following general design and eligibility requirements:
(1)
The minimum
amount of land in the development shall be five contiguous acres.
"Contiguous land area" shall be defined as a parcel of land that is
owned under a single deed or parcels of land that are owned under
multiple deeds, provided that the parcels of land are contiguous to
each other, having common deed boundaries, and are not physically
separated by parcels of land owned by other individuals or parties.
The Board of Commissioners shall consider contiguous parcels of land
that are physically separated by existing public roads, utility easements
or rights-of way, streams and/or other natural features, provided
that the applicant demonstrates that the age-qualified or continuing
care retirement community can be harmoniously designed as a unified
development.
(2)
Residential
uses containing single-family detached units, townhouses, apartments,
condominiums and their accessory structures and uses may be permitted
within an age-qualified or continuing care retirement community. Each
residential use shall be located on land suitably zoned, and the site
improvements shall be designed in an effort to protect significant
natural features and environmentally sensitive land areas. Dimensional
requirements for each permitted use are contained under this section
of the chapter.
(3)
All of the
uses contained within the development shall be served by public sanitary
sewage disposal facilities. As part of the conditional use application,
the applicant shall provide evidence that there are sufficient capacities
to service the development in accordance with the terms specified
on all pertinent municipal agreements.
(4)
All of the
uses contained within the development shall be served by public water
supply facilities. As part of the conditional use application, the
applicant shall provide evidence that there are sufficient capacities
to service the development in accordance with the terms specified
on all pertinent municipal agreements.
(5)
A minimum
of 40% of the gross area of the age-qualified or continuing care retirement
community shall be set aside as common open space. The area designated
as common open space shall comply with all provisions of this section
of the chapter. Where conflicts exist with other provisions of the
chapter, the provisions of this section of the chapter shall apply.
(6)
The maximum
permitted base residential density for age-qualified or continuing
care retirement communities containing single-family detached residential
units shall be as follows:
E.
The single-family
detached residential units within the age-qualified or continuing
care retirement community shall be designed to comply with the following
dimensional requirements:
(1)
Single-family
detached units may be permitted within the R-3, R-4, R-5 and C-1 Zoning
Districts.
(2)
All proposed
single-family detached residential units contained within the development
shall be located at least 40 feet from any property line or property
which is not owned by the applicant in predevelopment conditions.
(3)
The minimum
net lot area for each individual residential lot shall be 5,000 net
square feet.
(4)
The minimum
lot width for each individual residential lot shall be 60 feet.
(5)
The minimum
front-yard setback shall be 30 feet.
(6)
The minimum
side-yard setback shall be 10 feet as measured on each side.
(7)
The minimum
rear-yard setback shall be 20 feet.
(8)
The maximum
building height shall be 35 feet.
(9)
The maximum
building coverage shall be 40% for each lot.
(10)
The maximum
lot coverage shall be 60% for each lot.
F.
The townhouse
units within the age-qualified or continuing care retirement community
shall be designed to comply with the following design requirements.
(1)
Townhouse
units may be permitted within the R-3, R-4, R-5 and C-1 Zoning Districts.
(2)
All proposed
townhouse units contained within the development shall be located
at least 40 feet from any property line or property which is not owned
by the applicant in predevelopment conditions.
(3)
The minimum
width of a townhouse unit shall be 20 feet.
(4)
The building
setback line should be established 20 feet from the right-of-way line
or 30 feet from the curbline of the interior streets of the development.
(5)
The minimum
building separation from other groups of buildings within the development
shall be 60 feet, regardless of the orientation of the building.
(6)
The number
of townhouse units attached in a common row shall not exceed eight
attached townhouse units.
(7)
The maximum
height of a townhouse unit shall be 35 feet.
(8)
No more than
30% of the designated area for the townhouse units shall be covered
by buildings.
(9)
No more than
50% of the designated area for the townhouse units shall be covered
by impervious surfaces.
G.
The apartment
or condominium units within the age-qualified or continuing care retirement
community shall be designed to comply with the following design requirements:
(1)
Apartment
or condominium units may be permitted within the R-4, R-5 and C-1
Zoning Districts.
(2)
All proposed
apartment units or condominium units contained within the development
shall be located at least 40 feet from any property line or property
which is not owned by the applicant in predevelopment conditions.
(3)
The building
setback line should be established 20 feet from the right-of-way line
or 30 feet from the curbline of the interior streets of the development.
(4)
The minimum
building separation from other groups of buildings within the development
shall be 60 feet, regardless of the orientation of the building.
(5)
The maximum
length of the façade of any building containing individual
apartment or condominium units shall not exceed 250 feet, which shall
be measured along one direction of the building facade.
(6)
The maximum
depth of the façade of any building containing apartment or
condominium units shall not exceed 100 feet, which shall be measured
along one direction of the building facade.
(7)
The maximum
height of the building shall be 35 feet. The maximum height may be
increased to 45 feet or three floors, provided that a sprinkler system
or other fire-suppression apparatus is installed as per code requirements
and that adequate water supply and pressure is available for fire-suppression
and -protection.
(8)
No more than
30% of the total area of the development shall be covered by buildings
with occupying apartment or condominium units.
(9)
No more than
50% of the total area of the development shall be covered by impervious
surfaces.
H.
A density bonus
of 0.50 dwelling unit per gross acre may be added to the base residential
density requirements for each design objective (as contained within
this subsection) achieved as part of the conditional use application
or the land development plan application. The maximum permitted density
bonus shall not exceed 2.0 dwelling units per gross acre. As part
of the conditional use application or land development plan application,
Muhlenberg Township shall grant a density bonus for the following
design objectives that can be achieved as a result of the application:
(1)
The age-qualified
or continuing care retirement community provides consideration for
active recreation facilities on at least 25% of the land area designated
as open space within the development.
(2)
The age-qualified
or continuing care retirement community provides for passive recreation,
educational and/or ecological opportunities that are considered schematically
planned, contiguous and/or integrated with other passive recreation
areas on at least 25% of the land area designated as open space within
the development.
(3)
The age-qualified
or continuing care retirement community is designed with a village
atmosphere with unique or enhanced architectural value, including
utilizing natural building products for the building face (brick,
wood, stone or masonry products) and rooflines (mansards, gables or
hip roof designs).
(4)
The age-qualified
or continuing care retirement community provides additional open space
areas beyond the minimum requirement of 40% of the gross tract area,
regardless of configuration, whereas a 0.50 residential density bonus
shall be incrementally applied for each additional 5% of the gross
tract area that is designated as open space within the development.
The maximum density bonus for this provision shall not exceed 1.0
dwelling unit per acre.
(5)
The applicant
agrees to provide additional consideration for on-site traffic, drainage,
and public utility improvements over and above what is otherwise required
by the chapter, which are deemed necessary by Muhlenberg Township
to mitigate any existing or potential regional needs within the community.
(6)
The applicant
agrees to fund and complete substantial public improvements to mitigate
off-site impacts of the development, such as public streets and intersections,
stormwater management facilities, sanitary sewer improvements and/or
water supply improvements, which are identified by Muhlenberg Township
as a means to significantly mitigate the need for public expenditures
to resolve community needs associated to any degree with the proposed
preliminary subdivision and land development plan development.
I.
The age-qualified
or continuing care retirement community shall be designed in accordance
with the following planning and engineering considerations:
(1)
A sketch
plan shall be designed by the applicant, considering all of the goals,
objectives and design requirements of this section of the chapter.
The sketch plan shall show the tentative location of the lots, streets
and stormwater management facilities as they relate to the natural
features and environmentally sensitive areas present on the site of
the development. The sketch plan shall be required as a prerequisite
to the formal submission of a preliminary subdivision and land development
plan.
(2)
All land
and water areas that are not utilized for the residential uses, streets,
off-street parking, utilities, or other permitted uses within the
age-qualified or continuing care retirement community shall be set
aside and maintained as common open space.
(3)
The proposed
residential units and uses within the age-qualified or continuing
care retirement community shall have suitable access to an existing
public street.
(4)
No more than
two segments with 200 combined linear feet of road surface, as measured
along the center line of the road(s) within the age-qualified or continuing
care retirement community, shall be constructed upon the areas defined
as Category 3 slopes.
(5)
The applicant
shall be responsible for designing, permitting and constructing of
all site improvements that are required by Muhlenberg Township to
accommodate the proposed development.
(6)
Each residential
use within the age-qualified or continuing care retirement community
shall have access to an off-street parking area, which shall be designed
to meet the following minimum requirements:
(a)
A minimum
of 2.0 off-street parking areas shall be provided for each single-family
detached dwelling unit.
(b)
A minimum
of 1.7 off-street parking spaces shall be provided for each townhouse
unit.
(c)
A minimum
of 1.4 off-street parking spaces shall be provided for each apartment
unit or condominium unit.
(d)
Muhlenberg
Township may require additional off-street parking spaces up to 0.5
space per residential unit in order to accommodate overflow parking
for professional care personnel, employees, vendors, guests and/or
relatives.
(7)
The age-qualified or continuing care retirement community shall be designed with off-street loading spaces in accordance with the provisions specified under § 355-114 of the chapter. As part of the conditional use application, Muhlenberg Township may consider a modification to the quantity, location, size and design of the required off-street loading area.
J.
The age-qualified
or continuing care retirement community shall be designed in accordance
with the following architectural, landscaping and exterior enhancement
standards:
(1)
The age-qualified or continuing care retirement community shall be designed with regard to the topographic, hydrologic and natural features of the site. The purpose of this provision is to ensure that the natural features of the development are preserved and protected to the extent that it is not necessary to disturb the site in order to implement the conditional use plan, utilizing the objective criteria and standards of Chapters 355 and 310 of the Code relating to the proposed housing types, street locations and required infrastructure and their intended location within the site.
(2)
A natural
features plan shall be developed to identify the locations of floodplains,
surface waters, wetlands, Category 2 and 3 slopes, woodlands, rock
outcroppings, and other significant features. The natural features
plan shall be considered as part of the conditional use application
and land development plan application.
(3)
A preliminary
grading plan shall be developed to identify the limits of disturbance
for all municipal site improvements within the age-qualified or continuing
care retirement community, depicting the proposed location thereof
in relation to lakes, ponds, streams, floodplains, wetlands, tree
masses and hedgerows. Design components shall be implemented to minimize
extensive earthmoving, utilizing typical planning and engineering
practices.
(4)
The applicant
should give special attention to the main entrance(s) to the age-qualified
or continuing care retirement community. The use of lighting, water
and/or landscaping products in conjunction with a boulevard street
design should be considered as a prominent feature of the development.
(6)
The age-qualified
or continuing care retirement community shall provide a twenty-foot-wide
buffer yard and planting screen along the property lines at the perimeter
of the development tract to enhance the privacy of the adjacent property
owners. The areas designated for municipal improvements and/or public
utilities shall be exempt from this requirement. The use of existing
mature trees (six inches in caliper) is encouraged and may be utilized
as part of the required buffer yard. The design of the landscape and
planting screen shall be subject to the reasonable approval of the
Board of Commissioners.
(7)
The age-qualified
or continuing care retirement community shall be designed to preserve
and incorporate scenic, natural, historical and cultural features.
As part of the conditional use application and the land development
plan application, the applicant shall apply the provisions for landscaping,
recreation and open space to preserve and enhance the integrity of
the development.
(8)
Exterior
storage areas for trash and rubbish shall be completely screened from
view on three sides by fencing and landscaping. All trash and rubbish
shall be contained in verminproof containers.
K.
The design of
the land or water areas which are to be designated as common open
space shall comply with the following standards and specifications:
(1)
A minimum
of 40% of the gross area of the development tract shall be set aside
as common open space.
(2)
No more than
25% of the required common open space shall be located on lands within
areas that are located within the one-hundred-year floodplain, areas
delineated as wetlands and/or Category 2 or 3 slopes.
(3)
No more than
25% of the required common open space shall include land areas that
are burdened by preexisting utilities contained within easements and/or
stormwater management facilities, as further described under the Muhlenberg
Township Code.
(4)
No more than
25% of the required common open space shall include land areas that
are burdened by proposed utilities easements and/or stormwater management
facilities, as further described under the Muhlenberg Township Code.
(5)
The common
open space shall be planned and located as an accessible area within
the development. Existing and/or proposed roads may bisect the areas
designated as common open space, provided a crosswalk at grade is
safely designed to link the common open space areas. Planned linkages
to other common open space areas within other adjacent residential
developments shall be considered by the applicant as part of the conditional
use application.
(6)
Significant
natural features, including floodplains, surface waters, wetlands,
Category 2 and 3 slopes, woodlands, rock outcroppings and other significant
features, shall be incorporated into the overall design of the common
open space.
(7)
A system
for pedestrian circulation throughout the development shall be provided
by utilizing sidewalks and trails.
(8)
The total
land area designated to comply with the minimum open space requirements
shall be comprised of areas not less than 50 feet in width and shall
not contain less than one contiguous acre of land. In addition, there
shall be at least one designated common area that is contiguous within
the age-qualified or continuing care community, containing no less
than 25% of the required open space.
(9)
For all common
open spaces, satisfactory written agreements approved by the Board
of Commissioners shall be executed as declarations of easements, covenants
and restrictions in perpetuity for the preservation of the common
open spaces and shall be recorded with the approved final plan.
(10)
The applicant
shall make arrangements, provisions and/or agreements to ensure that
the common open space shall continue to be adequately managed and
maintained. The applicant shall have the following options for ownership,
management and maintenance of the common open space:
(a)
Retain
the ownership, management and maintenance responsibilities.
(b)
Dedicate
the land encompassing the common open space to a homeowners' association,
which is comprised of all the residents of the development; or
(c)
Dedicate
the land encompassing the common open space to Muhlenberg Township,
which shall have the option to accept or refuse the land offered for
dedication.
(11)
The provisions
specified herein for common open space do not relieve the applicant
of other requirements for open space and recreation as specified within
the Muhlenberg Township Code, with which the applicant shall comply.
L.
In addition to
the permitted single-family detached residential units, the proposed
age-qualified or continuing care retirement community may contain
the following nonresidential uses, provided they are considered as
part of the conditional use application:
(1)
Office space
consisting of no more than 5,000 square feet and utilized for the
purposes of conducting customary business, sales, meetings and/or
maintenance, which are exclusively associated with the age-qualified
or continuing care retirement community and which are owned and operated
by the developer or homeowners' association.
(2)
Medical offices
consisting of no more than 5,000 square feet and utilized for the
purposes of conducting medical, dental, therapeutic or counseling
services, which are exclusively designated for the residents within
the age-qualified or continuing care retirement community, and which
are owned and operated by the developer or homeowners' association.
(3)
Indoor recreation
and/or community center consisting of no more than 10,000 square feet
and utilized exclusively by the residents of the age-qualified or
continuing care retirement community.
(4)
Active and
passive recreation uses conducted on the areas designated as common
open space.
(5)
Municipal
uses, subject to the provisions of the Muhlenberg Township Code.
(6)
Public utilities,
subject to the provisions of the Muhlenberg Township Code.
A.
Tourist, bed-and-breakfast, rooming houses or boardinghouses, as defined under Article II of this chapter, are permitted by special exception within the R-1 and R-2 Zoning Districts.
B.
All tourist or
bed-and-breakfast establishments shall be designed in accordance with
the following general design requirements:
(1)
A tourist
establishment or a bed-and-breakfast establishment shall be contained
within a single-family detached, owner-occupied dwelling unit. The
principal use shall remain that of a single-family detached residential
dwelling unit.
(2)
The owner
of the tourist or bed-and-breakfast establishment shall be a permanent
resident of the establishment.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
Unless otherwise
specified by this chapter, all tourist or bed-and-breakfast establishments
shall be located on approved lots which comply with the minimum and
maximum dimensional requirements as well as the utility provisions
which are further specified by the appropriate zoning district in
which the tourist or bed-and-breakfast establishment is located.
(4)
A tourist
or bed-and-breakfast establishment shall not have more than five rental
units and shall not house more than 10 guests.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(5)
The principal
residential use or single-family dwelling shall contain complete sanitary
sewage disposal services, washing and bathing facilities, and a central
kitchen with complete cooking facilities to accommodate the occupants
plus all of the guests. No cooking facilities of any kind shall be
permitted in any rental units.
(6)
The applicant
shall provide documentation to the Zoning Hearing Board, Zoning Officer,
Code Enforcement Officer and Sewage Enforcement Officer that all plumbing,
heating, electrical, sanitary sewer, storm sewer and similar facilities
comply with all applicable ordinances, regulations and laws of Muhlenberg
Township and/or the Commonwealth of Pennsylvania.
(7)
Meals shall
only be offered to registered overnight guests.
(8)
A minimum
of one off-street parking space shall be required for each permanent
occupant of the house plus one space for each of the rental units.
The proposed off-street parking spaces shall be located at least 25
feet from all property lines and shall comply with the design requirements
specified by this chapter. The off-street parking spaces shall be
screened from the roadways and other adjacent properties with suitable
landscaping materials.
(9)
All external
amenities provided for the guests, including swimming pools, whirlpool
spas, tennis courts, gazebos, entertainment areas, and other common
facilities, shall be located at least 50 feet from all property lines.
(10)
Nonresident
employees shall be limited to two employees.
(11)
A single
decorative on-site sign, measuring four square feet per side, shall
be permitted for the tourist or bed-and-breakfast establishment. The
proposed sign shall be subject to all other requirements specified
by the chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(12)
An emergency
management plan must be developed in the event of a catastrophic event
resulting from flooding, fire, snow, ice, earthquake, utility outage,
or other catastrophe. The emergency management plan should be submitted
to the Muhlenberg Township Emergency Management Coordinator for review
and consideration prior to the issuance of the use and occupancy permit.
The resident owner shall provide a copy of the emergency management
plan in each rental unit as well as the front desk.
(13)
The resident
owner shall maintain a guest register list which shall include the
names, addresses and length of stay of all guests.
(14)
The length
of stay for any guest at a bed-and-breakfast establishment shall not
exceed 10 days.
C.
All rooming house
or boardinghouse establishments shall be designed in accordance with
the following general design requirements:
(1)
A rooming
house or boardinghouse establishment shall be contained within a single-family
detached, owner-occupied dwelling unit. The principal use shall remain
that of a single-family detached residential dwelling unit.
(2)
The owner
of the rooming house or boardinghouse establishment shall be a permanent
resident of the establishment.
(3)
Unless otherwise
specified by this chapter, all rooming house or boardinghouse establishments
shall be located on approved lots which comply with the minimum and
maximum dimensional requirements as well as the utility provisions,
which are further specified by the appropriate zoning district in
which the rooming house or boardinghouse establishment is located.
(4)
A rooming
house or boardinghouse establishment shall not have more than three
rental units and shall not house more than four unrelated occupants.
(5)
The principal
residential use or single-family dwelling shall contain complete sanitary
sewage disposal services, washing and bathing facilities, and a central
kitchen with complete cooking facilities to accommodate all of the
occupants. No cooking facilities of any kind shall be permitted in
any rental units.
(6)
The applicant
shall provide documentation to the Zoning Hearing Board, Zoning Officer,
Code Enforcement Officer and Sewage Enforcement Officer that all plumbing,
heating, electrical, sanitary sewer, storm sewer and similar facilities
comply with all applicable ordinances, regulations and laws of Muhlenberg
Township and/or the Commonwealth of Pennsylvania.
(7)
A minimum
of two off-street parking spaces shall be required for the single-family
dwelling plus one space for each of the rental units. The proposed
off-street parking spaces shall comply with the design requirements
specified by this chapter.
(8)
No signs
shall be permitted to advertise or identify the location of a rooming
house or boardinghouse establishment.
(9)
The resident
owner shall maintain a guest register list, which shall include the
names, addresses and length of stay of all guests.
D.
All tourist,
bed-and-breakfast, rooming house or boardinghouse establishments shall
be subject to annual inspection by the Muhlenberg Township Zoning
Officer, Code Enforcement Officer, Sewage Enforcement Officer and/or
Municipal Authority.
A.
Mobile home parks, as defined under Article II of this chapter, are permitted by special exception within the I-1 Zoning District.
B.
All mobile home
parks shall be designed in accordance with the following design and
eligibility requirements:
(1)
The mobile
home park shall consist of a minimum contiguous land area of 10 acres.
"Contiguous land area" shall be defined as a parcel of land that is
owned under a single deed or parcels of land that are owned under
multiple deeds, provided that the parcels of land are contiguous to
each other, having common deed boundaries, and are not physically
separated by parcels of land owned by other individuals or parties.
The Zoning Hearing Board shall consider contiguous parcels of land
that are physically separated by existing public roads, utility easements
or rights-of way, streams and/or other natural features, provided
that the applicant demonstrates that the mobile home park can be harmoniously
designed.
(2)
The mobile
home park shall be served by public sewage disposal facilities and
public water supply facilities.
(3)
A minimum
of 40% of the land area within the mobile home park shall be set aside
as common open space. The location, character, management and utilization
of the common open space shall comply with all applicable specifications
concerning open space.
(4)
The mobile
home park shall be designed with regard to the topographic and natural
features of the site. All natural features (lakes, streams, topsoil,
knolls, basins, trees and shrubs) should be preserved and incorporated
into the final landscaping whenever possible and desirable. The finished
topography shall adequately facilitate the mobile home park without
excessive earthmoving and neglect for the natural amenities.
(5)
The mobile
home park shall not exceed eight dwelling units per gross acre.
C.
The mobile homes
located within the mobile home park shall be located on individual
lots or lease areas and shall be designed to comply with the following
dimensional requirements:
(1)
The minimum
lot area or lease area for each individual mobile home shall be 2,500
square feet.
(2)
The minimum
lot width for each individual mobile home lot or lease area shall
be 40 feet.
(3)
The minimum
front-yard setback shall be 20 feet.
(4)
The minimum
side-yard setback shall be 10 feet as measured on each side.
(5)
The minimum
rear-yard setback shall be 20 feet.
(6)
The maximum
lot coverage shall be 70% for each lot or lease area.
(7)
All proposed
mobile homes within the mobile home park shall be located at least
50 feet from any property line or property which is not owned by the
applicant in predevelopment conditions.
(8)
No structure shall be constructed on or within 50 feet of any features designated as part of the conservation overlay districts identified under Article V of this chapter.
(9)
No more than
one mobile home shall be placed on a mobile home lot or lease area,
and such mobile home shall be occupied by not more than one single
family.
(10)
Unless
otherwise specified by this chapter, the minimum separation distance
for mobile homes shall be 20 feet.
D.
All mobile home
parks shall be subject to the following development and procedural
requirements:
(1)
The mobile
home park shall provide an evergreen planting screen at least 20 feet
in depth along the property line at the periphery of the development
to protect the privacy of adjacent residents.
(2)
Unless otherwise
specified by this chapter, no part of the mobile home park shall be
used to accommodate nonresidential residential uses.
(3)
There shall
be at least one street within the mobile home park which serves as
an internal collector street from which minor streets shall turn out,
so as to provide direct access to each mobile home lot or lease area.
All streets shall be designed and constructed to all applicable Township
specifications.
(4)
All entrances
shall conform to the standards of the Pennsylvania Department of Transportation
and Muhlenberg Township. A traffic impact study should be prepared
to assess the needs for on-site and off-site traffic improvements
which may be required to facilitate the mobile home park. The traffic
impact study shall be submitted to Muhlenberg Township for review
and consideration as part of the overall development plan.
(5)
A minimum
of two off-street parking spaces measuring 10 feet by 20 feet shall
be provided for each mobile home lot or lease area. A common off-street
parking area may be designed to accommodate the required off-street
parking requirements and/or to provide additional spaces for overflow
parking spaces. No on-street parking shall be permitted within the
mobile home park.
(6)
Each mobile
home space shall be provided with a hard-surfaced mobile home stand,
providing a foundation wall and/or footing that will not heave, shift,
settle or move due to frost action, inadequate drainage, vibration
or other forces acting on the superstructure.
(7)
All mobile
homes shall be located, erected and anchored in accordance with all
applicable standards and provisions specified in the Muhlenberg Township
Code and/or the manufacturer's specifications.
(8)
Each mobile
home stand shall be equipped with utility connections. For reasons
of safety, the space between the mobile home stand and the mobile
home floor shall be permanently enclosed to prevent unauthorized entry
and to conceal all supports and utility connections. Each stand shall
be located at such elevation, distance and angle in relation to the
access street and mobile home accessory that the placement and removal
of the mobile home is practical.
(9)
The area
between the ground level and the perimeter of the mobile home shall
be enclosed by means of a suitable skirting.
(10)
Every mobile home and open space areas shall have access to an improved street within the mobile home park in accordance with Chapter 310, Subdivision and Land Development, of the Muhlenberg Township Code.
(11)
A subdivision
and land development plan shall be submitted to Muhlenberg Township
for review and consideration.
(12)
Unless
otherwise required by the utility provider, all public utility services
shall be underground within the mobile home park.
(13)
Exterior
storage areas for refuse stations shall be properly screened from
the view of all mobile homes within the mobile home park and from
adjacent property owners. All containers shall be airtight, verminproof
and have adequate storage capacity to accommodate the projected volumes
of solid waste. The mobile home park shall have a solid waste management
plan.
(14)
All mobile
home parks containing 25 or more mobile homes shall employ the services
of a qualified manager. The manager shall reside at the mobile home
park and shall be responsible for the operation and maintenance of
the park.
(15)
The owner
or manager of the mobile home park shall provide Muhlenberg Township
with a list of tenants who reside within the mobile home park. Any
change in tenancy shall be reported to the Township within two weeks.
The Muhlenberg Township Zoning Officer or Code Enforcement Officer
shall have the right to inspect the mobile home park to determine
if compliance with all provisions of the chapter are in order.
E.
The design of
the land or water areas which are to be designated as common open
space shall comply with the following standards and specifications:
(1)
A minimum
of 40% of the gross area of the mobile home park shall be set aside
as common open space.
(2)
No more than
50% of the common open space shall be located on lands within areas
that are located within the one-hundred-year floodplain, areas delineated
as wetlands and/or areas exceeding 20% in slope.
(3)
No more than
50% of the common open space shall include land areas that are burdened
by or are proposed to contain utilities easements and/or stormwater
management facilities, as further described within the Muhlenberg
Township Code.
(4)
The common
open space shall be planned and located as a contiguous accessible
area within the mobile home park. Existing and/or proposed roads may
bisect the areas designated as common open space, provided a crosswalk
at grade is safely designed to link the common open space areas. Planned
linkages to other common open space areas within other adjacent residential
developments shall be considered by the applicant as part of the conditional
use application.
(5)
Significant
natural features shall be incorporated into the overall schematic
of the design as common open space areas whenever possible.
(6)
A system
for pedestrian circulation throughout the development shall be provided
by utilizing sidewalks and trails.
(7)
The total
land area designated to comply with the minimum open space requirements
shall be comprised of areas not less than 50 feet in width and shall
not contain less than one contiguous acre of land. In addition, there
shall be at least one designated common area that is contiguous within
the multifamily apartment unit development, containing no less than
25% of the required open space.
(8)
For all common
open spaces, satisfactory written agreements approved by Muhlenberg
Township shall be executed as declarations of easements, covenants
and restrictions in perpetuity for the preservation of the common
open spaces and shall be recorded with the final plan.
(9)
The applicant
shall make arrangements, provisions and/or agreements to ensure that
the common open space shall continue to be adequately managed and
maintained. The applicant shall have the following options for ownership,
management and maintenance of the common open space:
(a)
Retain
ownership of the land encompassing the common open space areas;
(b)
Dedicate
the land encompassing the common open space to a homeowners' association,
which is comprised of all the residents of the development; or
(c)
Dedicate
the land encompassing the common open space to Muhlenberg Township,
which shall have the option to accept or refuse the land offered for
dedication.
(10)
The provisions
specified herein for common open space do not relieve the applicant
of other requirements for open space and recreation as specified within
the Muhlenberg Township Code, with which the applicant shall comply.
F.
In addition to
the permitted mobile homes, the proposed mobile home park may contain
the following nonresidential uses, provided they are considered as
part of the conditional use application:
(1)
Office space
consisting of no more than 5,000 square feet and utilized for the
purposes of conducting customary business, management, sales, meetings,
laundry facilities, storage, and/or maintenance which are directly
associated with the mobile home park.
(2)
Indoor recreation
and/or community center consisting of no more than 10,000 square feet
and utilized exclusively by the residents of the mobile home park.
(3)
Active and
passive recreation uses conducted on the areas designated as common
open space.
G.
Unless otherwise specified by this chapter, all mobile homes, mobile home lots or mobile home lease areas that are located within a mobile home park and do not comply with the provisions specified within this chapter of the Code shall be considered nonconforming and subject to the provisions established under Article XII of this chapter.
A.
Mixed uses containing commercial and residential uses, as defined under Article II of this chapter, are permitted by special exception within the C-1 Zoning District.
B.
Mixed uses containing
combined commercial and residential uses shall be designed in accordance
with the following general design requirements:
(1)
The mixed
uses shall be limited to uses permitted by right within the C-1 Zoning
District and residential rental units or apartments.
(2)
The first
floor of the mixed-use structure shall be limited to commercial use,
which shall be considered as the principal use of the property that
is owned and managed by the owner of the permitted commercial use.
(3)
The second
floor of the mixed-use structure shall contain no more than two residential
rental units or apartment units, which shall be considered subordinate
uses to the commercial use occupied on the first floor.
(4)
The principal
and subordinate uses within the mixed-use structure shall have separate
utility connections for sanitary sewage disposal, water supply, electric,
telephone, natural gas and cable services.
(5)
The minimum
net land area required to facilitate a mixed-use structure shall be
40,000 square feet. The minimum and maximum dimensional requirements
for mixed-use structures are further defined under the provisions
of the C-1 Zoning District.
(6)
Each of the
residential rental units or apartment units shall contain separate
sanitary sewage disposal services, washing and bathing facilities,
and a complete kitchen with cooking facilities.
(7)
The applicant
shall provide documentation to the Zoning Hearing Board, Zoning Officer,
Code Enforcement Officer and Sewage Enforcement Officer that all plumbing,
heating, electrical, sanitary sewer, storm sewer and similar facilities
comply with all applicable ordinances, regulations and laws of Muhlenberg
Township and/or the Commonwealth of Pennsylvania.
(8)
In addition
to the number of off-street parking spaces required to accommodate
the commercial or principal use of the mixed-use structure, a minimum
of two off-street parking spaces shall be required for each residential
rental unit or apartment unit.
(9)
An emergency
management plan must be developed in the event of a catastrophic event
resulting from flooding, fire, snow, ice, earthquake, utility outage,
or other catastrophe. The emergency management plan should be submitted
to the Muhlenberg Township Emergency Management Coordinator for review
and consideration prior to the issuance of the use and occupancy permit.
The owner of the mixed-use structure shall provide a copy of the emergency
management plan to the tenants of the residential rental units or
apartment units.
C.
All mixed-use
structures shall be subject to an annual inspection by the Muhlenberg
Township Zoning Officer, Code Enforcement Officer, Sewage Enforcement
Officer and/or Municipal Authority.
A.
Student housing or dormitories, as defined under Article II of this chapter, are permitted by conditional use within the R-5 Zoning District.
B.
All student housing
or dormitory developments shall be designed in accordance with the
following general design requirements:
(1)
The minimum
amount of land in the development shall be 10 contiguous acres. "Contiguous
land area" shall be defined as a parcel of land that is owned under
a single deed or parcels of land that are owned under multiple deeds,
provided that the parcels of land are contiguous to each other, having
common deed boundaries, and are not physically separated by parcels
of land owned by other individuals or parties. The Board of Commissioners
shall consider contiguous parcels of land that are physically separated
by existing public roads, utility easements or rights-of way, streams
and/or other natural features, provided that the applicant demonstrate
that the development can be harmoniously designed.
(2)
All of the
uses contained within the development shall be served by public sanitary
sewage disposal facilities. As part of the conditional use application,
the applicant shall provide evidence that there are sufficient capacities
to service the development in accordance with the terms specified
on all pertinent municipal agreements.
(3)
All of the
uses contained within the development shall be served by public water
supply facilities. As part of the conditional use application, the
applicant shall provide evidence that there are sufficient capacities
to service the development in accordance with the terms specified
on all pertinent municipal agreements.
(4)
The student
housing units or dormitories shall be designed to resemble traditional
multifamily apartments or townhouses.
(5)
The maximum
permitted residential density (student-occupied units per gross acre)
for student housing or dormitory developments shall be five occupied
units per gross acre.
(6)
A minimum
of 50% of the gross area of the student housing or dormitory development
shall be set aside as common open space.
C.
The student housing
or dormitory development shall be designed to comply with the following
minimum and maximum dimensional requirements:
(1)
The total
number of individual student-occupied units contained within a single
building shall not exceed 50 units.
(2)
The building
setback line should be established 50 feet from the right-of-way line
or 60 feet from the curbline.
(3)
The minimum
building separation for student housing units or dormitories shall
be as follows:
(4)
The maximum
length of any building occupying student housing units shall not exceed
160 feet.
(5)
The maximum
depth of any building occupying student housing units shall not exceed
80 feet.
(6)
All student
housing units or dormitories within the development shall be located
at least 60 feet from any property line or property which is not owned
by the applicant in predevelopment conditions.
(7)
No more than
25% of the total area of the development shall be covered by buildings.
(8)
No more than
40% of the total area of the development shall be covered by impervious
surfaces.
D.
The student housing
or dormitory development shall be designed in accordance with the
following architectural, landscaping and exterior enhancement standards:
(1)
The development shall be designed with regard to the topographic and natural features of the site. The purpose of this provision is to ensure that the natural features of the development are preserved and protected to the extent that it is not necessary to disturb the site in order to implement the conditional use plan, utilizing the objective criteria and standards of Chapters 355 and 310 of this Code relating to the proposed housing types, street locations and required infrastructure and their intended location within the site.
(2)
A preliminary
grading plan shall be developed to identify the limits of disturbance
for all municipal site improvements within the student housing or
dormitory development, depicting the proposed location thereof in
relation to lakes, ponds, streams, floodplains, wetlands, tree masses
and hedgerows. Design components shall be implemented to minimize
extensive earthmoving, utilizing typical planning and engineering
practices.
(3)
A landscaping
plan shall be submitted to Muhlenberg Township for consideration as
part of the conditional use application. Unless otherwise permitted
by the Board of Commissioners, the applicant shall provide five new
trees per gross acre of land. The trees should be a minimum of 2.5
inches in caliper and shall be planted either as street trees, as
part of the buffer yard, or within the areas designated as common
open space.
(4)
The student
housing or dormitory development shall provide a twenty-five-foot-wide
buffer yard and planting screen along the property lines at the perimeter
of the development tract to enhance the privacy of the adjacent property
owners. The design of the landscape and planting screen shall be subject
to the reasonable approval of the Board of Commissioners. The use
of existing mature trees (six inches in caliper as measured four feet
from the ground) is encouraged and may be utilized as part of the
required buffer yard.
(5)
In addition to the provisions specified under Article X of this chapter, the common off-street parking areas and access drives shall be designed considering the following requirements:
(a)
The parking
areas shall not be designed or located to require cars to back into
streets in order to leave the parking areas. All dead-end parking
lots shall provide adequate areas in which emergency and commercial
vehicles can safely maneuver.
(b)
Common
parking areas and access drives shall be located a minimum of 20 feet
from all student housing units or dormitories within the development.
Common parking areas shall be a minimum of 20 from all street rights-of-way
and exterior lot lines of the development.
(c)
The entrance
and exit ways to parking areas shall have a minimum width of 12 feet
for each lane of traffic entering or leaving the areas.
(d)
Parking areas shall be designed to prevent through traffic to other parking areas. No more than 60 off-street parking spaces shall be accommodated in any one parking area. All common parking areas shall be sufficiently screened and landscaped in accordance with the standards specified under § 355-102 of this chapter.
(e)
Entrances
to and exits from common parking areas shall be located a minimum
of 150 feet from the point of intersection of the nearest street curblines.
(6)
Exterior
storage areas for trash and rubbish shall be completely screened from
view on three sides by fencing and landscaping. All trash and rubbish
shall be contained in verminproof containers.
E.
The design of
the land or water areas which are to be designated as common open
space shall comply with the following standards and specifications:
(1)
A minimum
of 50% of the gross area of the development tract shall be set aside
as common open space.
(2)
No more than
50% of the common open space shall be located on lands within areas
that are located within the one-hundred-year floodplain, areas delineated
as wetlands and/or areas exceeding 20% in slope.
(3)
No more than
50% of the common open space shall include land areas that are burdened
by or are proposed to contain utilities easements and/or stormwater
management facilities, as further described within the Muhlenberg
Township Code.
(4)
The common
open space shall be planned and located as a contiguous accessible
area within the development. Existing and/or proposed roads may bisect
the areas designated as common open space, provided a crosswalk at
grade is safely designed to link the common open space areas. Planned
linkages to other common open space areas within other adjacent residential
developments shall be considered by the applicant as part of the conditional
use application.
(5)
Significant
natural features shall be incorporated into the overall schematic
of the design as common open space areas whenever possible.
(6)
A system
for pedestrian circulation throughout the development shall be provided
by utilizing sidewalks and trails.
(7)
The total
land area designated to comply with the minimum open space requirements
shall be comprised of areas not less than 50 feet in width and shall
not contain less than one contiguous acre of land.
(8)
For all common
open spaces, satisfactory written agreements approved by the Board
of Commissioners shall be executed as declarations of easements, covenants
and restrictions in perpetuity for the preservation of the common
open spaces and shall be recorded with the final plan.
(9)
The applicant
shall make arrangements, provisions and/or agreements to ensure that
the common open space shall continue to be adequately managed and
maintained.
(10)
The provisions
specified herein for common open space do not relieve the applicant
of other requirements for open space and recreation, as specified
within the Muhlenberg Township Code, with which the applicant shall
comply.
F.
In addition to
the proposed student-occupied units, the development may contain accessory
uses that are considered customary to student housing units or dormitories.
G.
An emergency
management plan must be developed in the event of a catastrophic event
resulting from flooding, fire, snow, ice, earthquake, utility outage,
or other catastrophe. The emergency management plan should be submitted
to the Muhlenberg Township Emergency Management Coordinator for review
and consideration prior to the issuance of the use and occupancy permit.
The owner of the mixed-use structure shall provide a copy of the emergency
management plan to the tenants of the residential rental units or
apartment units.
