[HISTORY: Adopted by the Board of Supervisors of the Township of Weisenberg 2-5-1998 by Ord. No. 98-1. Amendments noted where applicable.]
This chapter authorizes, upon the issuance of a special permit, the installation of a temporary accessory housing structure for the purpose of housing elderly parents or grandparents of an owner of a property for a limited time on the same lot as the owner's primary residence.
A. 
Purposes of this chapter.
(1) 
To permit adult children to provide small temporary residences for their aging parents or grandparents who are in need of support, while maintaining as much of the independence of the two generations as possible;
(2) 
To reduce the degree to which frail elderly homeowners have to choose between increasing isolation in their own homes and institutionalization in long-term care homes;
(3) 
To develop housing types that are appropriate for households at a variety of stages in the life cycle; and
(4) 
To permit temporary accessory housing in a manner that will protect property values by insuring that the homes are compatible with the neighborhood and are easily removed.
B. 
Title. This chapter shall be referred to as the "Temporary Accessory Housing Structure for the Elderly Ordinance."
A special permit shall be issued for a temporary accessory housing structure to lot owners of record, provided the following requirements are satisfied:
A. 
A site plan shall be presented to the Township Manager which sets forth the location of the placement of a structure with a minimum floor area of 280 square feet for one occupant and 400 square feet for two occupants, except a mobile home shall contain not less than 500 square feet of floor space. Said housing structure shall not exceed a total floor area of 900 square feet or a height of 16 feet. Only one temporary accessory housing structure may be placed on the same lot as the primary residence.
[Amended 7-14-2008 by Ord. No. 08-02]
B. 
A temporary accessory housing structure shall only be placed upon a lot that is conforming to the requirements of its respective zoning district.
C. 
The total area of buildings, including the temporary accessory housing structure, shall be in conformity with the maximum building coverage of the lot regulations for residential uses of the respective zoning district.
D. 
The temporary accessory housing structure must be located within the minimum yard requirements required by Chapter 500, Zoning, of the Code of the Township of Weisenberg, for the respective zoning district. No temporary accessory housing structure may be placed in any front yard. The structure must be located so as to allow clear access to equipment to place and remove it. The site plan shall provide a location which addresses aesthetic and community character concerns, especially those of adjoining neighbors.
E. 
The site plan shall provide for adequate parking for any vehicle for the temporary accessory housing structure.
F. 
Access must be provided to the temporary accessory housing structure separate from that of the primary residence. Walkways from parking areas and the primary residence to the structure shall be suitable for wheelchair and emergency medical services access. The structure must be designed to accommodate future installation of a wheelchair ramp.
G. 
Construction.
(1) 
Any temporary accessory housing structure should follow the "Recommended Construction and Installation Standards" published by the American Association of Retired Persons or a similarly recognized national standard for housing of the elderly.
(2) 
The temporary accessory housing structure shall have at least two exit doors.
(3) 
The applicant shall certify that the structure meets at least the minimum requirements of the applicable building or construction code, including Subpart C, Fire Safety, Department of HUD's "Manufactured Home Construction Safety Standards," at 24 CFR 3280.201 et seq., and Chapter 225, Construction Codes, Uniform, Article I.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
H. 
The exterior of the temporary accessory housing structure shall be compatible with the principal residence.
I. 
Water and sewage.
(1) 
Adequate sewage disposal and potable water supply must be provided by utilization of the existing facilities servicing the primary residence or installation of separate systems. If existing on-lot facilities are to be used, the applicant shall certify that they will be adequate for both dwellings.
(2) 
The Sewage Enforcement Officer shall review a report prepared by the owner's consultant on the condition of the facilities and his findings shall be included with the application for the special permit. The lot area and sewage system must be sufficient to satisfy the sewage requirements for new residential construction.
(3) 
The applicant must provide evidence that the septic tank has been cleaned within the previous 36 months or shall do so before the permit is issued.
J. 
Occupancy.
(1) 
The record owner(s) of the principal residence and lot must live in one of the dwelling units on this lot.
(2) 
At least one occupant of the temporary accessory housing structure must be a parent or grandparent by blood, marriage or adoption of at least one occupant of the primary residence.
(3) 
In no case shall there be more than two occupants of the temporary accessory housing structure.
(4) 
At least one occupant of the temporary accessory housing structure must be unable to live independently because of mental or physical illness or disability. Confirmation of mental or physical illness or disability shall be certified by a licensed practicing physician.
K. 
Removability.
(1) 
The foundation of the temporary accessory housing structure shall be of removable materials so that the lot may be restored with no visible evidence of the structure remaining after removal and with as little expense as possible.
(2) 
No permanent fencing, walls or other structures shall be installed which would hinder removal of the housing structure.
(3) 
A performance bond of $10,000 or an equivalent financial security as approved by the Board of Supervisors shall be posted by the lot owner with the Township to assure ultimate removal. All applicants, record property owners and all occupants of said tract will be required to execute any and all documents in a form and content satisfactory to the Township Solicitor that will allow the Township to enter upon the property for purposes of removal of the structure and provide for its disposal.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4) 
In the event of a failure in the sewage system and there is no repair within 30 days after notice from the Township, the use of the temporary accessory housing structure will be discontinued immediately until the system is satisfactorily restored and the Township may revoke the permit and proceed with removal of the housing structure without any liability.
L. 
The Board of Supervisors may add other appropriate or more stringent conditions where deemed necessary to protect public health, safety and welfare and the single-family character of the neighborhood. The Board may require additional documents other than those listed above to ensure that the intent and the policy of this chapter is fulfilled.
A. 
Submission of application. The property owner(s) must submit a written application with an attached sketch plan to the Township Manager which addresses the requirements of a special permit for a temporary accessory housing structure and includes the following information with adequate proof thereof.
(1) 
The names and addresses of all owners of record and the proposed occupants of the temporary accessory housing structure.
(2) 
The relationship of the proposed occupant(s) to owner(s) and an agreement that the occupant(s) will meet the eligibility standards of § 176-2J of this chapter.
(3) 
A sketch plan of the lot showing to scale:
(a) 
The location and dimensions of all structures.
(b) 
The location and parking for all vehicles.
(c) 
The square footage of the temporary accessory housing structure and primary residence.
(d) 
The location of on-lot water and sewage systems.
(e) 
The tax map parcel number.
(f) 
The property description of the lot, including total acreage.
(4) 
The floor plan for the temporary accessory housing structure (which may be the manufacturer's or builder's plan).
(5) 
The architectural or manufacturer's sketch or written description of the exterior of the housing structure giving specific features showing the compatibility of the structure with that of the primary residence.
B. 
Agreement to special conditions. The application shall also contain a notarized written agreement by the property owner(s) which includes:
(1) 
To adhere to the terms and conditions of this chapter and any other conditions required by the Board of Supervisors and to execute any and all documents that may be necessary to ensure that such terms and conditions are fulfilled.
(2) 
To renew the special permit, if granted, on a thirty-six-month basis until the temporary accessory housing structure is removed or the property is sold.
(3) 
To acknowledge that when the temporary accessory housing structure is no longer a legally permitted use, the owner(s) will be responsible for its removal from the lot and for restoration of the property to its original condition within 90 days or, if the use is terminated by the sale of the property, prior to the legal transfer of the deed of the property at settlement, which ever occurs first.
(4) 
That, if the owner(s) should not remove the temporary accessory housing structure within four months after it is no longer a permitted use, the Township may remove the structure, applying the $10,000 performance bond money or equivalent financial security as approved by the Board of Supervisors and salvage it, if practical, to defray any additional costs incurred.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(5) 
That only the original occupant(s) will remain in the temporary accessory housing structure and in the event there is any change in the occupant(s), then a new application will be submitted.
(6) 
To remove the temporary accessory housing structure from the premises upon the death of the occupant(s) for whom permitted, unless one occupant remains and the resident in the primary residence specifically requests from the Board of Supervisors continuation of the permit, or upon a permanent change of residence of the said occupant or occupants for a period greater than 90 days. Removal shall be completed within 90 days of such event. The site shall be restored so that no visible evidence of the structure remains.
(7) 
That in the event of a sewage or water malfunction, the residents of the premises and record property owner(s) shall repair the same within 30 days after notice by the Township.
C. 
Petition to the Board of Supervisors. Should the landowner(s) be unable to meet the conditions of this chapter, a petition may be made to the Board of Supervisors in writing setting forth the specific standards and criteria which the landowner deems cannot be met and justification for a waiver or modification of the applicable provisions of this chapter. Before granting a waiver or modification to the permit requirements, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorneys' fees, incurred by the Township in the enforcement of this chapter. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.