[Added 5-10-2022 by Ord. No. 2022-01]
In expansion of the declaration of legislative intent and statement of community development objectives in §§ 500-101 and 500-102 of Article 1 of this chapter, it is the intent of this article to provide for a greater variety of housing to serve the needs of mature homebuyers in conformance with the following objectives:
A.
Create appropriate overlay zones and establish boundaries thereof.
B.
Establish reasonable standards of performance.
C.
Provide greater design flexibility and efficiency in the siting of
services and infrastructure.
D.
Promote the desirable benefits which single-family residential uses
have throughout the community when accompanied by permanently preserved
open space.
E.
Provide an alternative development option to the underlying zoning
district.
The Age-Restricted Residential Overlay District shall be an
overlay district and shall function in accordance with the following:
A.
The boundaries of the zoning overlay district shall be as shown on
Exhibit A attached and included as part of this chapter.
B.
The lots within the overlay area may be developed under the overlay
regulations of this article provided that all requirements of this
overlay district are met for that portion of the overlay area being
so developed.
C.
The provisions of the overlay district shall serve as an alternative
development option to the underlying zoning district. The underlying
zoning district requirements shall apply to that portion of the overlay
area that is not developed as age-restricted. Where there are conflicts
between the provisions of the Age-Restricted Residential Overlay District
and the underlying district, the provisions of this article shall
apply to that area being developed as age-restricted.
D.
All uses, activities and development occurring within lands developed
under this overlay concept shall be undertaken only in strict compliance
with the provisions of this article, with all federal and state laws,
and with all other applicable Township codes and ordinances.
On lots developed utilizing the Age-Restricted Residential Overlay
District, a building may be erected, altered, or used and a lot may
be used or occupied for any of the following uses and no other:
The following area, width and yard regulations shall apply to
lots developed under the Age-Restricted Residential Overlay District:
A.
Minimum tract area: 35 acres.
B.
Dwellings within the Age-Restricted Residential Overlay District
may include single-family detached dwellings or single-family attached
dwellings of not more than four units, arranged side by side, or a
combination of both.
C.
Single-family detached dwelling.
(1)
Lot area. A gross lot area of not less than 7,000 square feet per dwelling unit, subject to maximum allowed density permitted per § 500-2305 of this article.
[Amended 8-8-2023 by Ord. No. 2023-03]
(2)
Width and yard regulations for each dwelling unit.
(a)
A lot width of not less than 60 feet at the building line.
(b)
A setback of not less than 300 feet from a principal arterial
road.
(c)
A setback of not less than 25 feet from tract boundary.
(d)
A front yard setback of not less than 32 feet, measured from
the face of curb of the frontage street.
(e)
A side yard setback of not less than 10 feet.
(f)
A rear yard setback of not less than 25 feet, except that the
rear yard may be reduced to 20 feet when backing up to open space.
(g)
Maximum building coverage of 40%.
(h)
Maximum impervious coverage of 55%.
(i)
A terrace, patio, platform, deck or landing place which does
not extend above the level of the first floor of the building built
at grade may project and/or extend into the required rear yard, provided
such structure is not less than 15 feet from the rear lot line, except
that when backing up to open space this dimension may be reduced to
10 feet. A roof and/or trellis that remains unenclosed (no sides)
can be installed over a deck, provided such structure is not less
than 10 feet from the rear lot line, and the height shall not exceed
12 feet in height.
D.
Single-family attached dwellings of no more than four units arranged
side by side.
(1)
Single-family attached dwellings within the Age-Restricted Residential
Overlay District shall be limited to groupings of no more than four
attached units and units must be arranged as side-by-side units.
(2)
Setback and yard regulations.
(a)
A setback of not less than 300 feet from a principal arterial
road.
(b)
A front yard setback of not less than 25 feet, measured from
the curbline.
(c)
A setback of not less than 32 feet for a front hand garage,
measured from curbline.
(d)
A setback of not less than 25 feet from tract boundary.
(f)
Maximum building coverage of 35% calculated as a percentage
of the overall land area allocated to the single-family attached dwelling
development, inclusive of required open space lands, but excluding
the area of any roadway or public roadside walkway.
(g)
Maximum impervious coverage of 50% calculated as a percentage
of the overall land area allocated to the single-family attached dwelling
development, inclusive of required open space lands, but excluding
the area of any roadway or public roadside walkway.
(h)
An unroofed terrace, patio, platform, deck or landing place which does not extend above the level of the first floor of the building built at grade may extend into the required separation distances set forth in § 500-2303D(2)(e) a maximum of 10 feet. A roof and/or trellis must conform to the required separation distances between buildings set forth in § 500-2303D(2)(e) and shall not exceed 12 feet in height.
[Amended 8-8-2023 by Ord. No. 2023-02]
The maximum height of buildings erected or enlarged on lands
developed under the Age-Restricted Residential Overlay District shall
be:
The maximum density permitted on lands developed under the Age-Restricted
Residential Overlay District shall be not more than three dwelling
units per developable acre.
The following standards shall apply for streets and sidewalks
on lots developed under the Age-Restricted Residential Overlay District:
A.
All proposed streets within the community shall be private streets.
C.
Minimum width of planting strip between curb and sidewalk or path:
three feet.
D.
Minimum width of sidewalk: five feet.
E.
Streets shall be designed with a minimum centerline radius of 100
feet.
F.
Street trees shall be planted on both sides of the street. Street
trees must be planted outside the right-of-way for all existing public
streets.
G.
A sidewalk and planting strip must be provided on both sides of all
new streets, and on the side of all existing streets upon which new
dwelling units front.
The following requirements shall apply to lands developed under
the Age-Restricted Residential Overlay District:
A.
Common areas and facilities. Where facilities serving the entire
development, such as parking lots, interior pedestrian ways, driveways,
alleys, lighting facilities, landscaped planting areas, buffers, open
spaces, and recreation areas, are provided in common areas, the developer
shall make provisions for their perpetual maintenance and care.
B.
Landscaped buffers and screens. Landscaped buffers and screens shall comply with standards of Chapter 425, Subdivision and Land Development. Where required, landscaped buffers and/or screens shall be installed and maintained within a strip a minimum of 25 feet wide, except as otherwise permitted herein.
C.
Sewage and water facilities. All Age-Restricted Residential Overlay
District developments shall be served by public water and public sewer.
D.
All dwelling units must be provided with a two-car garage.
E.
Off-street parking. All dwellings shall be provided with two off-street
parking spaces which shall not include the garage.
F.
All dwelling units shall have a first floor master suite.
G.
Architectural standards. The age-restricted dwellings shall be subject
to the following standards:
(1)
Architectural characteristics. The developer shall prepare a
set of architectural characteristics for the homes in the development,
including floor plans, elevations, perspective sketches, and building
materials, subject to approval by the Board of Supervisors, with the
advice of the Township Planning Commission. Building materials, building
styles, bulk, window and door placement, roof pitch, and proportions
shall be compatible with the rural and village character of the area.
A minimum of three different exterior designs will be required to
provide more interesting visual variety. Exterior designs shall be
alternated so that the same exterior design does not repeat more than
twice in succession. The architectural characteristics set forth in
this paragraph shall be included in the relevant portion of the documents
setting forth the rules and regulations of the Homeowners Association.
(2)
Approval and recording. The architectural characteristics shall
be approved as a condition of land development approval and shall
be recorded with the development agreement. Significant variations
from the approved characteristics shall require additional land development
approval, when determined necessary by the Board of Supervisors.
(3)
Architectural review. It is not intended that the Board of Supervisors
dictate the architectural characteristics but that an acceptable set
of standards be chosen by the developer and adhered to consistently
throughout the development.
(4)
Building additions. The architectural plans should specify the
basic building configurations and provide the opportunity for specific
potential additions, such as porches, patios, decks or additional
rooms. These additional features must be compatible with the original
architectural standards.
H.
Lighting. Lighting shall be provided throughout all Age-Restricted Residential Overlay District developments. Such lighting shall be sufficient for the convenience and safety of all residents and visitors along internal roads, intersections, driveways, parking areas, sidewalks and pathways, subject to approval by the Board of Supervisors with advice from the Township Engineer and Planning Commission. All lighting shall be the responsibility of a homeowner's association, or similar entity, including operation, maintenance and utility costs. All lighting shall comply with the standards of the Subdivision and Land Development Ordinance § 425-419.
Any lands developed under the Age-Restricted Residential Overlay District shall provide areas of open space in compliance with the following standards in lieu of compliance with § 425-503 of the Upper Hanover Township Subdivision and Land Development Ordinances.
A.
At least 35% of the gross tract area shall be set aside as open space.
This area may be comprised of multiple smaller parcels of open space
with no single open space area being smaller than 5,000 square feet.
B.
At least 30% of the minimum required open space shall be contained
on one single and contiguous parcel.
C.
Minimum open space width in any direction shall be 25 feet.
D.
Stormwater detention and water quality facilities shall be permitted
within the minimum required open space areas and shall count towards
the minimum open space requirements.
E.
The clubhouse, recreational facilities, and clubhouse parking/access
drives shall be permitted within the minimum required open space areas
and shall count towards the minimum open space requirements.
Any lands developed under the Age-Restricted Residential Overlay
District shall provide a clubhouse in compliance with the following
standards.
A.
The clubhouse shall provide both indoor and outdoor noncommercial
recreational amenities consisting of uses such as nonprofit swimming
pools, sports courts, and athletic facilities, provided that the principal
activity shall not be one which is customarily carried on as a business.
B.
The clubhouse use and services shall be strictly limited to resident
members and their guests.
C.
The clubhouse and related active recreational facilities for the
resident members and their guests shall meet the following standards.
(1)
A front yard setback of not less than 60 feet, measured from
the curbline shall be provided for the clubhouse.
(2)
A front yard setback of not less than 30 feet, measured from
the cartway line, shall be provided for any active recreation facility,
including, but not limited to, courts and swimming pools.
(3)
A minimum distance of 50 feet shall be provided between the
clubhouse and any residential dwelling unit.
(4)
A minimum of 50 feet shall be provided between any active recreation
facilitiy, including, but not limited to, courts and swimming pools,
and any residential dwelling unit.
D.
The clubhouse shall be provided with 2.5 parking spaces for every
10 residential dwelling units which spaces shall be constructed in
proximity to the clubhouse.
The following requirements shall apply to the lands developed
under the Age-Restricted Residential Overlay District. At the time
of subdivision and land development, as a prerequisite to the recording
of any final plan, the developer shall record a declaration against
the lands proposed for development in a form satisfactory to the Township,
binding all portions of the development and present and future owners
thereof to the following, which are the minimum requirements for the
declaration:
A.
Provisions for the establishment of a homeowners' association(s)
or other similar entity as approved by the Township, with mandatory
membership by the current owner of each dwelling unit.
B.
Restriction requiring, as to a minimum of 80% of the occupied units,
that at least one of the permanent residents of any dwelling unit
to be a minimum of 55 years of age or older, and as to the remaining
20% of the occupied units, at least one of the permanent residents
shall be 45 years of age or older, and which shall further provide
that any resident of any individual dwelling unit under the age of
19 years shall not reside in that unit more than three months in any
calendar year. This article and the content and substance of any declaration
prepared and recorded hereunder shall conform will all federal and
state regulations pertaining to age-qualified housing.
C.
The developer shall prove to the satisfaction of the Board of Supervisors
that an appropriate entity, such as a homeowners' association, will
have appropriate authority through deed restrictions or similar mechanisms
to ensure compliance with the age limitations.
D.
Parties to the declaration shall be bound by all restrictions contained
therein and shall include, at a minimum, members of the aforementioned
association(s), developer, mortgagees of any lot and/or building on
the tract, legal entity responsible for the operations of the clubhouse
and its associated facilities and any other parties having any interest
in all or any part of the proposed development and the Township. Provisions
shall be included to permit Township enforcement of the restrictions
contained in the declaration in the event that the responsible association(s)
or other entities, fail to do so.
E.
Maintenance provisions shall be included for any clubhouse and related
facilities, other recreational facilities, circulation network, common
parking areas, landscaping, buffers, open spaces, lighting facilities
and all other areas not individually controlled by a homeowner in
fee title.
F.
Provisions to ensure that development of any buildings, parking,
or other similar improvements, other than those approved by the Township,
shall be prohibited on any lots to be utilized for open space purposes.
G.
Provisions stipulating each lot owner/resident's rights with respect
to common areas.
H.
Any additional restrictions which will be applied to the development
which are stricter than existing Township regulations.
