All single-family residential subdivisions and multifamily projects shall be designed and processed in accord with this §
215-23 and the requirements of Chapter
187, Subdivision and Land Development.
A. Purposes. In conformance with the Pennsylvania Municipalities
Planning Code, the purposes of this section, among others, are as
follows:
(1) To conserve open land, including those areas containing
unique and sensitive natural features such as woodlands, steep slopes,
streams, floodplains and wetlands, by setting them aside from development.
(2) To provide greater design flexibility and efficiency
in the siting of services and infrastructure, including the opportunity
to reduce length of roads, utility runs, and the amount of paving
required for residential development.
(3) To reduce erosion and sedimentation by the retention
of existing vegetation, and the minimization of development on steep
slopes.
(4) To provide for a diversity of lot sizes, building
densities, and housing choices to accommodate a variety of age and
income groups and residential preferences, so that the community's
population diversity may be maintained.
(5) To implement adopted municipal policies to conserve
a variety of irreplaceable and environmentally sensitive resource
lands as set forth in the Borough's Open Space Plan, including provisions
for reasonable incentives to create a greenway system for the benefit
of present and future residents.
(6) To implement adopted land use, transportation, and
community policies, as identified in the Borough's Comprehensive Plan.
(7) To create neighborhoods with direct visual access
to open land, with amenities in the form of neighborhood open space,
and with a strong neighborhood identity.
(8) To provide for the conservation and maintenance of
open land within the Borough to achieve the above-mentioned goals
and for active or passive recreational use by residents.
(9) To provide multiple options for landowners in order
to minimize impacts on environmental resources (sensitive lands such
as wetlands, floodplains, and steep slopes) and disturbance of natural
or cultural features (such as mature woodlands, hedgerows and tree
lines, critical wildlife habitats, historic buildings, and fieldstone
walls).
(10)
To provide standards reflecting the varying
circumstances and interests of individual landowners and the individual
characteristics of their properties.
(11)
To conserve scenic views and elements of the
Borough's rural character and to minimize perceived density by minimizing
views of new development from existing roads.
B. General regulations. The design of all new subdivisions
shall be governed by the following minimum standards:
(1) Ownership. The tract of land shall be controlled by
the applicant and shall be developed as a single entity.
(2) Site suitability. As evidenced by the existing resources/site
analysis plan, the preliminary subdivision plan, and the final subdivision
plan, the tract incorporating this design option shall be suitable
for supporting development in terms of environmental conditions, its
size, and configuration.
C. Development options:
(1) Single-family development options. Single-family residential
development shall be permitted only in those districts as provided
in the Schedule of Uses.
(a)
Development on parcels less than three acres. On parcels of less than three acres, single-family residential subdivisions shall be developed to the minimum lot sizes in Part 2 of the Schedule of Development Standards in Article
IV.
(b)
Development on parcels of three acres or more.
On parcels of three acres or more, the following three development
options are permissible:
[1]
Option one: single-family residential at the
base density factor with not less than 25% of the adjusted tract acreage
preserved as conservation open space on parcels from three to 10 acres
and 40% on parcels of more than 10 acres.
[2]
Option two: single-family residential at a density
factor 10% lower than the base density factor with not less than 50%
of the adjusted tract acreage preserved as conservation open space.
[3]
Option three: single-family residential at a
density factor 15% lower than the base density factor with not less
than 60% of the adjusted tract acreage preserved as conservation open
space.
(2) Multifamily development. Multifamily project development
shall be permitted only in those districts as provided in the Schedule
of Uses, and all multifamily projects shall comply with this §
215-23.
(3) Development on parcels of ten acres or less. On parcels
of 10 acres or less, multifamily projects shall include a minimum
of 25% of the adjusted tract acreage preserved as conservation open
space.
(4) Development on parcels of more than 10 acres. On parcels
of more than 10 acres, multifamily projects shall include a minimum
of 40% of the adjusted tract acreage preserved as conservation open
space.
D. Density determination and dimensional and design standards.
(1) Single-family residential subdivisions.
(a)
Density factor. Single-family dwelling unit density shall be based on the density factors in the Density Factors for Single-Family Dwellings Table (below). The density factor is the required land area per dwelling unit, and the number of dwelling units shall be determined by dividing the adjusted tract acreage determined in §
215-23E by the density factor.
[Amended 12-2-2013 by Ord. No. 5-2013]
Density Factors for Single-Family Dwellings
(square feet required per dwelling unit)
|
---|
Zoning District
|
R-1
|
R-2, R-3
|
C-1
|
C-2, M, R-LM
|
---|
Option 1
|
at the base density factor of
|
not permitted
|
both central water and central sewage
|
33,000
|
22,500
|
15,000
|
all others
|
43,560
|
43,560
|
43,560
|
Option 2
|
base density factor is reduced by 10%
|
not permitted
|
both central water and central sewage
|
29,700
|
20,250
|
13,500
|
all others
|
39,200
|
39,200
|
39,200
|
Option 3
|
base density factor is reduced by 15%
|
not permitted
|
both central water and central sewage
|
28,050
|
19,125
|
12,750
|
all others
|
37,025
|
37,025
|
37,025
|
(b)
Minimum required conservation open space. Minimum conservation open space, as defined in §
215-23G(2)(a), shall comply with the Minimum Open Space for Single-Family Subdivisions Table:
Minimum Conservation Open Space for Single-Family
Subdivisions
|
---|
Option 1
|
Parcels from 3 to 10 acres
|
25%*
|
Parcels more than 10 acres
|
40%*
|
Option 2
|
50%*
|
Option 3
|
60%*
|
*Percent of adjusted tract acreage determined in § 215-23E
|
(c)
Dimensional standards. The dimensional standards
in the following Dimensional Standards for Single-Family Lots Table
shall apply:
Dimensional Standards for Single-Family
Lots
|
---|
Minimum individual lot area
|
5,000 square feet
|
Minimum lot width at building line
|
70 feet
|
Minimum street frontage
|
20 feet
|
Flag lots
|
Permitted in accord with provisions of Chapter 187, Subdivision and Land Development
|
Minimum dwelling setback from project perimeter
|
40 feet
|
Yard regulations: the principal building position
and orientation should be varied
|
See Part 3 of Schedule of Development Standards
|
Maximum impervious coverage
|
Maximum height regulations
|
(2) Multifamily projects.
(a)
Density factor. Multifamily project density shall be based on the density factors in the Multifamily Dwelling Standards Table. The density factor is the required land area per dwelling unit and the number of dwelling units shall be determined by dividing the adjusted tract acreage determined in §
215-23E by the density factor.
[Amended 12-2-2013 by Ord. No. 5-2013]
Multifamily Dwelling Standards
|
---|
Project Standards
|
Townhouses
|
Garden Apartments
|
Apartment Buildings
|
Senior Citizen Apartment Buildings
|
---|
Minimum size for project parcel (acres)
|
none
|
Density factor: required usable land area per
dwelling unit
|
R-2 District
|
15,000 square feet
|
R-3 District
|
15,000 square feet
|
C-1 and C-2 Districts
|
12,000 square feet
|
Maximum number of dwelling units per building
|
6
|
8
|
12
|
24
|
Maximum building height
|
35 feet
|
Maximum lot coverage (percent)
|
Balance of parcel not conservation open space
|
Additional Townshouse Standards
|
Minimum lot size for townhouse units for individual
sale
|
1,000 square feet
|
Minimum lot width at house location
|
18 feet
|
Minimum front and rear yard setbacks
|
10 feet front/ 15 feet rear
|
Minimum side yard setback for end unit
|
15 feet
|
Maximum lot coverage for individual townhouse
parcels
|
75%
|
(b)
Minimum required conservation open space. Minimum conservation open space, as defined in §
215-23G(2)(a), shall comply with the following Minimum Conservation Open Space for Multifamily Projects Table:
Minimum Conservation Open Space forMultifamily
Projects
|
---|
Parcels of 10 acres or less
|
25%*
|
Parcels of more than 10 acres
|
40%*
|
*Percent of adjusted tract acreage determined in § 215-23E
|
(c)
Dimensional standards. The dimensional standards
in the Multifamily Dwelling Standards Table shall apply.
(d)
Setbacks. No structure in a multifamily dwelling
project shall be constructed within 20 feet of the edge of the shoulder
of any access drive (without a designated right-of-way) to or through
the development or within 10 feet of any parking area. Setbacks of
multifamily project buildings from access roads through the project
shall meet these minimums; however, setbacks of adjacent buildings
shall be varied so that adjacent buildings have a setback variation
of not less than five feet.
(e)
Road standards. Access roads through the development shall comply with the street requirements of Chapter
187, Subdivision and Land Development, for minor roads. Access drives serving 12 units or less shall be considered driveways and need not meet minor road standards. Direct access of individual parking spaces to a minor road shall not be permitted, and any such access drive shall remain private.
(f)
Building separation. All principal multifamily
structures shall be separated by a distance as may be required by
any applicable building code, but in no case less than 20 feet.
(g)
Landscaped buffers. Buffers not less than 15 feet in width shall be provided in accord with §
215-35B of this chapter where multifamily structures adjoin existing one-family dwellings, two-family dwellings or any R-1 or R-2 District. In all cases, a landscaping plan shall be prepared and submitted by the developer for approval by the Borough.
(h)
Pedestrian access. Walkways of such design and construction as approved by the Borough shall be provided from all buildings and/or units to their respective parking area and shall meet the requirements for sidewalks as set forth in Chapter
187, Subdivision and Land Development.
(i)
Architectural renderings. Preliminary architectural
renderings, models or photos for multifamily dwelling projects of
more than 10 dwelling units shall be provided at the time of submission
of the application. The exterior appearance of the building(s) shall
be unified in type, design, and exterior wall treatment, and so constructed
and maintained in order to retain the residential character of the
neighborhood. Fire escapes, when required, shall be in the rear of
the building and shall not be located on any wall facing a street
unless any building, fire or other code so requires.
(j)
Townhouses: facade changes. A minimum of two
changes in the front wall plane with a minimum offset of four feet
shall be provided for every attached grouping of townhouses in one
building. This can be met by varying setbacks among different dwellings
or varying setbacks along the front of a dwelling, or dwellings set
back farther than attached private garages.
(k)
Nonresidential use. Nonresidential uses and
home occupations which employ other than unit residents shall not
be permitted in a multifamily dwelling. Such ancillary facilities
as laundry areas, service buildings, recreation facilities and the
like for the use of the residents of the project shall be permitted.
(l)
Conversions of existing structures. Conversions of any existing structures to multifamily dwelling use, regardless of whether such conversions involve structural alteration, shall be subject to the provisions of this §
215-23.
E. Adjusted tract acreage. Determination of the maximum
number of permitted dwelling units and required open space on any
given property shall be based upon the adjusted tract acreage of the
site. The adjusted tract acreage shall be determined by multiplying
the acreage classified as being in the categories of constrained land
(described below) by the numerical "density factor" for that category
of constrained land, summing all factored constrained land areas,
and then deducting the total from the gross tract area.
(1) The following areas of constrained land shall be deducted
from the gross (total) tract area:
(a)
Rights-of-way: Multiply the acreage of land
within the rights-of-way of existing public streets or highways, or
within the rights-of-way for existing or proposed overhead rights-of-way
of utility lines or any other rights-of-way, by 1.0.
(b)
Private streets: Multiply the acreage of land
under existing private streets by 1.0.
(c)
Wetlands: Multiply the acreage of designated
wetlands by 0.95.
(d)
Floodway: Multiply the acreage within the floodway
by 1.0.
(e)
Floodplain: Multiply the non-wetland portion
of the one-hundred-year floodplain by 1.0.
(f)
Steep slopes: Multiply the acreage of land with
natural ground slopes exceeding 25% by 1.0.
(g)
Moderately steep slopes: Multiply the acreage
of land with natural ground slopes of between 15% and 25% by 0.60.
(h)
Extensive rock outcroppings: Multiply the total
area of rock outcrops and boulder-fields more than 1,000 square feet
by 0.90.
(i)
Ponds, lakes and streams: Multiply the acreage
of ponds, lakes and streams by 1.0.
(2) If a portion of the tract is underlain by more than
one natural feature subject to a deduction from the total tract acreage,
that acreage shall be subject to the most restrictive deduction only.
(3) Since acreage that is contained within the public
or private rights-of-way, access easements or access strips is excluded
from usable lot area, any portion of those items that also contains
a natural feature subject to a deduction from the total tract acreage
shall not be included when calculating the adjusted tract acreage.
F. General design standards.
(1) Dwelling lots. Except for conservancy lots meeting the requirements of §
215-23G(3), dwelling lots shall not encroach upon primary conservation areas and the layout of all lots shall respect secondary conservation areas, as identified in Chapter
187, Subdivision and Land Development.
(2) Exterior views. Views of dwellings from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping which meets the landscaping requirements of Chapter
187, Subdivision and Land Development.
(3) Intersections and access. The number of driveways entering onto existing public streets shall be minimized. Instead, the development shall make maximum use of driveways entering onto an internal local street. Intersections and access shall be governed by Chapter
187, Subdivision and Land Development.
(4) Dwelling access. Dwellings shall be accessed from
interior streets rather than from roads bordering the tract.
(5) Building siting. Conventional siting practices, such
as building setbacks from streets and minimum distances between buildings,
shall be varied to produce attractive and interesting arrangements
of structures.
(6) Open space access. Dwelling units shall be located
and sited so as to promote pedestrian and visual access to open space
wherever possible.
(7) Privacy. Dwelling units shall be located and arranged
so as to promote privacy for residents within and adjacent to the
development.
(8) Parking. Parking shall be provided in accord with §
215-22 and the landscaping requirements of Chapter
187, Subdivision and Land Development.
(a)
Residential uses.
[1]
Parking areas shall be screened from adjacent
structures. access roads, and traffic arteries.
[2]
All parking areas shall be a minimum of 20 feet
from all structures, access roads, and road rights-of-way.
[3]
Parking areas shall be arranged so as to prevent
through traffic to other parking areas.
(b)
All other uses. Additional off-street parking spaces shall be provided for all other uses in accord with §
215-22.
(9) Lighting. All streets, off-street parking areas, and areas of intensive pedestrian use shall be adequately lighted. All such lighting shal1 be designed and located so as to direct light away from adjacent residences and in accordance with the standards of §
215-35I and the requirements of Chapter
187, Subdivision and Land Development.
(10)
Refuse and recycling disposal. Refuse and recycling
stations to serve residential and recreational areas shall be conveniently
located for trash removal and shall be screened from, and not be offensive
to, nearby residential areas. Containers shall be covered and verminproof.
Interior storage areas for trash shall at all times be kept in an
orderly and sanitary fashion.
G. Conservation open space use and design standards.
Protected conservation open space in all subdivisions shall meet the
following standards:
(1) Uses permitted in conservation open space. The following
uses are permitted in conservation open space areas:
(a)
Conservation of open land in its natural state
(for example, woodland, fallow field, or managed meadow).
(b)
Agricultural and horticultural uses, including
raising crops or livestock, wholesale nurseries, associated buildings,
excluding residences that are specifically needed to support an active,
viable agricultural or horticultural operation. Specifically excluded
are commercial livestock operations involving swine, poultry, mink,
and other animals likely to produce highly offensive odors.
(c)
Pastureland for horses used solely for recreational
purposes. Equestrian facilities shall be permitted but may not consume
more than half of the minimum required conservation open space.
(d)
Silviculture, in keeping with established standards
for selective harvesting and sustained-yield forestry.
(e)
Neighborhood open space uses such as village
commons, picnic areas, community gardens, trails, and similar low-impact
passive recreational uses specifically excluding motorized off-road
vehicles, and other uses similar in character and potential impact
as determined by the Borough.
(f)
Active noncommercial recreation areas, such
as playing fields, playgrounds, courts, and bikeways, provided such
areas do not consume more than half of the minimum required conservation
open space or five acres, whichever is less.
(g)
Golf courses may comprise up to half of the
minimum required conservation open space, but shall not include driving
ranges or miniature golf. Their parking areas and any associated structures
shall not be included within the minimum conservation open space requirement,
and their parking and accessways may be paved and lighted.
(h)
Water supply and sewage disposal systems and
stormwater detention areas designed, landscaped, and available for
use as an integral part of the conservation open space. However, water
treatment plants and storage tanks, central sewage treatment plants
and lagoons, and a fifty-foot buffer around such facilities shall
not be included within the minimum conservation open space requirement.
(i)
Easements for drainage, access, sewer or water
lines, or other public purposes.
(j)
Underground utility rights-of-way. Aboveground
utility and street rights-of-way may traverse conservation areas but
shall not count toward the minimum required conservation open space.
(2) Conservation open space design standards.
(a)
Conservation areas. Conservation open space shall be laid out in general accord with the Borough's Map of Potential Conservation Lands to ensure that an interconnected network of open space will be provided. The required conservation open space consists of all primary conservation areas plus secondary conservation areas required in §
215-23D(1)(b) and
D(2)(b). Primary conservation areas comprise those areas listed in §
215-23E(1) as being subtracted from the total parcel acreage to produce the adjusted tract acreage. A prioritized list of secondary conservation areas are listed in Chapter
187, Subdivision and Land Development.
(b)
Open space ownership and access. The conservation
open space shall generally remain undivided and may be owned and maintained
by a homeowners' association, land trust, another conservation organization
recognized by the municipality, or by a private individual or entity.
The amount of land available for the common use and passive enjoyment
of the subdivision residents shall not be less than 30% of the minimum
required conservation open space. These ownership options may be combined
so that different parts of the conservation open space may be owned
by different entities.
(c)
Dedication requirement. See the open space and recreation fee provisions in Chapter
187, Subdivision and Land Development.
(d)
Buffers for adjacent public park land. Where
the proposed development adjoins public park, state forest or state
game land, a natural conservation open space buffer at least 150 feet
deep shall be provided within the development along its common boundary
with such public land, within which no new structures shall be constructed.
Where this buffer is unwooded, the Borough may require vegetative
screening to be planted, or that it be managed to encourage natural
forest succession through no-mow policies and the periodic removal
of invasive alien plant and tree species.
(e)
Active recreation. At least 25% of the conservation
open space shall be suitable for active recreational use, including
the development of recreation facilities. This area shall be delineated
as a reserved area on the plan. It shall be of a size and shape suitable
for proposed uses; shall be less than 10% natural slope; shall not
include any wetlands; and shall be free of conditions hazardous to
health and safety. Active recreation uses include paved court areas
for court games, grassed field areas for sports and athletic areas,
ball fields, swimming pools, playgrounds, and the like. They do not
include walking or riding paths, animal and plant observation and
study areas, hunting and fishing areas, and similar passive recreation
activities.
(f)
Village commons. Village commons are intended
to provide identity and focus to neighborhoods by enhancing their
form and appearance as well as serving a variety of outdoor leisure
and assembly needs of neighborhood residents.
[1]
Village commons shall be provided as part of
the conservation open space at the percentages in the Village Commons
Table, and the area of commons may be counted to meet the active recreation
percentage required in Subsection G(2)(e)above.
[Amended 12-2-2013 by Ord. No. 5-2013]
Village Commons
|
---|
Options 1, 2 and 3
|
R-1
|
R-2, R-3,
C-1
|
---|
Percentage of conservation open space
|
---|
Both central water and central sewage
|
10%
|
15%
|
All others
|
10%
|
15%
|
[2]
The commons shall be less than 10% natural slope;
shall not include any wetlands; and shall be free of conditions hazardous
to health and safety.
[3]
The minimum size of an individual commons shall
be 1/4 acre and the maximum size shall be one acre.
[4]
A commons shall be surrounded by streets on
not less than three sides, around which dwelling lots are arranged
facing the common.
[5]
The street frontages of all commons shall meet the shade tree requirements of Chapter
187, Subdivision and Land Development.
(3) Conservancy lots. Lots 10 acres or more in size may
be designated as conservancy lots in accord with this section. Any
lot 10 acres or more in size which does not meet the requirements
of this section shall be deemed a standard dwelling lot and its area
shall not be counted as part of the conservation open space.
(a)
The area of the conservancy lot not included
in the designated building envelope may be counted as part of the
required conservation open space.
(b)
Access to the conservancy lot may be restricted
to the owner of the lot. Not more than 70% of the minimum required
conservation open space shall be in private ownership.
(c)
Conservancy lots shall be restricted by permanent
easement against further subdivision.
(d)
The depth-to-width ratio of the conservancy
lot shall not exceed 4:1.
(e)
A building envelope (see definition in Article
III) not exceeding one acre in area shall be designated.
[1]
The building envelope shall not encroach on any primary conservation area and shall respect secondary conservation areas as identified in Chapter
187, Subdivision and Land Development.
[2]
The building envelope shall comply with the setbacks, lot width, lot depth, and lot depth-to-width ratio for one acre lots in Part 3 of the Schedule of Development Standards in Article
IV. Lot coverage shall not exceed 40%.
(f)
Uses outside the building envelope shall be limited to those listed in §
215-23G(1).
(4) Other requirements.
(a)
No portion of any building lot may be used for
meeting the minimum required conservation open space. However, active
agricultural land with farm buildings, excluding areas used for residences,
may be used to meet the minimum required conservation open space.
(b)
Pedestrian and maintenance access, excluding
those lands used for permitted agricultural or horticultural purposes,
shall be provided to conservation open space in accordance with the
following requirements:
[1]
Each neighborhood shall provide one centrally
located access point per 15 lots, a minimum of 35 feet in width.
[2]
Access to conservation open space used for agriculture
may be appropriately restricted for public safety and to prevent interference
with agricultural operations.
(c)
All conservation open space areas that are not wooded or farmed shall be landscaped in accordance with the landscaping requirements of Chapter
187, Subdivision and Land Development.
H. Permanent conservation open space protection through
conservation easements. The conservation open space that is required
to be reserved and created through the subdivision process shall be
subject to permanent conservation easements prohibiting future development
and defining the range of permitted activities. (For example, the
clearing of woodland habitat shall generally be prohibited, except
as necessary to create trails, active recreation facilities, and to
install subsurface septic disposal systems or spray irrigation facilities.)
The determination of necessity shall lie with the Borough.
I. Ownership and maintenance of conservation open space and common facilities. See Article
X.
J. Senior citizen housing - multifamily dwellings. If a multifamily dwelling project is proposed as senior citizen housing, as defined in Article
III, the Borough Council may modify any of the applicable standards of this article as such are applied to the project, including the maximum density of dwelling units and the maximum number of dwelling units in a building. Any such modification shall be consistent with the purposes of this article and shall not adversely affect the public health, safety and general welfare. Any application involving any such modification shall be considered a conditional use. Any modification of Chapter
187, Subdivision and Land Development, standards shall be governed by §
187-79 of that chapter.
[Added 8-1-2005 by Ord. No. 6-2005]
Where permitted by the Schedule of Uses, two-family dwellings shall comply with the requirements of this §
215-24 and other applicable standards in this chapter.
A. Common wall. In cases where a two-family dwelling is a duplex involving a common (i.e., party) wall and common property line, said wall shall be located on the common property line separating the adjoining lots. The area of each lot shall not be less than 50% of the minimum lot size required in Part 3 of the Schedule of Development Standards in Article
IV and minimum lot dimensions shall comply with Part 2 of the Schedule of Development Standards in Article
IV.
B. Over/under units. In cases where the two-family dwelling consists of two dwelling units constructed with one unit located on the second floor above a first floor dwelling unit, the lot size shall comply with Part 3 of the Schedule of Development Standards in Article
IV and minimum lot area and dimensions shall comply with Part 2 of the Schedule of Development Standards in Article
IV. If such a two-family dwelling is proposed on two or more separate lots of record, said lots shall be combined into one lot prior to the issuance of a Zoning Permit.
C. Conversions. See §
215-25 of this chapter.
A conversion of any building to a residential use or the conversion of any dwelling to accommodate additional dwelling units shall comply with the standards in this §
215-25 and the other requirements applicable to the dwelling type to which conversion is proposed. The conversion of any building into a dwelling, or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only within a district in which a new building for similar occupancy would be permitted under this chapter, and only when the resulting occupancy will comply with the requirements governing new construction in such district with respect to dwelling unit, living space, lot coverage, dimensions of yards and other open spaces, off-street parking, and other applicable standards.
Group homes shall be permitted in any lawful single-family dwelling unit in accord with the Schedule of Uses in Article
IV, this §
215-26 and other applicable standards of this chapter.
A. Definition. See Article
III.
B. Supervision. There shall be adequate supervision by
an adequate number of person(s) trained in the field for which the
group home is intended.
C. Certification. The use shall be licensed or certified
under an applicable state, county or federal program for group housing,
if applicable. A copy of any such license or certification shall be
filed with the Borough and shall be required to be shown to the Zoning
Officer in the future upon request. The group home shall notify the
Borough within 14 days if there is a change in the type of clients,
the sponsoring agency, the maximum number of residents or if an applicable
certification/license expires, is suspended or is withdrawn.
D. Registration. The group home shall register its location,
general type of treatment/care, maximum number of residents and sponsoring
agency with the Zoning Officer. Such information shall be available
for public review upon request.
E. Counseling. Any medical or counseling services provided
on the property shall be limited to residents and a maximum of three
nonresidents per day.
F. Off-street parking areas of more than five spaces shall be buffered from adjacent existing single-family dwellings by a planting screen meeting the requirements of §
215-35B of this chapter.
[Amended 12-2-2013 by Ord. No. 5-2013]
G. Appearance. If the group home is within an R-1, R-2
or R-3 District, the building shall be maintained and/or constructed
to ensure that it is closely similar in appearance, condition and
character to the other residential structures in the area. No exterior
signs shall identify the type of use.
H. Bulk and density. The construction of new group homes
shall comply with the minimum lot size and other bulk and density
requirements applicable to single-family residential dwellings.
I. Number of residents. The maximum number of persons
who shall reside in a group home, including the maximum number of
employees/supervisors and/or care providers routinely in the group
home at any point in time, shall not exceed eight total persons.
J. Visitors. Employees of the group home shall be prohibited
from having visitors on the premises, except for visitation necessary
for the operation of the group home and except for emergencies.
[Added 12-2-2013 by Ord.
No. 5-2013]
A. Purpose. This §
215-26.1 is to provide for the regulation of functional families that may request to reside in a dwelling unit and to prohibit larger groups of unrelated persons from residing in dwelling units. Larger groups of unrelated persons have been frequently shown to have a detrimental effect on residential neighborhoods since larger groups of unrelated persons do not live as a family unit and do not have significant economic or emotional ties to the neighborhood.
B. Special exception; standards. The Zoning Hearing Board shall consider each application for a functional family as a special exception in accord with the standards of §
215-111D and, among others, the following considerations:
(1)
The proposed occupants:
(a)
Share a strong bond or commitment to a single purpose (e.g.,
religious orders);
(b)
Are not legally dependent on others not part of the functional
family;
(c)
Can establish legal domicile as defined by Pennsylvania law;
(d)
Share costs of food, rent or ownership, utilities and other
household expenses;
(e)
Prepare food and eat together regularly;
(f)
Share in the work to maintain the premises;
(g)
Legally share in the ownership or possession of the premises;
and
(h)
Share the entire dwelling unit or act as separate roomers.
(2)
Whether the household has stability akin to a permanent family.
The criteria used to make this determination may include, among others,
the following:
(a)
The length of stay together among the occupants in the current
dwelling unit or other dwelling units;
(b)
The presence of minor, dependent children regularly residing
in the household;
(c)
Whether the household is a temporary living arrangement or a
framework for transient living; and
(d)
Whether the composition of the household changes from year to
year or within the year.
(3)
Any other factor reasonably related to whether or not the group
of persons is the functional equivalent of a family.
C. Conditions. The Zoning Hearing Board may impose such additional conditions
as it deems necessary for the general welfare, for the protection
of individual property rights, and for ensuring that the intent and
objectives of this chapter will be observed.
Mobile home parks are permitted in certain districts in accord with the Schedule of Uses in Article
IV in order to provide the opportunity for the development
of a variety of housing types in the Borough.
A. Project design process and procedure.
(1) Subdivision and land development. Mobile home parks shall be considered major subdivisions and land developments also subject to Chapter
187, Subdivision and Land Development. This "major subdivision" classification shall apply to all subdivision of property in connection with the development, regardless of whether or not the same are connected with building development or home placement, and the approvals required shall be requested and acted upon concurrently as one subdivision.
(2) Site plan. A proposed site plan showing all necessary
information shall include, at a minimum, location of all mobile home
sites, buildings and improvements, including roads, parking areas,
planting strips, signs, overall grading plan with storm drainage facilities,
water supply and distribution systems, sewage treatment and collection
systems, and the specific areas provided as open space pursuant to
the requirements of this chapter. Building layouts, floor plans and
profiles shall be provided indicating building dimensions, numbers,
and sizes of units, common ownership or use areas, lighting and such
other information as shall be required to determine compliance with
the design standards contained herein and any other standards which
may be applicable in the Borough. Setbacks from property lines, improvements,
and other buildings shall also be specifically shown.
(3) Open space. Open space area shall be preserved to the maximum extent possible in accord with a schedule or plan, and proposed agreement(s) either with the Borough or a property owners' association for the purpose of preserving the open space in the same manner as required for open land development in §
215-23E of this chapter.
B. Design; procedures; parcel size; density; mobile home
sites.
(1) All mobile home parks shall be designed and processed in accord with the procedures in §
215-23E,
F,
G,
H and
I, using the density factors in this §
215-27B.
(2) All land proposed for a particular mobile home park
shall be part of the same parcel and contiguous.
(3) The minimum parcel size for a mobile home park shall
be five acres and the overall density of a mobile home park shall
not exceed four units per acre.
(4) Each mobile home site shall have a minimum area of
5,000 square feet for exclusive use of the occupants of the mobile
home placed upon the lot. Minimum lot widths and depths shall be 45
feet. Each mobile home lot shall be defined by metes and bounds on
a survey which shall be shown as such on the development plan, and
markers shall be installed at each corner of every lot.
Mobile homes placed on lots not in a mobile
home park shall comply with all Borough regulations applicable to
single-family residential dwellings, and:
A. Shall be constructed in accordance with the Safety
and Construction Standards of the United States Department of Housing
and Urban Development. These standards supersede the BOCA Code for
the actual construction of the unit itself.
B. Shall have a site graded to provide a stable and well-drained
area.
C. Shall have the hitch mechanisms, wheels and axles
removed or screened from view.
D. Shall be securely attached to the ground in such a
way as to prevent overturning, shifting or uneven settling of the
home.
E. Shall be enclosed from the bottom of the home to the
ground or stand using industry-approved skirting material compatible
with the home or, if a slab foundation is used, masonry walls underneath
the home with soil backfill to result in the surrounding ground level
being flush or one-normal-step height below the first floor elevation.
If masonry walls are used, then an appropriate service access area
shall be provided.
F. Shall be attached to a permanent foundation.
[Added 6-6-2016 by Ord.
No. 2-2016]
Short-term rentals shall comply with Chapter
154, Rental Property.
[Amended 12-2-2013 by Ord. No. 5-2013]
Bed-and-breakfast inns shall comply with the
following standards in addition to all other applicable standards
in this chapter.
B. Not more than five rentable rooms shall be provided
in the establishment for no more than 10 guests.
C. The owner or manager of the bed-and-breakfast must
reside on the premises.
D. Sewage disposal meeting the requirements of the Borough
and PA DEP shall be provided.
E. Bed-and-breakfast inns shall not be permitted on lots
which are nonconforming in minimum area.
F. Provide the Borough with a copy of a current Monroe County hotel
room excise tax certificate.
[Added 2-5-2018 by Ord.
No. 2-2018]
G. Not permit paying guests to stay for more than 14 consecutive nights.
[Added 2-5-2018 by Ord.
No. 2-2018]
This section is intended to provide specific
standards for the development of hotels, motels and other lodging
facilities at unit densities that allow full use of the project parcel
while at the same time recognizing the limitation of the proposed
site. Specific performance standards are provided to allow for flexibility
of design and to ensure the protection of adjoining properties and
the public health, safety and general welfare.
A. Density. Density of units and facilities shall be determined by the character of the project parcel and compliance with the standards in this §
215-31 and this chapter, and other applicable Borough regulations.
B. Design criteria.
(1) Yard, building height, lot width and depth, and lot
coverage ratios applicable to the district shall be maintained.
(2) All facilities in a hotel, motel or lodging facility
project shall be on the same parcel of property and shall not contain
any commercial facility unless such commercial facility is otherwise
permitted in the district where the subject property is located.