[Added 4-9-1984 by Ord. No. 113[2]]
[1]
Editor's Note: Provisions of this article were originally adopted as Art. X of the Zoning Ordinance but were redesignated as Art. XI upon codification at the request of the Township Board of Supervisors.
[2]
Editor's Note: This ordinance also repealed original Art. X of the Zoning Ordinance, Garden Apartment Regulations, as amended 1-5-1970 by Ord. No. 64.
The Township is confronted with an increased demand for housing and acknowledges the imminent development and urbanization of land. The Township also recognizes its obligation to accommodate the resulting population influx. In furtherance of these findings, this article is enacted and ordained for the accomplishment of the following specific purposes:
A. 
To implement a higher intensity of residential land use for an orderly transition from the developed higher densities of adjoining communities to the lower density rural areas, while maintaining the rural character of Franconia Township.
B. 
To encourage the logical and timely planning of land development for residential purposes, with particular regard to the flow of traffic and the extension of public facilities.
C. 
To establish a variety and appropriate mix of housing types consistent with the economic and social needs of all sectors of the population.
D. 
To ensure that the design and layout of residential housing be integrated and compatible with the environment and adjacent and nearby land uses.
E. 
To encourage by private initiative the establishment and maintenance of open space, public facilities and ground amenities to meet the social and recreational needs of the residents of residential districts.
F. 
To establish regulations and permit development tailored to the needs of residents 55 or more years of age in recognition of their special needs with respect to location of buildings, the design of dwellings relative to one another, the relationships of this type of housing to surrounding land uses and public transit and the provision of suitable, safe housing and facilities for this age group, consistent with the Federal Fair Housing Act, as amended.
[Added 7-10-1995 by Ord. No. 221[1]]
[1]
Editor's Note: This ordinance also provided for the relettering of former Subsection F as G.
G. 
In accordance with the above, to set reasonable standards for the development of a Mixed Residential District, with respect to types and setbacks of residential buildings, the areas and dimensions of lots and yards consistent with the objectives of this article.
A. 
It is the express intent of the Board of Supervisors that the Mixed Residential District, the areal boundaries thereof being described by ordinance and delineated on the Township Zoning Map, is deemed an overlay on any other zoning district that may lie within the bounds of the Mixed Residential District. Any lot, land or tract of ground may be used for any purpose allowed in such other district subject to the standards and regulations governing such other district.
B. 
Should the Mixed Residential District be declared inapplicable to any tract by reason of an action of the Township Supervisors in amending this chapter or the Zoning Hearing Board or any court of competent jurisdiction in interpreting the same, the zoning applicable to such lot shall be deemed to be the district in which it is located without consideration of this district.
C. 
Should the zoning of any parcel or any part thereof in which the Mixed Residential District is located be changed through any legislative or administrative actions or judicial discretion, such change shall have no effect on the Mixed Residential District unless such change was included as part of the original application.
[Amended 7-14-1986 by Ord. No. 131; 7-10-1995 by Ord. No. 221]
Each tract may be developed mixed dwelling residential development, multifamily residential development and/or older adult residential development in compliance with the requirement of §§ 145-61 and 145-62 of this chapter.
A. 
Mixed dwelling residential development.
(1) 
A building may be erected, altered or used, and a lot or premises may be used or occupied for any of the following purposes, and no other, except as specified in Subsection A(2)[1] below:
(a) 
Single-family detached dwelling.
(b) 
Single-family semidetached.
(c) 
Single-family quadriplex.
(d) 
Single-family townhouse.
(e) 
Two-family duplex.
(f) 
Accessory use on the same lot with and customarily incidental to any of the permitted uses.[2]
[2]
Editor's Note: Former Subsection A(2), which pertained to Mixed Residential District and immediately followed this subsection, was repealed 7-10-1995 by Ord. No. 221.
(g) 
A single-family detached dwelling (but not a mobile home) may be used as a family day-care home, as defined in § 145-5, pursuant to the standards of Article XXXI.
[Added 3-11-1996 by Ord. No. 232; amended 10-13-1997 by Ord. No. 256]
(h) 
A single-family detached dwelling may be used as a group day-care home, as defined in § 145-5, as a conditional use, pursuant to the standards of Article XXXI.
[Added 3-11-1996 by Ord. No. 232]
[1]
Editor's Note: Former Subsection A(2), which pertained to Mixed Residential District, was repealed 7-10-1995 by Ord. No. 221.
B. 
Multiple-family residential developments. A building may be erected, altered or used and a lot or premises may be used or occupied for any of the following purposes and no other:
(1) 
All uses specified in Subsection A above.
(2) 
Multiple-family dwelling and residential building types that are generally and judicially recognized in Pennsylvania may be incorporated in a Mixed Residential District as a conditional use by the Board of Supervisors based on the following and any other relevant criteria, as determined by the Board of Supervisors:
(a) 
The site shall be of such shape and topography as to allow development in visual and functional harmony with the natural features of the site, conserve land and preserve natural amenities and fit within the surrounding public infrastructure.
(b) 
The development of the site for multifamily use will provide housing not otherwise available under and in accordance with the objectives of this chapter. It will enhance and complement the existing surrounding neighborhoods in accordance with the community development.
(c) 
The development will supplement existing aesthetic and functional amenities and provide such levels of privacy and protection from excess noise, light and congestion so as to be a pleasant neighborhood for the residents to live harmoniously in a higher-density environment.
C. 
Older adult residential development. Uses permitted in older adult residential developments shall be limited to the following, in compliance with the requirements of §§ 145-61 and 145-62 herein.
[Added 7-10-1995 by Ord. No. 221]
(1) 
Single-family detached dwellings.
(2) 
Single-family semi-detailed dwellings.
(3) 
Single-family attached dwellings, including quadriplexes and townhouses.
(4) 
Community center or clubhouse, recreation facilities and other similar uses or common facilities intended for the use of residents and their guests.
A. 
Mixed dwelling residential developments and older adult residential developments.
[Amended 7-14-1986 by Ord. No. 131; 7-10-1995 by Ord. No. 221]
(1) 
Single-family detached.
(a) 
There shall be a lot area of not less than 7,800 square feet and a lot width of not less than 60 feet for the depth of the dwelling unit.
(b) 
Not more than 25% of each lot may be covered by an impervious surface.
(c) 
There shall be a front yard which shall not be less than 30 feet in depth from the ultimate right-of-way line.
(d) 
There shall be two side yards; each shall be not less than 15 feet, except that a side yard abutting the street shall be not less than 30 feet.
(e) 
There shall be a rear yard, the depth of which shall not be less than 40 feet, except that an accessory use structure may be erected by permit within the rear yard not less than five feet from any property line.
(2) 
Single-family detached – lot area equivalent option may be permitted by the Board of Supervisors as a conditional use in accordance with the procedures of § 145-28.2 of this Code.
[Added 9-13-1999 by Ord. No. 276[1]]
(a) 
In the event that single-family detached units are to be located on lots significantly smaller than the required minimum lot area established in § 145-61A(1)(a) described above, with the majority of the development area in common facilities, there shall be an average lot area of not less than 7,800 square feet, determined by taking the gross tract area minus the total required open space and private road areas divided by the number of dwelling units.
(b) 
All structures shall be separated from each other at their closest point by a minimum of 25 feet and shall be limited to a maximum 1 1/2 stories in height.
(c) 
For all interior roads, all structures shall be set back from the roadway pavement edge or public street right-of-way a minimum of 25 feet.
(d) 
All structures shall be set back from the tract boundary not less than 30 feet.
(e) 
A permanent landscape buffer shall be provided along all road frontages and tract boundaries, in compliance with the requirements of Article IX of Chapter 122 (Subdivision and Land Development). This buffer shall be a minimum of 25 feet in depth, which may be included within the required setbacks.
[1]
Editor's Note: Said ordinance also provided for the renumbering of former Subsection A(2) through (6) as Subsection A(3) through (7), respectively.
(3) 
Single-family semidetached (twin type).
(a) 
There shall be a lot area of not less than 5,850 square feet and a lot width of not less than 45 feet for the depth of the dwelling unit.
(b) 
Not more than 30% of the area of each lot may be covered by an impervious surface.
(c) 
There shall be a front yard which shall not be less than 30 feet in depth from the ultimate right-of-way line.
(d) 
There shall be one side yard, which shall not be less than 15 feet, except that, if abutting the street, it shall not be less than 30 feet.
(e) 
There shall be a rear yard, the depth of which shall not be less than 40 feet, except that an accessory use structure may be erected by permit within the rear yard not less than five feet from the rear of nonattached side property line.
(4) 
Single-family semidetached (non-twin-type). Each non-twin semidetached may have an alternative layout of a Unit A and a Unit B, as follows:
(a) 
Unit A:
[1] 
There shall be a lot area of not less than 7,150 square feet and a lot width of not less than 55 feet for the depth of the dwelling unit.
[2] 
Not more than 30% of the area of each lot may be covered by an impervious surface.
[3] 
There shall be a front yard which shall not be less than 30 feet in depth from the ultimate right-of-way line.
[4] 
There shall be one side yard which shall not be less than 15 feet, except that, if abutting the street, it shall not be less than 30 feet.
[5] 
There shall be a rear yard, the depth of which shall not be less than 40 feet, except that an accessory use structure may be erected by permit within the rear yard not less than five feet from the rear or nonattached side property line.
(b) 
Unit B:
[1] 
There shall be a lot area of not less than 4,550 square feet and a lot width of not less than 35 feet for the depth of the dwelling unit.
[2] 
Not more than 30% of the area of each lot may be covered by an impervious surface.
[3] 
There shall be a front yard which shall not be less than 30 feet in depth from the ultimate right-of-way line.
[4] 
There shall be one side yard which shall not be less than 15 feet, except that, if abutting the street, it shall not be less than 30 feet.
[5] 
There shall be a rear yard, the depth of which shall not be less than 40 feet, except that an accessory use structure may be erected by permit within the rear yard not less than five feet from the rear or nonattached side property line.
(5) 
Single-family quadriplex.
(a) 
A lot area of not less than 3,120 square feet and a lot width of not less than 35 feet for the depth of the dwelling unit. The access leg to the rear units shall not be less than 12 feet.
(b) 
Not more than 40% of each lot may be covered by an impervious surface.
(c) 
Lots fronting on a street for their full lot width shall provide a minimum thirty-foot front yard and minimum fifteen-foot side yard.
(d) 
Lots whose street frontage is an access strip shall provide a minimum thirty-foot rear yard and a minimum fifteen-foot side yard.
(e) 
Any other quadriplex lot shall provide a thirty-foot building setback from two appropriate lot lines.
(f) 
When condominium ownership is established and eliminates the need for individual lots, the requirements pursuant to § 145-62B shall apply.
(6) 
Single-family townhouse.
(a) 
A lot area of not less than 2,600 feet and a lot width of not less than 20 feet for the depth of the dwelling unit.
(b) 
Not more than 50% of the area of each lot may be covered by an impervious surface.
(c) 
There shall be a front yard which shall not be less than 35 feet in depth from the ultimate right-of-way line.
(d) 
On end units, there shall be a side yard which shall not be less than 20 feet in depth.
(e) 
There shall be a rear yard, the depth of which shall not be less than 40 feet, except that an accessory use structure may be erected by permit within the rear yard not less than five feet from the rear or any nonattached side property line.
(7) 
Two-family duplex.
(a) 
A lot area of not less than 9,100 square feet and a lot width of not less than 70 feet for the depth of the dwelling unit.
(b) 
Not more than 25% of each lot may be covered by an impervious surface.
(c) 
There shall be a front yard which shall not be less than 35 feet in depth from the ultimate right-of-way line.
(d) 
There shall be two side yards; each shall not be less than 15 feet, except that the side yard abutting the street shall not be less than 35 feet.
B. 
Multiple-family residential developments.
(1) 
Not more than 30% of the tract shall be covered by impervious surface.
(2) 
There shall be a front yard not less than 100 feet from the ultimate right-of-way of any public street.
(3) 
There shall be a minimum of a thirty-foot setback from any private street, common driveway, common parking area or common open space.
(4) 
Between any two buildings the minimum separation distance shall be the sum of the yard setbacks defined in Subsection A of this section where the function of the respective faces of the buildings shall determine the respective yard setbacks which shall be utilized. Multiple-family buildings shall have the same yard setbacks as single-family townhouses.
(5) 
The maximum length for any multiple-family building, including angles or offsets, shall be 200 feet.
A. 
General development requirements.
[Amended 9-12-1988 by Ord. No. 147; 9-12-1988 by Ord. No. 148; 4-13-1992 by Ord. No. 188; 7-10-1995 by Ord. No. 221]
(1) 
The gross tract area shall not be less than 20 acres of adjoining and contiguous land area, not separated by a public highway, railroad or private road right-of-way.
(2) 
The tract of land to be developed shall be in one ownership.
(3) 
There shall be provided two all-weather paved off-street parking spaces per dwelling unit.
(4) 
All units shall be served by municipal sanitary sewer and municipal public water facilities.
(5) 
All utilities shall be constructed underground except where required for safety or servicing.
(6) 
All lots shall have a house address of the unit(s) illuminated for emergency services.
[Amended 1-20-2020 by Ord. No. 409]
(7) 
All site improvements shall be in accordance with the most recent version of Ch. 122, Subdivision and Land Development.
(8) 
Open space.
(a) 
A minimum of 30% of the gross tract acreage shall be set aside as open space. No more than 30% of the required open space can be located in areas of floodplain and steep slopes. The 30% maximum for such areas within the required open space may be increased with the granting of a conditional use permit.
(b) 
The Board of Supervisors may, upon recommendation of the Township Planning Commission and the Township Park and Recreation Board and at their discretion, accept open space lands based on the following and any other relevant criteria:
[1] 
Access. The dedicated land must be readily accessible to all residents. This should be by virtue of at least one side of the site abutting a public street for a minimum distance of 50 feet.
[2] 
Location. The dedicated land shall be located, to the extent possible, so that it equally serves all residents of the development.
[3] 
Shape. The shape shall be suitable to accommodate those park and open space activities appropriate to the location and needs of the residents. The exact shape is variable. An example of an unacceptable piece of land is one that is 30 feet wide and 1,500 feet long, unless it is to be developed as a bike route or as a connecting trail to other facilities.
[4] 
Soils. Soils should be suitable for the intended park and open space uses.
[5] 
Unity. It is desirable for the dedicated land to be in well-placed, adequately-sized areas so that it can accommodate anticipated uses, rather than to have numerous useless small pieces.
[6] 
Utilities. The major piece(s) of dedicated land are to be accessible to, but none crossed on or above the surface of, a public street(s), telephone, power, fuel, water and sewer lines, etc. If any of these facilities are placed underground, no part of them or their supportive equipment shall protrude above ground level.
(c) 
In the event that the land is not dedicated to the Township, a plan for administration and maintenance of all such open space shall be presented to the Township Supervisors as part of the overall development plan. Such plan shall contain covenants or other restrictions or requirements that will assure future administration and maintenance of such open space. Administration and maintenance shall be provided through one or more of the following mechanisms: the owner or developer of the development; the owners of the individual parcels which make up the subdivision through the use of deed restrictions which require the lot owners to maintain the land and preserve such natural features or community assets as outlined in Ch. 122, Subdivision and Land Development; an incorporated property owners' association; a council as defined and governed by the Unit Property Act;[1] a public body or nonprofit organization, subject to the approval of the Township Supervisors. Any homeowners' association must comply with the provisions of Section 705(b) of the Pennsylvania Municipalities Planning Code,[2] as amended, and the association may not dissolve itself or dispose of the open space and recreational area without first offering to dedicate the same to the Township or to an organization specifically conceived and established to own and maintain the common space per the original organization's commitment. The Board of Supervisors shall still require that the land be used for open space or recreational purposes and shall not become a further extension of the original building development or any subsequent development.
[1]
Editor's Note: Said Act was repealed 7-2-1980, P.L. 286, No. 82. See now the Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq.
[2]
Editor's Note: See 53 P.S. § 10705(b).
(9) 
Lighting facilities shall be provided for the safety and convenience of the residents and arranged in a manner which will protect the streets and neighboring properties from unreasonable direct glare or hazardous interference of any kind.
(10) 
The developer may install community mail pickup facilities, provided that such facilities are conveniently accessible.
(11) 
A permanently landscaped buffer planting area shall be provided along all road frontages and tract boundaries, in compliance with the requirements of Article IX of Chapter 122 (Subdivision and Land Development). Where not otherwise defined, this buffer shall be a minimum of 25 feet in depth.
(12) 
A continuous system of sidewalks shall be required along all of the internal streets of the development. The Board of Supervisors may permit substitution of an alternative walkway system proposed by an applicant, provided that the Board of Supervisors is convinced that it is equal to or better than a traditional sidewalk system.
(13) 
If the development is located on an existing or planned public transit route, the developer shall provide a bus stop with safe and convenient access from within the development. The bus stop shall have appropriate lighting, seating and shelter.
(14) 
The maximum number of attached units shall be six.
[Amended 3-11-1996 by Ord. No. 233]
(15) 
The buildings shall be structurally and aesthetically harmonious with the environment, other building types in the Mixed Residential District and adjacent land uses.
(16) 
The maximum percentage of two-family dwellings in a Mixed Residential District shall be 20%.
(17) 
The Board may impose such additional requirements necessary to ensure uniform land development in the Mixed Residential District consistent with objectives in this article.
(18) 
All attached units shall have a minimum setback variation between adjoining units of 24 inches. All buildings shall have a minimum setback variation of three feet from adjacent buildings.
[Added 3-11-1996 by Ord. No. 233]
B. 
Additional development requirements for mixed dwelling residential development and older adult residential development.
[Amended 3-18-1993 by Ord. No. 193; 7-10-1995 by Ord. No. 221]
(1) 
All land within the tract shall be in lots held of single and separate ownership, except for parcels accepted for dedication to governmental bodies or common open space held in ownership as provided in Subsection A(8)(c) of this section.
(2) 
Lot area equivalent option. A plan for administration and maintenance of all common facilities shall be presented to the Township Supervisors as part of the overall development plan. Such plan shall contain covenants or other restrictions or requirements that will assure future administration and maintenance of all common facilities. Administration and maintenance shall be provided through one or more of the following mechanisms: the owner or the developer of the development; the owners of the individual units which make up the subdivision through the use of deed restrictions which require the dwelling unit owners to maintain the property and preserve the natural features and community assets provided in the development plan; an association as provided in the Pennsylvania Uniform Condominium Act or the Pennsylvania Uniform Planned Community Act.[3]
[Added 9-13-1999 by Ord. No. 276[4]]
[3]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq. and 68 Pa.C.S.A. § 5101 et seq., respectively.
[4]
Editor's Note: Said ordinance also provided for the renumbering of Subsection B(2) through (9) as Subsection B(3) through (10), respectively.
(3) 
Common guest parking shall be required at the rate of 0.4 spaces per dwelling unit. A minimum of 10 spaces shall be located convenient to common facilities such as the community center, club house, recreation and/or health facilities, and the remaining guest parking shall be dispersed evenly throughout the community. Overflow parking shall be permitted on lawn areas, only where an improved subgrade has been provided.
(4) 
All lots shall have frontage on a new street or driveway approved and constructed for the subject land development, except as may be allowed by the Board of Supervisors upon recommendation of the Township Planning Commission.
(5) 
Height.
(a) 
Maximum height of older adult residential buildings shall be one story above grade and 24 feet in height, except that an addition partial story may be permitted that contains only a loft or finished attic room which does not exceed 1/2 of the floor area of the main floor of the dwelling.
(b) 
Maximum height of any other building erected shall be two stories above grade and 30 feet in height.
(6) 
Minimum finished floor area shall be 900 square feet per single-family unit and 800 square feet per two-family unit.
(7) 
Not more than 35% of the tract shall be covered by impervious surface.
(8) 
Minimum distance between buildings, where it is not otherwise determined by required yard areas, shall be 40 feet, except as provided in § 145-61A(2)(b).
[Amended 9-13-1999 by Ord. No. 276]
(9) 
Minimum building setback from exterior public road right-of-way shall be 100 feet, except that this may be reduced to 50 feet, provided that sufficient buffering, including landscaping, berming and/or fencing is proposed between the road right-of-way and buildings, to the satisfaction of the Township.
(10) 
Minimum building setback from any interior road as measured from the cartway or equivalent right-of-way where the setback is not otherwise clearly specified:
(a) 
Twenty feet where parking space or driveway access to a carport or garage are located between the building and the road.
(b) 
Fifteen feet where parking and/or driveway space are not located between the building and the road.
C. 
Additional development requirements for multiple-family residential development.
(1) 
All lands and the improvements thereon, except for lands dedicated to state, Township or municipal authorities for open space, recreational, utility or right-of-way purposes, must be held in one ownership.
(2) 
No parking areas or service areas shall be located within 25 feet of any tract property line nor within 40 feet of any public street in front yard areas.
(3) 
Lighting facilities provided shall be arranged in a manner which will protect the streets and neighboring properties from unreasonable direct glare or hazardous interference of any kind. Lighting facilities shall be required where deemed necessary for the safety and convenience of the residents.
(4) 
Maximum height of any building shall be three stories above grade and 40 feet in height.
(5) 
Provisions for servicing buildings for refuse collection and other service vehicles, including snow removal, shall be required.
(6) 
The developer shall give consideration to the provision of community areas, laundry facilities, playground areas and other services necessary for the comfort and convenience of residents.
(7) 
(Reserved)[5]
[5]
Editor's Note: Former Subsection C(7), regarding landscaping and screening, was repealed 7-12-1993 by Ord. No. 195.
(8) 
Units within multiple-family buildings shall consist of 70% single-bedroom units of at least 600 square feet finished floor area and 30% two-bedroom units of at least 800 square feet finished floor area, provided that the Board of Supervisors may approve up to 10% in said proportions.
(9) 
No three-bedroom or greater units shall be permitted in multiple-family buildings, except by conditional approval of the Board of Supervisors based on the following and any other relevant criteria:
(a) 
A marketing study be prepared by a licensed real estate broker and appraiser experienced in the preparation of residential market studies that would demonstrate a significant need for such units within the Township and adjoining communities that cannot be met by existing housing or potentially developable lands zoned for that purpose in the Township and adjoining communities.
(b) 
That the physical constructions of the site preclude the construction of three-bedroom or greater units in other types of residential buildings as allowed under this section in a manner which is consistent with the overall intent and objectives of this chapter.
(c) 
The developer agrees to construct such additional facilities or amenities such as parking, laundry, recreational, landscaping above and beyond the normal code and ordinance requirements as deemed necessary by the Board of Supervisors to meet the needs of the residents of the development.
D. 
Density standards.
[Added 7-10-1995 by Ord. No. 221]
(1) 
There shall be no more than four dwelling units per acre. Density shall be calculated on the tract's developable acreage, as defined in this chapter.
(2) 
For older adult development, the density may be increased to 4.25 dwelling units per developable acre only when the development provides an additional 5% of the gross tract area as open space (in addition to the minimum required), or makes a capital contribution to the Township for development of open space facilities, such as trails, consistent with the Township's adopted Open Space Plan.
E. 
Development mix standards.
[Added 7-10-1995 by Ord. No. 221]
(1) 
For older adult development, a mix of dwelling types is encouraged, but is not required.
(2) 
For mixed residential development, there shall be a minimum of three dwelling types, as authorized in § 145-60A. Each dwelling type may not be more than 35% of the total units, except that the Board of Supervisors, when presented with evidence of need or an improved planning layout, may authorize an increase of 10% to 45% maximum of total units for one unit type.
F. 
A community center/club house is required for older adult development.
[Added 7-10-1995 by Ord. No. 221]
G. 
Older adult residence development shall be located on tracts, a portion of which shall be located within 500 feet of the municipal boundary line of Telford and/or Souderton Borough in order to provide for the optimization of infrastructure and services.
[Added 7-10-1995 by Ord. No. 221]