[Added 12-29-2003 by Ord. No. 68[1]]
[1]
Editor's Note: This ordinance also repealed original Part
17, Specification Exhibits, as amended by Ord. No. 55.
Multifamily dwelling projects shall not be considered subdivisions of three lots or less pursuant to Article VII of this chapter. Application for preliminary approval of multifamily dwelling projects, accordingly, will be made to the Township of Connoquenessing in the manner provided under Article V hereof. The developer shall also submit the following additional information:
A.
An application for multifamily dwelling approval on a form to be
supplied by the Township or, in the absence of such form, by a letter
or brief from the developer or the developer's representative indicating
how the development will meet the general site requirements of this
chapter and otherwise comply with the intent of this section, describing
the organization and management of the project.
B.
A proposed lot plan showing the location of all buildings and improvements
including parking areas, planting strips (if any), signs, storm drainage
conveyance system facilities, water supply and distribution system,
sewage treatment and collection systems and the specific areas provided
as open space in connection with the requirements of this chapter.
Building layouts, floor plans and elevations shall also be provided
indicating building dimensions, numbers and sizes of units, common
ownership or use areas (apart from the open space referenced below),
lighting and such other information as shall be required to determine
compliance with the design standards contained herein and any other
building standards which may be applicable in the Township of Connoquenessing.
Setbacks from property lines, improvements and other buildings shall
also be indicated.
C.
A schedule or plan, and proposed agreement(s) either with the Township
or a property owners' association for the purpose of dedicating, in
perpetuity, the exclusive use and/or ownership of the stormwater management
facilities, common areas, recreation area and open space required
herein to the prospective dwelling owner or occupants. Such agreement
may be incorporated in the applicant's proposed covenants and restrictions.
The application package shall be processed on a schedule identical
with requirements for review and approval of other preliminary plans
under this chapter.
The Township Planning Commission shall act on the preliminary
plan identical with the requirements for the review and approval of
other preliminary plans under this chapter, except that the Township
Planning Commission, before recommending action to Board of Supervisors,
may, at its option, also hold a public meeting pursuant to the Pennsylvania
Municipalities Planning Code.[1] The Township of Connoquenessing Planning Commission shall then report its findings together with a recommendation for approval, conditional approval or disapproval. Holding a public hearing shall not alter the time requirement set forth in Article V, § 245-10C, of this chapter.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The Board of Supervisors shall act on the preliminary plan identical
with the requirements for the review and approval of other preliminary
plans under this chapter.
Following preliminary plan approval, the developer shall provide for the installation of required or proposed improvements including, but not limited to: landscaping, streets, parking areas, signs and monuments storm drainage facilities, recreational facilities and lighting as is more fully set forth in Article IX of this chapter. Building improvements shall similarly be completed or guaranteed prior to the applicant's request for final approval. No right of occupancy shall, however, exist until such time as final plan approval shall have been granted in accordance with the procedures and informational requirements of this chapter, and buildings have been completed and inspected by the Building Permit Officer. Complete final building plans shall also be submitted as part of the final plan application.
No person shall sell, transfer, lease or agree or enter into
an agreement to sell or lease any land and/or building or interests
in the individual dwelling units to be created, or erect any building
thereon except in accordance with the provisions of this section,
unless final plan approval has been granted and the final plan has
been recorded in the Office of the Butler County Recorder of Deeds.
There shall be a forty-foot side and rear setback of all buildings
and improvements in a multifamily dwelling project from the property
lines of any adjacent parcels and a seventy-five-foot setback from
any public right-of-way. This shall not apply to utility lines or
rights-of-way, however.
Each and every multifamily structure shall have a minimum lot
area of 60,000 square feet for the first three dwelling units and
a minimum lot area of 10,000 square feet for each unit above the first
three dwelling units. In no event shall buildings and parking areas
exceed 60% of the total lot area. In determining the minimum lot area,
the lot area shall be calculated by taking the total acreage of the
development and deducting the following acreages:
A.
Land contained within public rights-of-way;
B.
Land contained within the rights-of-way of existing or proposed private
streets (where formal rights-of-way are not involved the width of
the street shall be assumed as 50 feet wide); and
C.
Land contained with the boundaries of easements previously granted
to public utility corporations.
All areas of a multifamily development consisting of five or
more dwelling units not conveyed to individual owners; and not occupied
by buildings and required or proposed improvements, shall remain as
permanent open space, common area or be dedicated to recreation area
to be used for the sole benefit and enjoyment of the residents of
the particular units being proposed. A minimum of 20% of the common
area or open space shall be dedicated to recreation area. Such open
space or common area shall be part of the same parcel and contiguous
and shall be subject to the following regulations:
A.
Recreation areas shall be immediately adjacent to the proposed units and freely and safely accessible to all residents of the development and shall not be used to fulfill open space requirements or provide recreational areas for residents of other units, excepting those provided for in Subsection B below. No less than 20% of the open space or common area to be provided shall be dedicated to recreational area for the sole benefit and enjoyment of the residents of the particular units proposed.
B.
Land designated simply as open space shall be maintained as open
space and may not be separately sold, used to meet open space or recreation
area requirements for other developments, subdivided or developed,
excepting that a holding zone may be reserved for future development
pursuant to such density requirements as presently exist, provided
such lands are specifically defined and indicated as "reserved for
future development" on all plats. Such lands shall not be included
in calculating permitted density for the proposed development. These
provisions, however, shall not be construed as granting or reserving
to the developer any rights or privileges to develop on the basis
of a preapproved plan if density or other zoning requirements shall
have been modified to preclude such development.
C.
Open space areas shall be maintained so that their use and enjoyment
as open space are not diminished or destroyed. Such areas may be owned,
preserved and maintained by either one or both of the following mechanisms:
(1)
Dedication to a property homeowner's association which assumes full
responsibility for maintenance of the open space.
(2)
Deed-restricted private ownership shall prevent development of the
open space, provide for its maintenance and protect the rights of
owners or occupants of dwelling units to use and enjoy, in perpetuity,
such portion of the open space as shall have been dedicated to recreation
area for the project. This is intended to allow the owner/developer
to retain ownership and use of a portion of the property (for recreation),
provided the permanence of the open space is guaranteed.
D.
At least 50% of the designated recreation area shall be usable for
active recreational activities and shall not include swamps, quarries,
slopes over 24% in grade, or acreage used for improvements. Storm
drainage facilities and sewage effluent disposal areas are considered
improvements.
E.
Developments of 50 units or more shall also provide 1/2 acre of parks
and playgrounds per 50 units.
The following design criteria shall apply to multifamily developments:
A.
There shall be no more than eight dwellings in each multifamily building.
B.
No structure shall be constructed within 20 feet of the edge of any
access road.
C.
Access roads through the development shall comply with street requirements
as specified in this chapter, and no parking space shall be designed
such that a vehicle would be backing out onto a through road. Instead,
there shall be a defined entrance and exit to and from each parking
area.
D.
Two improved parking spaces per dwelling unit shall be provided and
for every two units intended for rental or other transient occupancy,
one additional space shall be provided to accommodate parking needs
during sales and other peak visitation periods.
E.
No more than 60 parking spaces shall be provided in one lot, nor
more than 15 in a continuous row without being interrupted by landscaping.
All off-street parking shall be adequately lighted and so arranged
as to direct light away from residences.
F.
No structure shall be erected within a distance equal to its own
height of any other structure.
G.
Where a property line is not wooded, a planting strip of 50 feet
in width shall be required to buffer adjoining property owners and
ensure privacy. A landscaping plan shall be prepared by the developer
and approved by the Township and in accordance with all applicable
ordinances.
Nonresidential uses shall not be permitted in a multifamily
development. This, however, shall not preclude such ancillary facilities
as laundry areas, service buildings, recreational facilities and the
like. Where a developer proposes to construct multifamily units on
property on which there are existing or proposed nonresidential uses
(other than ancillary facilities and open space uses), there shall
be a minimum setback of the multifamily structures from such uses
of 200 feet and the parcels shall be clearly segregated.
Conversions of motels, hotels or other existing structures to
multifamily dwelling uses, regardless of whether such conversions
involve structural alterations, shall be considered subdivisions and
land developments and be subject to this chapter. If the proposed
project does involve structural alterations, the preliminary plan
shall include a certification of a registered architect or engineer
to the effect that the existing building is structurally sound and
that the proposed conversion will not impair structural soundness.
A.
Maintenance of a multifamily dwelling project including, without
limitation, the open space and stormwater conveyance systems, shall
be vested in either:
(1)
An
association or other legal entity organized prior to the offering
of the first unit for occupancy;
(2)
A
manager, who may be the developer, or a person designated by the developer
before the developer offers a unit for occupancy; or
(3)
The
owners or occupants of units themselves if the total number of owners
or occupants within the development is not more than five.
B.
The association or manager, as the case may be, shall be responsible
for maintenance, repair and replacement of the common areas of the
development, including buildings and, if applicable, the furniture,
fixtures and equipment within the units.
C.
The developer shall, in filing a proposed lot plan, provide a narrative
description of how responsibility for maintenance and care of the
units, common areas (including, without limitation, stormwater conveyance
systems) and other amenities will be assured. Copies of all applicable
instruments and documents shall be provided, for purposes of determining
that long-term arrangements for maintenance of common facilities have,
in fact, been made by the developer and/or with the occupants.
D.
If the development shall be subject to the Pennsylvania Uniform Condominium
Act[1] or other applicable commonwealth statutes governing the
sale of real property used for multifamily occupancy, the developer
shall certify as to his or her compliance with said statutes. To the
extent the provisions of such statutes conflict with this subsection
such certifications shall suffice as to conformance with these requirements.
If a developer is not subject to the Pennsylvania Uniform Condominium
Act, he or she shall present an Attorney's opinion to this effect.
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
