A.
The purpose of this article is to provide for an optional form of
residential development allowing greater flexibility and variety of
dwelling types and locations while maintaining a maximum dwelling
unit density not exceeding that which would otherwise be permitted.
B.
It is intended that R-C Cluster developments:
(1)
Improve living environments.
(2)
Reduce residential development, maintenance and service costs.
(3)
Encourage attractive, compatible originality and variety in dwelling
structures, placement and individual and overall site design.
(4)
Provide open spaces developable for appropriate active and passive
recreation and leisure uses.
(5)
Conserve and preserve in natural conditions the largest practicable
proportion of lands heavily wooded or sloped, functioning as drainageways
or waterways and retaining, for the benefit of development residents
and the general populace, aesthetic and scenic vistas.
R-C Residential District, Cluster, zones are not preestablished
or designated. In accordance with the provisions of this article and
other applicable requirements, an R-C Zone may be proposed and approved
to replace existing R-1 Residential District, Single-Family, or R-1A
Residential District, Single-Family, zones.
In the R-C District, the following uses are permitted by right:
A.
Single-family detached dwellings.
B.
Single-family semidetached dwellings.
C.
Two-family detached dwellings.
D.
Two-family semidetached dwellings.
E.
Single-family attached dwellings.
H.
Signs erected and maintained in accordance with the provisions of Article XVII for residential districts.
I.
Electric, telephone, sanitary sewer, stormwater management and water
supply facilities, as required to serve the development.
J.
Development of community civic center facilities.
K.
Development of active and passive recreation and leisure facilities.
L.
Natural open space.
A.
For land zoned R-C in place of R-1, the maximum dwelling unit density
shall be four units per gross acre.
B.
For land zoned R-C in place of R-1A, the maximum dwelling unit density
shall be eight units per gross acre.
C.
"Gross acreage" includes the total land area of a tract proposed
for R-C zoning prior to development.
The following types of dwellings, and no other, shall be permitted
in cluster developments:
B.
The following types, as variations of the basic types indicated above,
and as herein further described:
(1)
Lot line house: a single-family detached dwelling with one side located
on the side lot line of the private lot. Windows are prohibited on
the lot line side of the dwelling. The lot adjoining the lot line
side must provide an easement for maintenance of the dwelling.
(2)
Multiplex dwelling: a single-family attached dwelling with variations
permitted in the individual and grouped structures. Units may be one
or two stories or combinations thereof. Attachment of units may be
horizontal or vertical: common walls may be side to side, rear to
rear or side to rear and may include all or only part of the wall
of either attached structure; attachment may be by ceiling-floor structure.
Each dwelling unit shall have independent outside access.
B.
For cluster developments for which final plans are to be submitted
for approval of portions or sections of the development, the overall
preliminary plan submission shall include a final section and phasing
plan.
(1)
The phasing plan shall be subject to specific recommendation by the
Borough Planning Committee and specific approval by the Borough Council.
(2)
The phasing plan shall clearly delineate, by metes and bounds, the
proposed final sections.
(3)
The phasing plan, in addition to being superimposed on the diagrammatic
layout of the development, shall include a tabular presentation of
the following data for each section and for the section-by-section
cumulative totals:
(a)
Numbers and types of dwellings.
(b)
Percent of each dwelling type of total dwellings.
(c)
Gross land area in acres.
(d)
Dwelling units per gross acre.
(e)
Land area in public streets.
(f)
Land area in access roadways.
(g)
Land area in common lands.
(h)
Land area in individual lots.
(i)
Land area in cluster group or condominium section lots.
(k)
Time schedule for development.
A.
The height of a building shall be measured in accordance with the definition of "building height" in Article II.
B.
No dwelling shall be less than one story in height.
C.
No dwelling structure shall contain more than two stories of dwelling
or living space.
D.
No dwelling structure shall exceed 35 feet in height.
E.
No accessory structure shall exceed 16 feet in height.
A.
Dwellings of any type (detached, semidetached or attached) may be
grouped together either as contiguous, attached structures or detached
with minimal spacing between structures, in any combination.
B.
No more than 12 units may be included in any one clustered group
of dwellings.
C.
No cluster group shall have more than six units which are attached
or closely adjacent having the same frontal orientation. Adjacent
frontal orientations shall have an included angle of not more than
150°.
D.
No more than two contiguous units shall have the same frontal alignment.
Offsets of frontal alignments shall be at least three feet.
Every dwelling structure shall be located on a land area delineated
on the development plans by metes and bounds to provide that such
area can be made private to the dwelling or dwellings thereon.
Dwelling lots required by this section shall contain minimum
land areas as follows, in square feet per dwelling unit:
|
Dwelling Type
|
Individual
|
Condominium
| |
|---|---|---|---|
|
Single-family detached
|
5,000
|
3,000
| |
|
Single-family semidetached
|
4,000
|
2,500
| |
|
Two-family detached
|
2,500
|
1,500
| |
|
Two-family semidetached
|
2,500
|
1,500
| |
|
Single-family attached:
| |||
|
Any 1 unit
|
2,000
|
1,500
| |
|
Average for attached group
|
2,500
|
2,000
| |
The actual yard dimensions of open areas between buildings and
the defined dwelling lot lines shall be as proposed in the development
plan and as approved by the Borough Council. The following spacing
of buildings shall be provided, evidenced by appropriate dimensional
information in the development plan:
A.
No dwelling structure shall be less than 30 feet from any property
line of the overall development tract.
B.
No dwelling structure shall be less than 30 feet from the right-of-way
of any public street.
C.
No dwelling structure shall be less than 30 feet from a defined access
roadway. This spacing may be reduced to 20 feet where the structure
wall is that of an attached garage or one having no door or window
openings.
D.
No dwelling structure shall be less than 10 feet from the perimeter
of any multiple-space parking compound. For parking compounds having
walkways along the parking spaces, the compound perimeter shall be
at the dwelling side of the walkway.
E.
Where dwelling structures on individual lots or dwelling clusters
on condominium lots are not separated from other dwellings or dwelling
clusters by public streets, access roadways or parking compounds,
the following minimum spacing shall be provided:
|
Arrangement of Structures
|
Distance
(feet)
|
|---|---|
|
Front to front
|
60
|
|
Front to rear
|
60
|
|
Front to side
|
40
|
|
Rear to rear
|
60
|
|
Side to side
|
30
|
Accessory buildings, structures and uses shall be permitted
in accordance with the provisions of this section.
A.
Accessory buildings or structures shall not exceed 16 feet in height.
B.
Accessory buildings or structures, including detached private garages,
shall not be located in front of any dwelling.
C.
An accessory building or structure shall be not less than 10 feet
from any other building or structure.
D.
An accessory building, structure or use shall be not less than 20
feet from any street, access roadway, multiple-space parking compound
or property line of the overall development tract.
E.
An accessory building or structure shall be not less than five feet
from an individual or condominium lot line.
F.
Accessory buildings may contain home workshop areas, workshop areas
associated with maintenance activities for the development and sanitary
facilities incidental to the workshop uses. Any other dwelling or
habitable spaces or facilities are prohibited.
A cluster development shall be provided with off-street parking
facilities in accordance with these provisions. These facilities shall
be clearly shown on all development plans, with driveways, turning
areas and parking spaces fully dimensioned.
B.
Number of spaces.
(1)
Not less than two spaces shall be provided for use by the resident
occupants of each dwelling unit.
(2)
Not less than one space for every four dwelling units shall be provided
for use by visitors.
(3)
Additional spaces shall be provided as required to accommodate development
management and maintenance personnel and vehicles.
C.
Location of spaces.
(1)
No parking space shall access directly to any public street nor to
the cartway of any access roadway.
(2)
Parking facilities may be included on individual lots.
(3)
Parking facilities may be provided in multiple-space parking compounds.
(4)
Parking spaces intended for use by resident occupants of a dwelling
unit shall be not more than 150 feet from the dwelling.
(5)
Visitor parking spaces shall be provided among those intended for
use by resident occupants.
D.
Turnaround areas. All parking facilities shall include sufficient
turnaround areas to permit vehicles entering a public street or private
access roadway by forward movement.
A.
Standard sidewalks shall be provided along both sides of all public
streets.
B.
Individual or cluster lots located along access roadways shall be
interconnected by a system of circulation walkways, which shall also
connect to the public street sidewalks. These circulation walkways
may be independent of or may be parallel to and included in the access
roadways.
C.
Entrance walkways shall connect building entrances to a public street
sidewalk, a circulation walkway or to an off-street parking facility.
D.
Multiple-space parking compounds shall include circulation walkways
generally and appropriately along their perimeters. The circulation
walkways shall extend to the entrance walkways of the dwellings served
by the parking compound.
Cluster development proposals and development plans shall include
detailed information on utility services in compliance with Borough
standards and specifications, as herein required:
A.
Development plans shall show the locations and easements for distribution
systems for cable communications, electric power, and gas and telephone
services.
B.
Development plans shall describe the proposed solid waste collection
arrangements and shall describe and show the location of all solid
waste storage facilities in the development. A storage facility shall
be provided on each lot. For lots containing more than one dwelling,
a common facility may be provided.
C.
A cluster development shall not be approved unless the sanitary sewer
system is to be connected to the public sewer system. The development
plan shall show the locations of the sewer collection lines and manholes,
connection thereof to the public system, all related easements and
pipe sizes and shall include the collection system profiles.
D.
A cluster development shall not be approved unless the water supply
distribution system is supplied from the public water system or from
an equivalent system.
(1)
The water supply system shall provide minimum water flows and fire
hydrant locations acceptable to the Middletown Fire Department.
(2)
The locations of the water mains and fire hydrants and connection
to the public system shall be shown on the development plan, including
related easements and pipe sizes.
(3)
If an alternative, equivalent supply system is proposed, the development
plan shall include detailed information on water sources, locations,
water flow rates, storage and pressure capacities and related information
on construction and maintenance of the system.
The total impervious coverage in a cluster development shall
not exceed 30% of the land area, as herein provided.
A.
B.
The limitation described above shall be observed for the cluster
development as a whole, not for individual or condominium lot areas,
and shall also be observed for any portion or section of a cluster
development proposed for final approval.
C.
The site data summation on all preliminary and final development
plans shall include the land areas and percentages for total land
area, land area of public streets, land area for access roadways,
land area for circulation walkways, net land area, land area for dwelling
structures, including patios or other covered areas, land area for
accessory buildings and structures, land area for off-street parking,
land area for entrance walkways, land areas covered for recreation,
community center or maintenance facilities, and any other covered
areas.
Cluster developments shall be provided with buffer areas along
all tract property lines. To the extent feasible, all existing natural
buffer areas shall be retained. Along all other property lines, a
buffer area shall be constructed. The cluster development plan shall
include a buffer area plan.
A.
The buffer area plan shall designate and describe all natural areas
to be retained.
B.
The buffer area plan shall designate all constructed buffer areas
and shall include a construction and planting scheme.
(1)
Constructed buffers shall, as a minimum, be provided with at least
two staggered rows of evergreen trees at least six feet in height,
spaced not more than 10 feet apart. Additional plant materials and
earthen mounding are encouraged to soften the linear appearance of
the tree rows.
(2)
The buffer area plan shall show the locations, sizes and species
of plantings and the elevational treatment.
All land areas in a cluster development which are not included
in individual or condominium lots or in public streets or access roadways
shall be included in designated common land areas.
A.
The development plan shall describe each common land area by metes
and bounds and show its size.
B.
The site data summation on all preliminary and final plans shall
show the total area of all included common lands and percentage thereof
of the total land area.
C.
Common land areas may contain community center facilities, development
maintenance facilities, active and passive recreation areas and storm
drainage facilities.
D.
All common land areas shall have direct access on a public street
or access roadway.
E.
Larger common land areas should have multiple access points related
to size, location and usability.
F.
The provision of nature trails in land areas so suited is encouraged.
G.
The cluster development maintenance program shall include specific
provisions for the care and maintenance of all common land areas and
all facilities developed thereon.
H.
Land covenant or deed restriction provisions, to establish the common
land areas and limitations of use thereof in perpetuity, shall be
submitted for review and approval by the Borough. These provisions
shall describe the rights and responsibilities of all dwelling unit
occupancies, both on individual and condominium lots.
The types, sizes and placement of signs in a cluster development shall be in accordance with the provisions of Article XVII of this chapter as applicable to residential districts.
Except as otherwise specified for particular dwelling types in the sections above, fences or walls in a cluster development shall be in accordance with the provisions of § 260-153.
Proposals to replace an existing R-1 or R-1A Residential District
designation with an R-C designation shall be made and considered for
approval in accordance with the provisions herein, in accordance with
other applicable provisions of this chapter and pursuant to the provisions
for a change or amendment of zoning regulations of the Pennsylvania
Municipalities Planning Code, as amended.[1]
A.
Consideration of changing the designation of a land area may be initiated
by the Middletown Borough Planning Committee or by the Middletown
Borough Council.
(1)
Prior to proceeding in accordance with § 260-232 of this chapter, a clear description of the land area to be considered shall be prepared.
(a)
For the purposes of public notice display, the area shall be
clearly delineated on a copy of the Borough Zoning Map.
(b)
For the purposes of public notice publication, a description
utilizing commonly identifiable boundaries, such as streets and alleys,
to the extent practical, shall be prepared.
(2)
For the purposes of public notice publications, a statement of the
reasons for considering the application of the R-C District to the
land area shall be prepared.
(a)
The statement shall indicate how the permission for cluster
development is in harmony with the general purposes, goals, objectives
and standards of the Borough Comprehensive Plan.
(b)
The statement shall describe the particular reasons for permitting
cluster development, such as special housing objectives or physical
features of the land area particularly appropriate for such development.
(c)
The amount of development to be expected under the cluster permission
shall be compared with the amount which could be expected under standard
development regulations.
(d)
The availability of adequate public sanitary sewer and water
supply shall be described, and the effect of development traffic on
the streets providing access shall be indicated.
B.
Consideration of changing the designation of a land area may be requested
by a landowner or by a developer having the permission of the landowner.
Such requests shall be submitted and processed by the Borough, as
provided herein.
(2)
Submission of the request shall include the payment to the Borough
in accordance with the schedule of fees and a written agreement to
pay any excess of costs exceeding that amount.
(3)
The submission shall include a concept plan for the development,
which provides the following information:
(a)
A location plan showing the land area and surrounding areas
of the Borough, including identification of all streets and alleys,
and the existing zoning districts.
(b)
A property plan plotting the tract boundaries by metes and bounds,
showing all included, adjacent or associated streets or alleys, locating
and describing all other easements, providing topographic contour
information and all other salient physical features, indicating the
existing uses of all adjacent lands and showing the location of the
existing sanitary sewer and water supply systems to which the development
would be connected.
(c)
A development concept plan which provides the following information:
[1]
Proposed types and mix of dwellings;
[2]
Expected locations of all residential structures;
[3]
Proposed nondwelling buildings and facilities, locations and
uses;
[4]
Public streets to be constructed;
[5]
Access roadways to be provided;
[6]
Off-street parking facilities;
[7]
Stormwater drainage facilities;
[8]
Walkway system;
[9]
Buffer areas, natural and constructed;
[10]
Total tract area, total dwelling units and density;
and
(d)
A report addressing the following:
[1]
The capacity of the sanitary sewer system to handle the flow
from the development at the point at which it would be connected;
[2]
The capacity of the public water supply system to supply the
necessary domestic and firefighting water flow at the point at which
it would be connected and any additional facility which would be required,
or a description of an alternative system to be constructed, having
adequate capacities; and
[3]
The effect of development traffic on the public streets which
provide access to the development tract.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
Applications for approval of development of land zoned R-C Residential
District, Cluster, shall be submitted and processed as provided herein.
A.
Where the R-C District was established by Borough initiative, a concept plan in accordance with § 260-57 shall be submitted for review and approval by the Borough Planning Committee and the Borough Council.
B.
Following approval of a concept plan as required in Subsection A immediately above or approval of an R-C District upon a landowner/developer request submitted and processed in accordance with § 260-57B, a preliminary and final plat(s), supporting plans and documents shall be submitted for approval in accordance with Chapter 238, Subdivision of Land.
A.
A circulation walkway is an improved pedestrian passageway proposed
and approved in a land development plan to provide for general pedestrian
circulation in a development where access roadways are approved or
as may otherwise be required for approval of the development. Circulation
walkways shall have a minimum width of four feet and shall be either
concrete or bituminous construction as follows:
(1)
Concrete construction.
(a)
Provide concrete with a minimum twenty-eight-day strength (f'c) of 3,000 pounds per square inch and with air-entraining
admixture. Provide 3.5% minimum to 7.5% maximum of entrained air.
(b)
Form the foundation at a depth of four inches below the finished
grade of the walkway. Thoroughly compact the foundation to a firm
even surface.
(c)
Place concrete four inches deep. Provide a broom finish, finished
transversely for the full width of the walkway. Form outside edges
and joints with a one-fourth-inch-radius edging tool. Form transverse
dummy joints at five-foot intervals approximately 1/8 inch wide and
at least one inch deep.
(d)
Place one-half-inch premolded expansion joint material for the
full depth of the walkway at thirty-foot maximum intervals.
(e)
Cure the concrete by either wet curing for seven days or through
the use of a liquid chemical curing compound.
(2)
Bituminous construction.
(a)
Install a base course of four inches minimum compacted depth
on a compacted subgrade. Provide No. 2A coarse aggregate in accordance
with PennDOT Specification Pub. 408, Section 703, as last amended.
(b)
Provide a bituminous binder course of two inches minimum compacted
depth in accordance with PennDOT Specification Pub. 408, Section 408,
as latest amended.
(c)
Provide a bituminous wearing course of one inch minimum compacted
depth in accordance with PennDOT Specification Pub. 408, Section 420,
as latest amended.
(d)
Construct the bituminous course in accordance with PennDOT Specification
Pub. 408, Section 401.3, as latest amended.
B.
An "entrance walkway" is an improved pedestrian passageway connecting
a building entrance to a public street sidewalk, to a circulation
walkway or to other areas.
