In expansion of the declaration of legislative intent and statement of community development objectives found in §§ 500-101 and 500-102 of Article I of this chapter, it is the intent of this article to provide regulations for medium-density residential uses and open space preservation in conformance with the goals of the Comprehensive Plan, Open Space and Environmental Resource Protection Plan, and the following objectives:
A.
Establish reasonable standards of performance and
promote desirable benefits which single-family detached and other
medium-density residential uses may have within appropriate areas
of the community.
B.
To provide flexibility in site design based on its
relationship with the provisions of centralized sewer and water facilities.
C.
To encourage medium-density subdivision and/or land
development in areas of the Township where centralized sewer and/or
water system networks may be logically extended.
D.
To permit compact development, where feasible, with
the preservation of open land and natural resources.
E.
To permit flexibility that encourages development
to serve economic and social needs that may vary among existing and
future residents.
A building may be erected, altered or used,
and a lot may be used or occupied for any of the following purposes
and no other:
A.
Single-family detached dwelling.
B.
Agriculture.
C.
Institutional uses, in compliance with Article XXVI, Institutional Use Regulations, of this chapter.
D.
Preservation of open space and outdoor recreational uses, in compliance with Article XXVII, Open Space and Outdoor Recreation Regulations, of this chapter.
F.
Any private utility facility use directly related to and necessary for services within the Township, when approved by the Board of Supervisors as a conditional use, subject to the standards and criteria of § 500-811, Public utilities, of this chapter.
G.
Accessory uses in conformance with this chapter.
H.
Age-qualified housing in conformance with the Federal Fair Housing Act of 1988, as amended, when authorized by the Board of Supervisors as a conditional use, in compliance with the standards and criteria in § 500-1303, Design alternative for open space preservation, and § 500-1304, Age-qualified housing standards, herein.
I.
No-impact home-based business as defined herein, except
that such permission shall not supersede any deed restriction, covenant
or agreement restricting the use of land, nor any master deed, bylaw
or other document applicable to a common-interest-ownership community.
[Added 4-14-2009 by Ord. No. 2009-01]
[Amended 7-10-2001 by Ord. No. 01-07; 8-14-2001 by Ord. No. 01-08]
A.
The following requirements apply to conventional and
design alternative lotting for residential use on a per-dwelling-unit
basis.
[Amended 6-8-2004 by Ord. No. 2004-07; 12-13-2005 by Ord. No. 2005-13; 4-8-2008 by Ord. No. 2008-03]
|
Minimum Yards
| ||||||
|---|---|---|---|---|---|---|
|
Central Utilities Provided
|
Minimum Lot Size
(square feet)
|
Minimum Lot Width
(feet)
|
Front
(feet)
|
Side (each)
(feet)
|
Rear
(feet)
| |
|
(1)
|
No sewer – no water
|
40,000
|
150
|
40
|
30
|
45
|
|
(2)
|
Sewer – no water
|
40,000
|
150
|
40
|
30
|
45
|
|
(3)
|
Sewer and water
|
10,000
|
75
|
20
|
15
(aggregate of 35)
|
30
|
B.
Minimum setbacks along all street frontages shall
equal the front yard setback or, where rights-of-way do not exist
within a development, a minimum setback of 10 feet from sidewalks
and 25 feet from cartways shall be required.
[Amended 6-8-2004 by Ord. No. 2004-07; 6-10-2008 by Ord. No.
2008-04]
(1)
For any residential infill unit, the front yard
setback shall be the greater of the following two measurements:
(2)
Building separation. In any lot with central
sewer and central water provided, no principal residential building
shall be closer than 35 feet to any other primary residential building.
C.
Minimum setbacks for agricultural buildings and structures and private garages shall comply with § 500-808 of this chapter.
D.
Minimum setbacks for buildings and structures that are accessory to a residential use and that are not subject to the requirements of § 500-808 of this chapter:
[Amended 9-13-2016 by Ord. No. 2016-04]
(1)
Buildings and structures up to 15 feet in height: 15 feet from
side and rear property lines; not permitted in the front yard setback.
E.
Maximum permitted height for buildings and structures:
[Amended 9-13-2016 by Ord. No. 2016-04; 8-8-2023 by Ord. No. 2023-02]
(2)
The maximum height of a residence is 35 feet, excluding mechanical
penthouses the height of which are determined with reference to the
International Building Code. Accessory buildings may be 15 feet in
height. Any nonresidential building height in excess of 35 feet requires
conditional use approval by the Board of Supervisors. In considering
an application for conditional use related to building height, the
Board of Supervisors shall consider the following factors:
(a)
The nature of the building itself and the extent to which it
is consistent or inconsistent with the landscape and structures in
the vicinity of it;
(b)
The height of other buildings in the area;
(c)
The proximity of residences and the extent to which the height
of the building diminishes the quality of life for those residing
in proximity to the building, also considering topography and the
extent to which the building is visible from nearby residences;
(d)
Whether the building will include a mechanical penthouse that
is excluded from the definition of building height;
(e)
The extent to which the requirements, standards or common practices
associated with a particular proposed use require a building that
is more than 35 feet tall;
(f)
Whether the increased building height will increase the impact
of the use of the building with respect to noise, traffic volume,
light spillover, or similar community impacts.
F.
The following setback and buffer standards shall apply
to all principal nonresidential uses and their parking facilities,
unless otherwise regulated in this chapter; they do not apply to uses
accessory to residential use:
(1)
Minimum building setback from the ultimate right-of-way
and property lines: 100 feet.
(2)
For buildings or structures in excess of the
maximum height of 35 feet or in excess of 100 feet in length or width,
the minimum building setback of 100 feet shall be increased one foot
for each one foot in excess of 35 feet in height and 100 feet in width.
(3)
Parking facilities and driveways shall be set
back a minimum of 50 feet from any lot line, including the ultimate
right-of-way line. Access driveways from the street do not need to
comply with the setback from the ultimate right-of-way.
[Amended 7-14-1998 by Ord. No. 98-2; 7-10-2001 by Ord. No. 01-07]
This section provides alternative subdivision
and/or land development design and development standards to preserve
open space, especially where sensitive and desirable natural features
will be preserved and protected, in compliance with the Open Space
and Environmental Resource Protection Plan and the following standards:
A.
Application:
(1)
Purposes. The primary purpose of these standards
is to preserve the Macoby Creek Greenway as identified in Figure 12-3
of the 1995 Joint Open Space and Environmental Resource Protection
Plan while permitting reasonable levels of subdivision and/or land
development. A secondary purpose is to encourage preservation of open
space of other lands within the R-2 District.
[Amended 3-10-2015 by Ord. No. 2015-04]
(2)
Identification of applicable properties. Parcels
of land in the R-2 Medium Density Residential District that are identified
in Figures 12-2 and 12-a of the 1995 Joint Open Space and Environmental
Resource Protection Plan shall be required to comply with the requirements
of this section. Other parcels within the R-2 District may be developed
under these standards as an option in place of conventional subdivision.
[Amended 3-10-2015 by Ord. No. 2015-04]
(3)
Maximized subdivision or land development. Any subdivision or land development that is intended to create building lots or dwelling units throughout all or most of the developable portions of an identified property shall be required to comply with all the regulations of § 500-1303A through D herein that are applicable to the proposed dwelling type, including the preservation of open space.
(4)
Exemption for minor subdivision.
(a)
Before maximized subdivision or land development is proposed, the Township may exempt one minor subdivision, as defined in Chapter 425, Subdivision and Land Development, from compliance with § 500-1303A through D herein, provided that, in the opinion of the Board of Supervisors, the minor subdivision will not impede the ultimate preservation of the minimum required open space in conformance with § 500-1303 or 500-1304 herein and that the exempted plan will be subject to the following conditions of plan approval:
[1]
The applicant shall submit a minor subdivision plan in compliance with Article III of Chapter 425, Subdivision and Land Development. The minor subdivision plan shall also show and label the one-hundred-year floodplain and riparian corridor limits, identify the number of acres of land required for open space preservation, identify the general location and acreage of land available for open space preservation, and deed restrict the lot or lots containing the land for future preservation as potential greenway or other open space.
[2]
Any proposed building lots shall be located
totally outside the limits of the one-hundred-year floodplain and
riparian corridor as defined in this chapter.
[3]
The ultimate preservation of open space shall
be based on the gross acreage of the tract originally proposed for
exempted subdivision.
B.
Developable area plan for maximized subdivision or
land development.
(1)
Application. The initial formal application for maximized subdivision and/or land development shall include a developable area plan that identifies those parts of the site that are developable and those that are not. The developable area plan shall be used as the basis for determining the maximum numbers of lots or dwelling units permitted in compliance with § 500-1303C herein.
(2)
Drafting standards and contents. The developable
area plan shall delineate and identify the following features, drawn
to preliminary plan accuracy. For age-qualified housing, the developable
area plan shall also label the acreage of each identified area.
(a)
Floodplain boundaries (per elevation survey or otherwise in accordance with the regulations in Article XX, Floodplain Conservation Overlay District).
(b)
Jurisdictional wetlands boundaries (determined
by a qualified expert).
(c)
Water bodies.
(d)
Steep slopes greater than 15%.
(e)
Legal rights-of-way of streets within or bordering
the site.
(f)
Electric transmission, pipeline, water, sewer,
communications or other utility easements that do not directly serve
the property.
(g)
Portions of the property that are or were used
for other purposes that render those areas not developable (e.g.,
quarries, existing development that will remain on the property).
(h)
Portions of the property that are not developable
because of deed restrictions or other legally binding constraints.
C.
Determination of maximum permitted number of lots
or dwelling units. The methods in this section shall be used to determine
the maximum permitted numbers of lots for non-age-qualified development
and maximum numbers of lots and/or dwelling units for age-qualified
housing.
(1)
Non-age-qualified housing. The applicant shall
prepare a "yield plan" using the conventional lotting dimensions in
§ 500-1302A(3) to determine the maximum permitted number
of lots permitted for non-age-qualified single-family detached dwellings
under the design alternative.
(a)
Drafting standards. The yield plan shall be
drawn to scale as a sketch on the developable area plan.
(b)
Plan requirements. The yield plan shall provide a practical road and lotting layout with sufficient areas for stormwater basins, cul-de-sac turnarounds, and recreational facilities, in compliance with Chapter 425, Subdivision and Land Development or other applicable Township requirements.
(c)
Qualifying lots. For a conventional lot on the yield plan to qualify for the permitted maximum, its building envelope must provide at least 1/2 the minimum building envelope area required in a minimum conventional lot in compliance with § 500-1302A herein. The building envelope must be unconstrained by steep slopes, floodplains, riparian corridor and/or wetlands and shall be accessible from the road without crossing steep slopes, floodplains, riparian corridor and/or wetlands.
(d)
Maximum permitted number of lots. The maximum
permitted number of lots shall be determined from the yield plan by
the Township Engineer in conformance with the standards herein. Applicants
may submit additional evidence intended to justify the inclusion of
lots disqualified by the Township Engineer, subject to further engineering
review.
(2)
Age-qualified housing.
(a)
Maximum permitted number of lots and/or dwelling
units. In recognition of a reduction in impacts on the Township and
school district from age-qualified development as compared to non-age-qualified
development, the maximum permitted number of lots and/or dwelling
units may be larger than the number permitted for non-age-qualified
development.
(b)
Worksheet for calculations. The permitted maximum
number of age-qualified dwelling units shall be calculated by subtracting
the nondevelopable areas identified on the developable area plan from
the gross tract acreage using the following three-step worksheet;
a copy of the completed worksheet shall be placed on the developable
area plan as evidence of the calculations:
|
Step 1
Nondevelopable Area Calculation
| |||
|---|---|---|---|
|
1.
|
Floodplain
|
_____ acres
| |
|
2.
|
Wetlands
|
_____ acres
| |
|
3.
|
Water bodies
|
_____ acres
| |
|
4.
|
Slopes greater than 15%
|
_____ acres
| |
|
5.
|
Legal rights-of-way of streets
|
_____ acres
| |
|
6.
|
Utility easements
|
_____ acres
| |
|
7.
|
Areas used for other purposes
|
_____ acres
| |
|
8.
|
Areas legally restricted from development
|
_____ acres
| |
|
Total nondevelopable area
|
_____ acres
| ||
|
Note: Nondevelopable areas shall not be double-counted
(e.g., wetlands and water bodies located entirely within the floodplain).
| |||
|
Step 2
Developable Area Calculation
| ||
|---|---|---|
|
Gross tract area (per deed)
|
_____ acres
| |
|
Minus total nondevelopable area
|
_____ acres
| |
|
Total developable area
|
_____ acres
| |
|
Step 3
Permitted Maximum Number of Age-Qualified
Dwelling Units
| |
|---|---|
|
Total developable area ( _____ acres) times
2.3 = Permitted maximum number (rounded to the nearest whole number)
|
(3)
Acknowledgement of limitations to achieving
maximum density.
(a)
Compliance with the standards in this chapter does not guarantee that the maximum number of lots or dwelling units will be achievable in all cases. The applicant's ability to develop the maximum numbers determined in compliance with the standards of § 500-1303D may be reduced as a result of the applicant's choices of dwelling types, building and/or lot sizes, mixing percentages, physical constraints of the development site, or other factors.
(c)
A copy of this acknowledgement shall be placed
on the plan used by the applicant to determine the maximum number
of lots or dwelling units as evidence that the applicant recognizes
the potential limitations to achieving the maximum number of lots
or dwelling units.
D.
Lot reduction for single-family detached dwellings.
(1)
Tracts less than 10 acres. For tract sizes of less than 10 acres, the minimum area of each tract required to be preserved as open space shall be a minimum of 50% of the gross tract area and sufficient to implement the recommendations of the Open Space and Environmental Resource Protection Plan, or any successor plan thereto, while allowing the number of lots permitted by the yield plan. Open space shall be designed in accordance with the provisions of Chapter 425, Subdivision and Land Development.
[Amended 6-8-2004 by Ord. No. 2004-07; 12-13-2005 by Ord. No.
2005-13]
(2)
Tracts of 10 acres or more. For tract sizes of 10 acres or larger, a minimum of 50% of gross area of each tract is required to be preserved as open space to implement the recommendations of the Open Space and Environmental Resource Protection Plan, or any successor plan thereto, while allowing the number of lots permitted by the yield plan. Open space shall be designed in accordance with the provisions of Chapter 425, Subdivision and Land Development.
[Amended 6-8-2004 by Ord. No. 2004-07; 12-13-2005 by Ord. No.
2005-13; 2-13-2007 by Ord. No. 2007-01]
(3)
Dimensional standards. The lot reduction dimensional
standards of § 500-1302A(3) shall apply.
(4)
Additional lot reduction. Should it be demonstrated
that the number of lots permitted by the yield plan and the required
amount of open space preservation cannot both be achieved on a given
tract, the Board of Supervisors, by conditional use approval, may
allow an additional reduction of the minimum lot size of individual
lots by a maximum of 10%. For tracts of less than 10 acres, the conditional
use approval may also allow the use of conservation easements, not
to include areas devoted to roads, utility easements, or stormwater
management facilities, for up to 50% of the required open space, to
provide greater flexibility to achieve a reasonable number of lots.[1]
[Amended 6-8-2004 by Ord. No. 2004-07]
[1]
Editor's Note: Original § 500-1303.5,
Open space standards, which immediately followed this subsection,
was repealed 12-13-2005 by Ord. No. 2005-13.
[Added 7-10-2001 by Ord. 01-07]
Age-qualified housing, in conformance with the Federal Fair Housing Act of 1988, as amended, shall be permitted by conditional use in compliance with § 500-1303, Design alternative for open space preservation, and the following standards.
A.
Permitted development.
(1)
Single-family detached and/or single-family
attached dwelling units and accessory uses customarily associated
with these dwelling types.
(2)
Accessory uses appropriate for shared use by
residents of an age-qualified development, which shall be constructed
and available for use before the occupancy of 50% of the dwelling
units approved for the development, limited to the following:
(a)
Community center building(s), conveniently accessible
to all dwelling units, which may include meeting rooms, activity rooms,
craft rooms, library, lounges, fitness center, and/or kitchen facilities
for members of the age-qualified development and their guests. Minimum
floor area shall be no less than the larger of 15 square feet per
dwelling unit approved for the development or 1,250 square feet.
(b)
Outdoor recreation facilities appropriate for age-qualified development, in lieu of facilities required by Chapter 425, Subdivision and Land Development.
[Amended 12-13-2005 by Ord. No. 2005-13]
(c)
Guard station and/or mechanical entrance gate.
B.
Declaration of age qualification.
(1)
As a prerequisite for conditional use approval,
the applicant shall submit a declaration against all dwelling units
proposed to be age-qualified, in a form acceptable to the Township
Solicitor, pursuant to the Fair Housing Act.
(2)
This declaration shall identify the numbers
and types of dwellings to be age-qualified. The declaration shall
permanently bind a minimum of 80% of those dwelling units to be permanently
occupied by at least one person age 55 or older.
(3)
No permanent occupant of an age-qualified dwelling
unit may be less than 18 years of age.
C.
Permitted number of lots and/or dwelling units.
(1)
Maximum permitted number. The maximum permitted number of lots and/or dwelling units shall comply with the worksheet calculations of § 500-1303C, Determination of maximum number of lots or dwelling units, herein.
(2)
Maximum permitted number of non-age-qualified
lots. The applicant may designate no more than 5% of the total number
of permitted lots or dwelling units as "non-age-qualified lots" that
are not subject to age-qualified ownership and occupancy.
(a)
Area. Non-age-qualified lots (net of areas identified
and permanently preserved as open space) shall occupy no more than
25% of the total gross acreage of the original tract proposed for
age-qualified development.
(b)
Other applicable standards. Non-age-qualified lots shall comply with all applicable standards for conventional lotting, including access from a public street, and shall be deed restricted against further subdivision. They shall also comply with the dimensional standards of § 500-1304D(3) herein.
D.
E.
Conditional use standards and criteria. Age-qualified
development proposals shall be subject to the following conditional
use standards and criteria:
(1)
Overall plan required. The applicant shall submit
one overall subdivision and/or land development plan, although the
plan may be developed in separate phases.
(2)
Tract area, Number of lots/dwelling units, and
open space calculations. For the purposes of these calculations, an
age-qualified development shall consist of all subdivision and land
development proposed for a tract of land, including all age-qualified
dwelling units and non-age-qualified dwelling units.
(3)
Number of single-family attached dwelling units
per building. No more than four single-family attached dwelling units
shall be permitted in any one building.
(4)
Open space.
[Amended 6-8-2004 by Ord. No. 2004-07; 12-13-2005 by Ord. No.
2005-13]
(a)
Total area required. A minimum of 50% of the gross lot area of the original tract proposed for age-qualified development and related non-age-qualified development shall be permanently preserved as open space and shall be designed in accordance with the requirements of Chapter 425, Subdivision and Land Development.
(b)
Neighborhood open space areas. Within age-qualified neighborhoods, open space shall be provided as focal points designed in a village green character at a rate of one central location per 50 dwelling units and shall further be designed in accordance with the criteria for such open space contained in Chapter 425, Subdivision and Land Development.[2]
(5)
Parking capacity, setbacks and locations.
(a)
Parking for age-qualified development shall
be provided at the rate of 2.5 spaces per dwelling unit including
guest/overflow parking.
[1]
Each garage parking space may be counted toward
the total parking capacity as one parking space.
[2]
Driveway areas shall not be counted toward the
total parking capacity, whether located adjacent to a garage or elsewhere.
[3]
Guest/overflow parking spaces shall be provided
at the rate of 0.5 spaces per dwelling unit and shall be distributed
conveniently and equitably among the dwelling units.
(b)
On-street parking spaces shall not be permitted
along streets internal to the development. Off-street parking bays
may be provided along streets where less than 25 dwelling units must
use that section of street for access.
(c)
Off-street parking shall be provided adjacent
to the community center building at the rate of one space per 10 age-qualified
dwelling units.
(6)
Architectural standards. Age-qualified dwellings
shall be subject to the following standards:
(a)
Architectural characteristics. The applicant
shall prepare a set of architectural characteristics for the homes
in the development, including floor plans, elevations, perspective
sketches, and building materials, subject to approval by the Board
of Supervisors, with the advice of the Township Planning Commission.
Building materials, building styles, bulk, window and door placement,
roof pitch, and proportions shall be compatible with the rural and
village character of the area. A minimum of three different exterior
designs will be required to provide more interesting visual variety.
(b)
Approval and recording. The architectural characteristics
shall be approved as a condition of conditional use approval and shall
be recorded with the development agreement. Significant variations
from the approved characteristics shall require additional conditional
use approval, when determined necessary by the Board of Supervisors.
(c)
Architectural review. It is not intended that
the Board of Supervisors dictate the architectural characteristics
but that an acceptable set of standards be chosen by the applicant
and adhered to consistently throughout the development.
(d)
Building additions. The architectural plans
should specify the basic building configurations and provide the opportunity
for specific potential additions, such as porches, patios, decks or
additional rooms. These additional features must be compatible with
the original architectural standards.
(e)
Major architectural features, such as structural
bay windows, porticoes and dormers, shall be required for a minimum
of 25% of the age-qualified dwelling units.
(7)
Additional development regulations.
(a)
Water supply. All age-qualified and non-age-qualified dwelling units and other buildings in the overall development shall be served by a centralized water system approved by Upper Hanover Township and the Pennsylvania Department of Environmental Protection. Connection to the Upper Hanover Authority's public water system shall be required when water service is available, in accord with Chapter 477, Water.
(c)
Lighting. The applicant shall provide sufficient lighting for the convenience and safety of residents and visitors along internal roads, driveways, parking areas, sidewalks and pathways, subject to approval by the Board of Supervisors, with the advice of the Township Engineer. All lighting shall comply with the standards of § 500-823 of this chapter. Along sidewalks and pathways, low-level lighting shall be provided to improve visibility and safety for pedestrians.
(d)
Street access standards.
[1]
Internalized access. All age-qualified dwelling
units and buildings shall take access from streets and driveways within
the age-qualified development.
(e)
Landscaping, buffers and screens. Landscaping shall be provided and maintained in compliance with the standards in Chapter 425, Subdivision and Land Development.
(f)
Streambank restoration. Where streambanks are
seriously eroded and are in need of restoration, the Board of Supervisors
may require the applicant to provide such restoration in conformance
with accepted standards and best management practices regarding such
work.
(8)
Minimum setbacks for age-qualified principal
and accessory buildings.
[Amended 6-11-2002 by Ord. No. 02-12]
(a)
From any tract boundary of the age-qualified
development: 40 feet.
(b)
From the ultimate right-of-way of external streets:
75 feet. A gate house or guard house may be located within this setback,
provided that a sufficient vehicular turnaround is provided between
the external street and gate/guard house.
(c)
From internal driveways or streets: 25 feet,
except this shall not apply to driveways shared by only four or fewer
dwelling units.
(d)
From any other building: 50 feet; steps, porticoes,
bay windows, or similar minor architectural features may extend no
more than three feet from the building wall into the fifty-foot minimum
space.
(e)
From any group of 10 or more parking spaces:
25 feet.
