Township of Upper Hanover, PA
Montgomery County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
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 high-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. 
Meet the Township's obligations to provide for all basic forms of housing, including single-family and two-family dwellings, a reasonable range of multifamily dwellings in various arrangements, and mobile home parks, for a wide range of income levels and age groups.
B. 
Encourage compact development within the growth areas identified in the Upper Perkiomen Valley Regional Comprehensive Plan, thereby reducing the cost of providing public services.
[Amended 12-9-2003 by Ord. No. 03-12]
C. 
Create visual interest by encouraging a diversity of dwelling types and densities, a variety of building configurations, and innovative site design.
D. 
Relate development sensitively to natural features, provide sufficient open space and recreational facilities to serve the needs of future residents of high-density developments, and help implement the goals and objectives of the Open Space and Environmental Resource Protection Plan.
E. 
Provide standards and criteria for high-density development.
[Amended 6-8-2004 by Ord. No. 2004-07; 8-10-2004 by Ord. No. 2004-09]
The following dwelling types, development and uses are permitted in the R-3 Residential District, subject to the maximum densities listed herein or the additional standards identified by cross reference:
A. 
Single-family detached (SFD) at four dwelling units per developable acre.
B. 
Lot line house (LLH) at four dwelling units per developable acre.
C. 
Village house (VH) at four dwelling units per developable acre.
D. 
Twin at four dwelling units per developable acre.
E. 
Single-family attached (SFA) at four dwelling units per developable acre.
F. 
Multiplex (MP) at four dwelling units per developable acre.
G. 
Institutional uses, in compliance with Article XXVI, Institutional Use Regulations, of this chapter.
H. 
Open space and outdoor recreational uses, in compliance with Article XXVII, Open Space and Outdoor Recreation Regulations, of this chapter.
I. 
Accessory uses and structures, in compliance with § 500-808B of this chapter.
J. 
Agricultural uses.
K. 
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 § 500-818 of this chapter.
L. 
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]
All residential development in the R-3 District shall comply with the following regulations:
A. 
Minimum tract size. The minimum tract size shall be five acres, except lots of record containing less than five acres may be developed in accordance with the regulations of the R-2 District.
B. 
Minimum open space. A minimum of 50% of the gross lot area of the tract proposed for subdivision or land development shall be preserved for open space purposes in compliance with the criteria of Chapter 425, Subdivision and Land Development.
[Amended 6-8-2004 by Ord. No. 2004-07; 12-13-2005 by Ord. No. 2005-13]
C. 
Landscape buffer. A landscape buffer at least 50 feet wide shall be provided along the ultimate right-of-way of all abutting streets and along all tract boundaries for all development at R-3 standards, in compliance with the landscaping requirements in Article V of Chapter 425, Subdivision and Land Development. The buffer shall not be required along streets external to the development when the proposed development along such streets is limited to single-family detached dwellings on lots at least 100 feet wide. These dwellings shall face the external street and take vehicular access from within the development, in compliance with § 500-1406 herein.
[Amended 6-8-2004 by Ord. No. 2004-07; 9-13-2005 by Ord. No. 2005-10; 12-13-2005 by Ord. No. 2005-13]
D. 
Recreation facilities. The applicant shall provide sufficient space for active and passive recreation facilities and shall install recreation facilities in compliance with the requirements of § 425-503, Open space design and specifications and installation of recreation facilities, of Chapter 425, Subdivision and Land Development, and § 500-804 of this chapter.
[Amended 9-13-2005 by Ord. No. 2005-10]
E. 
Mix of dwelling types.
(1) 
A mix of permitted dwelling types shall be allowed on tracts of up to 20 acres in gross area.
(2) 
More than one dwelling type must be used on any tract of land that exceeds 20 acres in gross area.
(3) 
The minimum percentage of any one dwelling type in a mixed dwelling type development shall be 20% of the total dwelling units, calculated in compliance with § 500-1403B herein.
The total maximum number of dwelling units permitted and the maximum numbers of dwelling units of each type shall be determined by using the formulas contained in this section. Any question regarding the maximum permitted numbers of dwelling units shall be resolved by these calculations.
A. 
Calculation of total maximum number of dwelling units permitted. The applicant shall decide the percentages of each dwelling type to be included in the proposed development and use the following formula to calculate the total maximum number of dwelling units permitted:
[Amended 6-8-2004 by Ord. No. 2004-07]
Total Dwelling Units = Site's developable acreage divided by (a + b + c + d + e + f),
where:
a
=
proposed % of SFD divided by 4 (dwelling units per developable acre)
b
=
proposed % of LLH divided by 4 (dwelling units per developable acre)
c
=
proposed % of VH divided by 4 (dwelling units per developable acre)
d
=
proposed % of Twin divided by 4 (dwelling units per developable acre)
e
=
proposed % of SFA divided by 4 (dwelling units per developable acre)
f
=
proposed % of MP divided by 4 (dwelling units per developable acre)
(Percentages used in these calculations shall be in decimal form.)
B. 
Calculation of maximum numbers of dwelling units of each type. The applicant shall calculate the maximum numbers of dwelling units for each proposed dwelling type by using the following formula:
Maximum Number of Units of One Dwelling Type = Total dwelling units times the proposed percentage for that dwelling type (in decimal form)
C. 
Potential inability to develop the maximum numbers of dwelling units. The applicant's choices of dwelling types and mixing percentages, physical constraints of the development site, or other factors may limit the applicant's ability to develop the maximum numbers of dwelling types permitted by the calculations herein. If this occurs, the applicant's plans shall still be required to comply with all other applicable requirements of the R-3 District, including the minimum 50% open space.
[Amended 6-8-2004 by Ord. No. 2004-07]
[Amended 6-8-2004 by Ord. No. 2004-06; 6-8-2004 by Ord. No. 2004-07]
All lotted and unlotted residential development shall comply with the standards applicable to their dwelling types as specified in this section.
A. 
Minimum lot size, width and yards:
[Amended 9-13-2016 by Ord. No. 2016-04]
Dwelling Type
Lot Size Per Dwelling Unit
(square feet)
Lot Width at Building Setback Line Per Dwelling Unit
(feet)
Front Yard1
(feet)
Side Yard2
(feet)
Rear Yard3
(feet)
Single-family detached
5,000
50
5
10 each
30
Lot line house
6,000
50
5
103
30
Village house
6,000
30
5
10 each
30
Twin
3,000
25
5
10, one side for twins
30
Single-family attached
2,400
20
5
10, on end units
30
Multiplex
3,500
20
5
10, one side
N/A
Buildings or structures accessory to a residential use
Prohibited
10
10
NOTES:
1
Measured from the ultimate right-of-way or equivalent right-of-way of streets internal to the subdivision or land development or from the edge of paving of access driveways and parking spaces.
2
When a side or rear yard abuts an internal street or driveway, the minimum yard dimension shall be twice that listed in the table.
3
Only one side yard is required for lot line houses. A five-foot-wide maintenance easement shall be provided on the adjacent lot along the lot side with zero setback, unless a side yard at least five feet wide is provided along that side.
B. 
Maximum building and impervious coverages. The following standards apply to lotted development and to equivalent standards for unlotted development:
Single-Family Detached
Lot Line, Village House
Twin
Single Family Attached
Multiplex
Building coverage:
45%
60%
60%
65%
50%
Impervious coverage:
60%
75%
75%
75%
60%
C. 
Unlotted development. Unlotted development of the dwelling types listed in § 500-1404A above shall comply with the requirements of Article VIII, General Regulations, § 500-830, Condominium development, of this chapter.
D. 
Multiplex dwelling units:
(1) 
If proposed with individual lots, multiplex dwelling units shall comply with the dimensional standards of § 500-1404A and B.
(2) 
If proposed without individual lots, multiplex dwelling units shall comply with the dimensional standards of § 500-1404H below for multifamily development.
E. 
Maximum height for residential buildings and structures.
(1) 
Residential buildings: 35 feet.
(2) 
Buildings or structures accessory to a residential use: 15 feet.
[Amended 9-13-2016 by Ord. No. 2016-04]
F. 
Maximum building dimension. The maximum dimension for any residential building shall be 160 feet, measured along the building's facades.
G. 
Additional building setbacks for all dwelling types. All dwelling types shall comply with the following minimum building setbacks in addition to any setbacks required by § 500-1404A.
(1) 
From the ultimate right-of-way of streets external to the development: 75 feet.
(2) 
From external tract boundaries and from property lines within the development: 50 feet.
(3) 
From any other building in the development: 65 feet, except that this may be reduced to 30 feet between the ends of buildings.
(4) 
From the edge of areas delineated as common open space: 30 feet.
H. 
Additional building setbacks for unlotted multiplex dwelling types.
(1) 
From the curbline or edge of paving of driveways and parking areas within the development: 30 feet.
I. 
Setback from floodplain and/or wetlands. All buildings, parking, roads, driveways and other construction shall be set back a minimum of 10 feet from the edge of one-hundred-year floodplains and wetlands.
In addition to all other applicable standards, the following standards shall apply to the development of single-family attached units in the R-3 District:
A. 
No one building may contain more than six single-family attached dwelling units, and buildings shall not be attached to other buildings.
B. 
Each two dwelling units shall have their front and rear facades offset a minimum of four feet from the adjacent units to preclude a monolithic appearance. A design alternative that achieves a similar effect may be approved by the Board of Supervisors. This also applies to units built back to back.
C. 
Emergency access shall be provided by access strips clear of trees, shrubs, fences, walls and steep grades between ends of buildings and behind buildings. These shall be a minimum 15 feet wide and be connected to adjacent roads, driveways or parking areas. They may be independent of the lot areas or be located on easements on the lots.
All vehicular access proposed for subdivision and/or land development under R-3 District standards shall comply with the following standards and with the requirements of Article IV of Chapter 425, Subdivision and Land Development, regarding vehicular access, streets and driveways:
A. 
Proposals with less than 75 lots and/or dwelling units may be accessed by one full access driveway or road plus an emergency accessway in compliance with Section 15, Emergency Accessways, of Appendix A of Chapter 425, Subdivision and Land Development.
B. 
Proposals with 75 or more lots and/or dwelling units shall be accessed by a minimum of two full-access driveways or roads. However, there shall be no more than a total of two access driveways or roads from any one public road on which the development abuts.
C. 
Common-access driveways or roads are encouraged for adjacent developments to minimize the total number of access roads onto any public road.
D. 
All access driveways or roads shall be located a minimum of 100 feet from any tract boundary line adjacent to an existing single-family detached residential use or district, except where that use or district is on the opposite side of the road from which access is proposed to be taken.
E. 
No vehicular access shall be provided to individual lots in an R-3 development from streets classified as collector or higher classification, except where an existing dwelling retains an existing driveway, when approved by the Board of Supervisors.
The minimum number of parking spaces shall comply with the requirements of Article IX, Parking, of this chapter. Parking areas shall comply with the following minimum setback requirements:
A. 
From tract boundaries: 50 feet.
B. 
From ultimate rights-of-way of external roads: 50 feet.
C. 
From rights-of-way or equivalent rights-of-way of streets internal to the development: 25 feet.
A. 
Overall plan required. The applicant shall submit one overall subdivision and/or land development plan, although the plan may be developed in separate phases.
B. 
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.
C. 
Sewer and water. Development at R-3 standards shall be served by central water supply and central sewage disposal facilities. Individual on-lot sewage disposal shall be permitted only for single-family detached development in compliance with the R-2 District standards for development with on-lot water supply and sewage disposal (forty-thousand-square-foot lots and accompanying dimensional standards).
[Added 10-11-2005 by Ord. No. 2005-11]
In any conflict between the TND sections of this chapter and any other section of this chapter, the TND sections shall govern. In order to further expand the objectives of § 500-1400 by allowing mixed-use development on appropriately sized tracts in the R-3 Residential District, it is the intent of this article to provide regulations for a traditional neighborhood development in conformance with the goals of the Comprehensive Plan, Open Space and Environmental Resource Plan, and the following objectives:
A. 
Develop a mixed-use community on a tract of land large enough to function as a traditional small town.
B. 
Allow an alternate arrangement of dwellings to create a more compact, walkable community, lessening the need for automobile usage. More compact design will also allow building to occur on the most suitable land, preserving more environmentally sensitive land in its natural state.
C. 
Provide for a mix of housing types to accommodate various age and income levels within the community.
D. 
Provide some commercial uses within walking distance to accommodate the everyday needs of the residents.
E. 
Allow on-street parking and smaller cartway width on residential streets in the development to slow traffic and encourage pedestrian movement throughout the TND. Allow private alleys to serve as access to garages to reduce conflicts between automobiles and pedestrians on the street.
F. 
Provide more areas for social interaction by placing housing closer to the street, adding porches to homes, and creating inviting open space areas for recreation use.
[Added 10-11-2005 by Ord. No. 2005-11]
The following dwelling types, development and uses are permitted in a TND.
A. 
Single-family detached (SFD).
B. 
Lot line house (LLH).
C. 
Village house (VH).
D. 
Twin.
E. 
Single-family attached (SFA) with no single building containing more than seven dwelling units.
F. 
Multiplex (MP).
G. 
Multifamily (MF).
H. 
Retail establishment for the sale of merchandise.
I. 
Retail establishment for the sale and/or repair of jewelry, watches, clocks, optical goods, cameras, home appliances, electronic equipment, musical, professional or scientific instruments, and/or similar items.
J. 
Personal service shop, such as tailor, barber, beauty salon, shoe repair, dry cleaner, or dressmaker.
K. 
Business or professional offices, including medical, dental and other health care offices, veterinary offices (without boarding facilities), and similar uses.
L. 
Establishment serving food or beverages to the general public, such as restaurant, cafe, confectionery or ice cream shop, excluding drive-through facilities and excluding fast-food restaurants, taprooms and taverns.
M. 
Bank or other financial office.
N. 
Studios for activities such as dance, exercise, martial arts, music, art or photography, with a capacity for no more than 35 participants at any one time.
O. 
Day-care center, according to the provisions of § 500-822, Day-care facilities, of this chapter.
P. 
Convenience commercial retail, including the dispensing of gasoline. A canopy may be provided over the gasoline pumps, provided that the canopy has a fifty-foot setback from all existing and proposed streets. Automobile repair and/or storage are prohibited.
Q. 
Public library, museum, historic site, community center, senior citizens center or similar civic space.
R. 
Emergency service facilities, including ambulance, police and firehouses.
S. 
Electric, telephone or gas distribution facilities and/or transmission lines.
T. 
Wireless telecommunications facilities in compliance with § 500-833 of this chapter, provided that existing facilities which are owned by a public entity are exempt from the setback requirements in that section.
U. 
Public or private sewer and/or water utilities, including treatment facilities.
V. 
Drive-through facility for permitted uses, provided it meets the requirements of § 500-1502C(1) and (2).
W. 
Accessory uses shall be permitted on the same lot with and customarily incidental to any permitted use, in compliance with § 500-808, Accessory uses, of this chapter, except that detached garages may only be permitted if connected to the residence via a breezeway.
X. 
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]
[Added 10-11-2005 by Ord. No. 2005-11]
A. 
Minimum tract size. The minimum tract size in the R-3 Residential District shall be 100 gross acres. The TND provisions may be used on other residentially zoned contiguous tracts, provided that the additional land is less than 10% of the principal R-3 tract, shares a common boundary with the principal R-3 tract, and is part of an overall development for the entire tract.
B. 
Minimum open space. A minimum of 35% of the gross lot area of the tract shall be preserved for open space purposes in compliance with Chapter 425, Subdivision and Land Development Ordinance.
[Amended 12-13-2005 by Ord. No. 2005-13]
C. 
Landscaping. Landscaping shall be in accordance with Article X of Chapter 425, Subdivision and Land Development.
D. 
Mix of dwelling types. More than one dwelling type from § 500-1410A through G must be utilized in a TND development. The minimum percentage of any one dwelling type in a TND development is 20% of the total dwelling units. The maximum percentage of any one dwelling type in a TND development is 80% of the total dwelling units.
E. 
Age-qualified units are permitted in any of the dwelling types in § 500-1410A through G, provided they meet the requirements of § 500-1304B.
F. 
The maximum number of residential units shall be four dwelling units per gross acre, including any nonresidential area.
G. 
The uses listed in § 500-1410H through U shall be considered nonresidential uses and shall encompass a minimum of 2% of the gross tract area and a maximum of 5% of the gross tract area.
H. 
Regulation of floodplain areas shall be in accordance with Article XX, FPC Floodplain Conservation Overlay District, with the exception that paved roads, driveways, parking lots, ball fields and stormwater detention facilities are permitted in any flood-fringe area, provided that the criteria in § 500-2008 are met. Up to 10% of the flood-fringe area may be filled, provided that the criteria in § 500-2008 are met. Floodplain crossings are permitted in a TND, provided that the criteria in § 500-2008 are met. A conditional use or variance in accordance with § 500-2008 is not required, but the standards contained in § 500-2008 will be utilized during the plan review process. Disturbance of the floodway, as defined by FEMA, is not permitted under any circumstances.
[Amended 2-13-2007 by Ord. No. 2007-01]
I. 
Regulation of steep slopes shall be in accordance with Article XXV, SS Steep Slope Conservation Overlay District. Notwithstanding the above, the development of slopes in a TND that are more than 15% but less than 25% is permitted if less than 30% of the area is being developed and the criteria contained in § 500-2506 are met. A conditional use in accordance with § 500-2506 is not required, but the standards contained in § 500-2506 will be utilized during the plan review process.
[Amended 2-13-2007 by Ord. No. 2007-01]
J. 
In the Riparian Corridor Conservation Overlay District there shall be no disturbance of the first 25 feet of the riparian corridor. The provisions of §§ 500-2902 and 500-2903 notwithstanding, yards, driveways, alleys, streets and utility easements shall be allowed in the riparian corridor in a TND, provided that a twenty-five-foot buffer is maintained from the edge of any stream or pond.
[Amended 2-13-2007 by Ord. No. 2007-01]
[Added 10-11-2005 by Ord. No. 2005-11]
A. 
Dimensional regulations for residential development.
Dwelling Type
Lot Size per Dwelling Unit1
(square feet)
Lot Width per Dwelling Unit
(feet)
Front Yard2
(feet)
Side Yard, Each/Aggregate
(feet)
Rear Yard
(feet)
Single-family detached
6,000
50
15
5/15
25
Lot line house
6,000
50
10
103
25
Village house
6,000
50
10
5/15
25
Twin
3,000
25
10
10 one side
25
Single-family attached
2,160
20
10, 15 maximum; 25 maximum when garage faces street
10 end unit with 25 minimum between buildings
25
Multiplex
3,500
20
10
10 one side
25
Multifamily
15
25 between buildings
25
Accessory structures
Not permitted in front yard
10
10
NOTES:
1
Where lots are not proposed, equivalent setbacks and building spacing to those herein shall be provided.
2
Measured from the ultimate right-of-way or equivalent right-of-way of streets internal to the subdivision or land development or from the edge of paving of access driveways and parking spaces. Dwelling units in a TND may front on a public or private street or alley or on common open space. If units front on common open space, no front yard is required.
3
Only one side yard is required for lot line houses. A five-foot-wide maintenance easement shall be provided on the adjacent lot along the lot side with zero setback, unless a side yard at least five feet wide is provided along that side.
B. 
For purposes of determining compliance with minimum lot size standards as indicated in § 500-1412A, the areas contained by the following shall not be required to be subtracted from the gross lot area.
(1) 
Utility easements.
(2) 
Access easements for alleys.
(3) 
Riparian corridor areas, as defined in § 500-2901.
C. 
Dimensional regulations for nonresidential uses. Building and parking setbacks and buffers shall be regulated from adjacent uses and streets as follows:
(1) 
Buildings shall be set back from tract boundaries and residential buildings a minimum of 50 feet. There is no minimum building setback from road rights-of-way or other interior lot lines.
(2) 
Buildings shall be set back a minimum of five feet from any parking area or driveway.
(3) 
Maximum impervious coverage for the nonresidential area shall be 75%.
(4) 
Parking areas shall be set back a minimum of five feet from tract boundaries and ultimate rights-of-way. The required setback shall be shown on all parking lots.
D. 
Maximum height for buildings and structures.
(1) 
Residential buildings: 35 feet.
(2) 
Buildings or structures accessory to a residential use: 15 feet.
(3) 
Nonresidential buildings: 35 feet.
(4) 
Buildings or structures accessory to a nonresidential use: 20 feet; except canopies for gasoline pumps, which may be 30 feet.
[Added 10-11-2005 by Ord. No. 2005-11]
A. 
The minimum number of parking spaces for residential development in a TND shall be 2.5 spaces per unit. On-street parking is encouraged, and up to 20% of the required parking may be on- street. In a TND, driveways may be counted as parking spaces, provided that they are at least 20 feet in length.
B. 
Parking for commercial development shall comply with the requirements of Article IX, Parking, of this chapter. Shared parking areas are encouraged and should be calculated in accordance with § 500-904. Parking space dimensions may be reduced to nine feet by 18 feet; however, parking aisle width shall be as prescribed in § 425-416E(1) of Chapter 425, Subdivision and Land Development.
[Added 10-11-2005 by Ord. No. 2005-11]
A. 
Units shall be designed with a variety of architectural styles and materials to avoid creating monotonous streetscapes.
B. 
Single-family attached units.
[Amended 2-13-2007 by Ord. No. 2007-01]
(1) 
All townhouse buildings shall contain building breaks of the front facade plane that are no less than two feet and no more than five feet. Unless otherwise approved by the Board of Supervisors, no more than three units in a row shall be permitted on the same plane without a building break.
(2) 
Rooflines shall have a break in plane every three units or less.
[Added 10-11-2005 by Ord. No. 2005-11]
A. 
The architecture shall be designed to be compatible in form, scale and style with the residential architecture. To avoid a massive scale and uniform impersonal appearance, the design of the buildings should include facade ornamentation, building offsets, window treatments, variation in rooflines, entry treatments and building materials that are compatible and similar to the residential buildings. Buildings shall not appear to have flat roofs.
B. 
The use of semitrailers, metal storage or shipping containers during a loading or unloading procedure is permitted only in designated loading areas. All loading and trash service areas shall be screened in accordance with § 425-500F of Chapter 425, Subdivision and Land Development, to eliminate visibility from street areas.
[Added 10-11-2005 by Ord. No. 2005-11]
A. 
Overall plan required. The applicant shall submit one overall subdivision and/or land development plan in accordance with § 425-1001A of Chapter 425, Subdivision and Land Development, although the plan may be developed in separate phases.
B. 
Gateway feature.
(1) 
In a traditional neighborhood development, gateway features are required at each entry to the development to define the point of entry, to advertise the TND, and to welcome residents to the community. Examples of gateway features include, but are not limited to:
(a) 
Monument signs not to exceed 75 square feet.
(b) 
Wing walls.
(c) 
Sculpture.
(d) 
Fountains.
(e) 
Landmark buildings.
(f) 
Other structures that help to anchor street corner conditions.
(2) 
Materials used in the construction of the gateway feature shall be of a type that is consistent with the overall appearance of the TND. Landscaping shall be designed in conjunction with the gateway feature, but in no case shall the landscaping or the gateway feature impact on required sight distances. It is the intent of this section to create a unique identity or branding for the TND at the points of highest traffic and visibility. All gateway features shall be approved by the Board of Supervisors.
C. 
Sewer and water. Development using TND standards shall be served by public sewer and water.