Caln Township City Zoning Code
ARTICLE VII
Residential Land Use and Development Requirements
§ 155-50 Statement of intent.
The intent of Article VII is to develop land use and development requirements for the permitted residential uses within Caln Township. The provisions of Article VII are intended to supplement and not replace the zoning district regulations, which are further specified under Article IV of this chapter.
§ 155-51 Single-family detached residential uses.
A.
Single-family detached residential units, as defined under Article II of this chapter, are permitted by right within Caln Township as follows:
B.
Unless otherwise specified by this Code, all single-family detached dwelling units shall be located on approved residential lots which comply with the minimum and maximum dimensional requirements as well as the utility provisions, which are further specified by the appropriate zoning district to which the single-family detached residential unit is located.
C.
Where required to comply with the provisions of the Caln Township Code, a subdivision plan and/or land development plan shall be submitted to Caln Township for review and consideration prior to the issuance of a building permit for a single-family-detached residential use. If a subdivision or land development plan is required, the plan shall be prepared to comply with the appropriate provisions of the Code.
D.
All typical accessory uses and structures to a single-family detached residential unit shall be permitted, provided they are located on the same lot as the single-family detached unit; they are clearly subordinate to the single-family detached residential unit; they have been properly addressed as part of the application for a building permit, subdivision plan or land development plan; and/or they comply with all other supplemental development and design requirements specified within the Code.
§ 155-52 Single family semidetached residential uses.
A.
Single-family semidetached dwelling units, as defined under Article II of this chapter, are permitted by right within the R-3 and R-4 Zoning Districts.
[Amended 4-24-2008 by Ord. No. 2008-4; 9-27-2012 by Ord. No. 2012-07]
B.
Unless otherwise specified by this Code, all single-family semidetached dwelling units shall be located on individually approved residential lots which comply with the minimum and maximum dimensional requirements as well as the utility provisions, which are further specified by the appropriate zoning district to which the single-family semidetached residential unit is located.
C.
Unless otherwise permitted by this Code, each residential semidetached unit shall be considered as a principal use and shall be contained within a residential lot meeting the individual dimensional and utility requirements for a semidetached unit. Each residential lot shall be accurately described by bearings and distances which shall be recorded as a separate deed.
D.
The common wall separating the residential semidetached units shall be considered the common lot line as extended from the front property line to the rear property line. The side yard setback requirements shall not apply to any part of the principal residential use; however, the side yard setback requirement for all accessory buildings and/or uses should be measured at least 10 feet from the common lot line.
E.
Where required to comply with the provisions of the Caln Township Code, a subdivision plan and/or land development plan shall be submitted to Caln Township for review and consideration prior to the issuance of a building permit for a single-family semidetached residential use. If a subdivision or land development plan is required, the plan shall be prepared to comply with the appropriate provisions of Chapters 137 and 155 of the Code.
F.
All typical accessory uses and structures to a single-family semidetached residential unit shall be permitted, provided they are located on the same lot as the single-family semidetached unit; they are clearly subordinate to the single-family semidetached residential unit; they have been properly addressed as part of the application for a building permit, subdivision plan or land development plan; and/or they comply with all other supplemental development and design requirements specified within the Code.
§ 155-53 Two-family detached residential uses.
A.
Two-family detached dwelling units, as defined under Article II of this chapter, are permitted by conditional use within the R-4 Zoning District.
[Amended 4-24-2008 by Ord. No. 2008-4]
B.
Unless otherwise specified by this Code, all two-family detached dwelling units shall be located on approved residential lots which comply with the minimum and maximum dimensional requirements as well as the utility provisions, which are further specified by the appropriate zoning district to which the two-family detached residential unit is located.
C.
Unless otherwise permitted by this Code, each two-family detached residential unit which shall be contained within a residential lot meeting the dimensional requirements for two-family detached residential units shall have separate utility connections to each residential unit. Each residential lot and unit shall be accurately by described by defined parameters, which shall be recorded as a separate deed.
D.
Where required to comply with the provisions of the Caln Township Code, a subdivision plan and/or land development plan shall be submitted to Caln Township for review and consideration prior to the issuance of a building permit for a two-family detached residential use. If a subdivision or land development plan is required, the plan shall be prepared to comply with the appropriate provisions of the Code.
E.
All typical accessory uses and structures to a two-family detached residential unit shall be permitted, provided: they are located on the same lot as the two-family detached unit; they are clearly subordinate to the two-family detached residential unit; they have been properly addressed as part of the application for a building permit, subdivision plan or land development plan; and/or they comply with all other supplemental development and design requirements specified within the Code.
§ 155-54 Multifamily townhouse uses and developments.
[Amended 9-29-2005 by Ord. No. 2005-12;1-25-2024 by Ord. No. 2024-01 ]
A.
Multifamily townhouse units, as defined under Article II of this chapter, are permitted by conditional use within the R-4 and TV-1 Zoning Districts. Multifamily townhouse units are also permitted as previously approved by Caln Township within the R-5 Zoning District.
B.
All multifamily townhouse unit developments shall be designed in accordance with the following general design requirements:
(1)
The minimum amount of land in the development shall be 25 contiguous acres. "Contiguous land area" shall be defined as a parcel of land that is owned under a single deed or parcels of land that are owned under multiple deeds, provided that the parcels of land are contiguous to each other having common deed boundaries and are not physically separated by parcels of land owned by other individuals or parties. The Board of Commissioners shall consider contiguous parcels of land that are physically separated by existing public roads, utility easements or rights-of-way, streams and/or other natural features, provided that the applicant demonstrate that the multifamily townhouse unit development can be harmoniously designed.
(2)
All of the uses contained within the development shall be served by public sanitary sewage disposal facilities. As part of the conditional use application, the applicant shall provide evidence that there are sufficient capacities to service the development in accordance with the terms specified on all pertinent municipal agreements.
(3)
All of the uses contained within the development shall be served by public water supply facilities. As part of the conditional use application, the applicant shall provide evidence that there are sufficient capacities to service the development in accordance with the terms specified on all pertinent municipal agreements.
(4)
The maximum permitted residential density (townhouse units per gross acre) for multifamily townhouse unit developments in the R-4 District shall not exceed 4.0 townhouse units per gross acre. The maximum permitted residential density (townhouse units per gross acre) for multifamily townhouse unit developments in the TV-1 District shall not exceed 4.0 townhouse units per gross acre.
(5)
A minimum of 50% of the gross area of the multifamily townhouse unit development shall be set aside as common open space.
C.
Dimensional requirements:
(1)
A multifamily townhouse unit development in the R-4 District shall be designed to comply with the following minimum and maximum dimensional requirements:
(a)
The minimum width of a townhouse unit shall be 24 feet per unit.
(b)
The building setback line should be established 30 feet from the right-of-way line or 40 feet from the curbline.
(c)
The minimum building separation from other groups of townhouse units within the development shall be as follows:
(d)
All townhouse units within the development shall be located at least 50 feet from any property line or property which is not owned by the applicant in predevelopment conditions.
(e)
The number of townhouse units, attached in a common row, shall not exceed eight attached townhouse units.
(f)
The maximum height of a townhouse unit shall be 35 feet.
(g)
No more than 25% of the total area of the development shall be covered by buildings.
(h)
No more than 40% of the total area of the development shall be covered by impervious surfaces.
(2)
A multifamily townhouse unit development in the TV-1 District shall be designed to comply with the following minimum and maximum dimensional requirements:
(a)
The minimum width of a townhouse unit shall be 20 feet per unit.
(b)
The building setback line should be established 20 feet from the curb line.
(c)
The minimum building separation from other groups of townhouse units within the development shall be as follows:
(d)
All townhouse units within the development shall be located at least 25 feet from any property line or property which is not owned by the applicant in predevelopment conditions.
(e)
The number of townhouse units, attached in a common row, shall not exceed eight attached townhouse units.
(f)
The maximum height of a townhouse unit shall be 35 feet.
(g)
No more than 25% of the total area of the development shall be covered by buildings.
(h)
No more than 40% of the total area of the development shall be covered by impervious surfaces.
(i)
Notwithstanding any other provision in this chapter to the contrary, where more than 50% of the tract is comprised of lands within the 100-year floodplain, areas delineated as wetlands and/or areas with a slope of 20% or greater, more than 50% of the common open space may be located within these constrained lands provided that a minimum of 10% of the required common open space is suitable for active recreation.
D.
The multifamily townhouse unit development shall be designed in accordance with following architectural, landscaping and exterior enhancement standards:
(1)
The development shall be designed with regard to the topographic and natural features of the site. The purpose of this provision is to insure that the natural features of the development are preserved and protected to the extent that it is not necessary to disturb the site in order to implement the conditional use plan utilizing the objective criteria and standards of Chapters 155 and 137 relating to the proposed housing types, street locations and required infrastructure and their intended location within the site.
(2)
A preliminary grading plan shall be developed to identify the limits of disturbance for all municipal site improvements within the multifamily townhouse unit development, depicting the proposed location thereof in relation to lakes, ponds, streams, floodplains, wetlands, tree masses and hedgerows. Design components shall be implemented to minimize extensive earthmoving, utilizing typical planning and engineering practices.
(3)
The applicant shall give special attention to the main entrance(s) to the multifamily development. The use of lighting, water and/or landscaping products in conjunction with a boulevard street design shall be provided and considered as a prominent feature of the development. A boulevard entrance shall be required unless otherwise approved by the Board of Commissioners as part of the conditional use application.
(4)
A landscaping plan shall be submitted to Caln Township for consideration as part of the conditional use application. Unless otherwise permitted by the Board of Commissioners as part of the conditional use application, the applicant shall provide three new trees per townhouse unit. The trees should be a minimum caliper of three inches in caliper and shall be planted either as street trees, as part of the buffer yard or within the areas designated as common open space.
(5)
The multifamily development shall provide a twenty-five-foot-wide buffer yard and planting screen along the property lines at the perimeter of the development tract to enhance the privacy of the adjacent property owners. The design of the landscape and planting screen shall be subject to the reasonable approval of the Board of Commissioners. The use of existing mature trees (six inches in caliper, as measured four feet from the ground) is encouraged and may be utilized as part of the required buffer yard.
(6)
Townhouse units shall be constructed utilizing mansards, gables and/or hip roofs as part of the architectural design. The front building lines or facade of any two adjoining townhouse units shall be staggered or offset so that each townhouse unit will have a minimum horizontal separation (front to back at full height) of two feet.
(7)
The common off-street parking areas and access drives shall be designed considering the provisions of Article X of this chapter as well as the following requirements:
(a)
The parking areas shall not be designed or located to require cars to back into streets in order to leave the parking areas. All dead-end parking lots shall provide adequate areas in which emergency and commercial vehicles can safely maneuver.
(b)
Common parking areas and access drives shall be located a minimum of 20 feet from all structures and from the exterior lot lines of the development. Common parking areas shall be a minimum of 20 feet from all street rights-of-way and exterior lot lines of the development.
(c)
The entrance and exitways to parking areas shall have a minimum width of 12 feet for each lane of traffic entering or leaving the areas.
(d)
Parking areas shall be designed to prevent through traffic to other parking areas. No more than 60 off-street parking spaces shall be accommodated in any one parking area. All common parking areas shall be sufficiently screened and landscaped in accordance with the standards specified under § 155-119 of this Code.
(e)
Entrances to and exits from common parking areas shall be located a minimum of 150 feet from the point of intersection of the nearest street curblines.
(8)
Exterior storage areas for trash and rubbish shall be completely screened from view on three sides by fencing and landscaping. All trash and rubbish shall be contained in verminproof containers.
E.
The design of the land or water areas designated as common open space shall comply with the following standards and specifications:
(1)
A minimum of 50% of the gross area of the development tract shall be set aside as common open space.
(2)
No more than 50% of the common open space shall be located on lands within areas that are located within the one-hundred-year floodplain, areas delineated as wetlands and/or areas with a slope of 20% or greater.
(3)
No more than 50% of the common open space shall include land areas that are burdened by or are proposed to contain utilities easements and/or stormwater management facilities, as further described under Caln Township Code.
(4)
The common open space shall be planned and located as a contiguous accessible area within the development. Existing and/or proposed roads may bisect the areas designated as common open space, provided a crosswalk at grade is safely designed to link the common open space areas. Planned linkages to other common open space areas within other adjacent residential developments shall be considered by the applicant as part of the conditional use application.
(5)
Significant natural features shall be incorporated into the overall schematic of the design as common open space areas whenever possible.
(6)
A system for pedestrian circulation throughout the development shall be provided by utilizing sidewalks and trails.
(7)
The total land area designated to comply with the minimum open space requirements shall be comprised of areas not less than 50 feet in width and shall not contain less than one contiguous acre of land. In addition, there shall be at least one designated common area that is contiguous within the multifamily townhouse unit development containing no less than 25% of the required open space.
(8)
For all common open spaces, satisfactory written agreements approved by the Board of Commissioners shall be executed as a declaration of easements, covenants and restrictions in perpetuity for the preservation of the common open spaces and shall be recorded with the final plan.
(9)
The applicant shall make arrangements, provisions and/or agreements to insure that the common open space shall continue to be adequately managed and maintained. The applicant shall have the following options for ownership, management and maintenance of the common open space:
(a)
Dedicate the land encompassing the common open space to a homeowners' association which is comprised of all the residents of the development; or
(b)
Dedicate the land encompassing the common open space to Caln Township, who shall have the option to accept or refuse the land offered for dedication
(10)
The provisions specified herein for common open space do not relieve the applicant of other requirements for open space and recreation, as specified with the Caln Township Code, with which the applicant shall comply.
F.
In addition to the townhouse units, the proposed multifamily development may contain the following nonresidential uses, provided they are considered as part of the conditional use application:
(1)
Office space consisting of no more than 5,000 square feet and utilized for the purposes of conducting customary business, sales, meetings and/or maintenance which are directly associated with the multifamily townhouse unit development and which are owned and operated by the developer or homeowners' association.
(2)
Indoor recreation and/or community center consisting of no more than 10,000 square feet and utilized exclusively by the residents of the multifamily townhouse unit development.
(3)
Active and passive recreation uses conducted on the areas designated as common open space.
§ 155-55 Apartment buildings and apartment complexes.
[Amended 9-29-2005 by Ord. No. 2005-12; 7-28-2011 by Ord. No. 2011-06; 10-10-2013 by Ord. No. 2013-07]
A.
Apartment buildings and apartment complexes are permitted by conditional use within the R-4 District. Apartment complexes are permitted by conditional use in the C-1 Highway Commercial District. Apartment buildings and apartment complexes are also permitted as previously approved by Caln Township within the R-5 Zoning District.
B.
Apartment buildings in the R-4 District shall be designed in accordance with the standards in this § 155-55B.
(1)
There shall be a minimum contiguous land area of four gross acres.
(2)
The apartment building shall be served by public sanitary sewage and public water supply facilities.
(3)
There shall be a minimum of 3,000 square feet of lot area per dwelling unit.
(4)
A minimum of 40% of the gross area of the lot shall be set aside as common open space. No more than 60% of the common open space shall be located on lands within areas that are located within the one-hundred-year floodplain, areas delineated as wetlands and/or areas with a slope of 20% or greater.
(5)
The building setback line shall be 30 feet from the existing right-of-way line or ultimate right-of-way, whichever is greater.
(6)
The maximum length of any apartment building shall not exceed 160 feet.
(7)
The maximum depth of any apartment building shall not exceed 80 feet.
(8)
All apartment buildings shall be located at least 30 feet from any side or rear property line.
(9)
The maximum building cover shall be 25%.
(10)
The maximum impervious cover shall be 40%.
(11)
The maximum building height shall be 60 feet.
(12)
The apartment building shall be designed in accordance with the following architectural, landscaping and exterior enhancement standards:
(a)
A landscaping plan shall be submitted to the Township for consideration and approval as part of the conditional application.
(b)
The apartment building shall provide a buffer yard and planting screen along the property lines at the perimeter of the development tract sufficient to protect the privacy of the adjacent property owners. In no instance shall the buffer yard be less than 10 feet in width when the proposed yard abuts an existing nonresidential use and no less than 25 feet in width when the yard abuts a residential use. The design of the landscaped and planting screen shall be subject to the approval of the Board of Commissioners as part of the conditional use application. The use of existing mature trees (six inches in caliper, as measured at breast height) is encouraged and may be utilized as part of the required buffer yard.
(13)
Apartment buildings may be constructed utilizing courtyards, common porticos, mansards, gables and/or hip roofs as part of the architectural design.
(14)
The off-street parking areas and access drives shall be designed in accordance with the following provisions:
(a)
The parking areas shall not be designed or located to require cars to back into streets in order to leave the parking areas. All dead-end parking lots shall provide adequate areas in which emergency and commercial vehicles can safely maneuver.
(b)
Common parking areas and access drives shall be located a minimum of 20 feet from the apartment building. Common parking areas shall be a minimum of 20 feet from all street rights-of-way and exterior lot lines of the development.
(c)
The entrance- and exitways to parking areas shall have a minimum width of 12 feet for each lane of traffic entering or leaving the areas.
(d)
All common parking areas shall be sufficiently screened and landscaped in accordance with the standards in § 155-119 of this chapter.
(e)
The minimum number of required number off-street parking spaces for the development shall be two spaces per dwelling unit.
(f)
Each parking space shall have a minimum area of 162 square feet (nine feet wide by 18 feet long).
(15)
Exterior storage areas for trash and rubbish shall be completely screened from view on three sides by fencing and landscaping. All trash and rubbish shall be contained in verminproof containers.
(16)
The provisions specified herein for common open space do not relieve the applicant of complying with other requirements for open space and recreation as specified within the Caln Township Code.
(17)
The development shall incorporate sidewalks or trails for pedestrian circulation.
C.
Apartment complexes in the R-4 and C-1 Districts shall be designed in accordance with the standards in this § 155-55C.
(1)
There shall be a minimum contiguous land area of 15 gross acres. "Contiguous land area" shall be defined as a parcel of land that is owned under a single deed or parcels of land that are owned under multiple deeds, provided that the parcels of land are contiguous to each other having common deed boundaries and are not physically separated by parcels of land owned by other individuals or parties. The Board of Commissioners shall consider contiguous parcels of land that are physically separated by utility easements or rights-of-way, streams and/or other natural features, provided that the applicant demonstrates that the apartment development can be harmoniously designed.
(2)
All of the uses contained within the development shall be served by public sanitary sewage disposal facilities. As part of the conditional use application, the applicant shall provide evidence that there are sufficient public sewer capacities to service the development.
(3)
All of the uses contained within the development shall be served by public water supply facilities. As part of the conditional use application, the applicant shall provide evidence that there are sufficient public water capacities to service the development.
(4)
The maximum permitted residential density (apartment units per gross acre) for apartment buildings shall be 13 units per acre.
(5)
A minimum of 40% of the gross area of the apartment development shall be set aside as common open space. No more than 60% of the common open space shall be located on lands within areas that are located within the one-hundred-year floodplain, areas delineated as wetlands and/or areas with a slope of 20% or greater.
(6)
The total number of individual apartment units contained within a single building shall not exceed 32 apartment units.
(7)
The building setback line shall be 30 feet from the existing right-of-way line or ultimate right-of-way, whichever is greater.
(8)
The minimum building separation from other groups of apartment buildings within the development shall be as follows:
(9)
The maximum length of any apartment building shall not exceed 160 feet.
(10)
The maximum depth of any apartment building shall not exceed 80 feet.
(11)
All apartment buildings shall be located at least 30 feet from any side or rear property line.
(12)
The maximum building cover shall be 25%.
(13)
The maximum impervious cover shall be 40%.
(14)
The maximum building height shall be 60 feet.
(15)
The apartment development shall be designed in accordance with the following architectural, landscaping and exterior enhancement standards:
(a)
A landscaping plan shall be submitted to the Township for consideration and approval as part of the conditional application.
(b)
The apartment development shall provide a buffer yard and planting screen along the property lines at the perimeter of the development tract sufficient to protect the privacy of the adjacent property owners. In no instance shall the buffer yard be less than 10 feet in width when the proposed yard abuts an existing nonresidential use and no less than 25 feet in width when the yard abuts a residential use. The design of the landscaped and planting screen shall be subject to the approval of the Board of Commissioners as part of the conditional use application. The use of existing mature trees (six inches in caliper, as measured at breast height) is encouraged and may be utilized as part of the required buffer yard.
(16)
Apartment buildings may be constructed utilizing courtyards, common porticos, mansards, gables and/or hip roofs as part of the architectural design. Where feasible, the front building lines or facades of the apartment building shall be staggered or offset.
(17)
The off-street parking areas and access drives shall be designed in accordance with the following provisions:
(a)
The parking areas shall not be designed or located to require cars to back into streets in order to leave the parking areas. All dead-end parking lots shall provide adequate areas in which emergency and commercial vehicles can safely maneuver.
(b)
Common parking areas and access drives shall be located a minimum of 20 feet from all buildings and structures within the development. Common parking areas shall be a minimum of 20 feet from all street rights-of-way and exterior lot lines of the development.
(c)
The entrance- and exitways to parking areas shall have a minimum width of 12 feet for each lane of traffic entering or leaving the areas.
(d)
All common parking areas shall be sufficiently screened and landscaped in accordance with the standards in § 155-119 of this chapter.
(e)
The minimum number of required number off-street parking spaces for the development shall be two spaces per dwelling unit.
(f)
Each parking space shall have a minimum area of 162 square feet (nine feet wide by 18 feet long).
(18)
Exterior storage areas for trash and rubbish shall be completely screened from view on three sides by fencing and landscaping. All trash and rubbish shall be contained in verminproof containers.
(19)
The provisions specified herein for common open space do not relieve the applicant of complying with other requirements for open space and recreation as specified within the Caln Township Code.
(20)
The apartment development shall incorporate sidewalks or trails for pedestrian circulation.
(21)
In addition to the dwelling units, an apartment complex may contain the following nonresidential uses:
(a)
Office space utilized for the purpose of conducting customary business, sales, meetings and/or maintenance which are directly associated with the apartment development.
(b)
Indoor recreation and/or community center for use by the residents of the apartment buildings.
(c)
Active and passive recreation uses within the open space areas of the apartment development.
§ 155-56 Residential cluster developments.
A.
The purpose of this section of the Code is to provide development and design standards for cluster developments containing single-family detached residential units. The objectives of these provisions are outlined as follows:
(1)
To provide an optional approach to community development with provisions to permit more efficient utilization of land and of community facilities and services.
(2)
To encourage innovative residential land development that will conserve open space and protect environmentally sensitive areas.
(3)
To endorse smart growth techniques and conservation design practices.
(4)
To efficiently utilize the remaining undeveloped land area within Caln Township.
(5)
To implement the recommendations concerning natural features, conservation management, utilities, transportation, housing and land use, as outlined within the Comprehensive Plan.
B.
Residential cluster developments containing residential lots or units, as permitted by this section and as further defined under Article II of this chapter, are permitted by conditional use in the R-1, R-2, R-3 and R-4 Zoning Districts. Cluster developments are also permitted as previously approved by Caln Township within the R-5 Zoning District.
C.
All residential cluster developments shall be designed in accordance with the following general design and eligibility requirements:
(1)
The minimum amount of land in the development shall be 25 contiguous acres. “Contiguous land area” shall be defined as a parcel of land that is owned under a single deed or parcels of land that are owned under multiple deeds, provided that the parcels of land are contiguous to each other having common deed boundaries and are not physically separated by parcels of land owned by other individuals or parties. The Board of Commissioners shall consider contiguous parcels of land that are physically separated by existing public roads, utility easements or rights-of way, streams and/or other natural features, provided that the applicant demonstrate that the residential cluster development can be harmoniously designed.
(2)
All of the uses contained within the development shall be served by public sanitary sewage disposal facilities. As part of the conditional use application, the applicant shall provide evidence that there are sufficient capacities to service the development in accordance with the terms specified on all pertinent municipal agreements.
(3)
All of the uses contained within the development shall be served by public water supply facilities. As part of the conditional use application, the applicant shall provide evidence that there are sufficient capacities to service the development in accordance with the terms specified on all pertinent municipal agreements.
(4)
A minimum of 50% of the gross area of the residential cluster development shall be set aside as common open space. The area designated as common open space shall comply with all provisions of this section of the Code. Where conflicts exist, the provisions of this section shall apply.
(5)
The maximum permitted base residential density provision for the residential cluster development shall be as follows:
(a)
One and 1/2 dwelling units per gross acre within the R-1 Zoning District.
(b)
One and 3/4 dwelling units per gross acre within the R-2 Zoning District.
(c)
Two dwelling units per gross acre within the R-3 Zoning District.
(d)
Two and 1/4 dwelling units per gross acre within the R-4 Zoning District.
(e)
For preexisting planned residential communities within the R-5 Zoning District, the residential density shall not exceed the maximum residential density specified on the approved plan.
(6)
A density bonus of 0.1 dwelling units per gross acre may be added to the base residential density requirements for each design objective (as contained within this subsection) achieved as part of the conditional use application. The maximum permitted density bonus shall not exceed 0.5 dwelling units per gross acre. As part of the conditional use application, the Board of Commissioners may consider a density bonus for the following design objectives:
(a)
The conditional use application provides additional consideration to on-site traffic, drainage and sanitary sewer improvements over and above what is otherwise required by ordinance, which are deemed necessary by the Caln Township Engineer to accommodate the residential density of the cluster development.
(b)
The conditional use application provides consideration for active recreation facilities on at least 10% of the land area designated as open space within the cluster development
(c)
The conditional use application provides for passive recreation, educational and/or ecological opportunities that are considered schematically planned, contiguous and/or integrated with other passive recreation areas on at least 20% of the land area designated as open space within the cluster development.
(d)
The overall development is designed as an adult or age qualified community
(e)
The conditional use application is designed with a village atmosphere with unique or enhanced architectural value, including utilizing natural building products for the building face (brick, stone or masonry products) and rooflines (mansards, gables or hip roof designs).
(f)
The conditional use application provides additional open space areas beyond the minimum requirement of 50% of the gross tract area, regardless of configuration, such that a 0.1 residential density bonus shall be incrementally applied for each additional 5% of the gross tract area that is designated as open space within the cluster development. The maximum density bonus for this provision shall not exceed 0.3 dwelling units per acre.
(g)
The conditional use site plan is designed in an environmentally sensitive fashion that results in the preservation of mature trees, woodlands, steep slopes, floodplains and wetlands, such that a minimum of 70% of the gross area designated as open space shall not be disturbed by any site improvements and/or earth disturbance activities
(h)
As part of the conditional use application, the applicant agrees to fund and complete substantial public improvements to mitigate one or more off-site impacts of the development, such as public streets and intersections, public stormwater management and water or sewer improvements identified by the Board of Commissioners as a means to significantly reduce the need for public expenditures to resolve clear public needs associated to any degree with the proposed conditional use development.
D.
The following land uses shall be permitted within a residential cluster development:
(1)
Single family detached residential uses within the R-1, R-2, R-3 and R-4 Zoning Districts, subject to the following minimum and maximum development requirements:
(a)
The minimum net lot area for each individual residential lot shall be 8,000 net square feet.
(b)
The minimum lot width for each individual residential lot shall be 80 feet.
(c)
The minimum front yard setback shall be 25 feet. The Board of Commissioners may allow an architectural projection of five feet into the required front yard, provided that the architectural projection is not part of the garage area for the dwelling.
[Amended 8-10-2006 by Ord. No. 2006-9]
(d)
The minimum side yard setback shall be 10 feet, as measured on each side.
(e)
The minimum rear yard setback shall be 30 feet.
(f)
The maximum building height shall be 35 feet.
(g)
The maximum building coverage shall be 30% for each lot.
(h)
The maximum lot coverage shall be 40% for each lot.
(i)
All proposed single-family detached residential units within the development shall be located at least 50 feet from any property line or property which is not owned by the applicant in predevelopment conditions.
(2)
Single-family semidetached uses within the R-3 and R-4 Zoning Districts, subject to the following minimum and maximum development requirements:
(a)
The minimum lot area for each individual residential lot shall be 7,000 net square feet per residential unit.
(b)
The minimum lot width for each individual residential lot shall be 50 feet per unit.
(c)
The minimum front yard setback shall be 30 feet. The Board of Commissioners may allow an architectural projection of five feet into the required front yard, provided that the architectural projection is not part of the garage area for the dwelling.
(d)
The minimum side yard setback shall be 10 feet, as measured on each side.
(e)
The minimum rear yard setback shall be 30 feet.
(f)
The maximum building height shall be 35 feet.
(g)
The maximum building coverage shall be 30% for each lot.
(h)
The maximum lot coverage shall be 40% for each lot.
(i)
All proposed single-family semidetached residential units within the development shall be located at least 50 feet from any property line or property which is not owned by the applicant in predevelopment conditions.
(j)
The maximum number of single-family semidetached units within a residential cluster development shall not exceed 25% of the total number of residential units within the overall development.
(3)
Townhouse units within the R-4 Zoning District, subject to the following minimum and maximum development requirements:
(a)
The minimum width of a townhouse unit shall be 24 feet.
(b)
The minimum front yard setback shall be 25 feet. The Board of Commissioners may allow an architectural projection of five feet into the required front yard, provided that the architectural projection is not part of the garage area for the dwelling.
(c)
The minimum building separation from other groups of townhouse units within the development shall be as follows: the separation shall be 40 feet when the townhouse unit groups are side to side; the separation shall be 50 feet when the townhouse unit groups are side to rear; the separation shall be 60 feet when the townhouse unit groups are rear to rear.
(d)
The number of townhouse units, attached in a common row, shall not exceed eight attached townhouse units, provided that the front building lines or facades of any two adjoining townhouse units are offset by a minimum of two feet.
(e)
The maximum height of a townhouse unit shall be 35 feet.
(f)
The maximum depth of a group of townhouse units shall not exceed 50 feet.
(g)
No more than 40% of the designated area for the townhouse units shall be covered by buildings.
(h)
No more than 60% of the designated area for the townhouse units shall be covered by impervious surfaces.
(i)
All townhouse units within the development shall be located at least 50 feet from any property line or property which is not owned by the applicant in predevelopment conditions.
(j)
The maximum number of townhouse units within a residential cluster development shall not exceed 25% of the total number of residential units within the overall development.
(4)
Office space consisting of no more than 5,000 square feet and utilized for the purposes of conducting customary business, sales, meetings and/or maintenance which are directly associated with the residential cluster development and which are owned and operated by the developer or homeowners' association.
(5)
Indoor recreation and/or community center consisting of no more than 10,000 square feet and utilized exclusively by the residents of the residential cluster development.
(6)
Active and passive recreation uses conducted on the areas designated as common open space, as per the requirements specified by this section as well as those specified under § 155-90 of this Code.
(7)
Municipal uses.
(8)
No-impact home-based business or occupation.
(9)
Accessory buildings, structures and uses.
E.
The residential cluster development shall be designed in accordance with the following planning and engineering considerations:
(1)
All land and water areas that are not utilized for lots, streets, utilities or other permitted uses within the cluster development shall be set aside and maintained as common open space.
(2)
The minimum lot area required for each residential use shall not include land areas that are classified as being within the one-hundred-year floodplain, areas delineated as wetlands, areas within utility easements or rights-of-way and/or areas with a slope of 20% or greater.
[Amended 9-29-2005 by Ord. No. 2005-12]
(3)
The proposed residential lots and dwelling units within the residential cluster development shall not have direct access to an existing public street.
(4)
No more than four residential dwelling units shall be permitted around the circumference of any cul-de-sac bulb or turnaround.
(5)
No more than two segments with 200 combined linear feet of road surface, as measured along the center line of the road(s) within the residential cluster development, shall be constructed in areas of very steep slopes.
[Amended 9-29-2005 by Ord. No. 2005-12]
(6)
An environmental impact assessment (EIA) report shall be conducted in accordance with the procedures and requirements specified by this Code and shall be submitted with the conditional use application.
(7)
A traffic impact study shall be conducted in accordance with the provisions of the Caln Township Code in order to assess transportation conditions and needs. The traffic impact study shall be submitted with the conditional use application.
(8)
The applicant shall be responsible for designing, permitting and constructing at its expense all of the necessary on-site improvements that are required by the Caln Township Code to accommodate the proposed cluster development.
(9)
In addition to the interior parking spaces within garages, each single-family detached residential lot within the cluster development shall provide a minimum of two off-street parking spaces contiguous to the garage and located no closer than five feet to the side lot line. The proposed off-street parking spaces shall not exceed a grade of 5%.
(10)
A minimum of 2.5 off-street parking spaces shall be provided for each single-family semidetached unit and/or townhouse unit within the residential cluster development. If interior garages are proposed, each single-family semidetached lot and/or townhouse unit shall provide a minimum of one off-street parking space that is contiguous to the garage, plus 0.5 parking space per single-family semidetached unit or townhouse unit reserved for off-street overflow parking within the residential cluster development. Additional off-street parking spaces may be contiguous to a garage or located within the road right-of-way, provided such additional parking spaces are outside the required cartway width of the road and designed to be perpendicular to the cartway. The proposed off-street parking spaces shall not exceed a grade of 5%.
F.
The residential cluster development shall be designed in accordance with following architectural, landscaping and exterior enhancement standards:
(1)
The residential cluster development shall be designed with regard to the topographic and natural features of the site. The purpose of this provision is to insure that the natural features of the development are preserved and protected to the extent that it is not necessary to disturb the site in order to implement the conditional use plan utilizing the objective criteria and standards of Chapters 155 and 137 relating to the proposed housing types, street locations and required infrastructure and their intended location within the site.
(2)
The applicant shall consider the effects of seasonal temperatures, hours of sunlight, prevailing winds from adjacent land uses and/or consequences from existing zoning districts that could create adverse impacts associated with weather, noise and/or odor. As part of the conditional use application, the applicant should comply with the following criteria:
(a)
The applicant should incorporate measures such as landscaping, buffering and screening to buffer existing land uses that may be construed as a nuisance due to noise or odor. As part of this requirement, the applicant should conduct an existing land use survey and zoning analysis to determine the extent to which such protective measures are appropriate.
(b)
The applicant shall consider seasonal temperatures and hours of sunlight in the physical layout and design of the proposed streets within the cluster development. As part of the conditional use application, the applicant shall demonstrate that all proposed roads servicing the residential units within the cluster development shall be designed strictly in accordance with the standards specified under Chapter 137 of the Code. Design waivers concerning the internal street system shall only be considered where the applicant identifies protective measures designed to avoid traffic hazards to the general public and if those measures are endorsed by the Caln Township Engineer
(3)
A preliminary grading plan shall be developed to identify the limits of disturbance for all municipal site improvements within the cluster development, depicting the proposed location thereof in relation to lakes, ponds, streams, floodplains, wetlands, tree masses and hedgerows. Design components shall be implemented to minimize extensive earthmoving, utilizing typical planning and engineering practices.
(4)
The applicant shall give special attention to the main entrance(s) to the residential cluster development. The use of lighting, water and/or landscaping products in conjunction with a boulevard street design shall be provided and considered as a prominent feature of the residential cluster development. A boulevard entrance shall be required unless otherwise approved by the Board of Commissioners as part of the conditional use application.
(5)
A landscaping plan shall be submitted to Caln Township for consideration as part of the conditional use application. Unless otherwise permitted by the Board of Commissioners as part of the conditional use application, the applicant shall provide three new trees per residential unit within the residential cluster development. The trees should be a minimum caliper of three inches in caliper and shall be planted either as street trees, as part of the buffer yard or within the areas designated as common open space.
(6)
The residential cluster development shall provide a twenty-five-foot-wide buffer yard and planting screen along the property lines at the perimeter of the development tract to enhance the privacy of the adjacent property owners. The design of the landscape and planting screen shall be subject to the reasonable approval of the Board of Commissioners. The use of existing mature trees (six inches in caliper, as measured four feet from the ground) is encouraged and may be utilized as part of the required buffer yard.
(7)
The residential units within the cluster development should be designed with a village atmosphere with unique or enhanced architectural value, including utilizing natural building products for the building face (brick, stone or masonry products) and rooflines (mansards, gables or hip roof designs).
(8)
Exterior storage areas for trash and rubbish shall be completely screened from view on three sides by fencing and landscaping. All trash and rubbish shall be contained in verminproof containers.
(9)
The residential cluster development shall be designed to preserve and incorporate scenic, natural, historical and cultural features. As part of the conditional use application, the applicant shall comply with the following design requirements:
(a)
The conditional use plan shall incorporate, locate and identify within the development scenic vista points, which will remain after construction of the proposed residential dwellings, other permitted uses and related site improvements, and which will provide visual amenities to the development. Vista points may include unobstructed views looking into the development from adjacent public roads and unobstructed views within the development, each incorporating open space and/or other preserved natural features. The number of vistas shall be dependent upon the final design of the development, the tract size and natural land features and shall be subject to the reasonable discretion of the Board based upon those factors, provided, approval shall not be withheld if the development meets the applicable objective criteria of this chapter and Chapter 137 of the Code and provision is made for a reasonable number of scenic vistas within the development based upon the foregoing factors.
(b)
The applicant shall develop a plan to enhance each selected vista point by means of improving accessibility; creating pulpits or overlook points; providing pedestrian trails within common open space areas; establishing linkages to other recreation facilities or cultural resources within the common open space areas; integrating and improving historical structures; and/or creating protective habitats for environmentally sensitive areas. The design of enhancements to the vista points shall be determined by the applicant and shall be subject to the approval of the Board of Commissioners.
G.
The design of the land or water areas which are to be designated as common open space shall comply with the following standards and specifications:
(1)
A minimum of 50% of the gross area of the development tract shall be set aside as common open space.
(2)
No more than 50% of the common open space shall be located on lands within areas that are located within the one-hundred-year floodplain, areas delineated as wetlands and/or areas with a slope of 20% or greater.
[Amended 9-29-2005 by Ord. No. 2005-12]
(3)
No more than 50% of the common open space shall include land areas that are burdened by or are proposed to contain utilities easements and/or stormwater management facilities, as further described under Caln Township Code.
(4)
The common open space shall be planned and located as a contiguous accessible area within the development. Existing and/or proposed roads may bisect the areas designated as common open space, provided a crosswalk at grade is safely designed to link the common open space areas. Planned linkages to other common open space areas within other adjacent residential developments shall be considered by the applicant as part of the conditional use application.
(5)
Significant natural features shall be incorporated into the overall schematic of the design as common open space areas whenever possible.
(6)
A system for pedestrian circulation throughout the development shall be provided by utilizing sidewalks and trails.
(7)
The total land area designated to comply with the minimum open space requirements shall be comprised of areas not less than 50 feet in width and shall not contain less than one contiguous acre of land. In addition, there shall be at least one designated common area that is contiguous within the residential cluster developments containing no less than 25% of the required open space.
(8)
For all common open spaces, satisfactory written agreements approved by the Board of Commissioners shall be executed as a declaration of easements, covenants and restrictions in perpetuity for the preservation of the common open spaces and shall be recorded with the final plan.
(9)
The applicant shall make arrangements, provisions and/or agreements to insure that the common open space shall continue to be adequately managed and maintained. The applicant shall have the following options for ownership, management and maintenance of the common open space:
(a)
Dedicate the land encompassing the common open space to a homeowners' association which is comprised of all the residents of the development; or
(b)
Dedicate the land encompassing the common open space to Caln Township, who shall have the option to accept or refuse the land offered for dedication
(10)
The land areas designated as common open space shall be subject to the approval of the Board of Commissioners.
(11)
The provisions specified herein for common open space do not relieve the applicant of other requirements for open space and recreation, as specified with the Caln Township Code, with which the applicant shall comply.
§ 155-57 Age qualified or continuing care retirement community.
A.
The purpose of this section of the Code is to provide development and design standards for age qualified or continuing care retirement communities containing single-family detached or townhouse residential units. The objectives of these provisions are outlined as follows:
(1)
To provide an optional approach for senior housing and community development with provisions to permit more efficient utilization of land and of community facilities and services.
(2)
To encourage innovative residential land development that will conserve open space and protect environmentally sensitive areas.
(3)
To efficiently utilize the remaining undeveloped land area within Caln Township, while providing additional housing opportunities for persons over 55 years of age.
(4)
To implement the recommendations concerning natural features, conservation management, utilities, transportation, housing and land use, as outlined within the Comprehensive Plan.
B.
Age qualified or continuing care retirement communities containing residential lots or units, as permitted under this section and further defined under Article II of this chapter, are permitted by conditional use within the R-1, R-2 and R-3 Zoning Districts. Age qualified or continuing care retirement communities are also permitted as previously approved by Caln Township within the R-5 Zoning District
C.
All age qualified or continuing care retirement communities shall be designed in accordance with the following general design and eligibility requirements:
(1)
The minimum amount of land in the development shall be 25 contiguous acres. “Contiguous land area” shall be defined as a parcel of land that is owned under a single deed or parcels of land that are owned under multiple deeds, provided that the parcels of land are contiguous to each other having common deed boundaries and are not physically separated by parcels of land owned by other individuals or parties. The Board of Commissioners shall consider contiguous parcels of land that are physically separated by existing public roads, utility easements or rights-of way, streams and/or other natural features, provided that the applicant demonstrate that the single-family residential age qualified or continuing care retirement community can be harmoniously designed.
(2)
All of the uses contained within the development shall be served by public sanitary sewage disposal facilities. As part of the conditional use application, the applicant shall provide evidence that there are sufficient capacities to service the development in accordance with the terms specified on all pertinent municipal agreements.
(3)
All of the uses contained within the development shall be served by public water supply facilities. As part of the conditional use application, the applicant shall provide evidence that there are sufficient capacities to service the development in accordance with the terms specified on all pertinent municipal agreements.
(4)
A minimum of 50% of the gross area of the age qualified or continuing care retirement community shall be set aside as common open space. The area designated as common open space shall comply with all provisions of this section of the Code. Where conflicts exist, the provisions of this section shall apply.
(5)
The maximum permitted base residential density for age qualified or continuing care retirement communities containing single-family detached residential units shall be as follows:
(a)
One and 3/4 dwelling units per gross acre within the R-1 Zoning District.
(b)
Two dwelling units per gross acre within the R-2 Zoning District.
(c)
Two and 1/4 dwelling units per gross acre within the R-3 Zoning District.
(d)
For preexisting planned residential communities within the R-5 Zoning District, the residential density shall not exceed the maximum residential density specified on the approved plan.
D.
The following land uses shall be permitted uses within an age qualified or continuing care retirement community:
(1)
Single family detached residential uses within the R-1, R-2 and R-3 Zoning Districts, subject to the following minimum and maximum development requirements:
(a)
The minimum net lot area for each individual residential lot shall be 8,000 net square feet.
(b)
The minimum lot width for each individual residential lot shall be 80 feet.
(c)
The minimum front yard setback shall be 30 feet.
(d)
The minimum side yard setback shall be 10 feet, as measured on each side.
(e)
The minimum rear yard setback shall be 30 feet.
(f)
The maximum building height shall be 35 feet.
(g)
The maximum building coverage shall be 40% for each lot.
(h)
The maximum lot coverage shall be 60% for each lot.
(i)
All proposed single-family detached residential units within the development shall be located at least 50 feet from any property line or property which is not owned by the applicant in predevelopment conditions
(2)
Townhouse units within the R-3 Zoning District, subject to the following minimum and maximum development requirements:
(a)
The minimum width of a townhouse unit shall be 24 feet.
(b)
The building setback line shall be 30 feet.
(c)
The minimum building separation from other groups of townhouse units within the development shall be as follows: the separation shall be 40 feet when the townhouse unit groups are side to side; the separation shall be 50 feet when the townhouse unit groups are side to rear; and the separation shall be 60 feet when the townhouse unit groups are rear to rear.
(d)
All townhouse units within the development shall be located at least 50 feet from any property line or property which is not owned by the applicant in predevelopment conditions.
(e)
The maximum number of townhouse units within an aged qualified or continuing care retirement community shall not exceed 50% of the total number of residential units within the overall development.
(f)
The number of townhouse units, attached in a common row, shall not exceed eight attached townhouse units, provided that the front building lines or facades of any two adjoining townhouse units are offset by a minimum of two feet.
(g)
The maximum height of a townhouse unit shall be 35 feet.
(h)
No more than 40% of the designated area for the townhouse units shall be covered by buildings.
(i)
No more than 60% of the designated area for the townhouse units shall be covered by impervious surfaces.
(3)
Office space consisting of no more than 5,000 square feet and utilized for the purposes of conducting customary business, sales, meetings and/or maintenance which are directly associated with the age qualified or continuing care retirement community and which are owned and operated by the developer or homeowners' association.
(4)
Indoor recreation and/or community center consisting of no more than 10,000 square feet and utilized exclusively by the residents of the age qualified or continuing care retirement community.
(5)
Active and passive recreation uses conducted on the areas designated as common open space, as per the requirements specified by this section as well as those specified under § 155-90 of this Code.
(6)
Municipal uses.
(7)
No-impact home-based business or occupation.
(8)
Accessory buildings, structures and uses.
E.
The age qualified or continuing care retirement community shall be designed in accordance with the following planning and engineering considerations:
(1)
All land and water areas that are not utilized for lots, streets, utilities or other permitted uses within the age qualified or continuing care retirement community shall be set aside and maintained as common open space.
(2)
The minimum lot area required for each residential use shall not include land areas that are classified as being within the one-hundred-year floodplain, areas delineated as wetlands, areas within utility easements or rights-of-way and/or areas with a slope of 20% or greater.
[Amended 9-29-2005 by Ord. No. 2005-13]
(3)
The proposed residential lots and dwelling units within the age qualified or continuing care retirement community shall not have direct access to an existing public street.
(4)
Unless otherwise permitted by the Board of Commissioners as part of the conditional use application, no more than four residential dwelling units shall be permitted around the circumference of any cul-de-sac bulb or turnaround.
(5)
An environmental impact assessment (EIA) report shall be conducted in accordance with the procedures and requirements specified by this Code and shall be submitted with the conditional use application.
(6)
A traffic impact study shall be conducted in accordance with the provisions of the Caln Township Code in order to assess transportation conditions and needs. The traffic impact study shall be submitted with the conditional use application.
(7)
The applicant shall be responsible for designing, permitting and constructing at its expense all of the necessary on-site improvements that are required by the Caln Township Code to accommodate the proposed age qualified or continuing care retirement community.
(8)
In addition to the interior parking spaces within garages, each residential lot or unit within the age qualified or continuing care retirement community shall provide a minimum of two off-street parking spaces contiguous to the garage and located no closer than five feet to the side lot line. The proposed off-street parking space shall not exceed a grade of 5%.
F.
The age qualified or continuing care retirement community shall be designed in accordance with following architectural, landscaping and exterior enhancement standards:
(1)
The age qualified or continuing care retirement community shall be designed with regard to the topographic and natural features of the site. The purpose of this provision is to insure that the natural features of the development are preserved and protected to the extent that it is not necessary to disturb the site in order to implement the conditional use plan utilizing the objective criteria and standards of Chapters 155 and 137 relating to the proposed housing types, street locations and required infrastructure and their intended location within the site.
(2)
The applicant shall consider the effects of seasonal temperatures, hours of sunlight, prevailing winds from adjacent land uses and/or consequences from existing zoning districts that could create adverse impacts associated with weather, noise and/or odor. As part of the conditional use application, the applicant should comply with the following criteria:
(a)
The applicant should incorporate measures such as landscaping, buffering and screening to buffer existing land uses that may be construed as a nuisance due to noise or odor. As part of this requirement, the applicant should conduct an existing land use survey and zoning analysis to determine the extent to which such protective measures are appropriate.
(b)
The applicant shall consider seasonal temperatures and hours of sunlight in the physical layout and design of the proposed streets within the age qualified or continuing care retirement community. As part of the conditional use application, the applicant shall demonstrate that all proposed roads servicing the residential units within the age qualified or continuing care retirement community shall be designed strictly in accordance with the standards specified under Chapter 137 of the Code. Design waivers concerning the internal street system shall only be considered where the applicant identifies protective measures designed to avoid traffic hazards to the general public and if those measures are endorsed by the Caln Township Engineer
(3)
A preliminary grading plan shall be developed to identify the limits of disturbance for all municipal site improvements within the age qualified or continuing care retirement community, depicting the proposed location thereof in relation to lakes, ponds, streams, floodplains, wetlands, tree masses and hedgerows. Design components shall be implemented to minimize extensive earthmoving, utilizing typical planning and engineering practices.
(4)
The applicant shall give special attention to the main entrance(s) to the age qualified or continuing care retirement community. The use of lighting, water and/or landscaping products in conjunction with a boulevard street design shall be provided and considered as a prominent feature of the age qualified or continuing care retirement community. A boulevard entrance shall be required unless otherwise approved by the Board of Commissioners as part of the conditional use application.
(5)
A landscaping plan shall be submitted to Caln Township for consideration as part of the conditional use application. Unless otherwise permitted by the Board of Commissioners as part of the conditional use application, the applicant shall provide three new trees per residential unit within the age qualified or continuing care retirement community. The trees should be a minimum caliper of three inches in caliper and shall be planted either as street trees, as part of the buffer yard or within the areas designated as common open space.
(6)
The age qualified or continuing care retirement community shall provide a twenty-five-foot-wide buffer yard and planting screen along the property lines at the perimeter of the development tract to enhance the privacy of the adjacent property owners. The design of the landscape and planting screen shall be subject to the reasonable approval of the Board of Commissioners. The use of existing mature trees (six inches in caliper, as measured four feet from the ground) is encouraged and may be utilized as part of the required buffer yard.
(7)
The residential units within the age qualified or continuing care retirement community should be designed with a village atmosphere with unique or enhanced architectural value, including utilizing natural building products for the building face (brick, stone or masonry products) and rooflines (mansards, gables or hip roof designs).
(8)
Exterior storage areas for trash and rubbish shall be completely screened from view on three sides by fencing and landscaping. All trash and rubbish shall be contained in verminproof containers.
(9)
The age qualified or continuing care retirement community shall be designed to preserve and incorporate scenic, natural, historical and cultural features. As part of the conditional use application, the applicant shall comply with the following design requirements:
(a)
The conditional use plan shall incorporate, locate and identify within the development scenic vista points, which will remain after construction of the proposed residential dwellings, other permitted uses and related site improvements, and which will provide visual amenities to the development. Vista points may include unobstructed views looking into the development from adjacent public roads and unobstructed views within the development, each incorporating open space and/or other preserved natural features. The number of vistas shall be dependent upon the final design of the development, the tract size and natural land features and shall be subject to the reasonable discretion of the Board based upon those factors, provided approval shall not be withheld if the development meets the applicable objective criteria of this chapter and Chapter 137 of the Code and provision is made for a reasonable number of scenic vistas within the development based upon the foregoing factors.
(b)
The applicant shall develop a plan to enhance each selected vista point by means of improving accessibility; creating pulpits or overlook points; providing pedestrian trails within common open space areas; establishing linkages to other recreation facilities or cultural resources within the common open space areas; integrating and improving historical structures; and/or creating protective habitats for environmentally sensitive areas. The design of enhancements to the vista points shall be determined by the applicant and shall be subject to the approval of the Board of Commissioners.
G.
The design of the land or water areas which are to be designated as common open space shall comply with the following standards and specifications:
(1)
A minimum of 50% of the gross area of the development tract shall be set aside as common open space.
(2)
No more than 50% of the common open space shall be located on lands within areas that are located within the one-hundred-year floodplain, areas delineated as wetlands and/or areas with a slope of 20% or greater.
[Amended 9-29-2005 by Ord. No. 2005-12]
(3)
No more than 50% of the common open space shall include land areas that are burdened by or are proposed to contain utilities easements and/or stormwater management facilities, as further described under Caln Township Code.
(4)
The common open space shall be planned and located as a contiguous accessible area within the development. Existing and/or proposed roads may bisect the areas designated as common open space, provided a crosswalk at grade is safely designed to link the common open space areas. Planned linkages to other common open space areas within other adjacent residential developments shall be considered by the applicant as part of the conditional use application.
(5)
Significant natural features shall be incorporated into the overall schematic of the design as common open space areas whenever possible.
(6)
A system for pedestrian circulation throughout the development shall be provided by utilizing sidewalks and trails.
(7)
The total land area designated to comply with the minimum open space requirements shall be comprised of areas not less than 50 feet in width and shall not contain less than one contiguous acre of land. In addition, there shall be at least one designated common area that is contiguous within the age qualified or continuing care retirement community containing no less than 25% of the required open space.
(8)
For all common open spaces, satisfactory written agreements approved by the Board of Commissioners shall be executed as a declaration of easements, covenants and restrictions in perpetuity for the preservation of the common open spaces and shall be recorded with the final plan.
(9)
The applicant shall make arrangements, provisions and/or agreements to insure that the common open space shall continue to be adequately managed and maintained. The applicant shall have the following options for ownership, management and maintenance of the common open space:
(a)
Dedicate the land encompassing the common open space to a homeowners' association which is comprised of all the residents of the development; or
(b)
Dedicate the land encompassing the common open space to Caln Township, who shall have the option to accept or refuse the land offered for dedication
(10)
The land areas designated as common open space shall be subject to the approval of the Board of Commissioners.
(11)
The provisions specified herein for common open space do not relieve the applicant of other requirements for open space and recreation, as specified with the Caln Township Code, with which the applicant shall comply.
§ 155-58 Group homes.
[Amended 7-25-2013 by Ord. No. 2013-05]
A.
Group homes are permitted by right in the R-1, R-2, R-3, R-4 and R-5 Districts subject to compliance with the criteria in this § 155-58.
B.
A group home consists of a maximum of four unrelated persons occupying a dwelling unit if said occupants are handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988. Such unrelated individuals shall have the right to occupy a dwelling unit in the same manner and to the same extent as any family as defined in this chapter.
C.
In any case where an applicant seeking a zoning permit for a group home requests a reasonable accommodation pursuant to the provisions of the Federal Fair Housing Act, a written application shall be filed with the Zoning Officer who is hereby empowered to grant such accommodation subject to the provisions of the Federal Fair Housing Act.
§ 155-59 Convalescent homes and nursing homes.
A.
Convalescent homes, nursing homes, rehabilitation centers, assisted living care facilities and/or personal care facilities, as defined under Article II of this chapter, are permitted by conditional use within the R-2, R-3, R-4, TV-1, C-1 and C-2 Zoning Districts.
B.
Unless otherwise specified by this Code, all convalescent homes, nursing homes, rehabilitation centers, assisted living care facilities and/or personal care facilities shall be located on approved lots which comply with the minimum and maximum dimensional requirements as well as the utility provisions, which are further specified by the appropriate zoning district to which the group institution is located.
C.
All convalescent homes, nursing homes, rehabilitation centers, assisted living care facilities and/or personal care facilities shall be designed in accordance with the following general standards and requirements:
(1)
The facility shall be licensed or sanctioned by the Commonwealth of Pennsylvania.
(2)
The facility is operated by a qualified staff consisting of licensed physicians, psychologists, counselors, social workers, nurses and/or therapists who are available to serve the special needs of the residents or patients who reside at the facility.
(3)
The owner or sponsoring agency of the facility shall provide documentation to the Zoning Officer and Code Enforcement Officer that all building, fire, plumbing, heating, electrical and similar facilities meet the standards established by the Caln Township Code and by the Commonwealth of Pennsylvania.
(4)
At least one supervisor at the facility shall be on call 24 hours per day, seven days per week.
(5)
The facility shall provide suitable areas for off-street parking spaces, loading spaces, fire lanes and emergency vehicles.
(6)
Where appropriate, a twenty-five-foot-wide buffer yard and planting screen along the property lines at the perimeter of the facility to enhance the privacy of the adjacent property owners. The design of the landscape and planting screen shall be subject to the reasonable approval of the Board of Commissioners.
(7)
Active and passive recreation facilities may be permitted, provided that the uses are considered subordinate to the principal use.
(8)
An emergency management plan must be developed in the event of a catastrophic event resulting from flooding, fire, snow, ice, earthquake, utility outage or other catastrophic event. The emergency management plan should be submitted to the Caln Township Emergency Management Coordinator for review and consideration prior to the issuance of the use and occupancy permit. The owner of the facility shall provide a copy of the emergency management plan to the tenants of the convalescent home, nursing home, rehabilitation centers, assisted living care facility and/or personal care facility.
D.
As part of the conditional use application, the Board of Commissioners may impose other requirements deemed necessary or appropriate.
E.
Where required to comply with the provisions of the Caln Township Code, a subdivision plan and/or land development plan shall be submitted to Caln Township for review and consideration prior to the issuance of a building permit for the convalescent home, nursing home, rehabilitation center, assisted living care facility and/or personal care facility. The subdivision or land development plan shall be prepared to comply with the appropriate provisions of Chapters 137 and 155.
F.
All convalescent homes, nursing homes, rehabilitation centers, assisted living care facilities and/or personal care facilities shall be subject to an annual inspection by the Caln Township Zoning Officer and Code Enforcement Officer.
§ 155-60 Tourist, bed-and-breakfast, rooming or boarding house.
A.
Tourist, bed-and-breakfast, rooming or boarding houses, as defined under Article II of this chapter, are permitted by special exception within the R-1, R-2 and TV-1 Zoning Districts.
B.
All tourist or bed-and-breakfast establishments shall be designed in accordance with the following general design requirements:
(1)
A tourist or bed-and-breakfast establishment shall be contained within a single-family detached, owner-occupied dwelling unit. The principal use shall remain that of a single-family detached residential dwelling unit.
(2)
Unless otherwise specified by this Code, all tourist or bed-and-breakfast establishments shall be located on approved lots which comply with the minimum and maximum dimensional requirements as well as the utility provisions, which are further specified by the appropriate zoning district to which the tourist or bed-and-breakfast establishment is located.
(3)
The owner of the rooming or boarding house shall be a permanent resident of the establishment.
(4)
A tourist or bed-and-breakfast establishments shall not have more than five rental units and shall not house more than 10 guests.
(5)
The principal residential use or single-family dwelling shall contain complete sanitary sewage disposal services, washing and bathing facilities and a central kitchen with complete cooking facilities to accommodate the occupants plus all of the guests. No cooking facilities of any kind shall be permitted in any rental units.
(6)
The applicant shall provide documentation to the Zoning Hearing Board, Zoning Officer and Code Enforcement Officer that all plumbing, heating, electrical, sanitary sewage disposal, water supply, storm sewer and similar facilities comply with all applicable ordinances, regulations and laws of Caln Township, Chester County and/or the Commonwealth of Pennsylvania.
(7)
Meals shall only be offered only to registered overnight guests.
(8)
A minimum of one off-street parking space shall be required for each permanent occupant of the house, plus one space for each of the rental units. The proposed off-street parking spaces shall be located at least 25 feet from all property lines and shall comply with the design requirements specified by this Code. The off-street parking spaces shall be screened from the roadways and other adjacent properties with suitable landscaping materials.
(9)
All external amenities provided for the guests, including swimming pools, whirlpool spas, tennis courts, gazebos, entertainment areas and other common facilities shall be located at least 50 feet from all property lines.
(10)
Nonresident employees shall be limited to two employees.
(11)
A single decorative on-site sign, measuring four square feet per side, shall be permitted for the rooming or boarding house establishment. The proposed sign shall be subject to all other requirements specified by the Code.
(12)
An emergency management plan must be developed in the event of a catastrophic event resulting from flooding, fire, snow, ice, earthquake, utility outage or other catastrophic event. The emergency management plan should be submitted to the Caln Township Emergency Management Coordinator for review and consideration prior to the issuance of the use and occupancy permit. The resident owner shall provide a copy of the emergency management plan in each rental unit as well as the front desk.
(13)
The resident owner shall maintain a guest register list which shall include the names, addresses and length of stay of all guests.
(14)
The length of stay for any guest at a rooming or boarding house establishment shall not exceed 10 consecutive days.
C.
All rooming or boarding house establishments shall be designed in accordance with the following general design requirements:
(1)
A rooming or boarding house establishments shall be contained within a single-family detached, owner-occupied dwelling unit. The principal use shall remain that of a single-family detached residential dwelling unit.
(2)
Unless otherwise specified by this Code, all rooming or boarding house establishments shall be located on approved lots which comply with the minimum and maximum dimensional requirements as well as the utility provisions, which are further specified by the appropriate zoning district to which the rooming or boarding house establishments is located.
(3)
The owner of the rooming or boarding house shall be a permanent resident of the establishment.
(4)
The minimum land area required to facilitate rooming or boarding house shall be equal or exceed the provisions for a single-family dwelling unit for the zoning district to which the use is located.
(5)
A rooming or boarding house establishment shall not have more than four rental units and shall not house more than five unrelated occupants.
(6)
The principal residential use or single-family dwelling shall contain complete sanitary sewage disposal services, washing and bathing facilities and a central kitchen with complete cooking facilities to accommodate the occupants. No cooking facilities of any kind shall be permitted in any rental units.
(7)
The applicant shall provide documentation to the Zoning Hearing Board, Zoning Officer and Code Enforcement Officer that all plumbing, heating, electrical, sanitary sewage disposal, water supply, storm sewer and similar facilities comply with all applicable ordinances, regulations and laws of Caln Township, Chester County and/or the Commonwealth of Pennsylvania.
(8)
A minimum of two off-street parking spaces shall be required for the single-family dwelling, plus one space for each of the rental units. The proposed off-street parking spaces shall comply with the design requirements specified by this Code.
(9)
No signs shall be permitted to advertise or identify the location of a rooming or boarding house.
(10)
The resident owner shall maintain a guest register list which shall include the names, addresses and length of stay of all guests.
D.
All tourist, bed-and-breakfast, rooming or boarding houses shall be subject to an annual inspection by the Caln Township Zoning Officer and/or Code Enforcement Officer.
§ 155-61 Mobile home parks.
A.
Mobile home parks, as defined under Article II of this chapter, are permitted by special exception within the I-1 Zoning District.
B.
All mobile home parks shall be designed in accordance with the following design and eligibility requirements:
(1)
The mobile home park shall consist of a minimum contiguous land area of 20 acres. “Contiguous land area” shall be defined as a parcel of land that is owned under a single deed or parcels of land that are owned under multiple deeds, provided that the parcels of land are contiguous to each other having common deed boundaries and are not physically separated by parcels of land owned by other individuals or parties. The Zoning Hearing Board shall consider parcels of land that are physically separated by existing public roads, utility easements or rights-of way, streams and/or other natural features, provided that the applicant demonstrates that the mobile home park can be harmoniously designed.
(2)
The mobile home park shall be served by public sewage disposal and water supply facilities.
(3)
A minimum of 40% of the land area within the mobile home park shall be set aside as common open space. The location, character, management and utilization of the common open space shall comply with all applicable specifications concerning open space.
(4)
The mobile home park shall be designed with regard to the topographic and natural features of the site. All natural features (lakes, streams, topsoil, knolls, basins, trees and shrubs) should be preserved and incorporated into the final landscaping whenever possible. The finished topography shall adequately facilitate the mobile home park without excessive earthmoving and neglect for the natural amenities.
(5)
The mobile home park shall not exceed eight dwelling units per gross acre.
C.
The mobile homes located within the mobile home park shall be located on individual lots or lease areas and shall be designed to comply with the following dimensional requirements:
(1)
The minimum net lot area or net lease area for each individual mobile home shall be 2,500 square feet.
(2)
The minimum lot width for each individual mobile home lot or lease area shall be 40 feet.
(3)
The minimum front yard setback shall be 20 feet.
(4)
The minimum side yard setback shall be 10 feet, as measured on each side.
(5)
The minimum rear yard setback shall be 20 feet.
(6)
The maximum lot coverage shall be 70% for each lot or lease area.
(7)
All proposed mobile homes within the mobile home park shall be located at least 50 feet from any property line or property which is not owned by the applicant in predevelopment conditions.
(8)
No structure shall be constructed on or within 50 feet of any features designated as part of the Conservation Overlay Districts identified under Article V of this chapter.
(9)
No more than one mobile home shall be placed on a mobile home lot or lease area, and such mobile home shall be occupied by not more than one single family.
(10)
Unless otherwise specified by this Code, the minimum separation distance for mobile homes shall be 20 feet.
D.
All mobile home parks shall be subject to the following development and procedural requirements:
(1)
The mobile home park shall provide an evergreen planting screen at least 20 feet in depth along the property line at the periphery of the development to protect the privacy of adjacent residents.
(2)
Unless otherwise specified by this Code, no part of the mobile home park shall be used to accommodate other than the uses permitted under this section.
(3)
There shall be at least one street within the mobile home park which serves as an internal collector street from which minor streets shall turn out so as to provide direct access to each mobile home lot or lease area. All streets shall be designed and constructed to comply with all pertinent specification adopted by Caln Township.
(4)
All entrances shall conform to the standards of the Pennsylvania Department of Transportation and Caln Township. A traffic impact study should be prepared to assess the needs for on-site and off-site traffic improvements which may be required to facilitate the mobile home park. The traffic impact study shall be submitted to Caln Township for review and consideration as part of the overall development plan.
(5)
A minimum of two off-street parking spaces measuring 10 feet by 20 feet shall be provided for each mobile home lot or lease area. A common off-street parking area may be designed to accommodate the required off-street parking requirements and/or to provide additional spaces for overflow parking spaces. No on-street parking shall be permitted within the mobile home park.
(6)
Each mobile home space shall be provided with a hard surfaced mobile home stand providing a foundation wall and/or footing that will not heave, shift, settle or move due to frost action, inadequate drainage, vibration or other forces acting on the superstructure.
(7)
All mobile homes shall be located, erected and anchored in accordance with all applicable standards and provisions specified in the Caln Township Code and/or the manufacturers specifications.
(8)
Each mobile home stand shall be equipped with utility connections. For reasons of safety, the space between the mobile home stand and the mobile home floor shall be permanently enclosed to prevent unauthorized entry and to conceal all supports and utility connections. Each stand shall be located at such elevation, distance and angle in relation to the access street and mobile home accessory that the placement and removal of the mobile home is practical.
(9)
The area between the ground level and the perimeter of the mobile home shall be enclosed by means of a suitable skirting.
(10)
Every mobile home and open space areas shall have access to an improved street within the mobile home park in accordance with Chapter 137 of the Caln Township Code.
(11)
A subdivision and land development plan shall be submitted to Caln Township for review and consideration.
(12)
Unless otherwise required by the utility provider, all public utility services shall be underground within the mobile home park.
(13)
Exterior storage areas for refuse stations shall be properly screened from the view of all mobile homes within the mobile home park and from adjacent property owners. All containers shall be airtight, verminproof and have adequate storage capacity to accommodate the projected volumes of solid waste. The mobile home park shall have a solid waste management plan.
(14)
All mobile home parks containing 25 or more mobile homes shall employ the services of a qualified manager. The manager shall reside at the mobile home park and shall be responsible for the operation and maintenance of the park.
(15)
The owner or manager of the mobile home park shall provide Caln Township with a list of tenants who reside within the mobile home park. Any change in tenancy shall be reported to the Township within two weeks. The Caln Township Zoning Officer and Code Enforcement Officer shall have the right to inspect the mobile home park to determine if compliance with all provisions of the Code are in order.
E.
The design of the land or water areas which are to be designated as common open space shall comply with the following standards and specifications:
(1)
A minimum of 40% of the gross area of the mobile home park shall be set aside as common open space.
(2)
No more than 50% of the common open space shall be located on lands within areas that are located within the one-hundred-year floodplain, areas delineated as wetlands and/or areas with a slope of 20% or greater.
[Amended 9-29-2005 by Ord. No. 2005-12]
(3)
No more than 50% of the common open space shall include land areas that are burdened by or are proposed to contain utilities easements and/or stormwater management facilities, as further described under Caln Township Code.
(4)
The common open space shall be planned and located as a contiguous accessible area within the mobile home park. Existing and/or proposed roads may bisect the areas designated as common open space, provided a crosswalk at grade is safely designed to link the common open space areas. Planned linkages to other common open space areas within other adjacent residential developments shall be considered by the applicant as part of the conditional use application.
(5)
Significant natural features shall be incorporated into the overall schematic of the design as common open space areas whenever possible.
(6)
A system for pedestrian circulation throughout the development shall be provided by utilizing sidewalks and trails.
(7)
The total land area designated to comply with the minimum open space requirements shall be comprised of areas not less than 50 feet in width and shall not contain less than one contiguous acre of land. In addition, there shall be at least one designated common area that is contiguous within the mobile home park containing no less than 25% of the required open space.
(8)
For all common open spaces, satisfactory written agreements approved by the Board of Commissioners shall be executed as a declaration of easements, covenants and restrictions in perpetuity for the preservation of the common open spaces and shall be recorded with the final plan.
(9)
The applicant shall make arrangements, provisions and/or agreements to insure that the common open space shall continue to be adequately managed and maintained. The applicant shall have the following options for ownership, management and maintenance of the common open space:
(a)
Retain ownership of the land encompassing the common open space areas;
(b)
Dedicate the land encompassing the common open space to a homeowners' association which is comprised of all the residents of the development; or
(c)
Dedicate the land encompassing the common open space to Caln Township, who shall have the option to accept or refuse the land offered for dedication
(10)
The provisions specified herein for common open space do not relieve the applicant of other requirements for open space and recreation, as specified within the Code, with which the applicant shall comply.
F.
In addition to the permitted mobile homes, the proposed mobile home park may contain the following nonresidential uses, provided they are considered as part of the special exception application:
(1)
Office space consisting of no more than 5,000 square feet and utilized for the purposes of conducting customary business, management, sales, meetings, laundry facilities, storage and/or maintenance which are directly associated with the mobile home park.
(2)
Indoor recreation and/or community center consisting of no more than 10,000 square feet and utilized exclusively by the residents of the mobile home park.
(3)
Active and passive recreation uses conducted on the areas designated as common open space.
§ 155-62 (Reserved) [1]
[1]
Editor's Note: Former § 155-62, Mixed-use commercial and residential uses, was repealed 10-10-2013 by Ord. No. 2013-07.
§ 155-63 Senior independent living facilities.
[Added 8-30-2012 by Ord. No. 2012-04]
A.
The following minimum and maximum dimensional requirements shall apply to all senior independent living facilities:
(1)
The minimum lot width shall be 50 feet at the street line and 250 feet at or beyond the building setback line.
(2)
The front yard setback shall be a minimum of 30 feet, as measured from the ultimate right-of-way line.
(3)
The side yard setback shall be a minimum of 30 feet for each side.
(4)
The rear yard setback shall be a minimum of 30 feet.
(5)
The building shall be located at least 50 feet from an existing lot containing an existing residential use.
(6)
The maximum height of the buildings shall be 50 feet.
(7)
The maximum building coverage shall be 25% of the gross lot area.
(8)
The maximum impervious coverage shall be 50% of the gross lot area.
(9)
The minimum gross lot area shall be three acres.
(10)
The maximum density shall not exceed 17 units per acre.
B.
The following design requirements shall be applied to all senior independent living facilities:
(1)
Where developments contain multiple buildings, the architectural appearance of all buildings shall be compatible or harmonious.
(2)
A landscaping plan shall be submitted with the conditional use application which complies with the provisions of § 155-119 of this chapter. Where conditions exist which support a modification of the landscape buffer/yard requirements, such as existing vegetation, topography, etc., the landscaping requirements imposed in § 155-119 may be modified by the Board of Commissioners during and as part of the conditional use approval.
(3)
All proposed utilities shall be installed underground.
(4)
All trash and rubbish shall be contained in verminproof containers. Exterior storage areas for trash and rubbish shall be completely screened from view by fencing and/or landscaping. All dumpsters shall be located in the rear or side yard within an enclosed fence with a lockable gate. The location of the dumpster and the specifications of the fence shall be subject to the approval of the Board of Commissioners as part of the conditional use application.
(6)
The total number and size of all signs related to a senior independent living facility should be limited to the basic needs of the use. All proposed signs shall comply with the provisions of Article XI of this chapter.
(7)
Parking shall be provided at a minimum of 1.1 parking spaces per dwelling unit.
(8)
The design standards and area and bulk requirements in § 155-55 pertaining to multifamily apartment uses and developments shall not apply to a senior independent living facility. The design requirements within this § 155-63 shall control and supersede any other design standards and area and bulk criteria contained within this chapter.
(9)
Public water and public sewer shall be provided for the senior independent living facility.
(10)
The senior independent living facility shall provide a twenty-five-foot buffer yard and planting screen along the side property tines that are immediately adjacent to any existing residential dwelling units in an attempt to enhance the privacy of adjacent residential property owners. The aforesaid buffer yard and planting screen may be reduced to 15 feet in width for parking and drive aisles associated with the proposed senior independent living facility and may encompass other buffering methods which shall be subject to the reasonable discretion of the Board of Commissioners. The use of existing mature trees (six inches in caliper measured four feet from the ground) is encouraged and may be utilized as part of the required buffer yard. All such buffering and screening shall be documented on a landscape plan which shall be approved by the Board of Commissioners in conjunction with the conditional use application.
C.
The following additional standards must be met in order for the Board of Commissioners to grant conditional use approval for a senior independent living facility:
(1)
The dwelling units shall be leased or sold as independent dwelling units where the occupants of the dwelling units are independent with respect to their daily living activities such as bathing, dressing and grooming.
(2)
The dwelling units shall be limited to studio, one-, or two-bedroom units, provided no more than 25% of the total number of dwelling units shall contain two-bedroom units.
(3)
The senior independent living facility shall be age-restricted for persons 55 years of age and older and must qualify for the exemption to the prohibition against discrimination based on familial status found in Section 3607(b)(1) of the United States Fair Housing Act, 42 U.S.C. § 3601 et seq., and the Housing for Older Persons Act of 1995[1] and the regulations promulgated thereunder.
[1]
Editor's Note: See 42 U.S.C. § 3601 et seq.
(4)
The accessory uses which are provided within a senior independent living facility shall not occupy more than 25% of the gross floor area of the building and shall be for the exclusive use of the residents and their invitees.
(5)
If a sundries shop is provided in the senior independent living facility as an accessory use, the purpose of the shop will be to afford an opportunity for the residents of the facility and their guests to purchase necessary toiletries and other miscellaneous dry goods and snack food items. The maximum size of the shop shall not exceed 500 square feet, and there shall be no advertising of the store outside the facility.
(6)
If the dwelling units are sold in fee simple or condominium ownership, the common area in the senior independent living facility must be owned and/or managed by a professional management company.