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Douglass Township City Zoning Code

ARTICLE XVIII

Active Adult Community Overlay District

§ 265-153 Declaration of legislative intent.

The following is an expansion of the statement of community development objectives contained in Article I of this chapter. It is the intent of this chapter to establish reasonable controls for active adult communities consisting of single-family detached, two-family and single-family attached, along with accessory uses and structures, in appropriate locations where the existing community character, superior road access, proximity to commercial centers, and the presence or planned extension of public sewer and water facilities would most readily accommodate this type of development. Furthermore, it is the intent of this article to:
A. 
Encourage an appropriate mix of dwelling types and densities for active adult communities in Douglass Township consistent with the economic and social needs of older residents;
B. 
Promote a variety of age groups and lifestyles within the Township;
C. 
Encourage compact development thereby reducing the cost of provision of public services;
D. 
Encourage innovative residential development and use of a variety of building configurations, as well as open space that provides for the recreational needs of older residents;
E. 
Recognize that housing for older residents creates less demand on community facilities and services than other types of residential development;
F. 
Encourage flexible site design standards that will protect the Township's environmental resources and preserve its character;
G. 
Assure a procedure requiring a conditional use process and a master plan that the proposed development meets and resolves any and all impacts that adversely affects surrounding properties, the road and transportation system of the Township, and the orderly planning of the Township in association with the regional Comprehensive Plan;
H. 
Encourage innovative, creative and functional design and development for an active adult community;
I. 
Consider the economics of development for improved, functional housing taking into consideration impacts on the community; and
J. 
Promoting variations in housing and layout design to achieve the objective of providing suitable, affordable and functional housing for an adult community.

§ 265-154 Permitted uses.

The following uses are permitted by conditional use.
A. 
Use C-12: Active Adult Community. Permitted dwelling types:
(1) 
Use C-2: Single-Family Detached Dwelling.
(2) 
Use C-4: Single-Family Semi-Detached Dwelling (Twin).
(3) 
Use C-5: Two-Family Detached Dwelling (Duplex).
(4) 
Use C-3: Single-Family Attached Dwelling.
B. 
Accessory uses. The following uses are permitted as accessory uses to Use C-12: Active Adult Community an active adult community:
(1) 
Use F-2: Indoor Recreation/Amusement.
(2) 
Use F-3: Outdoor Recreation/Amusement.
(3) 
Use G-7: Library/Community Center.
(4) 
Use E-2: Business/Professional Office, to include maintenance and security facilities directly related to the community.
(5) 
Use F-5: Parkland.

§ 265-155 Overlay district.

An active adult community is permitted by conditional use in the M-1 Office and Light Industrial District on the west side of Route 100 and on parcels zoned R-2 to the south of, and directly abutting, Route 73, as shown on the Township's zoning map.

§ 265-156 Specific requirements.

A. 
Frontage and access.
(1) 
Each proposed development shall require frontage, primary and emergency access from a semi-controlled public access street or collector street.
(2) 
All lots shall have frontage on a public or private road and all lots shall have a driveway access to an internal road in the development.
B. 
Minimum tract size: five net developable acres. The tract shall be one contiguous parcel, not dissected or transversed by a public road, and shall be held in single ownership, having a net developable acreage of five acres or more. For the purpose of establishing "net developable acres" for this overlay zone, "developable acreage" shall mean the land devoted to the particular housing type, including yards, driveway facilities directly serving those particular dwelling types, and the active common open space area for the proposed dwellings, but excluding any land within the public rights-of-way, wetlands and flood ways or floodplains.
C. 
Sewer and water facilities. An active adult community shall be served by public sewer and public water facilities.
D. 
Density, lot size, lot width, yard setbacks, building coverage, and impervious surface coverage. The maximum density, minimum lot size, minimum lot width, minimum yard setbacks, maximum building coverage, and maximum impervious surface coverage are shown in the table below.
Use C-2: Single-Family Detached Dwelling
Use C-3: Single-Family Semi-Detached Dwelling (Twin)
Use C-5: Two-Family Detached Dwelling (Duplex)
Use C-3: Single-Family Attached Dwelling
Max. density (units/net developable acre)
4
4
4
4
Min. lot size (square feet per unit)
6,000
4,500
4,500
2,000
Min. lot width (feet)
50
40
70
40
Min. front yard (feet)
25
25
25
25
Min. side yard/aggregate (feet)
10/25
25 (one)
10/25
15 (end)
Min. rear yard (feet)
25
25
25
25
Max. building coverage (% of lot area)
25
30
30
40
Max. impervious surface coverage (% of lot area)
35
40
40
60
Maximum principal building height (feet)
35
35
35
35
Maximum accessory building height (feet)
20
20
20
20
E. 
Minimum lot size for condominium lots. The minimum lot size for condominium lots shall equal the area of the building footprint.
F. 
Minimum building separation: 25 feet. For building in excess of 25 feet in height, the minimum building separation shall equal the height of the taller building, plus five feet.
G. 
Minimum tract building setbacks: 25 feet. For building in excess of 25 feet in height, the minimum tract boundary setback shall equal the height of the building along the setback, plus five feet.
H. 
Building design. All residential buildings shall comply with the design standards of § 265-32.
(1) 
Each residential unit shall provide for access to any floor below or above ground level by an elevator in addition to such stairways as are required under the applicable building codes.
I. 
Setback from Route 100 and Route 73. There shall be a minimum setback of at least 50 feet from the legal right-of-way of Route 100 and Route 73.

§ 265-157 Landscaping and buffering.

Landscaping and buffering shall be provided in compliance with §§ 230-43 through 230-52 of Chapter 230, Subdivision and Land Development, of the Douglass Township Code.
A. 
Screening buffers shall be provided when an active adult community abuts land zoned or used for industrial purposes, when that land does not have an existing buffer.
B. 
Softening buffers shall be provided when an active adult community abuts land zoned or used for any of the following: single-family detached residential uses, commercial, office, or institutional uses.

§ 265-158 Lighting.

Lighting shall be provided in accordance with § 230-66 of the Douglass Township Subdivision and Land Development Ordinance.

§ 265-159 Signs.

All signs shall comply with the provisions of Article XXIV of this chapter.

§ 265-160 Outdoor storage, storage of recreational or business vehicles.

A. 
The outdoor parking of the following types of vehicles shall be prohibited in this district between the hours of 11:00 p.m. and 6:00 a.m. each day:
(1) 
Recreational vehicles, including campers, motor homes or trailers.
(2) 
Off-road vehicles, including motorcycles and all-terrain vehicles.
(3) 
Business vehicles licensed as such and over 6,000 pounds in weight.

§ 265-161 Open space.

A. 
Amount. The minimum open space shall be 30% of the net developable acreage of the property and shall be suitable for active recreational purposes.
B. 
Design.
(1) 
Minimum width. No open space area shall be less than 25 feet in width, unless specifically designed as a trail or open space connector.
(2) 
Minimum size. No contiguous open space area shall be less than 5,000 square feet in size.
(3) 
Accessibility. Open space areas shall be accessible to the residents of the active adult community.
(4) 
Area not to be included in calculating open space. Any building required separation area, any required access area, parking area, stormwater detention facilities, swales, basins, buffering or required landscaping area and/or required boundary setback area shall not be included in calculating the open space area.
C. 
Open space and active recreation facilities.
(1) 
Requirement. Active recreation facilities shall be required for all active adult communities with 20 units or more which shall include a community room at least the size of the average unit. All active adult communities shall include, but need not be limited to, walking trails and/or sidewalks, and an indoor or outdoor sitting area (such as a picnic grove, gazebo or park benches), as recommended by the Planning Agency and approved by the Board of Supervisors. The walking trails may be located in the setback areas where appropriate.
(2) 
Location. Active recreation facilities shall be centrally located, and accessible from all areas of the active adult community.

§ 265-162 Ownership and maintenance.

The ownership and maintenance of common elements, including open space, shall comply with the requirements of § 265-73 of this chapter.

§ 265-163 General regulations.

A. 
Master plan. A master plan shall be required for the entire tract and shall include a unified architectural theme. The master plan shall provide for the development and use of the property in accordance with the goals, objectives and standards of this article of this chapter, the conditional use standards of § 265-304 of this chapter, the Douglass Township Comprehensive Plan, and the Regional Comprehensive Plan. At a minimum, a master plan shall include the following:
(1) 
The design of the proposed active adult community, including uses, densities of use, number of lots, units and buildings, and approximate height and bulk of buildings.
(2) 
Existing and proposed streets, including the design of any improvements to existing or proposed streets, street widths and right-of-way widths, intersections with external streets, and pedestrian facilities.
(3) 
Proposed parking facilities, including those on individual lots, common parking, staff parking and overflow parking.
(4) 
Proposed open space, showing locations, design, uses and proposed recreation facilities, if any, as well as the ownership and maintenance of open space and recreation facilities.
(5) 
Existing and proposed utilities, including water, sewer, stormwater, electricity, telephone, cable television, gas and any other utilities.
(6) 
Existing and proposed buffering and landscaping, including existing vegetation to be preserved, proposed vegetation, proposed setbacks, and other proposed measures for buffering.
B. 
Phasing. If the proposed development is to be constructed in phases, it shall be planned and constructed in full compliance with this chapter at the end of each phase.
C. 
Covenants and declaration of age restriction. All active adult communities shall be managed by a homeowners' association, approved by the Township. Among the covenants running with the land to assure compliance with the conditions of approval, appropriate covenants shall be recorded to assure that the community is maintained, and used as an age-restricted, active adult community, in compliance with the Federal Fair Housing Act.
D. 
Conditional use standards and procedures.
(1) 
An application for an active adult community shall comply with the procedures for consideration of a conditional use application in § 265-260 of this chapter.
(2) 
The conditional use application shall be reviewed by the Township Planning Agency, Township Engineer, and any other consultants or agencies the Township deems appropriate.
(3) 
The applicant shall reimburse the Township for the cost of any such review.
E. 
Deviation from specific requirements concerning density, dimensional regulations, lot requirements, parking, elevator, swales and open space.
(1) 
Recognizing that the construction of such a community may necessitate a deviation of the density, parking, elevator, swales in open space area, setback and/or dimensional requirements, those requirements may be deviated from as conditions established during the conditional use process taking into consideration the legislative intent, the goals of this article, the standards aforementioned, the base requirements set forth herein, the economics of the development, and the uniqueness, functionality, creativity and innovativeness of the architectural structures and the development design. The deviation shall not provide for more than eight units per developable acreage, shall assure sufficient setbacks from neighboring properties and Route 100, and Route 73 with appropriate screening and buffering.
(2) 
The developer is encouraged to design, develop and construct an age-restricted community that meets the objectives of this article and pursuant to the following standards, in addition to the standards of §§ 265-303 or 265-304 of this chapter, which standards the Township shall consider imposing conditions or in deviating, where necessary, from the specific requirements aforesaid:
(a) 
Maintain the rural character of the area;
(b) 
Avoid adverse impacts on the neighboring properties;
(c) 
Avoid impacts to the infrastructures of the Township, particularly the road system;
(d) 
Improve on and off-site the infrastructure of the Township;
(e) 
Design, develop and construct housing that is unique, energy efficient and accommodating to the needs of its residents;
(f) 
Design and provide for on-site active recreational and community activities;
(g) 
Encourage innovative architectural dwellings, aesthetically compatible to the surrounding area;
(h) 
Otherwise design, develop and construct a state-of-the-art age-restricted community.
(3) 
As part of the conditional use application, the applicant shall present a list of those requirements as set forth in this chapter that it seeks the Township to deviate from, the basis for the same, and how the applicant will meet the standards and objectives of this chapter by the Township's allowing the deviation.
(4) 
The applicant shall have the burden of proof to demonstrate the need for the deviation and that the deviation will be in accordance with the standards of this chapter.
(5) 
The Township may impose reasonable conditions as part of the conditional use process to assure that the deviations meet the standards and objectives of this chapter.