Emmaus City Zoning Code
PART 10
AGE QUALIFIED COMMUNITIES
§ 27-1001 Definitions.
[Ord. 1098, 9/3/2013, § 2]
Where used in this Part, the following words and phrases shall have the following definitions:
A master planned residential development in which residency is qualified by age and other related characteristics as defined by the developer in accordance with this Part and all applicable laws and regulations.
An individual, person or other legal entity who submits an application for an Age Qualified Community Overlay District pursuant to this Part. As used herein, the term shall include the subsequent developer(s) of the tract.
An unpaved pedestrian walking surface which incorporates or provides access to one or more natural features.
A pedestrian walking surface which forms a part of the pedestrian circulation system of the age qualified community and which is constructed with a concrete, bituminous or modular paving unit surface.
A building consisting of four dwelling units attached as a group wherein each dwelling unit has individual outside access and extends from ground to roof.
A leisure time activity which may or may not be of a formal, organized nature, but which entails some physical exertion and may require a specially designed area, field, arena, structure or facility and which is owned and maintained by the governing association of the age qualified community. Such facilities are available for use by the residents of the community and include, but are not limited to, parks, indoor and outdoor swimming pools, athletic courts, athletic fields, pedestrian pathways, nature trails, golf/putting/chipping areas, and other similar uses. Amusement parks, arenas, motor sports parks, race tracks, stadiums, and water parks shall not be considered a recreational use for purposes of this Part. Adult oriented businesses and sexually oriented businesses and services shall not be considered as a recreational use for purposes of this Part.
A concrete pedestrian walking surface that is constructed substantially parallel to the cartway and meets all of the requirements of this Part and Chapter 21 of the Borough's Codified Ordinances to the extent not inconsistent with the specific requirements of this Part.
A building designed for and occupied exclusively as a residence for only one family and having (1) only one (1) dwelling unit from ground to roof; (2) independent outside access; and (3) any portion of one or two vertical walls in common with an adjoining single-family attached dwelling. A townhouse shall not have interior access between dwelling units.
A building, commonly known as a single-family house, designed for and occupied exclusively as a residence for one family and having; (1) only one dwelling unit from ground to roof; (2) independent outside access; and (3) open space on all sides. Where a private garage is structurally attached to such a dwelling, it shall be considered as a part thereof.
The parcel of land comprising the age qualified community in accordance with § 27-1006.11.C of this Part. For the purpose of this definition, a tract may extend into an abutting municipality, in which case the applicable provisions of this chapter shall set the minimum standards for development in the abutting municipality.
A building intended and designed to be occupied as a residence by two families living independently of each other as separate dwelling units. Each dwelling unit within the two-family detached dwelling is separated by a horizontal floor.
A building intended and designed for residence by two families living independently of each other as separate dwelling units. A semi-detached dwelling unit has independent outside access and is separated by a common vertical wall from the other semi-detached dwelling unit.
§ 27-1002 Establishment of Overlay Districts; General.
[Ord. 1098, 9/3/2013, § 2]
1.
Pursuant to the provisions of this chapter and in accordance with the objectives and policies of the Borough's Comprehensive Plan, and in compliance with the Pennsylvania Municipalities Planning Code, as amended, all land area within the Borough has been assigned a zoning district designation and incorporated within defined zoning districts as the means to implement the provisions stated therein. In addition to zoning district designations, specific land areas within the Borough may be subject to a zoning overlay district or overlay districts.
2.
A zoning overlay district is a special purpose zoning district that is superimposed over existing zoning jurisdictions, and development in accordance with the overlay district regulations is an option to development in accordance with the base zoning district regulations. An overlay district is designated to provide additional land use options, standards and regulations for specific areas of the Borough based on specific conditions as more particularly described with respect to each overlay district. An overlay district may encompass more than one zoning district or may encompass only portions of a zoning district. Zoning overlay districts are delineated on the Zoning Map. In the absence of a specific standard for an overlay district, the requirements of the base zoning district shall apply.
§ 27-1003 Age Qualified Community Overlay District (AQCOD).
[Ord. 1098, 9/3/2013, § 2]
1.
The Age Qualified Community Overlay District (hereinafter, "AQCOD") is an overlay established to permit development of age qualified communities within the areas designated on the Official Zoning Map. Age qualified communities shall be permitted by right solely within the AQCOD, in accordance with the minimum requirements set forth in this Part. In the absence of a specific standard for age qualified communities appearing in this Part, the provisions of the base zoning district shall apply.
2.
Nothing in this Part shall be construed to preclude the development of age qualified communities in any other area of the Borough where residential land uses are permitted. However, development of age qualified communities outside of an AQCOD shall meet the requirements of the base zoning district in which they are located.
3.
Pursuant to § 27-108, "Amendments to this Chapter," of this chapter Borough Council may consider an amendment to the Zoning Map to include a particular parcel or parcels of land within the AQCOD, thus enabling development of such parcel(s) in accordance with this Part. Such a determination is legislative and discretionary in nature. In determining the propriety of a zoning map amendment under this section, the Borough shall comply with all requirements of the Municipalities Planning Code, as amended, relating to zoning map amendments and in addition to the specific requirements of this Part, shall consider the following criteria:
A.
Consistency with the Borough's Comprehensive Plan and other development objectives as embodied in Borough Ordinances, documents and records.
B.
Consistency with the Comprehensive Plan for Lehigh and Northampton Counties and the Southwestern Lehigh County Comprehensive Plan.
C.
Conduciveness of development to, and impact of development on, all relevant environmental factors.
D.
Compatibility with the character of the neighborhood in which the subject parcel or parcels is/are located.
E.
Impact of the development on traffic and vehicular circulation both within and outside the development.
F.
Whether such amendment, if enacted, would violate established legal principles.
G.
The availability of municipal water and sewer.
H.
The availability of, and access to, the development for emergency services.
In reviewing an application for an AQCOD, Borough Council may require as much detail of the proposed development as it deems necessary in its sole discretion to aid in the application of the above-stated criteria. In granting a request for an AQCOD, Borough Council may impose reasonable conditions on the applicant, consistent with these criteria. |
4.
Notwithstanding the requirements of subsection .3, above, and regardless of the availability of municipal water and/or municipal sewer, parcels of land located in whole or in part within the Industrial Light (IL) and Business Highway (BH) Zoning Districts shall not be eligible for consideration for inclusion within the AQCOD.
§ 27-1004 Use Regulations.
[Ord. 1098, 9/3/2013, § 2]
1.
In the AQCOD a building may be erected, used, and/or renovated to change, alter, or expand usage and a lot may be used or occupied for any of the following land uses, subject to all applicable regulations and administrative, procedural, design, engineering, and review and approval requirements contained within this Part, this chapter, the Subdivision and Land Development Ordinance [Chapter 22], and any other applicable Borough ordinance.
A.
Age Qualified Community. An age qualified community shall consist of any one or more of the following types of residential dwelling units:
B.
Accessory uses shall be limited to the following:
(1)
Uses customarily incidental to the above listed dwelling types.
(3)
Community center or clubhouse consisting of, inter alia, activity rooms, kitchen areas, meeting rooms, craft rooms, fitness rooms, lounges or similar facilities for the exclusive use of members of the age qualified community and invited guests.
(4)
Administrative and sales facilities exclusively for the management of the age qualified community and located within the community center, except that model units may contain sales facilities until build-out of the development.
(5)
Service facilities exclusively for the operation of the age qualified community.
(6)
Gate houses, entrance facilities and other similar structures.
§ 27-1005 Bulk and Design Requirements.
[Ord. 1098, 9/3/2013, § 2]
1.
No minimum tract size shall apply.
2.
Maximum Impervious Coverage. Maximum impervious coverage for the tract shall be 50%.
3.
Maximum Gross Density. Maximum gross density shall be six dwelling units per acre.
4.
Buffer Yard. A fifteen-foot wide buffer yard shall be provided along all front, side, and rear boundaries of the tract in accord with regulations of this chapter.
5.
Building Setbacks. Buildings shall be set back a minimum distance of 10 feet from the street right-of-way line of all interior streets, and garage entrance facade shall be set back a minimum distance of 20 feet from the edge of the street right-of-way line. Where no right-of-way is provided, buildings shall be set back a minimum of 20 feet from the paved edge of the cartway of all interior streets, and garage entrance facades shall be set back a minimum distance of 30 feet from the paved edge of the cartway of all interior streets.
6.
Building-to-Building Setbacks. Minimum building-to-building setbacks for single-family detached dwellings shall be 15 feet; otherwise, minimum building-to-building setbacks shall be 25 feet.
7.
Individual Lot Sizes. Except as provided in this section, no individual minimum lot sizes shall apply.
8.
Open Space. A minimum of 50% of the tract area of the age qualified community shall be set aside as open space, in accordance with § 27-1006.7, below. Areas designated as open space for the purpose of this subsection shall be designated on the approved, land development plan and guaranteed by deed restrictions, covenants or other instruments filed of record and binding in perpetuity.
9.
Tract Setback. A minimum twenty-five-foot setback shall be provided along all tract boundaries. No structures shall be permitted in the setback, except that the buffer yard required by subsection .4, above, may be placed within the setback.
§ 27-1006 General Requirements.
[Ord. 1098, 9/3/2013, § 2]
1.
Form of Ownership. Fee simple or condominium form of ownership may be utilized, however regardless of the form of ownership, the applicant shall establish a community organization which shall be funded in such a manner as to be financially responsible for the operation, maintenance and upkeep of the age qualified community and the improvements and common amenities forming a part thereof.
2.
Declaration of Age Qualification. In addition to the requirements of subsection .1, above, prior to the recording of the land development plan, the applicant shall record a declaration against the property being developed, in a form acceptable to the Borough Solicitor, binding the property and owners to the minimum age qualification and such other regulations as may be established by the applicant. Such qualifications and regulations shall be in accordance with all applicable federal and state laws and the regulations promulgated thereunder. The recorded declaration shall relieve the Borough from any obligation to enforce the qualifications and regulations set forth therein, and shall place the primary obligation of enforcement on the residents/owners and/or governing association, if any, of the development.
3.
Utilities.
A.
The age qualified community shall be served by both public water and public sewer service, and public water service shall be sufficient to provide firefighting capabilities to the satisfaction of the Borough. The public water and sewer service (excluding laterals) together with all associated easements shall be transferred and conveyed to the Borough by appropriate instruments for the nominal consideration of $1. The above notwithstanding, the Borough shall retain complete discretion whether to accept dedication of any pump station and force main facilities.
B.
All fire services shall be designed and constructed to meet or exceed ISO standards. The heads of all emergency services within the Borough or their designees shall review and approve those aspects of the land development plan relating to the provision of such services, including, but not limited to, water pressure, fire hydrant locations, turning radii, access to dwelling units and other structures and access to the development from the public right-of-way.
C.
All utilities to be constructed on the tract to serve the age qualified community shall be installed underground. Design and installation of utilities shall be in accord with applicable requirements of the Borough or other provider as applicable.
4.
Pedestrian Circulation System. A pedestrian circulation system shall be provided as an integral part of the age qualified community, as follows:
A.
Pedestrian sidewalks a minimum of four feet in width shall be provided on both sides of all interior access streets, whether public or private, and along any common, off-street parking areas where pedestrian usage is anticipated. All pedestrian sidewalks shall be concrete.
B.
Pedestrian sidewalks shall be set back a minimum of five feet from the curb line of all interior streets where street trees are placed between the sidewalk and the curb. Where street trees are placed between the sidewalk and building facade the distance between the curb and sidewalk may be reduced to three feet.
C.
Pedestrian sidewalks may adjoin off-street parking areas, however such parking shall not encroach upon the pedestrian sidewalk. In all cases, provision shall be made to prevent vehicles from overhanging pedestrian sidewalks.
D.
Pedestrian pathways a minimum of five feet in width shall be provided throughout the age qualified community to interconnect pedestrian sidewalks with open space, recreational space, amenities and facilities. The pedestrian pathway system shall meander throughout the open space.
E.
Pedestrian sidewalks and pathways shall meet or exceed all governmental, regulatory requirements relating to accessibility, including, but not limited to, the requirements of the ADA and the regulations promulgated there under.
F.
Nature trails may be incorporated into the pedestrian circulation system however the same shall comply with laws and governmental regulations relating to accessibility.
G.
Upon the written request of an applicant and following a review and recommendation by the Planning Commission, Borough Council may, in its sole discretion, modify or waive the requirements of this Part as they relate to the pedestrian circulation system. Borough Council may place reasonable conditions upon the grant of any modifications or waivers hereunder.
5.
Vehicular Circulation System.
A.
Interior streets within an age qualified community shall be private, and owned and maintained by a governing association, management corporation or other entity acceptable to the Borough.
B.
Interior streets within the age qualified community shall be designed and constructed to Borough standards for public residential streets, except that the cartway width may be reduced to a minimum of 26 feet. In its discretion, Council may require that an applicant provide street right of way, which shall be no less than 40 feet.
C.
The applicant shall cause to be performed at its sole cost and expense a traffic impact study. This study shall be made in accordance with all applicable industry and professional standards and certified by a professional traffic engineer. The study shall, at a minimum, detail traffic flow within the land development and/or subdivision, identify points of ingress and egress, detail the effects of the land development/subdivision upon local traffic movements, identify appropriate, mitigating measures and address any other specific or unique, traffic issues which may be created by the proposed development/subdivision. The study shall be submitted to the Borough for review and approval, and all recommendations contained in the approved traffic impact study shall be implemented by the developer in accordance with this Part and other applicable laws, rules, regulations, ordinances and standards. All improvements recommended by the approved traffic impact study shall be constructed in conjunction with the land development and/or subdivision. All on site improvements shall be the responsibility of the developer.
D.
Curbs shall be provided along all streets or cartways.
6.
Off-Street Parking.
A.
A minimum of three off-street parking spaces shall be provided for each dwelling unit. Garage spaces may count toward this requirement provided that the developer include in its declarations and restrictions an enforceable covenant that each counted space be used for parking and not be converted to another use; however, at least one of the required off-street parking spaces must be an exterior space (outside the garage). Alternatively, the developer may construct separate, common parking facilities within 200 feet of the dwellings to be served thereby in accordance with regulations contained in this chapter to meet the requirements of this section.
B.
Off-street parking areas for the community center or other community amenities shall be set back a minimum of 20 feet from all buildings and a minimum of 30 feet from the overall development tract boundaries. For the community center, a minimum of 7.5 off-street parking spaces shall be provided for every 1,000 square feet of gross floor area.
7.
Open Space.
A.
A minimum of 50% of the tract area of the age qualified community shall be set aside as open space. Open space for the purpose of this section shall be defined as land areas that are not occupied by buildings, structures, parking areas, streets, alleys, sidewalks, other impervious surfaces, or stormwater management facilities (except as noted in paragraph .B below). Open space may be devoted to landscaping preservation of natural features, common recreation areas (as described in subsection .8, below), and pedestrian trails.
B.
With Borough (and, as applicable, other outside agency) approval, land area containing stormwater management facilities designed and constructed as wet ponds or shallow basins and which incorporate natural features, landscaping or other, similar qualities may be attributable to the open space requirement of this section.
C.
Significant natural features such as woodland areas, large trees, natural watercourses, bodies of water, rock outcroppings, and scenic views shall be incorporated into open space areas.
D.
Upon the written request of an applicant and following a review and recommendation by the Planning Commission, Borough Council may, in its sole discretion, modify or waive the requirements of this Part as they relate to open space. Borough Council may place reasonable conditions upon the grant of any modifications or waivers hereunder.
8.
Recreational Use Areas.
A.
A minimum of 10% of the tract area of the age qualified community shall be set aside as area for recreational use, which shall be for the exclusive use of the residents of the age qualified community and their guests. This requirement may be satisfied through provision of one or more individual common recreation areas.
B.
At least 50% of the total required recreational use area acreage shall be provided in one or more areas that each have a minimum dimension of not less than 100 feet by 100 feet, a maximum slope of 6%, and being at least 20 feet from all buildings, streets, parking areas, alleys and stormwater management facilities.
C.
Areas associated with environmentally sensitive features that would otherwise prohibit or restrict development, such wetlands, floodplains and steep slopes in excess of 10% shall not be utilized as or attributable to the required recreational use areas.
D.
Recreational use areas may be open space areas or recreational buildings or facilities.
E.
Recreational use areas otherwise meeting the requirements for open space within the meaning of subsection .7 of this section may be counted toward the developer's obligation to provide open space pursuant to that subsection.
F.
Upon the written request of an applicant and following a review and recommendation by the Planning Commission, Borough Council may, in its sole discretion, modify or waive the requirements of this Part as they relate to recreational use areas. Borough Council may place reasonable conditions upon the grant of any modifications or waivers hereunder.
9.
Park and Recreation Requirements of SALDO. Nothing contained herein shall relieve the applicant of its obligation to provide land suitable for park or recreation purposes (or statutory alternatives thereto) pursuant to § 503 of the Municipalities Planning Code, as amended, and § 22-511 of the Borough Subdivision and Land Development Ordinance [Chapter 22] as may be amended from time to time. Such compliance shall be in addition to, and not in lieu of, compliance with the open space and common recreation area requirements of this Part.
10.
Record Plan Requirements. The applicant shall include on the record plan for the development and within the governing association documents) or management corporation document(s) a depiction of all open space and common recreation areas necessary to satisfy the requirements of this Ordinance. In addition, the developer shall include on the record plan and within the governing association documents) or management corporation document(s) a statement that no buildings, structures or other impervious surfaces (other than pedestrian pathways and nature trails) shall be permitted to be built in the required open space.
11.
Other Requirements.
A.
Unless otherwise stated in this Part, the Borough, in its sole discretion, shall determine whether it is in the Borough's interest to accept all or a portion of any infrastructure within the age qualified community, including, but not limited to, streets, utilities, recreational areas, and community facilities; and all such amenities shall be constructed, owned, and operated by a financially responsible governing association or management corporation.
B.
Ownership, maintenance, and use provisions associated with all infrastructure and common amenities and facilities within the age qualified community shall be identified within a governing association document(s) or management corporation document(s). The document(s) shall be submitted to the municipality for review and approval prior to final plan approval by the Borough.
C.
All parcels of land intended to form a single, age qualified community under this Part shall be consolidated into a single parcel regardless of municipal boundaries. Following the procedure set forth in § 27-1003, above, a parcel of land may be added subsequently to the age qualified community, provided that the parcel is consolidated with the original parcel and provided that the proposed development continues to meet all of the requirements of this Part with respect to the parcel, as consolidated.