Hatboro City Zoning Code
PART 18
ACTIVE ADULT COMMUNITIES
§ 27-1801 Declaration of Legislative Intent of an Active Adult Community.
[Ord. 761, 8/26/1985, § 2500; as added by Ord. 971, 12/18/2006, § 6]
To establish reasonable guidelines for the development of adult restricted housing complexes that are safe and adequate when approved as a conditional use by Borough Council solely in the O Office District. The development of such units shall ensure the availability of support facilities by including a small percentage of uses delineated in § 27-202. Finally, it is the intent of this Part to provide for differing standards of acreage, dwelling unit density, building height, parking, and open space without undue adverse impact on the surrounding neighborhoods or the Borough in general.
§ 27-1802 Active Adult Community Development Standards.
[Ord. 761, 7/26/1985; as added by Ord. 971, 12/18/2006, § 7]
1.
The following development standards shall be used to guide the Borough Council in determining the merits of any proposed active adult community.
A.
Minimum Area. The lot area must be at least eight acres. Floodway areas shall not to be included in the lot area when determining minimum acreage.
B.
Maximum Density. Maximum permitted density of 20 residential dwelling units per acre. Floodway areas shall not to be included in the lot area when determining density.
C.
Maximum Floors. No building shall have more than four stories or floors above grade.
D.
Height Restrictions. The maximum height of any building of this "use" shall be 35 feet, except as otherwise permitted below.
(1)
Accessories. Chimneys, spires, towers, skylights, or any structure for similar use shall not be included in calculating the height where such structures are customary vertical projections of a permitted building.
(2)
Height Exception. The prescribed basic height limit may be exceeded by one foot, up to a maximum of 10 feet for each 1 1/2 foot by which the width of each side yard and the depth of the rear yard is increased beyond the minimum requirements.
E.
Distance Between Buildings. In the case of two or more buildings in an Active Adult Community, the horizontal distance between any two buildings measured from the building foundation wall at the nearest point to the adjoining building foundation wall shall not be less than 1 1/2 times the "wall height" of the taller of the two buildings. The term "wall height" shall be determined by the vertical measurement from the top of the foundation wall to the highest point of that same wall. In the case of a gable end wall, the "wall height" shall be measured to the peak of said gable end wall.
F.
Building Coverage. Not more than 30% of the lot area may be occupied by residential dwellings, professional offices, and/or retail sales and service buildings. Borough Council may exempt open recreational structures and open assembly structures, during the conditional use process. Not more than 5% of the total interior building floor area may be designated for nonresidential uses. No single nonresidential use shall occupy less than 1,000 or more than 3,000 square feet. Floor areas specifically intended for the support of the residential dwellings shall be considered residential in nature. Examples include: common hallways, foyers, recreational, and assembly halls for the exclusive use of the residents and their guests, utility rooms, and private offices or maintenance shops for the exclusive use of any agents or service personnel within the complex.
G.
Minimum Yard Setbacks for Active Adult Community Development Perimeters:
(1)
Front Yard. Active adult communities shall provide a front yard setback of not less than 35 feet as measured from the right-of-way line to the building foundation wall nearest to the right-of-way line.
(2)
Rear Yard. Active adult communities shall provide a rear yard setback of at least 20 feet, but no less than 1 1/2 times the setback requirements of an abutting yard along the same property line where that yard abuts the active adult community, as measured from the building foundation wall at the point nearest to the property line.
(3)
Side Yard. Active adult communities shall provide a side yard setback of at least 20 feet, but no less than 1 1/2 times the setback requirements of an abutting yard along the same property line where that yard abuts the active adult community, as measured from the building foundation wall at the point nearest to the property line.
I.
Lanes and Interior Access Roads. All parking, lanes, alleys, and interior access roads shall remain the property of the active adult community. Maintenance, construction, and snow removal shall be the responsibility of the association within the active adult community.
(1)
Design Standards. All driveways, lanes, and access roads must comply with the standards as in the Subdivision and Land Development Ordinance [Chapter 22] of the Borough of Hatboro. The applicant shall demonstrate that all interior intersections comply with acceptable line-of-sight triangles and emergency services turning radii.
J.
Refuse and Recycle Materials. All waste generated within any active adult community shall be the responsibility of the property owner and addressed in the association or condominium declaration. These materials shall be the sole responsibility of the owner(s) or their association and its membership.
(1)
Setback. All trash facilities shall be at least 50 feet from any property line.
(2)
Screening. All trash facilities shall be screened with a six-foot high solid fence (not chain link) or screen wall each to be accompanied by a six-foot wide evergreen landscape buffer to provide a year round visual screen. The evergreen screen shall have a minimum three-foot plant material height at installation.
K.
Open Space. The owner shall be required to establish and the owners and their association shall maintain not less than 20% of the total lot area of an active adult community in usable open space. This area shall be for the provision of aesthetic, recreational, and leisure activities and/or facilities. Areas such as landscape buffers and/or areas containing walkways, seating, sculptures, fountains, permanent bodies of water, and recreational fixtures shall be included in the calculation of "usable open space." Open areas such as minor parking lot islands, open-air stormwater detention basins, and paved areas such as parking lots and lanes shall not be included in "usable open space" calculations. Perpetual maintenance of said open space shall be the sole responsibility of the owner(s) and their association and its membership.
L.
Aesthetic Standards.
(1)
Historic Revival Buildings. The exterior facade of any adult restricted housing and accompanying limited nonresidential structures shall adhere to an architectural theme from the following periods: Colonial, Federal, and/or Victorian.
(2)
Site Elements and Details. The themes in the above section shall be carried throughout the exterior signage, lighting, fencing, rails, paving, sidewalks, curbs, and landscape details. This subsection shall place an emphasis on pedestrian-friendly movements within and through the complex, and provide safe and efficient linkages to nearby facilities and open space.
(3)
Facade. All facades shall be divided into units of no more than 50 horizontal feet. A break in depth of at least three feet to five feet shall be required for every 50 feet of facade. Such breaks may be met through the use of bay windows, porches, porticos, building extensions, towers, recessed doorways, and other similar architectural treatments. Blank walls are prohibited.
(4)
Materials. Natural building materials shall be used wherever practicable.
(5)
Roof. Pitched roofs with a minimum pitch of 1 1/2 inches of vertical rise per 12 inches of horizontal run shall be required.
(6)
Lighting. In addition to the requirements of § 27-2005, Subsection 1E, and all other applicable sections of this chapter and Subdivision and Land Development [Chapter 22] (as amended), ordinances of the Borough of Hatboro, all lighting fixtures shall be limited in height to 15 feet or less with lenses that focus light directly beneath the fixture. There shall be no spillover of more than 0.1 foot-candles (1.0764 lux) at ground level onto any property.
M.
Public Utilities and Service Requirements.
(1)
Water and Sewer. All dwellings shall be connected to and served by both public water and public sewer facilities.
(2)
Underground Utilities. All utility lines within an active adult community shall be located underground within public right-of-ways or easements. Existing utility lines which are located at the perimeter of the active adult community shall not be required to be located underground. All upgrades and/or improvements to existing utilities shall be placed underground. Any required utility structures, buildings, pump stations, or other similar devices shall be screened from adjoining properties and roads, as appropriate.
(a)
Screening. All required utility structures, buildings, pump stations, or other similar devices shall be screened with a six-foot high solid fence (not chain link) or screen wall each to be accompanied by a six-foot wide evergreen landscape buffer to provide a year round visual screen. The evergreen screen shall have a minimum three-foot plant material height at Installation.
N.
Walking Paths. All walking paths shall be constructed with all-weather materials providing a hard, durable surface, and shall be a minimum of six feet wide. Where such paths intersect blacktop and/or concrete surfaces ADA approved transitions shall be installed. A path crossing a cartway shall be of distinct materials (e.g., cobblestone, pressed concrete, or pressed macadam) and color to present a visual and tire rumble indication that the pathway is present. Raised platforms (speed tables) may be used to meet these requirements. All walking paths shall be depicted on the approved recorded site plan. These walking paths shall foster social interaction, between Borough residents accomplished by targeting the spatial relationship between open spaces, walking trails, and neighboring sidewalks and streets. The walking path network shall connect to sidewalks on neighboring tracts. The goal is to promote integration with surrounding community and the Borough at large.
O.
Perpetual Use Guarantee.
(1)
Conversion. A property, which has been developed to the special standards of an active adult community "use," shall not, at any time in the future, change from an active adult community "use" unless all of the Subdivision and Land Development [Chapter 22] and zoning standards are met for the proposed new "use." A statement as to this perpetual "use" shall be placed on the site plan prior to approval and recording.
(2)
Restriction. An applicant for an age-restricted active adult community shall provide at the time of final plan approval proof of deed restrictions or other documentation satisfactory to the Borough Solicitor that limits the residential use of the property to one where the residents are restricted by age in compliance with the Federal Fair Housing Act. This documentation shall be recorded prior to the release of any final plan for recording.
(3)
By-Law Inclusions. Any homeowners association agreement, condominium declaration, or planned residential unit owners association associated with an active adult community shall include, in its condominium agreement by-laws and declaration, provisions to restrict and enforce the restriction of the residents by age in compliance with the Federal Fair Housing Act and the provisions of applicable Borough regulations. Such provisions may not be amended unless approved by the Borough.
(4)
Enforcement. Should the management, homeowners, condominium, or planned residential unit owners association fail to enforce the age restrictions, the Borough shall have the right to do so by any lawful means, including the imposition of fines on the violating residents and/or the management, homeowners, condominium, or planned unit owners or renters associations, and/or by seeking injunctive relief.
P.
Other Development Standards. Active adult communities shall be developed in accordance with this chapter and Subdivision and Land Development Ordinances [Chapter 22] (as amended) of the Borough of Hatboro. To the extent the regulations within this section differ (are more or less restrictive) from the other sections of this chapter, those regulations within this section shall govern. However, all other provisions of this and other ordinances of the Borough of Hatboro shall remain in full force.