Havre De Grace City Zoning Code
ARTICLE XI
Planned Adult Communities
§ 205-43.1 Definitions.
As used in this Article XI, the terms listed below have the meanings indicated. Words used in the present tense include the future, the singular includes the plural, and the plural the singular, unless the context clearly indicates the contrary.
A road or street which serves to carry traffic to or from local streets and connects them to other collector streets or to arterial highways and is identified in the transportation plan as either an urban collector road or rural major or minor collector road.
A building which has a permitted capacity in excess of 100 people and is used for recreational, social, education, cultural or religious activities.
A road or street which collects and distributes traffic within subdivisions and provides direct access to individual land uses. Local roads and streets may include primary and minor residential roads, as well as business roads.
The person or entity who or which acts as the owner of the property on which a planned adult community is constructed and who or which is primarily and ultimately responsible for developing a planned adult community and for completing all conditions required to create a planned adult community under this chapter, including creating and implementing the overall planning, concept plans, site plans, subdivision plats, and other required development and engineering plans, the construction and completion of structures, utilities, public works facilities, roads, open space, community center(s), and other amenities, sale of units, as well as for the creation and implementation of use and development restrictions and property owners' associations.
Buildings containing residential and commercial uses, meeting the conditions and approvals set forth herein, which are designed, developed and managed as an integrated adult community. Residential uses in the community may include single-family attached dwellings, multifamily dwellings and single-family detached dwellings, all of which shall be designed for occupancy by mature adults; as well as hotels of all types and hotels allowed under this chapter and conference centers.
A legal entity comprised of owners of land used for residential or nonresidential uses, buildings or dwellings, organized to own, operate and/or maintain open space, roads, stormwater management facilities, recreational facilities, or amenities used in common by such owners.
One or more instruments recorded among the land records which impose easements, liens, conditions, covenants and restrictions on the use and development of land. Use and development restrictions may grant easements and/or impose conditions pursuant to which owners of land and/or the general public may use land, including open space, roads, stormwater management facilities, recreational facilities, or amenities.
§ 205-43.2 Criteria.
The following uses that meet the criteria set forth in this Article XI are allowed as special development uses in R, R-1, and R-2 Residential Districts:
A.
Single-family detached dwellings shall meet lot specification C, Table I.
B.
Single-family attached dwellings shall meet lot specification E, Table I, except that lots shall be no less than 26 feet in width.
C.
Multifamily dwellings shall meet lot specification F, Table I.
D.
The minimum area of the entire community shall be a total of 600 acres.
E.
The commercial uses identified below are also principal permitted uses approved under this Article XI as uses to serve the planned adult community. With the exception of banquet facilities/catering operations listed in Subsection E(8) below and hotels listed in Subsection E(9) below, such uses may not individually, collectively, or in any combination, exceed a total area of 20,000 square feet (not including the area of any required parking lot).
F.
Customary accessory uses or buildings incidental to any main commercial building or use may be permitted and shall include, but not be limited to:
(1)
Cafeteria/Lunchroom/Snackbar/Automat, primarily for the use of building occupants where such facility is located, provided such facility has no exterior entrances or exits, except required emergency exits.
(2)
Coin-operated vending machines and automated teller machines, inside a building and primarily for the use of building occupants.
(3)
Recreational facilities for employees.
(4)
Other customary accessory uses and structures.
G.
Ancillary uses or buildings incidental to any main commercial building or use may also be permitted. Permitted ancillary uses cumulatively shall not exceed 15% of the gross floor area of the related principal use(s) per building in the community. Permitted ancillary uses shall include, but not be limited to:
H.
It is the intention of the Mayor and City Council that planned adult communities be allowed in R, R-1, and R-2 Zoning Districts, in order to permit residential development at low densities in an open space setting. Planned adult communities are intended to improve the quality of development and redevelopment, protect the value of public and private investments on properties within and adjacent to planned adult communities, promote the efficient use of land and public services, conservation of natural resources, prevent environmental pollution, avoid undue concentration of population, control congestion in the streets, and facilitate the adequate provision of transportation, water, sewerage, recreation, and other public requirements. The following guidelines shall be followed in the design of the community:
(1)
The community shall be designed with regard to the soils, topography and natural features of the parcel.
(2)
All residential structures shall be sited so as to promote privacy and ensure natural light for all living areas.
(3)
Buildings near the periphery of the community shall be harmonious with neighboring areas and shall provide adequate transition in density and type or shall provide a vegetative buffer or buffer area.
(4)
Rights-of-way for all collector roads shall be no less than 50 feet in width. Rights-of-way for all other roads and streets shall be no less than 40 feet in width. All local roads shall be designed and built to standards for emergency vehicles.
(5)
No building shall be located within 10 feet of the road right-of-way, public parking areas or public open space.
(6)
The community shall be designed to minimize earthmoving, erosion and the disturbance of environmentally sensitive features.
(7)
The maximum density for the community shall be one dwelling unit per 20,000 square feet of gross area of the community.
I.
The owner of the community shall record use and development restrictions among the land records of Harford County to which the community is subject concurrently with the recordation of the subdivision plat(s) for the community. Sections or phases of the community may be subject to different use and development restrictions based on dwelling unit type or other factors. The entire community shall, however, be subject to use and development restrictions. Anything contained in the City's Subdivision Ordinance[1] to the contrary notwithstanding, use and development restrictions, as well as any documents that create and govern a homeowners' association or council of unit owners, or similar entity (an "association") and which concern the association services, as defined below, shall be submitted to the City Department of Economic Development and Planning for review and written approval prior to recordation of a subdivision plat of the area of the community that will be subject to the use and development restrictions. No use and development restrictions may be recorded among the land records of Harford County unless such approval has been obtained.
(1)
At a minimum, the use and development restrictions shall provide that:
(a)
Every lot or unit owner shall be a member of the association.
(b)
Each lot, unit, or parcel shall be assessed.
(c)
Assessments shall be paid by the owner of each lot, unit, or parcel.
(d)
The use and development restrictions shall provide that the association shall have an affirmative duty to maintain and preserve all open space and common areas, and the improvements and facilities (including public works facilities) located thereon, and all privately held community facilities, including all necessary road and street maintenance, repair, and replacement, all necessary stormwater management facility, snow and ice removal and snow and ice buildup prevention, garbage storage and removal, and all privately held facilities, together and any and all other services to be provided to the community pursuant to the use and development restrictions (the "association services").
(e)
The assessments shall be sufficient to pay the expenses as provided in the yearly budget for the association services, together with a prudent reserve for reasonably anticipated nonbudgeted items, and unexpected perils not covered by insurance.
(f)
On or before July 1 of each year, the association shall deliver to the City's Director of Department of Finance yearly annual financial statements prepared, reviewed, and signed by an independent certified public accounting firm.
(g)
On or before July 1 of each year, the association shall deliver to the City's Director of Department of Finance certificates of insurance insuring the association services and any and all facilities, equipment, and other property associated therewith from any and all damage, liability, casualty, or other peril, in the form and in the amount reasonably approved by the City.
(2)
In reviewing the use and development restrictions, the City Department of Economic Development and Planning shall give consideration to the following:
(a)
Suitability of the documents to accomplish any stated purpose and to insure the long-term uninterrupted performance of the association's services.
(b)
Consistency and compatibility of the association with the community as defined by the applicant and the use and development restriction documents.
(c)
Long-term financial ability of the association to perform the association services.
J.
At least 25% of the gross area of the community shall contain open space. For the purposes of this section, recreational facilities, including golf courses and golf driving ranges, shall be included in the definition of open space. The open space may be owned and maintained by one or more property owners' associations, or by private entities or individuals. The open space shall be generally continuous, accessible to the residents, and protective of natural features. The protection of trees shall be considered in determining the location of open space and development areas. Open space shall be available for use by residents of the community, and may be available for use by the general public, on terms and conditions set forth in the use and development restrictions. The use and development restrictions may provide that use of open space shall be provided at no cost, or on a fee or membership basis.
[Amended 5-16-2022 by Ord. No. 1075]
(1)
Any open space area within a community designed and approved under this chapter shall not be converted to another use or altered or disturbed in any way without review and approval by the Planning Commission.
K.
A community center shall be provided by the owner of the community, which shall be available for use by residents of the community and may be available for use by the general public on terms and conditions set forth in the use and development restrictions. The use and development restrictions may provide that use of the community center shall be provided at no cost, or on a fee or membership basis. The floor area of the community center shall be not less than 10 square feet for each dwelling unit constructed in the community. Other amenities may be owned and maintained by one or more property owners' associations, or by private entities or individuals.
L.
Roads and parking areas in the community may be designed and constructed as public or private roads, owned and maintained by a property owners' association, in accordance with specifications approved by the City. All such private roads, bridges, parking areas, and related improvements shall be designed according to sound engineering standards and constructed in a workmanlike manner. All cross-sections and turning radii shall at a minimum be constructed in accordance with the current applicable requirements of the Harford County Road Code. The owner of the community shall provide the City with copies of all inspections made in the course of the construction and completion of such improvements. Development roads in the community shall be designed to provide a logical road network adequate for internal movement. Parking areas shall be arranged to prevent through traffic to other parking areas and shall be screened from adjacent projects and through roads.
M.
Residential dwelling units in the community shall be provided as follows:
N.
Adequate recreational facilities shall be provided in the community pursuant to the approved special development to meet the needs of the residents.
O.
Business uses shall be conducted within completely enclosed buildings. No freestanding signs advertising business uses shall be permitted.
P.
The community shall be served by public water supply and public sewerage disposal.
Q.
Permitted freestanding signs may be floor-lit or spotlighted, provided that such lights are not directed toward any road.
R.
All or part of the community may be surrounded by security fences. Gates may be utilized to control access to the community or any portion thereof.
S.
Except as specifically provided herein, all other requirements of City ordinances, and state and federal law shall apply to planned adult communities.
T.
The owner of the community shall submit a concept plan of the entire community to the Planning Commission for review and approval. The concept plan shall be prepared by a Maryland professional engineer and shall comply with all the conditions and standards for the intended location or operation of each use as specified herein and contain, at a minimum, a legal description of the land which will comprise the community, a general description of the number, product type (as defined in this chapter) and the standard size, height, width, square footage, and design of standard proposed dwelling units, buildings, or other improvements to be constructed, the general layout of proposed open space, recreational and other nonresidential facilities, roads, open space and amenities, and all other improvements, alterations, and changes to be made on the land, but the concept plan need not contain all of the information required to be shown on a site plan. The Planning Commission shall review the concept plan for conformity with the specifications and general purposes contained herein and with the intent and purpose of Article 66B of the Annotated Code of Maryland. After approval by the Planning Commission, the owner of the community shall submit separate site plans for separate phases or sections of the community for approval by the Planning Commission pursuant to the Site Plan Ordinance.[2] Each site plan shall be substantially in conformance with the approved concept plan. Any substantial modification to the approved concept plan shall require the approval of the Planning Commission. Except as expressly provided herein, the design and development of the community shall comply with the City's site plan and subdivision ordinances.
§ 205-43.3 Construction with general zoning regulations and other ordinances.
To the extent the Article XI is more restrictive than other provisions, regulations and requirements contained in this chapter or any other ordinance, the provisions, regulations and requirements contained in this Article XI shall prevail over any such less restrictive provisions, regulations and requirements.