Middletown City Zoning Code
ARTICLE VI
R-C Residential District, Cluster Overlay
§ 260-37 Purpose; intent.
A.
The purpose of this article is to provide for an optional form of residential development allowing greater flexibility and variety of dwelling types and locations while maintaining a maximum dwelling unit density not exceeding that which would otherwise be permitted.
B.
It is intended that R-C Cluster developments:
(1)
Improve living environments.
(2)
Reduce residential development, maintenance and service costs.
(3)
Encourage attractive, compatible originality and variety in dwelling structures, placement and individual and overall site design.
(4)
Provide open spaces developable for appropriate active and passive recreation and leisure uses.
(5)
Conserve and preserve in natural conditions the largest practicable proportion of lands heavily wooded or sloped, functioning as drainageways or waterways and retaining, for the benefit of development residents and the general populace, aesthetic and scenic vistas.
§ 260-38 Designation of district.
R-C Residential District, Cluster, zones are not preestablished or designated. In accordance with the provisions of this article and other applicable requirements, an R-C Zone may be proposed and approved to replace existing R-1 Residential District, Single-Family, or R-1A Residential District, Single-Family, zones.
§ 260-39 Permitted uses.
In the R-C District, the following uses are permitted by right:
A.
Single-family detached dwellings.
B.
Single-family semidetached dwellings.
C.
Two-family detached dwellings.
D.
Two-family semidetached dwellings.
E.
Single-family attached dwellings.
H.
Signs erected and maintained in accordance with the provisions of Article XVII for residential districts.
I.
Electric, telephone, sanitary sewer, stormwater management and water supply facilities, as required to serve the development.
J.
Development of community civic center facilities.
K.
Development of active and passive recreation and leisure facilities.
L.
Natural open space.
§ 260-40 Permitted dwelling density.
A.
For land zoned R-C in place of R-1, the maximum dwelling unit density shall be four units per gross acre.
B.
For land zoned R-C in place of R-1A, the maximum dwelling unit density shall be eight units per gross acre.
C.
"Gross acreage" includes the total land area of a tract proposed for R-C zoning prior to development.
§ 260-41 Dwelling types.
The following types of dwellings, and no other, shall be permitted in cluster developments:
B.
The following types, as variations of the basic types indicated above, and as herein further described:
(1)
Lot line house: a single-family detached dwelling with one side located on the side lot line of the private lot. Windows are prohibited on the lot line side of the dwelling. The lot adjoining the lot line side must provide an easement for maintenance of the dwelling.
(2)
Multiplex dwelling: a single-family attached dwelling with variations permitted in the individual and grouped structures. Units may be one or two stories or combinations thereof. Attachment of units may be horizontal or vertical: common walls may be side to side, rear to rear or side to rear and may include all or only part of the wall of either attached structure; attachment may be by ceiling-floor structure. Each dwelling unit shall have independent outside access.
§ 260-42 Mix of dwelling types.
B.
For cluster developments for which final plans are to be submitted for approval of portions or sections of the development, the overall preliminary plan submission shall include a final section and phasing plan.
(1)
The phasing plan shall be subject to specific recommendation by the Borough Planning Committee and specific approval by the Borough Council.
(2)
The phasing plan shall clearly delineate, by metes and bounds, the proposed final sections.
(3)
The phasing plan, in addition to being superimposed on the diagrammatic layout of the development, shall include a tabular presentation of the following data for each section and for the section-by-section cumulative totals:
(a)
Numbers and types of dwellings.
(b)
Percent of each dwelling type of total dwellings.
(c)
Gross land area in acres.
(d)
Dwelling units per gross acre.
(e)
Land area in public streets.
(f)
Land area in access roadways.
(g)
Land area in common lands.
(h)
Land area in individual lots.
(i)
Land area in cluster group or condominium section lots.
(k)
Time schedule for development.
§ 260-43 Height and story regulations.
A.
The height of a building shall be measured in accordance with the definition of "building height" in Article II.
B.
No dwelling shall be less than one story in height.
C.
No dwelling structure shall contain more than two stories of dwelling or living space.
D.
No dwelling structure shall exceed 35 feet in height.
E.
No accessory structure shall exceed 16 feet in height.
§ 260-44 Condominium cluster groups and sections.
A.
Dwellings of any type (detached, semidetached or attached) may be grouped together either as contiguous, attached structures or detached with minimal spacing between structures, in any combination.
B.
No more than 12 units may be included in any one clustered group of dwellings.
C.
No cluster group shall have more than six units which are attached or closely adjacent having the same frontal orientation. Adjacent frontal orientations shall have an included angle of not more than 150°.
D.
No more than two contiguous units shall have the same frontal alignment. Offsets of frontal alignments shall be at least three feet.
§ 260-45 Dwelling lots.
Every dwelling structure shall be located on a land area delineated on the development plans by metes and bounds to provide that such area can be made private to the dwelling or dwellings thereon.
§ 260-46 Minimum lot areas.
Dwelling lots required by this section shall contain minimum land areas as follows, in square feet per dwelling unit:
Dwelling Type | Individual | Condominium | |
|---|---|---|---|
Single-family detached | 5,000 | 3,000 | |
Single-family semidetached | 4,000 | 2,500 | |
Two-family detached | 2,500 | 1,500 | |
Two-family semidetached | 2,500 | 1,500 | |
Single-family attached: | |||
Any 1 unit | 2,000 | 1,500 | |
Average for attached group | 2,500 | 2,000 | |
§ 260-47 Building spacing and yards.
The actual yard dimensions of open areas between buildings and the defined dwelling lot lines shall be as proposed in the development plan and as approved by the Borough Council. The following spacing of buildings shall be provided, evidenced by appropriate dimensional information in the development plan:
A.
No dwelling structure shall be less than 30 feet from any property line of the overall development tract.
B.
No dwelling structure shall be less than 30 feet from the right-of-way of any public street.
C.
No dwelling structure shall be less than 30 feet from a defined access roadway. This spacing may be reduced to 20 feet where the structure wall is that of an attached garage or one having no door or window openings.
D.
No dwelling structure shall be less than 10 feet from the perimeter of any multiple-space parking compound. For parking compounds having walkways along the parking spaces, the compound perimeter shall be at the dwelling side of the walkway.
E.
Where dwelling structures on individual lots or dwelling clusters on condominium lots are not separated from other dwellings or dwelling clusters by public streets, access roadways or parking compounds, the following minimum spacing shall be provided:
Arrangement of Structures | Distance (feet) |
|---|---|
Front to front | 60 |
Front to rear | 60 |
Front to side | 40 |
Rear to rear | 60 |
Side to side | 30 |
§ 260-48 Accessory buildings, structures and uses.
Accessory buildings, structures and uses shall be permitted in accordance with the provisions of this section.
A.
Accessory buildings or structures shall not exceed 16 feet in height.
B.
Accessory buildings or structures, including detached private garages, shall not be located in front of any dwelling.
C.
An accessory building or structure shall be not less than 10 feet from any other building or structure.
D.
An accessory building, structure or use shall be not less than 20 feet from any street, access roadway, multiple-space parking compound or property line of the overall development tract.
E.
An accessory building or structure shall be not less than five feet from an individual or condominium lot line.
F.
Accessory buildings may contain home workshop areas, workshop areas associated with maintenance activities for the development and sanitary facilities incidental to the workshop uses. Any other dwelling or habitable spaces or facilities are prohibited.
§ 260-49 Off-street parking.
A cluster development shall be provided with off-street parking facilities in accordance with these provisions. These facilities shall be clearly shown on all development plans, with driveways, turning areas and parking spaces fully dimensioned.
B.
Number of spaces.
(1)
Not less than two spaces shall be provided for use by the resident occupants of each dwelling unit.
(2)
Not less than one space for every four dwelling units shall be provided for use by visitors.
(3)
Additional spaces shall be provided as required to accommodate development management and maintenance personnel and vehicles.
C.
Location of spaces.
(1)
No parking space shall access directly to any public street nor to the cartway of any access roadway.
(2)
Parking facilities may be included on individual lots.
(3)
Parking facilities may be provided in multiple-space parking compounds.
(4)
Parking spaces intended for use by resident occupants of a dwelling unit shall be not more than 150 feet from the dwelling.
(5)
Visitor parking spaces shall be provided among those intended for use by resident occupants.
D.
Turnaround areas. All parking facilities shall include sufficient turnaround areas to permit vehicles entering a public street or private access roadway by forward movement.
§ 260-50 Walkway system.
A.
Standard sidewalks shall be provided along both sides of all public streets.
B.
Individual or cluster lots located along access roadways shall be interconnected by a system of circulation walkways, which shall also connect to the public street sidewalks. These circulation walkways may be independent of or may be parallel to and included in the access roadways.
C.
Entrance walkways shall connect building entrances to a public street sidewalk, a circulation walkway or to an off-street parking facility.
D.
Multiple-space parking compounds shall include circulation walkways generally and appropriately along their perimeters. The circulation walkways shall extend to the entrance walkways of the dwellings served by the parking compound.
§ 260-51 Utility services.
Cluster development proposals and development plans shall include detailed information on utility services in compliance with Borough standards and specifications, as herein required:
A.
Development plans shall show the locations and easements for distribution systems for cable communications, electric power, and gas and telephone services.
B.
Development plans shall describe the proposed solid waste collection arrangements and shall describe and show the location of all solid waste storage facilities in the development. A storage facility shall be provided on each lot. For lots containing more than one dwelling, a common facility may be provided.
C.
A cluster development shall not be approved unless the sanitary sewer system is to be connected to the public sewer system. The development plan shall show the locations of the sewer collection lines and manholes, connection thereof to the public system, all related easements and pipe sizes and shall include the collection system profiles.
D.
A cluster development shall not be approved unless the water supply distribution system is supplied from the public water system or from an equivalent system.
(1)
The water supply system shall provide minimum water flows and fire hydrant locations acceptable to the Middletown Fire Department.
(2)
The locations of the water mains and fire hydrants and connection to the public system shall be shown on the development plan, including related easements and pipe sizes.
(3)
If an alternative, equivalent supply system is proposed, the development plan shall include detailed information on water sources, locations, water flow rates, storage and pressure capacities and related information on construction and maintenance of the system.
§ 260-52 Impervious coverage limitation.
The total impervious coverage in a cluster development shall not exceed 30% of the land area, as herein provided.
A.
B.
The limitation described above shall be observed for the cluster development as a whole, not for individual or condominium lot areas, and shall also be observed for any portion or section of a cluster development proposed for final approval.
C.
The site data summation on all preliminary and final development plans shall include the land areas and percentages for total land area, land area of public streets, land area for access roadways, land area for circulation walkways, net land area, land area for dwelling structures, including patios or other covered areas, land area for accessory buildings and structures, land area for off-street parking, land area for entrance walkways, land areas covered for recreation, community center or maintenance facilities, and any other covered areas.
§ 260-53 Buffer areas.
Cluster developments shall be provided with buffer areas along all tract property lines. To the extent feasible, all existing natural buffer areas shall be retained. Along all other property lines, a buffer area shall be constructed. The cluster development plan shall include a buffer area plan.
A.
The buffer area plan shall designate and describe all natural areas to be retained.
B.
The buffer area plan shall designate all constructed buffer areas and shall include a construction and planting scheme.
(1)
Constructed buffers shall, as a minimum, be provided with at least two staggered rows of evergreen trees at least six feet in height, spaced not more than 10 feet apart. Additional plant materials and earthen mounding are encouraged to soften the linear appearance of the tree rows.
(2)
The buffer area plan shall show the locations, sizes and species of plantings and the elevational treatment.
§ 260-54 Common lands and open space.
All land areas in a cluster development which are not included in individual or condominium lots or in public streets or access roadways shall be included in designated common land areas.
A.
The development plan shall describe each common land area by metes and bounds and show its size.
B.
The site data summation on all preliminary and final plans shall show the total area of all included common lands and percentage thereof of the total land area.
C.
Common land areas may contain community center facilities, development maintenance facilities, active and passive recreation areas and storm drainage facilities.
D.
All common land areas shall have direct access on a public street or access roadway.
E.
Larger common land areas should have multiple access points related to size, location and usability.
F.
The provision of nature trails in land areas so suited is encouraged.
G.
The cluster development maintenance program shall include specific provisions for the care and maintenance of all common land areas and all facilities developed thereon.
H.
Land covenant or deed restriction provisions, to establish the common land areas and limitations of use thereof in perpetuity, shall be submitted for review and approval by the Borough. These provisions shall describe the rights and responsibilities of all dwelling unit occupancies, both on individual and condominium lots.
§ 260-55 Signs.
The types, sizes and placement of signs in a cluster development shall be in accordance with the provisions of Article XVII of this chapter as applicable to residential districts.
§ 260-56 Fences and walls.
Except as otherwise specified for particular dwelling types in the sections above, fences or walls in a cluster development shall be in accordance with the provisions of § 260-153.
§ 260-57 Procedures for designation of district.
Proposals to replace an existing R-1 or R-1A Residential District designation with an R-C designation shall be made and considered for approval in accordance with the provisions herein, in accordance with other applicable provisions of this chapter and pursuant to the provisions for a change or amendment of zoning regulations of the Pennsylvania Municipalities Planning Code, as amended.[1]
A.
Consideration of changing the designation of a land area may be initiated by the Middletown Borough Planning Committee or by the Middletown Borough Council.
(1)
Prior to proceeding in accordance with § 260-232 of this chapter, a clear description of the land area to be considered shall be prepared.
(a)
For the purposes of public notice display, the area shall be clearly delineated on a copy of the Borough Zoning Map.
(b)
For the purposes of public notice publication, a description utilizing commonly identifiable boundaries, such as streets and alleys, to the extent practical, shall be prepared.
(2)
For the purposes of public notice publications, a statement of the reasons for considering the application of the R-C District to the land area shall be prepared.
(a)
The statement shall indicate how the permission for cluster development is in harmony with the general purposes, goals, objectives and standards of the Borough Comprehensive Plan.
(b)
The statement shall describe the particular reasons for permitting cluster development, such as special housing objectives or physical features of the land area particularly appropriate for such development.
(c)
The amount of development to be expected under the cluster permission shall be compared with the amount which could be expected under standard development regulations.
(d)
The availability of adequate public sanitary sewer and water supply shall be described, and the effect of development traffic on the streets providing access shall be indicated.
B.
Consideration of changing the designation of a land area may be requested by a landowner or by a developer having the permission of the landowner. Such requests shall be submitted and processed by the Borough, as provided herein.
(2)
Submission of the request shall include the payment to the Borough in accordance with the schedule of fees and a written agreement to pay any excess of costs exceeding that amount.
(3)
The submission shall include a concept plan for the development, which provides the following information:
(a)
A location plan showing the land area and surrounding areas of the Borough, including identification of all streets and alleys, and the existing zoning districts.
(b)
A property plan plotting the tract boundaries by metes and bounds, showing all included, adjacent or associated streets or alleys, locating and describing all other easements, providing topographic contour information and all other salient physical features, indicating the existing uses of all adjacent lands and showing the location of the existing sanitary sewer and water supply systems to which the development would be connected.
(c)
A development concept plan which provides the following information:
[1]
Proposed types and mix of dwellings;
[2]
Expected locations of all residential structures;
[3]
Proposed nondwelling buildings and facilities, locations and uses;
[4]
Public streets to be constructed;
[5]
Access roadways to be provided;
[6]
Off-street parking facilities;
[7]
Stormwater drainage facilities;
[8]
Walkway system;
[9]
Buffer areas, natural and constructed;
[10]
Total tract area, total dwelling units and density; and
(d)
A report addressing the following:
[1]
The capacity of the sanitary sewer system to handle the flow from the development at the point at which it would be connected;
[2]
The capacity of the public water supply system to supply the necessary domestic and firefighting water flow at the point at which it would be connected and any additional facility which would be required, or a description of an alternative system to be constructed, having adequate capacities; and
[3]
The effect of development traffic on the public streets which provide access to the development tract.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 260-58 Development plan requirements.
Applications for approval of development of land zoned R-C Residential District, Cluster, shall be submitted and processed as provided herein.
A.
Where the R-C District was established by Borough initiative, a concept plan in accordance with § 260-57 shall be submitted for review and approval by the Borough Planning Committee and the Borough Council.
B.
Following approval of a concept plan as required in Subsection A immediately above or approval of an R-C District upon a landowner/developer request submitted and processed in accordance with § 260-57B, a preliminary and final plat(s), supporting plans and documents shall be submitted for approval in accordance with Chapter 238, Subdivision of Land.
§ 260-59 Walkway specifications.
A.
A circulation walkway is an improved pedestrian passageway proposed and approved in a land development plan to provide for general pedestrian circulation in a development where access roadways are approved or as may otherwise be required for approval of the development. Circulation walkways shall have a minimum width of four feet and shall be either concrete or bituminous construction as follows:
(1)
Concrete construction.
(a)
Provide concrete with a minimum twenty-eight-day strength (f'c) of 3,000 pounds per square inch and with air-entraining admixture. Provide 3.5% minimum to 7.5% maximum of entrained air.
(b)
Form the foundation at a depth of four inches below the finished grade of the walkway. Thoroughly compact the foundation to a firm even surface.
(c)
Place concrete four inches deep. Provide a broom finish, finished transversely for the full width of the walkway. Form outside edges and joints with a one-fourth-inch-radius edging tool. Form transverse dummy joints at five-foot intervals approximately 1/8 inch wide and at least one inch deep.
(d)
Place one-half-inch premolded expansion joint material for the full depth of the walkway at thirty-foot maximum intervals.
(e)
Cure the concrete by either wet curing for seven days or through the use of a liquid chemical curing compound.
(2)
Bituminous construction.
(a)
Install a base course of four inches minimum compacted depth on a compacted subgrade. Provide No. 2A coarse aggregate in accordance with PennDOT Specification Pub. 408, Section 703, as last amended.
(b)
Provide a bituminous binder course of two inches minimum compacted depth in accordance with PennDOT Specification Pub. 408, Section 408, as latest amended.
(c)
Provide a bituminous wearing course of one inch minimum compacted depth in accordance with PennDOT Specification Pub. 408, Section 420, as latest amended.
(d)
Construct the bituminous course in accordance with PennDOT Specification Pub. 408, Section 401.3, as latest amended.
B.
An "entrance walkway" is an improved pedestrian passageway connecting a building entrance to a public street sidewalk, to a circulation walkway or to other areas.