Muhlenberg Township
City Zoning Code
City Zoning Code
ARTICLE VII
Residential Land Use and Development Requirements
§ 355-41 Statement of intent.
A.
The intent of Article VII is to develop certain land use and development requirements for residential uses within Muhlenberg Township. The provisions of Article VII are intended to supplement and not replace the zoning district regulations which are further specified under Article IV of this chapter.
B.
For the purposes of this chapter, "residential uses" shall include all single-family detached dwelling units, single-family semidetached dwelling units, two-family detached dwelling units, townhouse units, apartment units, condominiums, multifamily units, mobile homes, or other residential use specified within this chapter of the Code where primary occupancy for residential use shall apply to the existing or proposed use.
C.
The regulations established under Article VII of this chapter shall be subject to the interpretation of the Muhlenberg Township Zoning Officer or other qualified professional, as designated by the Board of Commissioners. Should a dispute arise concerning the interpretation of these supplementary regulations, the person aggrieved by the interpretation may file an appeal with the Zoning Hearing Board. In all cases, the burden of proof and submission of technical evidence shall be the responsibility of the person appealing the interpretation of the Zoning Officer or other qualified professional, as designated by the Board of Commissioners.
§ 355-42 Single-family detached residential uses.
A.
Single-family detached residential units, as defined under Article II of this chapter, are a permitted use within Muhlenberg Township as follows:
B.
Unless otherwise specified by this chapter, all single-family detached dwelling units shall be located on approved residential lots which comply with the minimum and maximum dimensional requirements as well as the utility provisions which are further specified by the appropriate zoning district in which the single-family detached residential unit is located.
C.
Where required to comply with the provisions of the Muhlenberg Township Code, a subdivision plan and/or land development plan shall be submitted to Muhlenberg Township for review and consideration prior to the issuance of a building permit for a single-family detached residential use. If a subdivision or land development plan is required, the plan shall be prepared to comply with the appropriate provisions of Chapters 310 and 355 of the Code.
D.
All typical accessory uses and structures to a single-family detached residential unit shall be permitted, provided: they are located on the same lot as the single-family detached unit; they are clearly subordinate to the single-family detached residential unit; they have been properly addressed as part of the application for a building permit, subdivision plan or land development plan; and/or they comply with all other supplemental development and design requirements specified within the chapter.
§ 355-43 Single-family semidetached residential uses.
A.
Single-family semidetached residential units, as defined under Article II of this chapter, are a permitted use by right within the R-3, R-4, R-5, C-1 and SA-1 Zoning Districts.
B.
Unless otherwise specified by this chapter, all single-family semidetached dwelling units shall be located on individually approved residential lots which comply with the minimum and maximum dimensional requirements as well as the utility provisions which are further specified by the appropriate zoning district in which the single-family semidetached residential unit is located.
C.
Unless otherwise permitted by this chapter, each residential semidetached unit shall be considered as a principal use and shall be contained within a residential lot meeting the individual dimensional and utility requirements for a semidetached unit. Each residential lot shall be accurately described by bearings and distances, which shall be recorded as a separate deed.
D.
The common wall separating the residential semidetached units shall be considered the common lot line, as extended from the front property line to the rear property line. The side-yard setback requirements shall not apply to any part of the principal residential use, however, the side-yard setback requirement for all accessory buildings and/or uses should be measured at least 10 feet from the common lot line.
E.
Where required to comply with the provisions of the Muhlenberg Township Code, a subdivision plan and/or land development plan shall be submitted to Muhlenberg Township for review and consideration prior to the issuance of a building permit for a single-family semidetached residential use. If a subdivision or land development plan is required, the plan shall be prepared to comply with the appropriate provisions of Chapters 310 and 355 of the Code.
F.
All typical accessory uses and structures to a single-family semidetached residential unit shall be permitted, provided: they are located on the same lot as the single-family semidetached unit; they are clearly subordinate to the single-family semidetached residential unit; they have been properly addressed as part of the application for a building permit, subdivision plan or land development plan; and/or they comply with all other supplemental development and design requirements specified within the chapter.
§ 355-44 Two-family detached residential uses.
A.
Two-family detached residential units, as defined under Article II of this chapter, are a permitted use by right within the R-4, R-5 and SA-1 Zoning Districts.
B.
Unless otherwise specified by this chapter, all two-family detached dwelling units shall be located on approved residential lots which comply with the minimum and maximum dimensional requirements as well as the utility provisions which are further specified by the appropriate zoning district in which the two-family detached residential unit is located.
C.
Unless otherwise permitted by this chapter, each two-family detached residential unit shall be considered as two principal uses, which shall be contained within a residential lot meeting the dimensional requirements for two-family detached residential units and which shall have separate utility connections to each residential unit. Each residential lot and unit shall be accurately described by defined parameters, which shall be recorded as separate deeds.
D.
Where required to comply with the provisions of the Muhlenberg Township Code, a subdivision plan and/or land development plan shall be submitted to Muhlenberg Township for review and consideration, prior to the issuance of a building permit for a two-family detached residential use. If a subdivision or land development plan is required, the plan shall be prepared to comply with the appropriate provisions of Chapters 310 and 355 of the Code.
E.
All typical accessory uses and structures to a two-family detached residential unit shall be permitted, provided: they are located on the same lot as the two-family detached unit; they are clearly subordinate to the two-family detached residential unit; they have been properly addressed as part of the application for a building permit, subdivision plan or land development plan; and/or they comply with all other supplemental development and design requirements specified within the chapter.
§ 355-45 Multifamily townhouse uses and developments.
A.
Multifamily townhouse units, as further defined under Article II of this chapter, are permitted within the R-4, R-5 and C-1 Zoning Districts.
§ 355-46 Multifamily townhouse uses and developments with 10 or fewer dwelling units.
A.
Multifamily townhouse unit developments containing 10 or fewer townhouse units as a cumulative total are permitted by right in the R-4, R-5 and C-1 Zoning Districts, subject to the following general design requirements:
(2)
All of the uses contained within the development shall be served by public sanitary sewage disposal facilities. As part of the subdivision and/or land development plan application, the applicant shall provide evidence that there are sufficient capacities to service the development in accordance with the terms specified on all pertinent municipal agreements.
(3)
All of the uses contained within the development shall be served by public water supply facilities. As part of the subdivision and/or land development plan application, the applicant shall provide evidence that there are sufficient capacities to service the development in accordance with the terms specified on all pertinent municipal agreements.
B.
The multifamily townhouse unit development shall be designed to comply with the following minimum and maximum dimensional requirements:
(1)
The minimum width of an individual townhouse unit shall be 20 feet.
(3)
The number of townhouse units attached in a common row shall not exceed eight attached townhouse units.
(4)
The maximum height of a townhouse unit shall be 35 feet.
(5)
No more than 40% of the total area of the development shall be covered by buildings.
(6)
No more than 60% of the total area of the development shall be covered by impervious surfaces.
C.
The multifamily townhouse unit development shall be designed in accordance with the following architectural, landscaping and exterior enhancement standards:
(1)
The development shall be designed with regard to the topographic and natural features of the site. The purpose of this provision is to ensure that the natural features of the development are preserved and protected to the extent that it is not necessary to disturb the site in order to implement the conditional use plan utilizing the objective criteria and standards of Chapters 355 and 310 of this Code relating to the proposed housing types, street locations and required infrastructure and their intended location within the site.
(2)
A preliminary grading plan shall be developed to identify the limits of disturbance for all municipal site improvements within the multifamily townhouse unit development, depicting the proposed location thereof in relation to lakes, ponds, streams, floodplains, wetlands, tree masses and hedgerows. Design components shall be implemented to minimize extensive earthmoving, utilizing typical planning and engineering practices.
(3)
A landscaping plan shall be submitted to Muhlenberg Township for consideration as part of the conditional use application. Unless otherwise permitted by the Board of Commissioners, the applicant shall provide two new trees per townhouse unit. The trees should be a minimum caliper of 2.5 inches in caliper and shall be planted either as street trees, as part of the buffer yard, or within the areas designated as common open space.
(4)
The use of on-street parking shall be subject to the approval of the Board of Commissioners.
(5)
Exterior common storage areas for trash and rubbish shall be completely screened from view on three sides by fencing and landscaping. All trash and rubbish shall be contained in verminproof containers.
§ 355-47 Multifamily townhouse uses and developments with more than 10 dwelling units.
A.
All multifamily townhouse unit developments containing more than 10 townhouse units as a cumulative total are permitted by conditional use within the R-4, R-5 and C-1 Zoning Districts, subject to the following general design requirements:
(1)
A minimum of five contiguous acres shall be required for townhouse unit developments containing more than 10 townhouse units within the R-4, R-5 and C-1 Zoning Districts. The minimum amount of contiguous land area required for a townhouse unit development shall be as follows: "Contiguous land area" shall be defined as a parcel of land that is owned under a single deed or parcels of land that are owned under multiple deeds, provided that the parcels of land are contiguous to each other, having common deed boundaries and are not physically separated by parcels of land owned by other individuals or parties. The Board of Commissioners shall consider contiguous parcels of land that are physically separated by existing public roads, utility easements or rights-of-way, streams and/or other natural features, provided that the applicant demonstrates that the multifamily townhouse unit development can be harmoniously designed.
(2)
Unless otherwise permitted by Muhlenberg Township, the provisions specified under § 355-46 of this chapter shall only apply to infill development and design alternatives.
(3)
All of the uses contained within the development shall be served by public sanitary sewage disposal facilities. As part of the conditional use application, the applicant shall provide evidence that there are sufficient capacities to service the development in accordance with the terms specified on all pertinent municipal agreements.
(4)
All of the uses contained within the development shall be served by public water supply facilities. As part of the conditional use application, the applicant shall provide evidence that there are sufficient capacities to service the development in accordance with the terms specified on all pertinent municipal agreements.
(5)
The maximum permitted residential density (townhouse units per gross acre) for multifamily townhouse unit developments shall be as follows:
(6)
A minimum of 50% of the gross area of the multifamily townhouse unit development shall be set aside as common open space. Where the required area for common open space cannot be properly designed and located based upon the size and shape of the parcel of land being developed, the Board of Commissioner may evaluate and approve alternative concept plans as part of the conditional use application, which may include off-site land dedication, recreation impact fee in lieu of land dedication for open space, or a combination of alternatives to meet the community objectives for open space within Muhlenberg Township.
B.
The multifamily townhouse unit development shall be designed to comply with the following minimum and maximum dimensional requirements:
(1)
The minimum width of an individual townhouse unit shall be 20 feet.
(2)
The building setback line should be established 20 feet from the right-of-way line or 30 feet from the curbline.
(3)
The minimum building separation from other groups of townhouse units shall be as follows:
(4)
All townhouse units within the development shall be located at least 20 feet from the right-of-way line or 30 feet from all other property lines or property which is not owned by the applicant in predevelopment conditions.
(5)
The number of townhouse units attached in a common row shall not exceed eight attached townhouse units.
(6)
The maximum height of a townhouse unit shall be 35 feet.
(7)
No more than 30% of the total area of the development shall be covered by buildings.
(8)
No more than 50% of the total area of the development shall be covered by impervious surfaces.
C.
The multifamily townhouse unit development shall be designed in accordance with the following architectural, landscaping and exterior enhancement standards:
(1)
The development shall be designed with regard to the topographic and natural features of the site. The purpose of this provision is to ensure that the natural features of the development are preserved and protected to the extent that it is not necessary to disturb the site in order to implement the conditional use plan utilizing the objective criteria and standards of Chapters 355 and 310 of this Code relating to the proposed housing types, street locations and required infrastructure and their intended location within the site.
(2)
A preliminary grading plan shall be developed to identify the limits of disturbance for all municipal site improvements within the multifamily townhouse unit development, depicting the proposed location thereof in relation to lakes, ponds, streams, floodplains, wetlands, tree masses and hedgerows. Design components shall be implemented to minimize extensive earthmoving, utilizing typical planning and engineering practices.
(3)
The applicant shall give special attention to the main entrance(s) to the multifamily development. The use of lighting, water and/or landscaping products in conjunction with a boulevard street design may be provided and considered as a prominent feature of the development. A boulevard entrance shall be required unless otherwise approved by the Board of Commissioners as part of the conditional use application.
(4)
The use of on-street parking shall be subject to the approval of the Board of Commissioners.
(5)
A landscaping plan shall be submitted to Muhlenberg Township for consideration as part of the conditional use application. Unless otherwise permitted by the Board of Commissioners, the applicant shall provide three new trees per townhouse unit. The trees should be a minimum caliper of 2.5 inches and shall be planted either as street trees, as part of the buffer yard, or within the areas designated as common open space.
(6)
The multifamily development shall provide a ten-foot-wide buffer yard and planting screen along the property lines at the perimeter of the development tract to enhance the privacy of the adjacent property owners. The design of the landscape and planting screen shall be subject to the reasonable approval of the Board of Commissioners. The use of existing mature trees (six inches in caliper, as measured four feet from the ground) is encouraged and may be utilized as part of the required buffer yard.
(7)
Townhouse units shall be constructed utilizing mansards, gables and/or hip roofs as part of the architectural design. The front building lines or facade of any two adjoining townhouse units shall be staggered or offset, so that each townhouse unit will have a minimum horizontal separation (front to back at full height) of two feet.
(8)
In addition to the provisions specified under Article X of this chapter, the common off-street parking areas and access drives shall be designed considering the following requirements:
(a)
The parking areas shall not be designed or located to require cars to back into streets in order to leave the parking areas. All dead-end parking lots shall provide adequate areas in which emergency and commercial vehicles can safely maneuver.
(b)
Common parking areas and access drives shall be located a minimum of 20 feet from all structures and from the exterior lot lines of the development.
(c)
In order to satisfy the requirements for off-street parking for the townhouse development, the use of on-street parking may be considered as an alternative to off-street parking. This alternative shall be subject to the approval of the Board of Commissioners, as part of the conditional use hearing.
(d)
The entrance and exit ways to parking areas shall have a minimum width of 12 feet for each lane of traffic entering or leaving the areas.
(e)
Parking areas shall be designed to prevent through traffic to other parking areas. No more than 60 off-street parking spaces shall be accommodated in any one parking area. All common parking areas shall be sufficiently screened and landscaped in accordance with the standards specified under § 355-102 of this chapter.
(f)
Entrances to and exits from common parking areas shall be located a minimum of 150 feet from the point of intersection of the nearest street curblines.
(g)
Exterior storage areas for trash and rubbish shall be completely screened from view on three sides by fencing and landscaping. All trash and rubbish shall be contained in verminproof containers.
D.
The design of the land or water areas designated as common open space shall comply with the following standards and specifications:
(1)
A minimum of 50% of the gross area of the development tract shall be set aside as common open space. Where the required area for common open space cannot be properly designed and located based upon the size and shape of the parcel of land being developed, the Board of Commissioners may evaluate and approve alternative concept plans, as part of the conditional use application, which may include: off-site land dedication; recreation impact fee in lieu of land dedication for open space; or a combination of alternatives to meet the community objectives for open space within Muhlenberg Township.
(2)
No more than 50% of the common open space shall be located on lands within areas that are located within the one-hundred-year floodplain, areas delineated as wetlands and/or areas exceeding 20% in slope.
(3)
No more than 50% of the common open space shall include land areas that are burdened by or are proposed to contain utilities easements and/or stormwater management facilities, as further described under the Muhlenberg Township Code.
(4)
The common open space shall be planned and located as a contiguous accessible area within the development. Existing and/or proposed roads may bisect the areas designated as common open space, provided a crosswalk at grade is safely designed to link the common open space areas. Planned linkages to other common open space areas within other adjacent residential developments shall be considered by the applicant as part of the conditional use application.
(5)
Significant natural features shall be incorporated into the overall schematic of the design as common open space areas whenever possible.
(6)
A system for pedestrian circulation throughout the development shall be provided by utilizing sidewalks and trails.
(7)
The total land area designated to comply with the minimum open space requirements shall be comprised of areas not less than 25 feet in width and shall not contain less than one contiguous acre of land. In addition, there shall be at least one designated common area that is contiguous within the multifamily townhouse unit development, containing no less than 25% of the required open space.
(8)
For all common open spaces, satisfactory written agreements approved by the Board of Commissioners shall be executed as a declaration of easements, covenants and restrictions in perpetuity for the preservation of the common open spaces and shall be recorded with the final plan.
(9)
The applicant shall make arrangements, provisions and/or agreements to ensure that the common open space shall continue to be adequately managed and maintained. The applicant shall have the following options for ownership, management and maintenance of the common open space:
(a)
Dedicate the land encompassing the common open space to a homeowners' association, which is comprised of all the residents of the development; or
(b)
Dedicate the land encompassing the common open space to Muhlenberg Township, which shall have the option to accept or refuse the land offered for dedication
(10)
The provisions specified herein for common open space do not relieve the applicant of other requirements for open space and recreation, as specified within the Muhlenberg Township Code, with which the applicant shall comply.
E.
In addition to the townhouse units, the proposed multifamily development may contain the following nonresidential uses, provided they are considered as part of the conditional use application:
(1)
Office space consisting of no more than 5,000 square feet and utilized for the purposes of conducting customary business, sales, meetings and/or maintenance, which are directly associated with the multifamily townhouse unit development and which are owned and operated by the developer or homeowners' association.
(2)
Indoor recreation and/or community center consisting of no more than 10,000 square feet and utilized exclusively by the residents of the multifamily townhouse unit development.
(3)
Active and passive recreation uses conducted on the areas designated as common open space.
§ 355-48 Multifamily apartment uses and developments.
A.
Multifamily apartment units, as defined under Article II of this chapter, are a permitted conditional use within the R-5 Zoning District.
B.
All multifamily apartment unit developments shall be designed in accordance with the following general design requirements:
(1)
The minimum amount of land in the development shall be 10 contiguous acres. "Contiguous land area" shall be defined as a parcel of land that is owned under a single deed or parcels of land that are owned under multiple deeds, provided that the parcels of land are contiguous to each other, having common deed boundaries, and are not physically separated by parcels of land owned by other individuals or parties. The Board of Commissioners shall consider contiguous parcels of land that are physically separated by existing public roads, utility easements or rights-of way, streams and/or other natural features, provided that the applicant demonstrates that the multifamily apartment unit development can be harmoniously designed.
(2)
All of the uses contained within the development shall be served by public sanitary sewage disposal facilities. As part of the conditional use application, the applicant shall provide evidence that there are sufficient capacities to service the development in accordance with the terms specified on all pertinent municipal agreements.
(3)
All of the uses contained within the development shall be served by public water supply facilities. As part of the conditional use application, the applicant shall provide evidence that there are sufficient capacities to service the development in accordance with the terms specified on all pertinent municipal agreements.
(4)
The maximum permitted residential density (apartment units per gross acre) for multifamily apartment unit developments shall be 10 apartment units per gross acre.
(5)
A minimum of 60% of the gross area of the multifamily apartment unit development shall be set aside as common open space.
C.
The multifamily apartment unit development shall be designed to comply with the following minimum and maximum dimensional requirements:
(1)
The total number of individual apartment units contained within a single building shall not exceed 25 apartment units.
(2)
The building setback line should be established 50 feet from the right-of-way line or 60 feet from the curbline.
(3)
The minimum building separation from other groups of apartment units shall be as follows:
(4)
The maximum length of any building occupying individual apartment units shall not exceed 160 feet.
(5)
The maximum depth of any building occupying individual apartment units shall not exceed 80 feet.
(6)
All apartment units within the development shall be located at least 50 feet from any public street right-of-way or property line which is not owned by the applicant in predevelopment conditions.
(7)
No more than 25% of the total area of the development shall be covered by buildings.
(8)
No more than 40% of the total area of the development shall be covered by impervious surfaces.
(9)
The maximum building height shall be 45 feet.
D.
The multifamily apartment unit development shall be designed in accordance with the following architectural, landscaping and exterior enhancement standards:
(1)
The development shall be designed with regard to the topographic and natural features of the site. The purpose of this provision is to ensure that the natural features of the development are preserved and protected to the extent that it is not necessary to disturb the site in order to implement the conditional use plan, utilizing the objective criteria and standards of Chapters 355 and 310 of this Code relating to the proposed housing types, street locations and required infrastructure and their intended location within the site.
(2)
A preliminary grading plan shall be developed to identify the limits of disturbance for all municipal site improvements within the multifamily apartment unit development, depicting the proposed location thereof in relation to lakes, ponds, streams, floodplains, wetlands, tree masses and hedgerows. Design components shall be implemented to minimize extensive earthmoving, utilizing typical planning and engineering practices.
(3)
The applicant shall give special attention to the main entrance(s) to the multifamily development. The use of lighting, water and/or landscaping products in conjunction with a boulevard street design may be provided and considered as a prominent feature of the development. A boulevard entrance shall be required unless otherwise approved by the Board of Commissioners as part of the conditional use application.
(4)
A landscaping plan shall be submitted to Muhlenberg Township for consideration as part of the conditional use application. Unless otherwise permitted by the Board of Commissioners, the applicant shall provide three new trees per apartment unit. The trees should be a minimum of 2.5 inches in caliper and shall be planted either as street trees, as part of the buffer yard, or within the areas designated as common open space.
(5)
The multifamily development shall provide a twenty-foot-wide buffer yard and planting screen along the property lines at the perimeter of the development tract to enhance the privacy of the adjacent property owners. The design of the landscape and planting screen shall be subject to the reasonable approval of the Board of Commissioners. The use of existing mature trees (six inches in caliper as measured four feet from the ground) is encouraged and may be utilized as part of the required buffer yard.
(6)
Apartment units shall be constructed utilizing courtyards, common porticos, mansards, gables and/or hip roofs as part of the architectural design. Where feasible, the front building lines or facade of the common apartment building should be staggered or offset.
(7)
In addition to the provisions specified under Article X of this chapter, the common off-street parking areas and access drives shall be designed considering the following requirements:
(a)
The parking areas shall not be designed or located to require cars to back into streets in order to leave the parking areas. All dead-end parking lots shall provide adequate areas in which emergency and commercial vehicles can safely maneuver.
(b)
Common parking areas and access drives shall be located a minimum of 20 feet from all buildings and structures within the development. Common parking areas shall be a minimum of 20 feet from all street rights-of-way and exterior lot lines of the development.
(c)
The entrance and exit ways to parking areas shall have a minimum width of 12 feet for each lane of traffic entering or leaving the areas.
(d)
Parking areas shall be designed to prevent through traffic to other parking areas. No more than 60 off-street parking spaces shall be accommodated in any one parking area. All common parking areas shall be sufficiently screened and landscaped in accordance with the standards specified under § 355-102 of this chapter.
(e)
Entrances to and exits from common parking areas shall be located a minimum of 150 feet from the point of intersection of the nearest street curblines.
(8)
Exterior storage areas for trash and rubbish shall be completely screened from view on three sides by fencing and landscaping. All trash and rubbish shall be contained in verminproof containers.
E.
The design of the land or water areas which are to be designated as common open space shall comply with the following standards and specifications:
(1)
A minimum of 60% of the gross area of the development tract shall be set aside as common open space.
(2)
No more than 50% of the common open space shall be located on lands within areas that are located within the one-hundred-year floodplain, areas delineated as wetlands and/or areas exceeding 20% in slope.
(3)
No more than 50% of the common open space shall include land areas that are burdened by or are proposed to contain utilities easements and/or stormwater management facilities, as further described under the Muhlenberg Township Code.
(4)
The common open space shall be planned and located as a contiguous accessible area within the development. Existing and/or proposed roads may bisect the areas designated as common open space, provided a crosswalk at grade is safely designed to link the common open space areas. Planned linkages to other common open space areas within other adjacent residential developments shall be considered by the applicant as part of the conditional use application.
(5)
Significant natural features shall be incorporated into the overall schematic of the design as common open space areas whenever possible.
(6)
A system for pedestrian circulation throughout the development shall be provided by utilizing sidewalks and trails.
(7)
The total land area designated to comply with the minimum open space requirements shall be comprised of areas not less than 50 feet in width and shall not contain less than one contiguous acre of land. In addition, there shall be at least one designated common area that is contiguous within the multifamily apartment unit development, containing no less than 25% of the required open space.
(8)
For all common open spaces, satisfactory written agreements approved by the Board of Commissioners shall be executed as declarations of easements, covenants and restrictions in perpetuity for the preservation of the common open spaces and shall be recorded with the final plan.
(9)
The applicant shall make arrangements, provisions and/or agreements to ensure that the common open space shall continue to be adequately managed and maintained. The applicant shall have the following options for ownership, management and maintenance of the common open space:
(a)
Dedicate the land encompassing the common open space to a homeowners' association, which is comprised of all the residents of the development; or
(b)
Dedicate the land encompassing the common open space to Muhlenberg Township, which shall have the option to accept or refuse the land offered for dedication.
(10)
The provisions specified herein for common open space do not relieve the applicant of other requirements for open space and recreation as specified within the Muhlenberg Township Code, with which the applicant shall comply.
F.
In addition to the proposed apartment units, the proposed multifamily development may contain the following nonresidential uses, provided they are considered as part of the conditional use application:
(1)
Office space consisting of no more than 5,000 square feet and utilized for the purposes of conducting customary business, sales, meetings and/or maintenance, which are directly associated with the multifamily apartment unit development and which are owned and operated by the developer or homeowners' association.
(2)
Indoor recreation and/or community center consisting of no more than 10,000 square feet and utilized exclusively by the residents of the multifamily apartment unit development.
(3)
Active and passive recreation uses conducted on the areas designated as common open space.
§ 355-49 Single-family residential cluster developments.
A.
The purpose of this section of the chapter is to provide development and design standards for cluster developments containing single-family detached residential units. The objectives of these provisions are outlined as follows:
(1)
To provide an optional approach to community development with provisions to permit more efficient utilization of land and of community facilities and services.
(2)
To encourage innovative residential land development that will conserve open space and protect environmentally sensitive areas.
(3)
To endorse smart growth techniques and conservation design practices.
(4)
To efficiently utilize the remaining undeveloped land area within Muhlenberg Township.
(5)
To implement the recommendations concerning natural features, conservation management, utilities, transportation, housing, and land use, as outlined within the Comprehensive Plan.
B.
Cluster developments containing single-family detached residential units, as defined under Article II of this chapter, are a permitted conditional use within the R-1, R-2, R-3 and R-4 Zoning Districts.
C.
Cluster developments shall be designed in accordance with the following general design and eligibility requirements:
(1)
The minimum amount of land in the development shall be 10 contiguous acres. "Contiguous land area" shall be defined as a parcel of land that is owned under a single deed or parcels of land that are owned under multiple deeds, provided that the parcels of land are contiguous to each other, having common deed boundaries, and are not physically separated by parcels of land owned by other individuals or parties. The Board of Commissioners shall consider contiguous parcels of land that are physically separated by existing public roads, utility easements or rights-of way, streams and/or other natural features, provided that the applicant demonstrate that the single-family residential cluster development can be harmoniously designed.
(2)
All of the uses contained within the development shall be served by public sanitary sewage disposal facilities. As part of the conditional use application, the applicant shall provide evidence that there are sufficient capacities to service the development.
(3)
All of the uses contained within the development shall be served by public water supply facilities. As part of the conditional use application, the applicant shall provide evidence that there are sufficient capacities to service the development.
(4)
A minimum of 40% of the gross area of the single-family residential cluster development shall be set aside as common open space. The area designated as common open space shall comply with all provisions of this section of the chapter. Where conflicts exist, the provisions of this section shall apply.
(5)
The maximum permitted base residential density for cluster developments containing single-family detached residential units shall be as follows:
(6)
A density bonus of 0.1 dwelling unit per gross acre shall be added to the base residential density requirements for each of the following objectives achieved as part of the conditional use application:
(a)
The conditional use application provides additional consideration to on-site traffic, drainage and sanitary sewer improvements over and above what is otherwise required by ordinance, which are deemed necessary by the Muhlenberg Township Engineer to accommodate the residential density of the cluster development.
(b)
The conditional use application provides consideration for active recreation facilities on at least 20% of the land area designated as open space within the cluster development.
(c)
The conditional use application provides for passive recreation, educational and/or ecological opportunities that are considered schematically planned, contiguous and/or integrated with other passive recreation areas on at least 20% of the land area designated as open space within the cluster development.
(d)
The overall development is designed as an adult or age-qualified community.
(e)
The conditional use application is designed with a village atmosphere, with unique or enhanced architectural value, including utilizing natural building products for the building face (brick, stone or masonry products) and rooflines (mansards, gables or hip roof designs).
(f)
The conditional use application provides additional open space areas beyond the minimum requirement of 40% of the gross tract area, regardless of configuration, such that a 0.1 residential density bonus shall be incrementally applied for each additional 5% of the gross tract area that is designated as open space within the cluster development. The maximum residential density bonus for this provision shall not exceed 0.3 dwelling unit per acre.
(g)
The conditional use site plan is designed in an environmentally sensitive fashion that results in the preservation of mature trees, woodlands, steep slopes, floodplains and wetlands, such that a minimum of 70% of the gross area designated as open space shall not be disturbed by any site improvements and/or earth disturbance activities.
(h)
As part of the conditional use application, the applicant agrees to fund and complete substantial public improvements to mitigate one or more off-site impacts of the development, such as public streets and intersections, public stormwater management and water or sewer improvements identified by the Board of Commissioners as a means to significantly reduce the need for public expenditures to resolve clear public needs associated to any degree with the proposed conditional use development.
D.
The single-family detached residential units within the cluster development shall be designed to comply with the following minimum and maximum dimensional lot requirements:
(1)
The minimum net lot area for each individual residential lot shall be 5,000 net square feet.
(2)
The minimum lot width for each individual residential lot shall be 60 feet.
(3)
The minimum front-yard setback shall be 30 feet.
(4)
The minimum side-yard setback shall be 10 feet as measured on each side.
(5)
The minimum rear-yard setback shall be 20 feet.
(6)
The maximum building height shall be 35 feet.
(7)
The maximum building coverage shall be 40% for each lot.
(8)
The maximum lot coverage shall be 60% for each lot.
(9)
All proposed single-family detached residential units within the development shall be located at least 50 feet from any property line or property which is not owned by the applicant in predevelopment conditions.
E.
The cluster development shall be designed in accordance with the following planning and engineering considerations:
(1)
All land and water areas that are not utilized for lots, streets, utilities, or other permitted uses within the cluster development shall be set aside and maintained as common open space.
(2)
The minimum lot area required for each residential use shall not include land areas that are classified as being within the one-hundred-year floodplain, areas delineated as wetlands, areas within utility easements or rights-of-way, and/or areas exceeding 20% in slope.
(3)
The proposed residential lots and dwelling units within the cluster development shall not have direct access to an existing public street.
(4)
No more than four residential dwelling units shall be permitted around the circumference of any cul-de-sac bulb or turnaround.
(5)
An environmental impact assessment (EIA) report, conducted in accordance with the procedures and requirements specified by this chapter, shall be submitted with the conditional use application.
(6)
A traffic impact study (TIS) shall be conducted in order to assess both existing and future transportation conditions and needs within 3,000 feet of the tract boundary (regional study area). The applicant shall consult with the Muhlenberg Township Engineer to confirm the limits of the regional study area. The TIS shall be submitted with the conditional use application.
(7)
The applicant shall be responsible for designing, permitting and constructing at its expense all of the necessary on-site improvements that are required by the Muhlenberg Township Code to accommodate the proposed cluster development.
(8)
In addition to the interior parking spaces within garages, each single-family detached lot within the cluster development shall provide a minimum of two off-street parking spaces contiguous to the garage and located no closer than five feet to the side lot line. The proposed off-street parking spaces shall not exceed a grade of 5%.
F.
The cluster development shall be designed in accordance with the following architectural, landscaping and exterior enhancement standards:
(1)
The cluster development shall be designed with regard to the topographic and natural features of the site. The purpose of this provision is to ensure that the natural features of the development are preserved and protected to the extent that it is not necessary to disturb the site in order to implement the conditional use plan, utilizing the objective criteria and standards of Chapters 355 and 310 of this Code relating to the proposed housing types, street locations and required infrastructure and their intended location within the site.
(2)
The applicant shall consider the effects of seasonal temperatures, hours of sunlight, prevailing winds from adjacent land uses, and/or consequences from existing zoning districts that could create adverse impacts associated with weather, noise and/or odor. As part of the conditional use application, the applicant should comply with the following criteria:
(a)
The applicant should incorporate measures, such as landscaping, buffering and screening, to buffer existing land uses that may be construed as a nuisance due to noise or odor. As part of this requirement, the applicant should conduct an existing land use survey and zoning analysis to determine the extent to which such protective measures are appropriate.
(b)
The applicant shall consider seasonal temperatures and hours of sunlight in the physical layout and design of the proposed streets within the cluster development. As part of the conditional use application, the applicant shall demonstrate that all proposed roads servicing the residential units within the cluster development shall be designed strictly in accordance with the standards specified under Chapter 310, Subdivision and Land Development, of the Code. Design waivers concerning the internal street system shall only be considered where the applicant identifies protective measures designed to avoid traffic hazards to the general public and if those measures are endorsed by the Muhlenberg Township Engineer.
(3)
A preliminary grading plan shall be developed to identify the limits of disturbance for all municipal site improvements within the cluster development, depicting the proposed location thereof in relation to lakes, ponds, streams, floodplains, wetlands, tree masses and hedgerows. Design components shall be implemented to minimize extensive earthmoving, utilizing typical planning and engineering practices.
(4)
The applicant shall give special attention to the main entrance(s) to the cluster development. The use of lighting, water and/or landscaping products in conjunction with a boulevard street design may be provided and considered as a prominent feature of the cluster development. A boulevard entrance shall be required unless otherwise approved by the Board of Commissioners as part of the conditional use application.
(5)
A landscaping plan shall be submitted to Muhlenberg Township for consideration as part of the conditional use application. Unless otherwise permitted by the Board of Commissioners, the applicant shall provide three new trees per residential unit within the cluster development. The trees should be a minimum of 2.5 inches in caliper and shall be planted either as street trees, as part of the buffer yard, or within the areas designated as common open space.
(6)
The cluster development shall provide a twenty-five-foot-wide buffer yard and planting screen along the property lines at the perimeter of the development tract to enhance the privacy of the adjacent property owners. The design of the landscape and planting screen shall be subject to the reasonable approval of the Board of Commissioners. The use of existing mature trees (six inches in caliper as measured four feet from the ground) is encouraged and may be utilized as part of the required buffer yard.
(7)
The single-family detached residential units within the cluster development should be designed with a village atmosphere, with unique or enhanced architectural value, including utilizing natural building products for the building face (brick, stone or masonry products) and rooflines (mansards, gables or hip roof designs).
(8)
Exterior storage areas for trash and rubbish shall be completely screened from view on three sides by fencing and landscaping. All trash and rubbish shall be contained in verminproof containers.
(9)
The cluster development shall be designed to preserve and incorporate scenic, natural, historical and cultural features. As part of the conditional use application, the applicant shall comply with the following design requirements:
(a)
The conditional use plan shall incorporate, locate and identify within the development scenic vista points which will remain after construction of the proposed residential dwellings, other permitted uses, and related site improvements, and which will provide visual amenities to the development. Vista points may include unobstructed views looking into the development from adjacent public roads and unobstructed views within the development, each incorporating open space and/or other preserved natural features. The number of vistas shall be dependent upon the final design of the development, the tract size, and natural land features, and shall be subject to the reasonable discretion of the Board based upon those factors, provided approval shall not be withheld if the development meets the applicable objective criteria of this chapter and Chapter 310, Subdivision and Land Development, of the Code and provision is made for a reasonable number of scenic vistas within the development based upon the foregoing factors.
(b)
The applicant shall develop a plan to enhance each selected vista point by means of improving accessibility; creating pulpits or overlook points; providing pedestrian trails within common open space areas; establishing linkages to other recreation facilities or cultural resources within the common open space areas; integrating and improving historical structures; and/or creating protective habitats for environmentally sensitive areas. The design of enhancements to the vista points shall be determined by the applicant and shall be subject to the approval of the Board of Commissioners.
G.
The design of the land or water areas which are to be designated as common open space shall comply with the following standards and specifications:
(1)
A minimum of 40% of the gross area of the development tract shall be set aside as common open space.
(2)
No more than 50% of the common open space shall be located on lands within areas that are located within the one-hundred-year floodplain, areas delineated as wetlands and/or areas exceeding 20% in slope.
(3)
No more than 50% of the common open space shall include land areas that are burdened by or are proposed to contain utilities easements and/or stormwater management facilities, as further described within the Muhlenberg Township Code.
(4)
The common open space shall be planned and located as a contiguous accessible area within the development. Existing and/or proposed roads may bisect the areas designated as common open space, provided a crosswalk at grade is safely designed to link the common open space areas. Planned linkages to other common open space areas within other adjacent residential developments shall be considered by the applicant as part of the conditional use application.
(5)
Significant natural features shall be incorporated into the overall schematic of the design as common open space areas whenever possible.
(6)
A system for pedestrian circulation throughout the development shall be provided by utilizing sidewalks and trails.
(7)
The total land area designated to comply with the minimum open space requirements shall be comprised of areas not less than 50 feet in width and shall not contain less than one contiguous acre of land. In addition, there shall be at least one designated common area that is contiguous within the multifamily apartment unit development, containing no less than 25% of the required open space.
(8)
For all common open spaces, satisfactory written agreements approved by the Board of Commissioners shall be executed as declarations of easements, covenants and restrictions in perpetuity for the preservation of the common open spaces and shall be recorded with the final plan.
(9)
The applicant shall make arrangements, provisions and/or agreements to ensure that the common open space shall continue to be adequately managed and maintained. The applicant shall have the following options for ownership, management and maintenance of the common open space:
(a)
Dedicate the land encompassing the common open space to a homeowners' association, which is comprised of all the residents of the development; or
(b)
Dedicate the land encompassing the common open space to Muhlenberg Township, which shall have the option to accept or refuse the land offered for dedication.
H.
The provisions specified herein for common open space do not relieve the applicant of other requirements for open space and recreation as specified within the Muhlenberg Township Code, with which the applicant shall comply.
I.
In addition to the permitted single-family detached residential units, the proposed cluster development may contain the following nonresidential uses, provided they are considered as part of the conditional use application:
(1)
Office space consisting of no more than 5,000 square feet and utilized for the purposes of conducting customary business, sales, meetings and/or maintenance, which are directly associated with the cluster development and which are owned and operated by the developer or homeowners' association.
(2)
Indoor recreation and/or community center consisting of no more than 10,000 square feet and utilized exclusively by the residents of the cluster development.
(3)
Active and passive recreation uses conducted on the areas designated as common open space.
§ 355-50 Group homes.
A.
Group homes, as defined under Article II of this chapter, are permitted by conditional use within the R-1, R-2, R-3, R-4, R-5 and C-1 Zoning Districts.
B.
Unless otherwise specified by this chapter, all group homes shall be located within a permitted single-family dwelling on an approved lot which complies with the minimum and maximum dimensional requirements as well as the utility provisions which are further specified by the appropriate zoning district in which the single-family detached dwelling is located and as further specified by this chapter.
C.
All group homes shall be licensed by the appropriate local and state regulatory agencies prior to occupancy.
D.
All group homes shall be designed in accordance with the following general standards and requirements:
(1)
Unless otherwise directed by Muhlenberg Township, a site plan or land development plan shall be accurately prepared to a scale of one inch equaling 20 feet. The site plan or land development plan shall show the location and the dimensions of the group home, off-street parking areas, private entrances, walkways, fencing and landscaping.
(2)
Unless otherwise directed by Muhlenberg Township, architectural plans shall be accurately prepared at a legible scale. These plans shall show the dimensions, intended use and square footage of each room and storage area within the group home.
(3)
No group home shall be located within 1,000 linear feet of another group home, group institution, school, family day-care home, child day-care center.
(4)
One off-street parking space shall be provided per employee, computed on the basis of the estimated maximum number of employees that could be present at any given time, plus one space for each four patient or client beds within the group home. Garage space shall not be used in calculating off-street parking.
(5)
The premises at which the group home is located shall be owned or leased by the licensed social services agency sponsoring the group home.
(6)
No more than two live-in supervisors shall reside in a group home.
(7)
The only physical changes or alterations to the dwelling shall be those required by state and federal law. When the group home use is abandoned, the dwelling shall be restored to its single-family dwelling unit status.
(8)
The sponsoring social service agency shall provide documentation to the Zoning Officer and Code Enforcement Officer that all building, fire, plumbing, heating, electrical and similar facilities meet the standards established by the Muhlenberg Township Code and by the Commonwealth of Pennsylvania.
(9)
Although live-in supervision is not mandatory, the sponsoring social service agency shall provide documentation to the Zoning Officer and Board of Commissioners that the social service agency shall provide the residents of the group home with the physical safety and emotional support that may be required. Because the residents of the group home are likely to be suffering from a personal crises, some form of immediate contact with a counselor should be available 24 hours per day, seven days per week. Likewise, immediate contact with the sponsoring social service agency should be available to members, to the authorized representatives of Muhlenberg Township, or to members of the public who may be in need of the services of the group home.
(10)
No group home shall have more than five residents at any given time period, not including the live-in supervisors.
(11)
An emergency management plan must be developed in the event of a catastrophic event resulting from flooding, fire, snow, ice, earthquake, utility outage, or other catastrophe. The emergency management plan should be submitted to the Muhlenberg Township Emergency Management Coordinator for review and consideration prior to the issuance of the use and occupancy permit. The owner of the group home shall provide a copy of the emergency management plan to the social workers and tenants of the group home.
E.
As part of the conditional use application, the Board of Commissioners may impose other requirements deemed necessary or appropriate.
F.
All group homes shall be subject to an annual inspection by the Muhlenberg Township Zoning Officer, Code Enforcement Officer, Sewage Enforcement Officer and/or Municipal Authority.
§ 355-51 Group institutions.
A.
Group institutions, as defined under Article II of this chapter, are permitted by conditional use within the R-1, R-2, R-3, R-4, R-5 and C-1 Zoning Districts.
B.
Unless otherwise specified by this chapter, all group institutions shall be located on approved lots which comply with the minimum and maximum dimensional requirements as well as the utility provisions which are further specified by the appropriate zoning district in which the group institution is located.
C.
All group institutions shall be licensed by the appropriate local and state regulatory agencies prior to occupancy.
D.
All group institutions shall be designed in accordance with the following general standards and requirements:
(1)
Unless otherwise directed by Muhlenberg Township, a site plan or land development plan shall be accurately prepared to a scale of one inch equaling 20 feet. The site plan or land development plan shall show the location and the dimensions of the group institution, off-street parking areas, private entrances, walkways, fencing and landscaping.
(2)
Unless otherwise directed by Muhlenberg Township, architectural plans shall be accurately prepared at a legible scale. These plans shall show the dimensions, intended use and square footage of each room and storage area within the group institution.
(3)
No group institution shall be located within 1,000 linear feet of another group institution, group home, school, family day-care home, child day-care center.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4)
One off-street parking space shall be provided per employee, computed on the basis of the estimated maximum number of employees that could be present at any given time, plus one space for each four patient or client beds within the group institution. Garage space shall not be used in calculating off-street parking.
(5)
The premises at which the group institution is located shall be owned or leased by the licensed social services agency sponsoring the group institution.
(6)
A licensed physician, psychologist, counselor or social worker, who is either employed by or under contract through the social service agency sponsoring the group institution, shall be responsible for the assignment and care of the residents within the group institution.
(7)
At least one supervisor from the social service agency shall be on call 24 hours per day, seven days per week during occupancy of the group institution.
(8)
The dwelling unit shall not be changed or altered in any manner that would change the original character of the dwelling unit. The only physical changes or alterations to the dwelling shall be those required by state and federal law. When the group institution use is abandoned, the dwelling shall be restored to its single-family dwelling unit status.
(9)
The sponsoring social service agency shall provide documentation to the Zoning Officer and Code Enforcement Officer that all building, fire, plumbing, heating, electrical and similar facilities meet the standards established by the Muhlenberg Township Code and by the Commonwealth of Pennsylvania.
(10)
The group institutional use, by design and intent, shall be provided for the long-term needs of the residents and shall not accommodate the needs of transient individuals.
(11)
A group institution shall be intended to have more than six residents at any given time, not including the live-in supervisors.
(12)
An emergency management plan must be developed in the event of a catastrophic event resulting from flooding, fire, snow, ice, earthquake, utility outage, or other catastrophe. The emergency management plan should be submitted to the Muhlenberg Township Emergency Management Coordinator for review and consideration prior to the issuance of the use and occupancy permit. The owner of the group institution shall provide a copy of the emergency management plan to the social workers and tenants of the group institutional use.
E.
As part of the conditional use application, the Board of Commissioners may impose other requirements deemed necessary or appropriate.
F.
All group institutions shall be subject to an annual inspection by the Muhlenberg Township Zoning Officer, Code Enforcement Officer, Sewage Enforcement Officer and/or Municipal Authority.
§ 355-52 Convalescent homes and nursing homes.
A.
Convalescent homes, nursing homes, rehabilitation centers, assisted living care facilities and/or personal care facilities, as defined under Article II of this chapter, are permitted as a use by special exception within the R-2, R-3, R-4, R-5 and C-1 Zoning Districts.
B.
Unless otherwise specified by this chapter, all convalescent homes, nursing homes, rehabilitation centers, assisted living care facilities and/or personal care facilities shall be located on approved lots which comply with the minimum and maximum dimensional requirements as well as the utility provisions which are further specified by the appropriate zoning district in which the convalescent homes, nursing homes, rehabilitation centers, assisted living care facilities and/or personal care facilities is located.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
All convalescent homes, nursing homes, rehabilitation centers, assisted living care facilities and/or personal care facilities shall be designed in accordance with the following general standards and requirements:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
The facility shall be licensed or sanctioned by the Commonwealth of Pennsylvania.
(2)
The facility is operated by a qualified staff consisting of licensed physicians, psychologists, counselors, social workers, nurses and/or therapists, who are available to serve the special needs of the residents or patients who reside at the facility.
(3)
The owner or sponsoring agency of the facility shall provide documentation to the Zoning Officer that all building, fire, plumbing, heating, electrical and similar facilities meet the standards established by the Muhlenberg Township Code and by the Commonwealth of Pennsylvania.
(4)
At least one supervisor at the facility shall be on call 24 hours per day, seven days per week.
(5)
The facility shall provide suitable areas for off-street parking spaces, loading spaces, fire lanes and emergency vehicles.
(6)
Where appropriate, there shall be a twenty-five-foot-wide buffer yard and planting screen along the property lines at the perimeter of the facility to enhance the privacy of the adjacent property owners. The design of the landscape and planting screen shall be subject to the reasonable approval of the Board of Commissioners.
(7)
Active and passive recreation facilities may be permitted, provided that the uses are considered subordinate to the principal use.
(8)
An emergency management plan must be developed in the event of a catastrophic event resulting from flooding, fire, snow, ice, earthquake, utility outage, or other catastrophe. The emergency management plan should be submitted to the Muhlenberg Township Emergency Management Coordinator for review and consideration prior to the issuance of the use and occupancy permit. The owner of the facility shall provide a copy of the emergency management plan to the tenants of the convalescent home, nursing home, rehabilitation centers, assisted living care facility and/or personal care facility.
D.
As part of the special exception application, the Zoning Hearing Board may impose other requirements deemed necessary or appropriate.
E.
Where required to comply with the provisions of the Muhlenberg Township Code, a subdivision plan and/or land development plan shall be submitted to Muhlenberg Township for review and consideration prior to the issuance of a building permit for the convalescent home, nursing home, rehabilitation center, assisted living care facility and/or personal care facility. The subdivision or land development plan shall be prepared to comply with the appropriate provisions of Chapters 310 and 355 of this Code.
F.
All convalescent homes, nursing homes, rehabilitation centers, assisted living care facilities and/or personal care facilities shall be subject to an annual inspection by the Muhlenberg Township Zoning Officer, Code Enforcement Officer, Sewage Enforcement Officer and/or Municipal Authority.
§ 355-53 Age-qualified or continuing care retirement communities.
A.
The purpose of this section of the chapter is to provide development and design standards for age-qualified or continuing care retirement communities containing single-family detached units, townhouse units, apartment units and/or condominium units. The objectives of these provisions are outlined as follows:
(1)
To provide an optional approach for senior housing and community development with provisions to permit more efficient utilization of land and of community facilities and services.
(2)
To encourage innovative residential land development that will conserve open space and protect environmentally sensitive areas.
(3)
To efficiently utilize the remaining undeveloped land area within Muhlenberg Township while providing additional housing opportunities for persons over 55 years of age.
(4)
To implement the recommendations concerning natural features, conservation management, utilities, transportation, housing and land use, as outlined within the Comprehensive Plan.
B.
Age-qualified or continuing care retirement communities, as defined under Article II of this chapter, are a permitted conditional use within the R-3, R-4, R-5 and C-1 Zoning Districts.
C.
Age-qualified or continuing care retirement communities shall be developed, organized and operated in accordance with all state and federal laws relative to the housing of persons over 55 years of age. All such developments shall be required to incorporate deed restrictions as part of a homeowners' association or similar legal document to ensure that the age-qualified or continuing care retirement community is securely managed. All such deed restrictions shall be considered by Muhlenberg Township and recorded with the approved land development plan.
D.
All age-qualified or continuing care retirement communities shall be designed in accordance with the following general design and eligibility requirements:
(1)
The minimum amount of land in the development shall be five contiguous acres. "Contiguous land area" shall be defined as a parcel of land that is owned under a single deed or parcels of land that are owned under multiple deeds, provided that the parcels of land are contiguous to each other, having common deed boundaries, and are not physically separated by parcels of land owned by other individuals or parties. The Board of Commissioners shall consider contiguous parcels of land that are physically separated by existing public roads, utility easements or rights-of way, streams and/or other natural features, provided that the applicant demonstrates that the age-qualified or continuing care retirement community can be harmoniously designed as a unified development.
(2)
Residential uses containing single-family detached units, townhouses, apartments, condominiums and their accessory structures and uses may be permitted within an age-qualified or continuing care retirement community. Each residential use shall be located on land suitably zoned, and the site improvements shall be designed in an effort to protect significant natural features and environmentally sensitive land areas. Dimensional requirements for each permitted use are contained under this section of the chapter.
(3)
All of the uses contained within the development shall be served by public sanitary sewage disposal facilities. As part of the conditional use application, the applicant shall provide evidence that there are sufficient capacities to service the development in accordance with the terms specified on all pertinent municipal agreements.
(4)
All of the uses contained within the development shall be served by public water supply facilities. As part of the conditional use application, the applicant shall provide evidence that there are sufficient capacities to service the development in accordance with the terms specified on all pertinent municipal agreements.
(5)
A minimum of 40% of the gross area of the age-qualified or continuing care retirement community shall be set aside as common open space. The area designated as common open space shall comply with all provisions of this section of the chapter. Where conflicts exist with other provisions of the chapter, the provisions of this section of the chapter shall apply.
(6)
The maximum permitted base residential density for age-qualified or continuing care retirement communities containing single-family detached residential units shall be as follows:
E.
The single-family detached residential units within the age-qualified or continuing care retirement community shall be designed to comply with the following dimensional requirements:
(1)
Single-family detached units may be permitted within the R-3, R-4, R-5 and C-1 Zoning Districts.
(2)
All proposed single-family detached residential units contained within the development shall be located at least 40 feet from any property line or property which is not owned by the applicant in predevelopment conditions.
(3)
The minimum net lot area for each individual residential lot shall be 5,000 net square feet.
(4)
The minimum lot width for each individual residential lot shall be 60 feet.
(5)
The minimum front-yard setback shall be 30 feet.
(6)
The minimum side-yard setback shall be 10 feet as measured on each side.
(7)
The minimum rear-yard setback shall be 20 feet.
(8)
The maximum building height shall be 35 feet.
(9)
The maximum building coverage shall be 40% for each lot.
(10)
The maximum lot coverage shall be 60% for each lot.
F.
The townhouse units within the age-qualified or continuing care retirement community shall be designed to comply with the following design requirements.
(1)
Townhouse units may be permitted within the R-3, R-4, R-5 and C-1 Zoning Districts.
(2)
All proposed townhouse units contained within the development shall be located at least 40 feet from any property line or property which is not owned by the applicant in predevelopment conditions.
(3)
The minimum width of a townhouse unit shall be 20 feet.
(4)
The building setback line should be established 20 feet from the right-of-way line or 30 feet from the curbline of the interior streets of the development.
(5)
The minimum building separation from other groups of buildings within the development shall be 60 feet, regardless of the orientation of the building.
(6)
The number of townhouse units attached in a common row shall not exceed eight attached townhouse units.
(7)
The maximum height of a townhouse unit shall be 35 feet.
(8)
No more than 30% of the designated area for the townhouse units shall be covered by buildings.
(9)
No more than 50% of the designated area for the townhouse units shall be covered by impervious surfaces.
G.
The apartment or condominium units within the age-qualified or continuing care retirement community shall be designed to comply with the following design requirements:
(1)
Apartment or condominium units may be permitted within the R-4, R-5 and C-1 Zoning Districts.
(2)
All proposed apartment units or condominium units contained within the development shall be located at least 40 feet from any property line or property which is not owned by the applicant in predevelopment conditions.
(3)
The building setback line should be established 20 feet from the right-of-way line or 30 feet from the curbline of the interior streets of the development.
(4)
The minimum building separation from other groups of buildings within the development shall be 60 feet, regardless of the orientation of the building.
(5)
The maximum length of the façade of any building containing individual apartment or condominium units shall not exceed 250 feet, which shall be measured along one direction of the building facade.
(6)
The maximum depth of the façade of any building containing apartment or condominium units shall not exceed 100 feet, which shall be measured along one direction of the building facade.
(7)
The maximum height of the building shall be 35 feet. The maximum height may be increased to 45 feet or three floors, provided that a sprinkler system or other fire-suppression apparatus is installed as per code requirements and that adequate water supply and pressure is available for fire-suppression and -protection.
(8)
No more than 30% of the total area of the development shall be covered by buildings with occupying apartment or condominium units.
(9)
No more than 50% of the total area of the development shall be covered by impervious surfaces.
H.
A density bonus of 0.50 dwelling unit per gross acre may be added to the base residential density requirements for each design objective (as contained within this subsection) achieved as part of the conditional use application or the land development plan application. The maximum permitted density bonus shall not exceed 2.0 dwelling units per gross acre. As part of the conditional use application or land development plan application, Muhlenberg Township shall grant a density bonus for the following design objectives that can be achieved as a result of the application:
(1)
The age-qualified or continuing care retirement community provides consideration for active recreation facilities on at least 25% of the land area designated as open space within the development.
(2)
The age-qualified or continuing care retirement community provides for passive recreation, educational and/or ecological opportunities that are considered schematically planned, contiguous and/or integrated with other passive recreation areas on at least 25% of the land area designated as open space within the development.
(3)
The age-qualified or continuing care retirement community is designed with a village atmosphere with unique or enhanced architectural value, including utilizing natural building products for the building face (brick, wood, stone or masonry products) and rooflines (mansards, gables or hip roof designs).
(4)
The age-qualified or continuing care retirement community provides additional open space areas beyond the minimum requirement of 40% of the gross tract area, regardless of configuration, whereas a 0.50 residential density bonus shall be incrementally applied for each additional 5% of the gross tract area that is designated as open space within the development. The maximum density bonus for this provision shall not exceed 1.0 dwelling unit per acre.
(5)
The applicant agrees to provide additional consideration for on-site traffic, drainage, and public utility improvements over and above what is otherwise required by the chapter, which are deemed necessary by Muhlenberg Township to mitigate any existing or potential regional needs within the community.
(6)
The applicant agrees to fund and complete substantial public improvements to mitigate off-site impacts of the development, such as public streets and intersections, stormwater management facilities, sanitary sewer improvements and/or water supply improvements, which are identified by Muhlenberg Township as a means to significantly mitigate the need for public expenditures to resolve community needs associated to any degree with the proposed preliminary subdivision and land development plan development.
I.
The age-qualified or continuing care retirement community shall be designed in accordance with the following planning and engineering considerations:
(1)
A sketch plan shall be designed by the applicant, considering all of the goals, objectives and design requirements of this section of the chapter. The sketch plan shall show the tentative location of the lots, streets and stormwater management facilities as they relate to the natural features and environmentally sensitive areas present on the site of the development. The sketch plan shall be required as a prerequisite to the formal submission of a preliminary subdivision and land development plan.
(2)
All land and water areas that are not utilized for the residential uses, streets, off-street parking, utilities, or other permitted uses within the age-qualified or continuing care retirement community shall be set aside and maintained as common open space.
(3)
The proposed residential units and uses within the age-qualified or continuing care retirement community shall have suitable access to an existing public street.
(4)
No more than two segments with 200 combined linear feet of road surface, as measured along the center line of the road(s) within the age-qualified or continuing care retirement community, shall be constructed upon the areas defined as Category 3 slopes.
(5)
The applicant shall be responsible for designing, permitting and constructing of all site improvements that are required by Muhlenberg Township to accommodate the proposed development.
(6)
Each residential use within the age-qualified or continuing care retirement community shall have access to an off-street parking area, which shall be designed to meet the following minimum requirements:
(a)
A minimum of 2.0 off-street parking areas shall be provided for each single-family detached dwelling unit.
(b)
A minimum of 1.7 off-street parking spaces shall be provided for each townhouse unit.
(c)
A minimum of 1.4 off-street parking spaces shall be provided for each apartment unit or condominium unit.
(d)
Muhlenberg Township may require additional off-street parking spaces up to 0.5 space per residential unit in order to accommodate overflow parking for professional care personnel, employees, vendors, guests and/or relatives.
(7)
The age-qualified or continuing care retirement community shall be designed with off-street loading spaces in accordance with the provisions specified under § 355-114 of the chapter. As part of the conditional use application, Muhlenberg Township may consider a modification to the quantity, location, size and design of the required off-street loading area.
J.
The age-qualified or continuing care retirement community shall be designed in accordance with the following architectural, landscaping and exterior enhancement standards:
(1)
The age-qualified or continuing care retirement community shall be designed with regard to the topographic, hydrologic and natural features of the site. The purpose of this provision is to ensure that the natural features of the development are preserved and protected to the extent that it is not necessary to disturb the site in order to implement the conditional use plan, utilizing the objective criteria and standards of Chapters 355 and 310 of the Code relating to the proposed housing types, street locations and required infrastructure and their intended location within the site.
(2)
A natural features plan shall be developed to identify the locations of floodplains, surface waters, wetlands, Category 2 and 3 slopes, woodlands, rock outcroppings, and other significant features. The natural features plan shall be considered as part of the conditional use application and land development plan application.
(3)
A preliminary grading plan shall be developed to identify the limits of disturbance for all municipal site improvements within the age-qualified or continuing care retirement community, depicting the proposed location thereof in relation to lakes, ponds, streams, floodplains, wetlands, tree masses and hedgerows. Design components shall be implemented to minimize extensive earthmoving, utilizing typical planning and engineering practices.
(4)
The applicant should give special attention to the main entrance(s) to the age-qualified or continuing care retirement community. The use of lighting, water and/or landscaping products in conjunction with a boulevard street design should be considered as a prominent feature of the development.
(6)
The age-qualified or continuing care retirement community shall provide a twenty-foot-wide buffer yard and planting screen along the property lines at the perimeter of the development tract to enhance the privacy of the adjacent property owners. The areas designated for municipal improvements and/or public utilities shall be exempt from this requirement. The use of existing mature trees (six inches in caliper) is encouraged and may be utilized as part of the required buffer yard. The design of the landscape and planting screen shall be subject to the reasonable approval of the Board of Commissioners.
(7)
The age-qualified or continuing care retirement community shall be designed to preserve and incorporate scenic, natural, historical and cultural features. As part of the conditional use application and the land development plan application, the applicant shall apply the provisions for landscaping, recreation and open space to preserve and enhance the integrity of the development.
(8)
Exterior storage areas for trash and rubbish shall be completely screened from view on three sides by fencing and landscaping. All trash and rubbish shall be contained in verminproof containers.
K.
The design of the land or water areas which are to be designated as common open space shall comply with the following standards and specifications:
(1)
A minimum of 40% of the gross area of the development tract shall be set aside as common open space.
(2)
No more than 25% of the required common open space shall be located on lands within areas that are located within the one-hundred-year floodplain, areas delineated as wetlands and/or Category 2 or 3 slopes.
(3)
No more than 25% of the required common open space shall include land areas that are burdened by preexisting utilities contained within easements and/or stormwater management facilities, as further described under the Muhlenberg Township Code.
(4)
No more than 25% of the required common open space shall include land areas that are burdened by proposed utilities easements and/or stormwater management facilities, as further described under the Muhlenberg Township Code.
(5)
The common open space shall be planned and located as an accessible area within the development. Existing and/or proposed roads may bisect the areas designated as common open space, provided a crosswalk at grade is safely designed to link the common open space areas. Planned linkages to other common open space areas within other adjacent residential developments shall be considered by the applicant as part of the conditional use application.
(6)
Significant natural features, including floodplains, surface waters, wetlands, Category 2 and 3 slopes, woodlands, rock outcroppings and other significant features, shall be incorporated into the overall design of the common open space.
(7)
A system for pedestrian circulation throughout the development shall be provided by utilizing sidewalks and trails.
(8)
The total land area designated to comply with the minimum open space requirements shall be comprised of areas not less than 50 feet in width and shall not contain less than one contiguous acre of land. In addition, there shall be at least one designated common area that is contiguous within the age-qualified or continuing care community, containing no less than 25% of the required open space.
(9)
For all common open spaces, satisfactory written agreements approved by the Board of Commissioners shall be executed as declarations of easements, covenants and restrictions in perpetuity for the preservation of the common open spaces and shall be recorded with the approved final plan.
(10)
The applicant shall make arrangements, provisions and/or agreements to ensure that the common open space shall continue to be adequately managed and maintained. The applicant shall have the following options for ownership, management and maintenance of the common open space:
(a)
Retain the ownership, management and maintenance responsibilities.
(b)
Dedicate the land encompassing the common open space to a homeowners' association, which is comprised of all the residents of the development; or
(c)
Dedicate the land encompassing the common open space to Muhlenberg Township, which shall have the option to accept or refuse the land offered for dedication.
(11)
The provisions specified herein for common open space do not relieve the applicant of other requirements for open space and recreation as specified within the Muhlenberg Township Code, with which the applicant shall comply.
L.
In addition to the permitted single-family detached residential units, the proposed age-qualified or continuing care retirement community may contain the following nonresidential uses, provided they are considered as part of the conditional use application:
(1)
Office space consisting of no more than 5,000 square feet and utilized for the purposes of conducting customary business, sales, meetings and/or maintenance, which are exclusively associated with the age-qualified or continuing care retirement community and which are owned and operated by the developer or homeowners' association.
(2)
Medical offices consisting of no more than 5,000 square feet and utilized for the purposes of conducting medical, dental, therapeutic or counseling services, which are exclusively designated for the residents within the age-qualified or continuing care retirement community, and which are owned and operated by the developer or homeowners' association.
(3)
Indoor recreation and/or community center consisting of no more than 10,000 square feet and utilized exclusively by the residents of the age-qualified or continuing care retirement community.
(4)
Active and passive recreation uses conducted on the areas designated as common open space.
(5)
Municipal uses, subject to the provisions of the Muhlenberg Township Code.
(6)
Public utilities, subject to the provisions of the Muhlenberg Township Code.
§ 355-54 Tourist, bed-and-breakfast, rooming house or boardinghouse.
A.
Tourist, bed-and-breakfast, rooming houses or boardinghouses, as defined under Article II of this chapter, are permitted by special exception within the R-1 and R-2 Zoning Districts.
B.
All tourist or bed-and-breakfast establishments shall be designed in accordance with the following general design requirements:
(1)
A tourist establishment or a bed-and-breakfast establishment shall be contained within a single-family detached, owner-occupied dwelling unit. The principal use shall remain that of a single-family detached residential dwelling unit.
(2)
The owner of the tourist or bed-and-breakfast establishment shall be a permanent resident of the establishment.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3)
Unless otherwise specified by this chapter, all tourist or bed-and-breakfast establishments shall be located on approved lots which comply with the minimum and maximum dimensional requirements as well as the utility provisions which are further specified by the appropriate zoning district in which the tourist or bed-and-breakfast establishment is located.
(4)
A tourist or bed-and-breakfast establishment shall not have more than five rental units and shall not house more than 10 guests.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(5)
The principal residential use or single-family dwelling shall contain complete sanitary sewage disposal services, washing and bathing facilities, and a central kitchen with complete cooking facilities to accommodate the occupants plus all of the guests. No cooking facilities of any kind shall be permitted in any rental units.
(6)
The applicant shall provide documentation to the Zoning Hearing Board, Zoning Officer, Code Enforcement Officer and Sewage Enforcement Officer that all plumbing, heating, electrical, sanitary sewer, storm sewer and similar facilities comply with all applicable ordinances, regulations and laws of Muhlenberg Township and/or the Commonwealth of Pennsylvania.
(7)
Meals shall only be offered to registered overnight guests.
(8)
A minimum of one off-street parking space shall be required for each permanent occupant of the house plus one space for each of the rental units. The proposed off-street parking spaces shall be located at least 25 feet from all property lines and shall comply with the design requirements specified by this chapter. The off-street parking spaces shall be screened from the roadways and other adjacent properties with suitable landscaping materials.
(9)
All external amenities provided for the guests, including swimming pools, whirlpool spas, tennis courts, gazebos, entertainment areas, and other common facilities, shall be located at least 50 feet from all property lines.
(10)
Nonresident employees shall be limited to two employees.
(11)
A single decorative on-site sign, measuring four square feet per side, shall be permitted for the tourist or bed-and-breakfast establishment. The proposed sign shall be subject to all other requirements specified by the chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(12)
An emergency management plan must be developed in the event of a catastrophic event resulting from flooding, fire, snow, ice, earthquake, utility outage, or other catastrophe. The emergency management plan should be submitted to the Muhlenberg Township Emergency Management Coordinator for review and consideration prior to the issuance of the use and occupancy permit. The resident owner shall provide a copy of the emergency management plan in each rental unit as well as the front desk.
(13)
The resident owner shall maintain a guest register list which shall include the names, addresses and length of stay of all guests.
(14)
The length of stay for any guest at a bed-and-breakfast establishment shall not exceed 10 days.
C.
All rooming house or boardinghouse establishments shall be designed in accordance with the following general design requirements:
(1)
A rooming house or boardinghouse establishment shall be contained within a single-family detached, owner-occupied dwelling unit. The principal use shall remain that of a single-family detached residential dwelling unit.
(2)
The owner of the rooming house or boardinghouse establishment shall be a permanent resident of the establishment.
(3)
Unless otherwise specified by this chapter, all rooming house or boardinghouse establishments shall be located on approved lots which comply with the minimum and maximum dimensional requirements as well as the utility provisions, which are further specified by the appropriate zoning district in which the rooming house or boardinghouse establishment is located.
(4)
A rooming house or boardinghouse establishment shall not have more than three rental units and shall not house more than four unrelated occupants.
(5)
The principal residential use or single-family dwelling shall contain complete sanitary sewage disposal services, washing and bathing facilities, and a central kitchen with complete cooking facilities to accommodate all of the occupants. No cooking facilities of any kind shall be permitted in any rental units.
(6)
The applicant shall provide documentation to the Zoning Hearing Board, Zoning Officer, Code Enforcement Officer and Sewage Enforcement Officer that all plumbing, heating, electrical, sanitary sewer, storm sewer and similar facilities comply with all applicable ordinances, regulations and laws of Muhlenberg Township and/or the Commonwealth of Pennsylvania.
(7)
A minimum of two off-street parking spaces shall be required for the single-family dwelling plus one space for each of the rental units. The proposed off-street parking spaces shall comply with the design requirements specified by this chapter.
(8)
No signs shall be permitted to advertise or identify the location of a rooming house or boardinghouse establishment.
(9)
The resident owner shall maintain a guest register list, which shall include the names, addresses and length of stay of all guests.
D.
All tourist, bed-and-breakfast, rooming house or boardinghouse establishments shall be subject to annual inspection by the Muhlenberg Township Zoning Officer, Code Enforcement Officer, Sewage Enforcement Officer and/or Municipal Authority.
§ 355-55 Mobile home parks.
A.
Mobile home parks, as defined under Article II of this chapter, are permitted by special exception within the I-1 Zoning District.
B.
All mobile home parks shall be designed in accordance with the following design and eligibility requirements:
(1)
The mobile home park shall consist of a minimum contiguous land area of 10 acres. "Contiguous land area" shall be defined as a parcel of land that is owned under a single deed or parcels of land that are owned under multiple deeds, provided that the parcels of land are contiguous to each other, having common deed boundaries, and are not physically separated by parcels of land owned by other individuals or parties. The Zoning Hearing Board shall consider contiguous parcels of land that are physically separated by existing public roads, utility easements or rights-of way, streams and/or other natural features, provided that the applicant demonstrates that the mobile home park can be harmoniously designed.
(2)
The mobile home park shall be served by public sewage disposal facilities and public water supply facilities.
(3)
A minimum of 40% of the land area within the mobile home park shall be set aside as common open space. The location, character, management and utilization of the common open space shall comply with all applicable specifications concerning open space.
(4)
The mobile home park shall be designed with regard to the topographic and natural features of the site. All natural features (lakes, streams, topsoil, knolls, basins, trees and shrubs) should be preserved and incorporated into the final landscaping whenever possible and desirable. The finished topography shall adequately facilitate the mobile home park without excessive earthmoving and neglect for the natural amenities.
(5)
The mobile home park shall not exceed eight dwelling units per gross acre.
C.
The mobile homes located within the mobile home park shall be located on individual lots or lease areas and shall be designed to comply with the following dimensional requirements:
(1)
The minimum lot area or lease area for each individual mobile home shall be 2,500 square feet.
(2)
The minimum lot width for each individual mobile home lot or lease area shall be 40 feet.
(3)
The minimum front-yard setback shall be 20 feet.
(4)
The minimum side-yard setback shall be 10 feet as measured on each side.
(5)
The minimum rear-yard setback shall be 20 feet.
(6)
The maximum lot coverage shall be 70% for each lot or lease area.
(7)
All proposed mobile homes within the mobile home park shall be located at least 50 feet from any property line or property which is not owned by the applicant in predevelopment conditions.
(8)
No structure shall be constructed on or within 50 feet of any features designated as part of the conservation overlay districts identified under Article V of this chapter.
(9)
No more than one mobile home shall be placed on a mobile home lot or lease area, and such mobile home shall be occupied by not more than one single family.
(10)
Unless otherwise specified by this chapter, the minimum separation distance for mobile homes shall be 20 feet.
D.
All mobile home parks shall be subject to the following development and procedural requirements:
(1)
The mobile home park shall provide an evergreen planting screen at least 20 feet in depth along the property line at the periphery of the development to protect the privacy of adjacent residents.
(2)
Unless otherwise specified by this chapter, no part of the mobile home park shall be used to accommodate nonresidential residential uses.
(3)
There shall be at least one street within the mobile home park which serves as an internal collector street from which minor streets shall turn out, so as to provide direct access to each mobile home lot or lease area. All streets shall be designed and constructed to all applicable Township specifications.
(4)
All entrances shall conform to the standards of the Pennsylvania Department of Transportation and Muhlenberg Township. A traffic impact study should be prepared to assess the needs for on-site and off-site traffic improvements which may be required to facilitate the mobile home park. The traffic impact study shall be submitted to Muhlenberg Township for review and consideration as part of the overall development plan.
(5)
A minimum of two off-street parking spaces measuring 10 feet by 20 feet shall be provided for each mobile home lot or lease area. A common off-street parking area may be designed to accommodate the required off-street parking requirements and/or to provide additional spaces for overflow parking spaces. No on-street parking shall be permitted within the mobile home park.
(6)
Each mobile home space shall be provided with a hard-surfaced mobile home stand, providing a foundation wall and/or footing that will not heave, shift, settle or move due to frost action, inadequate drainage, vibration or other forces acting on the superstructure.
(7)
All mobile homes shall be located, erected and anchored in accordance with all applicable standards and provisions specified in the Muhlenberg Township Code and/or the manufacturer's specifications.
(8)
Each mobile home stand shall be equipped with utility connections. For reasons of safety, the space between the mobile home stand and the mobile home floor shall be permanently enclosed to prevent unauthorized entry and to conceal all supports and utility connections. Each stand shall be located at such elevation, distance and angle in relation to the access street and mobile home accessory that the placement and removal of the mobile home is practical.
(9)
The area between the ground level and the perimeter of the mobile home shall be enclosed by means of a suitable skirting.
(10)
Every mobile home and open space areas shall have access to an improved street within the mobile home park in accordance with Chapter 310, Subdivision and Land Development, of the Muhlenberg Township Code.
(11)
A subdivision and land development plan shall be submitted to Muhlenberg Township for review and consideration.
(12)
Unless otherwise required by the utility provider, all public utility services shall be underground within the mobile home park.
(13)
Exterior storage areas for refuse stations shall be properly screened from the view of all mobile homes within the mobile home park and from adjacent property owners. All containers shall be airtight, verminproof and have adequate storage capacity to accommodate the projected volumes of solid waste. The mobile home park shall have a solid waste management plan.
(14)
All mobile home parks containing 25 or more mobile homes shall employ the services of a qualified manager. The manager shall reside at the mobile home park and shall be responsible for the operation and maintenance of the park.
(15)
The owner or manager of the mobile home park shall provide Muhlenberg Township with a list of tenants who reside within the mobile home park. Any change in tenancy shall be reported to the Township within two weeks. The Muhlenberg Township Zoning Officer or Code Enforcement Officer shall have the right to inspect the mobile home park to determine if compliance with all provisions of the chapter are in order.
E.
The design of the land or water areas which are to be designated as common open space shall comply with the following standards and specifications:
(1)
A minimum of 40% of the gross area of the mobile home park shall be set aside as common open space.
(2)
No more than 50% of the common open space shall be located on lands within areas that are located within the one-hundred-year floodplain, areas delineated as wetlands and/or areas exceeding 20% in slope.
(3)
No more than 50% of the common open space shall include land areas that are burdened by or are proposed to contain utilities easements and/or stormwater management facilities, as further described within the Muhlenberg Township Code.
(4)
The common open space shall be planned and located as a contiguous accessible area within the mobile home park. Existing and/or proposed roads may bisect the areas designated as common open space, provided a crosswalk at grade is safely designed to link the common open space areas. Planned linkages to other common open space areas within other adjacent residential developments shall be considered by the applicant as part of the conditional use application.
(5)
Significant natural features shall be incorporated into the overall schematic of the design as common open space areas whenever possible.
(6)
A system for pedestrian circulation throughout the development shall be provided by utilizing sidewalks and trails.
(7)
The total land area designated to comply with the minimum open space requirements shall be comprised of areas not less than 50 feet in width and shall not contain less than one contiguous acre of land. In addition, there shall be at least one designated common area that is contiguous within the multifamily apartment unit development, containing no less than 25% of the required open space.
(8)
For all common open spaces, satisfactory written agreements approved by Muhlenberg Township shall be executed as declarations of easements, covenants and restrictions in perpetuity for the preservation of the common open spaces and shall be recorded with the final plan.
(9)
The applicant shall make arrangements, provisions and/or agreements to ensure that the common open space shall continue to be adequately managed and maintained. The applicant shall have the following options for ownership, management and maintenance of the common open space:
(a)
Retain ownership of the land encompassing the common open space areas;
(b)
Dedicate the land encompassing the common open space to a homeowners' association, which is comprised of all the residents of the development; or
(c)
Dedicate the land encompassing the common open space to Muhlenberg Township, which shall have the option to accept or refuse the land offered for dedication.
(10)
The provisions specified herein for common open space do not relieve the applicant of other requirements for open space and recreation as specified within the Muhlenberg Township Code, with which the applicant shall comply.
F.
In addition to the permitted mobile homes, the proposed mobile home park may contain the following nonresidential uses, provided they are considered as part of the conditional use application:
(1)
Office space consisting of no more than 5,000 square feet and utilized for the purposes of conducting customary business, management, sales, meetings, laundry facilities, storage, and/or maintenance which are directly associated with the mobile home park.
(2)
Indoor recreation and/or community center consisting of no more than 10,000 square feet and utilized exclusively by the residents of the mobile home park.
(3)
Active and passive recreation uses conducted on the areas designated as common open space.
G.
Unless otherwise specified by this chapter, all mobile homes, mobile home lots or mobile home lease areas that are located within a mobile home park and do not comply with the provisions specified within this chapter of the Code shall be considered nonconforming and subject to the provisions established under Article XII of this chapter.
§ 355-56 Mixed-use commercial and residential uses.
A.
Mixed uses containing commercial and residential uses, as defined under Article II of this chapter, are permitted by special exception within the C-1 Zoning District.
B.
Mixed uses containing combined commercial and residential uses shall be designed in accordance with the following general design requirements:
(1)
The mixed uses shall be limited to uses permitted by right within the C-1 Zoning District and residential rental units or apartments.
(2)
The first floor of the mixed-use structure shall be limited to commercial use, which shall be considered as the principal use of the property that is owned and managed by the owner of the permitted commercial use.
(3)
The second floor of the mixed-use structure shall contain no more than two residential rental units or apartment units, which shall be considered subordinate uses to the commercial use occupied on the first floor.
(4)
The principal and subordinate uses within the mixed-use structure shall have separate utility connections for sanitary sewage disposal, water supply, electric, telephone, natural gas and cable services.
(5)
The minimum net land area required to facilitate a mixed-use structure shall be 40,000 square feet. The minimum and maximum dimensional requirements for mixed-use structures are further defined under the provisions of the C-1 Zoning District.
(6)
Each of the residential rental units or apartment units shall contain separate sanitary sewage disposal services, washing and bathing facilities, and a complete kitchen with cooking facilities.
(7)
The applicant shall provide documentation to the Zoning Hearing Board, Zoning Officer, Code Enforcement Officer and Sewage Enforcement Officer that all plumbing, heating, electrical, sanitary sewer, storm sewer and similar facilities comply with all applicable ordinances, regulations and laws of Muhlenberg Township and/or the Commonwealth of Pennsylvania.
(8)
In addition to the number of off-street parking spaces required to accommodate the commercial or principal use of the mixed-use structure, a minimum of two off-street parking spaces shall be required for each residential rental unit or apartment unit.
(9)
An emergency management plan must be developed in the event of a catastrophic event resulting from flooding, fire, snow, ice, earthquake, utility outage, or other catastrophe. The emergency management plan should be submitted to the Muhlenberg Township Emergency Management Coordinator for review and consideration prior to the issuance of the use and occupancy permit. The owner of the mixed-use structure shall provide a copy of the emergency management plan to the tenants of the residential rental units or apartment units.
C.
All mixed-use structures shall be subject to an annual inspection by the Muhlenberg Township Zoning Officer, Code Enforcement Officer, Sewage Enforcement Officer and/or Municipal Authority.
§ 355-57 Student housing and dormitories.
A.
Student housing or dormitories, as defined under Article II of this chapter, are permitted by conditional use within the R-5 Zoning District.
B.
All student housing or dormitory developments shall be designed in accordance with the following general design requirements:
(1)
The minimum amount of land in the development shall be 10 contiguous acres. "Contiguous land area" shall be defined as a parcel of land that is owned under a single deed or parcels of land that are owned under multiple deeds, provided that the parcels of land are contiguous to each other, having common deed boundaries, and are not physically separated by parcels of land owned by other individuals or parties. The Board of Commissioners shall consider contiguous parcels of land that are physically separated by existing public roads, utility easements or rights-of way, streams and/or other natural features, provided that the applicant demonstrate that the development can be harmoniously designed.
(2)
All of the uses contained within the development shall be served by public sanitary sewage disposal facilities. As part of the conditional use application, the applicant shall provide evidence that there are sufficient capacities to service the development in accordance with the terms specified on all pertinent municipal agreements.
(3)
All of the uses contained within the development shall be served by public water supply facilities. As part of the conditional use application, the applicant shall provide evidence that there are sufficient capacities to service the development in accordance with the terms specified on all pertinent municipal agreements.
(4)
The student housing units or dormitories shall be designed to resemble traditional multifamily apartments or townhouses.
(5)
The maximum permitted residential density (student-occupied units per gross acre) for student housing or dormitory developments shall be five occupied units per gross acre.
(6)
A minimum of 50% of the gross area of the student housing or dormitory development shall be set aside as common open space.
C.
The student housing or dormitory development shall be designed to comply with the following minimum and maximum dimensional requirements:
(1)
The total number of individual student-occupied units contained within a single building shall not exceed 50 units.
(2)
The building setback line should be established 50 feet from the right-of-way line or 60 feet from the curbline.
(3)
The minimum building separation for student housing units or dormitories shall be as follows:
(4)
The maximum length of any building occupying student housing units shall not exceed 160 feet.
(5)
The maximum depth of any building occupying student housing units shall not exceed 80 feet.
(6)
All student housing units or dormitories within the development shall be located at least 60 feet from any property line or property which is not owned by the applicant in predevelopment conditions.
(7)
No more than 25% of the total area of the development shall be covered by buildings.
(8)
No more than 40% of the total area of the development shall be covered by impervious surfaces.
D.
The student housing or dormitory development shall be designed in accordance with the following architectural, landscaping and exterior enhancement standards:
(1)
The development shall be designed with regard to the topographic and natural features of the site. The purpose of this provision is to ensure that the natural features of the development are preserved and protected to the extent that it is not necessary to disturb the site in order to implement the conditional use plan, utilizing the objective criteria and standards of Chapters 355 and 310 of this Code relating to the proposed housing types, street locations and required infrastructure and their intended location within the site.
(2)
A preliminary grading plan shall be developed to identify the limits of disturbance for all municipal site improvements within the student housing or dormitory development, depicting the proposed location thereof in relation to lakes, ponds, streams, floodplains, wetlands, tree masses and hedgerows. Design components shall be implemented to minimize extensive earthmoving, utilizing typical planning and engineering practices.
(3)
A landscaping plan shall be submitted to Muhlenberg Township for consideration as part of the conditional use application. Unless otherwise permitted by the Board of Commissioners, the applicant shall provide five new trees per gross acre of land. The trees should be a minimum of 2.5 inches in caliper and shall be planted either as street trees, as part of the buffer yard, or within the areas designated as common open space.
(4)
The student housing or dormitory development shall provide a twenty-five-foot-wide buffer yard and planting screen along the property lines at the perimeter of the development tract to enhance the privacy of the adjacent property owners. The design of the landscape and planting screen shall be subject to the reasonable approval of the Board of Commissioners. The use of existing mature trees (six inches in caliper as measured four feet from the ground) is encouraged and may be utilized as part of the required buffer yard.
(5)
In addition to the provisions specified under Article X of this chapter, the common off-street parking areas and access drives shall be designed considering the following requirements:
(a)
The parking areas shall not be designed or located to require cars to back into streets in order to leave the parking areas. All dead-end parking lots shall provide adequate areas in which emergency and commercial vehicles can safely maneuver.
(b)
Common parking areas and access drives shall be located a minimum of 20 feet from all student housing units or dormitories within the development. Common parking areas shall be a minimum of 20 from all street rights-of-way and exterior lot lines of the development.
(c)
The entrance and exit ways to parking areas shall have a minimum width of 12 feet for each lane of traffic entering or leaving the areas.
(d)
Parking areas shall be designed to prevent through traffic to other parking areas. No more than 60 off-street parking spaces shall be accommodated in any one parking area. All common parking areas shall be sufficiently screened and landscaped in accordance with the standards specified under § 355-102 of this chapter.
(e)
Entrances to and exits from common parking areas shall be located a minimum of 150 feet from the point of intersection of the nearest street curblines.
(6)
Exterior storage areas for trash and rubbish shall be completely screened from view on three sides by fencing and landscaping. All trash and rubbish shall be contained in verminproof containers.
E.
The design of the land or water areas which are to be designated as common open space shall comply with the following standards and specifications:
(1)
A minimum of 50% of the gross area of the development tract shall be set aside as common open space.
(2)
No more than 50% of the common open space shall be located on lands within areas that are located within the one-hundred-year floodplain, areas delineated as wetlands and/or areas exceeding 20% in slope.
(3)
No more than 50% of the common open space shall include land areas that are burdened by or are proposed to contain utilities easements and/or stormwater management facilities, as further described within the Muhlenberg Township Code.
(4)
The common open space shall be planned and located as a contiguous accessible area within the development. Existing and/or proposed roads may bisect the areas designated as common open space, provided a crosswalk at grade is safely designed to link the common open space areas. Planned linkages to other common open space areas within other adjacent residential developments shall be considered by the applicant as part of the conditional use application.
(5)
Significant natural features shall be incorporated into the overall schematic of the design as common open space areas whenever possible.
(6)
A system for pedestrian circulation throughout the development shall be provided by utilizing sidewalks and trails.
(7)
The total land area designated to comply with the minimum open space requirements shall be comprised of areas not less than 50 feet in width and shall not contain less than one contiguous acre of land.
(8)
For all common open spaces, satisfactory written agreements approved by the Board of Commissioners shall be executed as declarations of easements, covenants and restrictions in perpetuity for the preservation of the common open spaces and shall be recorded with the final plan.
(9)
The applicant shall make arrangements, provisions and/or agreements to ensure that the common open space shall continue to be adequately managed and maintained.
(10)
The provisions specified herein for common open space do not relieve the applicant of other requirements for open space and recreation, as specified within the Muhlenberg Township Code, with which the applicant shall comply.
F.
In addition to the proposed student-occupied units, the development may contain accessory uses that are considered customary to student housing units or dormitories.
G.
An emergency management plan must be developed in the event of a catastrophic event resulting from flooding, fire, snow, ice, earthquake, utility outage, or other catastrophe. The emergency management plan should be submitted to the Muhlenberg Township Emergency Management Coordinator for review and consideration prior to the issuance of the use and occupancy permit. The owner of the mixed-use structure shall provide a copy of the emergency management plan to the tenants of the residential rental units or apartment units.