Sinking Spring City Zoning Code

No accessory uses may be permitted within any required front or side yard and within 10 feet of the rear property line except as permitted pursuant to § 196-37E(3) and/or Subsection A(2) (below).

On existing lots of record with lot width of less than 50 feet, accessory uses shall not be permitted within the required front yard or within three feet of side yards and within five feet of rear yard.

No activities shall be permitted which create a public nuisance or interfere with the use of adjacent residential lots.

The maximum height of any accessory building shall not exceed 15 feet. The maximum size of an accessory building, unless otherwise noted in this chapter, is 900 square feet.

Accessory uses include, but are not limited to, animal shelters, sheds, detached garages, swimming pools, greenhouses, and tennis courts. This term does not refer to patios, decks, terraces, open porches, or other similar items.

No residential lot shall contain more than two accessory structures (not including residential swimming pools).

Swimming pool. The construction of all swimming pools, including structure, filtration and drainage systems, and all safety equipment shall meet the requirements of the current applicable building code.

Detached garages.

Storage areas. All such facilities shall be located in an area which has direct access to a street or driveway.

Living quarters. Living quarters shall be permitted for proprietors and for watchmen, caretakers or similar employees.

Restaurant, cafeteria or recreational facility shall be for the use of employees only.

Signs shall not contain moving parts nor use flashing or intermittent illumination. The source of light shall be steady and stationary.

No sign shall be placed in such a position or have such a source of illumination that it will cause any danger to pedestrians or vehicular traffic.

No sign other than official traffic signs shall be erected within the right-of-way lines of any street.

Every sign must be constructed of durable material and be kept in good condition. Any sign which is allowed to become dilapidated shall be removed at the expense of the owner or lessee. The Borough's Building Code Official shall make such determination as to state of repair.

No sign shall cast objectionable light upon any activity or building beyond the property lines of the property on which it is located.

The distance from the ground to the highest part of any sign shall not exceed 10 feet in residential districts. The distance from the ground to the highest part of any freestanding sign in a commercial or industrial district shall not exceed 16 feet.

No sign shall be erected or located as to prevent free ingress to or egress from any window, door or fire escape.

Official traffic signs.

Identification signs or bulletin or announcement boards for schools, churches, hospitals or similar institutions, and for clubs, lodges, farms, estates or similar uses, provided that:

Professional, home-based business, or name sign indicating the name, profession or activity of the occupant of a dwelling, provided:

Real estate signs, including signs advertising the rental or sale of premises, provided that:

Temporary signs of contractors, architects and the like, provided that:

Signs advertising a lawful nonconforming use, provided that:

Signs necessary for the identification and protection of public utility facilities, provided that the area of one side of such sign shall not exceed four square feet.

Signs within a residential subdivision to direct persons to a rental office or sample unit within that subdivision, provided that the area on one side of any such sign shall not exceed two square feet.

Trespassing signs and signs indicating the private nature of premises. The area of any one side of such signs shall not exceed two square feet, and the signs shall be placed at intervals of not less than 100 feet along any street frontage.

Off-premises advertising signs are permitted by right in the I-1 District and also permitted in the C-1 and C-2 Districts by special exception, subject to the following regulations:

No sign shall be readable from the rear of any property when the rear of that property abuts a residential district, nor shall any sign be readable from the side of any property when the side of that property abuts a residential district.

The total area on one side of all signs placed on or facing any one street frontage of any one premises shall not exceed 100 square feet, except in the case of a building housing more than one commercial or industrial use.

The area on one side of a directional sign shall not exceed 15 square feet.

No more than one freestanding sign shall be allowed on any one property.

No more than one directional sign shall be allowed on any one street frontage of any one property.

No more than two separate signs shall face any one street frontage on any one premises except in the case of a building housing more than one commercial or industrial use.

In the case of a building housing more than one commercial or industrial use, one permanent identifying sign for the building, the area on one side of which shall not exceed 100 square feet, may be erected. In addition, for each commercial or industrial use located within that building, one sign, the area of which shall not exceed 20 square feet, may be attached to that portion of the building housing the use.

Signs in this district shall be permitted for the purposes of identifying individual places of business while remaining in character with a traditional downtown and not detracting from the image and function of the district. Signs shall be kept in proportion to the spaces they represent, shall be appropriately placed, and be compatible with the streetscape facades.

General regulations for downtown signs are as stated below:

Signs to identify businesses which may have their access at the rear or side, or which may be located in an upper-level space, shall adhere to the requirements above, except as listed in the following:

Single-family/semidetached dwellings: two parking spaces per dwelling unit.

Industrial establishment: one space per two employees on the combined employment of the two largest successive shifts.

Restaurant, tavern or similar use: one space for each three seats plus one space for each full-time employee on the largest shift.

Retail and service establishments: one space per 200 square feet devoted to patron use.

Office buildings: one space per 150 square feet devoted to office use.

Warehousing establishment or similar commercial use: one space per two employees on the combined employment of the two largest successive shifts.

Auditorium, theater, library, municipal building, place of worship, club or lodge, or other place of public assemblage: one space for every three seats.

Motel, hotel, tourist home or similar establishment: one space for each rental unit.

Medical, dental and paramedical: four spaces for each person engaged in practice.

Skating rink, swimming pool, recreational establishment: one space per 50 square feet of area indoor devoted to patron use.

Nursing home or home for the aging: one space for each employee plus one space for each four beds.

Funeral home: one space for each four seats, provided that there shall be no less than 15 spaces provided.

Drive-in eating establishment: one space for each 1,000 square feet of lot (no indoor seating provided) area.

Townhouses/apartments: two parking spaces per dwelling unit and 1/4 parking space per unit.

For any building or use not covered above, the Zoning Officer shall apply the standard for off-street parking spaces in the above schedule deemed to most closely approximate the proposed building or use.

For all properties in the Borough that have rear access, either via alleyways or driveways, all major recreational equipment must be parked in the rear of such lot.

For all properties in the Borough with only front access to either the rear or side yard, all major recreational equipment must be parked within either the side yard or rear yard, but in no instance may any major recreational equipment be parked in the front yard.

For all properties in the Borough with only front driveways and no access to the side or rear yard, major recreational equipment may be parked in the driveway, so long as such equipment is parked completely outside the public right-of-way.

For any corner lot, all major recreational equipment is permissible in the rear yard only.

No nonconforming use shall be enlarged or increased upon ground not owned, leased or under option to purchase at the time of the passage of this chapter.

No nonconforming use shall be enlarged or increased in a manner which will further violate any area regulations imposed by the zoning district in which it is located. Nor shall any nonconforming use, nonconforming building, or building housing a nonconforming use further violate any yard or height regulations imposed by the zoning district in which it is located, except as permitted under Subsection E(3) and (4) herein.

Encroachment into existing rear yard requirements will be permitted in order to allow expansion of a nonconforming use, nonconforming building, or building containing a nonconforming use, provided that such expansion will not result in a violation greater than occurs on immediately adjacent properties within a distance of 100 feet on each side of the side of the subject property boundaries.

Encroachment into existing side yard requirements will be permitted in order to allow expansion of a residential building or residential-accessory building, provided that such violation will be no more than the violation which exists for residential buildings on the subject property.

The proposed expansion shall not cause an increased detrimental effect on surrounding properties.

Any building or structure which is totally destroyed by any means may not be rebuilt and used for a nonconforming use, unless said structure or building is reconstructed pursuant to the requirements hereinbelow set forth.

A nonconforming building which is partially destroyed by any means may be reconstructed and used for the same nonconforming use as long as the basic structural elements of the original buildings are retained. Such determination shall be made by the Borough Building Code Official. The reconstructed portions of a nonconforming building shall conform to the area, height and bulk regulations of the zoning district in which it is located.

A nonconforming building or structure which is totally destroyed by fire, explosion, acts of God or act of the public enemy shall be permitted to be reconstructed pursuant to the following provisions:

Areas to be regulated under this section shall be those having average slope greater than 25% which extends for 10 vertical feet or more over a width of 50 feet or more.

The areas subject to slope controls shall be determined using maps and data comprising the Soil Survey of Berks County, United States Department of Agriculture's Web Soil Survey, Berks County Soil Conservation Service, or as may be shown in topographic survey of land determined by a professional land surveyor.

Parks and outdoor recreational uses when permitted by the prevailing zoning district regulations and carried out in accordance with the area, yard and height requirements of that district.

Open areas or yards, subject to the restrictions of this chapter.

Buildings permitted by the prevailing zoning district regulations constructed in accordance with the regulations of the prevailing zoning district, provided that no portion of the building is constructed on a slope whose grade exceeds 25%.

Buildings constructed on a grade exceeding 25% and constructed in accordance with the regulations of the prevailing zoning district, provided that the applicant submits to the Zoning Hearing Board for review a statement prepared by a registered architect or a qualified professional engineer with an explanation of the building methods to be used in overcoming foundation and other structural problems, and including an explanation of the manner by which the natural watershed will be maintained and soil erosion prevented.

For land included within subdivisions or land developments, areas to be regulated under this section shall be those determined on the basis of a 100-year storm using a method approved by the Borough Engineer, until such time as the Federal Insurance and Mitigation Administration has provided water surface elevations for the 100-year flood. After that date, the boundary of the 100-year storm floodplain as established by data provided by the FIMA shall be used to determine areas subject to floodplain controls.

For land not included within subdivisions or land developments, the areas subject to floodplain controls shall be those areas mapped as containing alluvial soils by the Natural Resources Conservation Service, United States Department of Agriculture, on maps included within the Soil Survey Berks County Pennsylvania, issued 1970, until such time as the Federal Insurance and Mitigation Administration has provided water surface elevations for the 100-year flood. After that date, the boundary of the 100-year storm floodplain as established by data provided by the FIMA shall be used to determine areas subject to floodplain controls.

Parks, playgrounds, picnic grounds and similar outdoor recreational uses, not to include enclosed structures except toilet facilities which must be connected to public sewer and water systems, subject to the restrictions of this chapter.

Open areas or yards, subject to the restrictions of this chapter.

Should a dispute arise concerning the boundaries of those areas subject to floodplain controls which are not included within subdivisions or land developments, an initial determination of the boundaries shall be made by the Zoning Officer using the criterion listed in § 196-42A(2) of this chapter.

Any person aggrieved by this decision, claiming that the criterion listed in § 196-42A(2) is incorrect, may appeal to the Zoning Hearing Board as provided for in this chapter.

The burden of proof shall be on the person appealing the decision of the Zoning Officer.

If it is determined that the soil survey maps are inaccurate regarding the land in question, the area subject to floodplain controls shall be determined on the basis of a 100-year storm, and all calculations shall be subject to the approval of the Borough Engineer.

Zoning and/or building permits shall be required for all proposed construction or other development in the special flood hazard areas or 100-year flood boundary areas.

New and replacement water supply systems and sanitary sewage systems shall be designed to minimize or eliminate infiltration of the floodwaters into the systems and discharges from the systems into floodwaters. On-site sewage disposal systems are prohibited.

Manufactured and mobile homes.

If any portion of a watercourse is proposed to be altered or relocated, prior to the commencement of that alteration or relocation, the person making such alteration or relocation shall submit calculations and data to the Borough which shall assure that the flood-carrying capacity within the altered or relocated portion of the watercourse will be maintained to the level before such alteration or relocation.

When the Federal Insurance and Mitigation Administration (FIMA) has provided water surface elevation for the 100-year flood, new construction or substantial improvements of residential structures shall have the lowest floor (including basement) elevated at least one foot above the level of the 100-year flood. New construction or substantial improvements of nonresidential structures shall have the lowest floor (including basement) elevated at least one foot above the level of the 100-year flood.

The Borough adopts as a regulatory floodway the floodway shown on Flood Boundary and the Floodway Map 420150 0001 issued by the Federal Emergency Management Agency, Federal Insurance and Mitigation Administration. In addition, any encroachments, including fill, new construction, substantial improvements, and other development within the floodway which would result in any increase in flood levels within the Borough during the occurrence of the 100-year flood discharge are prohibited.

For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet and exceed the following minimum criteria: a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valve, or other coverings or devises, provided that they permit the automatic entry and exit of floodwaters.

No variance or special exception shall be granted for any construction, development, use or activity within the regulatory floodway that would cause a discernible increase in the 100-year flood elevation.

Whenever a variance is granted from the floodproofing or elevation requirements of § 196-42D(5), the Borough shall notify the applicant in writing that the granting of the variance may result in increased premium rates for flood insurance.

Any new or substantially improved structure which:

The following list of materials and substances are considered dangerous to human life:

The following obstructions and activities are prohibited if located partially or entirely within any floodplain area:

Only a resident of the dwelling unit may practice an occupation carried out in any dwelling unit or an accompanied accessory structure.

The retail sales permitted are primarily those of goods produced in the dwelling unit.

No storage of materials or products in open areas shall be permitted.

No display of products made shall be visible from the street.

There shall be no outside advertising other than one sign of no more than one square foot in area on any one side.

No more than two persons shall employed by the practitioner of the occupation to provide secretarial, clerical or other assistance.

No noise, odor, dust, vibration, electromagnetic interference, smoke, heat or glare shall be perceptible at or beyond the lot boundaries.

No potentially dangerous effluent from operations shall be discharged.

Such occupations shall be incidental or secondary to the use of the property as a residence and are limited to those occupations customarily conducted within a dwelling unit or an approved accessory structure.

Not more than the equivalent of 30% of the area of the first floor of the principal building may be used for the purposes of the home-based business.

For those occupations which serve patrons, one off-street parking space shall be provided for each 50 square feet of floor area devoted to patron use, except in the case of dental, medical or paramedical offices. Four off-street parking spaces shall be provided for each person engaged in dental, medical or paramedical practice. These parking spaces shall not be provided within the front yard except within paved driveways and shall not be located within 10 feet of any side or rear lot line.

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no employees other than family members residing in the dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

The business activity shall be conducted only within the dwelling or an approved accessory structure and may not occupy more than 25% of the habitable floor area.

The business may not involve any illegal activity.

All requirements of § 196-40, of this chapter, Obstructions/sight distance, shall be complied with.

No fence shall encroach upon any street right-of-way at any time.

Fences shall not obscure the clear line of sight required at an intersection.

One or a group of residential structures which shall contain independent residential units for older persons. ARD structures shall be limited to single-family detached, single-family semidetached, townhouses and apartments.

Independent living facilities (ILF) (apartment, condominium and/or garden apartments), which include laundry, cafeteria/eating facilities, and other amenities to service the needs of older persons who are residents.

Accessory uses in the ARD shall be specifically restricted to serve primarily residents of the ARD and their invited guests and shall be limited to the following:

A master land development plan shall be required for the entire tract and shall include a unified architectural theme.

Phasing. Construction of the development in phases shall be permitted, provided such construction is in compliance with the approved land development plan.

Except as otherwise provided for herein, the ARD shall comply with any additional regulations of this chapter which are applicable to the R-1 District.

The minimum tract size, prior to application for conditional use approval, subdivision and/or land development, shall be 15 gross acres.

The cartway for new streets and access drives within the ARD shall be a minimum of 24 feet. The streets shall be curbed. Alternative curb types may be permitted, subject to the approval of the Council of the Borough of Sinking Spring. If such streets are not to be dedicated to the Borough of Sinking Spring, there is no requirement for a right-of-way beyond the cartway width. In the event that a particular street is to be dedicated to the Borough of Sinking Spring, the legal right-of-way width shall be 54 feet, with curbing in accordance with Borough specifications.

The ARD shall be supplied with both an adequate (suitable for the intended build-out of the subject property) and approved, by the appropriate municipal or private provider, as the case may be, public or community water and sanitary sewer system. The costs of installation shall be at the initial expense of the applicant, subject to certain rights of recapture and cost recovery as may be provided by law or by agreement with the appropriate providing entity. In no event shall the Borough of Sinking Spring, except the Municipal Authority, pay or offset any costs of extension relating to water or sewer. All water system extensions shall properly consider required fire flows as required by NFPA and/or FIF standards.

The maximum number of dwelling units shall be 15 dwelling units per gross acre of the tract.

Height of building. No building shall exceed a height of 45 feet nor shall it be more than three stories.

Lot area. The minimum lot area shall be as follows:

Building setback requirements. The minimum building setbacks shall be as follows:

Additional requirements. The following additional regulations shall be required for townhouses and apartments.

Buffer area. A permanent vegetative buffer strip of no less than 12 feet in width shall be provided along the outside tract boundaries of the ARD, excluding access points and streets only or where existing vegetation is an adequate buffer. To the maximum extent possible, the developer shall preserve existing vegetation within the buffer areas along the property boundaries. An overall landscape plan shall be provided and shall be approved by the Borough. At a minimum, all shade trees shall be a minimum of eight feet in height at time of initial planting, and all shrubbery shall be a minimum of four feet in height at time of planting.

There shall be a minimum of 2 1/2 parking spaces for each ARD single-family detached, single-family semidetached and/or townhouse unit. There shall be a minimum of one parking space for each apartment bedroom. Independent living units/apartment may reserve, and construct at a later date, up to 33% of the required spaces for future development, provided the potential impervious cover is accounted for in impervious coverage and stormwater management.

Garages and driveways may be used in the calculations for off-street parking spaces. Parking shall not be allowed on the streets in an ARD.

When submitting a land development plan, applicant shall provide for the maximum parking that may be expected for the ARD. This shall include the sum of applicable parking requirements outlined in this section.

No parking shall be permitted closer than 25 feet from the outside tract boundary line for any ARD and 25 feet from the ultimate right-of-way line of an existing public street.

All dead-end parking lots shall provide adequate areas into which cars parked in the end stalls of the lots may back out. Parking areas shall not be so designed or located to require and encourage cars to back into a public street in order to leave the lot.

It shall be prohibited to park any vehicles, other than passenger cars, light duty trucks, sports utility vehicles, or a vehicle used for the transportation of community residents or invited guests, in the development overnight.

Arrangement. The common open space shall be designed as a contiguous area unless the applicant demonstrates to the satisfaction of the Borough of Sinking Spring that two or more separate areas would serve the requirements and be preferable. If the open space is designed to include two or more separate areas, a physical linkage including pedestrian access shall be required. Recreation and open space areas and facilities shall be located in close proximity to all residents of the complex.

Recreation. Recreation areas shall be provided to meet the anticipated needs of the complex. Recreation areas should be of a size, shape and relief that is conducive to the group's active and passive residential needs.

Open space. Open space shall be a minimum of 20% of the entire tract.

Community center. Each facility shall contain a minimum of one indoor area designated as a community center, which shall provide facilities and services specifically designed to meet the physical and social needs of the residents.

The development shall comply with all applicable federal and state housing laws, including the Federal Fair Housing Act, which require that at least 80% of the dwelling units be populated by at least one person 55 years of age or older and that the development must publish policies and procedures that demonstrate the intent for the development to operate as housing for persons age 55 and older. Each unit, dwelling and building in the ARD and ILF areas shall be subject to a homeowners' or unit owners' association declaration of restrictive covenants and easements ("declaration"), which shall be approved by the Borough as part of the conditional use approval process. The declaration shall, at a minimum, include the restrictive language set forth herein. Additionally, the applicant, at time of final plan recording, shall provide to the Borough a deed recital, which shall be included in each deed for any unit, building or dwelling conveyed, that contains the restriction noted in this paragraph. The applicant, its successors and assigns shall include in any and all agreements of sale and the deed for any unit, dwelling or building the following notice: "Your use and occupancy of the property which is the subject of this agreement of sale is subject to a declaration, deed restriction, and conditional use approval which restricts the ownership and occupancy of the property to persons who have attained the age of 55 years or older, as provided under the Federal Fair Housing Act, subject to certain exceptions, restrictions and limitations. By signing this agreement, you acknowledge receipt of notice of that restriction and that the restriction on ownership and occupancy can be enforced by any other owner in the development, the homeowners' association, and/or the Borough." After the initial construction and sale, the Borough shall have the further right to notify the unit owners and the homeowners' association that until the 80% of the units are owned by persons age 55 or older (the "threshold"), no further sale (it being noted that this is not a restriction on occupancy) shall be permitted to persons under 55 years of age until the threshold has been achieved. The homeowners' association shall be obligated to provide the Borough with an annual certification (due on January 15 of each year) as to whether the threshold is then met.

Declaration of age restriction. At the time of subdivision and land development, as a prerequisite to any final plan approval, the developer shall record a declaration of covenants to run against the entire tract, in a form acceptable to the Borough Solicitor, pursuant to the Fair Housing Act, binding all properties and owners to the restriction, which shall require that dwelling units within the ARD be occupied by at least one person age 55 years or older.

Provision for maintenance/ownership of common elements. A declaration acceptable to the Borough Council and Borough Solicitor for the perpetual maintenance/ownership of all common elements which will not be owned and maintained by the Borough shall be approved by the Borough Council prior to final land development plan approval and shall be recorded at the Berks County Recorder of Deeds office after final plan approval.

Utilities. All buildings and residential units within the ARD shall be served by public water and public sanitary sewer system. All utility lines, such as electric, telephone and cable, shall be installed underground.

Signs. Development identification signs and directional signs shall be permitted. Traffic directional signs and signs indicating direction to delivery and loading areas are permitted and shall not exceed nine square feet each. One two-sided development identification sign shall be permitted at each entry to the development; each side of which shall not exceed 50 square feet in area. All signage within an ARD shall comply with the applicable sign requirements of this chapter.

Lighting fixtures. External illumination of any ARD community as well as the parking lots, driveways, walkways and entrances thereto shall be arranged so as to protect the adjacent highways and neighboring properties, whether or not contiguous thereto, from unreasonable direct glare or hazardous visual interference. No freestanding light fixture shall exceed a height of 20 feet.

Landscape features. Any and all landscape features (e.g., buffer yard plantings, street trees, parking lot plantings, common open space plantings, etc.) which are required under this section for an ARD development shall be depicted on a landscape plan, prepared by a registered landscape architect, and shall be submitted to the Borough for comment and approval as a condition of conditional use approval. Said plan shall clearly indicate the type, size and location of all vegetative material to be planted as part of the development and shall further delineate all currently existing vegetative material that is to be removed or which will remain as part of the development.

Traffic study. A traffic study, detailing the expected average daily traffic counts for the ARD and/or ILF, including the effects thereof, if any, that the proposed ARD and/or ILF development shall have on traffic flows upon the Borough's existing road network, shall be provided at the sole expense of the applicant to the Borough for review prior to the conditional use hearing. The Borough and applicant shall, within 10 days after the date of filing the application for condition use approval, determine which intersection shall be studied. Applicant shall install and erect, at its sole expense, any improvements required by the Borough as outlined in the traffic study or any study conducted by the Borough. To the extent any improvements are recommended for roads under the jurisdiction of PennDOT, the applicant shall only be required to construct those improvements on the PennDOT roads if a PennDOT highway occupancy permit can be obtained for the recommended improvement, and if the same cannot be obtained, the obligation to construct the improvement on the PennDOT road shall be void.

School;

Church or house of worship;

Public park;

Public playground;

Child-care facility; or

Residential housing area.

Each such facility shall be built as a single legal entity and shall be retained in single ownership. Fee simple absolute sale of units shall be prohibited. All common facilities to support the needs of the residents of the facility shall remain under a single ownership.

To encourage the development of a community to service adults who can no longer live safely in a fully independent lifestyle and who require some level of care and assistance with some or all of the activities of daily adult living.

To provide for appropriate recreational activities for the residents in both exterior and interior spaces.

To encourage innovation in design so the growing demand for housing may be met by a greater variety in type, design and layout of dwellings and by the conversion and efficient use of open space auxiliary to said units.

Residential uses.

Nonresidential uses.

Area requirements.

The gross residential density of a senior independent living facility, congregate care facility, assisted living facility or personal care facility shall not exceed 25 dwelling units per acre.

Lot setbacks:

Maximum building height: shall not exceed 45 feet.

Streets and roadways:

Parking requirements:

Landscaping shall be provided in accordance with the provisions of Chapter 170, Subdivision and Land Development, of this Code.

All senior independent living facilities, congregate care facilities, assisted living facilities or personal care facilities shall be served by a storm sewer system conforming to all applicable ordinances and regulations of the Borough. All such facilities shall be constructed at the expense of the developer.

All senior independent living facilities, congregate care facilities, assisted living facilities or personal care facilities shall have exterior trash storage facilities. All assisted living facilities shall also have a designated medical waste storage facility and pickup area.

The maximum impervious surface coverage associated with a facility shall be 75% of the gross site area.

The maximum building footprint associated with the facility shall be 75,000 square feet.

The minimum living area of units shall be:

Recreational facilities for a senior independent living facility, congregate care facility, assisted living facility or personal care facility shall include:

All congregate care facilities, assisted living facilities and/or personal care facilities shall be designed, maintained and sized in accordance with the most restrictive applicable state and federal regulations. In the event of a discrepancy between this chapter and the state and/or federal regulations, the most restrictive state and/or federal regulations shall apply.

All senior independent living facilities, congregate care facilities, assisted living facilities and/or personal care facilities shall have an emergency management plan in effect for response to catastrophic events.

All senior independent living facilities, congregate care facilities, assisted living facilities and/or personal care facilities shall have fire access on all four sides of a building. In the event a facility is designed with more than four exterior walls, this provision shall not be construed to require fire access on every exterior wall of the building.

All senior independent living facilities, congregate care facilities, assisted living facilities and/or personal care facilities shall have an automatic sprinkler fire suppression system.