It is the purpose and intent of this district to encourage the development of a mixture of institutional uses compatible with surrounding uses in accordance with an approved plan of development subject to the requirements of this chapter.

   A.   A building may be erected or used, and a lot may be used or occupied, for any of the purposes listed in this section:

      (1)   Educational uses , including private schools , colleges and universities.

      (2)   Library or museum.

      (3)   Licensed hospital or medical center.

      (4)   Nursing or convalescent home.

      (5)   Office or clinic for medical or dental examination or treatment of persons as outpatients, including laboratories incidental thereto.

      (6)   Uses accessory to a dwelling in accordance with § 255-27 herein.

      (7)   Accessory buildings , structures or uses customarily incidental to uses permitted in INST District.

      (8)   Off-street parking, subject to the provisions of Article XIX. 28

   B.   [Amended 10-12-1999 by Ord. No. 1010] The following uses are permitted as a special exception when authorized by the Zoning Hearing Board in accordance with the provisions of Article XXIII:

      (1)   Conversion of an existing residential building .

      (2)   Recreational facility owned or operated by a nongovernmental agency.

      (3)   Private club or lodge.

      (4)   Community center, adult education center or other similar facility.

      (5)   Parking area.

      (6)   Customary home occupation or professional office accessory to a dwelling in accordance with § 255-27 herein.

      (7)   Place of religious worship.

   C.   The following accessory uses may be allowed:

      (1)   Agriculture .

      (2)   Dormitory.

   D.   The following uses are permitted as a conditional use when authorized by the Board of Commissioners in accordance with the provisions of Article XXV:

      (1)   Licensed day-care center .

      (2)   Life care complex, subject to the provisions of § 255-90 herein.

      (3)   Senior assisted living residence , subject to the provisions of § 255-90.1 herein.

      (4)   A building may be constructed or converted for emergency medical servicesuse subject to the following provisions: [Added 11-5-1997 by Ord. No. 956]

         (a)   The building (s) will comply with the lot , yard and bulk requirements for the institutional district as set forth in § 255-89.

         (b)   The property shall conform to any impervious cover limitations of the institutional zoning district.

         (c)   The organization or agency which provides the emergency medical services must maintain tax-exempt status under Section 501(C)(3) or (4) of the Internal Revenue Code, as amended.

         (d)   A minimum two-mile separation distance shall be provided between like emergency medical service facilities.

         (e)   Outdoor lighting must be restricted to eliminate glare onto surrounding properties.

         (f)   One parking space must be provided for each 200 square feet of office area. Additional parking and maneuvering space for volunteers and emergency medical equipment must be provided based upon the number or size of the vehicles anticipated. The required parking must be provided on all weather surface.

         (g)   Land-based sirens shall not be operated. The Board of Commissioners may impose further restrictions to eliminate noise from the facility or the emergency medical services vehicles to prevent a public nuisance.

         (h)   Signage shall be limited to that otherwise permitted in the institutional zoning district.

         (i)   All emergency medical services vehicles, except those immediately available for use, shall be stored at all times in a fully enclosed building .

         (j)   No motor repair or body work may be performed at the site. Routine maintenance may be performed, but only within a fully enclosed building .

         (k)   Buffering shall be provided in accordance with the requirements of the institutional zoning district. Fencing may also be required for public safety or to avoid a public nuisance. Access drives may penetrate the buffer.

         (l)   The applicant shall demonstrate that any increase in traffic and any use of abutting streets by emergency medical services vehicles shall not adversely impact local traffic conditions or represent a danger to the community.

         (m)   The emergency medical services vehicles shall have direct access onto a primary or secondary street , as set forth on the Official Township Map of Streets.

The regulations for INST Institutional District pertaining to lot area , density and the arrangement of buildings on subject lots shall be specified below:

   A.   Lot area and width. Any parcel of land developed under the terms of this article shall contain a total minimum area of 80,000 square feet with a width of not less than 200 feet at the building line .

   B.   Surface area. [Amended 9-14-2004 by Ord. No. 1139]

      (1)   Building area . Not more than 20% of the area of each lot may be occupied by buildings .

      (2)   Impervious surface . The impervious surface of a lot may not exceed 60%.

   C.   Front yard . There shall be a front yard of not less than 100 feet in depth.

   D.   Side yards . There shall be two side yards on each lot , neither of which shall be less than 25 feet in width.

   E.   Rear yard . There shall be a rear yard on each lot which shall not be less than 50 feet in depth.

   F.   Interior yards .

      (1)   For buildings of three stories or less, but not in excess of 35 feet in height, a minimum distance between any two buildings shall be 35 feet.

      (2)   The required distance between any two buildings shall be increased by an amount equal to that portion of the height of each building which exceeds 35 feet or three stories, whichever is lower. Part or all of the additional required distance between buildings may be provided by setbacks in the building at the thirty-five-foot or three-story level.

   G.   Buffer yards . Along any district boundary line separating the INST Institutional District from a residential district, a buffer yard shall be provided which shall be not less than 50 feet in width measured from such boundary line, or from the street line where such street constitutes the district boundary line. Such buffer yard may be conterminous with any required yard in this district, and in case of conflicts, the larger yard requirements shall apply. In addition, a buffer yard of not less than 50 feet in width shall be provided in the area separating nonresidential uses from residential uses within the INST Institutional District.

   H.   Parking. Off-street parking space shall be provided in accordance with the provisions of Article XIX.

   I.   Streets . All access streets shall have minimum right-of-way widths of 60 feet.

   J.   Utilities. Each building and use shall be served by public water and sanitary sewer facilities at the time of development .

   A.   Intent. It is declared to be the intent of this section to allow life care complex developments only as a conditional use in the Institutional District and to establish reasonable standards of performance and promote the desirable benefits which will follow the development of a safe and adequate life care complex and to ensure that adequate area in a suitable environment is provided. It is the further intent of this section to set forth standards which will ensure that the development of a life care complex in Upper Dublin Township will provide appropriate safety features for the residents as well as ancillary health care, recreational and community facilities as an integral part of the complex. Finally, it is the intent of this section to provide for standards of dwelling unitdensity , parking space and open space areas to increase opportunity of the development of such housing in the Township through private, public or semipublic means, while providing necessary standards and controls to ensure that such life care complex will not exert an adverse impact on surrounding neighborhoods .

   B.   Definition. A life care complex is a development consisting of residential living units exclusively for persons who are 60 years of age or older and for married couples with one spouse or both spouses being of 60 years of age or older. Such developments shall provide nursing facilities, living units, health care services and meals for residents (with or without common dining facilities). Such developments may also provide the following facilities and services for the exclusive use of the residents: physical therapy facilities; auditoriums, recreation facilities; on-site service shops; and other ancillary services deemed to be appropriate by the Zoning Hearing Board.

   C.   Use regulations. Permitted uses , in conjunction with a life care complex, shall be as follows:

      (1)   Single-family attached dwellings for elderly persons .

      (2)   Apartment building and condominiums for elderly persons .

      (3)   Health care facility for elderly persons who require nursing or convalescent care for extended periods of time.

      (4)   Accessory uses exclusively to meet the needs of the occupants of the complex.

   D.   Required open space. For purposes of this section, the term "required open space" shall mean land required under the terms of this article to be permanently preserved for recreation, environmental and aesthetic purposes. Required setbacks from lot lines or street rights-of-way shall not be used in calculating the required open space.

   E.   Development regulations. The following density , area width and yard regulations shall apply to a life care complex.

      (1)   Maximum density . A maximum density of six units per acre shall be permitted. Nursing beds shall be provided for not more than 25% of allowable density and not less than 10% of allowable density of the number of residential living units.

      (2)   Minimum area. An area of not less than 25 acres shall be provided for every life care complex.

      (3)   Permanent open space. No less than 40% of the area of a tract developed as a life care complex shall be retained as permanent open space for use by the residents for recreational and leisure activities.

      (4)   Distance between buildings .

         (a)   For any two exterior facing walls, (the building of which is oriented front-to-front, front-to-rear or rear-to-rear) the minimum distance apart shall be equal to 1 1/2 times the height of the tallest building or a minimum distance of 20 feet, whichever is greater.

         (b)   For any combination of exterior facing walls not qualified under Subsection E(4)(a) above, the total distance apart shall be equal to the height of the tallest building or a minimum distance of 40 feet, whichever is greater.

      (5)   Setbacks.

         (a)   The following minimum setbacks shall be observed.

            [1]   Apartment buildings and health care facilities: 100 feet from any property line.

            [2]   Single-family attached dwellings : 75 feet from any property line.

            [3]   All buildings : 75 feet from the ultimate right-of-way of any public street .

         (b)   There shall be access provided for commercial vehicles to all sides of the building .

      (6)   Parking shall comply with the requirements set forth in Article XIX of this chapter. [Amended 6-11-2002 by Ord. No. 1089]

      (7)   Building height. The maximum building height (to the base of the roofline) shall be 35 feet.

   F.   General requirements.

      (1)   Utilities. All buildings within a life care complex shall be served by a public sewage system and public water system.

      (2)   Common areas and facilities. Provisions shall be made for the perpetual maintenance and care of all common areas , including streets , driveways, parking areas, walkways, landscaped planting areas, open space and recreation.

      (3)   Other facilities. Such other improvements , including roads , curbs and stormwater collection and control facilities, as required by Chapter 212, Subdivision and Land Development, shall be provided.

   G.   Buffer and screening requirements.

      (1)   Buffer.

         (a)   General requirements. Along all exterior property boundary lines there shall be a permanent buffer at least 15 feet in depth, unless this is waived pursuant to Subsection G(1)(c) or (d) below. A screen buffer (as defined herein) shall be provided wherever the development abuts existing residential uses , with the exception of mid-rise or high-rise structures and where abutting other types of uses when deemed necessary by the Township governing body to provide sufficient buffering and transition. A softening buffer (as defined herein) shall be provided wherever the development abuts mid-rise or high-rise residential uses ; existing commercial, office industrial and institutional uses ; any existing street [as modified by Subsection G(1)(c) below], drive or parking area; or open (not wooded) undeveloped land. An open buffer shall be provided wherever the development abuts wooded undeveloped land or where extensive buffers are deemed unnecessary by the governing body.

         (b)   Components. The minimum component of each type of buffer shall be as follows:

            [1]   Screen buffers. The primary components of a screen buffer shall be a row of evergreen trees, at the height of not less than six feet when planted, spaced not more than 10 feet apart on-center, and these trees shall be of such species to attain a height at maturity of not less than 20 feet. Also required as a secondary component of the buffer is one of the following: mounding (the use of which is encouraged), provided that the slopes shall be a maximum of 3:1; visually opaque fencing not greater than six feet in height; and coniferous shrubbery. Any combination of evergreen trees, coniferous shrubs or other natural vegetation or mounding is allowable, provided that an effective visual screen at least 15 feet in height above the adjacent ground elevation in the development is achieved within a reasonable time. But whenever only vegetation is used, there shall be at least a double row of evergreen trees, with the trees in one row offset five feet from the trees in the other row and the rows at least five feet apart.

            [2]   Softening buffer. The primary component of a softening buffer shall be a row of trees, spaced not more than 25 feet apart on-center, at least 25% of which shall be evergreens. The evergreen trees shall be at least six feet in height when planted and shall attain at least 20 feet in height at maturity. Any deciduous trees shall be at least 1 1/2 inches in caliper and eight feet in height when planted and shall attain a height of not less than 20 feet at maturity. These trees shall be interspersed with other allowable components, including any other type of trees, shrubs, mounding, fencing and/or similar natural or man-made elements having a visible vertical dimension or any combination thereof.

            [3]   Open buffer. The open buffer shall at a minimum consist of grass, ground cover and/or similar vegetative material and may include trees, shrubs or other natural landscaping materials.

         (c)   Street boundaries. Rather than the extensive buffer described in Subsection G(1)(b) above, the use of a single row of deciduous trees at least eight feet in height when planted and at least 20 feet in height at maturity, with a spacing of not more than 40 feet on-center, may be provided along all property boundaries which abut a street , wherever necessary for adequate sight distance or where the governing body determines this to be a sufficient buffer to protect the welfare and safety of the community.

         (d)   Existing buffers. In cases where an edge(s) of a development occurs along natural features which function as buffers, including but not limited to mature vegetation, significant grade changes or stream valleys, which are likely to be permanently preserved, buffering may be waived along that edge(s) upon approval of the governing body.

         (e)   Maintenance. All vegetation shall be maintained permanently, and in the event of death or other destruction shall be replaced within one year by the persons responsible for maintenance when death or destruction occurred.

         (f)   Buffer landscape plan. A landscaping plan shall be submitted with the final plans showing all pertinent information, including the location, size and species of all individual trees and shrubs to be preserved or planted or alternatively the general characteristics of existing vegetation masses which are to be preserved.

      (2)   Screening.

         (a)   Loading zone. Truck loading zones shall be maintained and clearly marked and shall be used only for their intended purpose. Truck loading zones shall be screened from view from the ultimate right-of-way and from any adjacent residential use or district. To the fullest extent possible, truck loading zones shall be located to minimize potential auditory impacts on any adjacent residential use or district.

         (b)   Refuse. All refuse shall be kept or stored within the building or buildings of the development .

   A.   It is the intent of this section to allow senior assisted living residences only as a conditional use in the Institutional District and to establish reasonable zoning standards to promote the desirable benefits which will follow the development of a safe and adequate senior assisted living residence and to ensure that adequate space in a suitable environment is provided. It is the further intent of this section to set forth standards which will ensure that the development of a senior assisted living residence in Upper Dublin Township will provide appropriate safety features for the residents as well as adequate social residential services and community facilities as an integral part of the senior assisted living residence . It is the further intent of this section to provide for standards of dwelling unitdensity , parking space and common areas to enhance the residential nature of the senior assisted living residence , while providing necessary standards and controls to ensure that a senior assisted living residence will not exert an adverse impact on surrounding neighborhoods .

   B.   Definition. A senior assisted living residence is a residence for persons age 62 and over, regulated by the commonwealth as a personal care home, as defined in the Pennsylvania Code, which consists of private dwelling units and accessory uses , provides supportive social residential services such as meals, housekeeping, medication management, dressing and grooming assistance, security and twenty-four-hour monitoring, an emergency call system, wellness promotion, exercise programs, local transportation, laundry services and social and recreational programs, together with accessory uses customarily incidental to senior assisted living residences . A senior assisted living residence does not provide in-house skilled nursing home services or hospital services.

   C.   Residence regulations. The following requirements shall apply to a senior assisted living residence :

      (1)   The minimum unit size for each dwelling unit occupied by one resident shall be 200 square feet. The minimum unit size for each residential unit occupied by two residents shall be 300 square feet.

      (2)   No more than two residents shall be permitted to reside in any dwelling unit .

      (3)   Each dwelling unit shall contain a fully private bathroom (including toilet, bathtub and/or shower and vanity/sink), personal closet space, emergency call systems, lockable entry doors accessible by master key or similar system available at all times in the senior assisted living residence and for designated staff, and pre-wiring for private telephone and television reception.

      (4)   No less than 80 square feet of floor area per resident shall be provided for community common areas for dining, active and passive recreation, circulation and socialization, exclusive of hallways and passageways.

      (5)   A central dining area shall be provided, together with a private dining room available for use by residents and their families and guests for private visitation and entertaining.

      (6)   All residential units shall be part of a complex, similar to multifamily housing. No stand-alone units or townhouses shall be permitted.

   D.   Development regulations. The following density , area, dimensional, parking and buffer regulations shall apply to a senior assisted living residence :

      (1)   Lot area . A lot area of not less than seven acres with a minimum lot width at the building line of 300 feet.

      (2)   Frontage. The minimum length of the front property line shall be 300 feet.

      (3)   Density . A maximum density of 14 units per acre shall be permitted. No more than 25% of the allowable units shall be provided for double-occupancy.

      (4)   Building coverage . A maximum building coverage of 15% of the total lot area shall be permitted.

      (5)   Impervious surface coverage. A maximum impervious surface coverage of 30% of the total lot area shall be permitted.

      (6)   Yard setbacks. The following minimum yard setbacks shall be observed from the property line, unless the applicable yard is adjacent to a street , in which case the setback shall be provided from, the ultimate right-of-way line :

 

 

      (7)   The maximum building height, as defined in Chapter 212, Subdivision and Land Development, shall be two floors, not exceeding a maximum height of 35 feet.

      (8)   Parking shall be provided as required by Article XIX of this chapter. A maximum of 35% of the required parking may be held in reserve if the applicant can demonstrate, to the satisfaction of the Board of Commissioners, that the additional parking will not be needed. Regardless of the number of spaces actually developed, a parking area to accommodate the aggregate number of parking spaces required shall be fully designed, and the area which is proposed to be eliminated shall be shown on the land development plan as "parking reserve area." The parking reserve area shall be considered in calculating the impervious surface ratio. The parking reserve area shall be planted with vegetative cover and integrated into the site's land development plan. Such area shall be required to be developed as designed if and when the Zoning Officer determines the need. [Amended 6-11-2002 by Ord. No. 1089]

      (9)   Buffer and screening requirements. The buffer and screening requirements for a senior assisted living residence shall be the same as those outlined in § 255-90G herein for a life care complex. If there is a conflict between said provisions and the Landscape Ordinance, the Landscape Ordinance shall control.

   E.   General requirements.

      (1)   Utilities. A senior assisted living residence shall be served by a public sewage system and public water system.

      (2)   Common areas and facilities. Provisions shall be made for the maintenance and care of all internal and external common areas , including dining and social rooms, driveways, parking areas, walkways, landscaped planting areas and recreation areas.

      (3)   Other facilities. Such other improvements , including driveways, curbs, sidewalks and stormwater collection and control facilities as required by Chapter 212 herein, Subdivision and Land Development, shall be provided.

   A.   Application requirements. Before a life care complex or senior assisted living residence can be permitted in the INST Institutional District, it will be necessary for the applicant to submit an application for conditional use approval to the Upper Dublin Board of Commissioners. [Amended 1-10-1995 by Ord. No. 879; 9-12-1995 by Ord. No. 895]

      (1)   The conformance of the proposed development with this chapter and compatibility with existing and proposed land uses adjacent to the site.

      (2)   The impact on existing floodplains , waterways, heavily wooded areas, steep slopes and other sensitive natural features , if any.

      (3)   The impact on the Township and regional transportation system and the ability of adjacent streets and intersections to efficiently and safely handle the traffic generated by the proposed development .

      (4)   The impact on public utilities, including but not limited to sewage disposal, water supply and storm drainage.

      (5)   The impact upon provisions of policy and fire protection.

      (6)   The impact on the open space and recreation facilities of Upper Dublin Township.

      (7)   The impact upon the character of the surrounding neighborhood . The applicant must show that the proposed development will not adversely affect the surrounding neighborhood .

   B.   Required documentation shall include the following:

      (1)   The location and size of the site, with evidence supporting the general adequacy for development .

      (2)   The proposed residential density of the development and the percentage mix of permitted dwelling types.

      (3)   The location, size, accessibility and proposed use of the open space, manner of ownership and maintenance.

      (4)   Conceptual plans of proposed utility and drainage systems.

      (5)   Plans and renderings indicating the design, utility and aesthetic relationship of building and landscaping within the proposed development .

      (6)   The text of covenants, easements and existing restrictions or those to be imposed upon the land or structures , including provisions for public utilities and trails for such activities as hiking or bicycling, if applicable.

   C.   Application review.

      (1)   The Upper Dublin Township Planning Commission shall review the conditional use application for compliance with the terms of this chapter, Chapter 212, Subdivision and Land Development and shall submit its recommendations thereon to the Upper Dublin Township Board of Commissioners, after review by the Montgomery County Planning Commission in accordance with the requirements of Chapter 212, Subdivision and Land Development. [Amended 1-10-1995 by Ord. No. 879]

      (2)   Upon receipt of the Planning Commission recommendation, the Board of Commissioners shall review the preliminary plans and may:

         (a)   Grant conditional use approval for the proposal as submitted;

         (b)   Grant conditional use approval subject to specified conditions not included in the development plan as submitted; or

         (c)   Deny conditional use approval for the proposal.

      (3)   Upon receiving conditional use approval or approval thereof with conditions, the developer shall submit a final development plan to the Upper Dublin Township Planning Commission complying with the requirements of Chapter 212, Subdivision and Land Development, for Planning Commission review and recommendations. The Planning Commission may require the final development plan be submitted separately for the first and each successive stage.

      (4)   The Planning Commission shall determine at each stage if the final development plans conform to the plans permitted for conditional use approval and the requirements of this chapter and Chapter 212, Subdivision and Land Development. The Commission, having reviewed the final development plans, shall present its recommendations to the Board of Commissioners.

      (5)   Upon approval of the final development plans by the Board of Commissioners and execution by the developer of any necessary land development agreement with the Township of Upper Dublin and posting by the developer of security for construction of public improvements , as required by Chapter 212, Subdivision and Land Development, construction shall begin in accordance with the approved final plan.

      (6)   Development of the tract shall commence in earnest within 36 months of approval under § 255-90 or 255-90.1 of this chapter, or the applicable conditional use approval shall be void. [Amended 9-12-1995 by Ord. No. 895]