The purpose of the MD Multi-Dwelling District is to provide for construction and maintenance of a variety of multiple dwelling housing types and to allow for choice among them while providing reasonable standards for the regulation of the density of population. This district is also intended to provide incentives for age-restricted developments by establishing regulations to permit development tailored to the needs of residents 55 years of age or older, recognizing their special needs and relatively reduced impacts on surrounding land uses .

The Board of Township Commissioners may authorize as an amendment to the Zoning Map the designation of an area as Multi-Dwelling District for the location of an integrated multi-dwelling development or developments , subject to the regulations of this and any pertinent article.

Within the MD Multi-Dwelling District, one or more buildings may be erected or used and a lot may be used or occupied for any of the following purposes:

   A.   Any uses permitted in a residential district of this chapter, including a multiple dwelling .

   B.   Senior assisted-living residence , subject to the provisions of § 255-90.1.

   C.   Age-restricted multiple dwelling , by conditional use , subject to the provisions set forth in this article.

   A.   Tract area . No use permitted in this district shall be constructed or maintained on a tract less than three acres in size. [Amended 5-11-2004 by Ord. No. 1127]

   B.   Dwelling units per acre. The maximum number of dwelling units per acre of tract shall be: [Amended 5-11-2004 by Ord. No. 1127]

      (1)   Multiple dwellings : no more than eight units per acre.

      (2)   Senior assisted-living residences : as provided in § 255-90.1.

      (3)   Age-restricted multiple dwellingdevelopments , no more than 10 units per acre.

   C.   Building coverage : not more than 15% of the tract area . [Amended 5-11-2004 by Ord. No. 1127]

   D.   Setbacks and yards . (1) Tract area .

         (a)   Setback from street . There shall be a setback on each street on which a tract abuts of not less than 75 feet from the ultimate right-of-way of such street .

         (b)   Setback from tract property line. There shall be a setback from each property line of not less than 50 feet in depth. This distance may be reduced to 40 feet if the property line is adjacent to a railroad right-of-way and/or a limited access highway. [Amended 5-11-2004 by Ord. No. 1127]

         (c)   Minimum distance required between buildings . A minimum distance of not less than 30 feet shall be required between buildings of up to 35 feet in height. This separation distance shall be increased to 40 feet if one or both of the buildings are taller than 35 feet. [Amended 5-11-2004 by Ord. No. 1127]

      (2)   Lot area .

         (a)   Front yard . There shall be a front yard on each street or common parking area on which a lot abuts of not less than 30 feet.

         (b)   Side yard . There shall be one side yard on each side of any such building containing twin, duplex or twin duplex dwellings which shall not be less than 20 feet in width.

         (c)   Rear yard . There shall be a rear yard on each lot which shall not be less than 20 feet in depth.

   E.   Each apartment, townhouse or condominiumdwelling unit shall contain at least the following square feet of floor space:

      (1)   One-bedroom unit: 750 square feet.

      (2)   Two-bedroom unit: 900 square feet.

      (3)   Three-bedroom unit: 1,050 square feet.

   F.   Each other multi-dwelling unit shall contain at least 900 square feet.

   G.   Impervious surface coverage. A maximum impervious surface coverage of 40% of the total tract and/or lot area shall be permitted. [Added 6-8-1999 by Ord. No. 1001; Amended 5-11-2004 by Ord. No. 1127]

   A.   Except as provided herein, no building shall exceed 35 feet in height.

   B.   Age-restricted multiple dwellings may exceed 35 feet in height by up to 12 feet, provided all of the following conditions are met:

      (1)   The site topography is such that the building's first floor elevation is 10 feet or more below the mean elevation of the adjacent public right-of-way closest to the frontage of the building . [Amended 9-13-2005 by Ord. No. 1155]

         (a)   For the purposes of measuring building height, if the basement level is used for garage parking it shall not be included in the building height calculation, provided its exterior facade complies with the architectural guidelines set forth in § 255-53.1D and the view of this facade from a public right-of-way is screened. Materials used on this facade must be in addition to the 35% calculation required in § 255-53.1.D(1)(g).

      (2)   For each foot (or portion thereof) of additional height above 35 feet, the front, side and rear yard setback requirements shall increase one foot, except if the line from which the setback is measured is adjacent to a RR row or limited access highway.

   A.   A transitional tract in the MD Multi-Dwelling District is a tract four acres or less in size which has one or more of its property lines in common with property zoned for and improved with single-family detached dwellings . Transitional tracts shall be subject to the following additional regulations when developed with a multiple dwelling :

      (1)   Only townhouse dwellings shall be permitted.

      (2)   Tract area .

         (a)   Setback from street . There shall be a setback on each street on which a tract abuts of not less than 50 feet from the ultimate right-of-way of such street . From private roads and driveways the minimum setback shall be 20 feet from the face of the curb or nearest side of sidewalk. The minimum setback from the entrance driveway of a MD transition development shall be 35 feet from the face of the curb.

         (b)   Setback from tract property line. There shall be a building setback from each property line in common with property zoned in the MD Multi-Dwelling District of not less than 25 feet. There shall be a minimum setback of 40 feet from the tract boundary when the property line is not in common with another MD Multi- Dwelling District. Interior roadways are to be set back a minimum of 40 feet from the tract boundary.

      (3)   Lot area setbacks (minimum).

         (a)   Front yard   20 feet

         (b)   Side yard   10 feet

         (c)   Rear yard   20 feet when abutting another yard area; 35 feet when abutting a driveway

      (4)   Building length or depth. No fewer than three and no more than eight townhouses shall be allowed in a row. Not more than one eight-unit building shall be allowed per tract . Adjacent townhouse units are to be offset a minimum of four feet.

      (5)   There shall be a minimum of 25 feet of spacing between buildings , provided the facing walls are constructed of fire-resistant material, such as stucco. Otherwise, the required minimum spacing is 30 feet.

      (6)   Street frontage locations. Vehicular access shall be provided by a private road which must be designed to facilitate connection with a private road on an adjacent tract if zoned in the MD Multi-Dwelling District.

      (7)   Developments shall provide shared access, access easements, cross easements, and driveway interconnections with adjoining lots .

      (8)   Access easements and maintenance agreements or other suitable legal mechanisms shall be provided, acceptable to the Board of Commissioners in consultation with the Township Solicitor.

      (9)   When it is not yet appropriate to construct driveway interconnections, access easements shall be set aside for future use .

      (10)   Building coverage : not more than 20% of the tract area .

      (11)   Impervious coverage: not more than 50% of the tract and/or lot area .

   B.   Design standards.

      (1)   Architectural features, such as gables, dormers, shed roofs and porticos, shall be utilized on all dwelling units . Flat roofs are prohibited.

      (2)   Entry and garage doors shall be insulated, with raised panels and sidelights or glass inserts.

      (3)   Windows shall have integrated, detailed mullions and shutters with hardware when these types of architectural features are employed.

      (4)   The roof shall be designed with either overhangs, eaves, bargeboards or cornices on all sides.

      (5)   Roof material may include natural slate, shakes, shingle (either wood or asphalt composition), or fiberglass architectural shingles that represent slate or wood.

      (6)   Building materials. Exterior walls shall be high quality and include a combination of materials including, for example: architectural or real stone, stucco or brick and wood or vinyl siding. If vinyl siding is used, it may not occupy more than 15% of the front facade of any residential dwelling unit .

      (7)   The following building materials are prohibited: exterior insulation and finishing systems (EIFS), aluminum siding, aluminum shutters, T-111 or other similar plywood siding. Metal buildings are also prohibited.

      (8)   No building shall exceed 35 feet in height.

      (9)   A minimum of 50% of the dwelling units shall include a front door accessing onto an unenclosed front porch with a minimum depth of six feet and a minimum floor area of 63 square feet. These porches shall be covered by a permanent roof and shall not be enclosed in the future. These requirements shall be documented on the plans and recorded with the final plan in a declaration of easements, covenants and restrictions and/or in another legal form acceptable to the Township Solicitor.

   C.   Street lighting standards.

      (1)   Lighting facilities shall not produce any glare, or hazardous interference on abutting properties or highway.

      (2)   Glare control shall be accomplished through the selection and application of lighting equipment, including shields.

      (3)   Light fixtures shall not be located higher than 12 feet above grade.

      (4)   Light fixtures in parking lots shall be installed within a raised landscape island.

   D.   Landscaping and buffer requirements.

      (1)   All areas of a developed tract not covered by building and/or impervious paving materials shall be maintained as landscaped areas containing trees, shrubs and ground cover materials.

      (2)   A softening buffer shall be maintained along side and rear property lines pursuant to § 212-32.F(2), except that buffer planting is not required along those segments of lot lines where shared access and/or shared parking are located.

      (3)   All other landscaping and buffering standards shall be satisfied in accordance with § 212-32 of the Subdivision and Land Development Code [Chapter 212].

   A.   Each tract or lot shall be provided with parking off of public streets . Such parking areas shall be in addition to the areas required for recreation, service areas and traveling lanes to or on the tract or lot and shall not be leased but shall be for the sole use of the occupants of such building or buildings and visitors thereto.

   B.   The general parking provisions set forth in § 255-135 shall be complied with. [Amended 5- 11-2004 by Ord. No. 1127]

   C.   No parking shall be permitted in a front yard , except in the case of a twin, duplex or twin duplex dwelling .

   D.   No parking or circulation driveway shall be permitted within 30 feet of a property line or ultimate right-of-way line . [Amended 5-11-2004 by Ord. No. 1127]

   E.   For age-restricted multiple dwellings and senior assisted living residences , site density can be increased by three units per acre if 40% or more of the required parking spaces are within a garage below the residential units or below a deck where residents do not have to walk outdoors to reach the parking. [Added 5-11-2004 by Ord. No. 1127; amended 9-13-2005 by Ord. No. 1155]

The following regulations shall apply only to a senior assisted living residence :

   A.   Residence regulations.

      (1)   The minimum unit size for each dwelling unit occupied by one resident shall be 375 square feet. The minimum unit size for each residential unit occupied by two residents shall be 750 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 prewiring 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.

   B.   (Reserved) 18

   C.   General requirements. [Amended 5-11-2004 by Ord. No. 1127]

      (1)   Utilities. A senior-assisted living residence shall be served by a public sewage system and public water system. [Amended 5-11-2004 by Ord. No. 1127]

      (2)   Common areas and facilities. Provision 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. [Amended 5-11-2004 by Ord. No. 1127]

      (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.

The general plan for a multiple dwellingdevelopment shall include evidence and facts showing that it has considered and made provisions for, and the development shall be executed in accordance with, the following essential conditions:

   A.   The proposed development shall be substantially in accordance with this chapter, shall consider the surrounding land features of the area, including but not limited to residences, schools , parks, other reservation of open spaces, locations, width and grade of streets and location and arrangement of parking spaces , local and regional business areas and shopping centers, densities proposed for surrounding areas and such other features as shall contribute to the harmonious development of the area, with due regard to the character of the neighborhood and its peculiar suitability for this type of use . [Amended 1-10-1995 by Ord. No. 879]

   B.   The proposed development shall be constructed in accordance with an overall plan and shall be designed as a unified architectural scheme with appropriate landscaping.

      (1)   If the development of the multiple dwellings is to be carried out in stages, each stage shall be so planned that the foregoing requirements and the intent of this chapter shall be fully complied with at the completion of any stage. The initial stage of development shall comprise a total floor area of not less than 12,000 square feet.

      (2)   The developer shall assure the provision of required improvements by means of a proper completion and guaranty in the form of a bond or the deposit of funds or securities in escrow to cover the cost of the improvements . The work shall be performed in accordance with all requirements and the approved plans.

   C.   The area shall be adaptable to community development , being located in relation to major thoroughfares, streets , railroads, public transportation, shopping or other facilities and as far as possible shall have within or through it no major thoroughfare or other physical feature which will tend to destroy the neighborhood or community cohesiveness.

   D.   All utility lines servicing the multiple dwellings shall be placed underground.

   E.   Concrete, curbs and sidewalks shall be constructed on each street or road abutting the tract or lot .

   F.   All buildings shall be served by a public sanitary sewage disposal system and public water supply.

   G.   No building shall be located on land subject to flooding.

   H.   The developer shall be required where possible to preserve or incorporate natural features such as woods, streams and open space areas, which add to the overall cohesive development of the Multi-Dwelling District and overall Township development .

   I.   The developer shall be encouraged to give consideration to the provision of community areas, laundry facilities, playground, open space and tot-lots and other services necessary for the comfort and convenience of multiple dwelling residents.

   J.   Areas for loading and unloading of delivery trucks and other vehicles and for the servicing of refuse collection, fuel and other service shall be provided and shall be adequate in size and shall be so arranged that they may be used without blockage or interference with the use of access ways or automobile parking facilities.

   K.   Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the apartment without undue congestion to or interference with normal traffic flow. The Board of Commissioners may require a traffic study to satisfy itself as to the adequacy of the thoroughfare to carry out the additional traffic engendered by the multi-dwelling use as well as to the street frontage of the proposed district.

   L.   Lighting facilities provided shall be arranged in a manner which will protect the community and neighboring properties from unreasonable direct glare or hazardous interference of any kind. Lighting facilities shall be required where deemed necessary for the safety and convenience of Multi-Dwelling District residents.

   M.   Areas for the deposit, retention and disposal of waste materials shall be screened from view.

   N.   Each tract shall contain a minimum recreation area at least equal to the number of dwelling units multiplied by 100 square feet.

   O.   All roof, parking, delivery-collection areas and traveling lanes shall be provided with drainage facilities to collect, transport and deliver, via underground conduits, storm- or surface waters to the nearest storm sewers or stream as approved by the Township Engineer.

The use of any property may be age-restricted by its owner in compliance with the Federal Fair Housing Act. Where that has occurred, and where the applicant, in addition, seeks conditional use approval for such use so that the specific regulations herein applicable to age-restricted housing would apply, the applicant shall comply with the following additional regulations:

   A.   Perpetual use guarantee.

      (1)   A property which has been developed to the special standards allowed for this use shall not, at any time in the future, change from age-restricted use unless all of the standards for the other use are complied with.

      (2)   An applicant for an age-restricted use shall provide at the time of final plan approval proof of deed restrictions or other documentation satisfactory to the Township Solicitor that limits the residential use of the property to one where the residents are restricted by age in compliance with the Federal Fair Housing Act.

      (3)   Any homeowners, condominium or renters association associated with an age-restricted property shall include in their bylaws provisions to restrict and enforce the restriction of residents by age in compliance with the Federal Fair Housing Act and the provisions of applicable Township regulations. Such provisions may not be amended unless approved by the Township.

      (4)   Should the management, homeowners, condominium or renters association fail to enforce the age restrictions, the Township reserves the right to do so by any lawful means, including the imposition of fines on the violating residents and/or the management, homeowners, condominium or renters association.

   B.   Common area . For each dwelling unit , a minimum of 80 square feet, exclusive of hallways, passageways and outdoor trails, shall be provided and developed for indoor or outdoor common areas and facilities, such as areas used for dining, or for active recreation or socialization.

   C.   Pedestrian connections and environment. When applicable the following pedestrian connections and environment shall be provided:

      (1)   Walkways and/or trails shall be provided to connect the property with adjacent properties, pathways or trails that provide amenities to residents.

      (2)   Crosswalks, pedestrian signals and warning signage shall be provided at all major driveways and streets in proximity to the property.

      (3)   Pedestrian-scale walkway lighting shall be provided where necessary for the safety of the residents, as required by the Township Engineer. Techniques to minimize the impact of the light on adjacent properties shall be utilized, including but not limited to, full cut-offs and timed lighting.

      (4)   Shade trees and benches shall be provided along internal walkways.

   D.   Development requirements. To mitigate the impacts and promote the safety and welfare of residents in a higher-density setting, compliance with the following requirements shall be demonstrated at the conditional use hearing.

      (1)   Architectural guidelines. The following regulations shall apply to the erection, construction and alteration of structures :

         (a)   Flat roofs shall be prohibited except when designed to allow use of the roof for residents, such as for roof decks or roof gardens Flat roofs shall also be allowed if they are to be used for stormwater detention or for a landscaped "green roof ' that might not be accessible by residents. In no case may the flat roof area exceed 50% of the entire roof area of all buildings on the property. Architectural embellishments that serve a function and add visual interest to roofs, such as dormers, masonry, chimneys, cupolas, towers, and other similar elements shall be included in the design of buildings . Gable and hipped roofs shall have a minimum pitch of 6/12 and shall provide overhanging eaves on all sides extending a minimum of one foot beyond the building wall.

         (b)   Fenestration shall be architecturally compatible with the style, materials, colors, and details of the building . Windows shall be vertically proportioned wherever possible. To the extent possible, upper-story windows shall be vertically aligned with the location of windows and doors on the ground level.

         (c)   Windowless walls, if visible from a right-of-way or vehicular or pedestrian circulation area, are prohibited unless the construction of a blank wall is necessitated by local building codes, in which case the wall should be articulated by details in masonry courses and/or the provision of blank window openings trimmed with frames, sills, and lintels.

         (d)   The Board of Commissioners may approve the use of architectural concepts and designs which differ from those set forth above, if the applicant demonstrates to the satisfaction of the Board that such concepts and designs are in furtherance of the legislative intent of this article and the intent of this subsection.

         (e)   In conjunction with the conditional use application, the applicant shall provide representative, color, perspective renderings and elevations of all proposed buildings . The applicant shall also provide graphic representations showing the relationship between the proposed development and structures on adjacent properties.

         (f)   Balconies, at least 60 square feet in size and with at least six feet in depth from the exterior wall, shall be provided for at least 30% of the dwelling units .

         (g)   Exterior wall and detail materials are to be brick, stone (natural or man-made) or wood on at least 35% of all building faces.

         (h)   One percent of the project's construction costs shall be allocated to public art work to be located in interior and/or exterior common spaces.

      (2)   Signs . Signs shall be designed and constructed to give the appearance of natural materials, shall be of muted color and shall not be internally illuminated. Signs anchored in the ground shall not exceed 10 feet in height. In all other respects, signs shall comply with Article XXI.

      (3)   Bicycle storage. Sufficient area for the storage of bicycles shall be provided as approved by the Township Engineer, including racks or other permanently affixed storage devices to accommodate one bicycle for each 25 required vehicular parking spaces , at a minimum Bicycle storage facilities may be held in reserve upon approval of the Township Engineer upon a finding that the requirements set forth herein exceed the foreseeable need therefor.

      (4)   Traffic control. The conditional use application shall be accompanied by a transportation impact study and parking and circulation analysis as provided in § 212-35.1. The study shall set forth the improvements needed to provide for the safe, efficient and orderly movement of traffic and shall be subject to the approval of the Township Engineer.

      (5)   The applicant shall provide appropriate transit shelters for integration with public or private transit services.

      (6)   Continuous walls or fences and guard booths shall be prohibited within the required setback area.

Plans for any multiple dwellinguse shall be submitted to the Board of Commissioners, pursuant to Chapter 212, Subdivision and Land Development, prior to the issuance of any permit , and such plans shall include, among other things, the following:

   A.   A plot plan of the tract showing the location of all proposed buildings , constructional features on the tract and all parking, delivery-collection areas, recreation areas, traveling lanes, entrances and exits to tract , extent and species of landscaping abutting streets , either public or private, easements, streams and other topographical features of the tract .

   B.   Architectural plans for any proposed building .

   C.   Engineering and architectural plans for the handling and disposal of sewage and other wastes.

   D.   A plot plan showing location of lots .

   E.   Any other data or evidence that the Board may require.

Each apartment, townhouse or condominium shall be constructed in accordance with the requirements of the BOCA Basic Building Code for use Group R, Residential buildings. 20

   A.   In the case of a condominiumdevelopment , the Declaration recorded pursuant to the provisions of the Uniform Condominium Act 21 of Pennsylvania shall contain the requirements that the Upper Dublin Township Commissioners be given notice of all meetings of the unit owners and all meetings of the Council, together with a provision that the Upper Dublin Township Commissioners or their representatives shall be entitled to attend all such meetings. The Code of Regulations adopted pursuant to the Uniform Condominium Act of Pennsylvania shall likewise contain a requirement that the Upper Dublin Township Commissioners or their representatives be given notice of, and shall have the right to attend, all meetings of unit owners and all meetings of the council. It shall also contain a covenant that after 50% of the units are sold, the Council membership shall be placed in the hands of the owners thereof.

   B.   No permit for condominiumdevelopment shall be granted until there shall have been filed with the Township Secretary a certified copy of the Declaration, the Declaration Plan and the Code of Regulations, adopted in accordance with the Uniform Condominium Act of Pennsylvania.

   C.   In the event that all or part of the property subject to the Uniform Condominium Act Declaration shall be removed from the provisions of the Uniform Condominium Act by means of a revocation or an amendment recorded pursuant to the provisions of the Act or by any other means whatsoever, then all use and occupancy of the units shall cease until such time as adequate provision has been made to assure proper maintenance of the common elements of the condominium and approved by the Township Commissioners.

   D.   In the event that the Declaration or Code of Regulations shall be amended or altered in such a way as to effect a noncompliance with the provisions of this section hereof, no occupancy permits may be issued for any units included in the Declaration Plan or amendments thereto until such time as such noncompliance has been removed.