Upper Frederick Township
City Zoning Code
City Zoning Code
ARTICLE XII
R-40 High Density Residential District
§ 285-108 Declaration of legislative intent.
In expansion of the declaration of legislative intent found in Article I, § 285-2 of this chapter and the statement of community development objectives found in Article I, § 285-3, of this chapter. It is the intent of this chapter to:
A.
Permit and encourage a variety of dwelling types that will provide housing for a range of income levels, age groups and lifestyles within the Township.
B.
Permit and encourage high density residential development within and immediately surrounding the villages of Frederick, Obelisk and Perkiomenville, allowing preservation of rural areas of the Township in lower density districts.
C.
Allow concentration of dwelling units in areas that would permit efficient future provision of community or central water supply and sewage disposal.
D.
Permit conventional lotting at reasonable standards where central water supply and sewage disposal are not available.
E.
Require the preservation of natural features and other open space when central water supply and sewage disposal are available or provided to a subdivision or land development.
F.
Provide density and dimensional standards that provide for flexibility in site design and preservation of open space, and encourage attractive development at the highest densities to be compatible with the generally rural character of the Township.
G.
To provide density incentives for the voluntary use of transferred development rights.
[Added 5-12-2011 by Ord. No. 2011-02]
§ 285-109 Permitted uses.
[Amended 9-14-2000 by Ord. No. 00-3; 2-14-2002 by Ord. No. 02-4; 8-14-2003 by Ord. No. 03-04]
A building may be erected, altered or used, and a lot may be used or occupied, for the following purposes and no other:
A.
Single-family detached dwellings served by onlot sewage disposal, in compliance with § 285-111A, herein.
E.
Open space uses including parks and recreation areas for nonintensive uses, when located in the open space areas preserved in development proposals under § 285-111B and C, herein; including hiking, bicycling or bridle trails, picnic areas, playing fields and similar uses, and golf courses, but excluding driving ranges and miniature golf, and excluding other intensively used commercial outdoor recreation and facilities.
F.
Natural areas and related uses including wildlife sanctuary, forest preserve, educational nature center, game farm, fish hatchery, hunting or fishing preserve, or similar uses for the protection and propagation of wildlife.
J.
Agriculture.
L.
Historic educational facility, subject to the following regulations:
(1)
A tract of land on which the historic educational facility is located shall have a minimum of four acres.
(2)
The required number of off-street parking spaces shall be calculated using the schedule established for institutional uses.
(3)
A sketch plan shall be filed with the Township for review by the Code Enforcement Officer and Township Engineer to confirm compliance with all other Township ordinances and rules and regulations.
M.
No-impact, home based business.
§ 285-110 Special exception uses.
[Amended 11-14-1996 by Ord. No. 96-6]
The following uses are permitted where authorized by approval of a special exception by the Zoning Hearing Board, in compliance with § 285-113, herein:
§ 285-111 Density and dimensional standards.
[Amended 7-8-1993 by Ord. No. 93-1; 8-13-1998 by Ord. No. 98-4; 7-10-2003 by Ord. No. 03-02; 8-14-2003 by Ord. No. 03-04]
Subdivision, development and use of land within the R-40 Residential District shall comply with the following requirements:
A.
When onlot sewage disposal is used, plans shall provide sufficient onlot sewage disposal areas in compliance with DEP regulations, and shall comply with the following standards:
(1)
Minimum net lot area: 40,000 square feet.
[Amended 1-14-2010 by Ord. No. 2010-01]
(3)
Minimum yards.
(b)
Side: 30 feet each.
(c)
Rear: 50 feet.
(d)
Maximum building coverage (% of net lot area): 10%.
[Amended 1-14-2010 by Ord. No. 2010-01]
(e)
Easements may be requested by the Board of Supervisors to permit interconnection of open space or natural features of Township-wide significance, in accord with the Township's open space and recreation plan or policies.
B.
When central water supply and sewage disposal are used, the standards in the following table shall apply to single-family detached and two-family dwelling types:
[Amended 1-14-2010 by Ord. No. 2010-01]
Single-Family Detached Cluster | Village House, Lot Line and Two-Family | ||||
|---|---|---|---|---|---|
Maximum density (based on net lot acreage) | 1.75 DU per net lot acreage | 2.5 DU per net lot acreage | |||
Minimum common open space (% of gross tract acreage) | 35% | 25% | |||
Minimum net lot area per dwelling unit | 10,000 square feet | 7,500 square feet | |||
Minimum lot width per dwelling unit | 80 feet | 60 feet | |||
Minimum yards: | |||||
Front | 25 feet | 25 feet | |||
Side | |||||
Village house | 20 feet each | 10 feet each dwelling | |||
Lot line | 20 feet each | 30 feet one side | |||
Two-family | 20 feet each | 15 feet for each | |||
Rear | 30 feet | 30 feet | |||
Maximum building coverage (% of net lot area) | 18% | 18% | |||
Additional permitted building coverage for balconies, decks, entranceway coverage and similar building attachments | 10%* | 10%* | |||
NOTES: | |
|---|---|
*A maximum of 5% can be impervious surface coverage. |
(1)
For lot line and single-family semidetached units a five-foot wide maintenance easement shall be required on the adjacent lot where it is needed for access to the exterior walls.
C.
Single-family attached dwelling served by central water supply and sewage disposal shall comply with the following standards:
(1)
Minimum tract size: 10 acres gross lot area; 80,000 square feet net lot area.
[Amended 1-14-2010 by Ord. No. 2010-01]
(2)
Maximum density: five dwelling units per net lot acre.
[Amended 1-14-2010 by Ord. No. 2010-01]
(3)
Minimum common open space: 35% of the gross lot area.
[Amended 1-14-2010 by Ord. No. 2010-01]
(4)
Minimum net lot area: 2,000 square feet.
[Amended 1-14-2010 by Ord. No. 2010-01]
(5)
Minimum lot width: 20 feet.
(7)
Maximum building coverage (% of net lot area): 50%.
[Amended 1-14-2010 by Ord. No. 2010-01]
(8)
For single-family attached dwellings that are not lotted, the plan shall be drawn with dashed lines equivalent to the required lot and yard minimums to ensure proper building spacing, setbacks, usable areas and emergency access, although the "equivalent lot areas" shall not be privately owned or individually transferred.
(9)
For single-family attached dwellings, the Board of Supervisors shall require an emergency accessway, 20 feet wide, between ends of buildings and behind buildings, which may be independent of the lot areas or be located on easements on the lots.
(10)
No more than six single-family attached dwelling units may be attached to form one building, except that a maximum of 25% of the number of buildings proposed may contain up to eight dwelling units when approved by the Board of Supervisors upon favorable recommendation by the Township Planning Commission.
(11)
The following building and parking setbacks shall apply to single-family attached dwellings and if a conflict occurs with other standards, these standards shall govern:
(a)
(b)
Parking. Parking may be provided as privately owned spaces on individual lots or as commonly-owned parking areas conveniently located among townhouse buildings. Parking setbacks:
(12)
Buffers. A planting area, 25 feet in width, shall be provided along the side and rear tract boundaries, planted with evergreens, shrubbery and other suitable vegetation of sufficient density to provide a total visual screen between the proposed development and adjacent property. Every effort shall be made to retain existing natural screening by topography and vegetation.
D.
Multifamily dwellings shall be served by central water supply and sewage disposal and shall comply with the following standards:
(1)
Minimum gross lot size: 10 acres.
[Amended 1-14-2010 by Ord. No. 2010-01]
(2)
Maximum density: six dwelling units per net lot acre.
[Amended 1-14-2010 by Ord. No. 2010-01]
(3)
Minimum common open space: 35% of the gross lot acreage.
[Amended 1-14-2010 by Ord. No. 2010-01]
(4)
Maximum building coverage: 15% of the net lot acreage.
[Amended 1-14-2010 by Ord. No. 2010-01]
(5)
Maximum horizontal building dimension: 150 feet.
(6)
Minimum distance between buildings: 60 feet.
(9)
Buffers. A planting area, 25 feet in width shall be provided along the side and rear tract boundaries, planted with evergreens, shrubbery and other suitable vegetation of sufficient density to provide a total visual screen between the proposed development and adjacent property. Every effort shall be made to retain existing natural screening by topography and vegetation.
E.
Density bonus. Increased density is available for projects with public water and sewer systems with the use of transferable development rights as follows:
[Added 5-12-2011 by Ord. No. 2011-02]
(1)
Maximum density. The maximum density shall be increased to densities allowed in Table 1, TDR Density Bonuses, of § 285-217B.
(2)
Dimensional standards. The standards in the following table shall apply.
Single-Family Detached Cluster | Village House, Lot Line, and Two-Family | Single-Family Attached | ||||
|---|---|---|---|---|---|---|
a. | Minimum common open space (% of gross tract area) | 25% | 20% | 25% | ||
b. | Minimum net lot area | 7,500 square feet | 5,000 square feet | 2,000 square feet | ||
c. | Minimum lot width | 75 feet | 50 feet | 20 feet | ||
d. | Minimum yards | |||||
Front | 25 feet | 25 feet | 20 feet | |||
Side | 15 feet | 10 feet each dwelling 20 feet one side | 15 feet on end units | |||
Rear | 30 feet | 30 feet | 30 feet | |||
e. | Maximum building coverage (% of net lot area) | 18% | 18% | 50% | ||
f. | Additional permitted building coverage for balconies, decks, entranceway coverage and similar building attachments* | 10% | 10% | - | ||
* A maximum of 5% can be impervious surface coverage | ||||||
§ 285-112 Additional standards.
The following additional standards shall apply to subdivisions and land development proposed in the R-40 Residential District:
A.
Inventory, analysis and sketch plan. Applicants for all proposals shall conduct an inventory and analysis of the site, and are encouraged to submit optional sketch plans for informal review, in compliance with § 285-90, Inventory, analysis and optional and required sketch plans, of the R-80 Land Preservation District of this chapter.
B.
Neighborhood design standards. Proposals served by central water and sewer shall comply with the neighborhood design standards found in § 285-91 of this chapter, with the following exceptions:
(1)
Village houses, lot line dwellings, and twins need not comply with the twenty-five-lot maximum number of lots in a neighborhood (§ 285-91A).
(2)
Neighborhood open space shall count toward the appropriate percentage of required open space for the type of R-40 development proposed [as opposed to the 75% requirement of § 285-91M(5)].
(3)
Neighborhoods shall comply with the neighborhood setbacks of § 285-94C, except that active recreation areas may be as close as 75 feet from neighborhood boundaries, or may be located within neighborhoods when designed as neighborhood parks.
(4)
Multifamily developments shall not be required to comply with the neighborhood design standards.
C.
Open space standards. Proposals served by central water and sewer shall comply with the § 285-92, Open land standards, with the following exceptions:
(2)
Estate lots shall comply with the standards of § 285-94B, with the following exceptions:
(a)
Minimum lot size and maximum developed area.
[Amended 1-14-2010 by Ord. No. 2010-01]
Tract Size (gross lot area in acres) | Minimum Lot Size (gross lot area in acres) | Maximum Developed Area (net lot area in acres) | |
|---|---|---|---|
Under 15 | 2 | 1 | |
15 or more | 5 | 1.5 |
(b)
The maximum developed area shall not be counted in satisfying the minimum required open space requirement.
§ 285-113 Special exception standards.
Applications for uses permitted by special exception in § 285-110 must be accompanied by materials demonstrating compliance with the following:
A.
Appropriate use. The function of the proposed facility shall be appropriate to the location proposed and not one which would more logically be located in another district. The proposed use shall not have adverse impacts on neighboring uses due to noise, glare, odor, dust, vibration or similar negative effect.
B.
Natural features. The buildings and uses shall preserve to the maximum extent possible all floodplains, stream valleys, steep slopes, woodlands, prime agricultural soils and similar environmentally sensitive areas and shall be planned to minimize perceive density or intensity of development. After development, the site shall retain an essentially rural or open character. Easements may be requested by the Board of Supervisors for interconnection of trails and natural features of Township-wide significance.
C.
Road capacity. The existing road system shall be capable of accommodating peak traffic generated by the facility in the safe and efficient manner or be capable of being improved to that level of accommodation without jeopardizing the functioning of the road system.
D.
Visual compatibility. The proposed facility must demonstrate visual compatibility with its surroundings or provide plans to provide visual buffering with vegetative species compatible with existing species on the site.
E.
Parking setback. No parking area shall be closer than 50 feet to any property boundary or right-of-way.
F.
Building coverage shall not exceed 20% of the net lot area.
[Amended 1-14-2010 by Ord. No. 2010-01]
G.
Impervious surface coverage shall not exceed 40% of the net lot area.
[Amended 1-14-2010 by Ord. No. 2010-01]
H.
Dimensional standards.
(1)
Minimum lot size: 130,680 square feet (three acres) gross lot area; 65,340 square feet (1 1/2 acres) net lot area.
[Amended 1-14-2010 by Ord. No. 2010-01]
(2)
Minimum width at front building line: 250 feet.
(3)
Minimum front yard: 50 feet.
(4)
Minimum side yard: each 50 feet.
(5)
Minimum rear yard: 75 feet.
(6)
Maximum height.
(a)
For any dwelling: 35 feet.
(b)
For any building accessory to any dwelling use: 14 feet, not exceeding one story.
(c)
For any nonresidential building or other structure, 35 feet, except that such height may be increased to a maximum of 60 feet or such increased height as may be warranted when approved by the Zoning Hearing Board for such structures as water towers, barns, silos, chimneys and stacks, provided that for every foot of height in excess of 35 feet there shall be added to each yard requirement one corresponding foot of width or depth.