Upper Merion Township
City Zoning Code
City Zoning Code
ARTICLE XL
Personal Care Facilities
§ 165-288 Intent.
The intent of the Township in permitting development pursuant to this article is as follows:
A.
To promote the development of safe and affordable housing for elderly persons who may require assistance and supervision and to ensure that such housing provides accessibility to essential community facilities and services.
B.
To provide the elderly with a variety of housing options within the community.
C.
To provide the elderly with the opportunity for living in a semi-dependent or dependent care environment.
D.
To encourage a sense of community among residents of a complex for elderly persons who may require personal assistance through indoor and outdoor facilities for social interaction.
E.
To provide an adequate amount and design of usable recreational open space.
F.
To promote alternative residential development for the elderly which are compatible with and complement the existing building environment.
§ 165-289 Eligibility criteria.
The Board of Supervisors may grant a conditional use for a personal care facility in accordance with the provisions of § 165-219.1 on sites meeting the following criteria:
A.
Tract size. The minimum size of the tract shall be three developable acres. The maximum size of the tract shall not exceed 10 developable acres.
B.
Lot width. The lot width at the building line shall be a minimum of 200 feet.
C.
Location. Personal care facilities may be located in the AG, R-3, R-3A, R-3B, G, HR, AR, AR-1, SM and SM-1 Districts.
D.
Water and sewer. All personal care facilities shall be serviced by public water and sewer.
E.
Required facilities.
(1)
Dwelling units consisting of a living/sleeping room with a private bathroom containing a toilet and sink at the minimum and containing a minimum of 150 square feet per unit. If the private bathroom facilities do not contain shower and bath facilities, then separate facilities for showering and bathing shall be provided. A maximum of two beds will be permitted in any dwelling unit. Units may contain kitchenettes containing a sink, refrigerator, hot plate, microwave etc.; however, full cooking facilities may not be provided.
(2)
Congregate dining facilities.
(3)
Recreation/social facilities for residents of the complex such as auditoriums, activity rooms, craft rooms, libraries or lounges.
F.
Optional facilities.
(1)
Minor office and retail service facilities designed for and adequate to serve only the residents of the complex, such as but not necessarily limited to the following uses: doctor's office; pharmacy; gift shop; coffee shop; post office; beauty shop; and barbershop. There shall be no signing or other indication on the exterior of the buildings or freestanding on the site to indicate the presence of these uses.
(2)
Security facilities.
§ 165-290 General development standards.
A.
Density. The maximum density for personal care facilities shall be as follows:
B.
Building and impervious coverage. The maximum building coverage shall be the same as that of underlying zoning district; however, the total impervious surface shall be limited to 50% of the site, regardless of the underlying zoning.
C.
Building separation. In the case of two or more buildings, the minimum horizontal distance between each building shall be 30 feet or 1 1/2 times the height of the tallest building, whichever is greater.
D.
Building setbacks. All setbacks shall be measured from the property line, unless the yard is adjacent to a street, in which case the setback shall be measured from the ultimate right-of-way. Front yards shall be a minimum of 50 feet, side yards shall be 25 feet and rear yards shall be 40 feet. Side yards abutting a street shall have a minimum setback of 50 feet.
(1)
Any wall facing a residential district property (unless a public right-of-way) shall have a minimum setback equal to the length of the building wall. A building wall will be considered a separate wall if the wall exceeds 20 feet in length and offset from a similarly facing wall a minimum of 20 feet.
(2)
Any service, kitchen and/or delivery entrance, trash enclosure and ground-mounted mechanical equipment shall be located a minimum of 100 feet from any residential property line and shall be screened to effectively shield it from view from any adjacent property or public right-of-way.
E.
Parking setbacks. All parking areas shall be separated from buildings a minimum of 10 feet. All parking areas shall be separated from the perimeter of the property line a minimum of 25 feet; however, if the abutting property is residential, the minimum distance shall be 30 feet.
F.
Building height. The maximum building height shall be that of the underlying zoning district. In those districts with a maximum height of 35 feet or less, the maximum height of any building wall may be extended to 40 feet to accommodate peaked roofs.
G.
Parking. Parking shall be a minimum of one space for each two beds. If the applicant can provide adequate justification, as determined by the Board of Supervisors, the Township will consider allowing up to 30% of the required parking to be provided as reserve parking.
H.
Landscaping and buffers. Landscaping and buffering shall be in accordance with the provisions of § 145-24.1, landscape requirements of the Subdivision code, except as noted below.
(1)
Interior plantings shall include one shade tree per 500 gross feet of the building footprint.
(2)
Buffer plantings shall be provided along all property lines not abutting a street to protect adjacent development and create a pleasant natural environment for the facility. Buffer shall include a combination of plant material, berms, decorative privacy fencing and other similar architectural features.
(a)
Adjoining nonresidential properties. Buffers shall have a minimum width of 25 feet and contain a minimum of 120 plant units per 100 linear feet of property line. Buffers shall be substantially opaque to a height of six feet at time of planting.
(b)
Adjoining nonresidential properties. Buffers shall have a minimum width of 15 feet and contain a minimum of 80 planting units per 100 feet of linear property line.
(3)
Existing trees that are preserved on the site may be counted as part of the minimum landscape requirements at the discretion of the Board of Supervisors.
I.
Architectural character. To assure that any personal care facility shall be compatible with the surrounding neighborhood, architectural plans, including but not limited to renderings and elevations which provide detail of the exterior construction of the building, shall be submitted as part of the development plan review. The applicant shall be required to demonstrate that the building will be compatible with existing neighborhood development through the use of similar construction and finish materials and architectural details on a scale with surrounding development.
J.
Utilities. All buildings shall be served by public sanitary and water systems. All utility lines shall be placed underground.
K.
Lighting. Lighting facilities shall be provided as needed and arranged in a manner which protects residential units within the personal care facility, neighboring properties, streets and highways from direct glare or hazardous interference of any kind. All outside lighting of buildings, structures or other open areas shall be shielded and located so that source of light is not visible and the glare of reflection visible from a street, residence or structure adjacent to the building, structure or other open area being illuminated shall not be greater than 0.2 footcandles at the property or boundary line. Floodlighting and other highintensity lighting shall be prohibited. Detailed plans showing the design of the proposed lighting system shall be submitted for the Township's review and approval.
L.
Deliveries and service. All service deliveries and pickup, including but not limited to food, laundry, supplies and trash service, shall be limited to the hours of 8:00 a.m. to 5:00 p.m.
M.
Circulation. Each building shall be provided with at least one dropoff area adjacent to an entrance to the building for use by personal vehicles and vans.
§ 165-291 Open space and recreation.
A.
Arrangement. The common open space shall be designed as a contiguous area unless the applicant demonstrates to the satisfaction of the Township 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.
B.
Recreation. Recreation areas and facilities shall be provided to meet the anticipated needs of the complex. Recreational areas should be of a size, shape and relief that is conducive to that group's active and passive recreational needs. The facility shall provide equipment and other facilities as required by the Board of Supervisors. Outdoor recreational and open space shall be a minimum of 20% of the site.
C.
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 or social needs of the residents. The center shall be encouraged to offer the following programs:
(1)
Social and recreational programs.
(2)
Preventive health care programs.
(3)
Continuing education, information and counseling and recreational programs.
(4)
Transportation to facilitate access to services and activities provided outside the facility.
(5)
Services designed to encourage and assist residents to use the services and facilities available to them.
§ 165-292 Application for approval.
The personal care facility shall be available as a conditional use, and application shall be made for such approval in a manner acceptable to the Township. All applications for this conditional use shall be made in accordance with the provisions of Article XXXI herein, and such applications shall be simultaneously considered as a subdivision/land development application. Applications for the personal care facility conditional use shall submit plans delineating the features outlined in §§ 165-290 and 165-291 above in addition to all other requirements of Article XXXI.
§ 165-293 Development plan approval.
A.
Single plan. Any tract developed as a personal care facility shall be developed under single direction with a single approved plan.
B.
Development agreement. The development of a personal care facility shall be carried out in accordance with a development agreement between the owner, the developer and the Township, embodying all details of compliance with this article. Said development agreement shall be recorded with the final development plan.
C.
Provision for maintenance/ownership of facilities. Prior to development plan approval, provisions acceptable to the Township Board of Supervisors and Solicitor for the maintenance/ownership of all common elements, which will not be owned and maintained by the Township, shall be established.
D.
All applications for a personal care facility shall include a traffic impact study.
E.
Discontinuance of use. If the personal care facility discontinues operation, the facility can be converted only to a use permitted in the underlying zoning district.