Upper Providence Township Montgomery County
City Zoning Code
City Zoning Code
ARTICLE XI
R-4 Residential District
§ 300-219 Legislative intent.
In expansion of the statement of community development objectives contained in § 300-2 of this chapter it is hereby declared to be the intent of this article with respect to R-4 Residential Districts to establish reasonable controls and standards of performance for garden-apartment dwellings in those areas of Upper Providence Township where the existing community character, superior highway access, proximity to commercial and employment centers and the presence or planned extension of sewer and water facilities would most readily accommodate the highest intensity of residential dwelling types permitted in the Township, for the benefit of the residents of the development and in furtherance of the general welfare of Upper Providence Township.
§ 300-220 Permitted uses.
In an R-4 Residential District, a building may be erected, altered or used and a lot may be used or occupied for any of the following uses and no others:
A.
Multifamily dwellings.
[Added 10-17-1994 by Ord. No. 329]
A.1. | Buildings which contain any combination of multifamily dwellings and single-family attached dwellings. [Added 10-17-1994 by Ord. No. 329] |
B.
Parks, playgrounds, tot-lots and open spaces.
C.
The following conditional uses, when authorized by the Board of Supervisors, and in compliance with § 300-60:
[Amended 9-20-1982 by Ord. No. 231]
(1)
An indoor recreation facility, community center or similar use, provided that it is intended solely for the prospective residents of the development.[1]
[1]
Editor's Note: Original § 182-59C(2), specifying professional office or studio use in conjunction with a residential development, and C(3), specifying limited small-scale commercial uses, which immediately followed this subsection, were repealed 10-17-1994 by Ord. No. 329.
D.
Accessory uses on the same lot with and incidental to any permitted use.
E.
A principal use permitted herein may be constructed on the same lot with another permitted principal use(s).
[Added 12-16-1991 by Ord. No. 307]
F.
As a special exception only, communications antennas, in accordance with the provisions of § 300-25, mounted on an existing public utility transmission tower, existing building or other existing structure, and communications equipment buildings, only upon a showing, in addition to any other that may be required under this chapter, that denial of such a special exception would have the effect of prohibiting the provision of personal wireless service. Communications towers are not permitted.
[Added 6-1-1998 by Ord. No. 372]
§ 300-221 District regulations.
The following regulations shall apply in the R-4 Residential District:
A.
Development of the tract shall commence in earnest within 36 months of approval under this article or the zoning of said tract shall revert to its former classification. A transfer of ownership other than by mortgage to another applicant prior to the commencement of construction shall render the development agreement required in Subsection A(4) herein void. Said agreement shall then be renegotiable between the new owner(s) and the Board of Supervisors.
(1)
Ownership. The tract of land to be developed shall be in one ownership or shall be the subject of an application filed jointly by the owners of the entire tract, and it shall be agreed that the tract will be developed under single direction in accordance with an approved plan.
(2)
Sewer and water facilities. The tract of land shall be served by water facilities and public sewer facilities deemed acceptable by the Board of Supervisors, upon recommendation of the Township Engineer.
(3)
Development plan. The application for development shall be accompanied by a plan or plans showing the detailed use of the entire tract, which plan or plans also shall comply with all requirements of Chapter 270, Subdivision and Land Development, and other applicable ordinances, unless these ordinances are relaxed in accordance with § 300-224 herein. The plan shall clearly designate the proposed use(s) of each area of the tract.
(4)
Development stages and permits. The development of a tract carried out in either a single phase or in stages shall be executed in accordance with a development agreement. The owner, developer and Township shall enter into said agreement embodying all details regarding compliance with this article to assure the binding nature thereof on the overall tract and its development, which agreement shall be recorded with the final development plan.
(5)
Community impact. Any application for development in the R-4 Residential District or for any request for a rezoning to this district shall be accompanied by a community impact statement, prepared by a qualified professional(s). The purpose of this statement is to assure that the proposed development will have a beneficial impact upon the site and the surrounding neighborhood or the facilities and services of the Township. The community impact statement is described more fully in § 300-222 herein.
[Amended 12-16-1991 by Ord. No. 307]
B.
Development regulations. The following development regulations shall be followed by all proposed developments within the R-4 Residential District:
(1)
Utilities. All utility lines (electrical, telephone, etc.) shall be placed underground.
(2)
Height regulations. The maximum height of buildings or structures erected or enlarged within the R-4 Residential District shall be:
(3)
Parking regulations. The following standards shall control required parking spaces in the R-4 Residential District:
(a)
Not less than two off-street automobile parking spaces shall be required for each dwelling unit. The required spaces, when they are not an integral part of the building design, shall be arranged within a court or separate parking area(s), as deemed suitable upon review by the Township Planning Commission.
(b)
No parking area of three or more cars shall be located closer than 30 feet to a side or rear property line or closer than 50 feet to an ultimate right-of-way line.
(c)
For parking areas storing 10 or more cars, not less than 10% of the area devoted to parking facilities shall consist of interior parking lot landscaping.
(5)
Access. Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the R-4 residential development without causing undue confusion or interference with the normal traffic flow. The Planning Commission shall satisfy itself concerning the adequacy of the thoroughfare to carry the additional traffic generated by the R-4 residential development, as well as to the street frontage of the proposed development.
(6)
Common areas and facilities. The provision of certain facilities serving the entire development, such as parking lots, interior pedestrianways, driveways or alleys, lighting facilities, landscape planting areas, buffers, open space and recreation facilities, etc., are hereby encouraged and may be located either on individual lots or in common areas. In cases where they are provided in common areas, provisions satisfactory to the Board of Supervisors must be made for their perpetual maintenance and care. The use of these facilities may be restricted to the residents of the development, where practical, and may be maintained by the developer, a homeowners' association or similar instrument. Any common area shall be first offered to the Township by the developer; however, the Township need not accept dedication of the open space but shall maintain first option to acquire with 12 months' notice, if said open space shall ever become available.
(7)
Lighting facilities. Lighting facilities shall be provided as needed and arranged in a manner which will protect the highway and neighboring properties from unreasonable direct glare or hazardous interference of any kind. Lighting facilities shall be required for the safety and welfare of the residents of the development and shall be installed by the developer at his expense and shall be in accordance with the provisions of Chapter 270, Subdivision and Land Development, of the Code of the Township, § 270-76.
[Amended 6-2-2002 by Ord. No. 416]
(8)
Landscaped planting. Shade trees shall be provided along street frontage occupied by an R-4 residential development in accordance with the requirements of the Upper Providence Park and Recreation Committee.
(9)
Buffer area. An R-4 residential development shall provide a permanent landscaped Buffer Type 1, as described in § 270-68D(5) of Chapter 270, Subdivision and Land Development, to screen any residential, commercial, and industrial uses which are adjoining and contiguous to the development.
[Amended 8-1-2011 by Ord. No. 517]
(10)
Recreation and open space; amenities. The developer shall provide community areas, laundry facilities, playgrounds and tot-lots and other services necessary for the comfort and convenience of the prospective residents in the R-4 Residential District. In this regard, the developer shall provide a minimum of 20% of the total area as usable open space for the use of the residents of the development. Such open space shall be governed by the provisions of Article V, Open Space and Recreational Facilities, of Chapter 270, Subdivision and Land Development.
[Amended 2-21-1978 by Ord. No. 197; 8-7-1995 by Ord. No. 342]
C.
Acreage and density requirement. The following minimum tract size and maximum density shall apply in the R-4 Residential District:
(1)
Minimum tract size. A proposal for any development in the R-4 Residential District shall require a minimum tract area of 20 acres, excluding the existing rights-of-way of all public roads, before a development plan can be submitted to the Township for consideration.
[Amended 10-17-1994 by Ord. No. 329]
(2)
Maximum density.
(a)
In the R-4 Residential District, the maximum permitted density shall be 12 dwelling units per developable acre.[1]
[1]
Editor's Note: Original § 182-60C(2)(b) of the 1990 Code, which provided a formula for computing the maximum number of bedrooms in a development proposal, was repealed 10-17-1994 by Ord. No. 329.
(3)
Building coverage. Not more than 10% of the area of each development proposal in the R-4 Residential District may be occupied by buildings.
(4)
Setback from streets. There shall be a setback from the ultimate right-of-way of each street on which a development in the R-4 Residential District abuts which shall not be less than 100 feet in depth.
[Amended 10-17-1994 by Ord. No. 329]
(5)
Setback from boundary lines. There shall be a setback from the R-4 Residential District boundary line or any property line of not less than 50 feet.
(6)
Distance between buildings. The horizontal distance measured in feet between parallel elements of buildings forming courts and courtyards shall not be less than twice the height of the taller building, measured in feet.
(a)
For any two exterior-facing walls, neither of which has any glassed window area from a living-room or bedroom, the minimum distance apart shall be half the height of the taller building.
(b)
For any two exterior-facing walls, the buildings of which are oriented side to side, the minimum distance apart shall be half the height of the taller building.
(c)
For any two exterior-facing walls, the buildings of which are oriented front to front, front to rear or rear to rear [and not qualifying under Subsection C(6)(a)], the minimum distance apart shall be equal to 1 1/2 the height of the taller building.
(d)
For any two exterior-facing walls, the buildings of which are oriented front to side or rear to side, the minimum distance apart shall be equal to the height of the taller building.
(e)
For the purposes of this chapter, all rectilinear buildings will be designated with not less than one front wall and one rear wall. Circular buildings shall have a front side only. Distances shall be measured from the closest points of each building. Where two facing walls are not parallel, the wall nearest the facing orientation shall be that wall with the least angle, in degrees, turned from an imaginary parallel line.
(7)
Any proposed development that does not contain multifamily dwellings shall be governed by § 300-203B(11) for building coverage and § 300-204D(1) for perimeter setbacks.
[Added 4-7-2014 by Ord. No. 538]
§ 300-222 Community impact statement required.
To ensure that a proposed development within the R-4 Residential District will not have an adverse effect upon the natural features of the site, as well as upon the provision of light and air, water, transportation, police and fire protection, schools, utilities and other public facilities, the Board of Supervisors and Township Planning Commission shall evaluate the impact of the development upon the site, the surrounding neighborhood and the facilities and services of Upper Providence Township as listed below. The applicant shall provide the same information required in a statement under § 300-206.
§ 300-223 Evaluation of community impact statement.
The community impact statement required in § 300-221A(5) herein shall be evaluated as provided in § 300-207.
§ 300-224 Plan modifications.
The Board of Supervisors may grant modifications from the specific requirements herein and those of Chapter 270, Subdivision and Land Development, provided that the spirit and intent of this article and the statement of community development objectives contained in § 300-2 are observed and that the overall densities specified herein are maintained. Any such variations shall be embodied in the development agreement specified in § 300-221A(4) herein.