Upper Providence Township Montgomery County
City Zoning Code

To provide for such development in areas consistent with the goals of the Township's Comprehensive Plan, which would be compatible with and protect the existing community character, and which would be located such that they would serve as a transition from existing residential neighborhoods.

To protect the existing vistas into and rural character of large tracts of undeveloped land in the Township.

To provide for creative use of land in areas where it is desirable to preserve open space, stream valleys, agricultural land heritage, tree cover, historic buildings and other natural and man-made amenities.

To permit the construction of residential units, golf course, clubhouse, other recreational uses, along with other related and ancillary facilities consistent and compatible with such a development.

To encourage the creation of individual neighborhoods unified by the golf course and other open space features of the development.

To permanently protect areas of open space from future development.

The residential uses which are permissible in a Golf Course Residential Community are as follows:

In addition to a mix of residential dwellings, a regulation golf course shall be included in every Golf Course Residential Community.

Additional uses which may be developed in conjunction with a Golf Course Residential Community may include the following; provided, however, that none is intended as an independent, freestanding commercial use:

No-impact home-based businesses in accordance with the standards set forth in § 300-26 herein.

Home occupations, provided that all of the requirements of § 300-27 herein shall be met.

Any tract of ground, or contiguous group of tracts which are the subject of an application for conditional use approval as a Golf Course Residential Community pursuant to this article, shall contain a minimum of 250 acres.

Any tract of ground, or contiguous group of tracts which are the subject of an application for conditional use approval as a Golf Course Residential Community pursuant to this article, shall have a minimum of 1,000 feet of frontage, measured along the ultimate rights-of-way, on roads with a feeder or higher classification, according to the Township's adopted Ultimate Right-Of-Way Map. Any individual area of such frontage less than 150 feet in length shall not be credited towards this frontage requirement.[1]

A traffic impact study and community impact analysis, submitted in forms as described in § 300-438E and I of this chapter, respectively, shall be required for any conditional use application submitted pursuant to this article. Evaluation of the community impact analysis shall be in accordance with the procedure set forth in § 300-207 of the chapter. In addition to those requirements of § 300-438I, the community impact analysis shall include a separate section describing the market feasibility of the proposed community, documenting the demand for the types of dwelling units proposed, including the demand for the number of age-restricted units proposed. The section shall also demonstrate the probable recreational demand for the proposed golf course and other recreational amenities proposed. Said section shall include, but not be limited to, a description of all proposed uses, demographic information and projections sufficient to document the demand for the age-restricted units, recreational demand statistics documenting the probable use of the proposed golf course and projected usage rates for the proposed course at initial completion and at the time of full utilization once all dwelling units have been occupied for at least two years.

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 shall be developed under single direction in accordance with an approved master plan and declaration of restrictive covenants, pursuant to §§ 300-331 and 300-332 herein, respectively, and in accordance with approved subdivision and/or land development plans as shall be required. The master plan, declaration of restrictive covenants and development agreement required in Subsection D of this section shall be binding upon all assignees or purchasers of property in the District.

Sewer and water facilities. The tract shall be served by public sewer and public water facilities deemed acceptable by the Board of Supervisors, but subject to the following conditions and exceptions:

Development plans. In addition to the master plan required pursuant to § 300-331 herein, actual application for development of all or part of a tract of land in this District shall be accompanied by subdivision and/or land development plans which shall comply with Chapter 270 of the Township Code, Subdivision and Land Development. The plans shall be subject to the tentative, preliminary and final plan stages, in accordance with the requirements of that chapter.

Development agreement. In addition to the declaration of restrictive covenants required pursuant to § 300-332 herein, approved development of all or any portion(s) of a tract in this District shall be executed in accordance with a development agreement in form and substance satisfactory to the Township. 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 for the tract, or phases(s) or portion(s) thereof, as appropriate. Should any final plans be amended subsequent to original recording, an approved amended final plan shall be recorded, together with an amended development agreement, as necessary.

Density. The maximum density for development pursuant to this article shall be 1.5 dwelling units per developable acre.

Lotting exclusion. In order to allow the maximum flexibility in site design and to take maximum advantage of views of the golf course, lotting is not required in any development built pursuant to this article, nor is any minimum lot size. However, in cases wherein lots are utilized, the distance between any point on a dwelling and the abutting lot line shall not be less than 10 feet, with the following exceptions:

Access restriction. No dwelling unit within the Golf Course Residential Community may take access directly from any road with a feeder or higher classification, regardless of whether said road is existing or proposed. All dwelling units shall gain access from residential roads, internal access roads, drives, courts or similar arrangements.

Setbacks from golf course.

Public road setback. A minimum building setback of 100 feet shall be required from the ultimate right-of-way of any existing frontage roadway or proposed public road of feeder or higher classification. A minimum building setback of 40 feet shall be required from the ultimate right-of-way of any existing frontage roadway or proposed public road of residential classification.

Other building setbacks. Building setbacks, in addition to those prescribed in other subsections of this section, shall be as prescribed in this subsection, unless a greater setback is explicitly or implicitly required by the provisions of Subsections D and E of this section or by the buffer requirements in § 300-330 herein, respectively.

Separation of residential buildings.

Height regulations. The maximum height for all buildings shall be as follows:

Coverage standards. The following standards shall apply to the community as a whole:

Utilities. All proposed utility lines (electrical, telephone, cable TV, internal security system lines, etc.) within the Golf Course Residential Community development shall be placed underground in accordance with the requirements of Chapter 270, Subdivision and Land Development, of the Code of the Township, § 270-59D.

Lighting. Lighting facilities for the residential areas, clubhouse, roads, and parking areas shall be provided as needed and arranged in a manner which protects the existing frontage roads and neighboring properties from direct glare or hazardous interference of any kind. Lighting shall also be arranged to avoid direct glare into the proposed residences. As a result of the unique nature of a golf course development, in lieu of traditional streetlighting, lighting facilities may be required of the residents of the development. Such facilities shall be installed by the developer at his expense and shall be required to be illuminated during hours of darkness and controlled by the homeowners' association(s) or similar entity(ies) which shall be set up to administer and maintain common facilities. All lighting installed in the GCR District shall be in accordance with the provisions of Chapter 270, Subdivision and Land Development, of the Code of the Township, § 270-76.

Signs. All signage to be installed in any location within a golf course development shall comply with all requirements for residential signs, as stipulated in Article XXXIII of this chapter. All signage shall be of compatible materials and design with the buildings and other street furniture found in the development and shall be of a coordinated design throughout the development. In addition to the foregoing, the following additional sign regulations shall govern in a Golf Course Residential Community:

Parking. Parking requirements in the GCR District shall be as follows:

Dwelling mix. Throughout the entire community, a minimum of two residential uses and/or configurations of single-family attached dwellings, as defined in § 300-325A herein, shall be required. Within at least one of those uses/configurations, a minimum of two distinctly different architectural styles shall be required. With the exception of the minimum percentage for single-family detached units of 10%, as stipulated in § 300-325A(1) herein, there shall be no minimum percentage for any proposed residential use or configuration of single-family attached dwellings. Dwelling unit mix requirements need not be enforced if all dwelling units throughout the community are proposed as age-restricted adult units. The Board of Supervisors may grant modifications from the specific mix requirements herein, 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 density specified in § 300-328A herein is not exceeded. Any such variations shall be embodied in the development agreement specified in § 300-327D herein and reflected on the master plan required in § 300-331 herein. Such modifications may be made at the time of initial development plan approval for the entire community, or may be requested and granted at subsequent times as a result of market changes; any subsequent modifications shall be reflected in amendments to the development agreement and master plan.

Trash and refuse areas. Provision shall be made for the storage of trash, refuse, garbage and recyclables, whether inside a building(s) or within a walled or fenced area outside the building(s). The walls or fences of such trash and refuse areas must shield the contents of the enclosure from direct view from any residences and shall be of compatible design and materials with the building(s) which it services. Proper ingress and egress must be provided for removal of the trash, refuse, garbage and recyclables, without conflict with parked vehicles or circulation within the parking area. Around the non-parking-lot-side(s) of any enclosure, landscaping shall be provided to soften the appearance of the enclosure.

Additional development regulations. The following additional regulation(s) shall be applicable to a Golf Course Residential Community, in recognition of the unique type of development which it represents, wherein the Township believes such regulation(s) to be adequate, based upon review and recommendation of the Township Engineer.

The golf course shall contain 18 holes and shall be a minimum of 6,000 yards in length, as measured from the center of the rearmost tee to the center of the green of each hole. The golf course shall be designed by an architect/landscape architect who is a member of the American Society of Golf Course Architects and/or has designed a minimum of five regulation golf courses.

Building permits for a maximum of 25% of the total number of dwelling units approved for all phases of the community may be issued prior to commencing the construction of the golf course. At such time as 50% of the building permits shall have been issued, the Board of Supervisors may request that financial security be posted for the remaining improvement costs for completion of the golf course, with the form of financial security to be determined by the Board. The improvement costs to be secured would be for the golf course only; costs for construction of associated uses as permitted in § 300-325C herein shall be excluded. Building permits shall not be issued for more than 75% of the total number of dwelling units approved for all phases of the Golf Course Residential Community, until such time as the construction of the golf course is substantially complete, which shall be construed to mean that the golf course is playable and is being utilized.

Any clubhouse must be situated such that it is internal to the Golf Course Residential Community, with the exception that it may front onto one of the existing frontage roads. Except for any such roadway frontage, it shall abut any or all of the following: an internal community roadway, the golf course, other open space associated with the community or residential development within the Golf Course Residential Community.

The clubhouse and any other permitted nonresidential buildings shall be of a residentially compatible design. Building bulk and shapes, rooflines and building materials shall be compatible with the residential buildings constructed within the Golf Course Residential Community.

The golf course shall be maintained by an entity satisfactory to the Board of Supervisors. If the golf course ceases to be used for the operation of a golf course for any reason, the area shall be preserved as passive open space and maintained as such. No other use shall be permitted thereon unless and until the operation of a golf course is resumed.

The golf course may be made available to the general public on any day that it is open.

General landscaping requirements. Landscaping throughout the community shall be planned in accordance with the following guidelines:

General buffering requirements. General buffer requirements shall be followed, as stipulated in § 300-459B of this chapter; specifications for the various buffer types listed herein shall be as stipulated in § 300-459C of this chapter. In those instances in which berms are not required, they may be used as a substitute for some of the plant material in a specific buffer situation, if the Township concurs, in its review of the landscape plan, that the berms equal or exceed the buffering qualities necessary in that specific buffer situation. Buffers shall be installed in those situations as prescribed in Subsections C and D of this section, unless golf course landscaping in accordance with Subsection A(3) of this section, or berms in accordance with this subsection, are permitted by the Township as substitutions.

Buffers for dwelling units:

Buffers for golf course use:

As a minimum, said plan shall be drawn to tentative sketch plan requirements, pursuant to § 270-31 of Chapter 270, Subdivision and Land Development. The master plan shall show relationships between the proposed developed areas of the tract with the golf course and other open space areas. It shall show how development of the entire tract, once executed in accordance with this plan, will function cohesively as an integrated development. The master plan shall depict proposed buildings/building groupings, lot lines, vehicular circulation, parking, a general layout of the proposed golf course, usage of other open space areas and a generalized landscaping scheme for the entire tract.

Preservation of natural features shall be assured; demonstration of this shall be documented through the master plan and on subsequently required subdivision and/or land development plans and landscape plans. The following shall be addressed in terms of natural features preservation:

Pedestrian accommodations shall be included on the development tract in locations logical to provide pedestrian movement between buildings, between buildings and parking areas and between the residences and the golf course and other open space areas. Said pedestrian accommodations shall be reflected on each subsequently approved land development plan. In addition to accommodation for pedestrians, accommodations shall be made for golf carts and for the handicapped. For any crossings of roadways with a feeder or higher classification in accordance with the Township's Ultimate Right-Of-Way Map, grade-separated accommodations shall be provided. In any instance wherein a pedestrian, golf cart or handicapped crossing is proposed for a roadway of lesser classification, suitable markings and signage shall be provided to alert motorists of the crossing.

Any change to proposed lots, buildings, circulation, parking, golf course or open space configuration, landscaping or extent of natural features preservation which is substantive in the opinion of the Board of Supervisors will necessitate that a revised master plan to be submitted, approved and recorded to replace any prior master plan(s). The Board may permit modifications, including but not limited to modifications to the layout of dwelling units within the same grouping and minor adjustments in the location of groupings of dwelling units, without submission of a revised master plan. However, any changes approved which are not shown on the currently recorded master plan shall be reflected on the master plan next required. No subdivision or land development for any development on the subject development tract shall be approved without a current recorded master plan.

The most current recorded master plan must contain a tabulation of the ratio of open space provided on the development tract and a tabulation of the number of dwelling units proposed and tract-wide density which will result once said units are constructed. Said tabulations shall be kept current through the most recently approved subdivision and/or land development. A revised master plan must be recorded simultaneously with the recording of each subsequently approved subdivision and/or land development in order that the open space ratio is continually updated. In addition, as each land development plan is approved on an individual lot, a perpetual deed restriction shall be placed on that lot restricting any further subdivision of that lot and further restricting the amount of impervious coverage, to that percentage which was approved as part of the land development plan.

Phasing of a development in the GCR District is expected due to its scale. Phasing shall be reflected on the master plan, with changes to the phasing required to be reflected on a revised master plan. Subdivisions and/or land developments to implement all or a portion of any phase shall be processed in accordance with the requirements for same in Chapter 270 of the Township Code; their depiction on the master plan is required once they are approved by the Township.

Subdivisions for mortgage or similar purposes may be permitted, following the requirements set forth in § 270-30F of Chapter 270 of the Township Code. Subdivisions, duly processed in accordance with the usual requirements for the same as contained in Chapter 270, to allow sections and/or phases of the residential component of the development to be developed separately and/or at different times, may also be permitted. All subdivisions approved by the Township, regardless of purpose, shall be reflected on the most recent master plan.

Provisions for the establishment of a homeowners association(s) or other similar entity as approved by the Township, with mandatory membership by the current owner of each dwelling unit represented in the master plan.

Parties to the declaration of restrictive covenants shall be bound by all restrictions contained therein and shall include, at a minimum, members of the aforementioned association(s), developer, mortgagees of any lot and/or building on the tract, legal entity responsible for golf course operations and entity (if different) responsible for the operations of the clubhouse and its associated facilities, and any other parties having any interest in all or any part of the proposed development, and the Township. Provisions shall be included to permit Township enforcement of the restrictions contained in the declaration in the event that the responsible association(s) or other entities fail to do so.

Cross easements shall be included, which shall assure proper circulation throughout the development and access to all common recreation and open space areas, roadways and common parking areas.

Maintenance provisions shall be included for the golf course, clubhouse and related facilities, other recreational facilities, separate rest room facilities, halfway house, circulation network, common parking areas, landscaping and all other areas not individually controlled by a homeowner in fee title.

Provisions to ensure that development of any buildings, parking or other similar improvements be prohibited on any lots to be utilized solely for open space purposes, as indicated on the most currently approved master plan.

Provisions stipulating each lot owner/resident's rights with respect to common areas.

Any additional restrictions which will be applied to the development which are stricter than existing Township regulations.

Any change to cross easements, maintenance responsibilities or other applicable restrictions which is substantive, in the opinion of the Board of Supervisors, will necessitate an amendment to the declaration of restrictive covenants to be submitted, approved and recorded to replace any prior such document. No subdivision or land development for any development on the subject development tract shall be approved without a current recorded declaration of restrictive covenants.