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Ordinances

ORDINANCE NO. 79-FF
TOWNSHIP OF UPPER SAUCON

An Ordinance of the Township of Upper Saucon amending Article 2, Section 202 of the Zoning Ordinance, to add definitions for Gross Floor Area, Net Floor Area and Open Space, amending certain provisions of Article 17, Section 1704, Subsection (A) of the Zoning Ordinance pertaining to the floor area, open space, recreation space and water/sewer requirements for Multi-Family and Single-Family Attached Dwellings and amending certain provisions of Article 17, Section 1704, Subsection (K) of the Zoning Ordinance pertaining to lot coverage requirements for Motels, Hotels and Conference/Convention Centers and amending Article 17, Section 1704, Subsection (U) of the Zoning Ordinance pertaining to minimum floor area requirements for dwelling units which are part of a Continuing Care Retirement Community.

The Board of Supervisor of Upper Saucon Township does hereby enact and ordain as follows:

I. Article 2, Section 202 of the Township Zoning Ordinance is hereby amended to add the following definitions:

(CCCC) Gross Floor Area. The sum of the horizontal areas of floors of a building measured from the exterior face of exterior walls or, if appropriate, from the centerline of dividing walls. Gross Floor Area shall include corridors, stairways, closets, attached garages, mezzanines, the thickness of interiors walls, attached carports, attics, cellars and basements with a minimum clearance of 78 inches between floor and ceiling and attached covered decks, courts, balconies and patios. Vent shafts, open courts, open patios, open balconies and open decks shall be excluded from Gross Floor Area calculations. For purposes of administering the Zoning Ordinance, the generic term "Floor Area" shall be interpreted to mean Gross Floor Area.

(DDDD) Net Floor Area. The Gross Floor Area exclusive of unoccupied common and/or public accessory areas such as corridors, stairways, toilet rooms, mechanical rooms, garages, mezzanines and closets.

(EEEE) Open Space. Land areas that are not occupied by buildings, structures, parking areas, streets, or alleys. Open Space shall be permitted to be devoted to landscaping, preservation of natural features, open patios and recreational areas and facilities.


II. Article 17, Section 1704, Subsection (A) of the Township Zoning Ordinance shall be amended to read as follows:

A. Multi-Family Dwellings (MFD) and Single Family Attached Dwellings (SFAD) - The following minimum requirements shall be met:

1. Lot Area. Any parcel of land developed under the terms of this Ordinance for the purpose of MFD shall contain a total minimum lot area of five acres with a width of not less than 300 feet at the building line. Any parcel of land developed under the terms of this Ordinance for the purpose of SFAD shall contain a total minimum lot area of two acres with a width of not less than 200 feet at the building line.

2. Density. The overall gross density of occupancy in any permitted MFD development and SFAD shall not exceed ten dwelling units and eight dwelling units respective, for each acre of lot area.

3. Floor Area. A maximum of 0.25 square feet of Gross Floor Area floor area for MFD shall be permitted for each square foot of land use. The minimum Net Floor Area floor area per dwelling unit shall be 750 square feet.

4. Open Space.
a. At least 2.82 square feet of lot area per one square foot of Gross Floor Area floor area for MFD shall be devoted to open space.
b. At least 2.82 square feet of lot area per one square foot of Gross Floor Area floor area for SFAD shall be devoted to open space.
c. Open space is the total horizontal area of all uncovered open space and one-half of all covered open space. Covered open space is exterior space that is open on its side to weather, but not open above to the sky and weather. It includes roofed porches, roofed carports and covered balconies.
d. Significant natural features such as woodland areas, large trees, natural watercourses and bodies of water, rock outcroppings, and scenic views shall be incorporated into open space areas whenever possible. However, no less than 20% of the required open space area shall be suitable for intensive use as active recreation space.
i. At least 50% of the required recreation space shall be provided in a contiguous area or areas with a minimum dimension of not less than 100 feet by 100 feet having a maximum slope of 6% and being at least 20' from a building or parking area.


5. Recreation Space.
a. At least 0.18 square feet of lot area per one square foot of floor area for MFD and 0.18 for SFAD shall be recreation space.
b. All recreation space counted shall be at least 20 feet away from any residential wall containing a window on the ground floor. The least dimension of a countable recreation area shall average not less than 100 feet and be not less than 50 feet at any point. All designated recreation space must be usable to provide both attractive sitting areas and active recreation areas. As part of the required recreation space, permanent recreation space abutting the property and available for use by the residents may be considered.

6. Yards.
a. Yard requirements shall be in accord with District regulations.
b. Buffer yards. Along each side or rear property line which adjoins a residential or commercial district boundary, a buffer yard of sixty (60) feet shall be provided. Such buffer yard shall meet the requirements of Section 1527.

7. Building Orientation. Facing walls are walls opposite to and parallel with one another and wall lines or wall lines extended or opposite walls intersecting at angles of less than 65 degrees. The minimum horizontal distance (between facing walls) of any two buildings on one lot or any one building with facing walls:
a. Where two facing walls both contain a window or windows shall in no case be less than 75 feet.
b. Between two facing walls only one of which contains a window or windows shall be in no case be less than 50 feet.
c. Between two facing walls neither of which contains a window or windows shall be in no case less than 25 feet.
d. Between corners of two buildings where no exterior wall of one building lies in such a way that it can be intersected by a line drawn perpendicular to any exterior wall of other buildings (other than a line that results from collinear walls) shall be no less than 25 feet.

8. Building Standards. The following building standards shall be required:
a. Maximum building size shall be restricted to no more than 12 family units in any one continuous structure, and there shall not be more than eight family units in any unbroken building structure line. A setback of more than ten feet shall be considered as an acceptable break in the apartment structure line.

9. Off-Street Parking Design Standards. In addition to off-street parking provisions of Article 16, the following additional provisions shall be required:
a. All parking spaces shall be at least 10 feet from any multi-family dwelling or single-family attached dwelling.

10. Water, Sewer and Drainage.
a. The proposed development shall be served by both municipal sanitary sewer and municipal water facilities. central water and sewer disposal systems.
b. A storm runoff and drainage system shall be installed by the developer in accordance with sound engineering principles so as to adequately drain the development and adequate disposal of all runoff and drainage away from the site in a manner that will not result in an excessive amount of water flow across streets or adjoining properties. Drainage plans shall be submitted with the application for a zoning permit and shall be subject to review and approval by the Township Engineer or other qualified persons designated by the Township Board of Supervisors. The Township may require plantings and grading to control runoff.

11. Refuse Storage. All refuse receptacles shall be suitably screened from view.

III. Article 17, Section 1704, Subsection (K) of the Township Zoning Ordinance shall be amended to read as follows:

K. Motel or Hotel or Conference/Convention Center - The following minimum requirements shall be met:

1. There is a minimum lot area of three acres.

2. The Gross Floor Area total floor area of principal and accessory buildings shall not exceed 20 percent of the lot area.

3. No structure, except a permitted sign, shall be nearer any lot line than 100 feet.

4. A minimum 250 foot buffer strip along side, front and rear property lines shall be provided except for entrance and exit drives. The buffer strip shall comprise evergreen trees and foliage and other appropriate ground cover. The entrance and exit drives crossing the street right-of-way shall be limited to two along the frontage of any street.

5. All lighting shall be shielded so as not to shine on abutting properties.


IV. Article 17, Section 1704, Subsection (U) of the Township Zoning Ordinance shall be amended to read as follows:

U. Continuing Care Retirement Community.

1. Buildings and structures may be erected or used for any of the following purposes, and no other, subject to the applicable provisions of the zoning ordinance:
a. Single-family detached dwellings.
b. Two-family detached dwellings.
c. Single-family attached dwellings.
d. Nursing home.
e. Auditoriums, activity and craft rooms, library, lounges, chapel, dining facilities, recreational facilities for the exclusive use of members of the retirement community and accessory maintenance and administrative facilities.
f. Administrative and service facilities designed for and adequate to serve exclusively members of the retirement community including but not limited to medical support facilities and non-commercial personal care services.
g. Outdoor recreation facilities.
h. Other facilities deemed to be appropriate by the Board of Supervisors, upon recommendation by the Township Planning Commission.

2. Dwelling units must conform to the type of unit permitted in the zoning district in which the Continuing Care Retirement Community is proposed to be located, except that duplex units may be allowed in an R-2 District if deemed appropriate by the Board of Supervisors upon recommendation by the Township Planning Commission.

3. Minimum Area - A Continuing Care Retirement Community shall contain a minimum of 20 acres with a width of not less than100 feet at the building line.


4. Density - The number of dwelling units permitted in a Continuing Care Retirement Community shall not exceed the number of dwelling units that would be permitted if the land dedicated to the Continuing Care Retirement Community were developed with conventional dwelling units as permitted in that zoning district. The number of independent dwelling units shall equal or exceed the number of dwelling units comprised of nursing care beds.

5. Dwelling Units - For purposes of this Article, any combination of three in-patient nursing home beds shall constitute the equivalent of one dwelling unit.

6. Floor Area - The minimum Net Floor Area floor area per dwelling unit shall be 350 750 square feet.

7. Minimum required setback and buffer area:
a. Dwelling Units
i. Front, rear, and side yard setbacks shall conform to zoning district requirements.
ii. Buffer yards shall be provided in accordance with section 1527.
b. Nursing Home
i. A minimum 250 foot buffer yard along side, front and rear property lines shall be provided except for entrance and exit drives. In all other respects buffer yards shall be provided in accordance with Section 1527.

8. Development Standards:
a. Street, entrances, exits - The internal circulation within a Continuing Care Retirement Community shall be designed and constructed to insure the safety and convenience of pedestrians and vehicular traffic by providing proper horizontal and vertical alignments, width, physical improvements, pedestrian facilities, driveways, sight distances, and necessary traffic control devices and signs. Suitable access for emergency equipment shall be provided to all buildings and areas.
i. Street right-of-way within a Continuing Care Retirement Community shall not be less than fifty feet wide unless otherwise permitted by the Board of Supervisors.
ii. All access ways to a public street shall be located not less than 150 feet from the intersection of any street line.
iii. All parking, loading, access and service areas shall be adequately illuminated at night. Such lighting, including sign lighting, shall be arranged so as to protect the highway and adjoining properties.
iv. The Board of Supervisors may require such additional building and structure setbacks for sight distance purposes as deemed necessary in the interest of public safety.
v. Residential streets shall not be used as a primary access to a Continuing Care Retirement Community. Internal circulation shall be developed and maintained according to a traffic circulation street plan for the entire Continuing Care Retirement Community. Such a circulation plan shall be submitted as a part of the site plan.
vi. The Continuing Care Retirement Community shall not have more than two direct accesses to arterial or collector highways. Construction of a dedicated street to an arterial or collector highway shall be done by the developer in connection with the development of the Continuing Care Retirement Community and the Continuing Care Retirement Community traffic circulation street plan.
vii. All vehicular streets and access ways within a Continuing Care Retirement Community shall be constructed and improved to meet or exceed minimum Township standards after which they may be dedicated to the Township.
b. Outdoor Storage Areas - Outdoor storage areas may be situated to the side or rear of buildings and shall be enclosed by not less than a six-foot high sight obscuring fence, wall or topographic feature. Such a wall or fence shall be maintained in a structurally sound and aesthetically acceptable condition and shall not be used for advertising purposes.
i. No materials or wastes shall be stored in such areas in such a form or manner that they may be transferred off the lot by natural causes or forces. All materials or wastes which might cause fumes or dust or which constitute a fire hazard shall be stored in closed containers.
c. Building Orientation - All buildings shall be arranged in a group or groups of buildings and a distance at the closest point between any building or groups of attached buildings shall be equal to one and one-half (1 ½) times the height of the tallest building, but shall not be less thirty-five (35) feet. In the event that other provisions of the zoning ordinance relating to grouping of similar residential structures are more stringent, then the requirements and conditions of those provisions shall apply.
d. Parking - Vehicular parking shall be restricted to designated off-street parking areas.
i. General. Continuing Care Retirement Community parking areas shall comply with the requirements of Article 16 of the zoning ordinance.
ii. Improvement. All parking areas shall be provided with storm drainage and shall be surfaced with an impervious type surface.
iii. Landscaping. Parking areas shall be broken up by landscaped areas consisting of grass and trees for every two rows of parking.
e. Loading Areas. Off street loading areas shall be sufficient to satisfy the needs of the particular use as determined by the Board of Supervisors, and shall be subject to the restrictions and standards as set forth in Article 16 of the zoning ordinance.

9. Relationship to Subdivision and Land Development Ordinance:
a. Site and subdivision and zoning appeal for a proposed Continuing Care Retirement Community shall be granted (or rejected) by the Board of Supervisors in accordance with the procedures established by the zoning ordinance and the Township Subdivision and Land Development Ordinance.
b. An application for a Continuing Care Retirement Community site approval shall be in accordance with the Subdivision and Land Development Ordinance.

V. Effective Date

This Ordinance shall become effective five (5) days after enactment by the Board of Supervisors of Upper Saucon Township. In the interim between the first reading and authorizing of publication of notice of public hearing and the enactment, this proposed ordinance shall be a pending ordinance.

V. Protanto Repeal

All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict.

VI. Savings Clause

To the extent that any word, phrase, portion or provisions of the text hereof is found by any court of competent jurisdiction to be invalid or void on constitutional grounds, such word, phrase, portion or provision shall, if possible, be deemed to be repealed and those remaining valid portions of the text shall remain in full force and effect if same can be accomplished without the structure of the ordinance having been destroyed by the elimination of that word, phrase, portion or provision found to be invalid or void.


DULY ENACTED and ORDAINED this _____ ____ day of _____ 2002, by the Board of Supervisors of the Township of Upper Saucon, Lehigh County, Pennsylvania, in lawful session duly assembled.

BOARD OF SUPERVISORS
UPPER SAUCON TOWNSHIP

_______________________
Chairman

_______________________
Vice-Chairman

_______________________
Supervisor

_______________________
Supervisor

_______________________
Supervisor


ATTEST:

_______________________
Secretary


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