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
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
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
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
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.
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
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
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
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
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
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
ii. Buffer yards shall be provided in accordance with section
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
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
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
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
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
b. An application for a Continuing Care Retirement Community site
approval shall be in accordance with the Subdivision and Land
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
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
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