Doug Heller, Commissioner, Springfield, PA

AAA-AQ Zoning Comparison

ARTICLE IIIB. AAA-AQ Age Qualified Residential Overlay District

[Added 11-16-2005 by Ord. No. 873]

ARTICLE IIIC. AAA-AQ1 Age Qualified Residential-1 Overlay District

[Added 12-21-2005 by Ord. No. 876]

§ 114-3B0. Legislative intent.

It is the intent of this zoning district to:

A. Provide for a greater variety of housing and to serve the needs of older persons who prefer an independent residential environment and do not require intensive individual care.

B. Preserve natural features such as woodland, steep slopes, wetlands, and floodplains and provide open space for residents of each development.

C. Provide greater design flexibility and efficiency in the siting of services and infrastructure.

D. Implement the goals of the Township Comprehensive Plan and Open Space Plan.

E. The provisions of an overlay district shall serve as a supplement to the underlying district. Where there are conflicts between the provisions of the AAA-AQ Age Qualified Residential District and those of the underlying district, the provisions of this section shall apply.

§ 114-3C0. Legislative intent.

It is the intent of this zoning district to:

A. Provide for a greater variety of housing to serve the needs of older persons who prefer an independent residential environment.

B. Recognize that housing for older residents creates less demand on community facilities and services than other types of residential development.

C. Preserve natural features such as woodland, steep slopes, wetlands, and floodplains, and provide open space for residents of each development.

D. Provide greater design flexibility and efficiency in the siting of housing and infrastructure.

E. Implement the goals of the Township Comprehensive Plan and Open Space Plan.

§ 114-3C1. Applicability.

The provisions of this article shall serve as an alternative form of development in the A, AA and AAA Residence Districts, subject to the following:

A. The parcel of land contains a minimum of 30 gross developable acres.

B. The parcel of land fronts on a principal arterial road as designated in the Comprehensive Plan of 1998.

C. The development is served by public or community sewer and water.

D. The proposed development shall be the subject of an application filed by the owners of the entire parcel of land, and it shall be agreed that the parcel of land shall be developed in a unified manner, under a single direction and in accordance with the requirements of this chapter.

§ 114-3B1. Permitted uses.

A. Single-family attached dwellings:

(1) On tracts of land in conformance with § 114-3B2, herein, with central sewer and water. Dwelling units shall be physically grouped together on a portion of the tract while preserving remaining land as permanent open space.

B. Single-family detached dwellings:

(1) Estate lots. On tracts of 10 acres or more to be arranged in such a fashion to preserve natural, scenic, cultural and historic resources.

(2) Standard lots. On tracts of less than 10 acres existing as of the date of adoption of this district, standard lotting that does not physically group lots and is not required to meet the open space and neighborhood design requirements of this district.

C. Open space and open space uses, such as golf course, park, nature preserve, arboretum.

D. Church or chapel, including residence for immediate staff, when authorized by special exception.

E. Elementary and nursery school or a family day-care home, when authorized by special exception.

F. Accessory use on the same lot with a permitted use.

§ 114-3C2. Permitted uses.

A. Single-family detached dwellings.

B. Single-family semidetached dwellings.

C. Open space and open space uses, such as golf course, park, nature preserve, arboretum.

D. Church or chapel, including residence for immediate staff, when authorized by special exception.

E. Elementary and nursery school or a family day-care home, when authorized by special exception.

F. Existing buildings on a tract may be converted to multiple dwelling uses for two or more families, provided that each dwelling shall have at least 1,250 square feet of living area.

G. Accessory use on the same lot with a permitted use.

§ 114-3B2. General regulations.

All proposed age-qualified developments shall meet the following standards:

A. The minimum tract area shall be 10 acres.

B. The maximum tract area shall be 20 acres. On tracts greater than 20 acres, any remaining land which could be further subdivided shall be deed restricted against any further subdivision or land development.

C. The tract shall have a minimum of 1,000 feet of frontage on a public street.

§ 114-3B3. Density and dimensional standards.

A. Single overall plan. The proposed development shall be the subject of an initial application filed by the owners of the entire tract of land, and it shall be agreed that the tract shall be developed in a unified manner, under a single direction and in accordance with the requirements of this chapter.

B. Dimensional standards table.

Maximum Density
Dimensional Standard	Single-Family Attached Units	Estate Lots	Standard Lots
Tract size	10 acres min; 20 acres max	10 acres or more	Less than 10 acres
AA Residential	2.5 units/gross tract area	1 unit/87,120 sq. ft.	1 unit/25,000 sq. ft.
All other zoning districts	3.0 units/gross tract area	1 unit/43,560 sq. ft.	1 unit/12,500 sq. ft.
Lot Size
AA Residential	2,500 sq. ft.	70,700 sq. ft.	Same as above
All other zoning districts	2,500 sq. ft.	35,000 sq. ft.	Same as above
Max. units/Building	4 dwelling units	N/A	N/A
Open space (gross tract area)	50%	20%	N/A
Lot width	28 ft.	150 ft.	100 ft.
Building setbacks
Front yard	25 ft. from curbline	75 ft.	50 ft.
Side yard	12.5 ft. (ends)	40 ft.	25 ft.
Rear yard	25 ft.	50 ft.	25 ft.
Max. building coverage	20% of site area	10%	15%
Max. building height	35 ft.	35 ft.	35 ft.

Notes: All standards above are minimum as specifically stated. All lot areas for estate and standard lots are net developable area

C. Nonresidential uses: Density and dimensional standards are set forth in the estate lot requirements found in § 114-3B2B above, or as prescribed by the Board of Commissioners based upon the actual use proposed.

D. Net developable site area.

(1) In order to minimize disturbance to sensitive environmental areas, all development shall be located within the net site development area. The maximum permitted development area shall be determined by calculating the net development acreage (NDA).

(2) NDA shall be computed as gross developable acreage (GDA) minus the following:

(a) One hundred percent of acreage in existing road rights-of-way.

(b) One hundred percent of acreage in access or utility easements.

(d) One hundred percent of wetlands.

(e) One hundred percent of water bodies and watercourses.

(f) Fifty percent of slopes 15% to 24%.

(g) One hundred percent of slopes 25% or greater.

(3) In the above calculation, the following shall apply:

(a) The one-hundred-year floodplain as determined by the Federal Emergency Management Agency shall be used where available; otherwise alluvial soils shall be used.

(b) Where two or more features overlap, the overlapping acreage shall be counted only once and the most restrictive standard shall apply.

E. Development setbacks.

(1) All dwelling units shall be set back from external arterial road ultimate rights-of-way by a minimum of 200 feet. Dwelling units shall be set back from all other external road ultimate rights-of-way by a minimum of 100 feet. All setback areas along roads shall be landscaped in accordance with the standards of the Subdivision of Land Ordinance. Editor's Note: See Ch. 95, Subdivision of Land.

(2) All dwelling units shall be set back from all tract boundaries by a minimum of 100 feet.

(3) All dwelling units shall be set back from all wetlands, floodplains, watercourses or water bodies by a minimum of 75 feet.

(4) These standards may be reduced by the Township Board of Commissioners in accordance with the following:

(a) Setbacks from roads may be reduced to a minimum of 50 feet if the applicant can demonstrate that existing vegetation, topography, or other environmental feature(s) form an effective visual buffer along the road, or that one can be created by new landscaping.

(b) All other setbacks may be reduced to half of the requirement if the applicant can demonstrate that a reduction improves compliance with the intent and stated goals of this section.

F. Estate lot requirements.

(1) Estate lots shall be restricted from further subdivision by permanent covenants placed on each deed and duly noted on the approved subdivision/land development plans.

(2) Wetlands, floodplain areas, riparian corridors, and slopes with a grade of 15% or more shall be preserved and maintained in their natural condition.

(3) Woodlands shall be preserved to the greatest extent possible. When woodlands are proposed to be destroyed, applicants shall demonstrate that it is not feasible to preserve the woodlands with an alternative street and lot layout. Tree replacement shall be set forth in the Township Subdivision of Land Ordinance.

(4) Homes within estate lots shall be set back at least 25 feet from wetlands, floodplain areas, streams, slopes with a grade of 15% or more, and preserved woodlands.

§ 114-3C3. Density and dimensional standards.

A. Density. The number of homes permitted on a tract shall not exceed 1.8 units per gross developable acreage, nor shall it exceed 2.2 units per net developable acreage.

B. Dimensional standards table.

Dimensional Standard1	Single-Family Detached Units	Single-Family Semidetached Units
Minimum lot size	5,500 square feet	4,500 square feet
Minimum lot width	45 feet	40 feet
Minimum front yard	25 feet to the curb	25 feet to the curb
Minimum side yard	10 feet on each side	10 feet on one side
Minimum rear yard	20 feet	20 feet
Spacing between buildings when lots are not provided	Side wall to side wall: 20 feet; rear wall to rear wall: 60 feet; side wall to rear wall: 40 feet	Side wall to side wall: 20 feet; rear wall to rear wall: 60 feet; side wall to rear wall: 40 feet
Maximum building area	20%	20%
Maximum building height2	35 feet	35 feet
Minimum open space (as percentage of gross developable acreage)	50%	50%

NOTES:
1. Lot sizes, lot widths and yard requirements may be dispensed when the development is in a condominium form of ownership.
2. In cases where development setbacks are to be reduced, the maximum building height shall be 30 feet, per Subsection E.

C. Nonresidential uses: Density and dimensional standards are set forth in the estate lot requirements found in § 114-3A2C, or as prescribed by the Board of Commissioners based upon the actual use proposed.

D. Net developable acreage: The net developable acreage shall be calculated in accordance with § 114-21, Definition of terms. In performing the calculation, the following shall apply:

(1) The floodplain area shall be as identified in § 114-12A(2).

(2) Areas of slope shall be determined by either U.S.G.S data or by a site survey.

(3) Wetlands shall be as based on a jurisdictional determination as issued by the U.S. Army Corps of Engineers.

(4) Where two or more features overlap, the overlapping acreage shall be counted only once and the most restrictive standard shall apply.

E. Development setbacks.

(1) All dwelling units shall be set back from external principal road ultimate rights-of-way by a minimum of 100 feet. For tracts where road widening, turning lanes or deceleration lanes are proposed, the setback shall be reduced to 75 feet if an effective visual screen is constructed either through the use of existing vegetation or the use of berms and landscaping.

(2) All dwelling units shall be set back from all other existing road ultimate rights-of-way a minimum of 50 feet.

(3) All dwelling unit setback areas along roads shall be landscaped in accordance with the standards of the Subdivision and Land Development Ordinance. Editor's Note: See Ch. 95, Subdivision of Land.

(4) All dwelling units shall be set back from all other tract boundaries which abut existing single-family detached lots a minimum of 100 feet, unless the buildings are less than 30 feet in height as measured at the front of the building, in which case the setback from tract boundaries shall be a minimum of 50 feet if an effective visual screen is constructed either through the use of existing vegetation or the use of a combination berm and landscaping.

(5) All dwelling units shall be set back from all wetlands, floodplains, watercourses or water bodies by a minimum of 50 feet.

§ 114-3B4. Inventory and analysis.

The initial proposal for a development shall include an inventory and analysis of the site. The following site elements shall be inventoried and mapped in sufficient detail to allow evaluation of the plan by the Township relative to the intent of the district.

A. Physical resources. Identification of resources associated with the natural environment of the site, including topography, soils, hydrology and vegetation.

B. Land use. Current land use and land cover, all building and structures, and all encumbrances (e.g., easements, covenants).

C. Visual resources. Scenic views onto the site from surrounding roads and public areas, and views of scenic features from within the site.

D. Cultural and historic resources. Brief description of historic character of buildings and structures and the proposed disposition of the resource(s).

E. Context. General outlines of buildings, land use, and natural features within 100 feet of the site.

§ 114-3C4. Inventory and analysis.

A. Physical resources. Identification of resources associated with the natural environment of the site, including topography, soils, hydrology and vegetation.

B. Land use. Current land use and land cover, all buildings and structures, and all encumbrances (e.g., easements, covenants).

C. Visual resources. Scenic views onto the site from surrounding roads and public areas, and views of scenic features from within the site.

D. Cultural and historic resources. Brief description of the historic character of buildings and structures and the proposed disposition of the resource(s).

E. Context. General outlines of buildings, land use, and natural features within 100 feet of the site.

§ 114-3B5. Design and development standards.

A. Single-family attached development requirements.

(1) All units shall be clustered together into compact groups that shall be surrounded by open land.

(2) Disturbance to woodlands, hedgerows, mature trees or other significant vegetation shall be minimized.

(3) Views of the development from exterior roads shall be minimized by the use of changes in topography, existing vegetation or additional landscaping.

(4) All units shall take access from interior roads rather than roads external to the site. Existing dwelling units to remain may take access from an external road with approval of the Board of Commissioners.

(5) All units shall conform with § 114-3B5C, herein.

B. Open space.

(1) The following uses are permitted in open space areas:

(a) Conservation of open land in its natural state (e.g., woodland).

(b) Passive recreation, such as trails, community garden, lawn and picnic areas.

(d) Easements for drainage, access, sewer or water lines, or other public purposes.

(e) Stormwater management facilities.

(f) Parking areas of 10 or fewer spaces where needed to serve active recreation facilities.

(g) Aboveground utility and road rights-of-way, except that their land areas shall not count toward the total required open space.

(2) Open space shall be located and designed to protect site features identified in the inventory and analysis as having particular value and maximize common boundaries with open space on adjacent properties.

(3) Safe and convenient pedestrian and maintenance access shall be provided to open space areas.

(4) The following are prohibited in open space areas:

(a) The construction of any buildings or structures unless they are a part of an approved plan for the open space area.

(b) The construction of any driveways, lanes or pathways intended to be used by motor vehicles unless they are a part of an approved plan for the open space area.

(c) Use of motor vehicles except within approved driveways and parking areas. Maintenance, law enforcement and emergency vehicles are permitted as necessary.

(d) Cutting of healthy trees, regrading, topsoil removal, altering, diverting or modifying watercourses or water bodies, except in compliance with a land management plan for the property conforming to standards of forestry, erosion control and engineering.

(e) Area used for residential lots.

C. Unit occupancy.

(1) No more than three persons shall occupy a dwelling on a permanent basis, at least one of whom shall be 55 years of age or older. With the exception of full-time caregivers, no persons under the age of 19 shall occupy a dwelling for more than three months in a calendar year.

(2) Occupants, if unrelated by blood or marriage, shall be 55 years or older.

(3) Declaration of age restriction. At the time of subdivision and land development, as prerequisite to recording of any final plan approved, the developer shall record a declaration against the entire tract, in a form acceptable to the Township, binding all properties and owners to the restriction which shall require the permanent residents of an age-qualified community residing in individual dwelling units within the AAA-AQ Age Qualified Residential District to be age 55 or older, and shall require that, with the exception of full-time caregivers, any resident of an individual dwelling unit within the age-qualified community under the age of 19 years of age shall not reside in that unit for more than three months in any calendar year.

§ 114-3C5. Design and development standards.

A. Development requirements.

(1) All units shall be clustered together into compact groups that shall be surrounded by open land.

(2) Disturbance to woodlands, hedgerows, mature trees, slopes over 15% or other significant vegetation shall be minimized.

(3) Views of the development from exterior roads shall be minimized by the use of changes in topography, berming, existing vegetation or additional landscaping.

B. Open space.

(1) The following uses are permitted in open space areas:

(a) Conservation of open land in its natural state (e.g., woodland).

(b) Passive recreation such as trails, community garden, lawn and picnic areas.

(d) Easements for drainage, access, sewer or water lines, or other public purposes.

(e) Stormwater management facilities when BMP practices are employed.

(f) Parking areas of 10 or fewer spaces where needed to serve active recreation facilities.

(3) Safe and convenient pedestrian and maintenance access shall be provided to open space areas.

(4) The following are prohibited in open space areas:

(a) The construction of any buildings or structures unless they are a part of an approved plan for the open space area.

(b) The construction of any driveways, lanes or pathways intended to be used by motor vehicles unless they are a part of an approved plan for the open space area.

(c) Use of motor vehicles except within approved driveways and parking areas. Maintenance, law enforcement and emergency vehicles are permitted as necessary.

C. Unit occupancy.

(2) Occupants, if unrelated by blood or marriage, shall be 55 years or older.

(3) Declaration of age restriction. At the time of subdivision and land development, as prerequisite to recording of any final plan approved, the developer shall record a declaration against the entire tract, in a form acceptable to the Township Solicitor, binding all properties and owners to the restriction which shall require that at least one of the permanent residents residing in individual dwelling units within the AAA-AQ1 Age Qualified Residential District to be age 55 or older, and shall require that with the exception of full-time caregivers, any resident of an individual dwelling unit within the age-qualified community under the age of 19 years of age shall not reside in that unit for more than three months in any calendar year.

§ 114-3B6. Ownership and maintenance of common facilities and open space.

A. Purpose. The purpose of these regulations is to ensure adequate planning for operation and maintenance of open space, recreation facilities, stormwater facilities, and any other common or community facilities.

B. Ownership. The following methods of ownership may be used, either individually or in combination.

(1) Fee simple dedication to the Township, although the Township shall not be required to accept the offer of dedication.

(2) Homeowners' association, in accordance with the following:

(a) The applicant shall provide the Township with a description of the organization, including its bylaws, and all documents governing ownership, maintenance and use restrictions for common facilities. These items must be submitted prior to the release of the first building permits.

(b) The organization shall be established by the applicant and be operating (with financial subsidization by the applicant, if necessary) before the sale of any dwelling units in the development.

(d) The organization shall be responsible for the maintenance and insurance of common facilities.

(e) Written notice of any proposed transfer of common facilities by the association or the assumption of their maintenance must be given to all members of the organization and to the Township no less than 30 days prior to such event.

(f) The organization shall have or hire adequate staff to administer, maintain, and operate common facilities.

(3) Dedication of easements to the Township or county, although neither the Township nor the county shall be required to accept the offer of dedication.

(4) Transfer to a private conservation organization which shall fulfill the maintenance, insurance and related obligations required by this article.

C. Maintenance and operation.

(1) As a condition of final plan approval, the applicant shall provide a plan for the maintenance and operation of common facilities that:

(a) Defines ownership.

(b) Establishes necessary regular and periodic operation and maintenance responsibilities.

(c) Estimates staffing needs, insurance requirements and associated costs and defines the means for funding on an ongoing basis. Such funding plan shall include means for funding long-term capital improvements as well as regular yearly operating and maintenance costs.

(2) At the Township's discretion, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common facilities for up to one year.

(3) In the event that the organization established to maintain common facilities, or any successor organization, fails to maintain all or any portion of the common facilities in reasonable order and condition, the Township may assume responsibility of maintenance. The costs associated with this action may be charged to the property owner(s) or homeowners' association (or similar organization), any escrow funds may be forfeited, and any permits revoked or suspended.

(4) The Township may enter the premises and take corrective action. The costs of such corrective action may be charged to the property owner(s) or homeowners' association (or similar organization) and may include administrative costs and penalties. Such costs shall become a lien on said properties. Notice of such lien shall be filed by the Township in accordance with applicable legal requirements.

§ 114-3C6. Ownership and maintenance of common facilities and open space.

B. Ownership. The following methods of ownership may be used, either individually or in combination:

(1) Fee simple dedication to the Township, although the Township shall not be required to accept the offer of dedication.

(2) Homeowners' association, in accordance with the following:

(b) The organization shall be established by the applicant and be operating (with financial subsidization by the applicant, if necessary) before the sale of any dwelling units in the development.

(d) The organization shall be responsible for the maintenance and insurance of common facilities.

(f) The organization shall have or hire adequate staff to administer, maintain, and operate common facilities.

(g) Dedication of easement to the Township or county, although neither the Township nor the county shall be required to accept the offer of dedication.

(h) Transfer to a private conservation organization which shall fulfill the maintenance, insurance and related obligations required by this article.

C. Maintenance and operation.

(1) As a condition of final plan approval, the applicant shall provide a plan for the maintenance and operation of common facilities that:

(a) Defines ownership.

(b) Establishes necessary regular and periodic operation and maintenance responsibilities.

(c) Estimates staffing needs, insurance requirements and associated costs and defines the means for funding on an ongoing basis. Such funding plan shall include means for providing long-term capital improvements as well as regular yearly operating and maintenance costs.

(2) At the Township's discretion, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common facilities for up to one year.

(3) In the event that the organization established to maintain common facilities, or any successor organization, fails to maintain all or any portion of the common facilities in reasonable order and condition, the Township may assume responsibility of maintenance. The costs associated with this action may be charged to the property owners) or homeowners' association (or similar organization), any escrow funds may be forfeited and any permits revoked or suspended.

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