Upon motion by _______________________, seconded by _________________________, the following Ordinance was duly enacted, _____ voting in favor of enactment, _____ voting against enactment.
ORDINANCE
2000-6
An Ordinance to
amend and restate regulations in Millcreek Township Ordinance 74-29, as
amended, known as the Zoning Ordinance and Millcreek Township Ordinance 65-1,
as amended, known as the Subdivision & Land Development Ordinance, amending
the term “developable land”; amending regulations governing the “D” Residence
zoning district; establishing regulations governing open space in the “D”
Residence District; authorizing modification of lot and height regulations in
appropriate cases; and containing repealor and severability clauses.
WHEREAS, the Millcreek Township Zoning Ordinance, Ordinance 74-29 as amended, establishes regulations governing uses permitted and such matters as density of development, lot and area requirements, maximum height of buildings and open space; and
WHEREAS, regulations in the “D” Residence District were established over twenty years ago to establish minimal requirements; and
WHEREAS, Sections 405 and 807 of the Zoning Ordinance have specifically addressed the “D” Residence district and certain regulations governing the district have been set forth in Sections 601 and 701 of the Ordinance; and
WHEREAS, land use regulations must be met in order to approve a land development, and development of land for multi-family use constitutes a land development subject to regulation under the Subdivision and Land Development Ordinance; and
WHEREAS, the Board of Supervisors has authority under the Second Class Township Code to regulate access to Township streets; and
WHEREAS, Township streets generally are not constructed, designed or intended to serve as collector streets or to accommodate large volumes of traffic, particularly in or adjacent to residentially zoned areas of the Township; and
WHEREAS, the Zoning Ordinance does not expressly provide for use of land as an independent or assisted living facility; and
WHEREAS, the Board of Supervisors finds that minimal regulations governing the “D” Residence district do not properly address the nature of the use and the present circumstances of the Township, and that such regulations are susceptible to application which is contrary to the objectives of the Comprehensive Plan and the Township’s planning; and
WHEREAS, the Board of Supervisors finds that the definition of “developable land” as established in Article III of the Zoning Ordinance by Ordinance 95-18 does not adequately address prohibitions against development of floodplain lands and developments where streets or other improvements are privately owned; and
WHEREAS, the Board of Supervisors finds that establishing maximum density standards for residential use districts is in the best interest of the general health and welfare and best allows for ingenuity and flexibility in design of developments; and
WHEREAS,
the Board of Supervisors finds that modification of regulations governing the
“D” Residence District is in the best interest of the general health, safety
and welfare and will encourage ingenuity in design of development, preserve
open space, ensure that streets or highways accessed by development can better
accommodate the use and is in the best interest of residents of multi-family
developments.
IT IS HEREBY
ORDAINED AND ENACTED by the Board of Supervisors of the
SECTION 1. Article III of the Zoning Ordinance as amended by Ordinance 95-18 is hereby amended so as to amend and restate the term and definition of “developable land” as follows:
DEVELOPABLE LAND - That land proposed for development which excludes therefrom all portions thereof (1) dedicated or to be dedicated or devoted for use as public or private streets, (2) dedicated or to be dedicated or devoted to use as public or private improvements, including but not limited to stormwater management facilities, (3) defined by the Pennsylvania Department of Environmental Protection as wetlands, (4) defined by appropriate Federal or State agencies as being within a 100-year floodplain and (5) having a slope in excess of twenty-five percent (25%).
SECTION 2. Section 405 of Ordinance 74-29, known as the Millcreek Township Zoning Ordinance, as amended, is hereby amended, repealed and restated to provide as follows:
SECTION 405. “D” RESIDENCE DISTRICT
A. Permitted Uses. In a “D” Residence District, land may be used and buildings or structures may be erected, altered and/or used only for the following:
1. Multiple dwelling unit or apartment of two or more units.
2. Playground, park, athletic field, swimming pool or other recreational facility not operated as a business for profit.
3. Church or other place of worship.
4.
One-, two-, three- or four-family dwelling unit
building(s) developed, owned, held and maintained as a condominium or planned
community under
5. Group residence facility having a maximum of twelve (12) residents.
6. Independent or assisted living residential facility; provided, that this shall not include a hospital or use within the definitions of a hospital, nursing home, convalescent center or treatment center or a facility whose principal use and purpose is provision of medical, mental or other health care treatment to persons in need of the same and provided further, that residents of the facility must be capable of independent living.
7. Accessory uses incident to any of the principal uses listed above (see Section 414).
B.
Density,
1. Maximum density: Subject to compliance with all applicable regulations, the maximum allowed density of development per acre of developable land shall be:
(a) If the development has access solely upon one or more State highways or a Township street developed as an arterial or urban collector street:
Minimum
Unit Size Area Per Unit Density-Units
1-bedroom 2,000 18
2-bedroom 2,400 15.5
3-bedroom 2,800 13
(b) If the development has access upon a Township street other than one developed as an arterial or urban collector street:
Minimum
Unit Size Area Per Unit Density-Units
1-bedroom 2,700 11.5
2-bedroom 3,240 10
3-bedroom 3,780 8.5
(c) If a development involves less than one acre of developable land and meets the regulations of this Section, minimum lot area per unit as set forth above shall, together with other applicable requirements of this Section, determine allowed density without regard to the stated maximum density above.
2. Minimum
(a) The minimum lot area for an permitted or authorized use shall be 9,600 square feet if served by public water and sewer.
(b) The minimum lot area for a permitted or authorized use shall in each case be such as to comply with applicable lot, area, density and other regulations governing the proposed use or development.
3.
Minimum
4.
Minimum
5.
Maximum
(a) Not more than thirty percent (30%) of the total lot area shall be covered by buildings.
(b) Dwelling
buildings shall be separated from one another and from any other building by at
least fourteen feet (14').
6. Yard Setbacks:
(a) Front Yard - thirty feet (30') from public street right of way line
(b) Rear Yard - twenty feet (20') from adjoining property line
(c) Side Yards - fourteen feet (14') from adjoining property line
C. Maximum Height of Buildings.
1. Three (3) stories or forty feet (40'), whichever is less.
2. Buildings or structures exceeding thirty-five feet (35') in height shall conform to applicable regulations of the Federal Aviation Administration and the Pennsylvania Bureau of Aviation regarding objects affecting navigable air space and to the Millcreek Township Airport Zoning Ordinance.
3. For each foot a building or structure exceeds 35 feet in height, the distance of its offset from a front, side and rear property line shall be increased by one foot (1') over the required minimum.
SECTION 3. Section 807 of Ordinance 74-29, known as the Millcreek Township Zoning Ordinance, as amended, is hereby amended, repealed and restated to provide as follows:
SECTION 807. OPEN SPACE - MULTI-FAMILY USES
A. Whenever a lot is developed for multiple family use, open space as defined in Article III of this Ordinance and comprising not less than fifteen percent (15%) of the total developable land within the development shall be set aside and provided permanently for the common enjoyment of the residents of the development.
B. The design standards for open space areas as set forth in Section 813 of this Ordinance shall govern such open space, with the exception that access to such open space by residents of the development shall be ensured from a street within the development and/or a pedestrian walkway to which all residents of the development have a right of use.
C. Such open space shall constitute developable land as defined in Article III of this Ordinance and in the Subdivision and Land Development Ordinance, and shall not include land having a slope in excess of twenty-five percent (25%).
D. Not less than fifteen percent (15%) of the open space within a multi-family residential devel