Limited age-qualified residential use option in the C-1 Commercial District.
Age-qualified single-family detached dwellings or age-qualified single-family semidetached dwellings (twins) are permitted in the C-1 Commercial District on a lot or tract that does not have frontage along a major arterial highway as defined in the Township's Comprehensive Plan, provided they meet the following additional requirements:
A. The lot or tract must be adjacent to or across the street from a residential district.
B. The permitted dwelling units may be located on individual lots, or on one lot or tract with multiple dwelling units.
C. If there is more than two age-qualified single-family detached dwellings proposed on the tract, or more than one age-qualified single-family semidetached dwelling (twin) building proposed on a lot or tract, the group or cluster of such buildings shall be organized under the Uniform Planned Community Act (68 Pa.C.S.A. § 5101 et seq.), the Uniform Condominium Act (68 Pa. C.S.A. § 3101 et seq.), or similar act, which shall provide for operation and maintenance of common facilities through a unit owners' association. In such case the individual dwelling units may be placed on individual lots provided that such lots meet applicable dimensional requirements, or the dwelling units may be located on one overall lot or tract, and the applicable dimensional requirements shall be satisfied on an overall lot or tract basis, unless otherwise specifically stated.
D. Age-qualified for purposes of this section shall meet all applicable provisions of the Federal Fair Housing Act amendments of 1988, and related regulations, or as subsequently amended, pertaining to housing intended for occupancy by persons 55 years or older, including specifically that at least 80% of the units be occupied by at least one person 55 years of age or older, subject to permissible exclusions under the applicable Federal Fair Housing Act amendment regulations. A declaration of restrictive covenants shall be recorded along with the recording of the final plans to include a declaration that includes the following:
(1) A restriction that a minimum of 80% of the occupied dwelling units be occupied by at least one person age 55 or older;
(2) A restriction prohibiting occupancy by any person age 18 or younger, except that an individual dwelling unit may occasionally house persons younger than age 18, such as grandchildren, provided they reside within the dwelling for less than 120 days, cumulatively, in any calendar year; and.
(3) A requirement for written procedures and records to verify compliance with the age restriction requirements in accordance with applicable Fair Housing Act regulations.
Notwithstanding any other requirement members of a household shall not be required to move out of a dwelling if they qualified for residency at the time of their initial occupancy, and no longer meet the requirements for residency because a resident age 55 or older died, divorced, was placed in a nursing or other similar assisted care facility or experienced a similar circumstance. In the event of any conflict between these provisions and current Federal Housing Act regulations pertaining to housing intended for occupancy by persons 55 years or older, the current Federal Housing Act regulations shall be controlling.
E. Area, bulk and height regulations relating to age-qualified single-family detached dwellings.
The following area, width and height regulations shall apply in the case of any lot used as an age-qualified single-family detached dwelling:
(1) Minimum lot area per dwelling unit and width. A lot area of not less than 10,000 square feet per dwelling unit and a lot width of not less than 60 feet at the building line shall be provided.
(2) Building coverage. Not more than 20% of the lot area may be covered by buildings.
(3) Impervious coverage. Not more than 30% of the lot area may be covered by impervious surface.
(4) Front yard. There shall be a front yard on each street on which the lot abuts, the depth of which shall be at least 25 feet.
(5) Side yards. There shall be two side yards not less than 15 feet in width.
(6) Rear yard. There shall be a rear yard, the depth of which shall be at least 25 feet.
(7) Height. The height of any building shall not exceed 35 feet.
(8) Building separation. There shall be a minimum distance of 25 feet between each single-family detached dwelling.
F. Area, bulk and height regulations relating to age-qualitied single-family semidetached dwellings (twins).
The following area, width and height regulations shall apply in the case of any lot used as an age-qualified single-family semidetached dwelling (twin):
(1) Minimum lot area per dwelling unit and lot width. A lot area of not less than 6,000 square feet per dwelling unit shall be provided, and a lot width of not less than 40 feet at the building line shall be provided.
(2) Building coverage. Not more than 25% of the lot area may be covered by buildings.
(3) Impervious coverage. Not more than 50% of the lot area may be covered by impervious surface.
(4) Front yard. There shall be a front yard on each street on which the lot abuts, the depth of which shall be at least 40 feet.
(5) Side yard. There shall be one side yard the depth of which shall be at least 25 feet for each dwelling unit.
(6) Rear yard. There shall be a rear yard, the depth of which shall be at least 40 feet.
(7) Height. The height of any building shall not exceed 35 feet.
(8) Building separation. There shall be a minimum distance of 25 feet between each group of single-family attached (twin) buildings on the lot.
