§ 155.077 COORDINATED ZONING ALONG MUNICIPAL BORDERS DEVELOPMENT OPTION.
   (A)   Purposes. To coordinate zoning uses along municipal borders to:
      (1)   Reduce environmental impacts or potential nuisances including but not limited to glare, odor, vibration and noise;
      (2)   Aid in reducing heavy truck traffic from the most vulnerable residential, natural and agricultural uses;
      (3)   Coordinate land uses at municipal borders to yield the most harmonious region-wide results between developed, cultivated and undeveloped lands;
      (4)   Consider density, population projections and surrounding developments when reviewing new land development proposals to allow for seamless, rather than shock, transition between the different uses;
      (5)   Direct development to those areas that are more physically suited for residential use;
      (6)   Accommodate future housing demand, housing supply and diversity;
      (7)   Maintain neighborhood character;
      (8)   Encourage a mix of housing of varying sizes and densities to avoid overdependence and excessive uniformity of residential development within an area;
      (9)   Maintain appropriate distances between conflicting land uses (generally industrial or high-traffic commercial) versus housing and agriculture;
      (10)   Provide for transitional forms of development between residential, agricultural and industrial areas;
      (11)   Develop zoning and subdivision and land development regulations that, whenever possible, ensure screening, buffering or other methods of separating intensive uses;
      (12)   Encourage industrial freight traffic to the most appropriate and efficient roadways and to avoid traffic impacts on local roads;
      (13)   Allow each property owner a reasonable use of their land related directly to the features and location and accessibility of the land;
      (14)   Encourage maintaining the character of adjoining residential neighboring zoning districts.
   (B)   Applicability. This section allows an applicant the option for residential use on industrial tracts of land as designated on the Official Zoning Map solely within the CZAMB-OD where the surrounding land uses are primarily residential if the applicant proves compliance with all of the requirements of this section to the satisfaction of the township.
      (1)   The Coordinated Zoning Along Municipal Borders Overlay District ("CZAMB-OD") is an overlay established to permit residential development design within the areas designated on the Official Zoning Map. Coordinated Zoning Along Municipal Borders Development shall be permitted by right solely within the CZAMB-OD, in accordance with the minimum requirements set forth in this Part. In the absence of a specific standard for the Coordinated Zoning Along Municipal Borders development design appearing in this Part, the provisions of the base zoning district shall apply.
      (2)   Uses. A CZAMB shall only include the following uses: single family detached dwellings, recreation uses that the Township approves to be within open space, and utilities necessary to serve the development. A manufactured home park shall not qualify as a CZAMB. In addition, a twin dwelling unit with the dwelling units separated by a vertical wall shall be allowed as long as each unit is on a separate lot.
      (3)   A CZAMB shall be designed as a unified, coordinated residential development, and shall be approved with a single development plan proposed by a single development entity. After final subdivision approval and within an approved development agreement(s) and phasing plan, portions of the development may be transferred to different entities, provided that there is compliance with the approved development plan and this section.
      (4)   Procedures, Applicants must first submit a layout plan for review by the township for zoning compliance before the site layout has been finalized and before completing detailed fully engineered preliminary subdivision plans. This process will allow the township and the applicant to review the project and mutually agree upon the general development layout meeting the purposes as described in § 155.077(A) prior to detailed engineering. At this time the applicant and township shall also review and determine how the applicant will address Section 1007 of the Upper Milford Township Subdivision and Land Development Ordinance relating to recreation areas and fees. The applicant shall also consult the U.S. Postal Service for requirements for mail delivery receptacles and incorporate that into the layout plan. The Township would prefer centralized mail delivery receptacles in new residential developments. Detailed development plans containing stormwater, grading, utility, profile and erosion control plans, and the like shall be submitted for review and approval as part of the subdivision or land development approval process.
      (5)   Applicants shall dedicate, in fee, to a homeowners association such property as may be necessary for all Stormwater Best Management Practices required by the National Pollutant Discharge Elimination Permit as part of the Land Development/Subdivision approval process. The homeowners shall be legally bound to pay fees to the homeowners association for the maintenance and other expenses of owning such land, and with such homeowners association being incorporated with covenants and by-laws, approved by the township prior to the recording of the record plan, providing for the filing of assessments and/or municipal liens for the non-payment of maintenance costs. The Stormwater Best Management Practices shall not be built upon property required to meet the minimum lot area of § 155.077(C)(3)(a)1. and (C)(3)(b)1.
   (C)   Uses and lot standards.
      (1)   All provisions of this zoning ordinance and the applicable zoning district shall apply, except for provisions that are specifically modified by this section. For example, lots in the CZAMB-OD shall comply with any requirements of this chapter to delete certain natural features from lot area of individual lots.
      (2)   Requirements for accessory uses and miscellaneous uses in § 155.068 under the RS-R (Rural Suburban Residential District) heading shall apply if the CZAMB Development Option is used.
      (3)   The following dimensional requirements shall apply, provided that central sewer and central water services are provided:
         (a)   Single Family Detached Dwellings.
            1.   The minimum lot area shall be 9,000 square feet. (See natural feature regulations including § 155.112 for steep slopes. The minimum lot area is per dwelling unit.)
            2.   The minimum lot width shall be 75 feet measured at minimum building setback line.
            3.   The minimum front yard setback shall be 25 feet.
            4.   The minimum side yard setback shall be 15 feet per side.
            5.   The minimum rear yard setback shall be 35 feet.
            6.   The maximum percent building coverage shall be 35%.
            7.   The maximum percent of impervious coverage shall be 45%.
         (b)   Twin dwelling units.
            1.   The minimum lot area shall be 6,500 square feet. (See natural feature regulations including § 155.112 for steep slopes. The minimum lot area is per dwelling unit.)
            2.   The minimum lot width shall be 55 feet measured at minimum building setback line.
            3.   The minimum front yard setback shall be 25 feet.
            4.   The minimum side yard setback shall be 15 feet on one side and 0 feet on the other side where the shared lot line of the lawfully attached dwelling is.
            5.   The minimum rear yard setback shall be 35 feet.
            6.   The maximum percent building coverage shall be 40%.
            7.   The maximum percent of impervious coverage shall be 50%.
      (4)   A lot within the CZAMB-OD shall not include more than one principal use and shall not include more than one principal building.
      (5)   A minimum 20 foot buffer yard including plant screening meeting the requirements of § 155.092(D)(2), (3), (4), (5), and (6) shall be required along the rear and side lot lines that abut another lot with a non-residential use when the CZAMB-OD residential option is used.
      (6)   As a minimum standard the cartway width within a CZAMB-OD residential use shall be 30 feet with curbs on both sides and on street parking on one side.
      (7)   Fences and walls proposed in the required side yard setback area shall be designed to not restrict access to the rear of the dwelling for future utility or emergency purposes. This requirement shall also be included within the covenants and bylaws of the homeowners association.
(Ord. 168, passed 8-18-2022)