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Borough of Chester Heights, PA
Delaware County
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[Added 10-3-2011 by Ord. No. 188]
Overlay districts shall be used in accordance with the following:
A. 
For the purpose of this article, the sections within this article shall be overlays to the underlying districts as shown on the Chester Heights Borough Zoning Map, and as such, the provisions for each of these sections shall serve as supplements to the underlying zoning district provisions.
B. 
In those areas of the Borough where a section of this article applies, the provisions of the section shall be imposed in addition to the requirements of the underlying zoning district(s).
Borough Council shall administer the provisions of this article, which administration shall include the approval, modification or disapproval of any development plan pursuant to the provisions of Article XXIV, §§ 185-137 and 185-138, related to conditional uses.
A. 
Purpose.
(1) 
To allow for higher-residential-density development for those tracts of land located in the Borough that are split between residential and commercial zoning or are located in a Mobile Home Park District.
[Amended 8-5-2013 by Ord. No. 194]
(2) 
To allow for higher-residential-density development for a tract of land located in the Borough in an R 1 Residence District having an institutional use on it, which use lawfully existed at the time of the enactment of this chapter.
[Added 7-7-2014 by Ord. No. 197[1]]
[1]
Editor's Note: This ordinance also provided for the renumbering of former Subsection A(2) through (5) as Subsection A(3) through (6).
(3) 
To recognize the need for rational direction for increasing land development and to meet the growing need for housing of all types, while at the same time to minimize the loss of open space, to preserve the atmosphere of the Borough and to protect property values in existing residential areas.
(4) 
To provide greater opportunities for better housing and recreation for all who are or will be residents of the Borough.
(5) 
To encourage more efficient use of land and public services.
(6) 
In aid of these purposes, to provide a procedure which can relate the type, design and layout of residential development to the particular site and the particular demand for housing existing at the time of development in a manner consistent with the preservation of property values within existing residential areas.
[Amended 8-5-2013 by Ord. No. 194; 7-7-2014 by Ord. No. 195; 7-7-2014 by Ord. No. 197]
No application for tentative approval of townhouses or semidetached dwellings shall be considered or approved unless the following conditions are met:
A. 
The tract shall be located in the Mobile Home Park District, or in both a Residence District and either a B Business District or an LI Limited Industrial District, as those districts existed at the time of enactment of this chapter.
B. 
A tract which does not qualify for eligibility under § 185-142A is eligible if it is located in an R 1 Residence District and has an institutional use on it which use lawfully existed at the time of the enactment of this chapter.
C. 
The proposed development or plan consists of one or more contiguous parcels of land under one ownership. If the tract is comprised of more than one parcel, each parcel shall meet the eligibility requirements of § 185-142A or B.
D. 
The proposed development or plan will be connected to public water and public sanitary sewer systems. Both water supply and sewage disposal systems shall be operational at the time of occupancy of the first completed structure.
E. 
The proposed development or plan is found to be consistent with the Comprehensive Plan for the Borough of Chester Heights.
A building may be erected or used and a lot may be used or occupied for any of the following purposes by conditional use and no other:
A. 
Townhouse.
B. 
Semidetached dwelling.
Accessory uses shall be as follows:
A. 
Off-street parking, subject to § Article XVII, §§ 185-103 through 185-106.
B. 
Sign, subject to Article XVII, §§ 185-99 through 185-102.
Unless specifically stated otherwise, the following shall be minimum requirements:
A. 
Tract area: three acres (areas in the one-hundred-yard floodplain, wetlands and existing public road rights-of-way shall be excluded from calculation of tract area).
B. 
Density: Six units per gross acre exclusive of floodplains, wetlands and existing public road rights-of-way shall be permitted on eligible tracts which are located in a Mobile Home Park District or in both a Residence District and a B Business or LI Limited Industrial District. A maximum of three units per acre shall be permitted on those tracts which are eligible solely because they are located in an R 1 Residence District and have an institutional use on them which use lawfully existed at the time of the enactment of this chapter.
[Amended 7-7-2014 by Ord. No. 197]
C. 
Lot area: 2,000 square feet minimum for townhouse; 3,000 square feet minimum, for semidetached.
D. 
Setbacks:
(1) 
From exterior road and tract boundaries: 40 feet (30 feet to decks) for townhouse or semidetached.
(2) 
From internal road: 20 feet.
(3) 
For tracts larger than 10 acres, from exterior roads and perimeter parent tract boundaries: 100 feet from exterior roads and 60 feet from perimeter parent tract boundaries for townhouse or semidetached dwellings.
[Added 7-7-2014 by Ord. No. 195]
E. 
Distance between principal buildings: 20 feet for townhouse or semidetached buildings.
F. 
Unit width: 20 feet minimum for townhouse and semidetached.
G. 
Tract road frontage: 300 feet (development shall be on a collector or arterial road).
H. 
Height: 35 feet maximum.
I. 
Impervious cover: 60% maximum for twin and the end unit of a townhouse group; 70% maximum for an interior unit of a townhouse group.
J. 
Rear yard: 30 feet.
A. 
Townhouse units in row. The number of units attached in a row shall not be more than six.
B. 
Buffer area and planted visual screen.
(1) 
When a tract of land on which a semidetached, townhouse development is proposed abuts single-family detached dwellings located within the Borough, the developer of the tract shall provide a thirty-foot-wide landscaped buffer area between the single-family detached lots and the townhouse development. Such buffer area shall extend from the tract boundary line towards the interior of the tract and shall consist of ground cover and other plantings. No structures, parking, or impervious surface shall be permitted in the buffer area. The buffer area shall not be included in the area designated as rear yard.
[Amended 8-5-2013 by Ord. No. 194]
(2) 
If a rear of a townhouse or semidetached dwelling faces a public street, a twenty-foot-wide landscaped buffer shall be installed. The plantings shall be a minimum of eight feet in height. The plantings shall be of a density and type to effectively screen the public street. Street trees/shade trees shall be provided along streets where there are no existing street trees/shade trees.
(3) 
All design, density, type and height of plantings included in the buffering and visual screening of the development shall be reviewed by the Planning Commission and Borough Engineer subject to the approval by Council.
C. 
Open space for semidetached and townhouse. Not less than 30% of the tract area shall consist of common open space. Not less than 50% of the common open space shall be outside the one-hundred-year floodplain and wetlands. Fee in lieu of open space must be approved by Borough Council.
D. 
Variations in setback and design. In each development, units shall have a single architectural theme, and no more than two consecutive units shall have the same front setback line. Variations in setback shall be not less than two feet. Each dwelling unit shall be distinguished from the adjacent unit in some appropriate manner such as varying unit width, use of different exterior materials or varying arrangement of entrances or windows. In order to avoid linear design and facilitate privacy, buildings shall not be placed parallel to one another.
E. 
Architectural plans. Architectural plan elevations shall be included as part of the final plan submitted for townhouse developments.
F. 
Landscaping. Any part of the site proposed for townhouse development which is not covered by buildings, parking or other paved area shall be landscaped with trees, shrubs or ground cover in accordance with a landscaping plan which shall be reviewed by the Planning Commission and the Borough Engineer. Trees and/or shrubs shall be planted in high-visibility areas such as along the entrance drive and exterior road, in front of the dwelling units, and between parking areas, Landscaping shall be in accordance with land development and subdivision provisions.[1]
[1]
Editor's Note: See Ch. 162, Subdivision and Land Development.
G. 
Parking. All parking shall be off-street in areas specifically designed for parking and shall require 2 1/2 spaces per dwelling unit on average and comply with Article XVII, Garage space shall not be included in the calculation of minimum parking requirements.
H. 
Refuse. All refuse shall be placed in rigid, verminproof containers, which shall be screened by means of a privacy fence with a planted visual screen.
I. 
Lighting. Lighting facilities shall be provided and arranged in a manner that will protect the internal roadway, the proposed units, and neighboring properties from excess glare. All internal roads, driveways, parking and pedestrian areas must be properly lighted to assure safe conditions and security for the residents.
J. 
Signs. Signs shall be provided in accordance with § 185-61C(8).
K. 
Common open space.
(1) 
The developer shall restrict the open space areas so that their use will be limited to the use which is proposed and ensure that it will be properly maintained in perpetuity.
(2) 
The common open space shall be located so as to be consistent with the objectives set forth in the application for the planned development. Where possible, it shall be designed as a contiguous area easily accessible to the residents and preserving and enhancing natural features.
(3) 
If a homeowners' or condo owners' association is formed, the location and management of open space shall be subject to the provisions of Article XI, § 185-63, of the Chester Heights Borough Code.
L. 
In addition to the requirements of this article, the plan for the proposed development under this section shall comply with the standards of the Subdivision and Land Development Ordinance[2] and all other applicable ordinances.
[2]
Editor's Note: See Ch. 162, Subdivision and Land Development.