[Ord. 2-1976, 2/3/1976; as added by Ord. 1-1989, 8/7/1989,
§ 1; as amended by Ord. 2-1992, 5/18/1992, § 2]
The legislative intent in authorizing and permitting the cluster
design of residential uses as a conditional use is to foster the protection
of critical natural resources such as streams, floodplains, wet soils,
designated wetlands, steep slopes, woodlands and wild-life habitat
areas and to conserve open space areas within residential subdivisions,
to promote ground water recharge as well as, to permit and promote
commonly owned open space areas for passive recreational use or active
recreational use by the residents of such subdivisions. It is intended
hereby to permit cluster design residential uses subdivisions so that
paved areas may also be reduced, resulting in less stormwater runoff.
It is also intended hereby to discourage the development of, construction
in and the disturbance of steep slopes. It is intended, by authorizing
cluster design residential uses to minimize the potential adverse
effect and environmental impact of land development on the Township
as a whole as well as on neighboring property owners in particular,
by encouraging the use of site planning which will limit the visual
impact of development from the vantage point of surrounding properties
and nearby public roads, and to minimize the adverse effect on adjacent
subdivisions and properties devoted to agricultural use. It is the
intent hereby to encourage energy conservation in each new development.
[Ord. 2-1976, 2/3/1976; as added by Ord. 1-1989, 8/7/1989,
§ 4; as amended by Ord. 2-1992, 5/4/1992, § 2]
1.
A building may be erected, altered or used, and a lot or premises
may be used for any of the following purposes and for no other:
A.
Single-family detached dwelling.
B.
Accessory use on the same lot with and customarily incidental to
the single-family dwelling. The term "accessory use" shall not include
a business or any private operation that would normally be conducted
as a business use, nor the housing of farm animals, and may include
the following accessory uses:
(1)
Private parking or garaging of residential use vehicles.
(2)
Private home swimming pool.
(3)
One accessory building used for household storage not to exceed
a maximum of 120 square feet in area nor 10 feet in height.
(4)
No use shall be permitted which is in violation of the prohibitive
uses and performance standards as set forth in Article 21 of this
chapter.
[Ord. 2-1976, 2/3/1976; as added by Ord. 1-1989, 8/7/1989,
§ 5; as amended Ord. 2-1992, 5/4/1992, § 2; and
by Ord. 3-1999, 5/19/1999, § 113]
1.
The applicant for approval of the residential cluster design conditional
use shall submit a plan which shall include only those areas designated
on the zoning map as those situated in the R-1 residential district
and the R-2 residential district. The residential cluster design use
is permitted as a conditional use when the following conditions are
met:
A.
The gross area of the tract to be developed shall be no less than
15 contiguous acres in either the R-1 or R-2 zoning districts.
B.
The design shall meet and comply with all the standards set fort
in § 1109 herein and shall set forth and differentiate all
of the floodplains, woodlands, wetlands and steep slopes and shall
demonstrate the extent to which these areas are protected from denigration
and how the intent of this article is advanced.
[Ord. 2-1976, 2/3/1976; as added by Ord. 1-1989, 8/7/1989,
§ 6; as amended by Ord. 2-1992, 5/4/1992, § 2;
by Ord. 5-1998, 7/1/1998, § 1; and by Ord. 3-1999, 5/19/1999,
§ 114]
1.
All plans submitted for residential cluster use shall meet the following
standards:
A.
The maximum number of dwelling units permitted shall be determined
by the net developable area of the site and the amount of proposed
common open space. In no case shall maximum density exceed that which
would otherwise be allowed in the appropriate zoning district.
B.
The cluster use plan shall specify the minimum setback areas and
acreage to be used in accordance with the regulations set forth herein.
C.
A minimum of 25% of the tract is required to be reserved in the common
open space. All common open space proposed shall be set forth on the
plan. The plan shall delineate the critical natural resources and
the proposed location of the residential cluster use including public
improvements and common improvements describing how the use will promote
the protection of the site within the intent of this chapter.
D.
The application shall delineate the proposed method of sewage disposal
and if the site is to be used for on-site sewage disposal, the particular
location of the system and alternative systems and the feasibility
for each such use. In all instances, efforts shall be made to develop
a public community disposal system and public water supply.
E.
The applicants shall demonstrate the feasibility of safe and appropriate
ingress and egress to the site within the intent of this chapter.
F.
Area and Bulk Regulations. The following residential use area and
bulk regulations shall be applicable to cluster design residential
use. The development of the plan must at all times take into consideration
the location of residential uses in any residential area adjoining
the proposed cluster and shall design the cluster so as to protect
the existing character of the adjoining residential areas.
(1)
Each single-family dwelling unit shall be constructed on a minimum
lot area of 11,250 square feet.
(2)
Dwelling units shall be constructed at a minimum setback of
30 feet from the street line upon which the unit fronts. Each dwelling
unit shall have a total aggregate side yard of no less than 25 feet
with a minimum side yard of 10 feet and a minimum rear yard of 40
feet. Each lot shall have a minimum width at the building setback
line of 50 feet. No lot shall have less than 30 feet road frontage
unless allowed by the Board of Supervisors.
(3)
For each dwelling unit, two paved off-street parking spaces
shall be provided behind the front building line.
(4)
Each street proposed to be developed shall be constructed to
the following minimum standards: Each collector street shall have
a right-of-way of 50 feet and a paved cartway of 32 feet. Each cul-de-sac
shall have a minimum paved radius of 40 feet and a dedicated radius
of 50 feet.
(5)
A landscaped buffer zone of at least 30 feet in width shall
be maintained between clusters of multi-family dwellings, which zone
shall contain at least one two inch caliper tree in a design of one
tree for each 2,000 square feet of buffer zone in order to create
a visual barrier. The requirement set forth in this section for the
landscaped buffer strip of 30 feet in width may be reduced by 25%
upon application to the Township Supervisors. Such reduction shall
be at the discretion of the Board of Supervisors if the reduction
would fairly serve to promote the legislative intention of this chapter.
Peripheral buffering may be required at the discretion of the Board
of Supervisors.
(6)
No construction shall take place within 25 feet of any area
delineated as wetlands or floodplain by any governmental agency.
(7)
No more than 30% of each lot may be occupied by buildings or
other impervious cover except that any area devoted to swimming pool
construction exclusive of the surrounding paved area shall not be
included.
(8)
One accessory building may be placed behind a residence at a
minimum distance of 15 feet from the sideline of each property and
at least 10 feet from the rear line of each property. No accessory
building or structure shall exceed 120 square feet in floor area.
(9)
One private home swimming pool may be placed behind a residence
at a minimum of 15 feet from the sideline of each property and at
least 10 feet from the rear line of each property.
[Ord. 2-1976, 2/3/1976; as added by Ord. 1-1989, 8/7/1989,
§ 7; as amended by Ord. 2-1992, 5/4/1992, § 2;
and by Ord. 5-1998, 7/1/1998, § 1]
1.
In addition to the aforesaid, the residential cluster design shall
meet the following standards for open space:
A.
The open space shall consist of areas of such size and dimension
as to be suitable for the use and enjoyment of residents of the proposed
development. The space shall be accessible by all residents and shall
be of a suitable character for recreation and conservation. A minimum
of 10% of the total tract which is free of the defined floodplains,
wetlands, steep slopes (steep slopes for the purpose of this conditional
use ordinance shall be slopes with a gradient of 20% or greater over
a total vertical height of six feet) and rights-of-way of roadways
shall be included as part of the open space area.
B.
The area shall contain no structure other than structures specifically
relating to recreational use and historic buildings and structures.
Open space may contain sewage disposal systems and stormwater management
facilities when approved by the appropriate authorities.
C.
The open space shall be arranged to preserve the environmentally
sensitive characteristics of the site and to provide direct or easy
access and view from all dwelling units.
D.
The open space shall, where possible, serve as a buffer and transition
area between land used and along tract boundaries. An easement of
access of at least 30 feet wide shall be provided into the area of
the buffer.
E.
The open space shall be preserved in perpetuity by (i) the acceptance
of dedication of land or any interest therein for public use, at the
discretion of the Supervisors of Thornbury Township or (ii) by the
establishment of an organization for ownership and maintenance of
the open space, the conditions of which are such that the organization
shall not be dissolved nor shall it dispose of the open space by sale
or otherwise. An irrevocable offer of dedication to Thornbury Township
shall be granted by owners.
F.
Where open space is designated as a separate noncontiguous parcel,
such parcel shall consist of an area of at least one acre and shall
have such dimensions as to be useful common space.
[Ord. 2-1976, 2/3/1976; as added by Ord. 1-1989, 8/7/1989,
§ 8; as amended by Ord. 2-1992, 5/4/1992, § 2;
by Ord. 5-1998, 7/1/1998, § 1; and by Ord. 3-1999, 5/19/1999,
§ 116]
1.
Open space shall be held under any one or more of the following forms
upon receiving approval of the Board of Supervisors of Thornbury Township:
A.
Homeowners Association. The applicant may provide for the establishment
of an organization for the ownership and maintenance of the common
property and improvements. The organization shall consist of all of
the property owners within the cluster development, each receiving
an equal vote and responsibility. Such an organization shall not be
dissolved nor shall it dispose of the common property and improvements
unless transferred to a type of ownership permitted hereunder.
B.
Condominium. The open space as authorized herein may be controlled
through the use of a condominium agreement. Such agreements shall
be conformance with applicable state statutes. In such instance, all
open space and improvements shall be held as a "common element."
C.
Dedication of Easements. The Township of Thornbury may at any time
accept easements for the public use of any portion or portions of
the open space. Such land shall be thereby accessible to the residents
of the Township. In the event of a dedication of an easement, the
Township shall enter into a maintenance agreement with the owners
of the open space.
D.
Transfer of Easements to Private Conservation Organization. Easements
on open space may be transferred to a private, nonprofit organization
involved in the conservation of natural resources upon approval by
the Township of Thornbury. The conveyance of an easement shall contain
appropriate provisions for the reservation to the Township at any
time the property is not used pursuant to the intentions of this chapter.
Prior to the transfer of an easement a maintenance agreement shall
be entered into between the Township, the organization holding ownership
and the proposed conservation organization.
E.
Fee Simple Dedication. Nothing herein is intended to prevent the
dedication of all or part of the open space to the Township of Thornbury
for the use and maintenance by the Township for open space.
[Ord. 2-1976, 2/3/1976; as added by Ord. 1-1989, 8/7/1989;
as amended by Ord. 2-1992, 5/4/1992, § 2; and by Ord. 5-1998,
7/1/1998, § 1]
1.
In the event an organization, a homeowner's organization or a condominium
organization undertakes the responsibility of maintaining the open
space and improvements and fails to maintain the same in reasonable
order and conditions in accordance with the development plan, the
Township may serve written notice upon the organization and residents
in the development setting forth the manner in which the organization
has failed to properly maintain the common areas.
2.
Notice shall demand that the deficiencies of maintaining be corrected
within 30 days, and shall establish the date and place of a hearing
to be held on the delinquency. Such a hearing shall take place within
14 days of the notice. At such hearing, the term of the original notice
as to deficiencies may be modified and an extension of time within
which said deficiencies shall be corrected may be granted. Should
the deficiencies set forth in the original notice or in any subsequent
modifications fail to be corrected within the established 30 days,
the Township, in order to preserve the taxable values of the affected
properties may enter the open space and improvements and maintain
them for a period of one year or as required and allowed by law. Such
efforts shall not constitute a taking of the property nor vest in
the public any right to use the same. The cost of maintenance by the
Township shall be assessed ratably against the properties within the
development that have a right of enjoyment. Such assessments shall
become a lien on the said properties and shall be perfected by filing
in the Office of Judicial Support of Delaware County.
[Ord. 2-1976, 2/3/1976; as added by Ord. 1-1989, 8/7/1989;
as amended by Ord. 2-1992, 5/4/1992, § 2; and by Ord. 5-1998,
7/1/1998, § 1]
1.
The formation of a homeowners association shall be governed according
to the following regulations:
A.
The applicant shall provide a description of the organization including
its by-laws and methods for maintaining open space and improvements.
B.
The organization shall be established by the applicant and operated
with financial subsidization by the applicant prior to the sale of
any lots within the development.
C.
Membership in the organization is mandatory for all purchasers of
homes and their successors.
D.
Controlling interest shall not be conveyed from the applicant to
the homeowners association prior to completion and sale of at least
60% of the total number of units.
E.
The organization shall be responsible for meeting insurance and tax
obligations on the open space and improvements.
F.
Rights and duties of the Township and members of the association
in the event of a breach of the covenants and restrictions shall be
defined at the time of the granting of the conditional use.
G.
The by-laws shall include a statement which grants to the Township
such power, but not the duty, to maintain the open space and common
facilities, and to assess the cost of the same as provided within
the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq.
H.
A provision for leasing open space back to the original developer,
individual, or corporation for the maintenance of open space provided
residents have access at all times, and provided the lease is approved
by the association and the Board of Supervisors.
[Ord. 2-1976, 2/3/1976; as added by Ord. 1-1989, 8/7/1989;
as amended by Ord. 2-1992, 5/4/1992, § 2; and amended by
Ord. 3-1999, 5/19/1999, § 120]
1.
Upon consideration of the legislative intent of this article, the
Board of Supervisors may grant such waivers or attach such conditions
to the granting of the conditional use as it deems necessary to further
the intent and purpose of this article.
2.
An application for conditional use shall be submitted to the Board
of Supervisors of Thornbury Township. A hearing pursuant to public
notice shall be conducted within 60 days of the application. The decision
granting or denying the conditional use shall be issued in writing
to the applicant within 45 days of the close of the public hearing.
Should the use be granted conditioned upon requirements of the Township
Supervisors, the applicant shall have 20 days in which to resubmit
in conformity for an acceptance of the conditions imposed by the Township.
Should the applicant decline resubmission, the right of appeal according
to law shall run from the end of the said 20 days during which resubmission
is permitted.
