[Ord. 593, 4/8/1986]
1.
The purpose of this Part is to permit the use of various development
design options that:
A.
Conserve open space areas and amenities within developments, and,
in the case of subdivisions of significant size, provide open space
areas for passive and/or active recreation use.
B.
Promote the more efficient use of land to permit its maximum use
while preserving aesthetics and natural resources.
C.
Accommodate housing and other development which is more affordable
by consolidating improvements, utilities, and land alteration.
[Ord. 593, 4/8/1986; as amended by Ord. 707, 2/12/1996; and
by Ord. 718, 12/16/1996]
1.
Eligibility.
A.
As an option permitted in the PD-1 and R-1 Districts of this chapter, a developer may be allowed to modify the area and bulk regulations where the tract of land has a minimum gross area of 12 1/2 acres and is used exclusively for open space in accordance with § 27-1317.
B.
The tract to utilize such option shall be in single and separate
ownership, or, in the case of multiple ownership, the tract shall
be developed according to a single plan with common authority and
responsibility.
2.
Development Controls.
A.
The maximum gross density of any development utilizing the cluster
development option shall be based on an actual site yield plan and
not on gross land area when determining density of use and shall not
exceed that allowed by the applicable zoning district.
B.
Site planning, including the layout of streets and lots and placement
of structures and the layout of open space shall be, in the judgment
of the Borough Council, in compliance with the purposes of this section.
3.
Area and Bulk Regulations. For developments utilizing the cluster
development option, the following area and bulk regulations shall
apply.
|
PD-1 District
|
R-1 District
| ||
|---|---|---|---|
|
Minimum lot size DU/(square feet)
|
10,000
|
6,000
| |
|
Minimum lot width at building line (feet)
|
60
|
50
| |
|
Minimum lot width at street line (feet)
|
60
|
50
| |
|
Minimum front yard (feet)
|
25
|
20
| |
|
Minimum side yard (feet)
|
10
|
8
| |
|
Minimum rear yard (feet)
|
25
|
20
| |
|
Maximum impervious surface per lot
|
50%
|
50%
| |
|
Maximum building height (feet)
|
25
|
25
|
[Ord. 593, 4/8/1986]
1.
Eligibility.
A.
The yard reduction option may be used for any building or structure
in any district as provided in this section, except the C-3 District.
B.
Where a reduced yard area is proposed under this section, the abutting
property(s) along the lot lines where reduced yard is proposed must
be held under the same ownership at the time of application for development
or the owners of abutting properties must record an agreement or deed
restriction and consent in writing to such reduced yard and other
easements and restrictions specified in this section.
2.
Development Controls.
A.
A dwelling may be placed within one side lot yard or a side and rear
lot yard to a zero-foot setback, but shall share not more than one
common party wall with another building.
B.
No more than two lot lines may have reduced yards for any single
lot.
C.
Where a side yard is reduced, the opposite side yard on the lot and
the side yard on the adjacent lot abutting the reduced yard shall
be at least twice as great as the minimum side yard normally required
by the applicable zoning district.
D.
To avoid narrow, confined, and unusable yard space, the wall of a
dwelling along a reduced rear yard shall not oppositely face nor be
generally parallel to the rear wall of a dwelling on an abutting lot
if a common party wall is not created or if such adjacent rear dwelling
wall is within 20 feet of the property line. See Figure two for illustration
of this requirement.
E.
For commercial, industrial, or office buildings, a zero-foot yard
may be permitted along side and/or rear lot lines of abutting lots
to create a common party wall(s) between buildings along no more than
two lot lines.
F.
A zero-foot side or rear yard, possibly creating a common party wall,
may be permitted for garages; utility or storage sheds; fences, walls
or trellises over eight feet in height; or other uninhabitable accessory
structures which are designed to abut each other.
G.
Building roofs shall be designed so that water runoff is confined
to the lot on which the roof is located and is not directed into any
reduced yard permitted under this section.
3.
Easements and Restrictions.
A.
The easements, deed restrictions, and agreements necessary to comply
with this paragraph shall be irrevocable covenants that run with the
land as long as the reduced yard condition exists. Such easements
and restrictions shall be recorded with the Recorder of Deeds office
of Chester County. Proof of such recorded easements and restrictions
shall be submitted to the Borough prior to issuance of a building
permit.
B.
All lots shall be deed restricted to prohibit doors, windows, air-conditioning
units, or any other type of openings, or projections in a dwelling
wall facing and generally parallel to the reduced side or rear yard.
C.
Walls and fences within the reduced yard that face or are generally
parallel to an abutting lot shall be maintained in their original
color and treatment unless otherwise agreed to in writing by the two
affected lot owners.
D.
Where a yard is reduced to between zero feet and five feet of a lot
line, a joint- use easement shall be established between the lot owner
and the adjacent lot owner for the land located within the reduced
side or rear yard for the length of a building wall, fence or other
structure. It shall be the responsibility and obligation of the adjacent
property owner to maintain the reduced yard within the easement, and
such owner will have use of the easement area for enjoyment. No shrubbery,
trees or structures shall be placed in the reduced yard which would
interfere with the property owner's maintaining his building. The
adjacent lot owner who has the use of the easement shall be responsible
for all damages to the adjacent dwelling that result from direct or
indirect use and enjoyment of his side yard.
E.
Where a yard is reduced to zero feet and a common party wall is not
created, a joint-use easement shall be established between abutting
landowners. The easement shall be a minimum five-foot-wide strip of
land within the adjacent lot abutting the reduced yard. The easement
shall be parallel to and abutting the lot line for five feet beyond
the end of the structure that sits on the lot line. It shall be the
responsibility and obligation of the adjacent property owner to maintain
the easement on his lot, and such owner will have use of the easement
area for enjoyment, except that no shrubbery, trees, or structures
shall be placed in the easement which would interfere with the adjacent
property owner's maintaining his building. The landowner who owns
the easement land shall be responsible for all damages to the structure
that sits on the lot line that result from direct and indirect use
and enjoyment of his yard. The adjacent lot owner shall have use of
the easement to maintain his building, but he shall be responsible
for any damages to the easement owner's yard that result while maintaining
his building.
[Ord. 593, 4/8/1986]
2.
Eligibility.
A.
A tract size of at least five acres is required.
B.
The tract of land to be developed shall be in one ownership, or in
the case of multiple ownership, it shall be developed according to
a single plan with common authority and responsibility.
C.
The development shall be served by public sewage facilities and public
water supply.
3.
Permitted Uses.
A.
Permitted uses include single-family detached, single-family semidetached,
two-family and multiple-family dwellings, and mobile homes on individual
lots.
B.
Convenience commercial facilities to serve the residents of the mixed
residential community may be provided if the development contains
a minimum of 100 dwelling units. All convenience commercial facilities
shall comply with the following standards:
(1)
There shall be direct vehicular access only to an arterial or
collector street either within or abutting the development.
(2)
Only 2,500 square feet of gross leasable commercial floor area
shall be allowed for each 100 dwelling units of a mixed residential
community.
(3)
One sign not exceeding 16 square feet shall be permitted for
each 2,500 square feet of commercial floor area.
(4)
The architectural style of the commercial building(s) shall
be similar in size, scale, color, and exterior siding material to
residential dwellings within the development.
(5)
Commercial facilities shall not be built until occupancy permits
have been issued for at least 100 dwelling units within the development.
C.
Nonprofit recreational uses may be incorporated into the development
and its common open space.
5.
6.
Area and Bulk Regulations. The area and bulk regulations relating
to a mixed residential community are listed on the table of Mixed
Residential Community Area and Bulk Regulations as follows.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
