The residential cluster design option has been
created to:
A.
Provide a viable alternative to large lot, conventional
residential development;
B.
Allow residential uses to be designed in a way that
productive agricultural soils are preserved for continued or future
agricultural use;
C.
Prevent continued suburban sprawl by encouraging the
clustering of residential units on relatively small lots;
D.
Protect and preserve environmentally sensitive areas,
such as wetlands, floodplains, steep slopes, agricultural soils, and
woodlands to the best extent possible, and, where practicable, minimize
intrusion into such environmentally sensitive areas.
[Amended 10-18-2006 by Ord. No. 168; 3-12-2007 by Ord. No.
170]
E.
Provide greater efficiency in the siting of services
and infrastructure by reducing the lengths of roads, the amount of
paving required for residential development and the amount of sewer
and water infrastructure; and
F.
Promote neighborhood development by utilizing common
recreation areas and emphasizing residential/village design concepts
that create a vibrant and enthusiastic neighborhood life.
[Amended 8-13-2001 by Ord. No. 142; 10-18-2006 by Ord. No.
168; 3-12-2007 by Ord. No. 170; 2-25-2013 by Ord. No. 195; 12-19-2016 by Ord. No. 219; 4-16-2018 by Ord. No.
228]
The clustering of single-family detached and/or single-family semidetached dwelling units, pursuant to the terms of this Article XV, shall be required in the Low-Density (R-1) Residential Zoning District and in the High-Density (R-2) Residential Zoning District for any development containing 25 or more dwelling units to be developed on a tract with a net area of 25 or more contiguous acres. Further, all developments utilizing the residential cluster design shall fully comply with the provisions of this Article XV and the relevant provisions of Article XVII. Clustering shall be available only for single-family detached, single-family semidetached, and single-family attached residential dwelling uses.
The following tract requirements shall apply.
A.
Net tract area. A tract must have a minimum net tract
area of five contiguous acres.
[Amended 10-18-2006 by Ord. No. 168; 3-12-2007 by Ord. No.
170; 2-25-2013 by Ord. No. 195]
B.
Ownership. The proposed tract shall be held 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 common responsibility.
[Amended 8-13-2001 by Ord. No. 142; 2-25-2013 by Ord. No. 195]
Whenever the landowner is providing common open space as part
of the development, a conservation easement restricting the common
open space in perpetuity against further subdivision or development
shall be executed between the landowner and the county or a qualified
land conservancy acceptable to the Township. If neither the county
nor a qualified land conservancy is available or willing to hold a
conservation easement on required common open space, the conservation
easement may be granted to the Township. Deed restrictions may also
be used in certain applications, in accordance with Subsection B,
below.
A.
Conservation easements. Conservation easements are required to protect
open space from further subdivision and development and to conserve
the natural resources of such lands. Conservation easements shall
conform to the following minimum requirements:
(1)
Where the easement is granted to a land conservancy, the land conservancy shall meet the requirements of Zoning Ordinance § 200-98A(3). The grantee shall have the rights of reasonable entry and enforcement.
(2)
The property made subject to the conservation easement shall be described
by metes and bounds, by an exhibit containing the subdivision plan
and designating the property, and photographs which illustrate the
nature and character of the property and any special environmental
features identified by the Township during the subdivision or land
development process.
(3)
Grantors shall declare that the terms of the easement shall run with
the land and bind the property in perpetuity for the benefit of the
grantee.
(4)
The uses of property subject to the conservation easement shall be limited by the permitted uses defined by Zoning Ordinance § 200-95. The following use restrictions shall also apply:
(a)
The property shall not be further subdivided into additional
building lots.
(b)
Construction shall be permitted only in areas specifically designated
in the property description and approved by the Township. The determination
of the need for any additional disturbance shall lie with the Township.
(c)
Permitted construction activities, including cutting and removing of trees and other vegetation, shall be permitted only in compliance with the common open space management plan required in Subdivision and Land Development Ordinance § 170-20B(13).
(d)
Signs, fencing and dumping shall be restricted in consistency
with the permitted uses and common open space management plan.
(5)
The terms and restrictions of the conservation easement shall be
approved by the Township which shall be guided by the objectives set
forth in the New Garden Township Comprehensive Plan (2005); the New
Garden Township Open Space, Recreation and Environmental Resources
Plan (1993); the New Garden Township Greenways Plan and Phelps Property
Plan (2009); as well as the common open space management plan for
the property.
(6)
Provisions pertaining to remedies, liability, indemnification and
other relevant subjects shall be approved by the grantor, the governing
body and the authorized representative of the grantee before final
approval of the development plan by the governing body.
B.
Deed restrictions. Deed restrictions may be used in the place of
conservation easements only under the following circumstances and
in accordance with the following standards:
(1)
When common open space totals less than five acres, a deed restriction
may be used.
(2)
If no entity is available or willing to hold a conservation easement
on required common open space, a deed restriction may be used.
(3)
The Township shall be party to the deed restriction. The deed restriction
shall be used only if approved by the municipality. If the municipality
does not agree to be party to the restriction, no deed restriction
shall be used.
(4)
Restrictions meeting municipal specifications shall be placed in
the deed for each lot with common open space. The deed restriction
shall ensure the permanent protection and continuance of the common
open space and shall define permitted uses.
(5)
It shall be clearly stated in the individual deeds that maintenance
responsibility for the common open space lies with the property owner.
[Amended 8-13-2001 by Ord. No. 142]
A.
Uses by right. Within a residential cluster development,
a building may be erected, altered, or used, or a lot or premises
may be used, by right, for only one of the following purposes:
(1)
Single-family detached dwelling.
(2)
Single-family semidetached (twin) dwelling only when
permitted by the underlying zoning district.
(3)
Conservation of open land in its natural state.
[Added 2-25-2013 by Ord. No. 195]
(4)
Raising of agricultural/farm products and outdoor agricultural uses
(i.e., crop farming) and the raising of livestock and related accessory
buildings. Specifically excluded are commercial and intensive feedlot
and livestock operations involving swine, poultry, mink, and other
animals likely to produce highly offensive odors and indoor agriculture.
[Added 2-25-2013 by Ord. No. 195]
(5)
Pastureland for horses used solely for noncommercial recreational
purposes. Equestrian facilities shall be permitted but shall not consume
more than 50% of the required common open space, nor more than 5%
of the maximum coverage, based on the common open space net area.
[Added 2-25-2013 by Ord. No. 195]
(6)
Forestry in keeping with established best management practices for
selective harvesting and sustained yield forestry as published by
the Pennsylvania Bureau of Forestry.
[Added 2-25-2013 by Ord. No. 195]
(7)
Village greens, central commons, picnic areas, community gardens,
trails and similar low-impact, passive recreational uses.
[Added 2-25-2013 by Ord. No. 195]
(8)
Active noncommercial recreation areas, such as playing fields, playgrounds and bikeways, not requiring supporting structures in accordance with § 200-96F(3) below.
[Added 2-25-2013 by Ord. No. 195]
(9)
Noncommercial recreation areas, such as playing fields, courts, swimming pools or picnic areas, requiring supporting structures, and their parking areas, in accordance with § 200-96F(4) below.
[Added 2-25-2013 by Ord. No. 195]
(10)
The total area of water supply systems, sewage disposal systems, stormwater management systems and associated easements, in accordance with § 200-96F(5) below.
[Added 2-25-2013 by Ord. No. 195]
(11)
Stormwater Management Systems in accordance with § 200-96F(6) below.
[Added 2-25-2013 by Ord. No. 195]
(12)
Easements or rights-of-way for overhead power lines, in accordance with § 200-96F(7).
[Added 2-25-2013 by Ord. No. 195]
(13)
Accessory building and structure, residential.
[Added 8-18-2014 by Ord. No. 212]
The following area, bulk and height standards
shall apply to all uses in residential cluster development.
A.
Tract density.
(1)
Maximum density. The maximum density shall be determined
by dividing the net tract area by the minimum lot size permitted in
the underlying zoning district.
[Amended 8-13-2001 by Ord. No. 142; 10-18-2006 by Ord. No.
168; 3-12-2007 by Ord. No. 170]
(2)
Density bonus. Density bonus may be obtained when
property is dedicated to the Township according to the following regulations:
[Amended 8-13-2001 by Ord. No. 142]
(a)
The property proposed for dedication shall be
subject to acceptance by the Township, in the Township's sole discretion.
(b)
For each such acre accepted by the Township
for dedication, the applicant shall receive a minimum of one additional
dwelling unit, and no more than two additional dwelling units for
the proposed development subject to the foregoing. The density bonus,
if any, shall be determined by the Board of Supervisors in their sole
discretion.
[Amended 10-18-2006 by Ord. No. 168; 3-12-2007 by Ord. No.
170]
(c)
No density bonus shall be allowed for any lands
compromising part or all of the required open space for the development.
(d)
Land accepted by the Township in accordance
with this section may be used for any purpose as determined by the
Township in its sole discretion, and shall not be accessible for use
by the general public or the property owners of the development, unless
specifically authorized by the Township.
(e)
The Township has the absolute right to refuse
any offer for the dedication of land, in which event, no density bonus
shall apply.
(f)
The density bonus provision set forth in this section shall apply exclusively to the residential cluster development and, if utilized, shall not entitle the applicant to additional density bonus under Article XI of this chapter (Unified Development District) (e.g., an applicant shall not be entitled to density bonus under this section as well as the density bonus under the Unified Development District provisions of this chapter).
(g)
Compliance with standards of underlying zoning district. Unless specifically set forth in this Article XV, all development utilizing the cluster design option of this chapter shall fully comply with the area and bulk standards and other requirements of the underlying zoning district where such proposed development is located.
[Added 10-18-2006 by Ord. No. 168; amended 3-12-2007 by Ord. No.
170]
B.
Lot standards.
[Amended 10-18-2006 by Ord. No. 168; 3-12-2007 by Ord. No.
170; 8-18-2014 by Ord. No. 212]
|
Single-Family
Detached
|
Single-Family
Semidetached
| |||
|---|---|---|---|---|
|
Minimum lot size
(square feet)
|
12,500
|
8,000
| ||
|
Minimum setbacks:
| ||||
|
Front (feet)
|
20
|
20
| ||
|
Rear (feet)
|
20
|
20
| ||
|
Side (feet)
|
10; 25 aggregate
|
10; 25 aggregate
| ||
|
From tract boundary (feet)
|
50
|
50
| ||
|
From right-of-way line (feet)
|
75
|
75
| ||
|
Minimum lot width (feet)
|
50
|
40
| ||
|
Minimum building separation distance (feet)
|
20
|
20
| ||
(1)
Accessory
building and structure, residential, including residential storage
sheds greater than 120 square feet in area, shall have a minimum setback
of 10 feet from rear lot lines and 10 feet, with an aggregate of 25
feet, from side lot lines and shall not be permitted anywhere within
the front yard area.
(2)
Residential
storage sheds 120 squre feet or less in area shall have a minimum
setback of five feet from side and rear lot lines and shall not be
permitted anywhere within the front yard area.
(3)
Accessory
retaining, landscaping and ornamental walls shall have a minimum setback
equal to the height of the wall from the ultimate right-of-way of
public roads and property lines.
C.
Building coverage. The maximum area of any given lot
covered by buildings shall be 30% of said lot.
D.
Lot coverage. The maximum amount of impervious surface
on any given lot shall be 50% of the total lot area.
E.
Height regulations. Where applicable, all proposed residential cluster units shall adhere to the height requirements in Article XIII, Airport Hazard Zone, but in no way shall exceed 40 feet or three stories in height, whichever is less. Height shall be measured from the lowest point within the unit(s) including basements.
F.
Common open space. Common open space shall be provided
according to the following:
[Amended 8-13-2001 by Ord. No. 142; 10-18-2006 by Ord. No.
168; 3-12-2007 by Ord. No. 170; 2-25-2013 by Ord. No. 195]
(1)
The development shall contain minimum common open space equal to 50% of the net tract area of the tract plus all constrained lands, and shall comply with the requirements of § 200-98.
(2)
At least 3% of the common open space shall be in the form of common
greens.
(3)
Active noncommercial recreation areas shall meet the following standards:
(a)
Such areas shall not consume more than 50% of the minimum required
common open space or five acres, whichever is less. The five-acre
limit may be increased to 10 acres on development parcels 200 acres
or larger.
(b)
Playing fields and playgrounds shall not be located within 100
feet of the tract boundary or a dwelling unit within the development
parcel.
(c)
Where parking facilities are required, such lots may be paved
with gravel and shall be unlighted, properly drained and provide safe
ingress and egress.
(4)
Active noncommercial recreation areas requiring supporting structures
such as courts, swimming pools or picnic areas requiring supporting
structures, and their parking areas, are permitted uses, but shall
not count toward the minimum required common open space, unless dedicated
to the Township. Active noncommercial recreation areas not requiring
supporting structures including playing fields may count toward the
minimum required common open space. Structures shall be de minimus
to the activity. Parking areas may be paved with gravel and shall
be unlighted, properly drained and provide safe ingress and egress.
(5)
Where alternatives to public sewer and/or public water are provided, in accordance with Zoning Ordinance, § 200-15.1, the total area of water supply systems, sewage disposal systems, stormwater management systems and associated easements, may occupy up to 20% of the minimum net area required in the common open space. The following standards shall apply:
(b)
Sewage disposal systems.
[1]
Sewage treatment lagoons, structures, structure access areas
and parking lots shall not count toward the common open space requirement.
[2]
Sewage disposal areas shall be appropriate for active or passive
recreation, or managed as meadows, and may be counted toward the minimum
common open space requirement.
[3]
Absorption fields serving individual dwelling units may be located
in the common open space, but individual treatment tanks shall be
located within the lots they serve.
[4]
Drainage easements for sewer lines may be counted toward the
minimum common open space requirement.
(6)
The following stormwater management practices may be counted towards
the minimum common open space requirement, provided that they meet
the guidelines in the Pennsylvania Stormwater Best Management Practices
Manual:
(7)
Easements or rights-of-way for overhead power lines may be located
in, but shall not count toward the minimum common open space requirement.
[Amended 8-13-2001 by Ord. No. 142; 2-25-2013 by Ord. No.
195]
All residential cluster development shall adhere to following
design standards:
A.
Landscaping. Residential cluster development shall incorporate landscaping according to the standards outlined in § 200-101. The applicant shall prepare a landscape plan as part of this requirement.
B.
Screening. A residential cluster development shall be screened from adjacent properties or developments according to the standards in § 200-100 if natural features are not available.
C.
Pedestrian access. Residential cluster development shall be designed to encourage and promote pedestrian travel and access in accordance with § 200-105. In addition, no more than 15 lots shall be contiguous to each other without a centrally located access point to the common open space. The width of the access strip shall be no less than 50 feet and shall extend the full depth of the adjacent lots.
D.
Vehicular access and traffic controls. Vehicular access and traffic controls for residential cluster development shall be designed according the standards set forth in § 200-102.
E.
Interior circulation. Residential cluster development shall adhere to the interior circulation standards established in § 200-103.
F.
Lighting. Lighting of residential streets, recreation areas and pedestrian walkways shall be designed according to the standards outlined in § 200-106.
G.
Residential off-street parking. Residential cluster development shall comply with the residential off-street parking standards established in § 200-108.
[Amended 10-18-2006 by Ord. No. 168; 3-12-2007 by Ord. No. 170; 2-25-2013 by Ord. No. 195
A.
Ownership options for common open space. The following methods may
be used, either individually or in combination, to own common facilities
and common open space. Common open space shall not be transferred
to another entity except for transfer to another method of ownership
permitted under this section, and then only when there is no decrease
in the total common open space. Ownership methods shall conform to
the following:
(1)
New Garden Township.
(b)
Dedication of easements to New Garden Township. The Township
may, but shall not be required to, accept dedication of easements
for public use of any portion of the common open space. In such cases,
the facility remains in the ownership of the community association,
or private conservation organization, while the Township holds the
easements. In addition, the following regulations shall apply:
(2)
Community association. Common open space and common facilities may
be held in common ownership for the use of all residents of the subdivision
or land development and shall thereby be controlled and maintained
by a community association. Community association documents shall
be in compliance with the Pennsylvania Uniform Planned Community Act
(as to a homeowners' association document) or the Pennsylvania Uniform
Condominium Act (as to a condominium association document), as the
case may be. The community association document shall include, but
not be limited to, the following:
(a)
A description of the common open space to be owned by the community
association. This description shall include a plan of the proposal
highlighting the precise location of all aspects of the common open
space;
(b)
Statements setting forth the powers, duties, and responsibilities
of the community association, including the services to be provided;
(c)
A declaration of covenants, conditions, and restrictions (declaration),
giving perpetual easement to the lands and facilities owned by the
community association. The declaration shall be a legal document providing
for automatic membership for all owners in the subdivision or land
development and shall describe the mechanism by which owners participate
in the community association, including voting, elections, and meetings.
The declaration shall give power to the community association to own
and maintain the common open space and to make and enforce rules;
(d)
Statements prescribing the process by which community association
decisions are reached and setting forth the authority to act;
(e)
Statements requiring each owner within the subdivision or land
development to become a member of the community association;
(f)
Statements setting cross covenants or contractual terms binding
each owner to all other owners for mutual benefit and enforcement;
(g)
Requirements for all owners to provide a pro rata share of the
cost of the operations of the community association;
(h)
A process of collection and enforcement to obtain funds from
owners who fail to comply;
(i)
A process for transition of control of the community association
from the developer to the unit owners;
(j)
Statements describing how the common open space of the community
association will be insured, including limit of liability;
(k)
Provisions for the dissolution of the community association;
(l)
Agreements for the maintenance of stormwater management facilities;
and
(m)
Agreements for the maintenance and operation of water supply
and wastewater treatment facilities.
(3)
Private conservation organization or Chester County. With permission
of the Township, an owner may transfer either fee simple title of
the common open space or easements on the common open space to a private
nonprofit conservation organization or to Chester County, provided
that:
(a)
The conservation organization is acceptable to the Township
and is a bona fide conservation organization intended to exist indefinitely;
(b)
The conveyance contains appropriate provisions for proper reverter
or retransfer in the event that the organization or Chester County
becomes unwilling or unable to continue carrying out its functions;
(c)
The common open space is permanently restricted from future
development through a conservation easement and the Township is given
the ability to enforce these restrictions; and
(d)
A maintenance agreement acceptable to the Township is established
between the owner and the organization or Chester County.
(4)
Private ownership of conservancy lots. Up to 80% of the required
common open space may be located within one or more privately owned
conservancy lots of at least 10 acres, provided that:
(a)
The common open space is permanently restricted from future subdivision and development through a conservation easement, except for those uses listed in Zoning Ordinance § 200-95, Permitted uses.
(b)
The easement provides the Township the right, but not the obligation,
to enforce these restrictions.
B.
Management plan.
(1)
Unless otherwise agreed to by New Garden Township, the cost and responsibility
of maintaining common open space shall be borne by the property owner,
community association, or conservation organization.
(2)
The applicant shall, at the time of preliminary plan submission, provide a plan for management of common open space in accordance with § 170-20B(13) of the Subdivision and Land Development Ordinance.
C.
Remedy. Failure to adequately maintain the common open space in reasonable
order and condition in accordance with the development plan constitutes
a violation of this Zoning Ordinance.
(1)
In the event that the organization established to maintain the common
open space, or any successor organization thereto, fails to maintain
all or any portion thereof in reasonable order and condition, the
Township may serve written notice upon the owner of record, setting
forth the manner in which the owner of record has failed to maintain
the common open space in reasonable order and condition, and may direct
the owner to remedy the same within 30 days.
(2)
Upon default by any owner or other entity responsible for maintenance
of common open space, where such maintenance is necessary to abate
a nuisance, emergency, hazard or other condition threatening persons
or property or the public health, safety or welfare, the Township
may, but shall not be obligated to, take the following actions:
(a)
Upon 30 days' advance written notice to the owner or entity
responsible for such maintenance (or any lesser number of days as
may be specified in the notice in instances of emergency) and the
failure of such owner or entity to perform the necessary maintenance
and remedy the condition set forth in the notice, the Township may
enter upon the common open space to correct the condition. If the
Township is forced to assume responsibility for maintenance, any escrow
funds may be forfeited and any permits may be revoked or suspended.
(b)
Any and all costs incurred by the Township in connection with
such notice and maintenance shall be paid by the owner or responsible
entity within 10 days after written demand by the Township. Upon failure
of the owner or responsible entity to pay such costs in the time required,
there shall be added thereto interest at the rate of 15% per annum,
a fee of 20% of maintenance expenses incurred by the Township as an
administrative fee as well as all costs and attorney's fees incurred
by the Township in collection thereof.
(c)
All such costs of maintenance, remediation, administration,
notices, and collection, including court costs and attorney's fees,
shall constitute a municipal lien and be enforceable as such against
the owner or responsible entity. Where the responsible entity is a
community association, the municipal lien shall be enforceable against
each unit owner. Notice of such lien shall be filed by the Township
in the office of the Prothonotary of Chester County.
(d)
Where the responsible entity is a community association, the
community association document shall provide that in the event the
community association fails to reimburse the Township within 30 calendar
days of receipt of a written bill for such assessment, or if funds
from the community association are insufficient to fully reimburse
the Township, the Township shall have the right, after first providing
written notice to the community association and the unit owners, to
assess the unit owners directly for their proportionate share of such
cost of deficiency. Such assessment shall be assessed ratably against
the unit owners and shall become a municipal lien on such units from
the time such lien may be filed by the Township. If a lien is placed
by the Township against owners because of the failure of the community
association, or any successor organization to maintain the common
open space as provided herein, the Township shall, upon conveyance
of a unit, or securing any home equity loan by any unit owner, release
its lien as to the affected unit upon payment of the amount due which
was ratably assessed to that unit.
