In the BB Residential District, the following
regulations shall apply.
A building may be erected or used and a lot
may be used or occupied for any one of the following purposes, and
no other:
A.
Front yard. There shall be a front yard on each lot
which shall not be less than 25 feet in depth.
C.
Rear yard.
(1)
There shall be a rear yard on each lot which shall
not be less than 25 feet in depth.
(2)
An accessory use structure 100 square feet or less
in area, entirely separated from the principal building and located
at least 10 feet further back than the rear of the principal building,
may be erected within the rear yard but not closer than three feet
to the side or rear property lines, and not closer than five feet
to a party line.
B.
Accessory buildings and other structures. Swimming pools, tennis courts and other accessory buildings or structures may be permitted within this district, subject to the applicable regulations of Article XXVI, General Provisions.
C.
Landscaping. All development hereinafter initiated
in the BB Residential District shall have landscaping designed and
maintained in accordance with the applicable sections of the Subdivision
and Land Development Ordinance of Hatfield Township, as amended.[1]
D.
Common open space. All single-family semidetached
development within this district shall provide for not less than 25%
of the total developable area of the tract and all nondevelopable
area to be preserved as common open space. Common open space shall
be designed in accordance with the following standards:
(1)
Common open space shall be so designated on the plans,
and the plans shall contain a notation stating, "Common open space
shall not be separately sold and shall not be further developed or
subdivided."
(2)
Common open space areas shall be designed as a continuous
system of open space and shall be interconnected with open space areas
on abutting parcels whenever possible.
(3)
Common open space shall be provided with safe and
convenient access to the residentially developed area of the tract
by adjoining frontage on streets or easements capable of accommodating
pedestrian, bicycle, and maintenance vehicle traffic. Common open
space shall contain appropriate access improvements and shall be provided
with perimeter parking areas as appropriate.
(4)
Common open space shall predominantly consist of natural
environmental features or planted and maintained vegetation which
may contain walking, biking, or equestrian trials, and other facilities
as deemed appropriate by the Board of Commissioners.
(5)
Common open space shall be acceptable to the Board
of Commissioners.
(6)
Provisions for ownership and maintenance of the common
open space shall be made in a manner so as to insure its preservation.
This shall be accomplished in one of the following manners:
(a)
The developer shall offer the common open space
for dedication for public use and maintenance, if required by the
Township. However, the Township need not require that the common open
space be dedicated nor accept a dedication of the common open space
if offered.
(b)
With permission of the Township, and with appropriate
deed restrictions in favor of the Township and in language acceptable
to the Township Solicitor, the developer may transfer the fee simple
title in the common open space or a portion thereof to a private,
nonprofit organization among whose purposes is the conservation of
open space land and/or natural resources; provided, that:
[1]
The organization is acceptable to the Township
and is a bona fide conservation organization with a perpetual existence.
[2]
The conveyance contains appropriate provision
for proper retransfer or reverter in the event that the organization
becomes unable or unwilling to continue to carry out its functions.
[3]
A maintenance agreement acceptable to the Township
is entered into by the developer, organization and Township.
(c)
If the Township does not require dedication or permit transfer to a conservation organization as permitted in Subsection D(6)(b)[2], above, the developer shall provide for and establish an organization for the ownership and maintenance of the common open space consistent with the requirements for unit owners' associations found in the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq. If such an organization is created, the deeds and agreements of sale for the common open space and for all individual lots within the tract shall contain the following requirements in language acceptable to the Township Solicitor:
[1]
Such organization shall not dispose of the common
open space by sale or otherwise except to the Township or other governmental
body unless the Township has given prior approval. Such transfer shall
be made only to another organization which shall maintain the common
open space in accordance with the provisions of this chapter.
[2]
The organization and all lot owners within the
development shall agree to be bound by the provisions of §§ 705(d)(2)
and (3) of the Municipalities Planning Code, Act of July 31, 1968,
P.L. 805, No. 247, as amended, 53 P.S. § 10705(d)(2) and
(3), relating to Township maintenance of deteriorating open space
and providing for the ability of the Township to access and lien the
properties within the development.
[3]
All lot owners within the development shall
be required to become members of the organization and pay assessments
for the maintenance of the common open space which may be increased
for inflation and which may provide for professional management.
[4]
The Township may require the formation of a
reserve fund to cover capital improvements to the common open space.
E.
All single-family semidetached development in this
district must be served by public sewer and water. All utilities serving
a permitted use in this district shall be underground.
F.
Minimum tract area. A tract area of not less than
five acres nor more than 10 acres shall be provided for any single-family
semidetached development within the BA Residential District.
G.
Density. The overall density of single-family semidetached
development within the BB Residential District shall not exceed 5 1/2
dwelling units per developable area.
H.
Hazardous use. No building may be erected, altered,
or maintained, and no lot shall be used for any purpose, trade or
business that is noxious, offensive or potentially injurious to health
by reason of odor, noise, dust, smoke, heat, gas, radiation or vibration.
No hazardous materials, defined as all materials listed as hazardous
by the Environmental Protection Agency, or its successor, shall be
permitted on the site.
