In furtherance of the community development
objectives of this Zoning Ordinance, particularly relative to orderly
growth and the enhancement of environmental resources, it is the specific
intent of East Bradford Township through enactment of the Brandywine
Scenic River District to conserve the unique and sensitive natural
features, historic resources and visual attributes of the Lower Brandywine
Scenic River Corridor, as detailed in the Lower Brandywine Scenic
Rivers Evaluation and Management Study (November 1987) and formalized
through passage of Pennsylvania Act No. 1989-7.
Within the Brandywine Scenic River District,
those developments and uses to which the terms of this article apply
shall be designed and sited to achieve maximum compatibility with
existing site characteristics and to maximize conservation of sensitive
natural features, historic resources and visual attributes. The standards
and requirements of this article shall apply, as indicated herein,
on the basis of the type of subdivision or development proposed.
A. Development of a single lot. Where a single-family
detached dwelling unit is proposed within the BSR District on a single
lot created through a subdivision approved prior to enactment of this
article, and such lot cannot be further subdivided under the terms
of the base zoning district, the development and design of such a
lot shall be permitted in accordance with the terms of the underlying
base zoning district and shall not be required to comply with the
terms of this article.
B. Agricultural uses. Agricultural uses, including principal and accessory structures, shall be permitted in accordance with the terms of the underlying base zoning district and other applicable provisions of this chapter. In addition, such uses shall be required to comply with the terms of §
115-143A of this article.
C. Nonresidential use. Where a tract is proposed for nonresidential use in accordance with the underlying zoning, development of such a tract shall be permitted in accordance with the terms of the underlying base zoning district and the requirements of this article, including the design standards contained in §
115-142, as applicable.
D. Conventional development option. Where a tract within the underlying R-1, R-2 or R-3 District is proposed for subdivision into two or more lots under the conventional development option, the development and design of such a subdivision shall be permitted in accordance with the terms of the underlying district and the design standards contained in §
115-142 below.
E. Open space development option.
(1)
Where a tract within the underlying R-1, R-2 or R-3 District is proposed for subdivision under the open space development option, and where approved by the Board of Supervisors as a conditional use, the development and design of such a subdivision shall be permitted in accordance with the terms of the underlying district, the provisions of §
115-49 and the design standards contained in §
115-142 below.
(2)
Two-family and multifamily dwellings shall not
be permitted under the open space development option within the BSR
District, except in conformance with all provisions applicable to
the BSR bonus option, whether or not bonus density is provided.
Except as otherwise noted herein, the following
design standards are applicable within the BSR District to any new
principal use and to the expansion, alteration, modification or reconstruction
of any existing use or structure for which a building permit is required:
A. Siting in relation to BSR District boundaries. Land
disturbance and development governed by this article shall be located
on the basis of the following criteria, listed in order of Township
preference:
(1)
Where a portion of the tract lies outside the
BSR District boundary, and that portion of the tract is of sufficient
size and is otherwise suitable for such use, the proposed land disturbance
and development shall be located outside of the BSR District and in
accordance with all other applicable regulations.
(2)
Where compliance with the siting criterion in Subsection
A(1) above is not feasible, the proposed land disturbance and development shall be located within the BSR District, but outside areas classified as "visually significant landscapes" on the Brandywine Scenic River District Zoning Overlay Map.
(3)
Where the applicant demonstrates to the satisfaction
of the Board of Supervisors that development is unavoidable within
areas classified as "visually significant landscapes" on the Brandywine
Scenic River District Zoning Overlay Map (due to insufficient or unsuitable
alternative portions of the tract), the proposed land disturbance
and development may be located in such areas, subject to compliance
with the design standards herein.
B. Siting in relation to existing topography.
(1)
Permitted structures shall be sited entirely
below the elevation of the nearest ridge line, to the greatest extent
feasible.
(2)
Mitigative design techniques.
(a)
Where the applicant contends that the siting
of structures entirely below ridge lines is not feasible, the applicant
shall include within submitted subdivision plans one or more of the
following mitigative design techniques:
[1]
Siting of buildings and rooflines parallel to
topography.
[2]
Siting of buildings so as to minimize prominence
from the perspective of public views (for example, face short side/end
toward prominent view).
[3]
Submission of individual lot landscaping plans
demonstrating effective screening of views from public roads.
[4]
Introduction of landscape screening comprised
primarily of native plant material designed to be compatible with
the existing landscape.
(b)
Such siting and/or landscaping shall comply
in all other relevant respects with the provisions of this article.
C. Standards for retention or installation of vegetation.
(1)
A landscaping plan shall be required which details
existing vegetation and its maintenance and all supplemental landscaping,
including introduction of required screening and/or shade trees.
(2)
Disturbance of existing woodland areas shall
be minimized. Where feasible, clearing of woodland to provide for
construction access shall be minimized by locating access clearings
so as to coincide with ultimate driveway locations. Otherwise, access
clearings should be located such that each clearing serves two or
more adjacent lots. Restrictions regarding tree and other vegetation
removal shall not extend to deadwood or diseased vegetation.
(3)
Except as provided herein, clearing of trees
for any purpose shall not result in the removal of more than 20% of
any existing tree mass, tree line, hedgerow or individual freestanding
tree over six inches diameter measured 4.5 feet above mean ground
level, as inventoried in accordance with § 95-13G. For the
purposes of this section, the extent of area occupied by such trees
shall be measured from the outermost dripline of any tree or of all
the trees in a tree mass, tree line or hedgerow.
(4)
Where the applicant demonstrates to the satisfaction
of the Board that additional woodland removal is necessary to permit
development in accordance with this article, replacement trees shall
be provided. Replacement trees shall include at least one tree of
two-and-five-tenths-inch caliper or greater for each 1,000 square
feet of woodland removed beyond 20%. The applicant's required landscape
plan shall indicate all areas of woodland removal, as well as the
species and locations of replacement trees.
(5)
For purposes of promoting disease resistance,
minimum maintenance, diverse natural plant associations and long-term
stability of plantings, plant materials in landscaping shall be comprised
of native trees and shrubs unless the applicant can demonstrate to
the satisfaction of the Board the acceptability of an alternative.
Species selected should reflect existing site conditions and their
suitability for the plant materials, based upon the geology, hydrology,
soils and microclimate of the site.
(6)
Within 50 feet of the water surface of the Brandywine
River and Valley Creek, as measured from the top of the bank, no land
disturbance, grading or clearing of vegetation shall be permitted,
except that:
(a)
Agricultural activities may be conducted in accordance with §
115-143A(2).
(b)
Vegetation may be cleared as a reforestation
measure or as a means to eliminate dead, diseased or hazardous tree
stands or noxious vegetation.
(7)
Wildlife habitat noted in the East Bradford
Township Open Space, Recreation and Environmental Resources Plan shall
be preserved to the greatest extent feasible. Where feasible, more
than one habitat area on a single tract shall be preserved, particularly
where differing habitat types have been inventoried, in order to promote
maintenance of habitat diversity.
D. Grading standards. Alteration of natural ridge lines within the BSR District through grading or earthmoving shall be avoided or, if not feasible, shall be minimized to the greatest extent feasible and shall be in compliance with Chapter
90 of the East Bradford Township Code.