A.
It is the intent of this article to provide for modification
of lot area, yard and use requirements in certain zoning districts
in connection with single-family dwelling development for the purpose
of accomplishing the following objectives:
(1)
To encourage conservation and use of open space in
new residential development.
(2)
To encourage land development which preserves trees
and natural topography, prevents soil erosion and promotes the best
interests of the Township from an aesthetic, ecological and natural
resource standpoint.
(3)
To encourage attractive arrangements of dwellings
by permitting the design and layout of dwellings to be closely related
to the physical characteristics of the site in harmony with surrounding
tracts.
B.
The means of accomplishing such objectives shall be
made only on the basis of subdivision and/or land development plans
approved by the Board of Commissioners which meet the purposes and
requirements of this article. It is not intended that every tract
of land is adaptable to the purposes of this article, and therefore
the Board of Commissioners may disapprove an application upon any
tract which, in its judgment, should be developed under the other
provisions of this chapter.
[Amended 10-28-1975 by Ord. No. 1613]
C.
This article is based upon and shall be interpreted
in relation to the Comprehensive Plan adopted by the Board of Commissioners.
[Amended 4-10-1989 by Ord. No. 89-18; 11-14-2005 by Ord. No.
2005-20]
A.
Not less than 25% of the tract area shall be designated
in the subdivision or development plan as common open space. Common
open space may not include required buffer yards, floodplain or wetlands.
No more than 10% of the required common open space may be used to
meet the plan's stormwater management requirements, and all required
common open space shall be contiguous unless the Board of Commissioners
approves otherwise.
[Amended 10-28-1975 by Ord. No. 1613; 4-26-2021 by Ord. No. 2021-03]
B.
Common open space shall be land which is appropriate
and in suitable condition for recreation, park site, school grounds,
woodland conservation, or other similar recreation or open-space purpose.
[Amended 4-26-2021 by Ord. No. 2021-03]
C.
The common open space shall be contiguous to the development
and not be separated from the tract by existing roads.
[Amended 10-28-1975 by Ord. No. 1613]
D.
Consideration shall be given to the arrangement and
location of common open space to take advantage of physical characteristics
of the site and to place common open space within easy access and
view of dwelling units, at the same time preserving and enhancing
natural features. Areas set aside for common open space shall contain
no structure other than a structure related to outdoor recreational
use.
E.
Common open space shall be made subject to such agreement
with the Township and such deed restrictions duly recorded in the
office of the Recorder of Deeds in Delaware County as may be required
by the Board of Commissioners for the purpose of preserving the common
open space for such use.
F.
Common open space, within the meaning of this article,
shall consist of a parcel or parcels of land or an area of water,
or a combination of land or water, within a development site, designed
and intended for the use or enjoyment of residents of the development
or the public, not including streets, off-street parking areas and
areas set aside for public facilities.
G.
There shall be a buffer of 25 feet along all property
lines which abut residentially zoned districts which shall not contain
any roads, structures, parking areas, etc., and shall be planted in
accordance with a plan which shall be approved by the Board of Commissioners
at the time of final approval. This buffer strip shall not be counted
as part of the common open space.
[Added 10-28-1975 by Ord. No. 1613]
A.
The zoning districts to which this article is applicable,
the minimum tract size, the maximum gross density and the minimum
building setbacks from the perimeter streets and property permitted
under this article shall be as follows:
[Amended 10-28-1975 by Ord. No. 1613; 8-7-1978 by Ord. No.
78-22]
(1)
In AC and R-1 Districts, the minimum tract size must
be at least 20 acres. The density will be computed in relation to
the common open space and at a rate of 3% of common open space to
1% increase in density over that allowed in the zoned district. The
maximum density increase will be 14% based on 42% or more of common
open space. There shall be no building within 75 feet of an existing
street right-of-way line and 50 feet from any adjacent property line.
[Amended 5-14-1990 by Ord. No. 90-21]
(2)
In R-1A and R-2 Districts, the minimum tract size
must be at least 15 acres. The density will be computed in relation
to the common open space, at a rate of 3% of common open space to
1% increase in density over that allowed in the zoned district. The
maximum density increase will be 14% based on 42% or more of common
open space. There shall be no building within 60 feet of an existing
street right-of-way line and 40 feet from any adjacent property line.
[Amended 11-14-2005 by Ord. No. 2005-19]
(3)
In R-3 Districts, the minimum tract size must be at
least 10 acres. The density will be computed in relation to the common
open space, at a rate of 4% of common open space to 1% increase in
density over that allowed in the zoned district. The maximum density
increases will be 10% based on 40% or more of common open space. There
shall be no buildings within 50 feet of an existing street right-of-way
line and 25 feet from any adjacent property line.
(4)
In R-4 Districts, the minimum tract size must be at
least five acres. The density shall be at a maximum of 5.5 units per
acre. There shall be no buildings within 40 feet of an existing street
right-of-way line and 25 feet from any adjacent property line.
B.
Tract area, for the purpose of this article, shall
consist of all that total area proposed for development, but shall
exclude all portions of the tract subject and servient to easements
and legal rights-of-way to which the dominant portion of the tract
is not afforded access and use directly from the interior road system
of the dominant tract.
C.
In computing maximum gross density, there shall be
excluded from the determination of tract size 1/2 of all land situate
in the floodplain and 1/2 of all land situate on slopes over 22%.
[Amended 10-28-1975 by Ord. No. 1613; 2-27-1978 by Ord. No.
78-02]
The use provisions of the above-mentioned zoning
districts applicable to the tract shall apply, except that in R-3
and R-4 Districts, townhouses shall be a permitted use when authorized
under the provisions of this article.
B.
Not more than eight townhouses shall be attached in
a single group, and each group of townhouses shall be separated from
each other group by at least 20 feet. No more than two contiguous
townhouses in any group may be constructed in line, and each townhouse
shall have at least one plan element on any floor which projects or
recedes within the wall plane of the facade a minimum dimension of
two feet.
[Amended 10-28-1975 by Ord. No. 1613]
C.
For the purpose of this article, a "townhouse" is
defined as a single-family dwelling consisting of two or more floors,
attached to one or more similar structures as part of a unified development.
[Amended 10-28-1975 by Ord. No. 1613; 1-11-1988 by Ord. No.
88-03]
A.
The building area coverage and height regulations
of the zoning district in which the property is located shall apply,
except that the total area covered by building and impervious surfaces,
excluding streets, shall not exceed the percentage of building coverage
and impervious surfaces established for the zoning district plus an
additional 5%.
[Amended 9-10-2001 by Ord. No. 2001-28]
B.
All provisions in other sections of this chapter not
in conflict with this article shall apply.
A.
Every effort must be made in connection with each
subdivision and development plan to avoid excessive earth moving,
undue tree clearance and destruction of natural features. The following
are priority requirements:
(1)
Lakes, streams and wooded slopes shall be preserved.
(2)
The development plan must specify the means for protecting
trees and other natural features during construction.
(3)
The location of trees and other natural features must
be given first consideration in planning common open space, location
of dwellings, walks, paved areas and finished grade levels.
(4)
Landscaping shall be regarded as essential to every
development plan. Not only must natural features, trees and slopes
of the site be preserved, but careful attention must be given to landscaping
of parking areas and providing for street trees.
(5)
Seeding, sodding and other planting shall be applied
to stabilize topsoil on steep slopes and to enhance the appearance
of open areas.
(6)
Streetlighting shall not shine directly into habitable
dwelling windows located inside or outside the development.
Every development under this article shall be
served by sanitary sewers and public water supply.
A.
It is the intention of this section to allow the placement
of dwellings in the development in such a way as to best use the land
and maintain the natural features insofar as possible.
[Amended 10-28-1975 by Ord. No. 1613]
B.
In all developments except those covered by Subsection C, the yards will be as follows:
[Amended 10-28-1975 by Ord. No. 1613]
(1)
Front yard. No dwelling shall be located less than
35 feet from the edge of the outside of the curb or, in the case of
an interior lot, the required setback shall be measured from the property
line parallel or most nearly parallel to the street line on which
said lot has frontage.
[Amended 1-11-1988 by Ord. No. 88-03]
(2)
Side yard. Each side yard shall be 25 feet in AC and
R-1 Districts, 20 feet in R-1A and R-2 Districts and 15 feet in R-3
and R-4 Districts.
[Amended 5-14-1991 by Ord. No. 90-21; 11-14-2005 by Ord. No. 2005-19]
(3)
Rear yard. The rear yard shall be 30 feet in all districts.
(4)
Accessory structures. No accessory structure shall
be located in the required front yard. No accessory structure shall
be located closer than 10 feet to a rear or side yard line.
C.
When it is in the best interests of the Township, in that a particular tract of land has such natural features as to warrant special consideration to preserve these natural features, any applicant may request a deviation from Subsection B above.
[Amended 10-28-1975 by Ord. No. 1613]
(1)
The deviation request must contain the following:
(a)
The area on the property within which each dwelling
and accessory structures must be constructed.
(b)
The location of all trees over six inches in
diameter.
(c)
The proposed lot lines if any of each lot.
(d)
The substance of deed restrictions pertaining
to each lot as they may pertain to fences, swimming pools, patios,
walls, plan approval, etc.
(2)
The Township may grant approvals to this type of yard
requirement, provided that there is a finding that such a development
will preserve the natural features of the land.
(3)
The Township may impose such other conditions as may
be in the best interest of the Township and the future residents of
the development.
D.
If a tract is developed and operated under the Unit
Property Act of Pennsylvania or under any similar form of development
and operation, the minimum side yard distances between dwellings or
groups of townhouses, in lieu of the foregoing yard requirements,
shall be 40 feet in AC and R-1 Districts and 30 feet in R-1A, R-2,
R-3 and R-4 Districts.
[Amended 9-22-1980 by Ord. No. 80-21; 4-9-1984 by Ord. No.
84-10; 5-14-1990 by Ord. No. 90-21; 11-14-2005 by Ord. No. 2005-19]
E.
No accessory buildings or structures shall be located
in the required perimeter yard areas.
A.
All housing shall be designed with regard to topography
and natural features of the site. The effects of prevailing winds,
seasonal temperature and hours of sunlight on the physical layout
and form of the proposed land use and buildings shall be taken into
account.
B.
Variations in setbacks shall be provided, when practicable,
for housing fronting on streets.
C.
Adequate vehicular and pedestrian access and parking
areas shall be provided without creating nuisances or detracting from
privacy.
A.
Land development plans shall describe the plan for
ownership and maintenance of common open space.
C.
The Board of Commissioners may require dedication,
easements and/or deed restrictions covering all or portions of the
common open space and may require the applicant to provide for and
establish an organization for the maintenance of the common open space,
organized under or similar to that required by the Unit Property Act
of July 3, 1968, P.L. 196, and agree that such organization or the
group of unit owners holding undivided interest in the common open
space shall not dispose of the common open space by sale or otherwise
(except to a similar organization or group conceived and established
to own and maintain common open space). In determining whether the
organization described in the plan is adequate, the Board of Commissioners
shall consider the type and structure of the organization from the
standpoint of its capacity to raise revenue, meet obligations and
properly maintain facilities.
D.
In the event that the common open space is, in the
judgment of the Board of Commissioners, permitted to deteriorate or
not maintained in reasonable condition in accordance with the plan,
the Township shall have the option of taking whatever steps are afforded
by law to require compliance with the plan.
E.
In addition to any other remedies afforded by law,
the Township shall have the right, which may be made part of the agreement
with the applicant, to enter upon the common open space and maintain
the same for a period not to exceed one year. The purpose of such
action by the Township shall be to preserve the taxable values of
the property within the development and prevent the common open space
from becoming a public nuisance.
F.
Prior to entering upon the property, the Board of
Commissioners shall give written notice of the condition complained
of to the property owner and afford the latter a period of not less
than 30 days to remedy and correct the same.
G.
The cost of such maintenance by the Township shall
be assessed ratably against the properties within the development
which have a right of enjoyment of the common open space and shall
become a lien upon said properties upon filing thereof as required
by law.
A.
Any application for conditional use approval of a proposed density modification development as provided for in this article shall be submitted in accordance with the terms of Article XXIII, Conditional Uses, of this chapter and reviewed for compliance with the standards and criteria of that section.
[Amended 5-14-1990 by Ord. No. 90-21]
B.
In addition, the following information shall be submitted
to the Township:
(1)
The nature of the landowners' interest in the
land to be developed.
(2)
The density of land use to be allocated to the
site to be developed.
(3)
Location and size of common open space and the
form of the organization proposed to own and maintain the common open
space.
(4)
The use and the approximate height, bulk and
location of dwellings and other structures.
(5)
The feasibility of proposals for the disposition
of sanitary waste and stormwater and provision of public water supply.
(6)
The substance of covenants, grants of easements
or other restrictions proposed to be imposed upon the use of the land,
buildings and structures, including proposed easements or grants for
public utilities.
(7)
A provision for parking of vehicles and the
location and width of proposed streets and public ways.
(8)
A statement which will show the ecological and
economic impact of the development on the Township and especially
as to the surrounding areas.
[Added 10-28-1975 by Ord. No. 1613]
(9)
The results of traffic studies taken on the
surrounding and nearby roads.
[Added 10-28-1975 by Ord. No. 1613][1]
[1]
Editor's Note: Former § 135-95C
and D, concerning the filing of applications with the Planning Commission,
as amended 10-28-1975 by Ord. No. 1613; § 135-96, Public
hearing; § 135-97, Determination by Board of Commissioners,
as amended 10-28-1975 by Ord. No. 1613; and § 135-98, Failure
of applicant to act upon application, which immediately followed this
subsection, were deleted 5-14-1990 by Ord. 90-21.
