[Amended 8-21-2003 by Ord. No. 2003-5]
A. An applicant seeking a modification or exception to
this chapter shall submit to the Township staff a request in writing
that states the specific chapter section(s) involved and the reasons
for the request. The staff shall provide the request to the Planning
Commission for a recommendation. After the Planning Commission has
had an opportunity for review at a meeting(s), the Board of Supervisors
may, in writing, grant a waiver or modifications to the specific requirements
of this chapter. The Planning Commission or the Board of Supervisors
may hold a public hearing on the request before granting approval.
B. The applicant must prove that the request will meet
one or more of the following conditions:
(1) Avoid an undue hardship that was not self-created
and that results from the peculiar and uncommon conditions of the
property, and which may consider the date on which the applicant purchased
the property; or
(2) Avoid a clearly unreasonable requirement that would
not serve any valid public purpose; or
(3) Allow an alternative standard that is clearly proven
by the applicant to provide equal or better results; or
(4) Allow a layout or improvements that would clearly
be more in the public interest than what would occur if the modification
were not granted; or
(5) Remove a requirement that is not applicable, especially
because of the small size of the proposed subdivision or land development;
or
(6) Recognize that individual lots within a proposed commercial
or industrial subdivision will require future land development approvals,
and that certain engineering matters can be deferred until specific
land development plans are submitted; or
(7) Is necessary to result in a higher quality site design,
including a design that is more pedestrian friendly, encourages lower
speed traffic on residential streets and/or promotes patterns of development
similar to traditional villages; or
(8) Is necessary to minimize adverse impacts upon important
natural features, scenic views and historic buildings.
C. Modification of requirements for conservation design
development. In addition to the authority granted above, the Board
of Supervisors shall have the authority to modify specific requirements
of this chapter for a conservation design development.
(1) A modification under this section shall be permissible
to achieve either of the following objectives:
(a)
To result in a higher quality site design, including
a design that is more pedestrian friendly, encourages lower speed
traffic on residential streets and/or promotes patterns of development
similar to traditional villages.
(b)
To minimize adverse impacts upon important natural
features, scenic views and historic buildings.
(2) Allowed modifications. A modification under this section
may include, but is not limited to the following:
(a)
Reduction in the minimum horizontal curve radius
of streets to promote lower speed traffic.
(b)
Variations in the design of cul-de-sac street
ends.
(c)
Reduction of street cartway widths and provisions
for alleys to provide rear access to properties, considering the expected
traffic volumes, on-street parking and traffic speeds.
(d)
Allowance of roadside drainage swales without
curbing where curbing is not necessary for stormwater management reasons.
(e)
Variations in landscaping and buffer yard requirements
that still achieve a similar effect to what would otherwise be required.
(f)
Allowance of shared driveways where necessary
to minimize impacts upon natural resources and to manage traffic access
onto through streets.
(g)
Allowance of flag not in compliance with §
86-19 where necessary to minimize impacts upon natural resources. A flag lot shall only be approved by the Board of Supervisors if it will be within a conservation design subdivision and meets all of the following standards:
[Amended 9-3-2020 by Ord. No. 2020-06]
[1]
The applicant proves to the Board of Supervisors
that the flag lot is necessary to minimize the environmental impacts
(such as grading and removal of woods) that would otherwise occur,
and would not result in a greater number of lots on the tract than
would otherwise be feasible and allowed.
[2]
A flag lot shall meet the minimum lot width
requirement stated in the Zoning Chapter as measured at the proposed
front yard building setback line, as opposed to the minimum front
yard building setback line.
[3]
The pole portion of the lot shall be the area
of the lot that extends between the street and the location the lot
width would meet the minimum lot width requirement. This pole portion
of the lot shall not exceed 300 feet in length, as measured from the
street right-of-way.
[4]
The lot shall have an absolute minimum lot width
in all locations of 25 feet, including but not limited to the minimum
lot width as measured along the street right-of-way. However, no more
than 25% of the outer edge of paving of a cul-de-sac shall include
driveway entrances.
[5]
A flag lot shall only be approved for a lot
that is protected by a deed restriction or conservation easement from
future subdivision.
[6]
Every flag lot shall have a driveway on the
lot that provides access to a street.
[7]
A maximum of 20% of the lots within a subdivision
may be approved as flag lots.
[8]
The applicant shall prove to the satisfaction
of the Township that the proposed driveway would provide adequate
access for emergency vehicles.
[9]
This section shall not relieve a property of
any ordinance requirements other than the minimum lot width.
[10]
The minimum front yard requirement shall be
met by being measured back from the location on the lot where the
minimum lot width is met.
[11]
A flag lot may be approved behind an existing
lot, but a flag lot shall not be placed behind another flag lot. Therefore,
no more than one tier of flag lots shall be permitted.