[Amended 7-16-2014 by Ord. No. 02-2014]
A. The principal purpose of the R-3 Residential District is to assure
sufficient opportunities for a variety of housing types and densities
in the areas for which the Township has planned to accommodate those
uses. The district provides for relatively concentrated single-family
detached dwellings, under conventional lot-by-lot and clustered design;
it also permits two-family and multifamily dwellings under the cluster
development option. The locations zoned R-3 reflect Township land
use and community facilities policy regarding proper areas for relatively
high-intensity development in East Brandywine, based in part on suitability
of roads, the existing or planned availability of public water and
community sewage service, and proximity to the Guthriesville Village
core area. The district also is intended to support and implement
the policies of Landscapes2, the Chester County Comprehensive Policy
Plan.
B. Development or redevelopment of this area for residential uses is
an important element in the overall mix of housing stock and housing
opportunities in East Brandywine Township.
C. A portion of the R-3 Residential District adjoining the TND-1 Traditional
Neighborhood Development District is provided with the option to utilize
the terms of the TND-2 Overlay District regulations. The intent is
to complement the potential development, both residential and nonresidential,
in the Guthriesville Village core area and create appropriate transition
to the surrounding residential districts.
[Amended 3-20-2002; 1-3-2011 by Ord. No. 02-2011; 7-16-2014 by Ord. No. 02-2014]
Except where the terms of the TND-2 Overlay District are utilized, the following regulations shall apply in the R-3 District to those uses permitted under §
399-33A(3) and
(4) and
B(1) and
(2). Traditional neighborhood development (TND-2) shall comply with the terms of §
399-36B.
B. Minimum lot width. Each such lot shall have a width
of not less than 150 feet, measured at the building setback line.
C. Minimum front yard. No building shall be situated
less than 50 feet from the front lot line.
D. Minimum side and rear yards.
(1) On each lot, other than a corner lot, there shall
be two side yards having an aggregate width of not less than 60 feet,
with neither side yard having a width of less than 20 feet. A corner
lot, as defined by this chapter, shall have one or more side yards,
each of which shall be not less than 30 feet.
(2) No principal building shall be situated less than
30 feet from any rear lot line.
(3) Any accessory use structure may be located within a side or rear yard only in accordance with §
399-75 of this chapter or, with respect to the sheltering of animals, in accordance with §
399-85D(2).
E. Maximum impervious surface. Not more than 20% of the net area of
any lot may be covered in impervious surfaces.
[Amended 8-18-2022 by Ord. No. 02-2022]
F. Maximum height. Except as provided in §
399-73 of this chapter, no building or other structure erected in the R-3 District shall exceed a height of three stories or 35 feet, whichever is less.
The following regulations shall apply in the R-3 District to any clustered residential development permitted under the terms of §
399-33A(2):
A. Permitted uses.
(1) The following residential uses, individually or in
combination, are permitted by right in a clustered residential development:
(a)
Single-family detached dwellings.
(2) The following nonresidential uses, when secondary and/or supplemental to the residential uses permitted under Subsection
A(1) above, shall be permitted by right:
(c)
Public or private school.
(3) The following uses shall be permitted when approved as conditional uses by the Board of Supervisors under the terms of this article and §
399-137 of this chapter:
(a)
Neighborhood commercial uses, including retail,
personal service, restaurant (exclusive of any fast-food or drive-in
service restaurant), professional office, or other use deemed comparable
by the Board, but specifically not including convenience stores.
[Amended 3-6-2008 by Ord. No. 03-2008]
B. Minimum gross tract area.
(1) Residential use only: 10 acres.
(2) Development that includes permitted nonresidential
use: 20 acres.
C. Maximum density of residential use:
(1) Single-family detached dwellings: Two dwelling units
per acre of net tract area.
(2) Two-family dwellings: Three dwelling units per acre
of net tract area.
(3) Townhouses: Four dwelling units per acre of net tract
area.
(4) Apartments: Five dwelling units per acre of net tract
area.
D. Maximum intensity of nonresidential use. A maximum of 5% of the net tract area of a tract proposed for clustered residential development may be used for one or more of the nonresidential uses permitted in §
399-37A(2) or
(3). The maximum floor area ratio for such uses shall be 0.33, unless an alternative amount of floor area is specifically approved by the Board.
[Amended 3-6-2008 by Ord. No. 03-2008]
E. Area and bulk regulations for residential uses:
(1) Single-family detached dwellings.
(a)
Minimum net lot area: 10,000 square feet.
(b)
Minimum lot width: 70 feet, at the building
setback line.
(c)
Minimum front yard: 20 feet.
(d)
Minimum side yards: 30 feet aggregate, with
neither less than five feet; dwellings shall not be separated by less
than 30 feet.
(e)
Minimum rear yard: 35 feet.
(f)
Maximum impervious surface: 45% of the net lot
area.
(g)
Minimum amount of common open space: 35% of
the net tract area, together with 100% of the area containing or contained
within any primary conservation area, as defined by this chapter.
[Amended 3-4-2010 by Ord. No. 02-2010]
(2) Two-family dwellings.
(a)
Minimum net lot area: 7,500 square feet per
dwelling unit.
(b)
Minimum lot width: 50 feet per dwelling unit,
measured at the building setback line.
(c)
Minimum front yard: 20 feet.
(d)
Minimum side yards: 15 feet per dwelling unit.
(e)
Minimum rear yard: 35 feet.
(f)
Maximum impervious surface: 45% of the net lot
area.
(g)
Minimum amount of common open space: 35% of
the net tract area, together with 100% of the area containing or contained
within any primary conservation area, as defined by this chapter.
[Amended 3-4-2010 by Ord. No. 02-2010]
(3) Townhouse dwellings:
(a)
Minimum net lot area (or equivalent area for
non-fee simple units): 3,200 square feet per dwelling unit.
(b)
Minimum width of unit: 20 feet.
(c)
Minimum yard dimensions (for fee-simple units;
comparable building placement shall be achieved for condominium or
rental units, and compliance with the building setback and separation
standards of this section shall be required for all structures):
[2]
Side yard (end units): 20 feet.
(d)
Minimum distance between townhouse structures:
40 feet.
(e)
Minimum setback from any tract boundary: 50
feet.
(f)
Maximum length of any structure: 150 feet.
(g)
Maximum impervious surface: 35% of the net tract
area.
(h)
Minimum amount of common open space: 50% of
the net tract area, together with 100% of the area containing or contained
within any primary conservation area, as defined by this chapter.
[Amended 3-4-2010 by Ord. No. 02-2010]
(4) Apartment dwellings.
(a)
Minimum setback from any tract boundary: 50
feet.
(b)
Minimum distance between apartment structures:
40 feet.
(c)
Maximum length of any structure: 150 feet.
(d)
Maximum impervious surface: 35% of the net tract
area.
(e)
Minimum amount of common open space: 60% of
the net tract area, together with 100% of the area containing or contained
within any primary conservation area, as defined by this chapter.
F. Area and bulk regulations for nonresidential uses.
(1) Nonresidential uses may be incorporated within a portion
of a multifamily building upon approval of the Board and when in compliance
with all applicable standards of this chapter.
(2) Where a nonresidential use is proposed to be located
in a freestanding building, the following area and bulk regulations
shall apply:
(a)
Minimum net lot area: 20,000 square feet.
(b)
Minimum lot width: 90 feet.
(c)
Minimum front yard: 15 feet.
(d)
Minimum side yards: 25 feet each.
(e)
Minimum rear yard: 50 feet.
(f)
Maximum impervious surface: 50% of the net lot
area.
G. Maximum building height: Except as provided in §
399-73 of this chapter, no building or other structure within a clustered residential development shall exceed a height of three stories or 35 feet, whichever is less.
H. Where the site contains a Class I or Class II historic structure, such structure shall be retained and incorporated into the proposed use and design of the site, unless the applicant demonstrates to the satisfaction of the Board that this requirement is infeasible due to the condition and/or location of the structure. Any proposal to demolish such a structure shall comply with the requirements in Article
XII.
I. Use, design, ownership, and maintenance of common open space: The standards for common open space in §
399-58C(5) of this chapter shall be applicable to clustered residential development in the R-3 District.
J. Requirements for wastewater facilities and water supply
system.
(1) Any property proposed for use as a clustered residential development in the R-3 District shall be served by a community sewage facilities system, as defined by this chapter. The plans for such system shall be consistent with the East Brandywine Township Sewage Facilities (Act 537) Plan and shall demonstrate compliance with all applicable regulations of the East Brandywine Township Municipal Authority, the Chester County Health Department, and the Pennsylvania Department of Environmental Protection, and with the requirements of §
350-47 of Chapter
350, Subdivision and Land Development.
(2) Any property proposed for use as a clustered residential
development in the R-3 District shall be served by a public water
supply system, as defined by this chapter. Plans for the system must
demonstrate adequate supply for the proposed use, and must comply
with:
(a)
The standards of this article;
(b)
The regulations of the East Brandywine Township
Municipal Authority; and
(c)
The requirements of §
350-48 of Chapter
350, Subdivision and Land Development.
K. A pedestrian and bikeway network shall be provided
throughout the clustered residential development. It may include a
combination of sidewalks, pathways, and trails that provide reasonable
access to residential and nonresidential uses, open space, or other
destinations within the tract, as well as by connection to a broader
Township pedestrian and/or bikeway system.
L. Standards and criteria for conditional uses. In evaluating and deciding upon any application for conditional use approval for a nonresidential use, as provided in Subsection
A(3), the Board shall determine the degree of compliance with the standards in §
399-137D of this chapter. In addition, the Board shall weigh the degree to which the applicant has addressed the following:
(1) Limiting undesirable and potentially deleterious off-site
impacts, particularly in relation to excessive traffic generation
and vehicular turning movements;
(2) Extent to which the proposed use will be compatible
with the principal residential use of the tract and will constitute
an appropriate component of the mixed-use nature of the tract by meeting
anticipated needs of the residents.
(3) Location on the tract that maximizes direct access
to Route 322, consistent with appropriate access management standards.
(4) Where applicable, the proposal presents an opportunity to adaptively reuse an historic building on the site, consistent with review and approval process required by Article
XII of this chapter.
(5) Architectural character of the proposed nonresidential
use displays general compatibility with the surrounding neighborhood,
both existing and proposed.