A.
In addition to the general goals listed in the preamble and the community development objectives, the Board acknowledges that the technology of land development and the demand for housing is undergoing substantial and rapid change, and recognizes the applicability of the objectives set forth in Article VII of Act 247, the Pennsylvania Municipalities Planning Code (53 P.S. § 10701 et seq).
B.
Therefore, the specific intent of this article is
to:[1]
(1)
Encourage innovations in residential development
and renewal so that the growing demand for housing may be met by greater
variety in type, design, and layout of dwellings and by the conservation
and more efficient use of open space ancillary to said dwellings;
(2)
Provide greater opportunities for better housing
and recreation for all who are or will be residents of the Township;
(3)
Encourage a more efficient use of land and public
service and to reflect changes in the technology of land development
so that the economies so secured may enure to the benefit of those
who need homes;
(4)
Encourage more flexible land development which
will respect and conserve natural resources such as streams, lakes,
floodplains, groundwater, wooded areas, steeply sloped areas, and
areas of unusual beauty or importance to the natural ecosystem;
(5)
Encourage innovations in residential developments
that are designed to minimize energy consumption and maximize recycling
of materials in their layout, transportation, climate control, energy
sources, and solid and liquid waste treatment systems; and
(6)
Provide a procedure which can relate the type,
design, and layout of residential development to the particular site
and the particular demand for housing existing at the time of development
in a manner consistent with the preservation of the property values
within existing residential areas, and to assure that the increased
flexibility of regulations over land development established hereby
is carried out pursuant to sound, expeditious, and fair administrative
standards and procedures.
[1]
Editor's Note: Former Subsection B(1), regarding
uniform treatment, which immediately followed, was repealed 9-15-2008
by Ord. No. 2008-1. This ordinance also redesignated former Subsection
B(2) through (7) as B(1) through (6), respectively.
[Amended 3-3-2003 by Ord. No. 2003-2]
For purposes of this article, the flexible development
procedure is defined as applying to:
A.
Land under single ownership, planned and developed
as a whole;
B.
In a single development operation or a programmed
series of development operations including all lands and buildings;
C.
Dwellings and related subordinate facilities;
D.
Comprehensive and detailed plans which include not
only streets, utilities, lots or building sites, and the like, but
also site plans, site analyses, floor plans and elevations for all
buildings as intended to be located, constructed, used and related
to each other, detailed plans for other uses and improvements on the
land as related to the buildings, lighting, landscaping; and
E.
A program for provision, operation and maintenance
of such areas, improvements, and facilities as will be for common
use by some or all of the occupants of the development, but will not
be provided, operated or maintained at general public expense unless
acceptable to or found necessary by the Board of Supervisors.
A.
Where approved by the Board of Supervisors as a conditional
use, the flexible development procedure may be applied in the A/C
Agricultural/Cluster Residential District and the R-1 Residential
District where tracts suitable in location and character for the proposed
development are to be developed under a unified plan, in accordance
with the requirements and procedures set forth herein. In consideration
of conditional use approval, the Board of Supervisors shall determine
the reasonableness of the increase in density potentially authorized
under this section, in the context of the physical characteristics
of the site, and in the context of justification of increased density
through provision for additional public and/or private amenities and/or
through increased efficiency in public services.
[Amended 3-3-2003 by Ord. No. 2003-2]
B.
Unified tract(s) of land for flexible development may be of any size. Flexible development on tract(s) containing less than 10 acres shall be permitted to include only residential uses consisting of single-family detached dwellings and shall not be eligible for bonus density as otherwise provided in § 170-904A(2) herein.
[Amended 3-3-2003 by Ord. No. 2003-2]
C.
Flexible development shall be appropriately located
with respect to the general pattern of community development, existing
or proposed, and to public and private facilities and services, existing
or clearly to be available by the time development reaches the stage
where they will be required. The following specific requirements shall
be met:
(1)
Flexible development shall be so located with
respect to major streets and highways or other transportation facilities
as to provide direct access to such developments without creating
traffic along minor streets in residential neighborhoods outside such
developments.
(2)
The site shall be suitable for development in
the manner proposed without hazards to persons or property, on or
off the site, from probability of flooding, erosion, subsidence or
slipping of the soil, or other dangers, annoyances, or inconveniences.
Condition of soil, groundwater level, drainage and topography shall
be appropriate to both kind and pattern of use intended.
(3)
Each area of land to be developed pursuant to
this article shall be in one ownership, except that an area made up
of two or more parcels in separate ownership may be so developed provided
that all applications made under this article with respect to any
portion of the area shall be the joint application of all of the landowners.
If an area is developed with two or more parcels, all parcels shall
be contiguous to each other. In the event of development of two or
more parcels under one application, the owners shall present a written
agreement which agreement shall have been recorded and shall run with
the land, that the development will be in accordance with a single
plan with common authority and common responsibility.
D.
The location and conformity of the area shall be such
that the flexible development thereof pursuant to this article would
be consistent with the Westtown Township Comprehensive Plan.
[Amended 3-3-2003 by Ord. No. 2003-2]
The uses permitted in a flexible development
shall be subject to conditional use approval and shall be limited
to:
A.
Single-family detached dwellings.
B.
Twin dwellings.
C.
Multifamily dwellings, including four-family dwellings
and townhouse or single-family attached dwellings, but excluding apartment
dwellings in the R-1 District. In the A/C District, apartment dwellings
shall be permitted where located not less than 200 feet from any existing
public road or highway bordering the tract subject to flexible development
and not less than 100 feet from the boundary of any adjacent lot or
tract whereupon any single-family detached dwelling exists.
[Amended 9-15-2008 by Ord. No. 2008-1]
D.
Agricultural use, in accordance with the provisions of § 170-1609 of this chapter. A principal dwelling may be permitted on the same premises as a principal agricultural use.
F.
Open space and/or noncommercial recreational uses
deemed appropriate by the Board of Supervisors for incorporation into
the design of the development.
G.
Building, structures, and/or uses owned or operated
by Westtown Township.
H.
If a flexible development meets the age restrictions
for residents that apply to an adult community development, the flexible
development also may include the following uses:
I.
Uses customarily accessory to permitted residential,
agricultural and open space uses. As a condition of approval, the
Board may specifically limit accessory uses potentially available
to dwellings other than single-family detached dwellings and may require
the applicant for flexible development to establish appropriate restrictions
and/or covenants.
[Amended 12-5-1994 by Ord. No. 94-6; 5-1-1995 by Ord. No.
95-2; 3-3-2003 by Ord. No. 2003-2]
The following standards shall govern the density
of dwelling units on the land in flexible development:
A.
Permitted base density and potential bonus density.
(1)
Base density. In a flexible development, subject to compliance with all applicable standards, criteria and requirements herein, and as a condition of conditional use approval, the Board of Supervisors may approve a plan that provides for a greater number of dwelling units per acre than would be permitted by the Township zoning regulations otherwise applicable to the subject tract(s). Except where bonus density is permitted subject to the provisions of § 170-904A(2) below, the maximum density computed over the entire flexible development shall not exceed 1.1 dwelling units per acre of tract area, calculated in accordance with the provisions of § 170-1519B of this chapter. In calculating density, including bonus density where applicable, fractions shall be rounded to the next lower whole number.
(2)
Bonus density. The maximum density established in accordance with § 170-904A(1) above may be further increased, where approved by the Board of Supervisors subject to conditional use approval, and in accordance with the standards herein. Bonus density for any purpose shall be added to the base density, calculated in dwelling units per acre. Bonus density shall not be construed as a multiplier to be applied to the base density calculation. Any use of bonus density shall be subject to compliance with the performance standards of § 170-904A(3). In no case shall the maximum total density exceed 1.5 dwelling units per acre of tract area, notwithstanding the ability of the applicant to potentially justify further density increase based on provisions in § 170-904A(2)(a) and/or (b) below:
(a)
For every 5% of the gross area of the tract that is permanently preserved as common open space above the minimum established under § 170-904C below and meeting the criteria of § 170-904A(3), the maximum density may be increased by 0.075 dwelling units per acre. For example, if 50% of the gross area of a tract in the R-1 District proposed to be developed for single-family detached dwellings is provided as common open space, representing an addition of two increments of 5% each (40 + 5 + 5), then the maximum density may be increased to 1.25 dwelling units per acre (1.1 + 0.075 + 0.075).
(b)
In addition, a maximum density bonus of up to
0.3 dwelling units per acre above the density that would otherwise
be permitted shall be approved if the applicant proves to the satisfaction
of the Board of Supervisors that the applicant will complete or fund
substantial public improvements to mitigate one or more significant
off-site impacts of the development.
[1]
Substantial public improvements shall be limited to improvements to public streets, public recreation and open space, public water supply systems, public sanitary sewage systems, and public stormwater management systems which are identified by the Township at the time of the conditional use approval process and which will significantly reduce the need for public expenditures to resolve a clear public need. In consideration of potential substantial public improvements, the Township shall give preference to such improvements as clearly benefit the neighborhood(s) most immediately affected by the proposed flexible development. Provision of additional open space resulting in the approval of bonus density under § 170-904A(2)(a) above shall not also be considered a substantial public improvement.
[2]
No density bonus shall be granted for any improvement(s)
that an applicant for a development would otherwise be required to
complete or fund under a Township, Township Authority, state or federal
requirement. For example, in the case of public street improvements,
no density bonus shall be granted for improvements to a segment of
an existing street immediately adjacent to the applicant's property
where such improvements would otherwise be required by the Township
and/or the Pennsylvania Department of Transportation.
[3]
At the time of conditional use application,
the applicant shall identify the specific proposed substantial public
improvement(s) for which bonus density is requested and shall indicate
the anticipated cost(s) of completing proposed substantial public
improvement(s).
[Amended 9-15-2008 by Ord. No. 2008-1]
[4]
The amount of density bonus granted for any substantial public improvement(s) shall not exceed the maximum incremental density increase calculated as set forth in § 170-904A(2)(b) above and shall be established by the Board of Supervisors as a condition of approval based on a preponderance of evidence as follows: Bonus density, measured in an incremental increase in dwelling units, shall be determined by roughly equating the incremental cost to the developer of providing substantial public improvement(s), with a reasonable value to the developer for the increase in unit count.
[Amended 9-15-2008 by Ord. No. 2008-1]
[5]
Commitment to complete or fund any substantial
public improvement(s) shall be in a legally binding form acceptable
to the Township Solicitor.
(c)
Special bonus density for historic preservation. In addition to the maximum total permitted density, including bonus density as provided in § 170-904A(2)(a) and (b) above, and not subject to the overall density cap of 1.5 dwelling units per acre, additional dwelling units may be approved as follows:
[Added 9-15-2008 by Ord. No. 2008-1]
[1]
Bonus dwelling units for preservation of historic
sites and landscapes. One additional dwelling unit may be provided
for each two acres comprising a lot (or open space parcel) which contains
any Township-, state- or federally designated historic site or historic
building or any historic site or building included or eligible for
inclusion in the Chester County Historic Sites Survey and where such
acreage otherwise meets all applicable criteria for open space. The
use of this bonus shall be limited to no more than four bonus dwelling
units for each distinct historic landscape preserved and shall be
subject to the following criteria:
[a]
The Township shall approve the
configuration of the lot and/or restricted open space created to accommodate
preservation of the historic landscape, which shall include, at a
minimum, those portions of the property that contain outbuildings
or ruins associated with the historical use of the principal historic
building(s) and/or those areas of greatest public visibility.
[b]
In order to be eligible for this
bonus, the historical setting, including all acreage used to calculate
bonus dwelling units, and the principal facades of any historical
structures shall be preserved through establishment of a conservation
easement acceptable to the Township. Such easement shall be recorded
prior to or simultaneously with the recording of approved land development
plans and prior to issuance of building permits, as applicable, for
any situation where this bonus shall be utilized.
[c]
Land(s) utilized for calculation
of this bonus also may be counted toward the calculation of required
or bonus open space, where applicable open space, criteria are met.
[2]
Additional bonus dwelling units for historic restoration/rehabilitation. Where preservation of historic sites, as provided in § 170-904A(2)(c)[1] above, includes restoration or rehabilitation of historic structures approved by the Township, one additional dwelling unit may be provided for each 2,000 square feet, or portion thereof exceeding 1,000 square feet, of habitable floor area on all floor levels in the historic sections of such structures, subject to the following requirements:
[a]
Eligible structures shall have
been used historically as principal residential or agricultural structures
or structures accessory to a principal residential use and shall be
included or be eligible for inclusion as part of a Township-, state-
or federally designated historic site or shall be included in the
Chester County Historic Sites Survey;
[b]
For the purposes of this section,
measurement of habitable floor area may include previously nonhabitable
space converted or to be converted to habitable floor area as a result
of rehabilitation (e.g., barn space converted into habitable floor
area);
[c]
The applicant shall demonstrate
to the satisfaction of the Township, submitting copies of appropriate
plans and other documentation as necessary, that such structures have
been or shall be restored and/or rehabilitated in accordance with
plans prepared by a qualified restoration architect and in general
compliance with the Secretary of the Interior's Standards for Rehabilitation
of Historic Structures;
[d]
All principal facades of eligible
historic structures shall be preserved through establishment of conservation
easement(s) acceptable to the Township;
[e]
This bonus shall not apply if the
integrity and scale of eligible historic structures have been or will
be altered by additions that overwhelm their historic integrity due
to the size of such addition(s) or to the use of modern or inappropriately
scaled or proportioned materials, including exterior skins, windows,
doors, chimneys, porches, and other features.
[3]
Limitation to use of historic preservation bonus.
No historic preservation bonus shall be applicable if the owner or
developer of the subject property shall, or has within three years
of the development application period or during actual development,
and without the express approval of the Township, destroyed or demolished
any historic site or historic building identified on the Chester County
Historic Sites Survey or other relevant study on file with the Township.
(3)
Performance standards for use of bonus density. In addition to all other applicable standards of this chapter, conditional use approval for any flexible development utilizing bonus density in accordance with § 170-904A(2) shall be subject to compliance with the following standards and criteria unless modified at the discretion of the Board of Supervisors; the applicant shall submit plan(s), narrative and graphic material(s) as necessary to adequately demonstrate compliance with these standards:
(a)
Open space. In addition to compliance with all other applicable criteria herein, and in particular the standards of § 170-907, the following additional standards shall be applied to open space within any flexible development utilizing bonus density:
[1]
All open space used toward calculation of compliance
with minimum open space requirements shall comply with all applicable
standards separately from any additional open space that is utilized
toward calculation of bonus density.
[2]
All open space used incrementally toward calculation of bonus density as provided in § 170-904A(2)(a) shall, in addition to full compliance with all other applicable standards herein, fully exclude from calculation of open space area any existing or proposed impervious surfaces, stormwater management facilities, wetlands, water bodies, watercourses, prohibitive slope (including created slopes exceeding 25%), and any lands subject to floodplain regulations.
[Amended 9-5-2017 by Ord.
No. 2017-3]
(b)
Scenic views.
[1]
Historical landscapes and scenic views within
or across any tract subject to flexible development shall be protected
to the greatest extent practicable.
[2]
Introduced landscaping, utilizing predominantly
native vegetation and replicating landscape features characteristic
to Westtown and its environs, shall be used to mitigate scenic impacts
of development from public roads and neighboring residential properties
where such views shall be altered by proposed development, grading,
or other improvements necessary to accommodate proposed development.
For purposes of this subsection, mitigation shall not require a complete
visual screen, where the Township agrees that a filtered or diffuse
screen is augmented by other landscaping or site conditions to deflect
prominent lines of sight from development impacts or otherwise minimize
the visual impacts of development.
(c)
Stormwater management.
[1]
Stormwater management facilities shall be designed
to optimize the capture of stormwater at the sources of generation,
maximize recharge to the subsurface groundwater system and minimize
discharge to surface water flow. Guidance for stormwater management
shall use the most current best management practices such as those
promulgated by the Pennsylvania Department of Environmental Protection.
[2]
Collectively, in addition to compliance with the design criteria for stormwater management set forth in Chapter 149 of the Code of the Township of Westtown, the design of stormwater management facilities across the tract subject to flexible development shall result in groundwater infiltration of stormwater equal in volume to the incremental increase of the two-year storm, predevelompent to postdevelopment. For purposes of calculating the predevelopment volume of the two-year storm, predevelopment land cover conditions shall be assumed to be woodland-good for any area predominantly under cover of trees and meadow-good for any other area, regardless of actual cover conditions. The applicant shall be required to submit soil percolation test results and other credible evidence including a maintenance program satisfactory to demonstrate long-term feasibility of required groundwater infiltration. Where groundwater infiltration of the full incremental volume of the two-year storm is not practicable, the Township may require employment of other means to mitigate potential groundwater impacts.
B.
The amount of acreage contained within the tract area, for purposes of calculating maximum density within a flexible development, shall be determined in accordance with the provisions of § 170-1519A of this chapter.
C.
The following percentages of the gross area of the
tract shall be set aside as common open space for the use and benefit
of the residents of the development and/or Township:
(1)
A/C Agricultural/Cluster Residential District:
60%.
[Amended 9-15-2008 by Ord. No. 2008-1]
(2)
R-1 Rural-Suburban Residential District, where
single-family detached dwellings are provided: 40%.
(3)
R-1 Rural-Suburban Residential District, where
twin dwellings are provided: 50%.
(4)
R-1 Rural-Suburban Residential District, where permitted multifamily dwellings are provided: 60%. Where more than one dwelling unit type is provided in the R-1 District, the minimum open space shall be calculated proportionally to the relative proportion of each unit type, as provided in Subsection C(3), (4) and/or (5) above. Additional open space also may be required as a condition of approval of applicable bonus densities.
D.
A developer may construct flexible development in
stages if the following criteria are met:
(1)
The application for conditional use approval
covers the entire flexible development and shows the location and
approximate time of construction for each stage, in addition to other
information required by this chapter.
(2)
At least 15% of the dwelling units in the plan
given conditional use approval are included in each stage, unless
otherwise approved by the Board of Supervisors.
(3)
The second and subsequent stages are completed
consistent with the plans accompanying conditional use application
and are of such size and location, including a sufficient degree of
completion of the road network and other infrastructure, that they
constitute economically sound units of development.
(4)
Each stage shall include common open space in
amounts and at locations deemed acceptable by the Board to meet, at
minimum, the open space needs generated by that stage and to assure
protection of the sensitive features of the tract.
(5)
In the case of a flexible development proposed
to be developed over a period of years, a variation in each stage
to be developed from the density of use established for the entire
flexible development may be permitted. A greater concentration of
density of land use within one or more stages of development may be
allowed, whether it be earlier or later in the development than others,
provided that final approval shall not be given to any stage if the
residential density of the area which includes stages already finally
approved and the stage for which final approval is being sought exceeds
by more than 20% the residential density allowed for the entire flexible
development in the tentatively approved plan. In no case shall a flexible
development be developed over a period greater than three years, unless
an extension is approved by the Board of Supervisors.
E.
The following standards apply to the housing sites
within the flexible development:
(1)
Single-family detached dwellings, twin dwellings
and permitted multifamily dwellings may be arranged so as to provide
for individual lots for each unit, or may be arranged as rental units
or condominiums. Sufficient yard areas shall be set aside and designated
on the plan for each type of housing, so that on an average throughout
the development:
(a)
The maximum net residential density for permitted
multifamily areas shall not exceed 10 dwelling units per acre of tract
area designated for such use.
(b)
The maximum net residential density for twin
dwelling units shall not exceed six dwelling units per acre of tract
area designated for such use.
(c)
The maximum net residential density for single-family
detached housing areas shall not exceed four units per acre of tract
area designated for such use.
(d)
The acreage set aside for common open space
rights-of-way of public streets shall not be used for computation
of net residential density for any residential use.
(2)
Permitted multifamily dwellings shall be designed
and constructed in accordance with the following standards:
(a)
Maximum dimensions. No row of townhouses or
single structure containing single-family attached dwellings shall
exceed 120 feet in any dimension, nor shall exceed five dwellings
in a single structure or continuous row. No other structure containing
permitted multifamily dwellings shall exceed 100 feet in any dimension.
(b)
All buildings within an integrated townhouse
development shall be set back from the right-of-way line of any street
the development abuts a distance of not less than 100 feet.
(c)
Maximum impervious coverage. Not more than 45%
of the gross area of the tract shall be covered by impervious surfaces.
(d)
Design standards.
[1]
Streets within an integrated townhouse development shall be designed in accordance with the terms of Chapter 149, Subdivision and Land Development; provisions for the maintenance of any private streets shall be an essential part of the plan for development. The Township may, but is not required to, accept dedication of the streets within the integrated townhouse development for public use. It may require the posting of security in an amount and form satisfactory to it for the construction of such streets, as set forth in Chapter 149, Subdivision and Land Development.
[2]
Parking requirements.
[a]
Except where part of a shared parking arrangement authorized under the terms of Article XVII, all required off-street parking shall be developed within the boundaries of the townhouse development tract.
[b]
Parking for each dwelling unit
shall be provided either at the rear of the unit or shall be grouped
into one or more parking areas serving a number of dwelling units.
Individual curb cuts shall be permitted only for access to garages
contained in units. Other front yard parking and individual curb cuts
at the street line for access to parking shall be discouraged.
[c]
Provisions for pedestrian circulation
paths from the parking lot(s) to the buildings shall be provided.
These paths shall be constructed of an all-weather surface.
[d]
No parking space shall be more
than 250 feet from an entrance to the building it serves.
[6]
Access and traffic control. Routes for vehicular and pedestrian access and parking shall be designed and situated so as to create no nuisances or detractions from privacy. Design of the site shall comply further with the standards in §§ 170-1510, 170-1511, 170-1512, and 170-1513 of this chapter. Townhouse structures shall be arranged so as to reduce the amount of roads required to serve the development and to provide for an adequate open space design.
(3)
The developer shall make adequate provision for the maintenance of buildings and land within yard areas set aside for condominium development by the organization of a condominium corporation with the responsibility for collection of sufficient levies or fees to pay the cost of such maintenance. Such maintenance may be conducted in conjunction with the requirements of § 170-908, where a condominium corporation owns and maintains common open space. Any such terms and provisions shall be consistent with the requirements of the Uniform Condominium Act of 1980.[1]
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101
et seq.
(4)
All housing shall be designed with regard to topography and natural features of the site in conjunction with the requirements of § 170-905A. The effects of prevailing winds, seasonal temperatures, and hours of sunlight on the physical layout and form of the proposed land use and buildings shall be taken into account.
(5)
To create architectural interest in the layout
and character of housing fronting streets, variations in building
line shall be encouraged.
(6)
All housing should be sited so as to provide
privacy and to ensure natural light in all principal rooms.
(7)
Building height shall be limited to three stories
not to exceed 38 feet.
(8)
Routes for vehicular and pedestrian access and
parking areas shall be convenient without creating nuisances or detracting
from privacy.
(9)
The approximate location and arrangement of
buildings and open spaces must be shown on tentative plans so that
the Board may review the intensity of land use and serve the public
interest by protecting neighboring land uses.
(10)
The following requirements shall apply:
(a)
No structure shall be within 30 feet of the
curb of access roads.
(b)
No single-family detached dwelling or twin dwelling
may be erected within 30 feet of any other structure.
(c)
The distance between buildings containing multi-family dwellings shall be determined in accordance with the requirements of § 170-802B(7).
(d)
At its sole discretion, and for purposes of promoting innovative and preferred design of dwellings and structures, the Board may vary the terms of this § 170-904E(10) where deemed appropriate.
(11)
Single-family detached dwellings, and uses accessory thereto, shall be a minimum of 50 feet, and all other structures shall be a minimum of 100 feet, from the property lines of the tract. Where proposed structures other than single-family detached dwellings will abut tracts containing similar uses, this distance may be reduced to 50 feet. Landscaping shall be required in these boundaries, regardless of the use being proposed. In cases where a one-hundred-foot setback from the tract boundary is required, including where twin dwellings are provided, at least 50 feet shall be a planted buffer conforming to the requirements of § 170-1508 and containing no paving.
(12)
Where permitted, apartment dwellings shall comply with the minimum floor area provisions set forth in § 170-802B(3).
[Added 9-15-2008 by Ord. No. 2008-1]
A.
Conservation design. Any flexible development shall comply with the provisions of § 170-1617. In addition, the natural features protection standards contained in Article IV of this chapter shall be applicable to any flexible development and to any lot created within a flexible development.
[Amended 3-3-2003 by Ord. No. 2003-2]
(1)
Site analysis. As part of application for conditional use approval of any flexible development, the applicant shall prepare and submit to the Township a site analysis which identifies the items listed below and which complies with applicable requirements of § 170-1617, Conservation design.
(a)
Degree of slope, in the following ranges: less
than 15%, as measured at two-foot contour intervals; 15%-25% and greater
than 25%, as measured at five-foot contour intervals.
(b)
Areas subject to floodplain regulations, including
floodway, flood-fringe, and approximated floodplain areas, as delineated
by the Flood Insurance Study for Westtown Township prepared by the
U.S. Department of Housing and Urban Development and the Federal Insurance
Administration.
[Amended 9-5-2017 by Ord.
No. 2017-3]
(c)
Water bodies and watercourses, both perennial
and seasonal.
(d)
Drainage basin and subbasins.
(e)
Wetlands, as defined by this chapter.
(f)
Generalized soil types as designated in the
Soil Survey of Chester and Delaware Counties (USDA, 1963).
(g)
Generalized geological characteristics, including
rock formation type(s).
(h)
Existing vegetation, denoted as to type, including
tree masses, treelines, and hedgerows; individual freestanding trees
over six inches dbh; wetland vegetation; meadow, pasture, or cropland;
orchard; cultivated and ornamental garden areas; etc.
(i)
Existing structures and other improvements.
(j)
Historic resources, including structures, ruins,
sites, traces, and relationship to the bounds of any National Register
historic district.
(k)
Existing paths and trails.
(l)
Scenic views.
(m)
All lands visible from any adjacent public road.
Visibility shall be measured as viewed from a height of four feet
above the surface of the road looking in any direction or angle across
the subject property, and shall be based on winter conditions (whether
actual or estimated at the time of inventory) when existing vegetation
offers the least obstruction of view. Areas predominantly obscured
from view may be excluded from inventory of visible lands subject
to Township approval.
(2)
Finished topography: The finished topography
of the site shall adequately facilitate the proposed development without
excessive earthmoving, tree clearance, or destruction of natural amenities.
Natural features such as lakes, streams, and wooded slopes shall be
preserved and incorporated into the final landscaping of the development
wherever possible and desirable. The applicant shall demonstrate the
means whereby trees and other natural features shall be protected
during construction.
(3)
Stormwater management: The applicant shall submit a proposed stormwater management plan, to be approved by the Township Engineer in accordance with Chapter 149, Subdivision and Land Development. In addition, the Board may require the submission of a study of the off-site and overall groundwater impacts of the proposed stormwater management system.
B.
Streets and parking.
(1)
Streets: Streets within a flexible development shall be related to land use and to adjacent street systems, and shall be designated as secondary traffic street (arterial), collector street, or local street depending upon its function. Streets shall be designed in accordance with the terms of Chapter 149, Subdivision and Land Development; provision for the maintenance of such streets shall be an essential part of the plan for the development.
E.
Lighting: As required by § 170-1514. In particular, adequate lighting must be provided to the outdoor areas used by residents after dark. Appropriate lighting fixtures must be provided for walkways and to identify streets, steps, ramps, directional changes, and signs. Lighting shall be located to avoid shining directly into habitable room windows of dwelling units within the development, or into private yard areas associated with dwelling units. The requirements for lighting may be waived by the Board where density of development may not justify its use.
F.
Landscaping: Landscaping shall be regarded as an essential feature of every flexible development. In addition to maximum preservation of the existing vegetation of the site, careful attention shall be given to landscaping of parking areas and provisions of street trees as required by this chapter, specifically § 170-1507, and Chapter 149, Subdivision and Land Development.
H.
All utility lines shall be placed underground. As-built
plans for all utilities shall be submitted to the Township.
I.
Supplementary project facilities:
(1)
Swimming pools, skating rinks, and other recreational
areas shall be located so as not to interfere with the residential
character of adjacent dwelling units.
(2)
Refuse stations must be designed with suitable
screening, must be surrounded by a masonry enclosure on three sides,
placed in locations convenient for collection and removal, and not
be offensive to the occupants of adjacent dwelling units.
[Amended 3-3-2003 by Ord. No. 2003-2]
A.
The flexible development procedure may be applied
where approved by the Board of Supervisors as a conditional use. The
prospective developer is strongly encouraged to submit a sketch plan
to the Township for informal discussion prior to the submission of
tentative and final development plans. The Board of Supervisors shall
refer all plans for such developments to the Township Planning Commission
and the Chester County Planning Commission for review and comment.
B.
The Planning Commission shall act as the principal agent for the Board in reviewing and commenting on proposals for flexible development. As such, it shall receive and review the plans and documents, particularly with reference to the criteria for location and design as contained in §§ 170-902, 170-904, and 170-905 of this chapter. In addition, the Planning Commission shall evaluate the consistency of the proposed development with the Westtown Township Comprehensive Plan, and other matters required for consideration by the Board in § 170-2009 of this chapter.
C.
The Planning Commission may, in reviewing a flexible
development, meet with the prospective developer and advise him/her
of changes required to comply with the terms and spirit of this chapter.
The Planning Commission shall report to the Board, in writing, regarding
its findings and recommendations not less than five days prior to
the public hearing scheduled for consideration of the conditional
use application.
D.
In consideration of conditional use approval, the
Township may require the applicant to submit a development impact
study which considers the impact of the proposed flexible development
on:
(1)
Natural and cultural resources, including all items identified in the site analysis submitted in accordance with § 170-905A(1);
(2)
Traffic volume and safety; and
(3)
The provision of municipal services and the
burden on taxpayers in making provision thereof, including, but not
limited to, sewers, water, fire safety and police.
[Amended 9-15-2008 by Ord. No. 2008-1]
A.
Use and design standards.
[Amended 3-3-2003 by Ord. No. 2003-2]
(1)
The open space shall be laid out to the satisfaction
of the Board in accordance with the best principles of site design,
and shall be consistent with the intent of the Township's Comprehensive
Plan and Parks, Recreation and Open Space Plan.
(2)
Within the required acreage of open space, or
elsewhere on the tract, an area equivalent to at least 10% of the
net tract acreage shall be suitable and available to serve the particular
recreational needs of the residents of the development. The Board
may require that all, or a portion of, this recreational area be suitable
for active recreation, and may further require that such area be prepared
and developed for such purposes.
(3)
Where applicable or deemed appropriate or contained in the Township's Comprehensive Plan or Parks, Recreation and Open Space Plan, provision for pedestrian trails for public and/or private use shall be provided. This provision need not be in addition to the 10% requirement of Subsection A(2) above unless the Board determines that the entire 10% minimum must be designated for active recreation.
(4)
Where ownership of portions of the required open space is retained by the original owner of the tract or by the developer, use of the area may be consistent with the uses described in Subsection A(5) below and may include the following:
(5)
The plan shall designate the use of common open
space, the type of maintenance to be provided, and a planting plan
or schedule. In designating use and maintenance, the following classes
may be used:
(a)
Lawn. A grass area with or without trees which
may be used by the residents for a variety of purposes and which shall
be mowed regularly to insure a neat and tidy appearance.
(b)
Natural area. An area of natural vegetation
undisturbed during construction, or replanting. Meadows shall be maintained
as such. Maintenance may be minimal but shall prevent the proliferation
of undesirable plants. Litter, dead trees, and brush shall be removed
and streams kept in free-flowing condition.
(c)
Recreation area. An area designated for a specific
recreational use, including by way of example tennis, swimming, playfields,
and totlots. Such areas shall be located and maintained in such manner
as not to create a hazard or nuisance and shall perpetuate the proposed
use.
(d)
Crop land or pasture; cultivation of nursery
stock or orchard trees. Under the flexible development procedure,
existing dwellings and farm-related buildings shall be permitted in
the open space set-aside provided the open space is retained for agricultural
purposes.
(e)
Areas used for subsurface infiltration or land
application (irrigation) of stormwater and/or treated wastewater.
Open storage or settling ponds may be included where accessory to
infiltration facilities. All other stormwater and wastewater facilities
may be physically located in open space areas but shall be excluded
from measurement of the minimum required open space.
(6)
At least 50% of the minimum required common
open space area shall be located outside floodplain areas, wetland
areas, and areas of greater than twenty-five-percent slope.
[Amended 9-15-2008 by Ord. No. 2008-1]
(7)
The following design standards, as deemed appropriate
by the Board, shall apply to areas of common open space. Such areas
shall be:
(a)
Not less than 75 feet in width at any point
and not less than 1/2 acre of contiguous area.
(b)
Interconnected with common open space areas
on abutting parcels wherever possible, including provisions for pedestrian
pathways for general public use to create linked pathway systems within
the Township;
(c)
Provided with sufficient perimeter parking when
necessary, and with safe and convenient access from adjoining public
road frontage or other rights-of-way or easements capable of accommodating
pedestrian, bicycle, and maintenance and vehicle traffic, and containing
appropriate access improvements. Areas required for parking may be
included in calculating the minimum acreage required for open space;
(d)
Undivided by any crossings of public or private
roads, except where necessary for proper traffic circulation, and
then only upon recommendation of the Township Engineer and Planning
Commission;
(e)
Free of all structures, except those related
to outdoor recreational use or as otherwise provided herein;
(f)
Suitably landscaped by retaining existing natural
cover and wooded areas and/or by a landscaping plan which is consistent
with the purposes of this article and which minimizes maintenance
costs; and
(g)
Made subject to such agreement with the Township
and such deed restrictions, duly recorded in the office of the Chester
County Recorder of Deeds, as may be required by the Board of Supervisors
for the purpose of preserving the common open space for such use.
B.
Ownership and maintenance standards.
(1)
Ownership of a portion of the open space may
be retained by the developer and/or the original owner of the development
tract, provided that the open space and recreational needs of the
residents are adequately met by that portion not retained. The developer
and/or original owner of the tract shall make this determination;
however, the Board, at its discretion, may require that the developer
and/or original owner of the tract put aside more open space for the
use of the residents if, in its opinion, the amount set aside by the
developer and/or original landowner is not sufficient.
(2)
The following standards shall apply to that
portion of open space (common open space) not retained by the developer
and/or original owner:
(a)
Ownership. Any of the following methods may
be used, either individually or together, to preserve, own, and maintain
common open space: condominium, homeowners' association, dedication
in fee simple, dedication of easements, and transfer of fee simple
title and easements to a private conservation organization. Such land
shall not be eligible for transfer to another party except for transfer
to another method of ownership permitted under this section, and then
only where there is no change in the open space ratio. The following
specific requirements are associated with each of the various methods:
[1]
Homeowners' association. The common open space may be held in common ownership by a homeowners' association. This method shall be subject to all of the provisions for homeowners' associations set forth in Subsection B(2)(b) below, and the homeowners' association agreement shall be recorded.
[2]
Fee simple dedication. The Township may, but
shall not be required to, accept any portion or portions of the common
open space, provided such land is accessible to the residents of the
Township, there is no cost of acquisition (other than any costs incidental
to the transfer of ownership, such as title insurance), and the Township
agrees to and has access to maintain such lands. As a condition of
approval of any flexible development, the Board of Supervisors may
require that a maximum of 20% of the required common open space be
dedicated to the Township for recreational purposes.
[Amended 3-3-2003 by Ord. No. 2003-2]
[3]
Transfer to a private conservation organization.
With permission of the Township, an owner may transfer either the
fee simple title, with appropriate deed restrictions running in favor
of the Township, or a conservation easement to a private nonprofit
organization, among whose purposes is to conserve open space land
and/or natural resources, provided the organization is acceptable
to the Township is a bona fide conservation organization with perpetual
existence; the conveyance contains appropriate provision for proper
reverter or retransfer in event that the organization becomes unwilling
or unable to continue carrying out its functions; and a maintenance
agreement acceptable to the Township is reached.
[4]
Dedication of easements. The Township may, but
shall not be required to, accept easements for public use of any portion
or portions of open space land, title to which is to remain in ownership
by condominium or homeowners' association, provided that such land
is accessible to the residents of the Township; there is no cost of
acquisition (other than any costs incidental to the transfer of ownership,
such as title insurance); and a maintenance agreement acceptable to
the Township is reached.
[5]
Condominium. The common open space may be controlled
through the use of condominium agreements. Such agreements shall be
in conformance with the Uniform Condominium Act of 1980 (68 Pa.C.S.A.
§ 3107 et seq.). All such common open space land shall be
held as "common element."
(b)
Maintenance.
[1]
In the event that the organization established
to own and maintain common open space, or any successor organization,
shall at any time after establishment of the development fail to maintain
the common open space in reasonable order and condition in accordance
with the development plan, the Township may serve written notice upon
such organization or upon the residents and owners of the development,
setting forth the manner in which the organization has failed to maintain
the common open space in reasonable condition, and said notice shall
include a demand that such deficiencies of maintenance be cured within
30 days thereof, and shall state the date and place of a hearing thereon
which shall be held within 14 days of the notice. At such hearing
the Township may modify the terms of the original notice as to the
deficiencies and may give an extension of time within which they shall
be corrected. If the deficiencies set forth in the original notice
or in the modifications thereof shall not be corrected within said
30 days or any extension thereof, the Township, in order to preserve
the taxable values of the properties within the development and to
prevent the common open space from becoming a public nuisance, may,
in its discretion, enter upon said common open space and maintain
the same for a period of one year. Said entry and maintenance shall
not constitute a taking of said common open space, and shall not vest
in the public any rights to use the common open space except when
the same is voluntarily dedicated to the public by the residents and
owners and such dedication is acceptable to the Township. Before the
expiration of said year, the Township shall, upon its initiative or
upon the request of the organization theretofore responsible for the
maintenance of the common open space, call a public hearing upon notice
to such organization, or to the residents and owners of the development,
to be held by the Township, at which hearing such organization or
the residents and owners of the development shall show cause why such
maintenance by the Township shall not, at the election of the Township,
continue for a succeeding year. If the Township shall determine that
such organization is ready and able to maintain said common open space
in reasonable condition, the Township shall cease to maintain said
common open space at the end of said year. If the Township shall determine
such organization is not ready and able to maintain said common open
space in a reasonable condition, the Township may, in its discretion,
continue to maintain said common open space during the next succeeding
year and, subject to a similar hearing and determination, in each
year thereafter. The decision of the Township in any case shall constitute
a final administrative decision subject to judicial review.
[2]
The cost of such maintenance and enforcement
proceedings by the Township shall be assessed ratably against the
properties within the development that have a right of enjoyment of
the common open space and shall become a lien on said properties.
Said assessments or charges shall be subordinate in lien to the lien
of any prior mortgage or mortgages on the property which is subject
to such assessments or charges. The Township, at the time of entering
upon such said common open space for the purpose of maintenance, shall
file notice of such lien, in the office of the Prothonotary of Chester
County, upon the properties affected by such lien within the development.
[3]
Included in any terms of ownership shall be
protection of the open space against development in perpetuity by
means of a conservation easement prohibiting development. The required
easement shall be conveyed either to the Township directly (in which
case the development's property owners shall be named as third party
beneficiary) or to a conservation organization acceptable to the Board
(in which case the Township and property owners of the development
shall be named as third party beneficiaries).
[Amended 12-5-1994 by Ord. No. 94-6]
If a homeowners' association is formed, it shall
be governed according to the following regulations:
A.
The developer shall provide to the Township a description
of the organization, including its bylaws and documents governing
common open space maintenance and use restrictions.
B.
The organization shall be established by the developers
and shall be operating (with financial subsidization by the developers,
if necessary) before the sale of any lots within the development.
C.
Membership in the organization is mandatory for all
purchasers of homes therein and their successors.
D.
The organization shall be responsible for maintenance
of and insurance on common open space. The organization shall be responsible
for real estate taxes on common open space only where the following
preferred alternative is not utilized: The developer of any cluster
development proposed to contain any area(s) of common open space may
arrange with the County Board of Assessment a method of assessment
of the open space which will allocate to each tax parcel in the cluster
development a share of the total assessment for such open space. Where
this alternative is to be utilized, the method of allocation shall
be approved by the Board of Supervisors.
E.
The members of the organization shall share equitably
the costs of maintaining and developing common open space, in accordance
with the procedures established by them.
F.
In the event of any proposed transfer of common open
space land by the homeowners' association or of the assumption of
maintenance of common open space land by the Township as hereinafter
provided, notice of such action shall be given to all property owners
within the cluster development by the homeowners' association.
G.
The organization shall have or hire adequate staff,
as necessary, to administer common facilities and maintain common
open space.
H.
Lease agreement.
(1)
The homeowners' association may lease back open
space lands to the developer, his heirs or assigns, or to any other
person or corporation qualified to manage open space for operation
and maintenance of open space lands, but such a lease agreement shall
provide:
(a)
That the residents of the cluster development
shall at all times have access to the open space lands contained herein;
(b)
That the common open space to be leased shall
be maintained only for the purposes set forth in this chapter; and
(c)
That the operation of open space facilities
may be for the benefit of the residents of the cluster development
only or may be open to the residents of the Township.
(2)
The lease shall be subject to the approval of
the Township, as shall any transfer or assignment of the lease. Lease
agreements so entered upon shall be recorded with the Recorder of
Deeds of Chester County within 30 days of their execution and a copy
of the recorded lease shall be filed with the Township.
[1]
Editor's Note: Former § 170-909
through § 170-915 were repealed 3-3-2003 by Ord. No. 2003-2.
