[Added 12-10-2008 by Ord. No. 9-2008]
The Flexible Design Conservation District is
intended to facilitate flexible development options which promote
different housing and unit types and create opportunities for recreational
use of land by residents of the Township consistent with the Township's
community development objectives as adopted in the Township's Comprehensive
Plan.
A building may be erected, altered or used,
and a lot or premises may be used, for any of the following purposes
and no other.
A.
R-3B Flexible Design Conservation District Zone A:
B.
R-3B Flexible Design Conservation District Zone B:
(3)
The following uses shall be permitted as a special
exception when authorized by the Zoning Hearing Board:
(4)
The following uses shall be permitted as a conditional
use when authorized by the Board of Supervisors:
(a)
Flexible design development option with common
open space; provided, however, that the only type of dwelling unit
that is permitted within Zone B shall be single-family detached dwelling
units.
A.
Uses permitted by special exception.
(1)
Lot size: five acres minimum.
(2)
Lot width at building line: 500 feet minimum.
(3)
Lot width at street right-of-way line: 500 feet
minimum.
(4)
Lot coverage: 25% maximum.
(5)
Green area: 50% minimum.
(6)
Building setback line: 50 feet minimum.
(7)
Side yards: 50 feet minimum, for each.
(8)
Rear yard: 50 feet minimum.
(9)
Maximum building height: three stories, not
to exceed 30 feet.
(10)
Public water and public sewer facilities shall
be required.
B.
Area and bulk regulations and design standards for
the flexible design development option which is permitted by conditional
use in the R-3B District.
(1)
Minimum gross development tract area: 350 acres.
(2)
Maximum number of dwelling units: gross development
tract area multiplied by 1.4.
(3)
Minimum lot area: To insure that the proposed
flexible design development achieves the purposes of such development
option, the Board of Supervisors may establish a minimum lot size
for single-family detached dwellings as part of the approval of the
conditional use for a development using the flexible design development
option.
(4)
Forty percent of the gross development tract
area shall be maintained as common open space, either as greenway
lands or as commonly owned land surrounding dwelling units which is
owned by either a homeowners' or condominium association.
(5)
Eighty percent of the lands which must be maintained
as common open space shall be designated as greenway lands which must
be held in single and separate ownership and comply with the following
criteria:
(a)
Areas designated as greenway lands may be used
for woodland, meadow, wetland, wildlife habitat, game preserve or
similar conservation-oriented areas; public or private park or recreation
areas which are designed to accommodate active or passive uses such
as physical, leisure, sporting or relaxation activities, including
but not limited to trails and community gardens; and parking areas
and any other uses or structures that would facilitate the enjoyment
and appreciation of said greenway lands as approved by the Board of
Supervisors.
(b)
Greenway lands shall be owned by one of the
following: West Goshen Township, a private nonprofit organization
among whose purposes is the conservation of land or natural resources,
or any other similar eleemosynary institution. If neither West Goshen
Township or a private nonprofit organization or any other eleemosynary
institution is willing to accept dedication or ownership of greenway
lands, said greenway lands shall be owned and maintained by a homeowners'
or condominium association.
(c)
The ownership of the greenway lands shall be
approved by the Board of Supervisors as part of the conditional use
approval for the flexible design development, unless the Board determines
it would be in the best interest of the Township to defer said determination
until the time of final land development approval.
(d)
If a body of water such as a lake or pond which
is greater than one acre in area is located on greenway lands, there
shall be a minimum setback of 100 feet and a maximum setback of 250
feet from the edge of the lake or pond to any lot used for dwelling
units in the development to allow the owner of the greenway lands
adequate access to maintain the lake or pond. The Board of Supervisors
shall establish the appropriate setback that is needed to access the
body of water as part of the conditional use approval for the flexible
design development.
(6)
Dwelling unit setback line from curbline. Dwelling
units shall be set back from any curbline a minimum distance of 25
feet.
(7)
Restricted use areas. The type and location
of dwelling units and accessory structures associated with dwelling
units that are permitted within a flexible design development shall
be restricted based on the particular Zone A, B or C, as depicted
on Figure 1 which is attached hereto and shall become part of the
Zoning Map.[1]
(c)
Single-family detached dwellings, semidetached
dwellings and single-family attached dwellings shall be permitted
within that portion of the R-3B District which is designated as Zone
C on Figure 1,[4] which is attached hereto and incorporated herein by reference.
[4]
Editor's Note: Figure 1 is on file in the
Township offices.
[1]
Editor's Note: Figure 1 and the Zoning Map
are on file in the Township offices.
(9)
Building separation between buildings with semidetached
dwellings and single-family attached dwellings. The following minimum
distances between any two buildings with semidetached and/or single-family
attached dwelling units shall be maintained:
(10)
Maximum building length for single-family attached
dwellings. No more than four dwelling units may be attached in one
building, and the maximum length of the building shall not exceed
135 feet.
(11)
Decks, patios, terraces and unroofed porches.
The following criteria shall apply to any deck, patio, terrace or
unroofed porch associated with a dwelling unit:
(a)
Any deck, patio, terrace or unroofed porch shall
be located to the rear of the dwelling unit to which it is attached.
(b)
A deck, patio, terrace or unroofed porch shall
be located a minimum distance of 25 feet from the side wall of any
dwelling unit other than the dwelling unit to which it is attached.
(c)
A deck, patio, terrace or unroofed porch shall
be located a minimum distance of 45 feet from the rear wall of any
dwelling unit other than the dwelling unit to which it is attached.
(12)
Off-street parking spaces. Each off-street parking
space shall be at least nine feet by 18 feet in size, except that
any off-street parking spaces located in a garage or in a driveway
associated with a dwelling unit shall be at least 10 feet by 20 feet.
(13)
Swimming pools and sheds are prohibited on lots
with semidetached dwellings or single-family attached dwellings. Swimming
pools and sheds shall be permitted as accessory uses to a single-family
detached dwelling provided that they are located in the rear yard
or side yard of the dwelling to which they are accessory and are a
minimum of 10 feet from any lot line. On a lot which fronts on two
or more streets and on corner lots, a swimming pool may be erected
within the building envelope to the rear of the dwelling. A swimming
pool shall be enclosed by a minimum four-foot-high continuous barrier.
[Amended 4-15-2009 by Ord. No. 3-2009]
(14)
In lieu of seeking special exception approval for those uses which are permitted in the identified floodplain area as set forth in Article XIX of this chapter, an applicant proposing a flexible design development option shall be required to demonstrate to the Board of Supervisors during land development that the proposed development meets the standards of Article XIX.
[Amended 7-19-2017 by Ord. No. 5-2017]
(15)
Driveways connecting to or intersecting with
any street shall be located at least 80 feet from the intersection
of any street line. Said distance may be reduced to a minimum of 45
feet where said reduction is necessary to facilitate traffic-calming
devices and where in the opinion of the Township Engineer said reduction
will not adversely affect the public health, safety and welfare.
(16)
Portions of trails, whether located in greenway
lands or lands owned or controlled by a homeowners' association or
condominium association, grading and construction associated with
parking areas located in greenway lands, retaining walls and utilities
may be permitted in areas of precautionary steep slopes and prohibitive
steep slopes provided that the Township Engineer has determined that
said construction is necessary to minimize land disturbance and grading
of steep slopes and other environmentally constrained areas and will
not adversely affect the public health, safety and welfare.
(17)
Portions of trails, whether located in greenway lands or lands controlled by a homeowners' association or condominium association and whether consisting of natural vegetation or other materials, may be located in any area considered a riparian buffer as defined in Chapter 71 of the West Goshen Township Code entitled "Stormwater Management," provided that trail placement will not adversely affect the flow of stormwater within any portion of said buffer and sound engineering practices are utilized to limit the area of disturbance to trail placement only.
(18)
Retaining walls, or portions thereof, shall
be permitted within the required yards and building setback line on
a lot where the applicant demonstrates to the Board of Supervisors
during land development that said placement of retaining walls, or
portions thereof, is necessary to minimize grading and to prevent
unnecessary disturbance of steep slopes and other environmentally
constrained areas.
(19)
An applicant or property owner who files an additional application for a conditional use or an application to modify a prior conditional use decision for a flexible design development may request that the Township Engineer not require all supplemental information and documents that would otherwise be required by § 84-74B(1)(b), provided that the applicant or property owner is the same under both applications, the application covers the same property, and the conditional use approval was not rendered more than five years before the new application is filed. The Township Engineer shall determine the supplemental information required to be filed when an applicant seeks a modification of a prior conditional use for the flexible design development.
C.
Area and bulk and design standards for historic inn use.
[Added 12-6-2022 by Ord. No. 7-2022]
(1)
Lot size: 25 acres minimum.
(2)
Lot width at building line: 600 feet minimum.
(3)
Lot width at street right-of-way line: 400 feet minimum.
(4)
Lot coverage: 20% maximum.
(5)
Green area: 80% minimum. The required green area may contain
pervious trails and paths.
(6)
Maximum building height for new buildings: two stories, not
to exceed 35 feet.
(7)
Minimum front, side and rear yards: 200 feet.
(8)
Minimum buffer zone: no new buildings or structures shall be
located in a buffer zone of not less than 100 feet wide. All natural
vegetation existing in the buffer zone shall be maintained and left
undisturbed.
(9)
Maximum number of guest rooms permitted on the lot with the
historic inn: 60.
