Township of West Goshen, PA
Chester County
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Table of Contents
Table of Contents
[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:
(1) 
Agriculture subject to the standards in § 84-50.
(2) 
Forestry subject to the standards in § 84-57.8.
(3) 
The following uses shall be permitted as a conditional use when authorized by the Board of Supervisors:
(a) 
Common open space as part of a flexible design development option.
B. 
R-3B Flexible Design Conservation District Zone B:
(1) 
Agriculture subject to the standards in § 84-50.
(2) 
Forestry subject to the standards in § 84-57.8.
(3) 
The following uses shall be permitted as a special exception when authorized by the Zoning Hearing Board:
(a) 
Religious uses.
(b) 
Noncommercial recreational uses, such as nonprofit swimming pools, provided that the principal activity shall not be one which is customarily carried on as a business and provided that all services shall be for members and their guests.
(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.
C. 
R-3B Flexible Design Conservation District Zone C:
(1) 
Agriculture subject to the standards in § 84-50.
(2) 
Forestry subject to the standards in § 84-57.8.
(3) 
A mansion located on a country house estate lot may be used as a reception hall, museum, exhibition hall or any use of the same general character as any use permitted in this Subsection C(3) subject to the standards in § 84-57.6.
(4) 
The following uses shall be permitted as a special exception when authorized by the Zoning Hearing Board:
(a) 
Religious uses.
(b) 
Noncommercial recreational uses, such as nonprofit swimming pools, provided that the principal activity shall not be one which is customarily carried on as a business and provided that all services shall be for members and their guests.
(5) 
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 and single-family detached dwelling units, semidetached dwelling units and single-family attached dwellings.
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]
(a) 
No dwelling units or accessory structures to dwelling units shall be permitted within that portion of the R-3B District which is designated as Zone A on Figure 1,[2] which is attached hereto and incorporated herein by reference.
[2]
Editor's Note: Figure 1 is on file in the Township offices.
(b) 
Only single-family detached dwelling units shall be permitted within that portion of the R-3B District which is designated as Zone B on Figure 1,[3] which is attached hereto and incorporated herein by reference.
[3]
Editor's Note: Figure 1 is on file in the Township offices.
(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.
(8) 
Spacing between single-family detached dwelling units. The following minimum distances between any two single-family detached dwelling units shall be maintained:
(a) 
Side wall to side wall: 15 feet.
(b) 
Rear wall to rear wall: 60 feet.
(c) 
Side wall to rear wall: 40 feet.
(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:
(a) 
Side wall to side wall: 20 feet.
(b) 
Rear wall to rear wall: 60 feet.
(c) 
Side wall to rear wall: 45 feet.
(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.
Uses permitted by special exception:
A. 
Screening: as required by § 84-55A of this chapter or as directed by the Zoning Hearing Board.
B. 
Storage: as required by § 84-55B of this chapter.
C. 
Landscaping: as required by § 84-55C of this chapter.
D. 
Parking: as required by § 84-55I of this chapter.