In expansion of the declaration of legislative intent contained in § 250-3 of this chapter and the community development objectives contained in § 250-5 of this chapter, it is hereby declared to be the intent of this article with respect to R-1 Residential Districts to establish reasonable standards of performance and promote the desirable benefits which single-family detached residential and agricultural uses have throughout the community. It is further the intent of this article to encourage the interdependency of higher-density single-family dwellings with the provision of essential public sewer and water facilities.
[Amended 10-5-1992 by Ord. No. 127-R; 8-30-1993 by Ord. No.
127-S]
In an R-1 Residential District a building may
be erected, altered or used and a lot or premises may be used or occupied
for any of the following uses and no other:
A.
Single-family detached dwelling.
B.
Agricultural use, provided that any building used
for the keeping or raising of livestock or poultry shall be located
not less than 100 feet from a street ultimate right-of-way line and
not less than 50 feet from any other property line.
C.
Cluster development, subject to the provision of this
article.
D.
[1]Any of the following institutional uses, when authorized
as a special exception:
(1)
Educational, religious or philanthropic use, excluding
correctional or penal institutions.
(2)
Hospital, sanitarium or convalescent home.
(3)
Greenhouse, noncommercial recreation use, municipal,
county, state or federal use.
(4)
Club or fraternal institution, 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
only.
(5)
Any public utility facility use directly related to
and necessary for services within the Township.
(6)
Cemetery, provided that ground devoted to this use
shall contain not less than five acres.
[1]
Editor's Note: Former Subsection D, Planned residential development,
was repealed 12-1-2014 by Ord. No. 315. This ordinance also provided
for the renumbering of the remaining subsections.
E.
Accessory uses on the same lot with and customarily
incidental to any permitted use.
[Amended 8-30-1993 by Ord. No. 127-S; 11-6-2003 by Ord. No.
246; 2-2-2004 by Ord. No. 250]
The following area, width and yard regulations
shall apply in the R-1 Residential District.
A.
Lot area. A lot area of not less than 87,120 square
feet shall be provided for residential uses within the R-1 Residential
District whether or not water and sewer service is public or private.
B.
Area, width and yard regulations. The following dimensions
shall apply to all required lots, except for cluster developments.
[Amended 12-3-2007 by Ord. No. 276; 4-5-2021 by Ord. No. 353]
|
Minimum lot area (square feet)
|
87,120
|
|
Minimum width (feet)
|
225
|
|
Front yard (feet)
|
55
|
|
Side yard, each (feet)
|
50
|
|
Rear yard (feet)
|
75
|
D.
Impervious coverage. The maximum impervious coverage permitted per
lot shall be 25%.
[Added 4-5-2021 by Ord.
No. 353]
The maximum height of buildings and other structure
erected or enlarged in this district shall be:
[Added 8-30-1993 by Ord. No. 127-S; 3-23-1995 by Ord. No.
192; 8-4-2003 by Ord. No. 244; 11-6-2003 by Ord. No. 246; 2-2-2004 by Ord. No. 250]
A.
Intent. The intent of these standards is to:
(1)
Protect environmentally sensitive areas such as streams
and riparian buffers, floodplains, groundwater recharge areas, steep
slopes, woodlands, historic features and other uniquely valuable sites.
(2)
Provide more usable and suitable open space and recreation
for community residents than would normally be provided.
(3)
Provide for a more creative, flexible and efficient
pattern of roads and utilities than would occur under traditional
lotting.
B.
Sewage and water facilities. All cluster residential
development shall be provided with municipal water and sewage treatment
services.
C.
Open space. At least 60% of the tract's gross area shall be preserved as open space. Open space in cluster developments shall meet the requirements of § 250-53M and the following additional requirements:
[Amended 12-3-2007 by Ord. No. 276]
(1)
As a general guideline, at least 1/4 of the required
open space in cluster developments shall be located along the internal
or external road frontage of the site in order to minimize the perceived
density of the development. This requirement may be modified by the
Board of Commissioners where specific site conditions warrant, based
on the recommendation of the Township Planning Commission.
(2)
A buffer area at least 50 feet in width shall be provided along the external road frontage of a cluster development, except where common open space is located along the road frontage. The buffer area shall be landscaped according to the requirements of the Subdivision and Land Development Ordinance (Chapter 215).
D.
Tract size; dimensional standards. The minimum tract
size required for a cluster development is 15 acres. Other dimensional
standards are as follows.
E.
Estate lot standards. The following standards apply
to single-family detached dwellings on estate lots located in open
land areas in conjunction with neighborhood development. These standards
also apply to permitted nonresidential uses.
F.
Neighborhood setbacks. The outer boundaries of all
neighborhoods shall meet the following setbacks. The boundary is defined
as the outer edge of lots abutting open land or of roads adjacent
to the fronts of those lots.
(1)
From external arterial road ultimate rights-of-way:
200 feet.
(2)
From all other external road ultimate rights-of-way:
100 feet.
(3)
From all tract boundaries: 50 feet.
(4)
From cropland or pasture land: 100 feet.
(5)
From buildings or barnyards housing livestock: 300
feet.
(6)
From other residential neighborhoods: 100 feet.
(7)
From wetlands, floodplains or watercourses: 25 feet.
(8)
From active recreation areas such as courts or playing
fields: 150 feet.
(9)
All setback areas along roads shall be landscaped according to the standards of the Subdivision and Land Development Ordinance (Chapter 215) in order to preserve scenic views and integrate the neighborhood into the surrounding landscape.
(10)
Setback standards may be reduced by the Board
of Commissioners under the following circumstances:
(a)
Setback from roads may be reduced to a minimum
of 50 feet if the applicant can demonstrate that existing vegetation
and/or topography form an effective visual buffer along these roads.
(b)
All other setbacks may be reduced to half of
the requirement specified above if the applicant can demonstrate that
reduced setbacks improve the plan's compliance with the neighborhood
design standards and the intent of this chapter and other goals of
the Comprehensive Plan.
[Added 8-30-1993 by Ord. No. 127-S;
amended 3-23-1995 by Ord. No. 192]
The following standards apply to all cluster
developments in the R-1 District except for estate lots:
A.
All lots shall be grouped into neighborhoods which
shall contain at least five but no more than 25 lots and which are
surrounded by open land.
B.
The maximum or minimum number of lots in a neighborhood
may be increased or decreased and neighborhoods may be assembled into
larger groupings with the approval of the Board of Commissioners.
However, the applicant must demonstrate that such an alternative plan
is more appropriate for the tract in question and will meet both the
general intent and design standards of this section rather than being
intended solely for economic savings.
C.
Neighborhoods are defined by the outer perimeter of
contiguous lotted areas or abutting roads and may contain lots, roads
and neighborhood open space.
D.
A plan may contain one or more neighborhoods.
E.
The outer boundaries of each neighborhood shall be the setback requirements specified in § 250-52F.
G.
Disturbance to woodlands, hedgerows, mature trees
or other significant vegetation shall be minimized.
H.
Loss of prime farmland soils and large tracts of contiguous
land suitable for agricultural use shall be minimized.
I.
Neighborhoods shall be defined and separated by open land in order to provide direct access to open space and privacy to individual yard areas. Neighborhoods may be separated by roads if the road right-of-way is designed as a parkway and meets the setback requirements in § 250-52E.
J.
Views of neighborhoods from exterior roads shall be
minimized by the use of changes in topography, existing vegetation
or additional landscaping.
K.
All lots in a neighborhood shall take access from
interior roads rather than roads exterior to the tract.
L.
All lots in a neighborhood shall face neighborhood
open space or other open land (directly or across a road) to either
the front or the rear for a distance of not less than 30 feet. Where
this is impractical, a waiver may be granted by the Board of Commissioners.
M.
Neighborhood open space standards. A neighborhood
with 10 or more residential lots must provide neighborhood open space
at a minimum rate of 1,000 square feet per lot in compliance with
the following standards:
(1)
The open space shall be central to the neighborhood
it serves.
(2)
The open space shall have a minimum of 100 feet of
road frontage and a minimum average width of 35 feet.
(3)
It shall be configured as a green or parkway.
(a)
A green shall be located in a central position
in the neighborhood and shall be surrounded by streets and/or building
lots on at least three sides. It shall be designed and landscaped
as a space for common neighborhood use.
(b)
A parkway is a narrow strip of open space surrounded
by streets on all sides and generally intended for a smaller neighborhood.
It shall be designed as a space for neighborhood use.
(4)
It may contain stormwater detention basins or parking
areas but these shall not be included in the required 1,000 square
feet per lot.
(5)
Neighborhood open space shall count towards meeting
the fifty-percent open land requirement for cluster development.
[Added 8-30-1993 by Ord. No. 127-S; 3-23-1995 by Ord. No.
192]
Under the neighborhood standards 50% of each
tract is required to be set aside as protected common open space.
This open land area shall meet the following standards:
A.
The following uses are permitted in common open space
areas:
(1)
Conservation of open land in its natural state (for
example, woodland, fallow field or managed meadow).
(2)
Agricultural uses and farm buildings.
(4)
Passive recreation, including but not limited to trails,
picnic areas, community gardens and lawn areas.
(5)
Active recreation areas such as golf courses, playing fields, playgrounds and courts meeting the setback requirements of § 250-52F.
[Amended 12-3-2007 by Ord. No. 276]
(6)
Municipal water and sewer facilities.
(7)
Easement for drainage, access, sewer or water lines
or other public purposes.
(8)
Stormwater management facilities for the proposed
development or for a larger area in compliance with a watershed stormwater
management plan (adopted in accord with Act 167).
(9)
Parking areas of 10 or fewer spaces where necessary
to serve active recreation facilities.
(10)
Aboveground utility and road rights-of-way,
except that their land areas shall not count toward the required minimum
fifty-percent total open land requirement.
(11)
Estate lots meeting the following standards:
(a)
A minimum size of five or 20 acres shall be
required, of which a maximum of one acre may be developed with a single-family
detached dwelling and customary accessory uses. Only the undeveloped
portion of the estate lot may be use to meet the fifty-percent open
land requirements.
(b)
The one acre of the estate lot that may be developed
shall include any portion of the site not left in its natural state
or used for agricultural purposes: all dwellings, accessory buildings
and structures, paved areas, lawn and gardens, etc.
(c)
The developed area of the estate lot shall meet the neighborhood setback standards listed in § 250-52F.
[Amended 12-3-2007 by Ord. No. 276]
(d)
Estate lots shall be restricted by permanent
easements against further subdivision.
(e)
Dwellings on estate lots shall be counted toward
the maximum density permitted on a tract.
(f)
Dwellings on estate lots shall be sited according to the same principles as neighborhoods as per § 250-53, Neighborhood design standards. Specifically, dwellings shall not encroach on environmentally sensitive areas and should not infringe upon scenic views from exterior roads or from neighborhoods.
B.
Open land areas shall be located and designed to:
(1)
Protect site features identified in the inventory
and analysis as having particular value in compliance with the intent
of this section.
(2)
Comply conceptually with the recommendations of Lower
Pottsgrove's Open Space Plan and/or Comprehensive Plan where specified.
(3)
Maximize common boundaries with open land on adjacent
tracts as shown in the Comprehensive Plan where specified.
C.
Safe and convenient pedestrian and maintenance access
shall be provided to open land areas.
D.
The following are prohibited in open land areas:
(1)
Use of motor vehicles except within approved driveways
and parking areas. Maintenance, law enforcement, emergency and farm
vehicles are permitted as needed.
(2)
Cutting of healthy trees, regrading, topsoil removal,
altering, diverting or modifying watercourses or bodies except in
compliance with a land management plan for the tract in question conforming
to customary standards of forestry, erosion control or engineering.
E.
Natural features shall generally be maintained in
their natural condition but may be modified to improve their appearance,
functioning or overall condition, as recommended by experts in the
particular area being modified. Permitted modifications may include:
[Added 8-30-1993 by Ord. No. 127-S]
A.
Purpose. The purpose of this section is to ensure
adequate planning for operation and maintenance of open land, recreation
facilities, sewage facilities, water supply facilities, stormwater
management facilities, common parking areas and driveways, private
streets and any other common or community facilities (hereinafter
referred to as "common facilities").
B.
Ownership. The following methods may be used, either
individually or in combination, to own common facilities; however,
open land must be initially offered for dedication to the Township.
Common facilities shall not be transferred to another entity except
for transfer to another method of ownership permitted under this section
and then only when there is no change in the common facilities or
in the open space ratio of the overall development. Ownership methods
shall conform to the following.
(1)
Fee simple dedication to the Township. Lower Pottsgrove
Township may, but shall not be required to, accept any portion of
the common facilities, provided that:
(2)
Homeowners' association. Common facilities may be held in common ownership by a homeowners' association, subject to all of the provisions of homeowners' associations set forth in Article VII of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10701 et seq. In addition, the following regulations shall be met:
(a)
The applicant shall provide to the Township
a description of the organization, including its bylaws and all documents
governing ownership, maintenance and use restrictions for common facilities.
These items must be submitted to the Township prior to the release
of final building permits.
(b)
The organization shall be established by the
owner and applicant and shall be operating (with financial subsidization
by the owner or applicant, if necessary) before the sale of any dwelling
units in the development.
(c)
Membership in the organization shall be mandatory
for all purchasers of dwelling units therein and their successors
and assigns.
(d)
The organization shall be responsible for maintenance
and insurance of common facilities.
(e)
Written notice of any proposed transfer of common
facilities by the association or the assumption of maintenance for
common facilities must be given to all members of the organization
and to the Township no less than 30 days prior to such event.
(f)
The organization shall have or hire adequate
staff to administer, maintain and operate such common facilities.
(3)
Dedication of easements to the Township or County.
Lower Pottsgrove Township or the County may, but shall not be required
to, accept easements for public use of any portion of the common facilities.
In such cases, the facility remains in the ownership of the individual,
condominium or homeowners' association while the easements are held
in public ownership. The County shall accept such easements only in
accordance with Act 442, the Open Space Acquisition Act, 32 P.S. § 5001
et seq., and County plans. In addition, the following regulations
shall apply:
(4)
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 easement to private nonprofit conversation organization,
provided that:
(a)
The organization is acceptable to the Township
and is a bona fide conservation organization with perpetual existence.
(b)
The conveyance contains appropriate provisions
of proper reverter or retransfer in the event that the organization
becomes unwilling or unable to continue carrying out its functions.
(c)
A maintenance agreement acceptable to the Township
is established between the owner and the organization.
C.
Maintenance and operation of common facilities.
(1)
The applicant shall, at the time of preliminary plan
submission, provide a plan for the maintenance and operation of common
facilities. Such plans shall:
(a)
Define ownership.
(b)
Establish necessary regular and periodic operation
and maintenance responsibilities.
(c)
Estimate staffing needs, insurance requirements
and associated costs and define the means for funding on an ongoing
basis from year to year. Such funding plan shall include means for
funding long-term capital improvements as well as regular yearly operating
and maintenance costs.
(2)
At the Township's discretion, the applicant may be
required to escrow up to 15% of the first year's estimated costs to
maintain and operate the common facilities.
(3)
In the event that the organization established to maintain common facilities or any successor organization thereto fails to maintain all or any portion of the common facilities in reasonable order or condition, the Township may, in accordance with Article VII of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10701 et seq., assume responsibility of maintenance; in which case any escrow funds may be forfeited and permits may be revoked or suspended.
(4)
The Township may enter the premises and take corrective action. The costs of such corrective action may be charged to the property owner or homeowners' association and may include administrative costs and penalties as stipulated in Article XXXI of this chapter. Such costs shall become a lien on said properties if not paid. Notice of such lien shall be filed by the Township in the office of the Prothonotary of the County.
[Amended 12-3-2007 by Ord. No. 276]
[Added 8-30-1993 by Ord. No. 127-S]
Development under the standards of this chapter
may be phased and estate lots may be subdivided prior to neighborhood
development, in accordance with a unified development plan for the
entire tract and the following requirements:
A.
The unified development plan for the tract shall be
approved as a sketch plan and shall be made a part of a binding development
agreement between the applicant and the Township.
B.
When estate lots are subdivided prior to neighborhood
development, the following standards shall apply:
(1)
If neighborhood development is desired in the future
the plan must be designed so that sufficient land area is set aside
in a suitable configuration for that purpose.
(2)
The maximum density permitted within the neighborhood
development shall be based upon the acreage of the original tract,
minus the dwelling units on the estate lots.
(3)
The estate lots shall be restricted from further subdivision
by permanent easement when they are created.
(4)
Any future neighborhood development shall be consistent
with the approved sketch plan and development agreement.
