[Added 9-10-2018 by Ord.
No. 2018-05[1]]
[1]
Editor’s Note: This ordinance also repealed former Article
XXD, Cluster Development Community Option, added 2-26-2007 by Ord.
No. 2007-03.
A.Â
It is the purpose of this article to encourage greater flexibility in the design and development of residential housing, while also encouraging the preservation of open space and creation of passive and active recreational amenities, by permitting the cluster development of residential housing as an alternative to conventional, single-family lot development or other residential lot requirements. In addition to the zoning objectives set forth in §§ 172-3 and 172-4, the specific objectives of this article are the following:
(1)Â
To encourage innovations in residential development so that
the demand for housing may be met by greater variety in type, design
and layout of dwellings;
(2)Â
To encourage the conservation and preservation of open space,
vistas, scenic roads, stream valleys, agricultural land, trees, natural
topography and other natural resources and amenities;
(3)Â
To provide increased flexibility in the land development regulations
of the Township in order to encourage development that recognizes
advances in the theory and practice of site planning, design, and
green technology;
(4)Â
To conserve land and preserve open space by allowing for reduced
lot sizes;
(5)Â
To encourage the use of ingenuity, imagination and sustainable
design to produce residential developments which are in keeping with
the objectives of the Township's Comprehensive Plan;
(6)Â
To provide for cluster development communities in areas that
are consistent with the goals of the Township's Comprehensive Plan,
in particular Chapter Three, Land Use Plan, the Natural Resources
Protection Plan and the Community Facilities Plan, and compatible
with and protective of the existing character of the community, especially
its natural features;
(7)Â
To decrease or minimize the amount of impervious surfaces in
site development;
(8)Â
To implement stormwater infiltration measures integrated into
the site design that will return water to the soil in excess of NPDES
requirements for volume of infiltrated water where site and soil conditions
allow, based upon soils testing and where suitable infiltration rates
exist;
(9)Â
To provide for on-site facilities and services which allow the
residents of a cluster development community to minimize the necessity
for automobile trips in their daily lives by encouraging on-site movement
by foot or bicycle;
(10)Â
To provide facilities, residential design and site layouts that
encourage cohesiveness and interaction among residents of a cluster
development community;
(11)Â
To provide for private and public recreation, both active and
passive, within the development tract; and
(12)Â
To contribute to the establishment of a community-wide trail
and greenway system.
B.Â
This article is also intended to implement § 604, Zoning
Purposes, of the Pennsylvania Municipalities Planning Code[1] (MPC) insofar as this article is designed to promote,
protect and facilitate coordinated and practical community development
and proper density of population; the preservation of the natural,
scenic and historic values in the environment and preservation of
forests, wetlands, aquifers and floodplains; and to provide for the
use of land within the municipality for residential housing of various
dwelling types. This article is further intended to implement § 605,
Classifications, of the MPC[2] insofar as this article is designed to encourage innovation
and the promotion of flexibility, economy and ingenuity in development
and for the purpose of authorizing increases in the permissible density
of population or intensity of a particular use based upon expressed
standards and criteria as set forth in this article.
In addition to the definitions set forth in Article I, other definitions in Chapter 172 and common definitions, the following terms shall have the meanings specified below when used in this article:
A form of residential development that concentrates buildings
or lots on a portion or portions of a tract of land to allow the remaining
land to be used for open space, recreation, and preservation of environmentally
sensitive land. The concentration of lots is facilitated by a reduction
in lot size, the permissible use of single-family detached, attached
and semiattached residential dwelling units and the reduction of lot
yard setbacks.
Structures accessory to cluster development communities designed
and used for the sole purpose of supporting the cluster development
community, solely for use by the residents and their guests, or supporting
services, such as management offices, recreational halls, club facilities,
exercise facilities, post offices, dining facilities or pool houses.
Areas of land found in the Floodplain Conservation District,
defined wetlands, areas of very steep slopes or associated with a
stormwater management system.
The area of land contained within the legally described property
lines of the tract upon which an application for a cluster development
community development is submitted.
The gross cluster tract area, excluding:
Seventy-five percent of any land lying within the Floodplain
Management District or located in wetlands;
One hundred percent of areas of existing rights-of-way for streets,
public or private utilities and areas of existing easements, including
but not limited to storm drainage easements, sewage easements, easements
of access, conservation easements and agricultural easements;
Fifty percent of the land containing very steep slopes and 25%
of the land containing steep slopes; and
One hundred percent of surface water areas.
A parcel, parcels or designated area of land or an area of
water, or a combination of land and water, excluding stormwater basins,
within a cluster development community site that has been or will
be set aside and restricted from further development in perpetuity,
whether dedicated to the Township or not, except as permitted under
this article, and intended for the exclusive or nonexclusive use or
enjoyment by residents of the development subject to the regulations
of this section. The term "open space" means both private open space
and public open space and shall include the buffer area. Open space
shall not include any private yards, parking lots or street right-of-way.
Access drives and parking may be provided only in association with
an approved recreational use.
Open space that is held in private ownership for public or
private use of the residents of the cluster development.
Open space that is dedicated to the Township for use by the
public subject to the regulations of this section.
A residential structure supporting two single-family dwelling
units with one family living on each side of a vertical common wall.
A.Â
The Cluster Development Community Overlay District is a zoning overlay
district on those parcels in the R-1, R-1A, R-2 and R-3 zoning districts
that have a gross cluster tract area of at least 25 acres, which permits,
upon conditional use approval, the tract of land to be developed and
used as a cluster development community in accordance with the regulations
of this article.
A.Â
Subject to conditional use approval by the Board of Supervisors,
cluster development communities may include the following uses or
any combination of such uses:
(1)Â
Single-family detached dwellings;
(2)Â
Single-family semidetached dwellings;
(3)Â
Townhouses, provided that no more than five such units shall
be attached;
(4)Â
The following structures accessory to dwelling units:
(a)Â
Attached or detached residential garages;
(b)Â
Attached decks and patios;
(d)Â
Fences as permitted by, and subject to the conditions and requirements of, § 172-104, except to the extent special exception approval is granted for a front yard fence, such fence shall not be a stockade type fence that blocks the view of the house from the street by police or emergency services; and
(e)Â
Any accessory structure not expressly set forth herein is prohibited.
(5)Â
The following uses and structures accessory to a cluster development
community:
(a)Â
Community parking areas including parking lots and deck parking
garages;
(b)Â
Community buildings;
(c)Â
Community swimming pools, playing fields, ball fields, tennis
courts, putting greens and other similar active recreation use;
(d)Â
Community walking, biking and horse riding trails and picnic
areas for use of the residents of the community and their guests;
(e)Â
Community greenhouses, gardens, patios and terraces, nature
preserves, arboretums, and other similar passive recreational areas
for use of the residents of the community and their guests;
(f)Â
Maintenance and storage facilities for the cluster development
community;
(g)Â
Gatehouses, guard houses, card entry gates and other similar
security-related structures and mechanical devices;
(h)Â
Any other uses that are similar to those set forth in this subsection
and that are customarily incidental to and related to a cluster development
community, provided they are recognized on an approved land development
plan;
(i)Â
Fences as permitted by, and subject to the conditions and requirements of, § 172-104, except that fences may be constructed and maintained along the entire perimeter of the community provided that the fence is not a stockade type fence and does not completely obstruct the viewshed from or into the community; and
(j)Â
Any accessory use or structure not set forth herein is prohibited.
(6)Â
Open space subject to §§ 172-100.30 and 172-100.31.
B.Â
Regulations.
(1)Â
Lot area and setback requirements.
(a)Â
To allow maximum creativity and flexibility in the layout and design of residential units in development, there shall be no minimum lot area requirements applicable to individual dwelling units, provided all structures are constructed to meet all Township-adopted Fire Protection Codes, including Return Time Code, Chapter 88 and Building Codes, Chapter 69. However, each dwelling shall have the following setback requirements, whether or not the area of land in the setback is owned by the dwelling unit owner or the homeowners' association:
[1]Â
A front yard setback which shall not be less than
20 feet from the front of the dwelling to the sidewalk, and if no
sidewalk, the right-of-way line;
[2]Â
A side yard setback(s) which shall not be less
than 10 feet from the side of the dwelling to the lot line;
[3]Â
A rear yard setback which shall not be less than
20 feet from the property line or 30 feet between primary dwelling
structures;
[4]Â
Accessory structures shall be set back a minimum
of five feet from any property line.
(b)Â
In addition to the above setback requirements, a dwelling or
other building shall not be within 10 feet of an easement.
(2)Â
(3)Â
Perimeter buffer areas. The cluster development community tract
shall contain a perimeter buffer of 100 feet from all tract boundaries
("buffer areas"). Buffer areas shall be landscaped by, as determined
by the Board of Supervisors, either retaining existing vegetative
cover or by planting a combination of trees, shrubbery and ground
cover, in consideration of the impact on scenic views and the impacts
of the development on adjacent residences. Perimeter areas not adjacent
to residential lots are allowed to include internal access roads,
sidewalks, pathways, gates, security devices, guard houses, gatehouses,
fences, lighting, utility equipment and their facilities (excluding
surface stormwater management facilities), and gateway signs that
serve the cluster development community. Any gatehouses or guardhouses
in the buffer shall be set back a minimum of 50 feet from any right-of-way
line or tract boundary line.
(4)Â
Open space. A minimum of 50% of the gross cluster tract area, which shall not include more than 50% of constrained lands, shall be preserved as open space, subject to the requirements of §§ 172-100.30 and 172-100.31.
(5)Â
Dwelling density. The number of permitted dwelling units in
a cluster development community shall be the equivalent of the base
number of units rounded up to the nearest whole unit. The base number
of units shall be calculated by dividing the net cluster tract area
by the minimum lot area permitted per dwelling unit in the underlying
zoning district. In lieu of this calculation, the developer may submit
a conventional land development plan based on the lot area requirements
of the underlying zoning district, and complying with all other zoning
and SALDO requirements of the Township, and the base number shall
equal the number of residential units that would have been permitted
pursuant to that plan. An additional 10% of the base number of units,
rounded up to the nearest unit, are permitted for each of the following;
however, the total additional units above base number shall not exceed
20%:
(a)Â
If dedication of open space for public use is accepted by the Township, solely in its discretion, as set forth in § 172-100.30D(2);
(b)Â
Dedication of trails or trail easements for public use is accepted
by the Township solely in its discretion;
(c)Â
If the amount of open space provided in the gross tract area
exceeds 55% of the gross tract area; and
(d)Â
If the cluster development community is greater than 150 feet
from a public sanitary sewer system, provision of public sewer services
to the cluster development community.
(6)Â
Impervious coverage shall be limited to 40% of the net cluster
tract area. Stormwater management facilities shall be designed in
accordance with the proposed impervious coverage as set forth on the
land development plan, plus an additional 20% to accommodate in-fill,
in accordance with the limitations of the underlying zoning districts.
(7)Â
Minimum separation distance between structures shall be consistent
with the Township's Building Code and Fire Prevention Code, or as
set forth in this article, whichever is greater.
(8)Â
The site plan shall establish, where applicable, an upland buffer
of vegetation of at least 50 feet in depth adjacent to wetlands and
surface water, including creeks, steams, springs, lakes and ponds.
(9)Â
The site plan shall accommodate and preserve features of historic,
cultural or archaeological value and any features identified on the
Township Historic Resources Map as may be adopted. Preserved historical
dwellings shall not count toward the maximum number of dwelling units
permitted.
(10)Â
Sidewalks shall be included to promote a walkable neighborhood
environment. Sidewalks shall be installed along the perimeter roadway(s)
of the cluster development community and along roadways that are adjacent
to any residence, structures accessory to residences and structures
accessory to cluster development communities and open space within
the community. Sidewalks along open space shall be on the open space
side of the roadway.
(11)Â
All cluster development communities shall be serviced by public
water. All cluster development communities shall be serviced by public
sewer unless waived by the Township Board of Supervisors, subject
to all DEP and Act 537 requirements. If public sewer becomes available
within 150 feet of the cluster development community as measured from
the tract boundary at any time after development commences, the cluster
development community, or the individual dwelling units therein, shall
be required to connect to the public sewer system in accordance with
all Township Code provisions regarding sewer connections and related
expenses and fees.
C.Â
Design Standards Manual. All subdivision and land development applications for a cluster development community shall include a Design Standards Manual containing a conceptual plan for the cluster development community; architectural guidelines governing issues of building massing, building type adjacencies, architectural character or theme and building placements within the cluster development community; and design standards for the improvements (as defined in Chapter 148, Subdivision and Land Development, § 148-9, of the Code of the Township of Newtown), including but not limited to design standards for street and roadway improvements, sidewalks and lighting. The Design Standards Manual shall be subject to the recommendation of the Planning Commission and approval of the Board of Supervisors. In the case of a conflict between the provisions of the Design Standards Manual and other provisions of the Code of the Township of Newtown, the provisions of the Design Standards Manual, as approved by the Board of Supervisors, shall govern. Provisions of the Design Standards Manual shall include the following design and architectural requirements:
(1)Â
Stormwater management should be integrated to complement the
natural character of the site such that the visual distinction between
stormwater areas and adjacent natural land forms be limited. Where
natural features exist, such as sloughs, drainages or hills, open
spaces should be preserved and used to frame and define residential
areas.
(2)Â
A landscaping plan, including street trees, consistent with Township Code Chapter 104 which shall consist of landscaping that will not destroy or deteriorate the integrity of the street or sidewalk structure.
(3)Â
A variety of home models and/or elevations will be required.
(4)Â
All units shall front on a public or private street to assure
emergency access and be identified with a street address approved
by the Police Chief and the Township Fire Marshal.
(5)Â
The primary front entrance of a residence shall be oriented
towards the public street or private street if the lot does not abut
a public street. The street-facing facade should incorporate elements
such as a front porch, primary living space windows, building articulation
elements such as cornices, brackets, overhangs, shutters and window
boxes, and front yard landscaping to create an attractive street appearance
and enhance the surrounding neighborhood.
(6)Â
Entrances and windows, not garages, shall be the dominant element
of front facades facing streets. Garage facades shall be set back
at least 10 feet from the facade of the principal dwelling. Alternatively,
side-loading garages or detached garages or garages accessed by back
alleys may be utilized.
(7)Â
Residential projects shall avoid large box-like forms with continuous
unrelieved surfaces. Buildings should include design variety and articulation.
Design doorways, columns, overhangs, and other architectural elements
to be substantial in depth in order to create shadow and architectural
relief. Examples of these elements include: decorative trim, pitched/variegated
roof forms, roof overhangs at least 18 inches deep, variety of materials,
railings, building base, bay windows, chimneys, front porches and
balconies. The entire home should have a coherent architectural composition
with transitions from front, sides and rear elevations being graceful,
not abrupt.
(8)Â
The choice of colors and materials should convey an image of
quality, permanence and durability and enhance the architectural concepts
within each residential development.
(9)Â
Green space shall be positioned in visually prominent locations
through the integration of terminal vistas, community green areas
or garden courtyards, greenlets and greens (alleviate monotony). Additionally,
buildings and structures shall be adequately grouped such that existing
scenic views or vistas are preserved as an unobstructed, single block
of common open space, especially from public streets.
A.Â
Open space shall be preserved and designed to preserve and enhance
existing natural physical characteristics of the site and to place
common open space within convenient access and view of dwelling units,
while preserving and enhancing natural features.
B.Â
Open space shall not include any area of a proposed dwelling lot.
C.Â
Lakes, ponds, streams, floodplains, wetlands, steep slopes, very
steep slopes, woodlands, other related natural features and subsurface
stormwater facilities (e.g., no stormwater basins) may be incorporated
into the required minimum open space. Notwithstanding the foregoing,
of the total proposed open space, at least 50% shall not be constrained
lands.
D.Â
Areas set aside for open space shall contain no structure other than
structures directly related to outdoor recreational use. However,
in no case shall the impervious coverage of such structures in the
open space areas exceed 5% of the minimum required open space area.
(1)Â
Areas set aside for private open space may contain buildings
and structures related to the recreational uses of the private open
space, access roads, sidewalks, pathways, parking areas, including
access improvements from interior and adjacent streets to accommodate
pedestrian, bicycle, maintenance and vehicle traffic, and utility
easements and related structures and facilities (including but not
limited to sanitary sewage facilities) serving the cluster development
community and/or adjacent properties. A note shall be placed on the
recorded plan stating the restrictions contained in this section,
and easements and/or deed restrictions memorializing such restrictions
shall be recorded simultaneously with or as a part of the deed of
dedication for the public open space.
(2)Â
The Township acceptance of dedication of open space for public
open space shall be in the sole discretion of the Township Board of
Supervisors. The Township Board of Supervisors may consider any factors
it deems appropriate in exercising this discretion, but may consider
among other things, the size, shape, location, accessibility and physical
characteristics of the open space and the amount of use and enjoyment
said open space may provide to Township residents. Public open space
shall be used for recreation only. Access roads, sidewalks, pathways,
parking areas, including access improvements from adjacent streets
to accommodate pedestrian, bicycle, maintenance and vehicle traffic,
utility easements and related structures and facilities (including
but not limited to sanitary sewage facilities) and open-air pavilions
shall be permitted, provided that utility easements and related structures
and facilities (including but not limited to sanitary sewage facilities)
and stormwater management facilities serving the cluster development
community shall not be located within the public open space. The Township
shall not dispose of public open space by sale or otherwise. A note
shall be placed on the recorded plan stating the restrictions contained
in this section, and easements and/or deed restrictions memorializing
such restrictions shall be recorded simultaneously with or as a part
of the deed of dedication for the public open space.
E.Â
The open space shall be contiguous and not be separated by existing
roads. Open space shall:
(1)Â
Be designed as a continuous system of open space and be interconnected
with existing or proposed open space areas on abutting parcels, provided
that the physical characteristics of the site enable such incorporation
without sacrificing innovative design.
(2)Â
Be comprised of areas not less than 75 feet in width and not
less than one acre of contiguous area, except when the open space
is part of a trail system or pathway network or plan for such network,
in which case the areas may be reduced in size, subject to the approval
of the Township.
(3)Â
Be provided with sufficient permanent parking when necessary
and with safe and convenient access by adjoining street frontage and
be capable of accommodating pedestrian, bicycle and maintenance and
vehicle traffic, and containing appropriate access improvements.
(4)Â
Be suitably landscaped either by retaining existing natural
cover and wooded areas and/or by adding enhancement plantings in accordance
with an approved landscaping plan for enhancing open space areas through
plantings which are consistent with the purposes of this section and
which minimize maintenance costs.
(5)Â
Be subject to such agreement with the Township and such deed
restrictions duly recorded in the office of the Recorder of Deeds
in Delaware County as may be required by the Township for the purpose
of preserving the open space for such use.
(6)Â
Include a transition area surrounding the perimeter of the entire
tract. This transition area shall be at least equal to the area required
for front yards in the underlying zoning district and shall not contain
any structures or parking areas. Only necessary ingress and egress
and perimeter fencing and/or berms shall be allowed in the transition
area. The transition area shall not be included in any of the minimum
lot area(s).
F.Â
The open space required by this section is a separate and distinct requirement from the recreational land requirements set forth in § 148-41 to allow the exercise of the cluster development option. Public open space and/or trails accepted by the Board of Supervisors or private open space may be considered recreational lands only to the extent that the open space, or portions of the open space, comply with the requirements of Chapter 148.
A.Â
All applications for the cluster development community option shall
describe the plan for ownership and maintenance of open space.
B.Â
The Board of Supervisors shall require the applicant to provide for
and establish a homeowners' association, or other similar organization
or group of dwelling unit or lot owners holding undivided interest
in private open space, for the maintenance of the private open space,
organized under or similar to that required by the Uniform Planned
Community Act,[1] and such homeowners' association or other similar organization
shall be prohibited from disposing of the private open space by sale
or otherwise (except to a similar homeowners' association or organization
conceived and established to own and maintain the open space, such
as a private conservation organization). The governing documents of
such homeowners' association or similar organization shall be submitted
to the Township for review and approval from the standpoint of its
capacity to raise revenue, meet obligations and properly maintain
facilities prior to the receipt of final land development approval
for a cluster development community. The organization shall also be
required to enter into an open space maintenance agreement, substantially
in the form provided at Chapter AA176 Appendix 2,[2] with the Township which may be recorded in the Recorder
of Deeds.
C.Â
In the event that the private open space is, in the reasonable judgment
of the Township, permitted to deteriorate or not be maintained in
reasonable condition in accordance with the approved plan, the Township
may take whatever actions are available by law to require compliance
with the approved plan. A note shall be placed on the recorded plan
stating this right held by the Township.
D.Â
In addition to any other remedies afforded by law, the Township shall
have the right, which shall be made part of the land development agreement
with the applicant, upon reasonable notice to interested parties,
to enter upon the private open space and maintain the same for a period
not to exceed one year. The purpose of such action by the Township
shall be to preserve the value of the private open space within the
development and to prevent the private open space from becoming a
public nuisance. The cost of such maintenance by the Township shall
be assessed against the dwelling units and/or lots within the development
which have a right of enjoyment of the private open space and shall
become a lien upon said units and/or lots upon filing thereof as required
by law.
All applications for the proposed cluster development community development shall be subject to review and conditional use approval by the Board of Supervisors of Newtown Township through the subdivision and land development procedures set forth in Chapter 148, Subdivision and Land Development. Compliance with all other provisions of this Chapter 172, Zoning, Chapter 148, Subdivision and Land Development, and all other land use regulations adopted by the Township, including Chapter 91, Flood Damage Prevention,[1] Chapter 104, Natural Features and Landscaping, Chapter 134, Slope Conservation, and Chapter 138, Soil Erosion and Sediment Control, shall be required, except where such provisions are modified by this article. In the case of a conflict between the provisions of this article and other provisions of the Code of the Township of Newtown, the provisions of this article shall govern. Where literal compliance with the criteria and standards specified in those land use regulations adopted by the Township over which the Board of Supervisors is vested with jurisdiction is clearly impractical, the Board may modify or adjust the standards and criteria to permit reasonable utilization of the tract on which the cluster development community is proposed in the interest of securing substantial compliance with the objectives of this article. Any exclusions for single-family residential developments in Chapter 104 shall not be applicable when applied to this article.
