[Ord. 2002-06, 11/11/2002, § 1301; as added by
Ord. 2007-07, --/--/2007, § 3]
1.
The purposes of this Part are:
A.
To provide for the preservation of open space as a result of opportunities
for flexibility in lot designs and building arrangement not afforded
by conventional lot-by-lot development.
B.
To provide an option and alternative to conventional lot-by-lot development,
with a more varied and innovative development pattern.
C.
To promote new development which is compatible with existing uses,
landscapes and community character.
D.
To preserve sensitive landscapes and site features by locating new
dwelling sites off of environmentally constrained land.
E.
To protect scenic vistas from encroachment by development.
F.
To retain and protect open space areas within residential developments.
G.
To provide active recreational activities and facilities.
H.
To provide civic greens.
I.
To provide a means to attain the aims and objectives of the East
Fallowfield Township Comprehensive Plan of 1999 relative to orderly
growth and the enhancement of environmental resources.
J.
To support the objectives of the East Fallowfield Township Open Space,
Recreation and Environmental Resources Plan of 1993.
K.
To support the objectives of the Lower Brandywine Scenic Rivers Evaluation
and Management Study of 1987.
[Ord. 2002-06, 11/11/2002, § 1302; as added by
Ord. 2007-07, --/--/2007, § 3]
1.
The open space design option may be permitted in the R-1 District,
R-2 District and R-3 District, when approved as a conditional use,
in accordance with the provisions of Part 19.
[Amended by Ord. 2015-02, 7/28/2015]
2.
A conditional use application shall be accompanied by a conditional use plan, in accordance with § 22-501 of the Subdivision and Land Development Ordinance.
3.
The conditional use plan shall have sufficient detail to demonstrate, to the satisfaction of the Board of Supervisors, feasibility of compliance with all design standards and criteria of this Part, such as, but not limited to, compliance with the "Open Space Design Standards" in § 27-1304, Subsection 1, "Area and Bulk Regulations" in § 27-1304, "General Development Standards" in § 27-1305, Subsection 1, stormwater requirements of the Subdivision and Land Development Ordinance [Chapter 22], and sewer and water requirements of the Township, county and state. The applicant is strongly encouraged to meet with the Township Planning Commission, prior to formal conditional use application, to discuss conceptual plans for development under this Part, in view of community development and open space resource conservation objectives.
4.
Development under the open space design option shall be served by
individual, community or public water supply systems, where applicable,
to the satisfaction of the Board of Supervisors, and where the applicant
can demonstrate adequate supply for the intended residential and open
space uses.
5.
Development under the open space design option shall be served by
individual, community systems, or public sewage disposal systems subject
to demonstration of compliance with all applicable regulations of
East Fallowfield Township, the Chester County Health Department and/or
the Pennsylvania Department of Environmental Protection.
7.
Where any development is proposed to be served by a community water supply system not physically connected, nor operationally part of any other community or public water supply system, such development shall contain at least 50 dwelling units and all units within such development shall be served by the proposed system. The applicant shall undertake and submit to the Township a water survey in accordance with § 22-508 of the Township Subdivision and Land Development Ordinance [Chapter 22].
8.
The proposed development shall be generally consistent with the East
Fallowfield Township Open Space, Recreation and Environmental Resources
Plan (1999) and the Lower Brandywine Scenic Rivers Evaluation and
Management Study (1987).
9.
The tract of land to be developed shall be in one ownership, or,
if in multiple ownership, shall be developed according to a single
plan with common authority and responsibility.
10.
The tract of land shall be a minimum of 40 acres.[1]
[Amended by Ord. 2015-02, 7/28/2015]
[1]
Editor’s Note: This ordinance also provided for the
repeal of former Subsections 11 and 12, regarding lands located in
the T-4 Character Zone and the T-2 Conservation Design Area, which
immediately followed this section.
[Ord. 2002-06, 11/11/2002, § 1303; as added by
Ord. 2007-07, --/--/2007, § 3]
1.
Permitted Uses. Where permitted by the Board of Supervisors as a
conditional use, an applicant may utilize the open space design option
for development of any of the following uses:
[Ord. 2002-06, 11/11/2002, § 1304; as added by
Ord. 2007-07, --/--/2007, § 3]
1.
Open Space Design Standards.
A.
A minimum of 50% of the gross tract acreage shall be maintained as
common open space.
B.
The maximum environmentally constrained land shall not be more than
30% of the gross common open space. For the purposes of this section,
the following environmentally constrained open space resource areas
shall be delineated:
(1)
Any area comprised of significant woodland, as inventoried in
the East Fallowfield Township Open Space, Recreation and Environmental
Resources Plan of 1993 and as specified in Part 14.
(2)
Any area mapped as a visually significant landscape for the
Lower Brandywine Scenic Rivers Evaluation and Management Study of
1987.
(3)
Any area within the Flood Hazard District, as established in
Parts 14 and 15 of this chapter.
C.
Where any of the above areas overlap, they shall be counted only
once.
D.
Designated common open space shall comply with all standards and criteria established in § 27-1305.
E.
A minimum of 15% of the unconstrained open space shall be physically
prepared, graded, and made ready for use for active recreational open
space.
2.
Permitted Density Calculation.
A.
The maximum permissible number of lots or dwelling units on any tract utilizing the open space design option shall be calculated: by multiplying the net tract area, in acres, by the multiplier stipulated for each zoning district below, rounding the product down to the next lower whole number (i.e., 21.6 would be rounded to 21); and by utilizing the provisions of § 27-1305, Subsection 2, relative to historic resources.
B.
The applicant is advised that the maximum number of units, calculated
under the provisions herein, may not always be achievable while meeting
requirements for minimum required common open space and all other
standards, criteria and regulations herein.
3.
Maximum Tract Cover.
4.
Residential Area and Bulk Regulations.
A.
The following area and bulk regulations shall apply to single family
detached dwellings and other buildings on any tract developed pursuant
to this Part:
(3)
Minimum setback from the future right-of-way of any street shall be not less than 20 feet. Where such public rights-of-way are not dedicated, setbacks shall be measured as if rights-of-way with dimensions conforming to the requirements of the Subdivision and Land Development Ordinance [Chapter 22] had been established.
(4)
Maximum building height shall not exceed 35 feet.
(5)
Minimum net lot area: 10,000 square feet.
[Added by Ord. 2015-02, 7/28/2015]
[Ord. 2002-06, 11/11/2002, § 1305; as added by
Ord. 2007-07, --/--/2007, § 3]
1.
General Development Standards.
A.
All applicable standards provided in Parts 14, 16, 17, 18, and 19
shall apply to any development utilizing the open space design option.
B.
All proposed dwelling units in a development utilizing the open space
design option shall be situated so that they are set back a minimum
of 50 feet from the predevelopment perimeter boundary of the tract.
Except where specifically approved through the conditional use process,
principal buildings shall be located no less than 10 feet from any
lot line; accessory buildings shall be located no less than five feet
from any lot line; and, in no case shall zero-lot lines be allowed
for either principal or accessory buildings. Existing dwellings and
dwellings resulting from the conversion of existing buildings shall
be exempt from this requirement.
C.
While conformance to the area and bulk regulations in Subsection 4, is not dependent upon any specific minimum lot area or dimensions, the applicant shall be required to demonstrate to the satisfaction of the Board of Supervisors, that any lots established under the provisions of this section are of appropriate size and shape, relative to the following:
(1)
The size and types of dwellings to be erected thereon.
(2)
Establishment of suitable private yard areas for all residences.
(3)
Management of any adjacent open space areas.
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In addition, lots shall meet the requirements for net lot area, particularly the required contiguous land area unencumbered by environmentally constrained lands. Lots proposed to utilize on-lot sewage disposal and water supply systems shall be of sufficient size to accommodate the separation distance requirements as specified in the Township Subdivision and Land Development Ordinance [Chapter 22].
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D.
Placement of buildings and design of internal circulation systems
shall minimize adverse impact to existing Township roads including,
but not limited to, placement of buildings in or near line of sight
triangles or placement of new street intersections at unsafe points
on Township roads.
E.
Architectural Design. It is not the intention of the Township to
govern specific architectural design, nor to link conditional use
approval to any specific architectural design criteria. However, the
Township wants to promote a consistency in architecture between the
design of the development and the implementation of the development
on a given tract of land. In this context, the following standards
apply:
(1)
The applicant shall provide architectural renderings illustrating
the general character of the intended exterior design, including principal
exterior materials of dwellings.
(2)
Where the Board determines that architectural design as presented
by the applicant is an essential means by which the proposed development
complies with the objectives of this Part, the Board may require,
as a condition of conditional use approval, establishment of appropriate
means to guarantee general adherence to the intended architectural
character.
(3)
The applicant shall address proposed means of long-term maintenance
of exterior building facades and landscaping to the satisfaction of
the Board including where applicable, establishments of covenants
and/or homeowners association documentation. In granting conditional
use approval, the Board may establish appropriate conditions to require
provision for long-term maintenance of exterior building facades and
landscaping.
(4)
The applicant shall demonstrate to the satisfaction of the Board
that the intended architectural character is compatible with the surrounding
neighborhoods or is adequately screened from view from neighboring
properties.
F.
Stormwater Management. A preliminary written analysis describing how stormwater will be handled on the site shall be submitted with the conditional use application for review. Such an analysis shall incorporate preliminary design calculations to demonstrate substantial compliance with the stormwater management requirements of the Subdivision and Land Development Ordinance [Chapter 22]. This preliminary analysis shall be prepared by a professional engineer registered in Pennsylvania.
2.
Historic Resources.
A.
Historic resources shall be preserved, to the greatest degree feasible, through incorporation into development plans and design, including historic structures, ruins or sites, historic road or other transport traces, paths and trails, and any other historic landscape features. Historic dwellings preserved with the development of properties through the open space design option shall be exempted from the total dwelling calculation for the property. For purposes of this section, historic dwellings comprise original farmhouses on farmsteads or residential dwellings, but excluding tenant apartments or accessory dwellings; such historic dwelling shall be as identified on the Historic and Resources Map as part of Part 24, "Historic Preservation.".
B.
The restrictions of Subsection 4A(4), relating to structures within 25 feet of required common open space, shall not apply to the historic dwelling or structures accessory to the historic dwelling, subject to the following:
(1)
The historic dwelling including related accessory buildings
shall be located on a separate lot.
(2)
The minimum lot area shall be two acres, and the maximum lot
area shall be 10 acres unless in the discretion of the Board of Supervisors
a lot area greater than 10 acres is deemed to be more desirable under
the specific circumstances.
(3)
The lot shall be deed restricted from further subdivision and
from any additional dwelling, and the final, recorded subdivision
plan shall contain a note with such restrictions.
(4)
Accessory uses and structures shall be permitted on the lot
in accordance with the underlying zoning district regulations, subject
to the restriction against any additional dwelling.
3.
Open Space and Natural Resource Protection Standards. In utilizing the open space design option, the proposed design shall limit disturbance of all open space and natural resources identified in the required site analysis and environmental impact assessment and accompanying material submitted in accordance with Part 14 and § 27-1814.
A.
The applicant shall comply with the specific objectives of the East
Fallowfield Township Open Space, Recreation and Environmental Resources
Plan (1993) and the Lower Brandywine Scenic Rivers Evaluation and
Management Study (1987).
B.
The plan shall comply with the natural resource protection standards
of Part 14.
C.
The applicant shall demonstrate maximum conservation of scenic views
from public roads and neighboring residential properties by utilizing
existing vegetation, structures, changes in topography or providing
landscaping to screen proposed development from view. In considering
conditional use approval, the Board may reduce screening requirements
where the applicant submits individual building design plans with
sufficient detail to demonstrate, in terms of how such buildings may
be viewed from public roads or neighboring residential properties,
reasonable replication of proportional relationships of form and massing
evident in existing historic resources, including ratios of height
to width, length of individual facade segment, roof pitch, relative
size and placement of windows, doors and other facade details. The
distance from point of public or neighboring view also may be considered
as a mitigating factor in review of plans for buildings within such
view.
4.
Open Space Designation and Management Standards.
A.
Areas designated as common open space shall be consistent with the East Fallowfield Township Open Space, Recreation and Environmental Resources Plan (1993). The location and layout of common open space shall be configured so as to serve residents adequately and conveniently and to promote adherence to resource protection standards in Subsections 2 and 3, and shall further conform to the following conditions:
(1)
No more than 30% of the gross required common open space area
shall be comprised of the features set forth in Subsection 1B.
(2)
A minimum of 15% of the minimum required unconstrained common
open space shall be designated and physically prepared, graded and
made ready for use for active recreational open space. The submitted
plan shall indicate the types of active recreational facilities and
activities to be provided, as part of the conditional use application
and review process.
(3)
A minimum of 5% of the minimum required unconstrained common
open space shall be comprised of civic greens which shall not exceed
8% slope in any direction, and shall be designed in accordance with
the examples in Appendix 27-13-A.
(4)
No building or structure on a lot shall be within 25 feet of
any common open space area.
(5)
No common open space shall be less than 45 feet in width or
depth in the narrowest dimension at any point.
(6)
No common open space shall be occupied by streets, parking areas, structures (other than those related to recreational use), maintenance areas or storage facilities associated with sewage disposal or water supply systems, or any above ground or below ground utilities, except as provided in Subsection 4B(5).
B.
Areas designated for open space purposes may be used for any of the
following:
(1)
Crop or pasture land, subject to submission of conservation
plan approved by the Chester County Conservation District.
(2)
Woodland, meadow, wetland, wildlife habitat, game preserve or
similar conservation oriented area.
(3)
Public or private outdoor active and passive recreation areas
for use by residents, provided such use is not for commercial purposes,
and provided the common open space is unconstrained.
(4)
Civic greens, provided the common open space is unconstrained.
(5)
Land application of wastewater, where the Board of Supervisors is satisfied that adequate provision(s) for the long-term management and maintenance of the wastewater system are guaranteed. Standards for placement and maintenance of community wastewater systems shall be as described in the general ordinances of the Township, and Subsection 8.
C.
Common open space shall be interconnected with common open space
areas on abutting parcels wherever possible. Provision for recreational
trail access is encouraged.
D.
Where deemed appropriate by the Board of Supervisors, common open
space areas dedicated to public use shall be provided with sufficient
perimeter parking, and with safe and convenient access by adjoining
street frontage or other rights-of-way or easements capable of accommodating
pedestrian, bicycle and maintenance vehicle traffic, and containing
appropriate access improvements.
E.
Community and public sewage systems (as depicted in Subsection 8), stormwater management and/or water supply facilities may be located entirely or partially within common open space areas. However, they will not be counted towards the required minimum common open space. Such facilities shall be placed for use by the specific development of and on the site where the open space is located. Where sewage service and/or water supply facilities are so located, easements satisfactory to the Board of Supervisors shall be established to require and enable maintenance of such facilities by the appropriate parties. Stormwater facilities shall demonstrate appropriate use of best management practices (as defined in the Pennsylvania Handbook of Best Management Practices for Developing Areas, (1998)).
F.
To the extent applicable, required common open space may be utilized to meet requirements of § 22-627, "Public Facilities and Open Space," of the Subdivision and Land Development Ordinance [Chapter 22], where all criteria of this section and § 22-627 are met, and shall be placed so as to be an essential component or focal point of the development design.
G.
Except to provide for permitted open space uses, common open space
shall be restricted from further subdivision or development by deed
restriction, conservation easement or other agreement in a form acceptable
to the Township, and duly recorded in the Office of the Recorder of
Deeds of Chester County.
H.
The provisions for ownership and maintenance of common facilities established in § 27-1812, shall apply to any common facilities and common open space created under this Part. In addition to the means of ownership permitted under § 27-1812, common open space may be retained in ownership by the applicant or may be transferred to other private parties, including a qualified land trust, subject to compliance with all standards and criteria for restricted open space herein as approved by the Board of Supervisors.
I.
Where development under the open space design option is planned to
occur in two or more development phases, a proportionate amount of
designated common open space shall be permanently recorded with each
phase.
5.
Required Open Space Management Plan.
A.
Any application for conditional use approval under this Part shall
contain a conceptual plan for the long-term management of the common
open space which is to be created as part of the development. Such
a plan shall be prepared by a landscape architect registered in Pennsylvania,
and shall include a narrative discussion of:
(1)
The manner in which the common open space will be owned and
by whom it will be managed and maintained.
(2)
The conservation, land management and agricultural techniques
and practices which will be used to conserve and perpetually protect
the restricted open space, including conservation plan(s) approved
by the Chester County Conservation District, where applicable.
(3)
The professional and personnel resources that will be necessary
in order to maintain and manage the property.
(4)
The nature of public or private access that is planned for the
restricted open space.
(5)
The source of money that will be available for such management,
preservation and maintenance on a perpetual basis.
B.
The adequacy and feasibility of this conceptual management plan, as well as its compatibility with the open space preservation objectives of Subsections 2 through 4, may be factors in the establishment of appropriate conditions of approval of the conditional use application by the Board of Supervisors. In addition, the Board of Supervisors shall require an escrow fund for open space maintenance be established until sufficient numbers of housing units are sold and the homeowners association has collected sufficient funds for maintenance.
C.
The conceptual management plan shall be transformed into a more detailed
open space management plan, which shall be prepared by a landscape
architect registered in Pennsylvania, and presented to the Township
for review and approval with the preliminary subdivision and land
development plan. The Board of Supervisors shall require that the
management plan be recorded, with the final subdivision and land development
plans, in the Office of the Recorder of Deeds of Chester County. In
order to allow for the changing needs inherent in the perpetual management
of land, the management plan shall contain a provision to the effect
that it may be changed by written application to the Board of Supervisors.
Approval of such application by the Board shall not be unreasonably
withheld or delayed, provided the proposed change is feasible and
consistent with the purposes of preservation of open space set forth
in this Part and provided the plan for such change avoids a likelihood
of the obligation for management and maintenance of the land falling
upon the Township without the consent of the Board of Supervisors.
6.
Open Space Performance Bond. All landscape improvements, plantings, accessways, recreational facilities, and civic greens within designated open space areas shall be provided by the developer. A performance bond or other securities shall be required to cover costs of all installation of proposed improvements in the common open space area. The performance bond or other security shall be in the same form and adhere to the same conditions as otherwise required for proposed improvements under § 22-412 of the Subdivision and Land Development Ordinance. An appropriate portion of the performance bond or other security will be applied by the Township should the developer fail to install the landscape, planting, accessways, recreational facilities, and civic greens.
7.
Standards and Criteria for Individual Sewage Disposal Leaching Field
Within Common Open Space.
A.
No leaching field shall be permitted in a significant woodland, as
described in Subsection 1B(1).
B.
No leaching field shall be located on a slope that is 12% or steeper.
C.
No leaching field shall be within any Flood Hazard District, wetlands,
and Zone One riparian buffer.
D.
Leaching fields shall be separated by a minimum distance from the
following features:
E.
A reserved replacement area for all leaching fields shall be designated
to provide a backup area if ever needed in the future.
F.
A declaration of covenants, easements and restrictions shall be submitted
by the applicant for review by the Township Solicitor. Said declaration
shall set forth the management and maintenance requirements for any
individual off-lot sewage disposal system.
8.
Standards and Criteria for Community and Public Sewage Disposal Systems
Within Common Open Space.
A.
No community and public sewage disposal system shall be permitted
on a significant woodland, as described in Subsection 1B(1).
B.
No community and public sewage disposal system shall be permitted
in a visually significant landscape, as described in Subsection 1B(2).
C.
No community sewage disposal shall be permitted on a slope that is
12% or steeper.
D.
No community sewage disposal shall be within any Flood Hazard District,
wetlands, and Zone One riparian buffer.
E.
All community and public sewage disposal systems shall be contained
in a rectangular-shaped area that is defined by metes and bounds,
and shall not be in irregular strips of land.
F.
Community sewage disposal systems shall be separated by a minimum
distance from the following features:
G.
A reserved replacement area for all community sewage disposal systems
shall be designated to provide a backup area if ever needed in the
future.
H.
A declaration of covenants, easements and restrictions shall be submitted
by the applicant for review by the Township Solicitor. Said declaration
shall set forth the management and maintenance requirements for any
community sewage disposal system.
