[Ord. 2005-9, 12/29/2005, § 1301]
The provisions in this Part are intended to achieve residential site designs on selected tracts within East Nottingham Township that retain a significant portion of the buildable land as permanently protected open space through reduced lot area and other dimensional requirements and the opportunity to construct a mix of dwelling types. Under these terms, the Township seeks to create effective buffers between new residential neighborhoods and working farmland on and adjoining those tracts. The retained open space development option also is established to maximize the advantage of community or public sewage facilities and central water supply in shaping efficient land use in combination, the results are meant to help the Township protect its agricultural base and rural character.
[Ord. 2005-9, 12/29/2005, § 1302]
1. 
Any proposed development that meets all of the following site characteristics may be designed in accordance with the terms for retained open space development, as contained in this Part:
A. 
The proposed tract is in the R-2, R-3, or I-2 District.
B. 
The tract contained a gross area of five acres or more as of November 18, 2002.
C. 
The dwellings will be served by community or public sewage facilities and community water service.
[Ord. 2005-9, 12/29/2005, § 1303]
1. 
The following uses are permitted on a tract utilizing retained open space development, consistent with the terms of this Part:
A. 
Single-family detached dwellings.
B. 
Two-family dwellings.
C. 
Multi-family dwellings, including quadraplex, townhouse, and apartment structures.
D. 
Mobile home parks, in the R-2 District only.
E. 
Permanently protected open space land.
F. 
Uses customarily accessory to residential and/or open space uses.
[Ord. 2005-9, 12/29/2005, § 1304; as amended by Ord. 2011-26, 10/17/2011, § 20]
1. 
On any tract meeting the eligibility criteria in § 27-1302, above, residential development shall be permitted under the terms of retained open space development. The type or types of dwellings and the maximum number of dwelling units permitted on the tract shall be determined as follows:
A. 
On any tract proposed for development, not less than 50% of the proposed dwellings shall be single-family detached. Up to 50% of the remaining dwellings may be two-family, multi-family and/or, in the R-2 District only, mobile homes within a mobile home park.
B. 
Where the tract is proposed to be developed with single-family detached dwellings only, the maximum number of such dwellings permitted shall be determined by establishing the net tract area, as defined by this chapter, and multiplying the resulting net acreage by 1.7.
C. 
Where a portion of the tract is proposed to be developed with two-family or multi-family dwellings or a mobile home park use, the maximum number of dwellings permitted on the tract shall be determined as follows:
(1) 
Multiply the net tract area by the percentage of the proposed total number of dwelling units represented by single-family detached dwellings, and multiply that result by 1.7 to establish the maximum number of single-family detached dwellings permitted.
(2) 
Multiply the net tract area by the percentage of the proposed total number of dwelling units represented by two-family and/or multi-family dwellings, and multiply that result by 2.0 to establish the maximum number of two-family and/or multi-family dwellings permitted.
(3) 
In the R-2 District only, multiply the net tract area by the percentage of the proposed total number of dwelling units represented by mobile homes within a mobile home park, and multiply that result by 1.7 to establish the maximum number of mobile home dwellings permitted within the mobile home park.
[Ord. 2005-9, 12/29/2005, § 1305]
1. 
Residential uses in a retained open space development shall comply with the following minimum (or maximum, where noted) requirements, as applicable to the type of dwelling unit:
A. 
Single-Family Detached Dwellings.
(1) 
Net lot area: 10,000 square feet.
(2) 
Lot width at street line: 25 feet.
(3) 
Lot width at building setback line: 90 feet.
(4) 
Lot depth: 110 feet.
(5) 
Front yard: 20 feet.
(6) 
Side yard: 10 feet, each.
(7) 
Rear yard: 35 feet.
(8) 
Protected open space: as specified in § 27-1310, Subsection 1A.
(9) 
Maximum amount of impervious surface: as specified in § 27-1308.
B. 
Two-Family Dwellings.
(1) 
Net lot area: 7,500 square per dwelling unit.
(2) 
Lot width at street line: 25 feet per dwelling unit.
(3) 
Lot width at building setback line: 65 feet per dwelling unit.
(4) 
Lot depth: 110 feet.
(5) 
Front yard: 20 feet.
(6) 
Side yard: 10 feet per yard.
(7) 
Rear yard: 35 feet.
(8) 
Protected open space: as specified in § 27-1310, Subsection 1A.
(9) 
Maximum amount of impervious surface: as specified in § 27-1308.
C. 
Townhouse and Quadraplex Structures.
(1) 
Net lot area (or equivalent area for non-fee simple units): 3,200 square feet per dwelling unit.
(2) 
Width of unit: 20 feet.
(3) 
Yard dimensions (for fee-simple units; comparable building placement shall be achieved for condominium or rental units, and compliance with the building setback and separation standards of this section shall be required for all structures):
(a) 
Front yard: 20 feet.
(b) 
Side yard: 15 feet.
(c) 
Rear yard: 35 feet.
(4) 
Distance between townhouse structures: 40 feet.
(5) 
Setback from any tract boundary: 50 feet.
(6) 
Maximum length of any townhouse structure: 150 feet.
(7) 
Protected open space: as specified in § 27-1310, Subsection 1A.
(8) 
Maximum amount of impervious surface: as specified in § 27-1308.
D. 
Apartment Buildings.
(1) 
Setback from any tract boundary: 50 feet.
(2) 
Distance between buildings: 40 feet.
(3) 
Maximum length of any building: 150 feet.
(4) 
Amount of net tract area per apartment unit: 3,000 square feet.
(5) 
Protected open space: as specified in § 27-1310, Subsection 1A.
(6) 
Maximum amount of impervious surface: as specified in § 27-1308.
E. 
Mobile Home Park.
(1) 
Net lot area for each mobile home: 8,000 square feet.
(2) 
Lot width at street line: 80 feet.
(3) 
Distance between buildings: 30 feet.
(4) 
Distance of any mobile home from any public or private street right-of-way or tract boundary: 50 feet.
(5) 
Protected open space: as specified in § 27-1310, Subsection 1A.
(6) 
Maximum amount of impervious surface: as specified in § 27-1308.
(7) 
A mobile home park shall be subject to the standards in Part 7 of the East Nottingham Township Subdivision and Land Development Ordinance [Chapter 22].
[Ord. 2005-9, 12/29/2005, § 1306]
1. 
There shall be a minimum separation of 100 feet between any residential structure within the retained open space development and: (A) any R-1 Zoning District boundary or other agricultural zoning district boundary; (B) any portion of the proposed protected open space on the tract that is to be used for agricultural purposes in accordance with § 27-1310, Subsection 1D(3); and (C) any land not in the R-1 District or any other agricultural zoning district that is permanently restricted by conservation easement or similar perpetual limitation to agricultural use.
2. 
Where some or all of the proposed protected open space on the tract is to be used for agriculture in accordance with § 27-1310, Subsection 1D(3), such use shall be a factor in the design of the site for residential purposes. Proposed dwelling units, roads, and sewage facilities shall, where feasible and practical, be located so as to minimize disturbance to the tract's Class I, Class II, and/or Class III agriculturally-suitable soils, as those soils are designated in the Soils Survey of Chester and Delaware Counties (U.S. Dept. of Agriculture, 1963, as amended and updated).
[Ord. 2005-9, 12/29/2005, § 1307]
1. 
For single-family detached and two-family dwellings, attached garages with doors facing the street shall be set back a minimum of 25 feet.
2. 
The setback requirement in Subsection 1, above, shall not apply to a side-loaded garage, the minimum front yard setback for which shall be the same as that required for the dwelling.
3. 
The side and rear wall of a garage not attached to a dwelling unit shall be set back from any side or rear property line a minimum of 10 feet, notwithstanding any other provision of this chapter.
[Ord. 2005-9, 12/29/2005, § 1308]
1. 
Impervious surfaces shall not exceed the following maximum amounts:
A. 
Single-family detached dwellings: 40% of the net area of the lot.
B. 
Two-family dwellings: 45% of the net area of the lot.
C. 
Quadraplex or townhouse dwellings: 50% of the net area of the lot.
D. 
Apartments: 60% of the minimum tract area required for the number of apartment units proposed, as prescribed in § 27-1305, Subsection 1D(4).
E. 
Mobile homes: 45% of the net area of the site.
[Ord. 2005-9, 12/29/2005, § 1309]
1. 
Sewage and Water Supply Systems.
A. 
Any tract to be developed as a retained open space development shall be served by public or community sewage facilities. Such facilities shall be:
(1) 
Provided through direct connection to the Oxford Area Sewer Authority (OASA) central system of wastewater collection, treatment, and disposal.
(2) 
Where connection to the OASA system is not feasible at the time of application, provided by a self-contained community sewage system constructed by the applicant.
B. 
Of the alternatives presented in Subsection A(1), above, direct connection to the OASA system shall be utilized where the site of the proposed retained open space development is within the service area designated in the OASA Act 537 Sewage Facilities Plan, the system has available capacity to serve the wastewater needs of the site, and the OASA conveyance system is available to the site or can be reasonably extended by the applicant.
C. 
Where the conditions in Subsection 1B, above, do not exist, the applicant shall construct a self-contained community sewage system to serve the site. Design and construction of the system shall be in compliance with the applicable standards for "Community Treatment/Disposal Systems" contained in Chapter V, Standard Specifications, of the most recent edition of the Rules and Regulations of OASA. Upon construction, such system shall be dedicated to OASA, which will then own, operate, and maintain said system.
D. 
A self-contained community system shall be designed in accordance with the preferred treatment and disposal methods stipulated in the OASA Act 537 Sewage Facilities Plan, and shall comply with all applicable requirements of the East Nottingham Township Subdivision and Land Development Ordinance [Chapter 22], OASA, and the Pennsylvania Department of Environmental Protection. In consultation with OASA, the system shall be constructed to enable future connection to the OASA central system or to remain a self-contained community system serving, at minimum, the subject tract.
E. 
Dwellings within a retained open space development shall be served by a central water supply system, subject to all applicable requirements of the East Nottingham Township Subdivision and Land Development Ordinance [Chapter 22], the Chester County Health Department, the Pennsylvania Department of Environmental Protection, and/or the Pennsylvania Public Utilities Commission.
2. 
Street Trees. Street trees shall be provided in accordance with the terms of § 22-507, Subsection 1C, of the Township Subdivision and Land Development Ordinance [Chapter 22]. Unless shown to be clearly impractical or infeasible, the applicant shall select native tree species from among those listed in Appendix 1: Recommended Street Tree Species, of this chapter.
3. 
Screening Requirements.
A. 
All residential uses shall be screened from adjacent parking lots and active recreation areas on the tract. The method of screening shall be as required in § 22-507, Subsection 1A(3), of the Township Subdivision and Land Development Ordinance [Chapter 22].
B. 
Except where used for agricultural purposes, any area of protected open space to be located adjacent to an existing agricultural operation shall be physically separated from such operation through fencing, hedgerow, or other means acceptable to the Township.
4. 
Off-Street Parking.
A. 
Notwithstanding the requirements of Part 19 of this chapter, the minimum number of residential off-street parking spaces required on any lot or tract in association with dwelling units in a retained open space development shall be equal to the number of bedrooms contained in the dwelling unit(s) on the lot or tract. Each required parking space shall have minimum dimensions of 10 feet by 20 feet.
B. 
Required parking spaces may be provided within garages and in driveways. Any use of a driveway for parking shall not encroach upon any public sidewalk traversing the lot.
C. 
Any parking associated with a recreation area may be located within the protected open space. Off-street parking shall be provided adjacent to active or passive recreation areas, with the number of spaces being subject to approval by the Board of Supervisors and based upon the character and intensity of the active and/or passive recreation use.
5. 
Mitigation of Traffic Impacts. An applicant proposing a retained open space development shall demonstrate the feasibility of any measures necessary to prevent traffic congestion and hazards that could otherwise result from the development, and shall be responsible for accomplishing such measures. As part of an application for subdivision approval, the applicant shall submit a traffic impact study when required by § 22-513 of the Township Subdivision and Land Development Ordinance [Chapter 22].
[Ord. 2005-9, 12/29/2005, § 1310; as amended by Ord. 2011-26, 10/17/2011, § 21]
1. 
The following requirements shall govern the protected open space to be established as part of the retained open space development. These requirements shall supersede the standards in § 22-512 of the East Nottingham Township Subdivision and Land Development Ordinance [Chapter 22], where those standards may be inconsistent or in conflict with the requirements of this section:
A. 
Minimum Amount of Protected Open Space. The minimum area required for permanently protected open space land shall be calculated in relation to the types of dwellings and the percentage of the total number of dwelling units represented by each dwelling type:
(1) 
Where the tract is to be developed with single-family detached dwellings only, the minimum amount of protected open space shall be not less than 40% of the gross tract area.
(2) 
Where the tract is to contain a combination of dwelling types, including two-family, multi-family, and/or mobile homes in a mobile home park, in addition to single-family detached, the minimum amount of protected open space shall be determined as follows:
(a) 
Multiply the gross tract area by the percentage of the total number of dwelling units represented by the number of dwelling units of the various dwelling types proposed, e.g., 50% single-family detached, 20% townhouse, 30% apartment.
(b) 
For that portion of the gross tract area represented by single-family detached dwellings, as determined by clause(a), above, an area not less than 40% of that portion of the tract shall be protected open space.
(c) 
For that portion of the gross tract area represented by two-family dwellings, as determined by clause (a), above, an area not less than 45% of that portion of the tract shall be protected open space.
(d) 
For that portion of the gross tract area represented by quadraplex or townhouse dwellings, as determined by clause (a), above, an area not less than 50% of that portion of the tract shall be protected open space.
(e) 
For that portion of the gross tract area represented by apartment dwellings, as determined by clause (a), above, an area not less than 55% of that portion of the tract shall be protected open space.
(f) 
For that portion of the gross tract area represented by mobile home dwellings within a mobile home park, as determined by clause (a), above, an area not less than 50% of that portion of the tract shall be protected open space.
(g) 
The minimum total amount of protected open space required on the tract shall be the sum of the calculations under clauses (b) through (f), above, as applicable. This total amount of protected open space shall be subject to the design standards of this section.
B. 
Recreation Lands and Facilities.
(1) 
Land and, as deemed appropriate by the Board of Supervisors, facilities suitable for active recreation shall be provided to serve the residents of any retained open space development. The location, type, and design of such recreation areas shall be subject to approval of the Board.
(2) 
Not less than 5% of the area designated as protected open space or one acre, whichever is greater, shall be suitable and set aside for active recreation, unless the Board specifically approves a lesser amount of land in response to the applicant's alternative plan for the protected open space. The Board, as it deems necessary and appropriate, also may accept a fee in lieu of some or all of the otherwise required active recreation land and/or facilities, consistent with the terms of § 22-512 of the Township Subdivision and Land Development Ordinance [Chapter 22]. In evaluating any proposed alternative plan for the protected open space, the Board shall weigh the degree to which it meets the active recreation needs of the proposed development's intended residents, its consistency with the Township Open Space, Recreation, and Environmental Resources Plan, and the opportunity it presents to retain prime agricultural land in farming use or to buffer and separate existing farmland from new dwellings.
(3) 
Active recreation areas should include neighborhood scale park areas designed especially for the ages and needs of the prospective new residents, e.g., tot lots; fitness trails; basketball, volleyball, and tennis courts, informal playing fields; swimming pools; and playgrounds. Active recreation also may include agricultural activities in the form of "community gardens" for the residents of the development, provided that no more than 20% of the area designated for active recreation is utilized as such.
(4) 
In addition to the active recreation area, the applicant is encouraged to include areas for passive recreation such as cycling, hiking, picnics, nature study, tot lots, jogging, equestrian, and pedestrian trails; such areas should require minimal site preparation.
(5) 
Active and passive recreation areas within the protected open space are intended to serve, and should be accessible to, all residents of the development. Unless clearly infeasible, access should be by a greenway trail, sidewalk, or similar linkage, and there should be no need to travel within a street cartway or upon private property to reach recreation areas.
C. 
Protection of Natural Features. Natural features such as woodlands, steep slopes, rock outcrops, wetlands, hydric soils, floodplains, riparian corridors, and similar areas needing protection from disturbance shall remain in a natural state to the maximum extent feasible and consistent with the requirements of this chapter and other applicable regulations. All such features shall be shown on the plan and incorporated into the protected open space, or otherwise protected to the extent, and through measures, deemed acceptable to the Township.
D. 
Open Space Uses. Protected open space land may contain and be used for:
(1) 
Land surrounding historically significant structures and sites.
(2) 
Active and passive recreation, as described in Subsection 1B.
(3) 
Agriculture including, but not limited to, the cultivation of nursery stock or orchard trees, but exclusive of retail sales; provided, however, that intensive agricultural uses, including mushroom production, poultry and swine production, and concentrated animal feeding operations, are not permitted:
(a) 
Except as otherwise provided in clause (c), below, agricultural use of protected open space shall comply with the standards for agricultural use contained in § 27-503, Subsection 1A, of this chapter.
(b) 
When protected open space is to be used for agriculture, one farm dwelling may be located within the area of protected open space. Such dwelling shall be included in the calculation of the maximum number of dwellings permitted on the tract as part of the clustered residential development and shall be in compliance with the terms of § 27-503, Subsection 1A, of this chapter.
(c) 
Except in the R-1 and R-1A Districts, the opportunity for a second dwelling, as provided in § 27-503, Subsection 1A, shall not be available in areas of protected open space.
(d) 
The terms of § 27-505 of this chapter regarding the split-off of lots from agricultural properties shall not be applicable to areas of protected open space.
(4) 
Woodland, meadow, floodplain, steep slope, wetland, hydric soil, or similar conservation purpose.
(5) 
Spray and drip irrigation wastewater systems.
(6) 
Stormwater management facilities.
E. 
Sewage and Stormwater Facilities in Open Space. Where portions of the protected open space are to be used for sewage and/or stormwater management facilities, the area devoted to such facilities shall not be eligible for calculating the minimum required open space area for the tract that is stipulated in Subsection 1A. Where sewage and/or stormwater management facilities are located within the protected open space, easements shall be established to require and enable maintenance of such facilities by the appropriate parties.
F. 
Open Space Dimensions and Design.
(1) 
No individual segment of protected open space shall have an area less than one acre or 10% of the gross tract area, whichever is less, nor a width less than 100 feet at any point, except that the minimum area may be reduced to not less than 10,000 square feet and/or the minimum width may be reduced to not less than 15 feet where:
(a) 
The land is being used solely as a trail connector between areas of open space and/or residential development; either on or adjacent to the tract.
(b) 
The Board of Supervisors determines that, in specific locations, smaller and/or more narrow segments of open space better accommodate site design objectives and do not detract from the functional, recreational, and/or resource protection values of the overall open space area.
(2) 
In determining appropriate dimensions and site design factors, the Board shall place particular emphasis on:
(a) 
Accomplishing maximum protection for existing and potential agricultural uses, both on and adjacent to the site, from the impacts of the proposed residential use by locating non-agricultural protected open space and retaining significant existing vegetation to serve as a buffer between the two uses.
(b) 
Buffering stream corridors and existing street frontages with well-designed and located open space areas.
(c) 
Buffering along property lines adjacent to existing nonresidential uses or nonresidential zoning districts.
(d) 
Enabling interconnections with trails and/or open space areas on abutting properties or with potential future trail routes shown as part of a Township trail network.
(3) 
Other than for emergency or maintenance purposes or necessary farm equipment in relation to agricultural uses, no motorized vehicles shall be permitted within areas of protected open space and no trail shall be designed with the intent to accommodate motorized vehicles.
G. 
Protection of Open Space by Conservation Easement.
(1) 
All areas designated as protected open space shall be subject to a conservation easement restricting further subdivision or development of the open space and setting forth the terms for use, conservation, and maintenance as established by the Board of Supervisors. The easement shall not impose limits on agricultural practices and uses within the protected open space.
(2) 
Such easement shall be granted in favor of a qualified conservation organization, homeowners association, or other party acceptable to the Board of Supervisors or, at the Board's discretion, shall be granted to the Township. The Township shall be under no obligation to accept easements on protected open space.
(3) 
Such easement shall be recorded in the office of the Recorder of Deeds of Chester County and noted on the final plan, as recorded.
H. 
Ownership of Open Space Areas.
(1) 
Protected open space may be owned, managed, and maintained by one or a combination of the following methods, subject to the approval of the Board. Methods of ownership, management, and maintenance are presented here in order of Township preference:
(a) 
By a private individual, including the owner of the tract at the time it is proposed for retained open space development, or by a private or nonprofit land trust or similar conservation organization acceptable to the Board.
(b) 
In common, among the owners of the newly created residential lots.
(c) 
Specifically designated and included within the lot lines of one or more of the individual lots, in which case that portion of the lot shall be subject to the terms of the conservation easement as stipulated in Subsection 1G; not more than 20% of the total amount of protected open space within the tract may be owned under this method.
(d) 
By the Oxford Area Recreation Authority, where such ownership is proposed to the Authority by the Township and is formally accepted by vote of the Authority Board.
(e) 
By the Township, where the Board determines, in its sole discretion and following review and comment by the Township Planning Commission, that acceptance of dedication of some or all of the protected open space is the most effective means of achieving important Township open space objectives.
(2) 
Where any of the protected open space is to be owned in common among the lot or dwelling unit owners, a homeowners association shall be formed. Such homeowners association shall be governed by the following regulations:
(a) 
The owner or applicant proposing to establish a homeowners association shall provide to the Township a description of the organization, including its by-laws and documents governing maintenance requirements and use restrictions for the open space. The terms and conditions of such by-laws and documents shall be subject to the review and approval of the Township.
(b) 
The association shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) prior to the sale of any lots or dwelling units within the development.
(c) 
Membership in the association shall be mandatory for all purchasers of dwelling units within the development, and for their successors.
(d) 
Except where modified under terms of a lease, as authorized by clause (i), below, the association shall be responsible for maintenance of and insurance on the protected open space. Where the Township determines that the homeowners association or other responsible party has failed to maintain the land in accordance with the management plan required by Subsection 1I, the Township shall have the right to assume maintenance responsibilities in the manner prescribed for planned residential developments in § 705(f) of the Municipalities Planning Code, 53 P.S. § 10705(f).
(e) 
Unless demonstrated by the applicant to be infeasible, he shall arrange with the Chester County Board of Assessment a method of assessment of the protected open space which will allocate to each tax parcel in the development a share of the total assessment for such open space.
(f) 
The members of the association shall share equitably the costs of maintaining, insuring, and managing the protected open space, in accordance with procedures established for the association.
(g) 
In the event of any proposed transfer of the protected open space by the homeowners association, or the assumption of maintenance of the open space by the Township, notice of such action shall be given to all members of the homeowners association by said association. Any proposed transfer of ownership of the protected open space by the homeowners association shall be subject to prior review and approval by the Board of Supervisors.
(h) 
The association shall have or hire adequate staff, as necessary, to manage and maintain the protected open space.
(i) 
The homeowners association may lease back some or all of the protected open space lands to, or enter into a contract with, the developer, his heirs or assigns, the owner of the tract prior to its development, a tenant farmer, or any other person or corporation qualified to operate, manage, and maintain the open space or an identified portion thereof for the purposes set forth in this chapter. The lease or contract shall be subject to the approval of the Township, as shall any transfer or assignment of the lease or contract. A copy of the lease or contract, as approved and executed, shall be filed with the Township.
I. 
Open Space Management Plan.
(1) 
As part of the preliminary subdivision plan for a retained open space development, the applicant shall submit a conceptual plan for the long-term management of the protected open space that is to be created as part of the development. Such a plan shall include discussion of:
(a) 
The manner in which the protected open space will be owned and by whom it will be managed and maintained.
(b) 
The conservation, land management, and agricultural techniques and practices which will be used to conserve and perpetually protect the open space, including conservation plans approved by the Chester County Conservation District where applicable.
(c) 
The professional and personnel resources that will be necessary in order to maintain and manage the property.
(d) 
The nature of public or private access that is planned for the protected open space.
(e) 
The source of money that will be available for such management, conservation, and maintenance on a perpetual basis.
(2) 
The conceptual management plan shall be transformed into a more detailed open space management plan and presented to the Township for review and approval as part of the final subdivision application. The Board of Supervisors may require that the detailed management plan be recorded with the final subdivision plan in the Office of the Recorder of Deeds of Chester County.
(3) 
In order to allow for the changing needs inherent in the perpetual management of land, the detailed management plan shall contain a provision allowing it to be changed upon written application to and approval by the Board of Supervisors, so long as the proposed change is feasible and consistent with the purposes of open space conservation and the plan for such change avoids the likelihood that the obligation for management and maintenance of the land will fall upon the Township without the consent of the Board.