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Township of Union, PA
Berks County
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The purpose of this article is to provide development and design standards for cluster developments containing single-family detached dwelling units. It is the intent of these standards to:
A. 
Provide an optional approach to community development with provisions to permit more efficient utilization of land and of community facilities and services.
B. 
Encourage innovative single-family residential land development that will conserve open space and environmental amenities.
C. 
Protect environmentally sensitive areas from development pressures.
D. 
Create useful parks, plazas, and passive open spaces adjoining and integral to home sites and neighborhoods.
E. 
Create useful low-intensity outdoor recreation uses and medium intensity outdoor recreation uses.
A. 
Eligibility.
(1) 
Cluster developments containing single-family dwelling units are permitted by-right SR Zoning Districts.
(2) 
The development shall contain a minimum contiguous land area of four acres.
(3) 
The development shall be serviced by public sewage disposal facilities and by a public water supply system.
(4) 
A minimum of 50% of the gross area of the development shall be set aside as common open space. No more than 50% of the common open space shall be located on lands within the Environmental Protection Overlay District (Article XII).
B. 
Density specifications.
(1) 
The cluster development shall not exceed the overall gross residential density that is conventionally permitted for development within the SR Zoning District.
(2) 
The area that is not utilized for lots shall be set aside as common open space.
(3) 
The area to be utilized and calculated for development purposes shall not include lands within the Environmental Protection Overlay District (Article XII).
C. 
Comprehensive Planning considerations.
(1) 
The development shall be designed with regard to the topographic and natural features of the site.
(2) 
All natural features should be preserved whenever possible.
(3) 
The development shall provide a planting screen along the property lines at the periphery of the development to protect the privacy of the adjacent residents. The planting screen shall be consistent with the standards specified under Chapter 172 of the Code of Union Township.
D. 
Area, yard and height regulations. Each of the following maximum and minimum dimensional requirements shall apply to single-family detached units within a cluster, development, except as specifically provided for in this chapter:
[Amended 3-21-2016 by Ord. No. 2016-01]
Minimum Regulations
Lot area
8,000 square feet
Lot width
70 feet
Building setback
40 feet
Rear yard
30 feet
Side yard total
20 feet*
One side
10 feet*
Common open space (development)
50%
Buffer yard depth (development)
10 feet
*
depends on housing type
Maximum Regulations
Building height
28 feet
Building coverage
25%
Woodland extraction (development)
40%
E. 
Supplementary regulations. All sections under Article XVI of this chapter shall apply as supplementary guidelines and specifications for cluster developments.
A. 
Requirements and specifications.
(1) 
A minimum of 50% of the gross area of the development shall be set aside as common open space. No more than 50% of the common open space shall be located on lands within the Environmental Protection Overlay District (Article XII).
(2) 
The common open space shall be planned and located as a contiguous accessible area within the development.
(3) 
The common open space shall not include areas that have been devoted to roads, utilities easements and/or stormwater management facilities.
(4) 
Significant natural features shall be incorporated into the overall schematic of the design as common open space areas whenever possible.
(5) 
The area devoted to common open space shall be comprised of areas not less than 50 feet in width and shall not contain less than one contiguous acre of land. In addition, there shall be at least one designated common area within the development containing no less than 30% of the required open space.
(6) 
For all common open spaces, satisfactory written agreements approved by the Union Township Board of Supervisors shall be consummated for the perpetual preservation of the common open spaces, in the form of a declaration of covenants, easements and restrictions.
B. 
Management and maintenance.
(1) 
The developer of the cluster development shall make arrangements, provisions and/or agreements to insure that the common open space shall continue to be adequately managed and maintained.
(2) 
The developer of the cluster development shall have the following options for ownership, management and maintenance of the common open space:
(a) 
Retain ownership and responsibility for the management and maintenance.
(b) 
Dedicate the land to a homeowners' association which is comprised of all the residents of the cluster development.
(c) 
Dedicate the land to the Township. The Township shall have the option to accept or refuse the land offered for dedication.
(3) 
If the common open space is dedicated to a homeowners' association, the developer shall file with the Township an acceptable declaration of covenants and restrictions that will govern the association.
Cluster developments shall be planned, designed and constructed in accordance with all pertinent procedures, provisions, standards and specifications that are identified in this chapter and Chapter 172, Subdivision and Land Development.