A.
In conformance with the Municipalities Planning Code, particularly
Section 604, Zoning Purposes, subsections (1), (3) and (5) and Section
605, Classifications, subsections (2) and (3), the purposes of this
article, among others, are as follows:
(1)
To provide for a diversity of lot sizes, building densities and housing
choices to accommodate a variety of age and income groups and residential
preferences, so that the community's population diversity may be maintained;
(2)
To implement adopted Township land use, transportation and community
policies, as identified in the Township's Comprehensive Plan;
(3)
To implement adopted Township policies to conserve a variety of irreplaceable
and environmentally sensitive resource lands as set forth in the West
Vincent Township Open Space and Recreation Plan, including provisions
for reasonable incentives to create a greenway system for the benefit
of present and future residents; and
(4)
To provide standards reflecting the varying circumstances and interests
of individual landowners and the individual characteristics of their
properties.
B.
In order to achieve these purposes, this article provides for flexibility
in designing new residential subdivisions by allowing five optional
forms of development (from which the landowner shall be required to
select one or, if permitted by the Township, more than one), referred
to as "tiers," as summarized below. These design options shall not
apply to lot line changes for parcels in existence prior to January
2, 1999, or created by any approved subdivision plan filed with the
Township prior to January 2, 1999. The reconfigured lots resulting
from the lot line changes to such parcels shall comply with the area
and bulk requirements set forth in Exhibit F to this chapter.[1]
(1)
Tier I subdivisions: relatively low density, providing for rural
residential uses with flexible and reduced design standards in instances
where a permanent conservation easement is offered to maintain such
uses;
(2)
Tier II subdivisions: moderate density, providing for rural-suburban
residential uses in conventional layouts of standard house lots and
streets;
(3)
Tier III subdivisions: higher density, providing for residential
uses and neighborhood greenway land in flexibly designed layouts with
(where appropriate) other improvements serving the community, such
as central water systems and community sewage disposal facilities;
and
(4)
Tier IV subdivisions: greater density, providing for residential
uses and a larger percentage of neighborhood greenway land in more
flexibly designed layouts with (where appropriate) other improvements
serving the community, such as central water systems and community
sewage disposal facilities.
[1]
Editor's Note: Appendix F, Area and Bulk Regulations –
1987 Zoning Ordinance, is an attachment to this chapter.
C.
The above options are all "as-of-right" alternatives and do not require conditional use or special exception permits. However, approval is subject to applications meeting certain design standards and performance standards contained in this chapter and in Chapter 315, Subdivision and Land Development, of the Township's Code. These options are intended to minimize impacts on environmental resources (sensitive lands such as wetlands, floodplains and steep slopes) and disturbance of natural or cultural features (such as mature woodlands, hedgerows and tree lines, critical wildlife habitats, historic buildings, and visual resources). In this way the Township will be better able to accommodate future growth with a minimal amount of land disturbance, in accordance with Township land use policies as articulated in the West Vincent Township Comprehensive Plan and the West Vincent Township Open Space and Recreation Plan.
A.
General. This article applies to all land within the R-2 Residential
District.
B.
Special conditions associated with Tier I subdivisions. Regulations
for Tier I subdivisions as set forth in this article apply to applicants
who intend to subdivide their land at reduced densities than otherwise
may be allowed under the provisions of the R-2 Residential District
and who voluntarily grant a permanent conservation easement on such
land to a qualified conservation organization.
C.
Provisions for long-range planning purposes. The design of all new subdivisions shall reflect consideration of potential impacts the proposed layouts could have on the future usability of and possible uses of the newly created parcels and the need to conform with the purposes of this chapter. All new subdivisions shall therefore meet the design requirements for Tier I, Tier II, Tier III or Tier IV developments (as described in § 390-30 below). Consideration shall be given to the ultimate layout to ensure that all zoning provisions can be met, particularly those involving greenways identified in the Township's Open Space and Recreation Plan. Toward this end, applicants shall complete an existing conditions and site analysis plan and shall also complete the first step of the five-step design approach identifying primary and secondary conservation areas, as described in Chapter 315, Subdivision and Land Development, of the Township's Code.
D.
Exemption for preexisting parcels less than 10 acres. If an applicant
is seeking to subdivide a parcel containing less than 10 acres as
of the effective date of this chapter, such shall be subdivided in
accordance with the area and bulk regulations which previously applied
to parcels in this zoning district per the West Vincent Township Zoning
Ordinance of 1987, as amended, which provisions are contained in Appendix
F, unless the applicant can demonstrate that subdividing the parcel
will comply with the greenway land requirements of this chapter, as
amended, in providing an interconnected greenway network of greenway
land, which is a principal objective of this chapter.
E.
Exemption for Act 319 subdivisions. If an applicant is seeking to
subdivide or effectuate a lot line change of a lot that has been approved
under, and is subject to the protection of, the Pennsylvania Farmland
and Forest Land Assessment Act of 1974, 72 P.S. § 5490.1
et seq. (commonly known as "Act 319" or the "Clean and Green Law"),
the minimum lot area and the maximum density shall be the lesser of:
the dimensional standards set forth in the tier design option selected
by the applicant or two acres (i.e., a minimum lot area of two acres
and a maximum density of one dwelling unit per two acres). All of
the foregoing shall be conditioned on the applicant complying with
all applicable requirements of Act 319.
A.
Uses by right. A building or structure may be erected, altered or
used, and a lot or premises may be used or occupied, for one of the
following purposes and no others:
(1)
Passive agricultural uses and buildings related to the same.
(2)
Woodlots, arboreta and other similar silvicultural uses.
(3)
Woodland preserve, game preserve, wildlife sanctuary, or other similar
conservation use.
(4)
Subject to compliance with the provisions of § 390-163, the breeding, raising or boarding of animals (excluding, however, the breeding, raising or boarding of pigs, which is expressly prohibited), provided that the minimum area of the tract on which the use is conducted shall not be less than 10 acres, except as otherwise expressly provided in § 390-163.
(5)
Essential services.
(6)
Single-family detached homes.
(7)
Single-family attached dwellings in Tier III and Tier IV developments,
subject to a maximum of four units within any single building and
a maximum of 33% of all dwelling units within the development.[1]
[1]
Editor's Note: Former Subsection A(8), which permitted planned
residential development and immediately followed this subsection,
was repealed 3-20-2023 by Ord. No. 204. This ordinance also redesignated
former Subsections A(9) through (12) as Subsection A(8) through A(11).
(9)
Low-intensity recreation use area.
(10)
Municipal building or use.
(11)
Bed-and-breakfast use on a lot of at least three acres, provided
that:
(a)
Host rentals. If the owner of the property will remain on site
during the entirety of the rental period, then no more than three
guest rooms may be let at any one time, with a maximum occupancy of
six guests. One improved off-street parking space per guest bedroom
must be provided.
(b)
Non-host rentals. If the owner of the property will not remain
on site during the entirety of the rental period, then the rental
period shall not exceed 15 consecutive days, and the number of overnight
guest stays shall not exceed 60 nights per year. One improved off-street
parking space per guest bedroom must be provided. The non-host rental
bed-and-breakfast must also remain incidental and secondary to the
principal residential use of the property.
(c)
The owner of a bed-and-breakfast use shall register with the
Township prior to commencement of the use and on or before the end
of January of each calendar year, providing the name, type of bed-and-breakfast
use, number of guest rooms, number of guest bedrooms, number of rental
nights in the prior year (in the case of a non-host rental bed-and-breakfast
use), and the emergency contact information of the property owner.
B.
Conditional uses. Any of the following uses may be permitted as a conditional use when authorized by the Board of Supervisors, subject to the standards established herein and the standards of § 390-219 of this chapter.
(1)
Commercial greenhouses, provided they are situated no less than 100
feet from an adjoining property line or public right-of-way.
(2)
Church or similar place of worship, including rectory or parish house.
(4)
Cemetery, provided that the parcel devoted to this use shall not
be less than 20 acres.
(5)
Governmental or public utility building or use; not to include business
facilities, storage of materials, trucking or repair facilities, the
housing of repair crews, private or municipal sanitary landfills.
(6)
Medium-intensity recreation use area. Clubs for swimming, golf, horseback
riding, tennis, or other racquet sports, provided that:
(a)
The minimum tract size is not less than 10 acres;
(b)
Each structure or building shall be clearly incidental to the
outdoor use;
(c)
Any club or lodge building and its services shall be for the
use of members and their guests only; and
(d)
Amusement parks, pitch and putt, miniature golf, go-cart tracks,
rifle ranges, or similar uses shall be prohibited. Driving ranges
shall be permitted only as part of a regulation golf course.
(e)
All outdoor uses or activities shall be conducted on and confined
to the premises.
C.
Uses by special exception. Any of the following uses may be granted as a special exception, when authorized by the Zoning Hearing Board, subject to the standards of § 390-228 of this chapter:
(1)
Educational, medical or religious uses, excluding correctional or penal institutions, but including schools, hospitals, animal hospitals, nursing or convalescent centers, in accordance with the standards contained in § 390-153.
(2)
Conversion of one or more farm buildings or structures existing at the effective date of this chapter, located in a cluster, or a close grouping of buildings or structures typically associated with a farm lot, into a single-family detached dwelling or multifamily dwelling, provided that the minimum total lot area for such a use shall be two acres for each dwelling unit so created, including the original single-family dwelling unit, and subject to the provisions of § 390-147.
D.
Accessory uses. The following accessory uses shall be permitted,
provided they are incidental to any of the foregoing permitted uses:
(1)
Customary residential accessory uses. The total impervious coverage of all structures associated with such accessory uses shall not exceed a maximum of 5% of the gross lot area, unless authorized by the Zoning Hearing Board as a special exception in accordance with § 390-228 of this chapter.
(2)
Customary agricultural accessory uses (including the raising, breeding, boarding of pigs, poultry and fowl) subject to compliance with the provisions of § 390-163.
(3)
Private, noncommercial greenhouses.
(6)
Roadside stands for the sale of farm products and in accordance with the provisions of § 390-162.
(7)
Private, noncommercial nursery.
(8)
Communications antennas mounted on an existing public utility transmission tower, existing building or other existing structure, and communications equipment buildings subject to the provisions of § 390-167 of this chapter.
(9)
Community recreation buildings or structures associated with a Tier
III or IV residential development.
E.
Combined approaches involving Tiers I, II, III and IV design. No
tract may be used for more than one of the permitted "tiers" of residential
development, unless it can be demonstrated to the satisfaction of
the Board of Supervisors that additional tiers on that tract would
comply with all the requirements of this chapter, and that they would
also conform with its purposes.
A.
General. The design of all new developments in the R-2 Residential
District shall be governed by the following minimum standards:
(1)
Ownership. The tract of land may be held in single and separate ownership
or in multiple ownership. However, when a tract is held in multiple
ownership, it shall be planned as a single entity with common authority
and common responsibility.
(2)
Site suitability. As evidenced by the existing conditions and site
analysis plan, the conceptual preliminary plan, and the detailed final
plan, the tract incorporating this design option shall be suitable
for such development in terms of environmental conditions, its size,
and configuration.
(3)
Intersections and access. New intersections with existing public
roads shall be minimized. Although two accessways into and out of
subdivisions containing more than 15 lots are generally required for
safety, proposals for more than two entrances onto public roads shall
be discouraged if they would unnecessarily disrupt traffic flow.
(4)
Sensitive area disturbance. The proposed design shall strictly minimize
disturbance of environmentally sensitive areas, as shown on the existing
conditions and site analysis plan. Lands within the one-hundred-year
floodplain, or having slopes in excess of 25%, and rock outcroppings
constitute such environmentally sensitive areas, where disturbance
shall be strictly minimized. Demonstration by the applicant that these
features will be protected by the proposed application shall be prerequisite
to approval of both the conceptual preliminary plan and the detailed
final plan.
(5)
Community wastewater systems. In developments that are proposed to
be served by community wastewater disposal systems, the selection
of wastewater treatment technique shall be based upon the Township's
Act 537 sewage facilities plan.
The following regulations shall apply to all residential uses
in the R-2 Residential District:
A.
Conformance with purposes. Site planning, including the layout of
lots, streets, structures and required greenway space shall be in
compliance with the purposes of this article and with the overall
purposes of this chapter.
B.
Maximum density and adjusted tract acreage. Maximum density shall be calculated through the adjusted tract acreage approach as described in § 390-8 of this chapter (except in Tier I developments, where total tract area may be counted, excluding only lands submerged for six or more months of the year, such as lakes and ponds).
C.
Area and bulk regulations in lieu of base zoning - "default setting." For the purposes of establishing nonconforming status for parcels in existence as of the effective date of this chapter or where provisions of this chapter require a minimum lot size or setback requirements, the minimum size for lots in this district shall be determined by Subsection G(1) below, and the setback requirements shall be determined by Subsection G(5) below.
D.
Dimensional standards for Tier I subdivisions.
(1)
Maximum density: one dwelling unit per 10 acres gross, except as
noted below.
(3)
Minimum required greenway land: 80% of total tract area.
(4)
Minimum lot area: none. Although no minimum lot size is prescribed, lots in Tier I subdivisions shall be designed to include a substantial proportion of greenway land. Design standards and requirements for greenway land are contained in Article XX of this chapter.
(5)
Minimum lot width at building setback line and frontage requirement.
(a)
Minimum lot width at building setback line: 150 feet.
(b)
All proposed lots shall possess at least 30 feet of frontage
on a street, country lane, or common driveway meeting Township standards.
Access strips to interior lots or flag lots shall not exceed 600 feet
in length, except where deemed necessary by the Township because of
site conditions or the depth of adjoining lots with road frontage.
The land area within the driveway access strips shall not be included
in the minimum required lot area.
(6)
Yard regulations. The builder or developer is urged to consider variations
in the principal building position and orientation, but shall observe
the following minimum standards:
(a)
Front yard. For principal buildings: 75 feet from the ultimate
right-of-way (or, in the case of an interior lot, the front lot line)
of existing public roads, 50 feet from the ultimate right-of-way of
new streets.
(b)
Rear yard: 50 feet minimum for principal buildings.
(c)
Side yard: 40 feet for principal buildings.
(d)
Setback from agricultural operations: 100 feet minimum for new
principal dwellings. Existing dwellings, new additions to existing
dwellings, and any new accessory structures shall be exempt from this
setback requirement.
(7)
Maximum impervious coverage by buildings, structures and impervious
surfaces. Maximum of 4% of adjusted tract acreage on entire subdivision
tract (e.g., maximum 17,424 square feet of coverage per house lot,
which may contain up to two ADUs, based upon a minimum ten-acre gross
density per principal residence). The calculation of impervious coverage
for the purposes of this provision shall not include impervious coverage
attributable to public sidewalks or driveways serving the lot (the
scope of such exclusion to include shared driveways but to exclude
discrete parking areas other than those directly in front of an approved
garage).
E.
Dimensional standards for Tier II subdivisions.
(1)
Maximum density. One dwelling unit per five acres of adjusted tract
acreage. From the net area thus calculated, 5% shall be deducted to
provide for street circulation, if applicable, prior to determining
density.
(2)
Minimum required greenway land: 65% of adjusted tract acreage, plus all primary conservation areas. The minimum greenway land shall remain undivided to the extent practical. Any required public land dedication in accordance with § 315-47C of Chapter 315, Subdivision and Land Development, of the Code of the Township of West Vincent shall be in addition to the foregoing minimum greenway land requirement.
(3)
Minimum lot area (net): none.
(4)
Minimum lot width at street line (frontage requirement).
(a)
Minimum lot width at building setback line for single-family
detached dwellings: 60 feet.
(b)
All proposed lots shall possess at least 30 feet of frontage
on a public or private street or common driveway meeting Township
standards. Access strips to interior lots or flag lots shall not exceed
350 feet in length, except where deemed necessary by the Board of
Supervisors owing to site conditions or the depth of adjoining lots
with street frontage. The land area within the driveway access strips
shall not be included in the minimum required lot area or in the minimum
required building envelope.
(c)
Minimum lot width at building setback line for single-family
attached dwellings: 24 feet.
(5)
Yard regulations. The builder or developer is urged to consider variations
in the principal building position and orientation but shall observe
the following minimum standards:
(a)
Front yard. For principal buildings: 75 feet from the ultimate
right-of-way (or, in the case of an interior lot, the front lot line)
of existing public roads, 50 feet from the ultimate right-of-way of
new streets.
(b)
Rear yard: 50 feet minimum for principal. On reverse-frontage lots, the provisions of § 390-136D shall prevail.
(c)
Side yard: 40 feet for principal buildings.
(d)
Setback from agricultural operations: 100 feet minimum for new
principal dwellings. Existing dwellings, new additions to existing
dwellings, and any new accessory structures shall be exempt from this
setback requirement.
(e)
Tract perimeter setback. All new buildings shall be set back not less than 60 feet from the tract perimeter unless an effective visual buffer exists; in which case, the Board of Supervisors may reduce the perimeter setback for structures to 50 feet. The Board may also require that such a buffer be created or amplified where existing vegetation does not provide effective visual screening in accordance with §§ 390-123C(5) and 390-139 of this chapter.
(6)
Maximum impervious coverage by buildings, structures and impervious
surfaces. Maximum of 15% of adjusted tract acreage on each lot, including
all buildings and impervious cover. The calculation of impervious
coverage for the purposes of this provision shall not include impervious
coverage attributable to public sidewalks or driveways serving the
lot (the scope of such exclusion to include shared driveways but to
exclude discrete parking areas other than those directly in front
of an approved garage).
F.
Dimensional standards for Tier III subdivisions.
(1)
Maximum density: one dwelling unit per 120,000 square feet of adjusted
tract acreage.
(2)
Minimum required greenway land: 55% of adjusted tract acreage, plus all primary conservation areas. This minimum greenway land shall generally remain undivided. Exceptions are permitted, however, allowing larger building lots with conservation easements in accordance with § 390-123 of this chapter.
(3)
Minimum lot area: none.
(4)
Maximum lot area: none.
(5)
Minimum lot width at building setback line and frontage requirement.
(a)
Minimum lot width at building setback line for single-family
detached dwellings: 60 feet.
(b)
All proposed lots shall possess at least 30 feet of frontage
on a public or private street or common driveway meeting Township
standards. Access strips to interior lots or flag lots shall not exceed
350 feet in length, except where deemed necessary by the Board due
to site conditions or the depth of adjoining lots with street frontage.
The land area within the driveway access strips shall not be included
in the minimum required lot area or in the minimum required building
envelope.
(c)
Minimum lot width at building setback line for single-family
attached dwellings: 24 feet.
(6)
Yard regulations. The builder or developer is urged to consider variations
in the principal building position and orientation but shall observe
the following minimum standards.
(a)
Front yard: 15 feet from the edge of pavement of new private
streets, 15 feet from the ultimate right-of-way of new public streets,
and 50 feet from the ultimate right-of-way of existing Township roads.
(b)
Rear yard: 30 feet minimum for principal buildings.
(c)
Side yard: 10 feet for principal buildings.
(d)
Setback from agricultural operations: 100 feet minimum for new
principal dwellings. Existing dwellings, new additions to existing
dwellings, and any new accessory structures shall be exempt from this
setback requirement.
(e)
Tract perimeter setback. All new structures shall be set back not less than 60 feet from the tract perimeter unless an effective visual buffer exists; in which case, the Board of Supervisors may reduce the perimeter setback for structures to 50 feet. The Board may also require that such a buffer be created or amplified where existing vegetation does not provide effective visual screening in accordance with §§ 390-123C(5) and 390-139B of this chapter.
(7)
Maximum impervious coverage by buildings, structures and impervious
surfaces. Maximum of 25% of adjusted tract acreage on each lot. The
calculation of impervious coverage for the purposes of this provision
shall not include impervious coverage attributable to public sidewalks
or driveways serving the lot (the scope of such exclusion to include
shared driveways, but to exclude discrete parking areas other than
those directly in front of an approved garage).
G.
Dimensional standards for Tier IV subdivisions.
(1)
Maximum density: one dwelling unit per 100,000 square feet of adjusted
tract acreage.
(2)
Minimum required greenway land: 65% of adjusted tract acreage, plus all primary conservation areas. The minimum greenway land shall remain undivided to the extent practical. Any required public land dedication in accordance with § 315-47C of Chapter 315, Subdivision and Land Development, of the Code of the Township of West Vincent shall be in addition to the foregoing minimum greenway land requirement. Exceptions are permitted, however, allowing larger building lots with conservation easements in accordance with § 390-123 of this chapter.
(3)
Minimum lot area: none.
(4)
Minimum lot width at building setback line and frontage requirements.
(a)
Minimum lot width at building setback line for single-family
detached dwellings: 50 feet.
(b)
All proposed lots shall possess at least 30 feet of frontage
on a public or private street or common driveway meeting Township
standards. Access strips to interior lots or flag lots shall not exceed
250 feet in length, except where deemed necessary by the Board of
Supervisors due to site conditions or the depth of adjoining lots
with street frontage. The land area within the driveway access strips
shall not be included in the minimum required lot area or in the minimum
required building envelope.
(c)
Minimum lot width at building setback line for single-family
attached dwellings: 24 feet.
(5)
Yard regulations. The builder or developer is urged to consider variations
in the principal building position and orientation but shall observe
the following minimum standards.
(a)
Front yard: 10 feet from the edge of pavement of new private
streets, 10 feet from the ultimate right-of-way of new public streets,
and 50 feet from the ultimate right-of-way of existing Township roads.
(b)
Rear yard: 30 feet minimum for principal buildings.
(c)
Side yard: 10 feet for principal buildings.
(d)
Setback from agricultural operations: 100 feet minimum for new
principal dwellings. Existing dwellings, new additions to existing
dwellings, and any new accessory structures shall be exempt from this
setback requirement.
(e)
Tract perimeter setback. All new buildings shall be set back not less than 60 feet from the tract perimeter unless an effective visual buffer exists; in which case, the Board of Supervisors may reduce the perimeter setback for structures to 50 feet. The Board may also require that such a buffer be created or amplified where existing vegetation does not provide effective visual screening in accordance with §§ 390-123C(5) and 390-139B of this chapter.
(6)
Maximum impervious coverage by buildings, structures and impervious
surfaces. Maximum of 30% of adjusted tract acreage on each lot for
single-family detached dwellings and 50% of adjusted tract acreage
on each lot for single-family attached dwellings. The calculation
of impervious coverage for the purposes of this provision shall not
include impervious coverage attributable to public sidewalks or driveways
serving the lot (the scope of such exclusion to include shared driveways
but to exclude discrete parking areas other than those directly in
front of an approved garage). With respect to each lot containing
a single-family detached dwelling unit, an additional 20% of the adjusted
tract acreage shall be permitted as impervious coverage to the extent
that such additional impervious coverage is required in order to construct
pools, patios, decks and other approved, permitted accessory structures,
subject, however, to the property owner satisfying each of the following
conditions:
(a)
The property owner shall prepare an engineered plan dealing
with all stormwater generated by all of the impervious cover at the
property, along with proposed new improvements, during a one-hundred-year
storm;
(b)
The plan shall be reviewed by the Township Engineer at the cost
and expense of the property owner;
(c)
The plan must be approved by the Township Engineer prior to
the beginning of any earth movement or the issuance of a building
permit; and
(d)
Upon plan approval by the Township Engineer and the issuance
of a building permit, property owner may implement the plan under
the oversight by the Township and the Township Engineer, the cost
of which shall also be borne by the property owner.
H.
Maximum height regulations (all tiers). The maximum height of buildings
and other structures erected or enlarged in this district shall be
as follows:
(1)
In Tiers I, II, III and IV. For any principal building or any building
used for dwelling purposes: 35 feet.
(2)
For any farm building or farm structure, except silos and silo-related
equipment: 65 feet.
(3)
For any accessory building or structure, except accessory farm buildings
and farm structures: 25 feet.
