A.
Purposes. In conformance with the Pennsylvania Municipalities Planning Code, the purposes of this article, among those of § 240-4 of this chapter and others, are as follows:
(1)
To conserve open land, including those areas containing unique and
sensitive natural features such as woodlands, steep slopes, streams,
floodplains and wetlands, by setting them aside from development;
(2)
To provide greater design flexibility and efficiency in the provision
of services and infrastructure, including the opportunity to reduce
length of roads, utility runs, and the amount of paving required for
development;
(3)
To reduce erosion and sedimentation by the retention of existing
vegetation, and the minimization of disturbance of steep slopes;
(4)
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 Township's fair share
population may be accommodated;
(5)
To implement the Township's policies to conserve a variety of
irreplaceable and environmentally sensitive resources and lands as
set forth in the 1994 Newlin Township Open Space, Recreation and Environmental
Resources Plan, including provisions for reasonable incentives to
create a greenway system for the benefit of present and future residents;
(6)
To implement adopted land use, transportation, and community policies,
as identified in the 2011 Unionville Area Regional Comprehensive Plan;
(7)
To protect areas with productive agricultural soils for continued
or future agricultural use, by conserving areas of land large enough
to allow for efficient farm operations;
(8)
To create neighborhoods with direct visual access to open land, with
amenities in the form of neighborhood open space, and with a strong
neighborhood identity;
(9)
To provide for the conservation and maintenance of open land to achieve
the above-mentioned goals and for active or passive recreational use
by residents;
(10)
To provide multiple options for landowners in order to minimize
the adverse effects of development on sensitive environmental resources,
such as wetlands, floodplains and steep slopes, and limit disturbance
to natural or cultural features such as mature woodlands, hedgerows
and tree lines, critical wildlife habitats, historic buildings, and
fieldstone walls;
(11)
To provide standards reflecting the varying circumstances and
interests of individual landowners and the individual characteristics
of their properties; and
(12)
To conserve scenic views and elements of Newlin's rural
character and to minimize perceived development density by limiting
views of new development from existing roads.
B.
Specific intent of the residential development options. In order
to achieve these purposes in developing residential properties, this
article provides for flexibility in designing residential subdivisions
by allowing three by-right development options, as well as through
the special exception and conditional use options, as summarized below:
(1)
Option 1: residential development at a neutral density and providing basic open space conservation, allowing for residential uses at a relatively low residential density. Greenway lands (see definition of "greenway" in Article II of this chapter) shall comprise approximately half the tract. Lots shall be flexibly designed and may utilize either individual or central wells and sewage treatment facilities.
(2)
(Reserved)
(3)
Option 3: development of estate lots, allowing the development of
house lots in rural settings at low gross densities, where homes and
streets are located carefully to minimize impacts on resource lands.
(4)
Option 4: development of country properties and farmettes at very
low densities appropriate for rural areas, with flexible design standards.
(5)
(Reserved)
(6)
Freestanding nonresidential developments. Several nonresidential uses are permitted through the special exception use process (refer to Article VII of this chapter.) and through the conditional use process (refer to Article VIII of this chapter). Such developments may occur primarily in the Village Overlay District.
The design of all new subdivisions in the Flexible Rural Development
District shall comply with the following minimum standards:
A.
Site suitability. As demonstrated by the existing conditions/site analysis plan, the conceptual preliminary plan, and the detailed final plan (required to be performed as specified in Chapter 185, Subdivision and Land Development), all tracts shall be suitable for supporting development in terms of environmental conditions, size and configuration.
B.
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 developed as a single entity with common undivided
authority, with a single applicant.
C.
Combining the design options. The various layout and density options
described in this article may be combined, based upon the demonstration
by the applicant that such a combination would better meet the intent
of this chapter, as compared with applying a single development option
to the tract.
D.
Intersections and access. Subdivisions containing less than 15 dwellings
shall not include more than one roadway entrance onto public roadways.
E.
Sensitive area disturbance. Disturbance of the environmentally sensitive areas shown on the existing conditions/site analysis plan shall be limited according to the provisions of this article. Demonstration by the applicant that these features will be protected shall be a prerequisite to approval of both the detailed preliminary plan and the final plan as required Chapter 185, Subdivision and Land Development.
F.
Community wastewater systems. In developments that are proposed to
be served by community wastewater disposal systems, the selection
of a wastewater treatment technique shall be based upon Newlin Township's
"Ordered List of Preferred Alternative Types of Community Wastewater
Systems" contained in the appendix to this chapter and any applicable
Township sewage facilities plan.[1]
[1]
Editor's Note: The List of Preferred Alternative Types of Community Wastewater Systems is included as an attachment to this chapter.
Land in the Flexible Rural Development District may be used
for the following purposes:
B.
Greenway land. Greenway lands comprising a portion of a residential development are permitted, as specified above and according to requirements of §§ 240-17, 240-18 and 240-19 of this chapter. Greenway land may contain:
(1)
Agricultural uses, including pasture land, horticulture, wholesale
nurseries, and the raising of crops, and related buildings.
[Amended 3-20-2017 by Ord. No. 2017-01]
(2)
Woodlots, arboreta, and other similar silvicultural uses.
(3)
Woodland preserve, game preserve, wildlife sanctuary, or other similar
conservation uses.
(4)
Municipal or public uses; public park or recreation area; governmental
or public utility building or use; not to include business facilities,
storage of materials, trucking or repair facilities, the housing of
repair crews, municipal sanitary landfills. Utility buildings shall
be set back 60 feet from any front, side or rear lot line of any residential
lot.
C.
Agricultural uses.
[Amended 10-13-2014 by Ord. No. 2014-01]
(1)
Agricultural uses, including horticulture, wholesale nurseries, and the raising of crops, related buildings, and other uses listed in § 240-14B(1) through (3) of this chapter above, including a CAO and a CAFO.
[Amended 3-20-2017 by Ord. No. 2017-01]
D.
Accessory uses.
(1)
Accessory dwelling units (ADU). Accessory dwelling units on lots greater than two acres subject to the provisions in § 240-36.
[Amended 3-20-2017 by Ord. No. 2017-01]
(2)
Professional home occupations in attached or detached dwellings.
(3)
Garden sheds, swimming pools for use by the occupants of the dwelling,
and similar individual recreational facilities.
A.
Dimensional standards for Option 1: Neutral Density and Basic Conservation.
|
Table 1 - Dimensional Standards for Option 1 Subdivisions
| |
|---|---|
|
Regulation
|
Standard for Option 1: Neutral Density and Basic Conservation
|
|
Maximum density
|
1 dwelling per 80,000 square feet as determined through the adjusted tract acreage approach or yield plan described in § 240-15B of this chapter
|
|
Minimum street frontage
|
100 feet
|
|
Minimum lot area
|
15,000 square feet
|
|
Minimum lot width at building setback line
|
80 feet
|
|
Minimum front yard*
|
25 feet
|
|
Minimum rear yard*
|
25 feet
|
|
Minimum side yard*
|
30 feet separation for principal buildings, with no side yard
less than 10 feet (5 feet for accessory structures)
|
|
Maximum impervious coverage
|
20% per individual lot
|
|
Maximum height
|
35 feet
|
|
Minimum greenway land
|
50% of adjusted tract area plus 100% of constrained land
|
|
*
|
The applicant is urged to consider variations in the principal
building position and orientation but shall observe these minimum
standards.
|
(1)
Minimum required greenway land:
(a)
Greenway land shall not be used for residential lots, except as provided in § 240-15A(1)(b) below.
(b)
Conservancy lots in single and separate ownership composed of not less than 10 acres, conforming to the standards for Option 4 subdivisions found in § 240-15D (Table 5), may occupy up to 80% of the greenway land, with the remainder deeded to a homeowners' association, land trust, or the Township, or subject to an open space easement. The greenway land within each conservancy lot remains subject to the standards for greenway land in § 240-17 of this chapter. Greenway land shall not be used to accommodate additional dwellings in excess of the maximum density as calculated in § 240-15B of this chapter.
B.
Density determination for Option 1 subdivisions. Applicants shall
choose between the following two methods of determining the maximum
permitted residential density in Option 1 as follows:
(1)
Adjusted tract acreage approach. Determination of the maximum residential
density or maximum number of permitted dwelling units on any tract
shall be based upon the adjusted tract acreage. The adjusted tract
acreage shall be determined by multiplying the acreage within the
categories described below by the density factor for that category
of land feature. The areas of constrained land calculated using Table
2 shall be deducted from the gross tract area. If a portion of the
tract is underlain by more than one natural feature subject to a deduction,
that acreage shall be subject to the most restrictive deduction only.
|
Table 2- Adjusted Tract Acreage Density Determination
| |
|---|---|
|
Land Feature
|
Density Factor
|
|
All areas within the rights-of-way of existing public streets
or highways, or within the rights-of-way for existing or proposed
overhead or underground rights-of-way of utility lines, electrical
transmission lines, railroads, trail and access easements
|
100%
|
|
All area under existing private streets
|
100%
|
|
Floodplains and watercourses (nonwetland portion of the one-hundred-year floodplain - refer to Chapter 78 of the Township Code for floodplain designation regulations)
|
100%
|
|
Steep slopes over 20% (measured prior to site disturbance)
|
100%
|
|
Floodways, watercourses and stormwater management facilities
|
100%
|
|
Wetlands
|
95%
|
|
Areas of rock outcrop and boulder fields over 1,000 square feet
|
90%
|
|
Moderately steep slopes between 15% to 20% (measured prior to
site disturbance)
|
50%
|
(2)
Yield plan approach. The maximum number of permitted dwelling units
on any tract may be based upon the density resulting from a yield
plan. Yield plans shall meet the following requirements:
(a)
Yield plans shall be prepared as conceptual layout plans in accordance with the standards of Chapter 185, Subdivision and Land Development, showing proposed lots, streets, rights-of-way, and other pertinent features. Although it must be drawn to scale, it need not be based on a field survey. It must be a realistic layout reflecting a development pattern that could reasonably be expected to be implemented, taking into account the presence of wetlands, floodplains, steep slopes, existing easements or encumbrances and, if no public sewers are available, the suitability of soils for subsurface sewage disposal.
(b)
Yield plans shall reflect the dimensional standards for 80,000 square feet lots when Option 1 is chosen, found in Table 3 in Subsection B(2)(d) below. The yield plan shall identify the site's primary and secondary resources as identified in the existing features/site analysis plan as required by Chapter 185, Subdivision and Land Development, and demonstrate that the primary resources could be protected in the development process by allocating this area to proposed single-family dwelling lots which conform to the density factor of the chosen option.
(c)
On sites not served by central sewage disposal, density shall
be further determined by evaluating the number of homes that could
be supported by individual soils-based septic systems on conventional
lots. Based on the primary and secondary resources identified as part
of the inventory, observations and analysis conducted during an on-site
visit of the property, the Township shall select a ten-percent sample
of the lots considered to be marginal for on-lot sewage disposal.
The applicant shall provide evidence that these lots meet the standards
for an individual soils-based septic system. Should any of the lots
in a sample fail to meet the standard for individual soils-based septic
system, those lots shall be deducted from the yield plan and a second
ten-percent sample shall be selected by the Township and tested for
compliance by the applicant. This process shall be repeated until
all lots in a given sample meet the standard for an individual septic
treatment system.
(d)
The following dimensional standards shall be used in the development
of yield plans for Option 1 subdivisions:
|
Table 3- Yield Plan Dimensional Standards for Options 1 Subdivisions
| |
|---|---|
|
Regulation
|
Yield Plan Standard for Option 1: Neutral Density
|
|
Minimum lot area
|
80,000 square feet
|
|
Minimum lot width at building setback line
|
175 feet
|
|
Minimum front yard setback
|
40 feet
|
|
Minimum rear yard setback
|
60 feet
|
|
Minimum side yard setback
|
40 feet
|
|
Minimum combined side yard setbacks
|
100 feet
|
C.
Dimensional standards for Option 3 subdivisions: estate lots. The
standards in Table 4 below shall be used in the development of Option
3 subdivisions:
|
Table 4- Dimensional Standards for Option 3 Subdivisions
| |
|---|---|
|
Regulation
|
Standard for Option 3: Estate Lots
|
|
Maximum density
|
1 dwelling per 4 acres (adjusted tract acreage)
|
|
Minimum lot area
|
1 acre
|
|
Minimum lot width at building setback line
|
150 feet
|
|
Minimum front yard*
|
40 feet from the right-of-way of existing Township roads; 40
feet from the right-of-way of new subdivision streets, lanes, or common
driveways (where applicable)
|
|
Minimum rear yard*
|
60 feet minimum for principal buildings and 10 feet for accessory
buildings (except that accessory buildings with a ground floor area
exceeding 500 square feet shall conform to the setback requirements
for principal structures)
|
|
Minimum side yards (each)
|
50 feet
|
|
Maximum impervious coverage
|
5% of entire tract
|
|
Maximum height
|
35 feet
|
|
*
|
The applicant is urged to consider variations in the principal
building position and orientation but shall observe these minimum
standards
|
(1)
Lot shapes. Lot shapes shall not be irregular except as allowed for
flag lots, and lots shall not have a lot depth-to-width ratio exceeding
5:1 unless such lots are deed restricted from the development of more
than one dwelling each. The minimum lot size shall be one contiguous
acre in subdivisions of two or more principal dwelling units, provided
that the maximum tract density as determined by the adjusted tract
acreage is not exceeded.
(2)
Deed restrictions for lots more than two acres. All lots created
under Option 3 that are larger than two acres shall be permanently
limited by a deed restriction that prevents future subdivision. A
note shall be placed on the final plan, stating the restriction and
identifying the lots.
D.
Dimensional standards for Option 4 subdivisions: country properties
and farmettes. The following standards shall be used in the development
of Option 4 subdivisions:
|
Table 5 - Dimensional Standards for Option 4 Subdivisions
| |
|---|---|
|
Regulation
|
Standard for Option 4 Subdivisions: Country Properties
and Farmettes
|
|
Maximum tract density
|
1 dwelling per 10 gross acres
|
|
Minimum lot area
|
1 acre
|
|
Minimum lot width at building setback line
|
200 feet
|
|
Minimum front yard
|
40 feet from the right-of-way of existing Township roads, but
40 feet from the right-of-way of new subdivision streets, country
lanes, or common driveways (where applicable)
|
|
Minimum side yard (each)
|
50 feet
|
|
Minimum rear yard
|
60 feet minimum for principal buildings and 10 feet for accessory
buildings (except that accessory buildings with a ground floor area
exceeding 500 square feet shall conform to the setback requirements
for principal structures)
|
|
Maximum impervious coverage
|
4% of entire tract
|
|
Maximum height
|
35 feet
|
(1)
Lot shapes. Lot shapes shall not be irregular except as allowed for
flag lots, and lots shall not have a lot depth to width ratio exceeding
5:1 unless such lots are deed restricted from the development of more
than one dwelling each. The minimum lot size shall be one contiguous
acre in subdivisions of two or more principal dwelling units, provided
that the maximum tract density as determined by the adjusted tract
acreage is not exceeded.
A.
Residential lots shall avoid primary conservation areas. Residential lots shall not encroach upon primary conservation areas as identified in Chapter 185, Subdivision and Land Development.
B.
Setback requirements. Setbacks in Option 1 subdivisions shall be
as follows:
|
Table 6 - Option 1 Subdivisions - Setback Requirements
| |
|---|---|
|
Land Feature
|
Setback
|
|
All external road ultimate rights-of-way
|
100 feet
|
|
All other tract boundaries
|
50 feet
|
|
Buildings or barnyards containing livestock
|
100 feet
|
|
Active recreation areas such as courts or playing fields but
not including tot-lots
|
150 feet
|
C.
Views of dwellings. Views of dwellings from exterior roads and abutting properties should be minimized by the use of changes in topography, existing vegetation, or additional landscaping which meets the requirements of Chapter 185, Subdivision and Land Development.
D.
Access from interior streets. Dwellings should generally be accessed
from interior streets, rather than from roads bordering the tract.
E.
Orientation towards conservation land. Not less than 75% of the lots
shall directly abut or face conservation land or greenway land across
a street.
Protected greenway land in all subdivisions shall meet the following
standards:
A.
Uses permitted on greenway lands.
(1)
Conservation of open land in its natural state (i.e., woodland, fallow
field, or meadow);
(2)
Agricultural operations, including raising of crops or livestock,
wholesale nurseries, associated buildings, including residences that
are specifically needed to support an active, viable agricultural
or horticultural operation. Specifically excluded are commercial hog
and chicken livestock operations, CAOs and CAFOs.
[Amended 3-20-2017 by Ord. No. 2017-01]
(3)
Pastureland or areas for horses. Equestrian facilities shall not
occupy more than 50% of the minimum required greenway land.
(4)
Silviculture, in keeping with established standards for selective
harvesting and sustained-yield forestry.
(5)
Neighborhood open space uses such as village greens, commons, picnic
areas, community gardens, trails, and similar passive recreational
uses, specifically excluding wheeled vehicles (except for agricultural
vehicles), and rifle ranges.
(6)
Active noncommercial recreation areas, such as playing fields, playgrounds,
and courts, provided such areas do not occupy more than half of the
minimum required greenway land or five acres, whichever is less. Playing
fields, playgrounds, and courts shall not be located within 100 feet
of abutting properties. Parking facilities for the same shall also
be permitted, and they should be gravel-surfaced, unlighted, properly
drained, provide safe ingress and egress, and contain no more than
10 parking spaces.
(7)
Water supply and sewage disposal systems and stormwater detention
areas designed, landscaped, and available for use as an integral part
of the greenway.
(8)
Easements for drainage, access, sewer or water lines, or other public
purposes.
(9)
Underground utility rights-of-way. Aboveground utility and street
rights-of-way may traverse conservation areas but shall not count
toward the minimum required greenway land.
B.
Greenway design standards.
(1)
Greenway lands shall be laid out in general accordance with the Newlin Township Open Space, Recreation and Environmental Resources Plan to ensure that an interconnected network of open space (within and surrounding the tract) will be provided. The required greenway land consists of a mixture of primary conservation areas (PCAs), all of which must be included, and secondary conservation areas (SCAs), as required in Chapter 185, Subdivision and Land Development. PCAs comprise those areas listed in § 240-15B(1) (Table 2) as being subtracted from the total parcel acreage to produce the adjusted tract acreage. SCAs should include special features of the property that would ordinarily be overlooked or ignored during the design process. Examples of such features are listed and described in the greenway design review standards in Chapter 185, Subdivision and Land Development.
(2)
Greenway land should generally remain undivided and may be owned
and maintained by a homeowners' association, land trust, another
conservation organization recognized by the Township, or by a private
individual as a conservancy lot. Not less than 30% of the land comprising
the adjusted tract acreage shall be available for the common use and
passive enjoyment of the subdivision residents. These ownership options
may be combined so that different parts of the greenway land may be
owned by different entities.
(3)
Not more than 5% of the total tract acreage in any of the options
may be subject to the Township's public land dedication requirement.
(4)
Where a proposed development adjoins public parkland, a natural greenway
buffer not less than 150 feet deep shall be provided within the development
along its common boundary with the parkland, within which no new structures
shall be constructed, nor shall any clearing of trees or understory
growth be permitted (except as may be necessary for street or trail
construction or for safety purposes). Where this buffer is not forested,
the Township may require vegetative screening to be planted, or that
it be managed to encourage natural forest succession.
(5)
Greens.
(a)
Two percent of the required open space shall be in greens when
the average lot size is 15,000 square feet or more.
(b)
Three percent of the required open space shall be in greens
when the average lot size is less than 15,000 square feet.
(c)
Greens shall be 5,000 to 20,000 square feet in area and shall
be created and maintained as the open space around which dwellings
are arranged. Dwellings shall face the green with the front facade
of the dwelling.
(6)
At least 50% of the dwellings shall face the required open space
with the front facade of the dwelling, either directly or across the
street.
C.
Other requirements.
(1)
No portion of any building lot may be used for meeting the minimum
required greenway land. However, active agricultural land with farm
buildings, excluding areas used for residences, may be used to meet
the minimum required greenway land.
(2)
Pedestrian and maintenance access, excluding lands used for agricultural or horticultural purposes in accordance with § 240-14C of this chapter, shall be provided to greenway land in accordance with the following requirements:
(3)
All greenway areas that are not wooded or farmed shall be landscaped in accordance with Chapter 185, Subdivision and Land Development.
(4)
The applicant shall provide a plan for the long-term management of
the greenway.
A.
Option 1 subdivisions. In Option 1 subdivisions, required greenway land shall be subject to permanent conservation easements prohibiting future development and which define the range of permitted activities. A list of permitted uses of greenway lands is contained in § 240-17A of this chapter.
B.
Option 4 Subdivisions (country properties). In Option 4 country property
applicants shall place a restrictive conservation easement preventing
future subdivision of the newly created parcels. The Township may
review the proposed easements and, if offered by the applicant, may
accept them, but shall have no obligation to do so.
Land dedication for public recreational use and the fee-in-lieu
alternative. The following standards shall apply to new subdivisions:
A.
Applications for 10 or more dwellings. Applicants for residential
developments shall dedicate to the Township not less than 5% of the
gross tract acreage of each proposed development for use as public
recreational facilities subject to the provisions of § 503(11)
of the Pennsylvania Municipalities Planning Code.[1] Such land shall be suitable for active and/or passive
recreation, with not less than 50% of the land suitable for active
recreation use, where such facilities are required by the Newlin Township
Open Space, Recreation and Environmental Resources Plan.
[1]
Editor's Note: See 53 P.S. § 10503(11).
B.
Alternatives. In lieu of the dedication of land, the applicant may choose between two alternatives in § 240-19B(1) and (2) below:
(1)
The applicant may offer a dedication of land allowing recreational
usage exclusively by the residents of the proposed subdivision. Such
land areas shall be permanently protected through a conservation easement
enforceable by the Township and/or a land trust, prohibiting future
nonrecreational (or commercial recreational) uses.
(2)
The applicant may offer to pay a fee to the Township instead of any
dedication of recreational land. The Township may accept this fee
upon determination that the provision of land would not result in
a public benefit.
(3)
The decision whether to accept a fee-in-lieu offer by the applicant
shall lie with the Township. The amount of the fee shall based upon
the fair market value of land that is similar in area, location and
in other attributes to land which would otherwise have been dedicated
by the developer to satisfy the provisions of this section. The determination
of fair market value shall be made by a person familiar with land
values in the Township, and who is mutually acceptable to the Township
and to the applicant. Such fees shall be based on actual land values
at the time of development of the applicant's parcel. All such
fees collected shall be deposited in an interest-bearing account identifying
the specific recreation facilities for which the fee was received.
Upon request of any person who paid any fee under this section, the
Township shall refund such fee, plus interest accumulated thereon
from the date of payment, if the Township had failed to utilize the
fee paid for the purposes set forth in this section within three years
from the date such fee was paid.
C.
Option 1 subdivisions. In Option 1 subdivisions with not more than
10 dwellings, where the Township determines that there would be no
specific public benefit accruing from a public dedication (as described
above), the recreational land that is part of the requirement for
undivided open space shall be designated for private shared recreational
usage among the subdivision lot owners, pursuant to a homeowners'
association approved by the Board of Supervisors.
Additional density may be permitted when the Township Supervisors
determine that one of the following public benefits will occur:
A.
Public usage of greenway land. The Township may allow a density bonus
not to exceed one dwelling unit per five acres of greenway land that
becomes publicly accessible and available (including active and passive
recreation areas, spray irrigation areas, municipal buildings, etc.).
The decision to accept an applicant's offer to dedicate greenway
land to public usage within a proposed subdivision shall be at the
discretion of the Township, when it determines that a public benefit
will occur.
B.
Endowment for greenway maintenance.
(1)
Density bonus. The Township may allow a density bonus up to 10% to
facilitate the creation of a permanent fund to offset continuing costs
of maintaining greenway land (involving activities such as mowing,
removing exotic species, meeting insurance premiums and local taxes,
etc.), and costs associated with active or passive recreation facilities.
Expenditures from this fund should be restricted to disbursements
of interest so that the principal may be preserved. The minimum amount
of the fund shall be adequate to ensure continued maintenance of the
greenway lands, and the amount shall be determined by an agency, firm,
or organization with experience in managing conservation land and
recreational facilities and which is acceptable to the Township.
(2)
Cost of maintaining greenway lands. Greenway land that is not accessible
by the subdivision residents is not required to be included when estimating
ongoing maintenance costs. (Such lands would typically include areas
designated on the Final Plan for future agricultural, horticultural,
silvicultural, or equestrian uses, which may be leased or sold to
another party for those express purposes, and which are protected
from future development by a permanent conservation easement.)
C.
Provision of least-cost housing. A density increase is permitted
where the applicant provides on-site or off-site housing opportunities
for low- or moderate-income families. For each such new least-cost
housing unit provided under this section, one additional building
lot or dwelling unit shall be permitted, not to exceed an increase
of 15%. When off-site least-cost housing provision is proposed, the
Township shall require evidence that these units will be available
not later than the time at which the applicant's proposal is
completed or at the first phase of the development, whichever first
occurs. The least-cost housing cost shall be determined by the Chester
County Department of Housing and Community Development.
D.
Implementation. These density bonuses may be implemented by reducing
the amount of required greenway land by not more than 10%, reducing
the minimum lot area requirements by not more than 10%, or by a combination
of these approaches, at the discretion of the Township.
A.
Restrictions on greenway land. No development shall be permitted in greenway land or open space areas at any time, except for those uses listed in § 240-17 of this chapter.
B.
Ownership options. Ownership of common facilities may be in the forms
listed below; however, greenway land shall be initially offered for
dedication to the Township. Common facilities shall not be transferred
to another entity except for transfer to another form of ownership
permitted under this section, provided that there is no change in
the common facilities or in the open space ratio of the overall development:
(2)
Condominium association. Common facilities may be controlled through
the use of condominium agreements. Such agreements shall be in accordance
with the Pennsylvania Uniform Condominium Act of 1980,[1] as amended. All open land and common facilities shall
be held as a common element.
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
(3)
Homeowners' association. Common facilities may be held in common
ownership by a homeowners' association, subject to all of the
provisions for homeowners' associations set forth in applicable
state regulations. In addition, the following standards shall be met:
(a)
The owner or applicant shall provide the Township with a description
of the organization of the proposed association, including its bylaws
and all documents governing ownership, maintenance, and use restrictions
for common facilities.
(b)
The proposed association shall be established by the owner or
applicant and shall be operating (with financial subsidization by
the owner or applicant, if necessary) before the sale of any dwelling
units in the development.
(c)
Membership in the association shall be automatic and mandatory
for all purchasers of dwelling units therein and their successors
in title, who shall have joint and undivided interests in any common
areas.
(d)
The association shall be responsible for maintenance and insurance
of common facilities.
(e)
The bylaws shall confer legal authority on the association to
place a lien on the real property of any member who falls delinquent
in his dues. Such dues shall be paid with all accrued interest before
the lien may be lifted.
(f)
Written notice of any proposed transfer of common facilities
by the association or the assumption of maintenance of common facilities
must be given to all members of the association and to the Township
not less than 30 days prior to such event.
(g)
The association shall have adequate staff to administer, maintain,
and operate such common facilities.
(4)
Private conservation organization or the county. With permission
of the Township, an owner may transfer either fee simple title of
the open space or easements on the open space to a private nonprofit
conservation organization or to the County, provided that:
(a)
The conservation organization is acceptable to the Township
and is a bona fide conservation organization intended to exist indefinitely.
(b)
The conveyance contains appropriate provisions for proper reverter
or retransfer in the event that the organization becomes unwilling
or unable to continue to execute its functions.
(c)
The greenway land is permanently restricted from future development
through a conservation easement, and the Township is given the ability
to enforce these restrictions.
(d)
A maintenance agreement acceptable to the Township is established
between the owner and the organization.
(e)
A satisfactory maintenance agreement shall be reached between
the owner and the Township.
(5)
Dedication of easements to the Township. The Township may, but shall
not be required to, accept easements for public use of any portion
of the common land or facilities. In such cases, the facility remains
in the ownership of the condominium association, homeowners'
association, or private conservation organization while the easements
are held by the Township. In addition, the following regulations shall
apply:
(6)
Noncommon private ownership. Not less than 80% of the required greenway land may be included within one or more large conservancy lots of not less than 10 acres, provided the open space is permanently restricted from future development through a conservation easement, except for those uses listed in § 240-17 of this chapter, and that the Township is given the ability to enforce these restrictions.
C.
Maintenance. Unless otherwise agreed to by the Township, the cost
and responsibility of maintaining common facilities and greenway land
shall be borne by the owner, condominium association, homeowners'
association, or conservation organization.
(1)
Plan for maintenance of greenway lands. The applicant shall, at the
time of preliminary plan submission, provide a plan for the maintenance
of greenway lands and operation of the common facilities in accordance
with the following requirements:
(a)
The plan shall define ownership;
(b)
The plan shall establish necessary regular and periodic operation
and maintenance responsibilities for the various kinds of open space
(i.e., for lawns, playing fields, meadow, pasture, cropland, woodlands,
etc.);
(c)
The plan shall estimate staffing needs, insurance requirements,
and associated costs, and define the means for funding the maintenance
of the greenway land and operation of any common facilities on an
ongoing basis. Such funding plan shall include the means for funding
long-term capital improvements as well as regular yearly operating
and maintenance costs;
(d)
At the Township's discretion, the applicant may be required
to escrow sufficient funds for the maintenance and operation costs
of common public facilities according to the applicable provisions
of the Pennsylvania Municipalities Planning Code; and
(e)
Any changes to the maintenance plan shall be approved by the
Board of Supervisors.
(2)
Township maintenance of greenway lands. In the event that the organization
established to maintain the greenway lands and the common facilities,
or any successor thereto, fails to maintain all or any portion thereof
in reasonable order and condition, the Township may assume responsibility
for maintenance, in which case any escrow funds may be forfeited and
any permits may be revoked or suspended, according to applicable provisions
of the Pennsylvania Municipalities Planning Code.
(3)
Township corrective action. The Township may enter the premises and
take corrective action, including maintenance. The costs of such corrective
action may be charged to the property owner, condominium association,
homeowners' association, conservation organization, or individual
property owners who constitute a condominium or homeowners' association
and may include administrative costs and penalties, according to applicable
provisions of the Pennsylvania Municipalities Planning Code. Such
costs shall become a lien on said properties. Notice of such lien
shall be filed by the Township in the office of the Prothonotary of
Chester County.
For proposals not defined as a land development and for proposed land development as permitted in § 240-14A(2), improvements to the tract shall be regulated according to the following standards:
A.
Bulk and lot requirements.
|
Table 7 - Bulk and Lot Requirements for Tracts Created Prior
to Effective Date of Chapter
| ||
|---|---|---|
|
Regulation
|
Single-Family Detached Dwellings
|
All Other Uses*
|
|
Minimum lot size
|
2 acres
|
2 acres
|
|
Minimum lot width at building setback line
|
175 feet
|
175 feet
|
|
Minimum front yard
|
60 feet
|
60 feet
|
|
Minimum side yard (each)
|
60 feet
|
60 feet
|
|
Minimum rear yard
|
60 feet
|
60 feet
|
|
Maximum building coverage
|
5%
|
5%
|
|
Maximum height
|
35 feet
|
35 feet, except 100 feet for agricultural uses
|
|
Minimum setback for accessory structures
|
15 feet
|
20 feet
|
|
*
|
In case of conflict with other sections in this chapter, the
most restrictive standards shall apply.
|
Land may be transferred between two adjoining parcels for the
intent of enlarging one of the parcels, subject to the following conditions:
Notwithstanding the provisions of other sections in this chapter
to the contrary, not more than one nonfarm residential lot may be
subdivided from any parent tract within any consecutive five-year
period, subject to the following conditions:
A.
The tract from which the new lot is created shall not be less than
10 acres prior to the subdivision.
B.
The new lot shall not be less than two acres in size.
C.
Lots may be created for agricultural purposes at any time, provided
that no lots shall be less than 50 acres.
E.
The four-step design process shall not be required.
