[Ord. No. 2-1995, § 1001, 4/11/1995]
The purpose of the Residential Cluster District is to provide
for residential living opportunities of a suburban nature at low or
medium densities, dependent upon the provision of public sewage and
water services. As an optional form of development, residential units
may also be clustered on lots smaller than those specified under the
base regulations of this district; provided, a conditional use application
is approved by the Township Board of Supervisors.
[Ord. No. 2-1995, § 1002, 4/11/1995; Ord. No. 2-2007, § 11, 5/22/2007]
1. Unless otherwise permitted by this chapter a building may be erected
or used for the following purposes:
A. Single-family detached dwelling.
[Amended by Ord. No. 1-2019, 2/12/2019]
B. Churches or similar places of worship, parish houses and associated
social facilities.
D. The tilling of soil, the raising of crops, fruits and vegetables,
greenhouses and nurseries.
E. Municipal buildings and facilities.
G. Public utility services and facilities including substations, water
pumping stations and reservoirs.
H. Customary accessory uses and buildings incidental to any permitted
uses.
I. Cottage
industry.
[Added by Ord. No. 4-2020, 7/28/2020]
[Ord. No. 2-1995, § 1003, 4/11/1995]
3. Domestic employee quarters.
4. Accessory apartment when associated with a single-family detached
dwelling.
5. Cluster development as set forth in §
27-1010 below.
[Added by Ord. No. 1-2019, 2/12/2019]
[Ord. No. 2-1995, § 1004, 4/11/1995]
The height of a principal building shall not exceed 35 feet.
The height of an accessory building shall not exceed 14 feet, except
that accessory buildings devoted for farm use shall be exempt from
height regulations.
[Ord. No. 2-1995, § 1005, 4/11/1995]
1. Residential uses.
[Amended by Ord. No. 7-2022, 11/22/2022 and Ord. No. 3-2023, 6/27/2023]
A. Lots shall have a minimum lot area of one acre and a minimum lot
width measured at the minimum building setback line of 100 feet. The
front yard setback shall be not less than 35 feet; the side yard setback
shall be not less than 12 feet and the rear yard setback shall be
not less than 35 feet. Density of residential units shall be not greater
than one dwelling unit per acre.
2. Nonresidential units. The minimum lot area, lot width and yard requirements
for nonresidential uses shall be the same as those for residential
single-family detached unit set forth in Subsections 1A(1), (2) and
(3) of this section.
3. On all corner lots the side yard abutting the street shall be not
less than 35 feet.
[Ord. No. 2-1995, § 1006, 4/11/1995]
Total coverage shall not exceed 30% of the lot area.
[Ord. No. 2-1995, § 1007, 4/11/1995]
Off-street parking shall be provided in accordance with the provisions of Article
XVIII of this chapter.
[Ord. No. 2-1995, § 1008, 4/11/1995]
Signs shall be provided in accordance with the provisions of Article
XVII of this chapter.
[Ord. No. 2-1995, § 1009, 4/11/1995]
Motor vehicle access shall be provided in accordance with Article
XIX of this chapter.
[Ord. No. 2-1995, § 1010, 4/11/1995]
1. Residential lots may be designed as a cluster development when approved
by the Township Board of Supervisors as a conditional use based on
the following standards and criteria:
A. Permitted uses. A building may be erected or used and a lot may be
occupied or used for any one of the following uses. Each dwelling
unit shall be located on its own individual lot. All units/lots shall
be for sale only.
(1)
Single-family detached dwellings.
(2)
Single-family attached dwellings (townhouse units).
B. Tract size. The minimum developable tract size shall be 50 contiguous
acres.
C. Public sewage and water services shall be provided to all units within
the development.
D. Density. The gross density of a clustered subdivision shall not exceed 2.2 dwelling units/lots per acre. A determination of the number of dwelling units/lots permitted to be created shall be that number which could be established and approved through a standard subdivision plat arrangement of lots and streets applied to the parcel proposed for development utilizing the standards contained in §
27-1005 of this chapter and applicable provisions of the South Hanover Township Subdivision and Land Development Regulations (Chapter
22). Such plat shall be prepared by a registered land surveyor/engineer and accompany the preliminary cluster subdivision plat submission and conditional use application. Floodplains, streams and ponds, drainage basins, stormwater basins, and slopes greater than 15% may be included in the calculation for open space but shall not constitute more than 50% of the total open space area.
[Amended by Ord. No. 1-2019, 2/12/2019 and Ord. No. 7-2022, 11/22/2022]
E. Lot area.
[Amended by Ord. No. 1-2019, 2/12/2019 and Ord. No. 7-2022, 11/22/2022]
(1)
The minimum lot area for single-family detached dwelling units
shall be not less than 10,000 square feet.
(2)
The minimum lot area for single-family attached dwelling units
shall not be less than 6,000 square feet per dwelling unit. The maximum
number of dwelling units permitted per single-family attached structure
shall not exceed four.
(3)
The stormwater management plan shall provide 130% of the designed
impervious coverage stormwater mitigation/retention per residential
lot to allow for the future addition of patios, sheds, or other impervious
coverages.
F. Lot width.
(1)
The minimum lot width for single-family detached dwelling units,
measured at the minimum building setback line, shall be no less than
80 feet.
(2)
The minimum lot width for single-family attached dwelling units,
measured at the minimum building setback line, shall be not less than
20 feet.
G. Yard regulations.
(1)
Each lot containing a single-family detached dwelling unit shall
have a front yard setback not less than 25 feet, side yard setbacks
not less than 10 feet each, and a rear yard setback not less than
25 feet.
(2)
Each lot containing a single-family attached dwelling unit shall
have a front yard setback not less than 25 feet, a side yard setback
not less than 10 feet for end units, and a rear yard setback of not
less than 25 feet.
H. Coverage regulations. The maximum permitted impervious coverage,
including buildings and streets, shall not exceed 30% of the total
tract area. The remainder shall be retained as open space.
[Amended by Ord. No. 1-2019, 2/12/2019]
I. Open space regulations.
[Amended by Ord. No. 1-2019, 2/12/2019]
(1)
Open space areas shall be developed to complement and enhance
the man-made environment. In the selection of the location of such
areas, consideration shall be given to the preservation of natural
and man-made features such as natural permanent vegetation, historical
amenities, and other community assets which will enhance the attractiveness
and value of the remainder of the property to be subdivided or developed.
Floodplains, streams and ponds, drainage basins, stormwater basins,
and slopes greater than 15% may be included in the calculation for
open space but shall not constitute more than 50% of the total open
space area.
(2)
The open space area shall be so located and designed that it
is easily accessible to all people, including the handicapped. Safe
and easy access to common open space areas shall be provided either
by adjoining road frontage, easements or paths.
(3)
Common open space areas shall be designed as a continuous system
of usable areas which are interspersed among groupings of residential
buildings; provided, however, in those instances in which the total
minimum open space is less than two acres in size, such acres shall
be located in one parcel and shall only be broken up if the development
site or its physical constraints dictate otherwise, with the concurrence
of the Board of Supervisors.
(4)
Such areas specifically designed for open space shall be fully
usable and suitable for that purpose and shall be set aside by deed
restriction.
(5)
Accessways to the site shall be sufficiently wide so that maintenance
equipment shall have reasonably convenient access to such areas. In
all instances such open space areas shall be maintained in a careful
and prudent manner.
(6)
Common open space may be dedicated partially or entirely to public use. The Township Parks and Recreation Commission may recommend and the Board of Supervisors may approve the dedication of any common open space land for public use. However, the Board of Supervisors shall also have the right to not accept any dedication of open space if it finds that the size, location, type of development or cost of development or maintenance of such common open space or the availability of other public open space nearby would make public use undesirable or unnecessary. Any land to be used for recreation areas instead of using the fee in lieu of land dedication provision as set forth in §
22-901 shall not be a part of the calculated open space required by this chapter or the land to establish density set forth in §
27-1010, Subsection
1D, above.
(7)
Private ownership. When common open space is not dedicated and
accepted to public use it shall be protected by legal arrangements,
satisfactory to the Township, sufficient to assure its maintenance
and preservation for whatever purpose it is intended. Covenants or
other legal arrangements shall:
(a)
Obligate purchasers to participate in a homeowners' association
and to support maintenance of the open space areas by paying to the
association assessments sufficient for such maintenance and subjecting
their properties to a lien for enforcement of payment of the respective
assessments.
(b)
Obligate such an association to maintain the open areas and
private streets and utilities.
(c)
Empower the Township, as well as other purchasers in the development,
to enforce the covenants in the event of failure of compliance.
(d)
Provide for agreement that, if the Township is required to perform
any maintenance work pursuant to the subsection above, such purchasers
would pay the cost thereof and that the same shall be a lien upon
their properties until such cost has been paid; provided, that the
developer shall be responsible for the formation of the homeowners'
association of which the developer, or if the developer is not the
owner of the development, then such owner shall be a member until
all of the lots of record are sold. Other equivalent provisions to
assure adequate perpetual maintenance may be permitted if approved
by the Board of Supervisors. Assurance that such covenants or equivalent
provisions will be evidenced by the recordation in the office of Recorder
of Deeds of a perpetual maintenance of facilities as prescribed hereinabove
and identifying the tract and each lot therein. The declaration shall
be included in the deed or other instrument of conveyance of each
lot of record and shall be made binding on all purchasers; provided,
that such declaration may, as to subsequent conveyance other than
the initial conveyance of each lot of record, be incorporated by reference
in the instrument of conveyance.
(e)
Guarantee that any association formed to own and maintain common
open space will not be dissolved without the consent of the Board
of Supervisors.
Such covenants or equivalent legal arrangements shall be submitted
for preliminary review with the preliminary plan and conditional use
application and shall be reviewed and approved by the Board of Supervisors
prior to the granting of a conditional use and final plan approval.