[Amended 11-26-1990 by Ord. No. 218; 6-22-1998
by Ord. No. 289]
In expansion of the legislative intent contained in Article I, § 350-4, of this chapter, and the community development objectives contained in Article I, § 350-5, of this chapter, it hereby is declared to be the intent of this article:
A.
To preserve open land, including those areas with
unique and sensitive natural features such as steep slopes, floodplains
and wetlands by restricting development therein.
B.
To preserve scenic views and elements of the Township
rural character and to minimize perceived density by minimizing views
of new development from existing roads.
C.
To provide design flexibility in the siting of homes
and infrastructure.
D.
To implement the goals of the Upper Pottsgrove Township
Comprehensive Plan and Parks, Recreation and Open Space Plan.
E.
To reduce erosion and sedimentation by the retention
of existing vegetation and minimization of development on steep slopes.
F.
To encourage the preservation and improvement of habitat
for various forms of wildlife.
G.
To provide for preservation and maintenance of open
land within the Township to achieve the above goals and for active
or passive recreational use by residents.
H.
To provide for a diversity of lot sizes and housing
choices to accommodate a variety of age and income groups and residential
preferences to maintain a diverse Township population.
[Amended 9-27-1999 by Ord. No. 300; 7-10-2000
by Ord. No. 307; 9-8-2003 by Ord. No. 353; 3-28-2005 by Ord. No. 379; 4-18-2011 by Ord. No. 446; 5-20-2019 by Ord. No. 504]
In an R-1 Residential District a building or
structure may be erected, altered or used and a lot or premises may
be used or occupied for any of the following reasons:
A.
Neighborhood
lotting. As a permitted use on lots subdivided from tracts of five
acres or more, when said tracts are contained entirely within the
sewer service area as determined by the Township's Act 537 Plan, existing
as of the date of adoption of this chapter, when done as any neighborhood
lotting as outlined in this article. Any residential development proposed
under neighborhood lotting shall have a minimum of five building lots.
B.
Standard
lotting.
(1)
As a permitted use on lots subdivided from tracts less than five acres in size or on a lot existing as of the date of adoption of this chapter, when done in compliance with the standards of §§ 350-67, 350-70, 350-71, "standard lotting," and § 350-73A of the R-1 District; such lots do not need to comply with any other requirements of the R-1 District.
(2)
As permitted on lots in excess of five acres so long as the lots can be created through the minor subdivision process pursuant to § 310-10. Such lots to be created through the minor subdivision process must satisfy all of the following conditions:
(a)
Contains four lots or less.
(b)
Has not been part of a subdivision submitted within the past three
years.
(c)
Presently fronts on a physically improved street that is legally
open to the public.
(d)
Will not involve the construction of any new street or road, the
extension of municipal facilities or the creation of any other public
improvements.
(e)
Requires a variance(s) for no more than one of the proposed lots
on which new construction will occur or may occur in the future.
(f)
Is in general conformance with the Township Comprehensive Plan and
other plans.
(3)
As a conditional use on lots subdivided from tracts of five acres or more, existing as of the original date of adopting this chapter when done in compliance with the standards of §§ 350-67, 350-70, and 350-71 (standard lotting) and § 350-73A, with all conditional use standards in § 350-74 of this article.
The initial formal application for any subdivision in the R-1 District shall include an inventory and analysis of the site as specified in Article III, § 310-7, of Chapter 310, Subdivision and Land Development. These site elements shall be inventoried and mapped in sufficient detail to allow evaluation of the plan relative to the intent of this district. The Board of Commissioners may reduce the elements to be shown on the site inventory and analysis if warranted by site conditions and the limited size of the tract.
The following standards apply to all residential
development proposed under § 350-66A(1), Neighborhood lotting,
herein:
A.
All lots shall be grouped into neighborhoods which shall contain no more than 25 lots, which shall be surrounded by open land, subject to the provisions of Subsection E. When a development has more than one neighborhood, each shall contain no fewer than five and no more than 25 lots surrounded by open land.
B.
The maximum number of lots in a neighborhood may be
increased and neighborhoods may be assembled into larger groupings
with the recommendation of the Planning Commission and approval of
the Board of Commissioners. However, the applicant must demonstrate
that such an alternative plan is more appropriate for the tract in
question and will meet both the general intent and design standards
of this article, rather than being intended solely for economic savings.
C.
Neighborhoods are defined by the outer perimeter of
contiguous lotted areas or abutting roads and may contain lots, roads
and neighborhood open space.
D.
A plan may contain one or more neighborhoods.
E.
The outer boundaries of each neighborhood shall meet the neighborhood setback requirements specified in § 350-71C, herein, except that a maximum of 25% of the lots in a proposed development may extend to the tract boundary or may not directly face open space as required in Subsections A and J. This percentage may be increased to a maximum of 35% by conditional use, subject to the provisions specified in § 350-74B.
F.
Neighborhoods shall be located on areas of the tract
which are relatively free of sensitive environmental features. Disturbance
of woodlands, hedgerows, mature trees or other significant vegetation
shall be minimized. At a minimum, neighborhoods shall not encroach
upon:
G.
Neighborhoods shall be defined and separated by open land in order to provide direct access to open land and privacy to individual yard areas. Neighborhoods may be separated by roads if the road right-of-way is designed as a parkway and meets the setback requirements in § 350-71C.
I.
All lots in a neighborhood shall have access from
interior roads, rather than roads exterior to the tract.
J.
Lots in a neighborhood shall have the full length of at least one side adjacent to neighborhood open space or other open land (directly or across a road). This open space shall be at least 30 feet in depth; provided, however, up to 25% of the lots may be adjacent to one another or not have direct access to open space. This may be increased to 35% by conditional use, subject to the provisions specified in § 350-74C.
K.
Neighborhood open space standards. A neighborhood
with more than 10 residential lots must provide neighborhood open
space which shall:
(1)
Be central to the neighborhood it serves. Open land
used to separate neighborhoods may not be counted as neighborhood
open space.
(2)
Count as part of the minimum 60% open land requirement.
(3)
Be provided at the rate of 1,000 square feet per lot
in the neighborhood it serves.
(4)
Provide a minimum of 100 feet of road frontage and
a minimum average width of 30 feet in the neighborhood it serves.
(5)
Be permitted to contain stormwater detention basins
or parking areas, but these shall not be included in the required
1,000 square feet per lot.
(6)
Take the form of a village green, parkway or cul-de-sac
island in compliance with the following standards:
(a)
Village green. Each village green shall be at
least 10,000 square feet in size, shall be surrounded along at least
1/2 of its perimeter by roads and shall be configured so that a circle
with a radius of 50 feet can fit within the confines of the green.
(b)
Parkway. Each parkway shall have a minimum average
width of 35 feet, shall have a length of at least 150 feet and shall
be surrounded by streets on all sides.
(c)
Cul-de-sac island. Each cul-de-sac island shall
be located in the bulb of a cul-de-sac, shall have a radius of at
least 50 feet and shall be surrounded by streets on all sides.
All residential developments developed under
§ 350-66A(1), Neighborhood lotting, are required to provide
60% of each tract as common open land in compliance with the following
standards:
A.
The following uses are permitted in open land areas:
(1)
Conservation of open land in its natural state (for
example, woodland, fallow field or managed meadow).
(2)
Agricultural uses, including raising of crops or livestock
and farm buildings.
(4)
Passive recreation, including, but not limited to,
trails, picnic areas, community gardens and lawn areas.
(5)
Active recreation areas intended to serve one or more neighborhoods, such as playfields, playgrounds and courts, meeting the setback requirements in § 350-71B. Golf courses may be permitted, but shall not include driving ranges or miniature golf.
(6)
Water supply and sewage disposal systems for neighborhoods,
the entire development or for individual lots.
(7)
Pasture for horses (at a rate not exceeding one horse
per two acres).
(8)
Easements for drainage, access, sewer or water lines
or other public purposes.
(10)
Parking areas of 10 or fewer spaces where necessary
to serve active recreation facilities.
(11)
Aboveground utility and road rights-of-way,
except that their land areas shall not count toward the required minimum
60% total open land requirement.
(12)
A single-estate lot, in compliance with the
following standards:
(a)
A minimum lot size of two acres (see § 350-71B), of which a maximum of one acre may be developed with a single-family detached dwelling and customary accessory uses. A maximum of 50% of the undeveloped portion of the estate lot may be used to meet the 60% open land requirement. This maximum may be increased to 100% by conditional use subject to condition specified in § 350-74C.
(b)
The one acre of the estate lot that may be developed
shall include one single contiguous area of the site not left in its
natural state or used for agricultural purposes, including all dwellings,
accessory buildings and structures and paved areas.
(c)
The developed area of the estate lot shall meet the neighborhood setback standards listed in § 350-71C, with the exception of § 350-71C(1)(d) and (e).
(d)
Estate lots shall be restricted by a restrictive
covenant against further subdivision.
(e)
Dwellings on estate lots shall be counted toward
the maximum density permitted on a tract.
B.
Open land areas shall be located and designed to:
(1)
Protect site features identified in the inventory
and analysis as having particular value in compliance with the intent
of this article.
(2)
Comply conceptually with the recommendations of the
Township's Parks, Recreation and Open Space Plan and/or Comprehensive
Plan where specified.
(3)
Maximize common boundaries with open land on adjacent
tracts, as shown in the Comprehensive Plan or as otherwise required
by the Board of Commissioners in the interest of good planning and
design.
C.
Safe and convenient pedestrian and maintenance access
shall be provided to open land areas that are not in estate lots or
used for agricultural purposes.
(1)
Each neighborhood shall provide one centrally located
access point per 25 lots, a minimum of 75 feet wide.
(2)
Access to open land used for agriculture may be appropriately
restricted for public safety and to prevent interference with agricultural
operations.
(3)
Public access to estate lots is not required.
D.
The following are prohibited in open land areas:
(1)
Use of motor vehicles except within approved driveways and parking areas as permitted in Subsection A(10) above. Maintenance, law enforcement, emergency and farm vehicles are permitted, as needed.
(2)
Cutting of healthy trees, regrading, topsoil removal,
altering, diverting or modifying watercourses or bodies, except in
compliance with a land management plan for the tract in question conforming
to customary and accepted standards of forestry, erosion control and
engineering.
E.
Natural features, generally, shall be maintained in
their natural condition, but may be modified to improve their appearance,
functioning or overall condition, as recommended by experts in the
particular area being modified. Permitted modifications may include:
Because the development of standard one acre lots does not provide design flexibility to preserve existing natural features (as in § 350-68, Neighborhood design standards, and § 350-71C, Neighborhood setbacks), standard lotting shall be based on the application of environmental adjustment factors, as described below:
A.
Environmental adjustment factors. Except as may be provided for elsewhere in this article, the following environmental adjustment factors shall be used to determine developable lot area for standard lotting in the R-1 District. Each natural feature in the following figure shall be mapped for each proposed lot and deducted in part or wholly from the total lot area based on the percentages shown on the chart and in compliance with the requirements in Subsection B, below:
|
Natural Feature
|
On-Site Sewer and Water
|
Public Water Only
|
Public Sewer Only
|
Public Water and Sewer
| |
|---|---|---|---|---|---|
|
Soils:
| |||||
|
A. Seasonal high water table* less than 18 inches
|
.66
|
.66
|
0.00
|
0.00
| |
|
18 inches to 36 inches
|
.33
|
.33
|
0.00
|
0.00
| |
|
B. Depth to bedrock* less than 42 inches
|
.33
|
.33
|
0.00
|
0.00
| |
|
Diabase**
|
.66
|
0.00
|
.66
|
0.00
| |
|
Water bodies
|
1.00
|
1.00
|
1.00
|
1.00
| |
|
Watercourses
|
1.00
|
1.00
|
1.00
|
1.00
| |
|
Floodplain
|
1.00
|
1.00
|
1.00
|
1.00
| |
|
Wetlands
|
1.00
|
1.00
|
1.00
|
1.00
| |
|
Slope greater than or equal to 25%
|
1.00
|
1.00
|
1.00
|
1.00
| |
|
Slopes 15% to less than 25%
|
.33
|
.33
|
.33
|
.33
| |
|
NOTES:
| |
|---|---|
|
*
|
Applies to a sewage system that uses land for
treatment/disposal. For a sewage system not using land, the density
factor equals 0.0.
|
|
**
|
Applies to a site that uses on-site wells as the water source. For sites using public water or community water that is part of a larger, integrated system, the density factor equals 0.00 provided the Township Engineer is satisfied that the water supply will be sufficient, will not cause any adverse effect to existing wells and will comply with all applicable requirements of Chapter 342, Article I, Well Drilling, of the Code of the Township of Upper Pottsgrove.
|
B.
Developable acreage. Each proposed lot shall have
a developable acreage, as defined in this chapter, of one acre or
more.
[Amended 6-23-2003 by Ord. No. 351]
Density and dimensional requirements shall be
as follows:
A.
Single-family detached dwellings:
|
Neighborhood Lotting
|
Standard Lotting
| ||
|---|---|---|---|
|
Maximum tract size
|
—
|
5 acres
| |
|
Minimum common open land
|
60%
|
—
| |
|
Maximum density
|
1 DU/gross acre
|
1 DU/developable acre
| |
|
Minimum lot size
|
10,000 square feet
|
1 developable acre*
| |
|
Maximum lot size
|
1 acre
|
—
| |
|
Minimum lot width
|
75 feet
|
150 feet
| |
|
Minimum front yard
[Amended 3-6-2006 by Ord. No. 391] |
25 feet
|
100 feet, arterial roads; 60 feet, collector
streets; 40 feet, local streets
| |
|
Minimum side yard
|
15 feet
|
25/60 ft. agg.
| |
|
Minimum rear yard
|
25 feet
|
40 feet
| |
|
Maximum building coverage
[Amended 7-17-2006 by Ord. No. 397] |
18%, with the exception of "Excess building coverage lots" as established in § 350-71D
|
5%
| |
|
Impervious cover limitations
|
30%
|
25%
| |
|
Maximum height of dwellings
|
35 feet
|
35 feet
| |
|
Maximum height of accessory buildings
|
15 feet
|
15 feet
|
|
NOTES:
| |
|---|---|
|
*Developable acreage shall be based on the standards contained in § 350-70.
|
B.
Estate lot standards.
(1)
Minimum lot size: two acres.
(2)
Maximum developed area (setbacks apply to developed
area of lot): one acre.
(3)
Minimum lot width: 150 feet.
(4)
Minimum front yard: 40 feet.
(5)
Minimum side yard: 25/60 feet agg.
(6)
Minimum rear yard: 40 feet.
(7)
Maximum building coverage: 15% of developed area.
(8)
Maximum height of dwellings: 35 feet.
(9)
Maximum height of accessory buildings: 15 feet.
C.
Neighborhood setbacks.
(1)
The outer boundaries of all neighborhoods shall meet
the following setbacks. The boundary is defined as the outer edge
of lots abutting open land or as the outer boundary of roads adjacent
to the fronts of those lots.
(a)
From external arterial and collector road ultimate
rights-of-way (including limited access roads) or from scenic roads
as defined in the Comprehensive or Parks, Recreation and Open Space
Plan: 200 feet.
(b)
From all other external road ultimate rights-of-way:
200 feet.
(c)
From all tract boundaries: 100 feet.
(d)
From crops or pastures: 100 feet.
(e)
From buildings or yards housing livestock: 300
feet.
(f)
From other residential neighborhoods: 100 feet.
(g)
From wetlands, floodplains, watercourses or
steep slopes: 75 feet.
(h)
From active recreation areas such as court or
playing fields: 75 feet.
(2)
All setback areas along roads shall be landscaped according to the standards of Chapter 310, Subdivision and Land Development, to preserve scenic views and integrate the neighborhood into the surrounding landscape.
(3)
Setbacks may be reduced by the Board of Commissioners
under the following circumstances:
(a)
Setbacks from roads may be reduced to a minimum
of 50 feet if the applicant can demonstrate that the existing vegetation
and/or topography form an effective visual buffer along these roads.
(b)
Setbacks from tract boundaries may be eliminated for a maximum of 25% of the lots in a proposed development in compliance with § 350-68E.
(c)
All other neighborhood setbacks may be reduced to 1/2 of the requirement specified in Subsection C(1)(a) through (h) if the applicant can demonstrate that reduced setbacks improve the plan's compliance with the neighborhood design standards in § 350-68, the intent of this article and other goals of the Comprehensive Plan and the Parks, Recreation and Open Space Plan. Tract boundary setback may be reduced to 50 feet if heavily wooded.
D.
Excess building coverage lots.
[Added 7-17-2006 by Ord. No. 397]
(1)
Excess building coverage lots shall not exceed 20%
of the total residential lots contained in an R-1 neighborhood development.
(2)
Lots classified as excess building coverage lots shall
be permitted to have maximum building coverage in excess of 18% but
shall not exceed 22% maximum building coverage.
(3)
No lots classified as excess building coverage lots
shall be permitted to lie adjacent to one another.
A.
The following methods of ownership may be used for
common open space land and facilities, either individually or in combination:
(1)
Fee simple dedication to the Township, provided that:
(a)
The dedication is accepted by the Township.
(b)
The land is accessible to all Township residents.
(c)
There is no cost of acquisition to the Township.
(d)
The Township agrees to maintain such lands and
has access to do so.
(e)
Financial security is posted to ensure structural
integrity and functioning of any improvements for a term not to exceed
18 months from the date of acceptance of dedication. The amount of
this security shall not exceed 15% of the actual cost of installation
of the improvements.
(2)
Homeowners' or condominium association. Open space
and associated facilities may be held by a homeowners' association
approved by the Township and formed and operated in accordance with
the following provisions or a condominium association in compliance
with the provisions of the Pennsylvania Condominium Act,[1] provided:
(a)
Membership in the association is mandatory for
all homeowners and their successors. Membership shares shall be clearly
defined in the association bylaws.
(c)
Access to the undivided open space shall be
granted to all association members.
(d)
The homeowners' association declaration of covenants,
easements and restrictions specifically shall define the rights of
the association to execute the following assessments. The assessment
process shall be designed to provide sufficient funds to permit the
association to meet all of its maintenance obligations. The process
also shall be sufficient to provide funds to pay taxes.
[1]
Common expenses assessments. Day to day operating
costs associated with common areas. The declaration should specify
the developer's duty for payment of common expense assessments and
the starting date for payment by the association.
[2]
Special assessments. Unanticipated expenses.
[3]
Capital improvement assessments. Planned major
expenditures for maintenance, repair, replacement or construction
of capital improvements to the common areas.
(e)
The association shall be organized by the developer
and operated with financial subsidy by the developer before the sale
of any lots within the development.
(f)
The conditions, timing and mechanism for transferring
control from the developer to the association must be defined and
approved by the Township.
(g)
The association shall be responsible for maintenance,
insurance and taxes on undivided open space.
(h)
The members of the association shall share equitably
the costs of maintaining and developing such undivided open space.
The association bylaws must authorize the association to place liens
on property of members failing to meet their share of the financial
obligation. If the association fails to maintain the open land, the
Township has the right, but not the duty, to maintain the property
and bill the association to cover expenses. The Township's right to
maintain common areas shall commence during project construction.
(i)
In the event of a proposed transfer of undivided
open land (to the Township, private conservation organization or private
landowner) within the ownership methods permitted herein, or in the
event of the assumption of maintenance of undivided open space land
by the Township, notice of such action shall be given to all property
owners within the development.
(j)
The association shall have adequate staff to
administer common facilities and properly and continually maintain
the undivided open land.
(l)
The developer shall provide homeowners with
a clear description of the rights and responsibilities of the association.
Simple documentation (such as a descriptive brochure) of this information
shall be provided to homeowners at closing.
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101
et seq.
(3)
Transfer of title to a private conservation organization.
With the permission of the Township, an owner may transfer title to
a private, nonprofit organization whose purpose is to conserve open
space and/or natural resources, provided that:
(a)
The organization is acceptable to the Township
and is a bona fide conservation organization with perpetual existence.
(b)
The conveyance contains appropriate provisions
for proper reverter or retransfer in the event that the organization
becomes unwilling or unable to continue carrying out its functions.
(4)
Private landowner approved by the Township. If this
form of ownership is used, then a deed restriction and a conservation
easement permanently restricting the land from further subdivision
or development is required.
B.
Conservation of open land.
(1)
All common open land shall be permanently deed restricted
from further subdivision and development. The deed restriction shall
be reviewed and approved as part of the subdivision and land development
process.
(2)
In addition, all open land shall be restricted further
by the use of conservation easements among at least two parties consisting
of the owner of the land and one or more of the following:
(3)
The conservation easement shall be reviewed and approved
by the Township Solicitor as part of the final subdivision and land
development approval.
C.
Maintenance. Unless otherwise agreed to by the Board
of Commissioners, the cost and responsibility of maintaining common
facilities and open land shall be as hereinafter set forth. If the
facilities are not properly maintained, the Township may assume responsibility
of maintenance and assess costs as provided by law and this article.
(1)
The ultimate owner of the common open space and facilities
shall be responsible for providing all monies required for operations,
maintenance or physical improvements to the open space and facilities
through annual dues, special assessments, etc.
(2)
In the event that the owner of the open space at any
time after the establishment of a development containing undivided
open space fails to maintain the undivided open space is reasonable
order and condition in accordance with the Landscape Management Plan,
the Township may serve written notice upon the owner of record, setting
forth the manner in which the owner of record has failed to maintain
the undivided open space in reasonable condition.
(3)
Failure to adequately maintain the undivided open
space and facilities in reasonable order and condition constitutes
a violation of this article. The Township is hereby authorized to
give notice to the owner or occupant of any violation, directing the
owner to remedy the same. If the owner fails to take remedial action,
then the Township has the right to maintain the undivided open space
and facilities.
(4)
Should any costs for maintenance of undivided open
space incurred by the Township remain uncompensated by November 1
of each year, a late fee of 15% shall be added to such bills and a
lien shall be filed against the premises in the same manner as other
municipal liens.
A.
All development shall be provided with adequate sewage
treatment facilities in conformance with the Township's 537 plan.
Alternatives may include:
A.
To develop tracts other than tracts of less than five
acres, existing as of the date of adoption of this article, with single-family
detached dwellings with standard lotting with no common open land,
the applicant must demonstrate that the following conditions are met
to the Township's satisfaction:
(1)
The tract in question is unsuitable for neighborhood
development due to factors such as the size or shape of the tract
or the location of natural features.
(2)
A complete environmental and visual inventory of the site has been submitted, as required by § 350-67.
(3)
The proposed development is consistent with good design
principles and land development practices. Specifically, it shall
be designed to minimize views of dwellings from exterior roads and
to avoid stripping out of lots along those roads.
B.
C.
Conditional use standards for increasing the percent of estate lot open space that counts towards the total amount of common open space, as specified in § 350-69A(12)(a). This maximum amount of estate lot open space that can be applied to the 60% required tract open space may be increased to 100% by conditional use subject to the following condition: the estate lot open space will be used for continuing farm operations, orchards or a similar agricultural use.
D.
No conditional use shall be granted for economic reasons.
Development under the standards of this article
may be phased and estate lots may be subdivided prior to neighborhood
development in accordance with a unified development plan for the
entire tract and the following requirements:
B.
The unified development plan for the tract shall be
approved as a sketch plan and shall be made a part of a binding development
agreement between the applicant and the Township.
C.
When estate lots are subdivided prior to neighborhood
development, the following standards shall apply:
(1)
If neighborhood development is desired in the future,
the plan must be designed so that sufficient land area is set aside
in a suitable configuration for that purpose.
(2)
The maximum density permitted within the neighborhood
development shall be based upon the acreage of the original tract,
minus the dwelling units on the estate lots.
(3)
The estate lots shall be restricted from further subdivision
by restrictive covenant when they are created.
(4)
Any future neighborhood development shall be consistent
with the approved sketch plan and development agreement.
