In addition to the purposes and community development objectives discussed in Article I, the intent of this article is to allow lands encumbered by natural, scenic, historic and cultural resources to be developed in a more site-sensitive manner than is generally possible through conventional subdivisions. The resulting residential development shall preserve the open, rural character of the Township, maintain the quality of the existing scenic landscape, and cause the least possible disturbance to environmentally sensitive resources of the land and result in the greatest possible retention of open space for the use and enjoyment of the residents of the development and the aesthetic benefit of the Township as a whole in a manner which is consistent with: the Township Open Space, Recreation, and Environmental Resources Plan; the Township Comprehensive Plan; the Chester County Comprehensive Plan; and Pennsylvania Municipalities Planning Code.[1]
Such environmentally sensitive and open space-oriented developments
can be achieved through a combination of more concentrated development,
more efficient use of infrastructure and creative lot design. To encourage
the use of this development option, a minimal density bonus shall
be granted for development that uses this option. The large tract
option was utilized for the development of The Preserve at Squire
Cheyney and the small tract option for the development of Sage Hill.
Multiple contiguous parcels undivided by roads, railroad rights-of-way
or other significant obstructions that effectively divide the site.
In the case of multiple contiguous parcels, all applicable parcels
shall be developed according to a single plan and with common authority
and common responsibility. The applicant shall submit evidence of
an agreement between all owners of included parcels demonstrating
binding commitment to common development of the parcels; and
In addition to complying with § 155-1201A(3) and (4), to be eligible for development of a large tract cluster residential development, the tract must at a minimum:
Multiple noncontiguous parcels directly adjacent to Township-owned
open space lands and identified as scenic lands intended to preserve
the scenic character of the Township from adjacent roadways and properties
as defined by the Thornbury Township Open Space, Recreation and Environmental
Resources Plan and are within 100 feet of each other. All applicable
parcels shall be developed according to a single plan and with common
authority and common responsibility. The applicant shall submit evidence
of an agreement between all owners of included parcels demonstrating
binding commitment to common development of the parcels; and
Be identified by the Township Open Space, Recreation and Environmental
Resources Plan as scenic lands and contain historic resources and
be listed on the State Inventory of Historic Places.
In addition to those uses listed in § 155-1202A the development of large tract cluster residential development is eligible for the following additional uses:
For any development under this article, the maximum permitted number of dwelling units shall be calculated by multiplying the number of units allowed under the provisions of § 155-1409, Gross density, by 1.20.
Not less than 60% of the total tract area must be designated
on the plan as common open space and held in a tract or tracts separate
from the development area.
Not less than 15% or five acres (whichever is greater) of common
open space areas must be suitable for active recreational use and
free of the following constraints:
The area(s) of the tract that will not be designated as part
of the common open space area must be designated on the plan as development
area(s). Development areas are all areas not designated as common
open space and include (but are not limited to) building areas, yards,
driveways and roads.
Within a development area, single-family dwellings may be arranged so as to provide for individual lots for each unit or may be arranged as rental units or condominiums. Sufficient yard areas shall be set aside [see dimensional standards in § 155-1205B(1)] and designated on the plan so that throughout the development the maximum net residential density shall not exceed four units per acre.
Within any development area that is developed as rental or condominium
units rather than in individual lots, the remaining area within the
development area (that not containing structures, roads, driveways,
etc.) shall be designated local open space. Local open space shall
remain separate from common open space, and its use shall be primarily
for residents of the development area in which it is located.
Uses within local open space areas shall be limited to yard
area, landscape areas and walkways. There shall be a minimum of 20
feet between all buildings within development areas and the outer
edge of adjacent local open space.
Not less than 50% of the net tract area must be designated on
the plan as common open space and held in a tract or tracts separate
from the development area.
Conservation lots that contain and preserve historic structures
that are either listed on the National Register of Historic Places
(NRHP) or are eligible for inclusion on the NRHP may be counted toward
the required common open space.
Development area. The area(s) of the tract that will not be
designated as part of the common open space area must be designated
on the plan as development area(s). Development areas are all areas
not designated as common open space and include (but are not limited
to) building areas, yards, driveways and roads.
Within a development area, single-family dwellings shall be arranged so as to provide for individual lots for each unit. Sufficient yard areas shall be set aside [see dimensional standards in § 155-1205B(2)] and designated on the plan, so that throughout the development the maximum net residential density shall not exceed four units per acre of the total tract area.
Site design principles. The location of common open space, dwellings and site improvements shall be in response to the findings of the site analysis plan required under Chapter 115, Subdivision and Land Development, § 115-29C(11). The following standards shall apply during the siting process:
Maximize conservation of site features identified as having
particular conservation, historical, or recreational value, including:
steep slopes, floodplains, watercourses, wetlands, high groundwater
areas, mature trees, woodlands, hedgerows, fence lines, historic sites
or structures, historic road or other transport traces, paths and
trails, and other noted landscape features;
In addition to the standards listed under § 155-1205A(2); dwellings and accessory buildings for a small tract cluster residential developments shall be configured so as to be:
Situated below ridge line elevations to preserve existing vistas. To achieve this objective, dwellings and accessory buildings should be sited entirely below the elevation of the nearest ridgeline whenever possible. Where the applicant claims that dwellings or accessory buildings cannot be situated below the ridgeline, it shall be the burden of the applicant to demonstrate why not and how the proposed design creates the minimum possible disturbance of views of the ridgeline per the requirements of § 155-1205B(1)(b)[1].
Where preexisting natural features of the subject
property, including, but not limited to, woodland areas, changes in
topography, hedgerows or other site characteristics, result in the
dwelling unit being completely visually screened from the adjacent
property, this setback may be reduced to 50 feet.
Where preexisting natural features of the subject
property, including, but not limited to, hedgerows or partially wooded
areas, significantly screen dwelling unit(s) from the adjacent property
but do not create a complete visual screen, this setback may be reduced
to 75 feet.
The determination of whether the site characteristic
in question results in complete visual screening or significant screening
is at the sole discretion of the Board of Supervisors.
To the extent that any portion of a structure must
be located above a ridgeline elevation, such siting shall be contingent
upon the submission and approval by the Board of Supervisors of a
plan for the mitigation of such ridgeline impacts. Such plans shall
identify the locations and dimensions of the proposed structure(s)
the architectural style proposed and shall demonstrate how the structure(s)
shall be effectively screened from adjacent tracts through screening
and/or designed to minimize disruption of views of the ridgeline.
All buildings shall be set back at least 10 feet from the edge
of any shared parking area, except in the case of adjacent driveways,
for which no setback shall be required.
Where common open space is designated as separate, noncontiguous
parcels, no single parcel shall consist of less than one acre in area.
No single area or portion of an area designated as common open space
shall be counted toward the minimum required open space wherever such
area or portion of area is less than 100 feet in width (all of which
shall be contained on the subject property) except in the case of
a trail corridor designated in the Thornbury Township Open Space,
Recreation, and Environmental Resources Plan or other linkage between
two larger, noncontiguous, open space areas.
Any parcel within a cluster development that could qualify for
further subdivision, including any common open space parcel, shall
be restricted from further subdivision or land development by deed
restriction, conservation easement or other agreement in a form acceptable
to the Township and duly recorded in the office of the Recorder of
Deeds of Chester County and shall be noted on the face of the record
plan. Any such mechanism shall be structured in a manner that would
require the agreement of both the Township and the homeowners'
association or like organization in order to abolish it in the future.
The maximum impervious surface area for any lot shall be 35%
of the total lot area. Additionally, no more than 20% of the total
tract area shall be of impervious surfaces.
Any parcel within a scenic open space residential cluster development
that could qualify for further subdivision, including any open space
parcel, shall be restricted from further subdivision or land development
by deed restriction, conservation easement or other agreement in a
form acceptable to the Township and duly recorded in the office of
the Recorder of Deeds of Chester County and shall be noted on the
face of the record plan. Any such mechanism shall be structured in
a manner that would require the agreement of both the Township and
the homeowners' association or like organization in order to
abolish it in the future.
Community or public sewage treatment facility involving land
disposal and groundwater recharge facilities, but excluding buildings
and other aboveground structures associated with such facilities.
Community or public sewage conveyance and treatment facility
involving land disposal and groundwater recharge facilities, as well,
as buildings and other aboveground structures associated with such
facilities, including a sewage pumping station.
Areas utilized for stormwater management and groundwater infiltration.
The maximum combined areas of stormwater management facilities and
sanitary sewer facilities shall not exceed 50% of the required open
space areas.
Historic structures, as defined within the Open Space, Recreation
and Environmental Resources Plan, and associated lot area for the
purpose of preserving historic resources.
The subdivision and/or land development plan submission shall include
documents creating and governing a property owner's organization
and containing the declarations of covenants, restrictions, easements,
charges and liens deemed necessary to own and maintain the common
open space area(s), local open space area(s) and any recreation areas
within the cluster development.
Ownership options. Areas to be preserved in common open space shall
be held either individually or collectively using the following methods
of ownership:
Homeowners' association. The common open space areas and their facilities may be held in common ownership by a homeowners' association. The association shall be formed and operated in accordance with the provisions of § 155-1207C.
Condominium. The common open space areas and their facilities
may be held as common element under a condominium agreement. Such
agreement shall be in conformance with the Uniform Condominium Act.[1]
Fee simple dedication to the Township. The Board of Supervisors
may consider open space lands and their facilities for dedication
for public use at the time of application for cluster development
approval. The Township has neither the obligation to accept such property,
nor the need to require dedication of common property as a condition
for approval.
Dedication of easements. Easements within common open space
areas along such unique natural features as water bodies may be offered
to the Township for public use or to a private conservancy. Title
to such lands shall remain in ownership by the homeowners' association
or condominium agreement.
Lease option. To encourage the retention of agricultural lands, the Township, homeowners' association, or the condominium agreement may permit all or portions of the open space lands to be leased back to a farmer. Approval of the lease-back option shall be conditioned on appropriate agreements between the title holder and the farmer concerning permitted farming practices and use of land in the event that farming practices cease, in addition to the requirements of § 155-1207C.
Homeowners' association regulations. In addition to the foregoing,
the following minimum essential provisions shall be identified with
respect to such organization:
Powers and duties in maintaining and administering open space,
recreational facilities and supplementary project facilities such
as light fixtures, refuse stations, etc.
Powers and duties in administering and enforcing all covenants
and restrictions and in the levying, collecting and disbursing of
assessments and charges.
Rights and duties of the Township of Thornbury, members of the
organization and residents of the development in the event of a breach
of the covenants and restrictions.
If such organization is abandoned or abolished or if such organization
desires to dispose of the common open space and recreation areas,
said open space recreation areas shall be first offered for dedication
to the Township of Thornbury at no cost to the Township before it
is otherwise disposed of. The Township may refuse to accept such dedication
and elect, as provided in the following subsection, to maintain the
open space, with all costs of such maintenance being paid ratably
by the residents of the development.
In the event that the organization established to own and maintain
common open space, or any successor organization, shall at any time
after establishment of the development fail to maintain the common
open space in reasonable order and condition in accordance with the
recorded plan, the Board may proceed in a manner similar to that provided
in Section 705(f)(2) of the Pennsylvania Municipalities Planning Code[2] to demand that the deficiencies of maintenance be corrected
or that the Township will enter upon and maintain common open space.
The Township may continue to maintain such open space, as further
provided in that section of the Pennsylvania Municipalities Planning
Code,[3] until an organization is established by the residents
of the development which the Board finds is ready and able to maintain
such common open space. The cost of such maintenance by the Township
shall be assessed ratably against the properties within the development
that have a right of enjoyment of the common open space and shall
become a lien on said properties. The Township, at the time of entering
upon said common open space for the purpose of maintenance, shall
file a notice of lien in the Chester County Office of the Prothonotary
upon the properties affected by the lien within the development.