[Amended 2-21-1978 by Ord. No. 197; 9-2-1982 by Ord. No. 231; 6-18-1990 by Ord. No. 299; 12-16-1991 by Ord. No. 307; 8-7-1995 by Ord. No. 342; 3-15-2004 by Ord. No. 436; 3-15-2021 by Ord. No. 588; 9-20-2021 by Ord. No. 592]
In expansion of the statement of community development objectives contained in § 182-2 of this chapter, it is hereby declared to be the intent of this article with respect to CL Cluster Development Districts to encourage a creative approach to the use of land, the creation of usable open space areas throughout the Township and more efficient development patterns in terms of roads and utilities. Specifically, this article is intended to provide for a variation in the normally required lot sizes for single-family detached dwellings in the R-2 and R-3 Residential Districts, so that the present permitted densities of dwelling units contemplated by the minimum lot sizes prescribed therefor are maintained on an overall basis, and desirable open space, tree cover, historic sites, recreation areas, scenic vistas, stream valleys or other lands for public purposes are preserved within these developments for the benefit of the residents of the development and in furtherance of the general welfare of Upper Providence Township.
The following necessary conditions must be satisfied by an applicant seeking to develop in a clustered fashion before the Board of Supervisors will grant a preliminary plan approval for a subdivision plan prepared in accordance with the requirements of this article.
A. 
Tract size. The tract of land to be developed shall not be less than 25 acres m area.
B. 
Ownership. The tract of land to be developed shall be in one ownership or shall be the subject of an application filed jointly by the owners of the entire tract, and it shall be agreed that the tract will be developed under single direction in accordance with an approved plan.
C. 
Sewer and water facilities. The cluster development shall be served by centralized water facilities and public sewer facilities, which may include capped sewers, deemed acceptable by the Board of Supervisors, upon recommendation of the Township Engineer.
D. 
Development plan. The application for development shall be accompanied by a plan or plans, in accordance with § 182-71, showing the detailed use of the entire tract, which plan or plans shall also comply with all requirements of Chapter 154, Subdivision and Land Development, and other applicable ordinances. The plan shall clearly designate the proposed use of each area of the tract.
E. 
Development stages and permits. The development of a tract carried out in either a single phase or in stages shall be executed in accordance with a development agreement. The owner, developer and Township shall enter into said agreement embodying all details regarding compliance with this article to assure the binding nature thereof on the overall tract and its development, which agreement shall be recorded with the final development plan.
A. 
The number of dwelling units permitted by utilizing the provisions of this article shall be determined by the procedure set forth in § 182-71.B.
B. 
Dimensional standards for cluster development are as follows:
Dimensional Standard
R-2 District
Minimum common open space
30%
Minimum lot size
8,750 square feet
Minimum lot width
70 feet
Minimum front yard
25 feet
Minimum side yard
Minimum
10 feet
Aggregate
20 feet
Minimum rear yard
30 feet
Minimum rear yard perimeter tract boundary abutting other residential use
40 feet
Minimum rear yard perimeter tract boundary abutting open space
30 feet
Accessory building setback from rear or side lot lines (accessory buildings not permitted in front yard setback)
5 feet
Maximum building coverage (percent of lot area)
40%
Maximum impervious coverage (percent of lot area)
50%
C. 
Properties zoned R-3 may apply the provisions within this Cluster Development District as if the parcel was zoned R-2. All dimensional criteria outlined within the R- 2 District shall apply when determining the total number of dwelling units as required by § 182-69A above and the requirements outlined with § 182-71 below.
D. 
Uses permitted:
(1) 
A single-family detached home.
(2) 
No-impact home-based business, in accordance with the standards set forth in § 182-21.3 herein.
(3) 
Home occupation, provided that all of the requirements of § 182-21.4 herein can be met.
(4) 
Accessory uses on the same lot with and customarily incidental to any permitted use.
The requirements listed in Article IVA, Open Space and Recreational Facilities, of Chapter 154, Subdivision and Land Development, shall govern the required open space created by cluster development.
In addition to the information to be shown on plans submitted in accordance with Chapter 154, Subdivision and Land Development, applications for cluster development proposals shall include the following:
A. 
The location and size of the site, with evidence supporting the general adequacy for development.
B. 
The proposed residential density of the development, as determined by the following procedures:
(1) 
A yield plan, showing the maximum number of lots that could be developed in accordance with the underlying zoning district, shall be prepared for the tract proposed for subdivision. This yield plan shall be prepared in accordance with the tentative sketch plan standards set forth in § 154-11 of the Subdivision and Land Development Ordinance and shall meet all requirements of the underlying zoning district, the net lot area calculation and all other applicable standards.
(2) 
The base residential density permitted in a cluster development shall equal the number of residential lots permitted under the yield plan.
(3) 
A cluster development may increase its density by 1.5 units per acre where a proposed internal trail system provides trail connections to an existing Township or regional trail network.