The alternative design options established under this article
have been created to support the protection of the unique and rich
ecology, flora and fauna, natural and scenic landscapes, and historical
features which characterize Pennsbury Township, including scenic views
and viewsheds, agricultural resources, historic and archeological
resources, water bodies, floodplains, riparian buffers, wetlands and
hydric soils, steep slope areas, ridgelines, rock outcroppings, wildlife
habitats, unique vegetation, hedgerows, and woodlands of the Township,
and to pursue the goals in the Pennsbury Township Comprehensive Plan
of 2006, as amended. The purposes of this article are:
A. To provide an opportunity for flexibility in lot and site designs
and dwelling types not afforded by conventional lot-by-lot development.
B. To provide for a more varied, innovative, and efficient development
pattern.
C. To preserve unique and sensitive landscapes and site features by
locating new dwelling units in areas removed from such features.
D. To protect scenic vistas and viewsheds from encroachment by development.
E. To retain and protect open space areas, including areas noted for
their value as a wildlife habitat or corridor, a site of unique vegetation,
such as specimen trees, or other sites or features contributing to
the natural diversity of the Township.
F. To minimize potential adverse impacts resulting from the location
of new residential development adjacent to nonresidential uses.
G. To protect agricultural uses and limit disturbance of agricultural
soils.
H. To support the objectives of the state designated Lower Brandywine
Scenic River Corridor.
I. To protect historic resources, including the Brandywine Battlefield
National Historic Landmark Planning Area.
J. To provide a means to attain the goals and objectives of the Comprehensive
Plan relative to orderly growth and the protection and/or enhancement
of environmental resources.
An applicant may utilize land within the R-1, R-2, or R-3 Zoning
Districts under the provisions of this article for development of
one or more of the following residential uses:
A. Single-family detached dwellings.
B. Single-family attached, two-family, and multifamily dwellings, and accessory residential uses only through rehabilitation or adaptive reuse of historic resources, as defined in this chapter where part of a development under the Open Space Design Option, subject to the requirements of §
162-1808.
C. Uses allowed for permanently protected open space, within such permanently protected open space, as set forth in §
162-1806 of this article.
The applicant shall comply with the following standards as well as applicable standards of Article
XVII where rehabilitation or adaptive reuse of a historic resource, as defined in this chapter, is proposed in order to develop dwelling units in addition to the maximum otherwise permissible under §
162-1804 above.
A. The historic resource shall not be increased in square footage by
more than 25% of its existing floor area at the time of application,
for the purpose of accommodating additional dwelling units.
B. No new freestanding structures nor additions to nonhistoric structures shall be erected to accommodate additional dwelling units beyond those permitted pursuant to §
162-1804B.
C. Construction plans for the rehabilitation, alteration, or enlargement of a historic resource shall be in substantial compliance with the Secretary of the Interior's Standards for Rehabilitation [see §
162-1706A(3)].
D. Authentic period materials and colors shall be used on all facades
and any portion of a historic resource or enlargement thereof visible
from any existing or proposed public right-of-way. Appropriate substitute
color, design, or material may occur only upon the approval of the
Township after written recommendation of the Historical Commission.
E. An applicant shall demonstrate preservation of sufficient landscaped
or buffer area surrounding historic resources to retain the integrity
of the historical landscape setting. An applicant may demonstrate
mitigation of impacts to the historical landscape setting through
plans showing the introduction of vegetation or other screening in
harmony with such landscape setting and through retention of view
lines which visually link historic resources to their landscape setting.
F. Facilities and equipment for heating/air conditioning, trash collection
and compaction, and other structural elements not in keeping with
historical architectural themes shall be concealed architecturally
or otherwise screened completely from view.
G. An applicant shall guarantee permanent adherence to these standards
through establishment of appropriate conservation/facade easement(s)
granted to a nonprofit historical or environmental conservation organization
capable of enforcing the restrictions or a governmental entity, according
to documentation acceptable to the Township after consultation with
the Township Solicitor.
Where the net area of a tract to be subdivided within the R-1
District is less than 15 acres or is less than 10 acres in the R-2
or R-3 Districts, the tract shall be eligible for development utilizing
lot averaging provisions, subject to approval as a conditional use,
as follows:
A. The maximum gross density of any development utilizing lot averaging shall not be more than allowed through the underlying zoning district regulations in which the tract is located. The average size of all lots within the development utilizing lot averaging shall be three acres, net area, in the R-1 District, and two acres, net area, in the R-2 or R-3 Districts. The sizes of individual lots may vary; minimum standards for any one lot are set forth in §
162-1809E, below.
B. No lot of such size as to be capable of further subdivision under
the underlying zoning district regulations shall be included in determining
the average lot area unless the possibility of such further subdivision
is eliminated by a deed restriction or agreement in a form acceptable
to the Township and duly recorded in the Office of the Recorder of
Deeds of Chester County.
C. The tract of land proposed for lot averaging shall be suitable for development in the manner proposed without hazards to persons or property, on or off the site, due to flooding, erosion, or other dangers or inconveniences. Conditions of soil, groundwater level, drainage, and topography, and other natural resources in Article
XV shall be compatible with the proposed design. All plans utilizing lot averaging provisions shall adhere to §
162-1805A and shall demonstrate compliance with the Four-Step Design process as set forth in Chapter
138, Subdivision and Land Development.
D. A site plan, including layout of streets and lots, and location of
any extant historic resources and natural features shall accompany
the plan application and shall be, in the judgment of the Township,
in compliance with the purpose of this article.
E. For development utilizing lot averaging, the following minimum area and bulk regulations shall apply to any individual lot except where modifications are approved by the Board of Supervisors as condition(s) of conditional use approval, where the Board of Supervisors determines that such modifications improve conformance to the results of the Four-Step Design process as set forth in Chapter
138, Subdivision and Land Development, and further afford consistency with the objectives of this article and the Pennsbury Township Comprehensive Plan of 2006, as amended:
(1)
Minimum lot area: one acre, net area.
(2)
Minimum lot width at the building line: 150 feet.
(3)
Maximum lot coverage: 15%.
(4)
Minimum front yard: 40 feet, where it fronts on a local residential street, or 60 feet where it fronts on an arterial or collector road, or in the case of a flag lot or corner lot, the provisions of §
162-1902 shall apply.
(5)
Minimum side yard: 50 feet in width, aggregate of two side yards;
20 feet in width, minimum individual side yard.
(6)
Minimum rear yard: 40 feet in depth, unless the lot is a reverse-frontage lot, in which event the requirements of §
162-1902 shall apply.
(7)
Maximum building height: three stories or 35 feet in height whichever is less, except those buildings or structures exempted in §
162-1902.