In addition to the general goals listed in the statement of purpose and community development objectives in Article I, the R-2 High Density Residential District is intended to:
A. 
Provide for higher densities and a variety of housing types to meet the current and projected housing needs of the Township;
B. 
Ensure that high density development is compatible with existing residential development;
C. 
Direct high density residential uses to locations with direct access to major highways and commercial areas; and
D. 
Encourage the preservation of open space through the use of a residential cluster development option.
In addition to fulfilling the intent of this district, the R-2 High Density Residential District shall be located or expanded to areas that:
A. 
Comply with recommendations outlined in the New Garden Township Comprehensive Plan, Future Land Use Plan;
B. 
Allow higher density residential uses to be compatible with surrounding or adjacent development; and
C. 
Are in close proximity to arterial and collector roads as identified in the New Garden Township Comprehensive Plan.
A. 
By right use regulations. A building may be erected, altered, or used, and a lot or premises may be used, by right, for any one of the following purposes and no other in accordance with the regulations set forth in this article:
(1) 
Single-family detached dwelling.
(2) 
Single-family semidetached dwelling.
(3) 
Residential cluster development when in accordance with Article XV.[1]
[1]
Editor's Note: Original Section 503.1D, regarding planned residential development, which immediately followed this subsection, was repealed 8-13-2001 by Ord. No. 142.
(4) 
Agricultural use in accordance with § 200-117.
(5) 
Residential accessory uses. The following accessory uses shall be permitted, provided that they shall be incidental to any of the foregoing uses:
(a) 
Customary residential accessory uses.
(b) 
Swimming pools.
(c) 
Minor home occupations in accordance with § 200-124.
(d) 
Residential garages.
(e) 
Renewable energy facility in accordance with the provisions of § 200-127.
[Added 10-24-2011 by Ord. No. 189]
(6) 
New Garden Township municipal use.
(7) 
Park, playground, athletic field, recreation building, and community center operated on a noncommercial basis for recreational purposes.
B. 
Special exception regulations. Only one of the following uses may be permitted per lot as a special exception when authorized by the Zoning Hearing Board, subject to the standards of this section and Article XX of this chapter:
[Amended 8-13-2001 by Ord. No. 142]
(1) 
Church or similar place of worship, seminary, convent, rectory, or parish house or Sunday school building.
(2) 
Family day-care homes in accordance with § 200-121.
(3) 
Solar energy facility with an array area greater than 1,000 square feet, in accordance with the provisions of § 200-127.
[Added 10-24-2011 by Ord. No. 189]
C. 
Conditional use regulations. Only one of the following uses may be permitted per lot as a conditional use when authorized by the Board of Supervisors, subject to the standards of this section and Article XIX of this chapter:
[Amended 8-13-2001 by Ord. No. 142]
(1) 
Single-family attached dwelling.
(2) 
Apartments and other similar multifamily development in accordance with § 200-129.
(3) 
Manufactured home park/mobile home park in accordance with § 200-127.
(4) 
Public and private school.
(5) 
Major home occupation, in accordance with § 200-124.
(6) 
Group day-care homes and day-care facilities in compliance with § 200-121.
[Amended 8-13-2001 by Ord. No. 142]
The following area and bulk regulations shall be observed for each dwelling type:
A. 
Single-family detached.
With Public
Water and Sewer Systems
On-lot Water and Sewer Systems
Either Public Water or Public Sewer
Minimum lot size (acres)
1/2
1
3/4
Maximum lot coverage
30%
25%
25%
Maximum building coverage
15%
10%
10%
Minimum setbacks:
Front yard (feet)
50
50
50
Side yard, each (feet)
25
25
25
Rear yard (feet)
25
25
25
Maximum building height
3 stories not to exceed 40 feet
3 stories not to exceed 40 feet
3 stories not to exceed 40 feet
Minimum lot width:
At street line (feet)
50
50
50
At building line (feet)
110
150
110
B. 
Single-family semidetached.
With Public Water and Sewer Systems
On-lot Water and Sewer Systems
Either Public Water or Public Sewer
Minimum lot site per unit (square feet)
15,000
Not permitted
33,000
Maximum lot coverage
35%
--
35%
Maximum building coverage
15%
--
15%
Minimum setbacks:
Front yard (feet)
50
--
50
Side yard, where applicable (feet)
25
--
25
Rear yard (feet)
25
--
25
Maximum building height
3 stories not to exceed 40 feet
--
3 stories not to exceed 35 feet
Minimum lot width:
At street line (feet)
50
--
50
At building line (feet)
110
--
110
C. 
Single-family attached - townhouse. Townhouses shall comply with the following regulations, shall be serviced by public water and public sewer systems and shall be subject to the following area and bulk requirements:
(1) 
Minimum net tract area: 15 acres.
[Amended 10-18-2006 by Ord. No. 168; 3-12-2007 by Ord. No. 170]
(2) 
Net density: four dwelling units per acre.
[Amended 10-18-2006 by Ord. No. 168; 3-12-2007 by Ord. No. 170]
(3) 
Minimum tract width at building line: 150 feet.
(4) 
Minimum building setback from tract boundary: 100 feet.
(5) 
Maximum tract coverage: 35%.
(6) 
Minimum dwelling unit width: 20 feet.
(7) 
Minimum building setback:
(a) 
From the ultimate right-of-way line of existing public roads: 50 feet.
(b) 
From the ultimate right-of-way lines of internal streets: 25 feet.
(c) 
From the rear building line to the rear lot line: 25 feet.
(8) 
Maximum building length: four dwelling units or 200 feet.
(9) 
Minimum distance between structures: 30 feet.
(10) 
Maximum building height: three stories, not to exceed 40 feet.
(11) 
Minimum common open space: 50% of net tract area.
D. 
Multifamily dwellings - apartments. Apartments shall comply with the following regulations and shall be serviced by public water and public sewer systems.
(1) 
Minimum net tract area: 15 acres.
[Amended 10-18-2006 by Ord. No. 168; 3-12-2007 by Ord. No. 170]
(2) 
Net density: five dwelling units per acre.
[Amended 10-18-2006 by Ord. No. 168; 3-12-2007 by Ord. No. 170]
(3) 
Minimum tract width at building line: 150 feet.
(4) 
Minimum building setback from tract boundary: 100 feet.
(5) 
Maximum tract coverage: 35%.
(6) 
Minimum building setback from ultimate right-of-way of interior street: 50 feet.
(7) 
Minimum building setback from parking areas: 25 feet.
(8) 
Minimum building setback from the ultimate right-of-way of existing public roads: 50 feet.
(9) 
Maximum dwelling units per structure: 24.
(10) 
Maximum building length: 200 feet.
(11) 
Minimum distance between structures: 50 feet, except in accordance with § 200-25.
(12) 
Maximum building height: three stories, not to exceed 40 feet.
(13) 
Minimum common open space: 50% of net tract area.
E. 
Manufactured home/mobile home parks. Manufactured home/mobile home parks shall comply with the following area and bulk regulations and shall be serviced by public water and public sewer systems.
[Added 10-18-2006 by Ord. No. 168; amended 3-12-2007 by Ord. No. 170]
(1) 
Minimum net tract area: 10 acres.
(2) 
Maximum net density: 8 dwelling units per acre.
(3) 
Minimum tract width at building line: 150 feet.
(4) 
Maximum tract coverage: 35%.
(5) 
Minimum building setback: (a) From the ultimate right-of-way lines of existing public roads: 50 feet; (b) From the ultimate right-of-way lines of internal streets: 25 feet.
(6) 
Minimum distance between structures: 30 feet.
(7) 
Maximum building height: 40 feet.
(8) 
Minimum common open space: 50% of net tract area.
(9) 
Manufactured home/mobile home parks shall also comply with all applicable provisions of Article VII of the New Garden Township Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Ch. 170, Subdivision and Land Development.
F. 
Accessory building and structure, residential, including residential storage sheds greater than 120 square feet in area, shall have a minimum setback of 10 feet from side and rear lot lines and shall not be permitted anywhere within the front yard area.
[Added 8-18-2014 by Ord. No. 212]
G. 
Residential storage sheds 120 square feet or less in area shall have a minimum setback of 5 feet from side and rear lot lines and shall not be permitted anywhere within the front yard area.
[Added 8-18-2014 by Ord. No. 212]
H. 
Accessory retaining, landscaping and ornamental walls shall have a minimum setback equal to the height of the wall from the ultimate right-of-way of public roads and property lines.
[Added 8-18-2014 by Ord. No. 212]
All development within the R-2 High Density Residential District shall adhere to the design standards set forth in Article XVI of this chapter.
Where apartment or single-family attached structures face each other, the minimum structure separation shall be the sum of the heights of the two structures or 100 feet, whichever is greater.