Township of Pocopson, PA Article III Residential and Agricultural District

[Amended 3-27-1995 by Ord. No. 1-1995; 4-26-1999 by Ord. No. 1-1999; 10-13-1999 by Ord. No. 2-1999; 5-12-1997 by Ord. No. 2; 6-11-2001 by Ord. No. 3-2001; 3-4-2002 by Ord. No. 1-2002; 11-19-2003 by Ord. No. 3-2003]

§ 250-13 Purposes of district.

A. To provide opportunities for development of a diversity of residential housing and household types, age groups, and income levels in Pocopson Township in a safe, attractive, and durable housing stock, in recognition of predominant real estate market conditions.

B. To accommodate nonfarm residential development in a manner that will neither obstruct nor interfere with farm operation, and will minimize the loss of prime farmland to nonagricultural uses.

C. To accommodate limited commercial activities that are carried out on agricultural properties and involve principally the sale of locally produced agricultural products.

D. To preserve community open space resources important to maintenance of the quality of life for Pocopson Township residents, including scenic vistas, historical resources, recreational areas, woodlands, groundwater resources and other natural features.

E. (Reserved) [1]

[1] Editor's Note: Former Subsection E, regarding development at net densities capable of accommodating the receipt of transferable development rights while minimizing negative impacts, was repealed 1-24-2022 by Ord. No. 1-2022.

F. To promote stormwater and wastewater recycling, reuse, and recharge techniques that preserve and enhance the water budget.

G. To protect and preserve high-quality agricultural soils as a natural resource, and agricultural land and activities, as provided for in Sections 603(b)(5) and 604(3) of Act 247 as amended, the Municipalities Planning Code,[2] particularly those classified by the U.S. Department of Agriculture within agricultural capability Class I and Class II including the following:

BrB2	—	Brandywine loam
BrC2	—	Brandywine loam
Ch	—	Chewacla silt loam
Cn	—	Congaree silt loam
CdA	—	Chester silt loam
CdB	—	Chester silt loam
CdB2	—	Chester silt loam
CdB3	—	Chester silt loam
CdC3	—	Chester silt loam
GeA	—	Glenelg Channery silt loam
GeA2	—	Glenelg Channery silt loam
GeB	—	Glenelg Channery silt loam
GeB2	—	Glenelg Channery silt loam
GeB3	—	Glenelg Channery silt loam
GeC	—	Glenelg Channery silt loam
GeC2	—	Glenelg Channery silt loam
GeC3	—	Glenelg Channery silt loam
GgA3	—	Glenelg silt loam
GnA	—	Glenville silt loam
GnB	—	Glenville silt loam
GnB2	—	Glenville silt loam
MgA2	—	Manor loam
MgB2	—	Manor loam
MgB3	—	Manor loam
MgC2	—	Manor loam

[2] Editor's Note: See 53 P.S. § 10603 et seq.

H. Soil classes referred to are those established by the United States Department of Agriculture as Agricultural Capability Units I, II, and III described in the Soil Survey of Chester and Delaware Counties, Pennsylvania, 1959, published by the Soil Conservation Service of the United States Department of Agriculture.

§ 250-14 (Reserved) [1]

[1] Editor's Note: Former § 250-14, Transferable development rights, was repealed 1-24-2022 by Ord. No. 1-2022.

§ 250-15 Use regulations.

[Amended 11-28-2005 by Ord. No. 3-2005; 7-13-2015 by Ord. No. 3-2015; 7-27-2020 by Ord. No. 1-2020; 7-27-2020 by Ord. No. 3-2020; 1-24-2022 by Ord. No. 1-2022

A. The following uses, and no others, are permitted as a matter of right, subject to any limitations set forth for any applicable development option:

(1) Single-family detached dwellings in accordance with any development option permitted by right.

(2) Agriculture, general.

(3) Breeding or raising of animals in accordance with § 250-92 but not a private kennel or commercial kennel.

(4) Nursery, tree farm, or similar silvicultural use.

(5) The sale of agricultural, greenhouse or nursery products produced on the property and offered for sale.

(6) Seasonal roadside stands for the sale of farm products and in accordance with the following provisions:

(a) Any building used shall be removable at the end of the season or shall be a permitted accessory structure.

(b) The building shall be set back a minimum of 25 feet from the edge of right-of-way.

(c) One parking space shall be provided outside the right-of-way for every 100 feet of building sales area, with a minimum of three parking spaces provided.

(7) Public park, woodland preserve, arboreta, game preserve, wildlife sanctuary, or other similar conservation use.

(8) Sign(s), when erected and maintained in accordance with the provisions of this chapter.

(9) Municipal use, except for landfills, refuse-burning facilities, or bulk refuse storage and transfer facilities.

(10) Common and/or restricted open space uses in accordance with applicable cluster or village design overlay regulations.

(11) Minor home occupations, major home occupations, and home-related businesses as defined in § 250-6 of this chapter, when conducted in compliance with the standards in §§ 250-89 and 250-89.1 of this chapter.

(12) Forestry and timber harvesting in accordance with the provisions in Section 250-87L.

(13) Accessory dwelling units, in accordance with the standards of § 250-93 of this chapter and maximum permissible density limitations of this article.

(14) Short-term rental unit, as an accessory use to a dwelling unit subject to all applicable provisions in Chapter 158 of the Township Code, titled "Rental Units."

(15) Passive recreation uses.

(16) Accessory uses on the same lot with and customarily incidental to any of the above permitted uses.

B. The following uses are permitted when authorized as a conditional use in accordance with § 250-70 of this chapter and the provisions of this article, subject to any limitations set forth for any applicable development option:

(1) Single-family detached dwellings in accordance with any development option permitted subject to conditional use approval, including development under certain cluster or village design overlay provisions.

(2) Two-family and multifamily dwellings in a cluster two or village design overlay development, when developed in compliance with all applicable provisions of this chapter.

(3) Church or similar place of worship, including rectory or parish house.

(4) Private kennel and commercial kennel in accordance with § 250-92 of this chapter.

(5) Agriculture, intensive.

(6) Educational use.

(7) Cemetery, provided that the parcel devoted to this use shall not be less than 20 acres with a minimum of 10 contiguous acres that are outside alluvial and high water table soils and slopes of 20% or more.

(8) Commercial recreational use, provided that go-cart tracks, motorcross tracks, and amusement parks shall be prohibited.

§ 250-16 Density calculation.

A. Nonresidential development. The density or intensity of use of nonresidential development shall be determined by compliance with applicable area and bulk regulations.

B. Residential development.

(1) Where no subdivision or land development application is involved, use of any single residential lot, including new construction and extension of impervious cover, shall be subject to applicable area and bulk regulation, design standards and general regulations. No density formula or GFA limitation shall apply.

(2) For any subdivision or land development, the maximum permissible density of development on any tract shall equal the base density, established by formula and adjusted to reflect any applicable bonus density, density reduction, or transferable development rights (TDRs), as provided herein. The density of residential development shall be calculated in terms of either a maximum number of dwelling units or a maximum GFA, depending on the development option selected by the applicant, as follows:

(a) Density established as maximum number of dwelling units:

[1] Conventional development option.

[2] Conservation subdivision option.

[3] Cluster one development option.

[4] Village design overlay development - option one (VDOD-1).

(b) Density established as maximum GFA, to be allocated to any number of dwelling units in compliance with applicable provisions and limitations established for the selected development option:

[1] Cluster two development option.

[2] Village design overlay development - option two (VDOD-2).

(3) Permitted bonus density. Bonus density may be provided in the following situations and may be utilized under any applicable development option, as hereinafter set forth. Once all criteria for the establishment of bonus density have been met, such density may be severed from the tract where it was established, including tracts subject to development options where bonus density does not otherwise apply, and transferred to another tract for use under any applicable development option. Such transfers of bonus density shall be established in the form of a deed of transferable development rights, as provided in Article XV of this chapter. All bonus density shall be calculated in terms of GFA, with each full increment of 3,500 SF GFA equated to one dwelling unit where used in development options where GFA calculations do not apply.

(a) Limitation to use of bonus density.

[1] No bonus density shall be applicable if the owner or developer of the subject property shall, or has within three years of the development application period or during actual development, destroy(ed) or demolish(ed) any historic site or historic building identified on the Chester County Historic Sites Survey, the Pocopson Township Open Space, Recreation and Environmental Resources Plan, or other relevant study on file with the Township.

[2] No bonus density shall be applicable if the owner or developer of the subject property shall or has destroy(ed) or disturb(ed) any Township identified natural area within three years of the development application period or during actual development. During the subdivision or land development application process, the Township Board of Supervisors, in its sole discretion, may approve a partial disturbance of such an area if satisfactory mitigating measures have been or shall be provided.

[3] No bonus density shall be applicable if the owner or developer of the subject property shall or has cut, remove(d), severely damage(d), or destroy(ed) within three years of the development application period or during actual development more than 20% of the healthy hardwoods between 10 and 24 inches DBH or more than 10% of any trees 24 inches DBH or larger in any woodland of one acre or more or has clear-cut such trees in an area of 1/2 acre or more. During the subdivision or land development application process, the Township Board of Supervisors, in its sole discretion, may approve the removal of a limited number of additional trees if reforestation will be provided according to a plan recommended by the Township's landscape architect or other designated professional.

(b) Bonus density for preservation of woodlands and geological areas. A bonus of 1,750 SF GFA shall be provided for each acre of woodland, natural or geological area which has been specifically designated by the Township as a preservation objective and that will be permanently preserved in an unfragmented and undisturbed condition as part of restricted or common open space, subject to the following criteria:

[1] To qualify for this bonus, such areas shall be permanently preserved as open space free of any buildings and protected against any woodcutting other than removal of invasive or non-native plant species and dead or dangerous trees, and against any land disturbance or other activity adversely affecting the distinctive features of the natural or geological area or woodland. This preservation shall be guaranteed by a conservation easement or by a fee simple donation to an established nonprofit conservation organization with the Township granted a third-party right of enforcement or by a fee simple donation to the Township with a conservation easement protecting against such adverse activities granted to an established nonprofit conservation organization. Any subdivision of such conservation areas shall minimize resource fragmentation and shall be subject to specific Township approval.

[2] To qualify under this provision for any bonus exceeding 14,000 SF GFA (or four dwelling units), fee title to the woodland, natural or geologic area shall be offered to a private, nonprofit conservation organization or to the Township.

[3] In calculating the area of qualifying woodland, natural or geologic areas under this provision, where such areas are located within floodplains, wetlands, or areas sloping greater than 25%, 30% of the applicable acreage may contribute toward calculation of this bonus.

(c) Bonus density for preservation of historic sites and landscapes. A bonus of 1,750 SF GFA shall be provided for each net acre added to the minimum lot size otherwise applicable, but not less than 1 1/2 acres, around any Township, state or federally designated historic site or historic building or any historic site or building included in the Chester County Historic Sites Survey, subject to the following criteria:

[1] The Township shall approve the configuration of the lot and restricted open space which shall include at a minimum those portions of the property that contain outbuildings or ruins associated with the historical use of the historic building and have the greatest visibility to the public or the entire historic site (if no buildings).

[2] Where preservation of such historic sites or landscapes would require more than two acres and less than four acres, every additional 1/2 acre of buildable land to be preserved shall result in an additional bonus allocation of 875 SF GFA.

[3] To be eligible for this bonus, the historical setting, including all acreage used to calculate bonus density, and the principal facades of any historical structures shall be preserved through establishment of a conservation easement acceptable to the Township. Such easement shall be recorded prior to or simultaneously with the recording of approved land development plans and prior to issuance of building permit(s), as applicable, for any situation where this bonus shall be utilized. In addition, if the Township does not hold the easement, the Township shall be granted a third-party right of enforcement of such easement. Any land utilized for calculation of bonus density under this provision also may be counted toward the calculation of required open space in a cluster or VDOD development, to the extent applicable.

(d) Additional bonus density for historic restoration/rehabilitation. Where preservation of historic sites, as provided above, includes restoration or rehabilitation of historic structures approved by the Township, an additional three SF of GFA shall be provided for every SF of habitable floor space in the historic sections of such structures, subject to the following requirements:

[1] Eligible structures shall be designated on a Township map of historic resources; applicant shall demonstrate to the satisfaction of the Township, submitting copies of appropriate plans and other documentation as necessary, that such structures have been or shall be restored or rehabilitated in accordance with plans prepared by a qualified restoration architect, and in compliance with the Secretary of Interior's Standards for Rehabilitation of Historic Structures.

[2] All principal facades of eligible historic structures shall be preserved through establishment of conservation easement(s) acceptable to the Township.

[3] This bonus shall not apply if the integrity and scale of eligible historic structures have been or will be altered by additions that overwhelm their historic integrity due to the size of such addition(s) or to the use of modern or inappropriately scaled or proportioned materials including exterior skins, windows, doors, chimneys, porches, and other features.

(e) Bonus density for use of traditional building materials. A bonus of 3,500 SF GFA shall be provided for every 17,500 SF of GFA in new dwellings in a property undergoing development whose street and side facades are constructed of traditional full-size brick, wood, concrete composite board or native fieldstone. To improve the affordability of the use of such materials, an additional 3,500 SF GFA shall be provided for every 13,500 SF of GFA in such new dwellings other than multifamily apartments or condominiums, where each of such dwellings is less than 2,000 SF GFA.

(f) Bonus density for dedication of public greenway(s). A bonus of 3,500 SF GFA shall be provided for every five acres of publicly accessible land in a Township-approved greenway that is deeded in fee simple to the Township, subject to the following:

[1] At least 400 linear feet of every five acres so deeded must be traversable on foot in a straight or relatively straight line.

[2] The minimum width of any greenway segment shall be 100 feet except where a portion of the subject property proposed for greenway designation is less than 100 feet in width, in which case the greenway shall constitute the entire width of such portion of the property.

[3] Public dedication of greenway parcels less than five acres in area shall be entitled to 700 SF GFA per acre deeded to the Township, where at least 100 linear feet per acre of parcel size is traversable on foot in a straight or relatively straight line.

[4] No greenway segment less than one acre in area shall be eligible toward calculation of bonus density under this section.

[5] To the greatest extent practicable, public greenways shall be designated so as to extend clear through the property otherwise subject to development, particularly so as to connect with designated or potential greenways on neighboring properties.

(g) Bonus density for woodland or riparian reforestation. A bonus of 3,500 SF GFA shall be provided for every 100 native trees of three-inch caliper or larger that are planted in an area approved by the Township that is at least 40,000 SF in area or in a riparian zone of at least 50 feet width on either or both side(s) of a stream in accordance with a plan prepared by a landscape architect or horticulturist with experience in woodland and riparian reforestation and approved by the Board of Supervisors. Such trees shall be planted prior to completion of 1/2 of the approved dwellings in the subject development and shall be guaranteed until 18 months after dedication of public improvements. Conservation restriction(s) or conservation easement(s) acceptable to the Township shall be established to protect against unauthorized cutting or removal of any plantings in such reforestation zones. To the greatest extent practicable, reforestation areas shall be under single ownership, whether common, public or private.

(h) Bonus density for use of "green" building design. A bonus of 350 SF GFA shall be provided for every 3,500 SF GFA in new or renovated dwellings that are designed and constructed to the standards of the U.S. Green Building Council or other nationally recognized green building standards setting organization.

(4) Reductions in density. At its sole discretion, the Board of Supervisors may reduce available density in any development in accordance with the following:

(a) One dwelling unit, or 3,500 SF GFA in cases where density is determined by GFA allocation, may be subtracted from the total available density for each historic site or building that will be destroyed or building whose principal historic facade(s) will be substantially altered or covered in a manner inconsistent with maintaining its architectural or historical integrity.

(b) One dwelling unit, or 3,500 SF GFA in cases where density is determined by GFA allocation, may be subtracted from the total available density for each acre of woodland in which 20% or more of the existing hardwood trees of 10 inches to 24 inches DBH are cut or removed within three years of the development application or during development, or where 10% or more of the existing hardwood trees over 24 inches DBH are cut or removed within three years of the development application or during development, as determined by the Township's forestry consultant. With prior formal approval of the Board of Supervisors and consistent with a plan to minimize disturbance to other trees or the forest floor, selected dead trees may be removed without penalty provided healthy trees are not damaged in the process.

(5) (Reserved) [1]

[1] Editor's Note: Former Subsection B(5), Density increase through transfer of development rights, was repealed 1-24-2022 by Ord. No. 1-2022.

(6) Final density calculation.

(a) Base density shall be adjusted to reflect any density bonuses or density reductions as provided herein to yield the final maximum permissible density in number of dwelling units or GFA, where applicable. This final density calculation and the basis for all adjustments to base density shall be clearly indicated on final subdivision or land development plans.

[Added 1-24-2022 by Ord. No. 1-2022]

(b) Where the ultimate number of dwelling units is a function of the allocation of GFA, the final GFA calculation, the proposed number of dwelling units, and the maximum GFA available to each dwelling unit or lot shall all be indicated on final recorded subdivision or land development plans. The maximum GFA available to each dwelling unit or lot also shall be recorded with the deed for each property and proof thereof submitted to the Township.

(c) Where applicable, the maximum available GFA to any lot or dwelling unit shall control the issuance of the initial building permit for construction of a principal residence and any subsequent building permit. Notwithstanding the foregoing, after no less than two years have elapsed since initial issuance of a certificate of occupancy for any residence subject to GFA limitation and no less than two years have elapsed since initial transfer of title of such residence to a person or persons unrelated to the builder or developer, the owner of such residence shall be permitted a one-time addition of up to 500 SF GFA without regard to any GFA limitation. Issuance of any other building permit shall be subject to the original GFA limitation which may be increased at any time through proof of receipt of additional transferable GFA as provided herein.

§ 250-17 General building requirements and design considerations.

A. General requirements.

(1) Any tract(s) of land subject to a single development application shall be in one ownership or shall be the subject of an application filed jointly by the owners of the entire tract.

(2) Provisions shall be made for the improvement of existing or needed public facilities on or directly abutting the site, including streets and intersections and drainage facilities that will be affected by the development and as more specifically provided hereinafter.

(3) Provision shall be made, where necessary, for the installation or improvement of off-site improvements including but not limited to storm drainage, road or intersection improvements, wastewater treatment facilities, and water supplies needed to adequately and safely serve the subdivision or land development, or prevent adverse impacts off-site provided that the costs of required off-site improvements shall be related to the size and scope of the proposed subdivision or land development and its contribution to such impact or that appropriate development incentives are provided by the Township.

B. Conservation of site features. The overall plan for development of a tract or lot shall be based upon a thorough analysis of the unique natural features, hydrologic characteristics, topography, soils, scenic views, and historic sites and buildings found on the tract, such analysis undertaken by professional(s) with demonstrated expertise in the relevant field(s). The overall plan for development shall meet the following conservation objectives to the maximum extent practicable. It shall be presumed in each case that full conservation is practicable, except to the extent that the applicant has demonstrated to the satisfaction of the Board of Supervisors, based upon a preponderance of evidence, that full conservation is not practicable. In situations where a different type or mix of dwelling unit(s) or the use of smaller lots is available to the applicant and could be designed in a manner that would make full conservation or conservation of most features practicable, then the applicant shall achieve such conservation by using such type or mix of dwelling units or smaller lot sizes or shall otherwise adjust the design or unit count (e.g., reduce unit count) so as to achieve an equal measure of conservation. If serious compromise of Township conservation objectives would appear to result from any permissible development scenario, the applicant shall be encouraged to sell or transfer development rights to another parcel. Where approved by the Board of Supervisors as a conditional use, and after the use of alternative development scenarios has been proven impracticable, the Board may modify applicability of one or more conservation objectives when satisfied that applicable development plans shall result in the greatest practicable degree of conservation overall.

(1) Avoid disturbance to woodlands, tree groupings, and single trees as per § 250-87C(1) and (2) of this chapter.

(2) Preserve unique natural and geological areas including areas of outstanding botanical importance such as Pennsylvania Natural Diversity Inventory sites and others identified in the Pocopson Township Open Space, Recreation and Environmental Resources Study or other natural areas map as may be adopted by the Township.

(3) In addition to those cases where preservation is specifically required under bonus provisions or for specific types of development, preserve the structural and visual integrity of historic buildings or sites identified on the Township Historic Resources Map by incorporating their preservation into development plans and by maintaining a buffer zone free of new buildings and roads of at least 150 feet around such buildings found on the site and a minimum of 250 feet from an historic building on an adjoining property. Applicants are encouraged to provide restricted open space around such buildings or sites.

(4) Preserve streams and drainage ways in their existing state except as may be required to provide for fire protection. Provide riparian buffer plantings to stabilize stream banks and improve water quality.

(5) Preserve the existing topography to the maximum extent practicable and provide for permanent restrictions against land disturbance for all slopes exceeding 25% that encompass an area of 25,000 SF or more and all wetlands (see also § 250-87 of this chapter).

(6) To the maximum extent practicable, buildings shall be sited outside the scenic river corridors of the Pocopson and Brandywine Creeks, outside direct view from scenic road corridors (Routes 52 and 842 and Lenape-Unionville, Corinne, Wawaset, Red Lion, Locust Grove, Bragg Hill, Denton Hollow, and Davidson Roads) as indicated by the locations of "visually significant landscapes" in the Pocopson Township Open Space, Recreation and Environmental Resources Plan, and below ridgelines throughout the Township. Where building siting outside of such public viewsheds is not practicable, even through permitted alteration of development scenario(s) as described in Subsection C(9), the degree of intrusion into public viewsheds shall be substantially reduced through reduction of building heights or visible profiles, through design of the layout of the development, through incorporation of other mitigative design approaches, through architectural treatment and landscape design, or an acceptable combination of such mitigative measures.

(7) A fracture trace analysis shall be conducted for all developments of three or more lots with lot sizes of less than two net acres. Such analysis shall be used to plan for the location of wells and wastewater disposal and stormwater recharge facilities. Subsurface wastewater disposal fields, wastewater treatment facilities, and stormwater detention or recharge facilities shall be located no closer than 25 feet from any fracture.

C. General development siting criteria. The following standards shall apply to all uses and structures. Where approved by the Board of Supervisors as a conditional use, the Board may modify applicability of one or more of the following design objectives when satisfied that applicable development plans considered overall shall result in the greatest practicable degree of conformance to the purposes of this article:

(1) The overall plan for the tract shall ensure that the impact of the development's stormwater runoff, traffic, sewage, water supplies, and other utilities and public improvements shall be minimized on and off the site.

(2) All buildings shall be designed and sited with regard to topography and other unique natural features of the tract.

(3) To the extent practicable, attention shall be paid to the effects of prevailing winds and solar radiation in establishing the orientation and form of proposed buildings.

(4) Disturbance to, and construction of impervious surfaces on, slopes of 20% or greater shall be minimized and shall comply with the regulation of § 250-87A of this chapter.

(5) Variations in setback lines from roadways and adjacent structures may be required on lots of 20,000 SF or larger in order to create architectural interest in the layout and character of dwellings, to reduce visual monotony or intrusion into scenic viewshed, or to preserve geologic or topographical features.

(6) All dwellings shall be designed to afford privacy to the maximum extent practicable.

(7) Lots and dwellings shall be designed to provide for natural light in all principal rooms. Incorporation of the use of solar energy into dwelling design is encouraged.

(8) Routes for vehicular and pedestrian access, and parking areas shall be convenient to dwellings without creating a nuisance or detracting from privacy of residents.

(9) All dwelling units shall be set back a minimum of 100 feet from the boundary of the rights-of-way of any Township-designated arterial or collector road including, at the time of adoption of this section, Pennsylvania Routes 842, 52 and 926; and Wawaset, Lenape-Unionville, Denton Hollow, Northbrook, Pocopson, Valley, Corinne, Locust Grove, Red Lion and Davidson Roads.

(10) Except as may be specifically provided, or where approved as a conditional use, accessory buildings shall not be located within a front yard setback. Accessory buildings with a ground floor area exceeding 300 square feet or a height of greater than 15 feet shall conform to the side and rear yard setback requirements for principal structures. See additional standards in § 250-94 of this chapter.

[Amended 12-10-2007 by Ord. No. 9-2007]

(11) All dwelling units shall be set back a minimum of 100 feet from any gas or oil pipeline or pumping station, from the rights-of-way or property lines of any electrical transmission lines of 125 KV or greater, and 200 feet from any electrical transformer station.

D. Specific design requirements.

(1) Recreation facilities. The developer of any property shall provide appropriate land for active recreational facilities or a proportionate contribution, based on the number of lots or dwelling units in the development, to the Pocopson Township Open Space Fund as set forth in § 250-98 and as specifically required for the type of development.

(2) Trails and sidewalks.

(a) Sidewalks, pathways, and nonmotorized multiuse trails shall be provided throughout the community, creating a completely linked network connecting all uses and open space areas internally as well as connecting to the larger Pocopson Trail and Bikeway System.

(b) As a condition of final plan approval of development and as a prerequisite for the issuance of any building permits, the developer or owner of a property shall provide easements for continuation of the Township’s Trail and Bikeway System through the property in accordance with the Township Trail and Bikeway System plan and construct the development’s proportional share of the trails or bikeways or provide fees in lieu of dedication and construction if no trail or bikeway is proposed to be located on the property. Such fees shall be established from time to time by resolution of the Board of Supervisors.

[Amended 5-9-2011 by Ord. No. 1-2011]

(c) Off-road trails removed from direct residential frontage, where intended for heavy pedestrian or nonmotorized vehicular use (e.g., bicycle, stroller, wheelchair), shall be constructed of bituminous concrete over a stone base and shall be no less than six feet in width except where the Supervisors shall determine that the standard trail design standard may be used.

(d) Sidewalks shall generally be provided across the frontage of each residential lot with frontages averaging 100 feet or less and at such other locations as the Board of Supervisors shall deem necessary to protect public safety and convenience. Sidewalks shall connect to other sidewalks on the same or any intersecting residential street and to trails or bikeways. Sidewalks shall be separated from street curbs or the edge of street paving by a planting strip no less than three feet wide, planted with shade trees. Sidewalks shall be constructed of brick, concrete, concrete pavers, or concrete with brick borders and shall be no less than four feet in width. Brick or concrete pavers shall be set in sand or fines on a three inch stone base. Concrete shall be four inches thick on a four-inch stone base except at driveway crossings where the concrete shall be six inches thick.

(3) Access and traffic improvements.

[Amended 5-9-2011 by Ord. No. 1-2011; 5-20-2019 by Ord. No. 3-2019]

(a) The developer of any property or a landowner building a residence shall construct such road and traffic improvements as are necessary to serve the development or residence or make proportional contributions to specific improvements that benefit the development or lot or are directly affected by it.

(b) All dwelling units or residential streets taking access from any Township-designated arterial or collector road shall provide a minimum clear sight distance equal to the minimum stopping sight distance in accordance with current PennDOT design guidelines.

(4) Stormwater management.

(a) The developer of any property or a landowner building a residence shall construct stormwater management facilities necessary to serve the development or building or make proportionate contributions to specific improvements which benefit the development or lot or are directly affected by it.

(b) Stormwater management shall be provided through designs that maximize groundwater recharge by installing and constructing recharge facilities at higher elevations and in careful relationship to prominent geological fractures. On residential lots less than one net acre, or where site conditions or development design will limit groundwater recharge, stormwater storage facilities and other equipment and distribution systems shall be provided to maximize reuse of stormwater for nonpotable water supply and to distribute it to suitable groundwater recharge locations. Detailed requirements for stormwater are found in the Stormwater Management Ordinance.[1] Except to the extent that Pocopson recharge requirements require different solutions, the use of the Best Management Practices Handbook for Stormwater, published by Pennsylvania Department of Environmental Protection, is required.

[Amended 12-10-2007 by Ord. No. 8-2007]

[1] Editor's Note: See Ch. 178, Stormwater Management.

(c) All stormwater runoff from roofs and grassed areas in frequent storms up to those of two-year frequency shall be recharged to the groundwater or reused for nonpotable water supply

(d) Where applicable, any management entity or public utility responsible for maintaining a community wastewater system or the water supply shall be responsible for managing the stormwater recharge/reuse, and management system.

(5) Wastewater treatment and disposal.

(a) All buildings on lots with less than two acres of soils acceptable for percolation that are served by individual on-lot septic systems shall have their septic tanks pumped at least every two years by a licensed waste disposal operator. All others shall be pumped on a three-year cycle unless other requirements are specifically established by the Chester County Health Department or the Township. Where homeowners' associations are created, the homeowners' association shall be responsible for contracting for pumping and shall annually send the Township Secretary an updated list of the latest tank pump date and the disposal company for each homeowner. Where no homeowners' association exists, individual property owners shall bear the same responsibilities for pumping and reporting to the Township.

[Amended 5-9-2011 by Ord. No. 1-2011]

(b) Each lot that will rely on an individual septic system shall have adequate area available (whether on-lot or via easement onto adjacent open space where permitted) for two drainage fields with percolation tests approved by the Chester County Health Department.

(c) Any sewerage system serving more than three dwellings shall have a treatment system that provides aerated treatment, a minimum of 30 days' storage, followed by drain fields or drip or spray irrigation except that all sewerage systems serving more than 20 dwellings shall provide increased storage capacity and spray irrigation or spray irrigation/reuse hybrid systems.

(d) Wastewater treatment facilities and their land treatment/disposal areas and water supply wells shall be located at sufficient distances from one another, from those of adjoining properties, and from geologic fractures identified in the fracture trace analysis, that neither the quality nor quantity of groundwater on the tract or adjoining tracts will be impaired. Individual on-site septic drain fields shall be at least 100 feet from any water supply well on or off the subject property and 150 feet from any spring house providing a drinking water supply. Individual on-site septic fields shall be at least 75 feet from any other septic field on or off the property. There shall be a minimum separation of 50 feet between fracture traces and community septic fields or wastewater treatment structures and 25 feet between fracture traces and individual septic fields or groundwater recharge facilities, but no minimum separation distance between fracture traces and approved spray irrigation areas;

(6) Parking shall meet the following standards:

(a) There shall be a minimum of two paved off-street parking spaces per 2,000 SF GFA utilized on each lot or in any dwelling. One additional parking space shall be provided for each additional 1,000 SF GFA or portion thereof that is 750 SF or greater. Such additional parking shall be provided either off-street or in a designated pervious paved parking area (e.g., lattice block pavers) along the street or in a pervious paved congregate parking area. There shall be a minimum of one off-street parking space for each 200 SF of office or commercial space, where permitted.

(b) On-street parking areas shall not be permitted to meet the requirements on double loaded streets where lot frontages are less than 100 feet except where the street has been constructed as a boulevard and pervious paved parking is provided along the island of the boulevard. Where lot frontages are greater than 100 feet, or on single loaded streets, on-street parking shall be credited only if the width of the cartway is at least 20 feet. Single loaded, one-way streets that have a minimum sixteen-foot cartway will be credited for on-street parking.

(c) Congregate parking areas (parking lots).

[1] Congregate parking areas shall be provided for six-family townhouses and multifamily apartments or condominiums, active recreation areas, and any commercial uses permitted herein.

[2] Congregate parking areas shall be landscaped around their perimeters with trees and shrubs as required herein.

[3] Congregate parking areas may not be located within the right-of-way except on one-way street(s) and only where such street(s) are not through street(s).

[4] Congregate parking areas shall be designed to discourage through traffic to other parking areas, streets, or roads.

[5] Parking spaces (but not travel lanes) in congregate parking areas shall be constructed using pervious paving materials (e.g., concrete lattice blocks).

[6] Where parking areas have been designed to cover recharge beds constructed of three-foot-deep course aggregate recharge beds, the surface of such parking areas may be paved using asphaltic, Portland cement, or porous pavement as appropriate.

(d) No recreational vehicles, boats, trailers, heavy trucks, vehicles used for business purposes or similar vehicles shall be parked within any street right-of-way or front yard setback except for local deliveries, nor shall such vehicles be parked or stored on a residential property unless they are screened from view by an enclosed structure, appropriate fencing, or dense evergreen plantings of suitable height. Parking or storage of vehicles over one ton load weight shall be prohibited under all circumstances in residential areas.

(7) Landscaping.

(a) Consistent with § 190-35, every building or development application shall provide for planting of at least one native shade tree of at least three-inch caliper every 50 feet along perimeter roads and internal streets on both sides of such roads and streets to the extent that the applicant owns or controls applicable lands or the applicable lands are part of the restricted open space required for the tract on which application has been made. In addition to shade trees, landscape plans shall be provided for all individual lots in accordance with the requirements of the Subdivision and Land Development Ordinance.

[Amended 5-9-2011 by Ord. No. 1-2011]

(b) All parking areas shall be landscaped with a combination of trees and shrubs as provided in § 190-35. Within the interior of every parking lot, there shall be a minimum of one shade tree of native species (minimum three-inch caliper) for every 100 feet of single or double loaded (two facing spaces) parking spaces. Such tree(s) shall be planted in a landscaped area that has a minimum lateral dimension of 20 feet from any point on the planting area's perimeter (half-moon shapes with twenty-foot radii areas are acceptable). Such planting areas shall, at a minimum, be established along any primary parking lot entrance road, at the entrance to each block or bay of parking spaces and at their end. Landscaping planting areas at least 20 feet wide and planted with trees and shrubs shall surround all parking lots so as to provide a screen that is at least 50% opaque at driver's eye level when viewed from adjoining streets or other public accessways. Tree planting within and around parking lots also shall be designed to shade the parking area in order to reduce the effects of summer heat.

[Amended 5-9-2011 by Ord. No. 1-2011]

(c) All mechanical equipment not enclosed in a structure shall be screened from view by trees, shrubs, or appropriate fencing.

(d) Entrances to developments shall be landscaped, including incorporation of earthen berms and planting areas as practicable, to buffer residents from the impacts of road noise and lighting and to reduce visual impacts to neighboring properties and public accessways.

(8) Lighting. Lighting shall comply with § 250-95 of this chapter.

(9) Signs. The standards of Article VIII of this chapter shall apply.

(10) Utilities. All utilities shall be placed underground.

(11) Solid waste storage and collection. Storage, collection, and disposal of refuse shall create no health hazards, harborage of rodents or vermin, insect-breeding areas, accident or fire hazards or air, smell, or water pollution.

§ 250-18 Area and bulk regulations for nonresidential and nonagricultural uses.

The following standards shall apply to tracts or lots used for any principal use permitted by right, special exception or conditional use, not subject to any of the residential development options or provisions for agricultural tracts set forth herein, and except where otherwise provided in this chapter:

A. Minimum lot size: five net acres.

B. Minimum lot width at building line: 200 feet. For interior lots, the building setback line (for purposes of establishing lot width) shall be at least 50 feet from, and parallel to, the interior lot line closest to and most nearly parallel to the street right-of-way line.

C. Minimum street frontage: All proposed lots shall possess at least 50 feet frontage on a public or private street meeting Township standards. Access strips to interior lots or flag lots shall not exceed 600 feet in length, except where deemed necessary by the Township because of site conditions or the depth of adjoining lots with road frontage. The land area within the driveway access strips shall not be included in any minimum required lot area.

D. Minimum rear yard: 50 feet.

E. Minimum front yard: 50 feet.

F. Minimum side yard: 25 feet.

G. Minimum building setback from any local street, regardless of yard: 50 feet.

H. Minimum building setback from any Township-designated arterial and collector roads, regardless of yard: 100 feet.

I. Maximum impervious coverage on each lot: 15% of lot area.

[Amended 5-9-2011 by Ord. No. 1-2011]

J. Maximum building coverage on each lot: 10% of lot area.

[Amended 5-9-2011 by Ord. No. 1-2011]

K. Maximum building height: 35 feet measured in accordance with BOCA. The thirty-five-foot height limitation shall not apply to church spires, belfries, cupolas, monuments, observation towers, chimneys, smoke stacks, ventilators, water towers, elevators, flagpoles, masts or other appurtenances usually located above the roof of a building or structure and not intended for human occupancy, provided that the total height of any such structure exceeding 35 feet shall be no greater than the smallest horizontal distance between any facade of the structure and the property line closest thereto. Where authorized by the Zoning Hearing Board as a special exception, an increase in the maximum height limit, as determined by the horizontal distance to the nearest property line, may be permitted where it is demonstrated that the structure incorporates safety features, which, in the event the structure is toppled, will prevent it from falling beyond the boundaries of the property.

[Amended 7-13-2015 by Ord. No. 3-2015]

§ 250-18.1 Area and bulk regulations for agricultural uses.

[Added 1-24-2022 by Ord. No. 1-2022]

A. The following standards shall apply to tracts or lots used for general agriculture.

(1) Minimum lot size: five net acres.

(2) Minimum lot width at building line: 200 feet.

(3) Minimum street frontage: All proposed lots shall possess at least 50 feet of frontage on a public or private street meeting Township standards. Access strips to interior lots or flag lots shall not exceed 600 feet in length, except where deemed necessary by the Township because of site conditions or the depth of adjoining lots with road frontage. The land area within the driveway access strips shall not be included in any minimum required lot area.

(4) Minimum rear yard: 50 feet.

(5) Minimum front yard: 50 feet.

(6) Minimum side yard: 25 feet.

(7) Minimum building setback from any local street, regardless of yard: 50 feet.

(8) Minimum building setback from any Township-designated arterial and collector roads, regardless of yard: 100 feet.

(9) Maximum impervious coverage on each lot: 20% of lot area.

(10) Maximum building coverage on each lot: 10% of lot area.

(11) Maximum building height: 50 feet.

(12) The storage or stockpiling of manure or other waste shall not be permitted within 100 feet of any property line.

B. The following standards shall apply to tracts or lots used for intensive agriculture.

(1) Minimum lot size: 20 net acres.

(2) Minimum lot width at building line: 300 feet.

(3) Minimum street frontage: All proposed lots shall possess at least 50 feet frontage on a public or private street meeting Township standards. Access strips to interior lots or flag lots shall not exceed 600 feet in length, except where deemed necessary by the Township because of site conditions or the depth of adjoining lots with road frontage. The land area within the driveway access strips shall not be included in any minimum required lot area.

(4) Minimum rear yard: 100 feet.

(5) Minimum front yard: 100 feet.

(6) Minimum side yard: 50 feet.

(7) Minimum building setback from any local street, regardless of yard: 100 feet.

(8) Minimum building setback from any Township-designated arterial and collector roads, regardless of yard: 100 feet.

(9) Maximum impervious coverage on each lot: 20% of lot area.

(10) Maximum building coverage on each lot: 10% of lot area.

(11) Maximum building height: 50 feet.

(12) The storage or stockpiling of manure or other waste shall not be permitted within 100 feet of any property line.

§ 250-19 Area and bulk regulations for residential uses on preexisting parcels.

A. Preexisting parcels greater than 10 net acres in area.

(1) Preexisting parcels meeting the definition of an agricultural tract. Parcels existing prior to the adoption of these provisions and meeting the definition of agricultural tract are eligible for conservation subdivision as set forth in § 250-21, or for subdivision and development under applicable provisions of the cluster one development option as set forth in § 250-24, or shall comply with the provisions for agricultural tracts set forth in § 250-22.

(2) Preexisting parcels meeting the definition of a "nonagricultural tract." Parcels existing prior to the adoption of these provisions and meeting the definition of "nonagricultural tract" are eligible for any applicable development option as provided herein or, where not subject to subdivision or land development, shall comply with the area and bulk standards set forth for conventional subdivisions in § 250-20.

B. Preexisting parcels greater than two net acres and less than 10 net acres in area. Parcels existing prior to the adoption of these provisions and comprising greater than two net acres but less than 10 net acres in area shall comply with applicable provisions set forth for conventional subdivisions in § 250-20, whether or not subject to subdivision or land development.

C. Preexisting parcels less than two net acres in area. Parcels or lots existing prior to the adoption of these provisions and comprising less than two net acres in area may not be further subdivided. Where such lots resulted from development under previously applicable PRD or cluster development provisions, such provisions as recorded in applicable subdivision/land development plans shall apply. In all other cases, the following shall apply:

(1) Uses shall be limited to single-family detached dwellings and customary accessory residential uses excluding accessory apartments on lots with less than 1 1/2 net acres.

(2) Any building shall comply with all applicable standards set forth in § 250-17 and as otherwise provided in this chapter.

(3) Maximum impervious coverage per lot: 15% of net acreage except that, where approved at the discretion of the Zoning Hearing Board as a special exception, the maximum impervious coverage may be increased to no more than 30% of the net acreage, subject to the following:

(a) The sewage system shall be certified adequate for the size of the dwelling by the Chester County Health Department.

(b) The Township Engineer shall certify that adequate stormwater recharge or storage facilities exist or shall be installed to handle all roof drainage and resolve any existing problems and any increase in runoff.

(c) No such increase in impervious coverage shall be permitted where any building requiring such increase shall require the installation of a sand-mound or other nonconventional sewage system on a substandard lot of less than one acre.

(4) Maximum building coverage per lot: 10% except that, where approved at the discretion of the Zoning Hearing Board as a special exception, the maximum building coverage on a lot of less than one acre may be increased to 20%, so long as any increase in total impervious coverage beyond 15% meets the criteria set forth in Subsection C(3) above.

(5) Minimum front and rear yard setbacks:

(a) Forty feet from any residential street or adjacent property.

(b) One hundred feet from any Township-defined collector road.

(6) Minimum side yard setbacks: 10 feet for one yard; 40 feet aggregate.

(7) Maximum building height: 35 feet measured in accordance with BOCA.

D. As to any property placed under a qualified conservation easement in perpetuity pursuant to Internal Revenue Service regulations prior to the adoption of Article III herein on November 19, 2003, in which the qualified conservation easement would limit the number of dwellings or lots to one house per five or more acres but would otherwise violate area and bulk or net acreage requirements of the current chapter, such property may be subdivided in accordance with the restrictions of that easement, provided that, wherever possible, other provisions of the current chapter are met.

[Added 5-9-2005 by Ord. No. 2-2005]

E. An owner of a parcel consisting of less than 10 acres, who could have complied with prior zoning requirements and divided said parcel prior to the adoption of Article III herein on November 19, 2003, but who cannot meet net acreage or other dimensional provisions of the current chapter as to the parcel, shall nonetheless be permitted to subdivide said parcel if the owner can meet current net acreage or other current dimensional requirements with the addition to the parcel of contiguous land which had been placed under a qualified conservation easement in perpetuity pursuant to Internal Revenue Service regulations and purchased by the owner prior to the adoption of Article III herein on November 19, 2003.

[Added 5-9-2005 by Ord. No. 2-2005]

§ 250-20 Conventional development option.

A. General development standards and permitted uses.

(1) The conventional development option shall be permitted as a use by right on any tract in the RA District less than or equal to 10 net acres in area.

[Amended 5-14-2007 by Ord. No. 3-2007; 10-16-2017 by Ord. No. 3-2017]

(2) A tract of land subject to a conventional development may establish and sever applicable bonus density by right, for transfer to use on another tract in the RA District, subject to applicable regulation. Bonus density shall not be applicable within the conventional development.

(3) (Repealed)[1]

[1] Editor's Note: Former Subsection A(3), regarding transferable development rights, was repealed 1-24-2022 by Ord. No. 1-2022.

(4) Principal residential uses in a conventional development shall be limited to single-family detached dwellings.

(5) All development or building shall provide open space and recreational areas and facilities suitable and accessible for active recreation by the residents, or shall provide proportionate payments in lieu to the Township Open Space Fund, as provided in § 250-98 of this chapter.

(6) All conventional development shall adhere to all development and design standards set forth in § 250-17 and as otherwise provided in this chapter.

B. Density standards. Density within a conventional development shall be measured in terms of dwelling units and controlled by adherence to the area and bulk standards set forth hereinafter. No GFA limitation shall apply.

C. Area and bulk regulations. The following area and bulk regulations shall apply to any subdivision utilizing the conventional development option as well as any lot or parcel existing at the time of adoption of this section greater than two net acres in area, not classified as an agricultural tract, and not otherwise subject to subdivision or land development:

(1) Maximum net tract area for any subdivision utilizing the conventional development option: 10 net acres.

(2) Minimum lot size: two net acres.

(3) Minimum lot width at building line: 200 feet. For interior lots, the building setback line (for purposes of establishing lot width) shall be at least 50 feet from, and parallel to, the interior lot line closest to and most nearly parallel to the street right-of-way line.

(4) Minimum street frontage:

(a) Standard lot: 100 feet.

(b) Interior lot: 50 feet.

(c) Lot on concave curved right-of-way line (e.g., pie-shaped lot): 75 feet.

(5) Minimum rear yard: 50 feet.

(6) Minimum building setback from any residential street, including side yards where applicable: 50 feet.

(7) Minimum building setback from any Township-designated arterial and collector roads, regardless of yard: 100 feet.

(8) Minimum accessory building setbacks: 75 feet from all rights-of-way. No accessory buildings other than garages, springhouses, barns or animal sheds shall be located within 125 feet of any Township-designated arterial or collector road.

(9) Maximum impervious coverage on each lot: 10%.

(10) Maximum building coverage on each lot: 5%.

(11) Maximum building heights: 35 feet measured in accordance with BOCA.

(12) Minimum side yard setbacks: 25 feet for one yard; 75 feet aggregate.

[Added 12-10-2007 by Ord. No. 9-2007]

§ 250-21 Conservation subdivisions.

A. General development standards.

(1) A conservation subdivision shall be permitted as a use by right on any tract in the RA District exceeding 20 net acres, except that a smaller tract existing as of the time of adoption of these provisions may be subdivided into one parcel of not less than 10 net acres and a second single parcel less than 10 net acres but which contains a minimum contiguous buildable area not less than four net acres, as provided in § 250-22C(1).

(2) To the maximum feasible extent, conservation subdivisions shall be designed to preserve significant natural and cultural resources and the viable use of agricultural soils, particularly those classified in agricultural capability classes I and II.

(3) Prior to or concurrent with (immediately prior to) final plan approval for any conservation subdivision, the subject property shall have been restricted from further subdivision by a voluntary conservation easement granted to a conservation organization or public entity acceptable to the Township. Such conservation easement shall limit the intensity of future development to no more than that permitted under § 250-22 for agricultural tracts and shall permanently protect significant agricultural and other natural and cultural resources. The establishment of appropriate conservation easement(s) must occur independently and may not be a condition of subdivision approval if applicant expects to claim a charitable contribution as a result of donation of the easement.

(4) At the discretion of the Township, an application may be deemed a conservation subdivision where areas designated on approved final plan(s) for construction of dwellings or other permitted buildings have been excluded from areas formally subject to conservation easement(s) so long as such areas are otherwise restricted from further subdivision or development other than as approved as part of the subject application.

(5) (Reserved)[1]

[1] Editor's Note: Former Subsection A(5), regarding applicable bonus density, was repealed 1-24-2022 by Ord. No. 1-2022.

(6) (Reserved).[2]

[2] Editor's Note: Former Subsection A(6), regarding transferable development rights, was repealed 1-24-2022 by Ord. No. 1-2022.

B. Permitted uses. A conservation subdivision may include any residential, agricultural, or conservation use permitted as provided in § 250-15, including customary accessory uses.

C. Area, bulk and development standards. For all permitted uses within a conservation subdivision the area, bulk and development standards set forth in § 250-22C shall apply.

D. Special provisions for conservation subdivisions. Pocopson Township recognizes that landowners who voluntarily and permanently restrict the development potential of their property, through donation or sale of conservation easement(s) to qualified conservation organizations or public agencies, help to reduce the costs of government and further the agricultural land preservation and open space goals of the Township. The Township offers the following special consideration for conservation subdivisions:

[Amended 5-9-2011 by Ord. No. 1-2011; 1-24-2022 by Ord. No. 1-2022]

(1) At the request of a landowner/applicant who has granted or intends to establish a conservation easement, the Township Engineer will, at no cost to the landowner, determine the net tract area of his or her lands in order to assist in establishing the development potential under this chapter, including potentially transferable bonus density, and the effects and potential valuation of any conservation easement(s). However, the Township shall not be bound by such determination if information submitted to the Engineer in regard to the property was not fully accurate or complete nor if the landowner/applicant fails to ultimately establish a conservation easement.

(2) Applicants for conservation subdivision shall be eligible for reduced submission requirements under § 190-23 of Chapter 190, Subdivision and Land Development, when meeting the following qualifying conditions:

(a) A permanent conservation easement shall be recorded in the Office of the Recorder of Deeds of Chester County prior to application to the Township in accordance with this chapter and the provisions of the Subdivision and Land Development Ordinance;

(b) The conservation easement shall have restricted at least 60 acres or the entire property, whichever is less, from development in excess of that permitted for conservation subdivisions hereunder;

(c) The conservation easement shall have restricted at least 80% of the property from land disturbance except that associated with permitted agricultural or open space use.

§ 250-22 Agricultural tracts.

A. General development standards.

(1) Any agricultural tract may be subdivided and developed in accordance with the provisions for conservation subdivision set forth in § 250-21 or cluster one development option set forth in § 250-24 or may utilized without subdivision in accordance with the density, area and bulk standards set forth hereinafter.

(2) (Reserved)[1]

[1] Editor's Note: Former Subsection A(2), regarding applicable bonus density, was repealed 1-24-2022 by Ord. No. 1-2022]

(3) (Reserved)[2]

[2] Editor's Note: Former Subsection A(3), regarding transferable development rights, was repealed 1-24-2022 by Ord. No. 1-2022]

B. Permitted uses.

(1) Single-family detached dwellings.

(2) Accessory dwelling units (ADUs) in accordance with the provisions set forth in Subsection D.

(3) Customary accessory residential uses.

(4) Any principal or accessory agricultural use permitted in accordance with § 250-15.

(5) Any open space or conservation use otherwise permitted under applicable provisions of this chapter.

C. Area, bulk and development standards.

(1) Minimum lot size: 10 net acres, except as follows: In recognition that the acreage of existing tracts often does not comprise even ten-acre increments, on any property greater than 10 net acres, one lot, one time only, may be subdivided that is less than 10 net acres but contains a minimum contiguous buildable area not less than four net acres and which shall otherwise be governed under the area and bulk provisions set forth herein.

(2) Minimum restricted open space: 80%. Restricted open space may comprise agricultural, recreational and natural resource areas as provided herein and need not be subdivided separately from the buildable area of a lot.

(3) Minimum contiguous buildable area: four net acres. A minimum buildable area shall not be required where a subdivided parcel retains no building rights and is being joined in a single deed to an abutting property.

(4) Maximum residential development:

(a) Principal dwelling: one principal dwelling per lot, regardless of size;

(b) Accessory dwelling units (ADUs): one ADU per lot, except two ADUs on any lot in excess of 15 net acres, in accordance with the provisions of Subsection D below.

(5) Minimum lot width:

(a) Minimum lot width at building line: 200 feet. For interior lots, the building setback line (for purposes of establishing lot width) shall be at least 50 feet from, and parallel to, the interior lot line closest to and most nearly parallel to the street right-of-way line.

(b) All proposed lots shall possess at least 50 feet frontage on a public or private street or shared driveway meeting Township standards. Access strips to interior lots or flag lots shall not exceed 600 feet in length, except where deemed necessary by the Township because of site conditions or the depth of adjoining lots with road frontage. The land area within the driveway access strips shall not be included in any minimum required lot area.

(6) Minimum front yard setback:

(a) Principal structures: 100 feet from the ultimate right-of-way of existing state or Township roads, but 50 feet from the ultimate right-of-way of new subdivision streets or shared driveways, where applicable.

(b) Accessory structures: 150 feet, except 100 feet where meeting the following standards:

[1] Not more than 500 SF in floor area;

[2] Not more than one story or 20 feet in height, whichever is less;

[3] Screened from view from any public accessway in accordance with this chapter.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(7) Minimum rear yard setback:

(a) Principal structures: 50 feet.

(b) Accessory structures: 10 feet for accessory structures with less than 300 SF ground coverage and less than 15 feet high; 50 feet for all others.

(8) Minimum side yard setback:

(a) Principal structures: 40 feet.

(b) Accessory structures: five feet for accessory structures with less than 300 SF ground coverage and less than 15 feet high; 40 feet for all others.

(9) Minimum setback from agricultural operations: 100 feet.

(10) Maximum total building coverage on any lot: 4%.

(11) Maximum total impervious coverage on any lot: 8%, except where approved by the Board of Supervisors as a conditional use, impervious coverage may be increased to no more than 20%, where such additional coverage is necessary for the adequate operation of permitted agricultural or greenhouse uses as provided in § 250-15.

D. Provisions for accessory dwelling units (ADUs).

(1) No ADU on any lot less than or equal to 15 net acres shall exceed 1,000 SF GFA.

(2) On any lot in excess of 15 net acres that is restricted from further subdivision, a second ADU may take the form of a tenant house containing up to 2,000 SF GFA.

(3) Except as specifically provided here, accessory dwelling units will comply with all other standards of § 250-93.

§ 250-23 General cluster development provisions.

A. Applicability. The provisions of this section, in addition to those set forth in § 250-17, shall apply to any development using the cluster one or cluster two development option, or any development utilizing the village design overlay development provisions (VDOD-1 or VDOD-2).

B. Specific objectives for cluster and village design:

(1) It is the intent of the cluster development and VDOD provisions of this chapter to:

(a) Provide flexible and environmentally sensitive development options aimed to prevent and mitigate potentially adverse effects of land development on the Township and to safeguard valuable and sensitive natural and cultural features of the site, including scenic vistas and existing topography.

(b) Afford maximum protection of historic structures and sites, including shall be preserved and adapted for any permitted use(s).

(c) Provide for the protection of water quality and improvement to the water budget of the Township by reducing stormwater runoff, maximizing groundwater recharge, and recycling and reusing wastewater and stormwater.

(d) Provide for a variety of dwelling types and sizes on smaller lots than conventional development.

(e) Provide for affordable housing opportunities.

(f) Protect open spaces for use by the development's residents and future residents of the Township.

(2) Minimum restricted open space shall be required as a percentage of gross tract acreage, as stipulated for the particular development option and subject to the provisions of § 250-98 of this chapter.

(3) Minimum restricted open space suitable and accessible for active recreation by the residents: 5% of gross tract acreage in all cluster and VDOD developments, subject to the provisions of § 250-98 of this chapter.

(4) Open space required under cluster and VDOD provisions shall be common open space for the use and enjoyment of the residents of the development, or a combination, of:

(a) Common open space for recreation and community garden plots;

(b) Restricted open space, to allow for the continuation of other types of important open space uses, such as agriculture, woodland and natural area preserves, greenways and, in certain cases, to permit a portion of the restricted areas to be retained by the developer or original owner or otherwise placed in private ownership; and

(c) Public open space to be dedicated to the Township for preserves, greenway trail corridors, recreation and other park land.

C. The overall plan for the tract shall be designed to prevent visual, noise and other conflicts between different dwelling unit types on the tract and between the dwelling units on the site and adjoining properties and shall:

(1) Ensure that where higher density, multifamily dwelling unit types on the tract will differ from dwelling unit types on adjoining properties that all such dwellings on the tract shall be a minimum of 100 feet from the adjoining tract boundary and 150 feet from a dwelling off of the tract. The Board of Supervisors may require the installation of berms and the planting of a mix of shade and evergreen trees in the one-hundred-foot setback to reduce visual impacts.

(2) The applicant shall select architectural designs with either a traditional village or rural architectural character or may be a contemporary expression of traditional styles and forms, respecting the scale, proportion, character, stylistic features, and exterior materials of historic residential buildings in Pocopson Township and the surrounding area. Where conditional use approval otherwise is required, the applicant shall provide sample designs as part of the application for conditional use approval.

D. The overall plan for the tract shall establish a circulation pattern that meets the following design objectives:

(1) A street system shall be provided that is appropriate to the types of units abutting the streets and which is designed to:

(a) Minimize alteration of natural, cultural, or historic site features;

(b) Secure views to prominent natural vistas and open space areas;

(c) Calm traffic speeds;

(d) Promote pedestrian movement; and

(e) Minimize generation or concentration of stormwater.

(2) Conventional street design standards provided in the Pocopson Township Subdivision and Land Development Ordinance shall apply, including but not limited to street width, center-line grade, radius of curvature, tangent length, length of cul-de-sac or single access street, etc. However, where approved at the sole discretion of the Board of Supervisors as part of subdivision/land development approval or as a condition of conditional use approval where applicable, such standards may be modified to the minimum extent necessary to accommodate a more flexible and desirable village design layout and to minimize disturbance to natural features.

(3) The placement of, and access to, dwellings on smaller lots or multifamily dwelling units generally shall be provided for close to the principal means of access into and through the tract.

(4) Landscape design shall be coordinated so as to preserve or supplement natural features and to reduce visual, glare, noise, and other conflicts between dwelling types and between dwellings and motorized vehicles.

(5) The Township may require that any access from a collector or arterial road shall provide for turn lanes or runaround lanes regardless of the ownership of such road and whether current conditions are formally deemed to warrant them.

(6) Two access roads with one or more runaround or left turn protected accesses shall be required for any development with more than 30 units.

(7) Any developments with 50 dwellings or more shall contribute to or execute improvements to major unsafe or otherwise deficient arterial-collector road intersections that residents of the development residents may be expected to use on a regular basis. Improvements to local, collector, or arterial roads on- and off-site shall be incorporated into development plans to the extent deemed necessary by the Township and related to the developer's fair share obligation for such improvements arising from the traffic impacts of the development, and to provide for safe and convenient access for residents, visitors, employees, and emergency service personnel and vehicles.

(8) Where provided, alleys shall be at least 16 feet in width if designed for two-way travel and at least 12 feet in width if designed for one-way travel. Private driveways accessing four or fewer dwelling units and not dedicated for public use shall be at least nine feet in width.

(9) The Board of Supervisors, in its sole discretion, may require applicant to provide traffic studies demonstrating feasible compliance with these objectives, including but not limited to use of traffic modeling developed for the Kennett Area Regional Traffic Plan.

E. The overall plan for the tract shall include comprehensive provision for development of appropriate community facilities consistent with all applicable provisions of this chapter, and including:

(1) Central mail boxes. All cluster developments containing at least seven dwelling units with street frontages averaging 100 feet or less shall have centrally located "cluster mail boxes," supplied and maintained by the West Chester Post Office or a suitable alternative cluster box arrangement using durable materials. Cluster developments with 40 or more units on such smaller lots shall have one or more central mail buildings with boxes. The applicant shall consult with the postmaster to assure proper installation to post office specifications. No more than 12 individual boxes shall be included in a cluster box unit. In addition, the applicant shall:

(a) Locate cluster box units or mail buildings within 150 feet of a dwelling unit and visible therefrom to provide an ad hoc measure of security for such facilities and the people using such facilities.

(b) Make provisions as necessary to prevent vandalism and provide security to residents (i.e., install lighting around and in all mail buildings and around cluster boxes if appropriate).

(c) Construct mail buildings of brick, stone, or other durable building materials in a style consistent with that of the residences except that glass walls may be used to increase visibility for security.

(d) Construct an all-weather roof of durable materials extending four feet out over cluster boxes.

(e) Provide an adequate parking area adjacent to the box or mail building to avoid traffic congestion.

(2) Recycling collection and storage. Any development with more than 75 dwelling units shall provide adequate land for a recycling facility separate from any solid waste facilities. Such recycling area shall be conveniently located for resident and service access and paved as may be required for access, parking, and storage of a recycling trailer if used. The developer shall consult with the Township as to whether a recycling trailer or a storage facility will be required. The area shall be fenced and landscaped and maintained by the homeowners' association.

(3) Where applicable, the Township may require that such entity as may be established for the purpose of on-going operation, management and maintenance of the water supply system and that such entity as shall be established for purposed of operation of the wastewater treatment and disposal system also shall be responsible for management and maintenance of stormwater recharge and detention facilities.

§ 250-24 Cluster one development option.

A. General development standards and permitted uses.

(1) The cluster one development option shall be permitted as a use by right on any tract in the RA District.

(2) A tract of land subject to a cluster one development may establish and sever applicable bonus density by right, for transfer to use on another tract in the RA District, subject to applicable regulation.

(3) (Reserved) [1]

[1] Editor's Note: Former Subsection A(3), regarding transferable development rights, was repealed 1-24-2022 by Ord. No. 1-2022.

(4) Where approved by the Board of Supervisors as a conditional use, certain standards otherwise applicable to the cluster one development option may be modified as provided herein, including:

(a) Use of bonus density to provide for additional dwelling units within the cluster one development;

(b) (Reserved) [2]

[2] Editor's Note: Former Subsection A(4)(b), regarding transferable development rights, was repealed 1-24-2022 by Ord. No. 1-2022.

(c) Modification to applicable area and bulk criteria;

(d) Use of restricted open space for treatment and disposal of wastewater;

(e) Inclusion of restricted open space in privately owned parcel(s), each greater than 10 net acres.

(5) Principal residential uses in a cluster one development shall be limited to single-family detached dwellings.

(6) All cluster one development shall adhere to all development and design standards set forth in § 250-23 and as otherwise provided in this chapter.

B. Density standards.

(1) Maximum base density in a cluster one development. Density within a cluster one development shall be measured in terms of dwelling units. No GFA limitation shall apply. The base maximum permissible number of dwelling units shall be determined by dividing the net tract area in acres, established as provided in § 250-6 of this chapter, by three. Fractions shall be rounded down to the nearest whole number.

(2) Bonus density in a cluster one development. Subject to approval by the Board of Supervisors as a conditional use, base density on any tract may be increased through use of any applicable bonus, established on the tract subject to cluster one development as provided in § 250-16B(3). Each full increment of 3,500 SF GFA of applicable bonus density shall provide for one additional dwelling unit. The maximum permissible number of dwelling units may thus be increased to 135% of the base maximum established as provided in Subsection B(1) above. For example, if the permitted base density (after rounding) was 20 units, the maximum density using applicable bonuses could increase to 27.

(3) (Reserved) [3]

[3] Editor's Note: Former Subsection B(3), Use of transferable development rights in a cluster one development, was repealed 1-24-2022 by Ord. No. 1-2022.

C. Restricted open space standards.

(1) Minimum restricted open space: 60% of gross tract acreage, subject to the provisions of §§ 250-23 and 250-98 of this chapter.

(2) Except as provided in Subsection C(3) below, lands meeting minimum restricted open space requirements shall be separately deeded from residential lots and shall be held in common ownership in accordance with applicable provisions of § 250-99 of this chapter or shall be dedicated to Pocopson Township or another public agency or nonprofit entity acceptable to the Township.

(3) Where approved at the sole discretion of the Board of Supervisors as a conditional use, restricted open space may be added to residential lot(s) where each of the resulting lot(s) exceeds 20 net acres and complies with applicable provisions for conservation subdivisions.

[Amended 12-10-2007 by Ord. No. 9-2007]

(4) Where approved at the sole discretion of the Board of Supervisors as a conditional use, a portion of the restricted open space, regardless of ownership, may be used for the treatment or disposal of wastewater provided that no more than 10% of the gross area of the restricted open space shall be subject to land disturbance for such purposes.

D. Area and bulk regulations.

(1) Minimum individual lot size: one net acre except that, where approved at the discretion of the Board of Supervisors as a conditional use, the minimum individual lot size may be reduced to 30,000 SF.

(2) Minimum lot width at building line: 90 feet. For interior lots, the building setback line (for purposes of establishing lot width) shall be at least 50 feet from, and parallel to, the interior lot line closest to and most nearly parallel to the street right-of-way line.

(3) Minimum lot width at street line: 75 feet, except for 50 feet on the bulb end of any cul-de-sac.

(4) Maximum lot width at street line: 125 feet excluding lots on corners or inside curves of roadways, in order to minimize road lengths. The Board of Supervisors may permit lots of greater width on up to 1/2 of all lots within a cluster one development if the developer can demonstrate that strict application of this limit would result in the destruction of, or harm the integrity of, important natural or cultural features identified by the Township.

(5) Maximum impervious coverage per lot: 20% of net acreage except that, where approved at the discretion of the Board of Supervisors as a conditional use, the maximum impervious coverage may be increased to 30% of the gross area of any individual lot.

(6) Maximum total tract impervious coverage: 10% of net acreage.

(7) Maximum building coverage per lot: 10% except that, where approved at the discretion of the Board of Supervisors as a conditional use, the maximum building coverage may be increased to 15% on any individual lot.

(8) Minimum front and rear yard setbacks from streets and roads:

(a) Forty feet from any residential street.

(b) One-hundred feet from any Township-defined collector road.

(9) Minimum side yard setbacks: 10 feet for one yard; 40 feet aggregate.

(10) Maximum building height: 35 feet measured in accordance with BOCA.

E. Special provisions for agricultural tracts only.

(1) (Reserved)[4]

[4] Editor's Note: Former Subsection E(1), regarding transferable development rights, was repealed 1-24-2022 by Ord. No. 1-2022.

(2) Not less than 75% of all prime agricultural soils located on any agricultural tract, as listed in § 250-13G of this chapter, shall be included within restricted open space area(s).

(3) Not more than 15% of all prime agricultural soils located on any agricultural tract, as listed in § 250-13G, shall be subject to land disturbance as a result of or in connection with land development or construction activities.

(4) To the greatest extent practicable, prime agricultural soils located on any agricultural tract, as listed in § 250-13G, shall be included within lots or parcels exceeding 10 net acres, whether in common ownership or in private ownership as provided in Subsection C(3) above.

§ 250-25 Cluster two development option.

A. General development standards and permitted uses.

(1) The cluster two development option shall be permitted where approved by the Board of Supervisors as a conditional use on any nonagricultural tract in the RA District.

(2) Applicable bonus density may be established on any tract of land subject to a cluster two development to provide for additional dwelling units within the cluster two development.

[Amended 1-24-2022 by Ord. No. 1-2022]

(3) (Reserved)[1]

[1] Editor's Note: Former Subsection A(3), regarding transferable development rights, was repealed 1-24-2022 by Ord. No. 1-2022.

(4) A tract of land subject to a cluster two development may receive transferable development rights to provide for additional residential development within the cluster two development, subject to applicable regulation.

(5) Principal residential uses in any cluster two development may include single-family detached dwellings and two-family dwellings.

(6) Principal residential uses in a cluster two development may include the following forms of multifamily dwellings where developed on tract(s) exceeding 10 net acres and with direct access to Pennsylvania Route 52 or Lenape-Unionville Road, subject to applicable design standards herein:

(a) Four-family dwellings developed in a single building designed to appear as a traditional single-family detached dwelling from the external view;

(b) Townhouse dwellings with up to six individual dwelling units in a single row and with offsetting facades;

(c) Apartment or condominium dwellings.

(7) All cluster two development shall adhere to all development and design standards set forth in § 250-23 and as otherwise provided in this chapter.

B. Density standards.

(1) Maximum base density in a cluster two development. Density within a cluster two development shall be measured in terms of GFA. The base maximum available GFA shall be determined by dividing the net tract area in acres, established as provided in § 250-6 of this chapter, by two and multiplying the result by 3,500 SF.

(2) Bonus density in a cluster two development. Base density in any cluster two development may be increased through use of any applicable bonus, measured in GFA and established on the tract subject to cluster two development as provided in § 250-16B(3). The maximum available GFA may thus be increased to 135% of the base maximum established as provided in Subsection B(1) above. For example, if the permitted base density was 20,000 SF GFA, the maximum density using applicable bonuses could increase to 27,000 SF GFA.

(3) (Reserved)[2]

[2] Editor's Note: Former Subsection B(3), Use of transferable development rights in a cluster two development, was repealed 1-24-2022 by Ord. No. 1-2022.

(4) Allocation of final density calculation to dwelling units.

[Amended 1-24-2022 by Ord. No. 1-2022]

(a) Base GFA, calculated as provided above, shall be adjusted to reflect any applicable density bonuses or density reductions, as provided herein, to yield the final total available GFA for the cluster two development (final GFA). Subject to all applicable design standards, the applicant may allocate final GFA to as few or as many dwelling units as desired, up to the maximum allowable number of dwelling units, equal to the net tract area in acres; fractions greater than 0.5 shall be rounded up to the nearest whole number.

(b) For example, a fifteen-acre tract containing 11.4 net acres could justify a base density of 19,950 SF GFA. With maximum use of bonus density and assuming no applicable density reductions, the density could be increased to a Final GFA of 33,915 SF. This Final GFA could be allocated to a maximum of 11 dwelling units (11.4 rounded down), providing on average 3,083 SF per dwelling. If a larger average dwelling size was desired, then fewer units would be permitted, as the final GFA would control. If, for example, only six dwellings were planned on the 15 gross acres, the average dwelling size could be 5,652 SF (excluding basement, garage and attic space).

C. Restricted open space standards.

(1) Minimum restricted open space: 50% of gross tract acreage, subject to the provisions of §§ 250-23 and 250-98 of this chapter.

(2) Except as provided in Subsection C(3) below, lands meeting minimum restricted open space requirements shall be separately deeded from residential lots and shall be held in common ownership in accordance with applicable provisions of § 250-99 of this chapter or shall be dedicated to Pocopson Township or another public agency or nonprofit entity acceptable to the Township.

(3) Where approved at the sole discretion of the Board of Supervisors, restricted open space may be added to residential lot(s) where each of the resulting lot(s) exceeds 10 net acres and complies with applicable provisions for conservation subdivisions.

(4) Where approved at the sole discretion of the Board of Supervisors, a portion of the restricted open space, regardless of ownership, may be used for the treatment or disposal of wastewater provided that no more than 20% of the gross area of the restricted open space shall be subject to land disturbance for such purposes.

D. Area and bulk provisions.

(1) Minimum lot size. No specific minimum individual lot size shall be required. The following minimum average lot sizes shall be provided or, alternatively, the following minimum area per dwelling unit shall be allocated to the respective residential development area and shall not also be counted toward open space requirements or rights-of-way:

(a) Single-family detached dwellings: 9,500 SF per lot or dwelling, average;

(b) Two-family dwellings: 5,000 SF per lot or dwelling, average;

(c) Four-family and townhouse dwellings: 3,500 SF per dwelling, average;

(d) Multifamily apartments or condominiums: 2,500 SF per dwelling, average.

(2) Lot and yard area requirements. The following lot and yard area requirements shall apply to all residential uses. At the time of conditional use application, applicant shall demonstrate to the satisfaction of the Township Board of Supervisors feasible compliance with these regulations for each permitted use, including potential accessory uses:

(a) Minimum separation between principal residential buildings side to side, on one or adjoining lots at any point, except accessory buildings and, as provided for certain multifamily dwellings below, shall meet all applicable fire codes but in no case shall be less than 30 feet if there are no fire hydrants within 800 feet, nor less than 20 feet if fire hydrants are available within 800 feet or if the applicable buildings are constructed with solid brick or stone, or are constructed with a masonry veneer consisting of full-size brick, stone, concrete composite materials including fiber cement clapboard siding, or similar fire-resistant masonry exteriors, as well as interior walls with two-hour fire ratings. Buildings containing more than four townhouse dwellings or multifamily apartments or condominiums shall have a minimum separation of 50 feet from the side wall of one residential structure housing such dwellings to the side wall of any other such residential structure.

(b) Minimum separation to the rear of any principal residential building shall not be less than 60 feet measured perpendicular from the rear wall of any residential structure to any point on any other building not accessory to such residential structure except as follows:

[1] Single-family detached and two-family dwellings shall have a minimum rear separation of 150 feet to any building wall or congregate parking area serving four-family dwellings, townhouse dwellings, or multifamily apartment or condominium buildings.

[2] Townhouse dwellings and multifamily apartments or condominiums shall have a minimum separation of 100 feet from the rear wall of one residential structure to any other such residential structure.

(c) Separation distances between buildings containing multifamily dwellings, where applicable, shall be measured exclusive of any parking areas, congregate waste storage areas, or community facilities or buildings, the presence of any one of which will require increased separation distances commensurate with their size and nuisance factors.

(d) Minimum separation between an accessory building and any residential dwelling to which it is not accessory (e.g., any residential dwelling on any other lot) at any point shall comply with Subsection D(2)(a) and (b) above.

(e) Minimum side yard setback from a lot line shall be five feet for single-family and two-family dwellings, subject to compliance with building separation standards set forth herein. No exterior doors shall be located less than eight feet from a lot line.

(f) No single-family detached or two-family dwelling unit on a lot less than 12,000 SF in gross area, nor any four-family dwelling or townhouse dwelling shall be set back less than 15 feet from the edge of cartway (or outside edge of curb, if applicable) of any street nor more than 25 feet from the public right-of-way, except where infeasible due to topographic conditions or where otherwise approved at the discretion of the Township in consideration of site-specific community design objectives. As a condition of approval, the Board of Supervisors may require the establishment of a "build-to line," prescribing specific building setbacks in all or part of the development.

(g) No part of any multifamily apartment or condominium building or any single-family detached dwelling on a lot greater than or equal to 12,000 SF in gross area shall be set back less than 25 feet from any residential street right-of-way or parking area, whichever is greater.

(h) All garages shall be set back a minimum of 25 feet from any edge of cartway, curb, parking area or sidewalk, as applicable, and shall be set back a minimum of five feet from the principal street facade of the dwelling to which it is accessory, whether attached to the dwelling or detached. Where alleys are provided, garages shall be set back at least 10 feet from the edge of the alley, except where parking perpendicular to the alley is provided, in which case the garage set back shall be increased to 20 feet.

(i) No building of any kind or parking area shall be located within a one-hundred-foot setback of any Township-designated collector or arterial road or within 75 feet of any preexisting tract boundary external to the development, except where approved as a specific condition of conditional use approval at the sole discretion of the Board of Supervisors.

(j) Maximum building height:

[1] Multifamily apartments or condominiums: three habitable stories;

[2] Single-family detached, two-family, four-family, or townhouse dwellings: 35 feet, as defined by BOCA.

[3] As a condition of conditional use approval, the Board of Supervisors may require a reduction in maximum height along ridgelines or within scenic road or scenic river corridors.

(k) Maximum impervious lot coverages:

[1] Single-family detached or two-family dwellings: 60% for 6,000 SF lots (or smaller where permitted) decreasing proportionately to 40% for 12,000 SF lots, thereafter decreasing proportionately to 10% for any lot of two acres or greater.

[2] Four-family, townhouse and multifamily apartment and condominium dwellings: 60% for individual lots not exceeding 6,000 SF, where applicable, and no more than 40% of the net area allocated to such dwellings, excluding any area counted toward required open space or used to comply with area and bulk requirements for any other residential or nonresidential use(s).

(l) Maximum total tract impervious coverage: 10% of net tract area.

E. Specific design standards.

(1) In addition to all other applicable design standards set forth in this chapter, the following specific design criteria shall apply to any cluster two development:

(a) Frontage limitations: There shall be an average of not less than 50 feet of frontage for each driveway providing access from a cul-de-sac to single-family detached or two-family dwelling(s).

(b) All dwellings other than multifamily apartments or condominiums shall have a usable rear yard area with a minimum depth of 30 feet, whether owned in fee or available as a limited common area, and which shall not be counted toward minimum open space requirements.

(c) No area within 20 feet of any four-family or townhouse dwelling(s) shall be included within area used to calculate minimum lot area for any other dwelling(s).

(d) Where development results in dwelling unit types or a mix of dwelling unit types inconsistent with the type and character of dwellings on adjacent properties, the Board of Supervisors may establish conditions of approval designed to minimize or mitigate potential negative impacts resulting from proximity of differing dwelling types and to ensure public safety.

(2) In addition to all other applicable design standards set forth in this chapter, the following specific design criteria shall apply to any development that includes four-family, townhouse, apartment or condominium dwellings:

(a) Frontage limitations. No building containing more than four townhouse dwellings nor multifamily apartment or condominium building shall front on a cul-de-sac bulb. There shall be a maximum of two four-family dwellings or buildings containing four or less townhouse dwellings on the bulb end of a cul-de-sac.

(b) No more than six dwelling units shall be attached or provided in a single residential structure other than multifamily apartments or condominiums. No horizontal dimension of any residential structure shall exceed 200 feet

(c) Development in accordance with this section shall be served by a public or community wastewater treatment and disposal system utilizing spray irrigation provided at the expense of the applicant, consistent with the Pocopson Township Sewage Facilities (Act 537) Plan, as may be amended, and in accordance with the provisions of Chapter 170 and § 190-36.

[Amended 5-9-2011 by Ord. No. 1-2011]

(d) Development in accordance with this section shall be served by a public or community water supply system in accordance with the provisions of Section 613 of the Pocopson Township Subdivision and Land Development Ordinance, where applicant can demonstrate, to the satisfaction of the Township Board of Supervisors, that adequate and safe water supply can be provided for the intended uses.

(e) Use of building materials shall specifically exclude brick that is white, tan, or spray-painted. All forms of exposed concrete block are prohibited as are metal buildings.

(f) Storage, collection, and disposal of solid waste from six family townhouses and multifamily apartments or condominiums shall comply with the following:

[1] Solid waste shall be stored in covered, secured containers located in a three sided fenced area or building on a concrete pad not more than 200 feet from any residence.

[2] Containers and storage areas for solid waste shall be provided in sufficient number and capacity to properly store all refuse including bulk refuse and designed to prevent containers from being tipped or spilled and to facilitate cleaning around them

§ 250-26 Village design overlay development (VDOD).

A. Specific purposes.

(1) (Reserved)[1]

[1] Editor's Note: Former Subsection A(1), transferable development rights, was repealed 1-24-2022 by Ord. No. 1-2022.

(2) To provide for a diversity of household types, age groups, and income levels in Pocopson Township in a safe, attractive, and durable housing stock.

(3) To promote traditional village building and site development patterns with an interconnected and broadly rectilinear pattern of streets, alleys, and blocks with sidewalks and a trail system, providing safe and convenient opportunities for pedestrians, bicyclists, and automobiles.

(4) To promote the location of dwellings, workplaces, recreational facilities, and places of community assembly in close proximity to each other, the scale of which facilitates and promotes pedestrian travel for trips within the community.

(5) To encourage creation of a functionally diverse yet visually unified community, with a consistent residential building scale, integrated with village greens and open spaces.

(6) To preserve important community open space resources, including significant scenic vistas, historical resources, recreational areas, woodlands, groundwater resources and other natural features.

(7) To incorporate stormwater and wastewater recycling, reuse, and recharge techniques that will preserve and enhance the water budget.

B. Conditional use approval. Development in accordance with this section shall be permitted where approved by the Board of Supervisors as a conditional use. Development under this section is considered to be a form of cluster development and shall conform to all general requirements for residential development set forth in § 250-17 as well as the general cluster requirements set forth in § 250-23. In consideration of conditional use approval in accordance with § 250-70 of this chapter, the Board of Supervisors shall determine that the applicant has demonstrated satisfactory compliance with all applicable development standards and design criteria. To the extent that any provisions of this section conflict with other applicable provisions of this chapter, the provisions of this section shall control.

C. Qualifying conditions. In consideration of any application for conditional use approval for development in accordance with the VDOD, it shall be the burden of the applicant to demonstrate to the satisfaction of the Board of Supervisors that the following requirements can be met in addition to compliance with all design standards herein:

(1) Tracts eligible for development under this section shall comprise a single tract, or contiguous tracts under common ownership at the time of adoption of this section, not less than 75 acres in gross area and where one or more of such contiguous tract(s) has direct frontage on Pennsylvania Route 52. Such tracts, where separated only by public or private rights-of-way (whether such rights-of-way are owned in fee or lesser interest), shall nevertheless be considered contiguous for the purposes of this section.

(2) Tract(s) meeting the qualifying condition set forth in Subsection C(1) above also shall be eligible for development in accordance with the VDOD where portion(s) of such tract(s) are located within a limited industrial or commercial base zoning district. In such cases, the provisions of this article shall supersede otherwise applicable base zoning provisions.

(3) All principal structures in the VDOD shall be set back a minimum of 100 feet from adjoining residential property lines.

(4) Development in accordance with the VDOD shall have direct access to the collector road system of Pocopson Township. At least one principal access shall be taken directly from a collector or arterial road as defined by the Township. The Township shall require that any access from a collector or arterial road provide for turn lanes or runaround lanes on such collector or arterial road regardless of whether such road is a Township or state road.

(5) Development in accordance with the VDOD shall be served by a public or community wastewater treatment and disposal system provided at the expense of the applicant, consistent with the Pocopson Township Sewage Facilities (Act 537) Plan, as may be amended, and in accordance with the provisions of Chapter 170 and § 190-36.

[Amended 5-9-2011 by Ord. No. 1-2011]

(6) Development in accordance with the VDOD shall be served by a public or community water supply system in accordance with the provisions of § 190-37. It shall be the burden of the applicant to demonstrate, to the satisfaction of the Board of Supervisors, that adequate and safe water supply can be provided for the intended uses within the village development.

[Amended 5-9-2011 by Ord. No. 1-2011]

D. Permitted uses in a VDOD:

(1) Single-family detached dwellings.

(2) Two-family dwellings.

(3) Townhouse dwellings limited to four individual dwelling units in a single attached structure with offsetting facades or four-family dwellings designed to appear similarly to a traditional single-family detached dwelling from the external view.

(4) Accessory residential units subject to compliance with all other applicable standards of this chapter.

(5) Live-work units, consisting of a first-floor office or work area use of no more than 1,000 SF and within the same structure as a residential dwelling. Live-work units shall conform to uses and standards established for minor home occupations. The locations of permitted live-work units shall conform to any applicable village master plan.

(6) Limited commercial uses where required pursuant to Subsection E(5) below, including day-care centers and any use permitted by right in accordance with § 250-28A of this chapter, except that no individual use permitted under § 250-28A shall exceed 4,000 SF in GFA and no dispensing of fuels shall be permitted as a principal or accessory use.

(7) Open space uses as provided in §§ 250-23B(2) and 250-98.

(8) Municipal, public, or community uses owned and operated by a public or private nonprofit agency, homeowners' association, or governmental or public utility, excluding business facilities, storage of materials or buses or commercial vehicles, trucking or repair facilities, the housing of repair crews, or private or municipal sanitary landfills.

(9) Any use customarily accessory to any permitted principal use, subject to compliance with all other applicable standards of this chapter.

E. Mix of land uses. In consideration of historical village development patterns, development in accordance with the VDOD shall include a variety of permitted land uses. In providing for a mix of land uses and residential dwelling types, the following standards shall apply unless modified at the sole discretion of the Board of Supervisors:

(1) No less than 40% or more than 60% of the total number of dwelling units planned for development in accordance with the VDOD shall be single-family detached or two-family dwellings on village lots averaging no more than 9,500 SF.

(2) No more than 30% of the total number of dwelling units shall be single-family detached dwellings on conventional lots of 12,000 SF or greater.

(3) No more than 35% of the total number of dwelling units shall be four-family dwellings or four-unit townhouse dwellings [as provided in Subsection D(3)].

(4) No more than 15% of all dwelling units will include accessory dwelling units or live-work units and no dwelling unit shall contain provisions for both. Accessory dwelling units and work units are limited to one third of the total floor area of the dwelling unit.

(5) An area equal to not less than 20% of the net tract area of any portion of the tract developed as a VDOD that is located in a limited industrial or commercial base zoning district(s) shall be planned for development of office, limited commercial, and other compatible nonresidential uses as provided in Subsection D(6). The entirety of such area shall be excluded from calculation of permitted residential density and required open space regardless of whether or not nonresidential development opportunities are fully realized in initial development plans under the VDOD. At the discretion of the Board of Supervisors, such uses may be located in portions of the VDOD located outside a limited industrial or commercial base zoning district.

(6) Area(s) developed for permitted nonresidential uses in accordance with Subsection E(5) above shall include land set aside at appropriate locations for public or quasi-public uses such as a day-care center, church, library, museum, educational or cultural use. No less than 15% of the gross area developed or allocated for such nonresidential uses shall be devoted to or set aside for such use(s).

F. Density calculations. For purposes of density calculation, development in accordance with the VDOD shall be classified as either VDOD-1 or VDOD-2. The applicant shall select one of the two options. VDOD-1 provides for calculation of density in terms of dwelling units only with no GFA limitations. VDOD-2 calculates density in terms of maximum GFA but offers greater flexibility in terms of the number of dwelling units which may ultimately be developed, intended to offer greater potential for development of affordable dwellings. In all density calculations, fractions greater than 0.5 shall be rounded up to the nearest whole number.

(1) VDOD-1 density standards.

(a) Maximum base density under the VDOD-1. Density under the VDOD-1 shall be measured in terms of dwelling units. No GFA limitation shall apply. The base maximum permissible number of dwelling units shall be determined by dividing the net tract area in acres, established as provided in § 250-6 of this chapter, by 0.85.

(b) Bonus density under the VDOD-1. Base density on any tract may be increased through use of any applicable bonus, established on the tract subject to the VDOD-1 development, as provided in § 250-16B(3). Each full increment of 3,500 SF GFA of applicable bonus density shall provide for one additional dwelling unit. The maximum permissible number of dwelling units may thus be increased to 115% of the base maximum established as provided in Subsection F(1)(a). For example, if the permitted base density was 100 units, the maximum density using applicable bonuses could increase to 115.

(c) (Reserved)[2]

[2] Editor's Note: Former Subsection F(1)(c), Use of transferable development rights under the VDOD-1, was repealed 1-24-2022 by Ord. No. 1-2022.

(2) VDOD-2 density standards.

(a) Maximum base density in a VDOD-2. Density within a VDOD-2 shall be measured in terms of GFA. The base maximum available GFA shall be determined by dividing the net tract area in acres, established as provided in § 250-6 of this chapter, by 3/4 and multiplying the result by 3,500 SF. For example, if a seventy-five-acre tract had 64.29 net acres, the base density would be 300,000 SF GFA (64.29 divided by 0.75 x 3,500; rounded to even thousand for clarity of example).

(b) Bonus density in a VDOD-2. Base density in any VDOD-2 may be increased through use of any applicable bonus, measured in GFA and established on the tract subject to VDOD-2 as provided in § 250-16B(3). The maximum available GFA may thus be increased to 125% of the base maximum established as provided in Subsection F(2)(a). For example, if the permitted base density was 300,000 SF GFA, the maximum density using applicable bonuses could increase to 375,000 SF GFA.

(c) (Reserved)[3]

[3] Editor's Note: Former Subsection F(2)(c), Use of transferable development rights under the VDOD-2, was repealed 1-24-2022 by Ord. No. 1-2022.

(d) Allocation of final density calculation to dwelling units.

[Amended 1-24-2022 by Ord. No. 1-2022]

[1] Base GFA, calculated as provided above, shall be adjusted to reflect any applicable density bonuses or density reductions, as provided herein, to yield the final total available GFA for the VDOD-2 (final GFA). Subject to all applicable design standards, the applicant may allocate final GFA to as few or as many dwelling units as desired, up to the maximum allowable number of dwelling units, determined by dividing the net tract area in acres by 1/2.

[2] For example, a seventy-five-acre tract (gross acreage) containing 64.29 net acres would justify a maximum density of 450,000 SF GFA, with maximum use of bonus density and assuming no applicable density reductions. This final GFA could be allocated to a maximum of 129 dwelling units (128.6 rounded up), providing on average 3,488 SF per dwelling. If a larger average dwelling size was desired, then fewer units would be permitted, as the final GFA would control. If, for example, only 100 dwellings were planned on the 70 gross acres, the average dwelling size could be 4,500 SF (excluding basement, garage and attic space).

(e) Each live-work unit specifically designed to provide a home office or business shall be credited 500 SF GFA for which no portion of the final GFA need be allocated and which need not be applied against the total maximum allocation of GFA otherwise permissible, so long as such credited GFA is restricted against conversion to residential use.

(f) Accessory dwellings, where permitted, shall not be counted against the maximum dwelling unit count, but shall be included within the GFA allocation for the principal residence to which they are accessory.

(g) Maximum GFA allocation per dwelling unit. Allocation of GFA shall not exceed the following maximum allocation per dwelling unit or lot, excluding credit for live-work unit(s) where applicable, regardless of the extent of bonus density calculation or acquired transferable development rights:

[1] Five thousand five hundred SF per single-family detached dwelling located on lot(s) greater than or equal to 12,000 SF in size;

[2] Four thousand five hundred SF per single-family detached dwelling located on lot(s) less than 12,000 SF in size;

[3] Four thousand five hundred SF per individual dwelling in a two-family dwelling; and

[4] Four thousand SF per individual townhouse or dwelling within a four-family dwelling.

(3) Nonresidential uses approved as provided herein shall not be subject to density calculation or allocation of GFA, but shall comply with applicable area and bulk regulations. Any land area used to meet area and bulk regulations for permitted nonresidential uses shall be excluded from the net tract area for purposes of calculating permitted residential density and minimum required open space. Open space areas and uses may be included in lands used to calculate permitted residential density.

G. Required open space.

(1) Development in accordance with the VDOD shall include a variety of open space areas comprising at least 50% of the net tract area, excluding any area approved for development of limited commercial uses.

(2) Open space measured as contributing to the minimum 50% requirements shall fully comply with all applicable design standards herein as well as the use, management, and ownership provisions of §§ 250-23 and 250-98.

(3) Except where otherwise approved as a condition of conditional use approval, at the sole discretion of the Board of Supervisors, all mature or ecologically important woodlands and other important natural and cultural features (other than buildings), as identified per § 250-17B, shall be preserved in common open space or deeded to the Township or to a nonprofit charitable conservation organization acceptable to the Township.

H. Area and bulk standards and regulations.

(1) Limited commercial uses shall comply with the area and bulk regulations provided in § 250-29 of this chapter.

(2) For residential uses, including live-work units and accessory residential units, no minimum lot area is prescribed. The lot and yard area regulations provided in § 250-25D shall apply.

I. Design standards for village development. To promote appropriate village design in conformance with the following standards, the Board of Supervisors may call upon recognized design experts as needed to assist in determining appropriate design for both new structures and plans for rehabilitation of historical structures where applicable, reasonable costs therefor to be borne by the applicant. The Board of Supervisors also may set up a village design review commission or committee to review and make recommendations upon all architectural matters within any village developed in accordance with the VDOD. In addition to all applicable provisions of §§ 250-17, 250-23 and 250-25, the following standards shall apply to any VDOD development:[4]

(1) The village shall be distinguished from peripheral open space areas by a well-defined line or edge so that developed areas will transition very quickly to undeveloped lands.

(2) The village shall be designed with an interconnected and broadly rectilinear pattern of blocks and streets and alleys, bikeways, brick or concrete brick paver sidewalks and trails, facilitating safe and convenient pedestrian, bicycle and motor vehicle circulation.

(3) Topography, existing vegetation, hydrology, and other physical features should influence block shape and size, along with the specific design intentions of the applicant. Nevertheless, the maximum length for an individual block in any dimension shall be 400 feet, except where the Board of Supervisors approves larger blocks subject to provision for midblock footpaths or pedestrian alleys.

(4) To the maximum extent practicable, alleys shall be provided to move vehicular access to the rear of the principal structures and thereby improve the appearance of the streetscape.

(5) A variety of open space areas shall be provided including peripheral open space, open areas designed to retain or create scenic views or vistas, recreation areas, and village greens.

(6) Peripheral open space shall surround the village, designed to create a visual and physical distinction between the proposed village development and the surrounding countryside or any neighboring developments. The peripheral open space shall be not less than 150 feet in width unless explicitly modified upon a finding that unique topographical or other natural features or preexisting boundary conditions require an alternative arrangement. Peripheral open space should be designed to follow the natural features whenever possible and to maintain a park-like, woodland, or countryside character. To the greatest extent practicable, peripheral open space shall be directly accessible, both physically and visually, from the village street system, and shall not be separated from the street system by intervening structures.

(7) Village greens shall be distributed throughout the village, designed to serve a variety of outdoor leisure and assembly needs of village residents, provide groundwater recharge areas, and to enhance the form and appearance of the village development.

(a) The number, size, and design of village greens shall generally conform with any applicable village master plan prepared or approved by the Board of Supervisors.

(b) At least 75% of all residential dwellings shall abut or face a village green or other accessible open space area. No residential dwelling shall be more than a walking distance of 250 feet from a village green or other accessible open space area.

(c) No village green shall be less than 15,000 SF in gross area.

(d) All village greens shall be appropriately landscaped and planted with shade trees along their edges or in such other locations as may be approved by the Board of Supervisors.

(8) Limited commercial areas.

(a) Limited commercial areas shall be designed to provide a variety of retail shops and services to support the day-to-day needs of village residents and other local residents, complemented by other compatible business, civic, and residential uses in commercial-type buildings in a manner consistent with a small downtown or central market place.

(b) Commercial buildings shall be designed with either a traditional village or rural architectural character and proportions or may be a contemporary expression of traditional styles and forms, respecting the scale, proportion, character, stylistic features, and exterior materials of historic buildings in Pocopson Township and the surrounding area. The applicant shall provide the Township with plans and drawings as necessary to demonstrate compliance with this provision.

(c) Commercial buildings shall have pitched roofs with overhanging eaves. Desired roof materials include slate (either natural or man-made), shingle (either wood or asphalt composition), and metal formed to resemble "standing seams." Roof color should reflect local traditional colors and shall specifically exclude white or blue shingles, red clay tiles, and corrugated metal. The use of fascias, dormers, and gables is encouraged to provide visual interest.

(d) Exterior wall materials on commercial buildings shall be wood or concrete composite materials including cemplank clapboard siding, native stone, split-face aggregate block, brick or other material of a shape, color, and texture similar to that otherwise found in Pocopson Township and the surrounding area. Specifically prohibited shall be brick that is white, tan, or spray-painted and T-111 plywood siding. All forms of exposed concrete block shall be prohibited as shall metal buildings.

(e) The layout and massing of commercial buildings shall reflect a residential scale. Commercial buildings larger than 4,000 SF in first floor building footprint shall be deemphasized in a variety of ways, including the use of projecting and recessed sections to reduce their apparent overall bulk and volume. Breaks in facades and rooflines should occur not more frequently than 20 feet, nor less frequently than 80 feet.

(f) Parking and loading areas shall be buffered from view from public streets, village open spaces and differing land uses by berms and landscape plantings and comply with other appropriate sections of this chapter.

(9) Village residential areas.

(a) Village residential structures shall be designed to generally appear as traditional single-family detached, two-family, or single-family attached townhouse dwellings, regardless of the number of individual dwellings actually contained in each structure.

(b) Live-work units shall be architecturally integrated within the residential structure of which they are a part and shall otherwise comply with all design standards applicable to residential structures.

(c) Village residential structures shall be designed with either a traditional village architectural character and proportions or may be a contemporary expression of traditional styles and forms, respecting the scale, proportion, character, stylistic features, and exterior materials of historic residential buildings in Pocopson Township and the surrounding area.

(d) Accessory residential units permitted on the same lot with a single-family detached dwelling shall be incidental to the principal dwelling and shall be architecturally integrated within the residential structure of which they are a part.

[1] There shall be a maximum of one accessory residential unit per principal residential dwelling.

[2] The GFA in any accessory residential unit shall not exceed 1,000 SF.

[3] Where located above the ground floor, accessory residential units shall be provided with fire escape access. Exterior fire escapes are prohibited on any side of accessory residential units except at their rear.

[4] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

J. Modifications.

(1) To encourage the creation of a well-planned village development, the Board of Supervisors may permit by conditional use approval the modification of the area and bulk provisions and other dimensional design standards of this article. No modifications to maximum permissible density or minimum open space standards shall be permitted. Applicants must demonstrate that such modifications shall not substantially diminish the traditional character of the proposed village development nor create any potential safety hazard(s), and that such modifications shall remain consistent with the spirit and purposes of this article. However, in terms of modifying any such dimensional requirement (lot area, width, setbacks, yard depth, building height, roof pitch, etc.), such modification may not be greater than 25% of either minimum requirements or maximum allowances.

(2) Any conditional use approval to permit such modification(s) shall be subject to the following criteria:

(a) The design and modifications shall be consistent with the purposes and the land-use standards contained herein.

(b) The design and modifications shall enhance the overall village development plan, the streetscapes, and the neighborhoods, or at least not be any less desirable than the plan that could be created in conformance with this section.

(c) The design and modifications shall not produce lots or street systems that would be impractical or detract from the appearance of the village and shall not adversely affect emergency vehicle access or deprive adjoining noncommercial properties of adequate light and air.

(3) The applicant shall demonstrate to the Board of Supervisors that the proposed modification(s) will produce equal or better results than could be achieved without the requested modification(s) and that they represent the minimum modification necessary.

(4) If the Board of Supervisors determines that the applicant has met his/her burden of proof, it may grant modification(s) of the requirements herein. In granting modifications, the Board of Supervisors may impose such conditions as will, in its judgment, secure the objectives and purposes of this section.