[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]
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.
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
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—
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Brandywine loam
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BrC2
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—
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Brandywine loam
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Ch
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—
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Chewacla silt loam
|
Cn
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—
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Congaree silt loam
|
CdA
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—
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Chester silt loam
|
CdB
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—
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Chester silt loam
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CdB2
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—
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Chester silt loam
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CdB3
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—
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Chester silt loam
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CdC3
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—
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Chester silt loam
|
GeA
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—
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Glenelg Channery silt loam
|
GeA2
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—
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Glenelg Channery silt loam
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GeB
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—
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Glenelg Channery silt loam
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GeB2
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—
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Glenelg Channery silt loam
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GeB3
|
—
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Glenelg Channery silt loam
|
GeC
|
—
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Glenelg Channery silt loam
|
GeC2
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—
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Glenelg Channery silt loam
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GeC3
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—
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Glenelg Channery silt loam
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GgA3
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—
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Glenelg silt loam
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GnA
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—
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Glenville silt loam
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GnB
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—
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Glenville silt loam
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GnB2
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—
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Glenville silt loam
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MgA2
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—
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Manor loam
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MgB2
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—
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Manor loam
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MgB3
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—
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Manor loam
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MgC2
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—
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Manor loam
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[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.
[1]
Editor's Note: Former § 250-14, Transferable development
rights, was repealed 1-24-2022 by Ord. No. 1-2022.
[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.
(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.
(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.
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:
(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.
(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.
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]
(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.
(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.
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]
[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.
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.
(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]
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.
(4)
Principal residential uses in a conventional development
shall be limited to single-family detached dwellings.
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.
(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]
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.
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.
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.
B.
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.
(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:
(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.
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:
(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.
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.
(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;
(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.
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.
C.
Restricted open space standards.
(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.
(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.
(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).
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]
(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:
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.
(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.
(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:
(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.
(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
A.
Specific purposes.
(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.
(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.
(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.
(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.
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.
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.