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Township of Upper Pottsgrove, PA
Montgomery County
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Table of Contents
Table of Contents
[Amended 11-26-1990 by Ord. No. 218; 11-25-1996 by Ord. No. 274; 6-22-1988 by Ord. No. 289]
In expansion of the legislative intent contained in Article I, § 350-4, of this chapter, and the community development objectives contained in Article I, § 350-5, of this chapter, it hereby is declared to be the primary purpose of this article to permit development of medium-density single-family detached homes in a manner that creates a strong neighborhood identity and sense of community. Specific objectives are as follows:
A. 
To effectively achieve the land use planning goals identified in the Upper Pottsgrove Comprehensive Plan by allowing well-designed medium-density development.
B. 
To create a more inviting pedestrian environment and to encourage social interaction by requiring an open space focal point, requiring sidewalks, reducing the impact of automobiles and creating a varied streetscape.
C. 
To provide variety by requiring different lot sizes, controlling the location of garages and requiring staggered front yard setbacks.
D. 
To reduce vehicle trips by encouraging walking.
E. 
To provide usable and accessible neighborhood open space.
F. 
To protect privacy by having adequate dimensional standards, including lot size, lot width, building setbacks, building coverage and impervious coverage.
G. 
To integrate new development into the surrounding community by requiring setbacks from tract property lines and by requiring well designed developments.
H. 
To coordinate medium-density development with necessary public sewer and water facilities.
[Amended 9-27-1999 by Ord. No. 300; 7-10-2000 by Ord. No. 307]
In an R-2 Residential District, a building or structure may be erected, altered or used and a lot or premises may be used or occupied for any of the following reasons:
A. 
A single-family detached dwelling, as outlined below:
(1) 
R-2 Neighborhood Development. As a permitted use on lots subdivided from tracts of three acres or more, existing as of the date of adoption of this chapter, when done as an R-2 Neighborhood Development, as outlined in this article. Any R-2 Neighborhood Development shall have a minimum of five building lots.
(2) 
As a permitted use on lots subdivided from tracts less than three acres in size or on a lot existing as of the date of adoption of this article, when done in compliance with the standards of §§ 350-80D and 350-81B of the R-2 District; such lots do not need to comply with any other requirements of the R-2 District.
(3) 
As a conditional use, when done in compliance with the standards in Article VII of this chapter, the R-1 Residential District, and all conditional use standards in § 350-85 of this article.
B. 
Any use permitted by § 350-66C of Article VII, in accordance with the requirements of Article VII.
C. 
Class One institutional uses when authorized as a special exception in accordance with requirements of § 350-30.
D. 
Accessory uses on the same lot with and customarily incidental to any permitted use.
E. 
No-impact home-based business shall be permitted by right, except that such permission shall not supersede any deed restrictions, covenant or agreement restricting the use of land nor any master deed, by law or other document applicable to a common interest ownership community.
[Added 9-8-2003 by Ord. No. 353]
General requirements for R-2 Neighborhood Developments are as follows:
A. 
Maximum tract density. One dwelling unit per developable 25,000 square feet. Developable land shall be calculated based on the environmental adjustment factors as defined in § 350-86. The maximum density does not represent a guaranteed minimum density to the developer.
[Amended 6-23-2003 by Ord. No. 351; 3-28-2005 by Ord. No. 379]
B. 
Minimum tract size: three gross acres.
C. 
Minimum amount of common open space. At least 25% of the gross tract area shall be permanently preserved as common open space in accordance with the standards outlined in § 350-83.
[Amended 3-28-2005 by Ord. No. 379]
D. 
All development in the R-2 District shall be served by public sewage and water facilities. Any lot not served by either public sewage facilities or public water facilities must meet the requirements of Article VII, the R-1 Residential District.
E. 
Joint development of tracts in R-2 Residential District. If two or more adjacent tracts within the R-2 Zoning District are being developed simultaneously under the neighborhood lotting standards, the developers may request that their individual plans be considered as one for the purpose of calculating open space requirements. Upon recommendation of the Planning Commission, such request may be granted by the Board of Commissioners upon such conditions as the Board determines appropriate.
[Added 3-28-2005 by Ord. No. 379]
A. 
Lot types and dimensional standards for R-2 Neighborhood Developments:
(1) 
Types of lots. R-2 Neighborhood Developments shall consist of two types of lots: conventional lots and extra-wide lots. These lots shall meet the following distributional requirements:
(a) 
Conventional lots.
[1] 
Conventional lots shall comprise at least 70%, but no more than 90%, of the total number of lots in an R-2 Neighborhood Development.
[2] 
No more than six conventional lots may be located adjacent to each other on the same side of the street. When more than six conventional lots would be located on the same side of a street, they must be separated by an extra wide lot. For this measurement, rows of lots shall begin or end at street intersections, the end lot on culs-de-sac and/or any open space along the street that is 80 feet or more in width.
(b) 
Extra wide lots.
[1] 
Extra wide lots shall comprise at least 10%, but no more than 30%, of the total number of lots in an R-2 Neighborhood Development.
[2] 
No more than two extra wide lots may be located adjacent to each other on the same side of the street.
[3] 
Lots located on street corners may not be counted as extra wide lots.
[4] 
Extra wide lots which are 20,000 square feet in size or larger shall be deed restricted against future subdivision.
(2) 
Dimensional standards for R-2 Neighborhood Development lots.
Type of Lot
Conventional Lots
Extra Wide Lots
Minimum lot size (square feet)
10,000
14,000
Minimum lot width (feet)
80
120
Minimum front yard setback from street ultimate right-of-way line (feet)
Refer to Subsection A(3) below
35
Minimum side yard setback (feet)
15
15 on one side and 45 on the other
Minimum rear yard setback (feet)
25
25
Minimum building setback from tract boundaries (feet)
40
40
Maximum building coverage (percent)
18
18
Maximum impervious coverage (percent)
30
30
Maximum height of dwellings (feet)
35
35
Maximum height of accessory buildings (feet)
15
15
(3) 
Minimum front yard setback for conventional lots.
(a) 
A minimum of 50% and a maximum of 80% of the conventional lots in an R-2 Neighborhood Development shall have a minimum front yard setback of 25 feet, measured from the street ultimate right-of-way line.
(b) 
A minimum of 20% of the conventional lots in an R-2 Neighborhood Development shall have a minimum front yard setback of 35 feet, measured from the street ultimate right-of-way line.
(c) 
No more than four conventional lots with the same minimum front yard setback shall be located adjacent to each other, on the same side of the street.
B. 
Dimensional standards for lots subdivided from tracts less than three acres in size and for a lot existing as of the date of adoption of this article, provided, public sewers and public water are provided to the dwelling unit:
(1) 
Minimum lot size: 20,000 square feet.
(2) 
Minimum lot width: 100 feet.
(3) 
Minimum front yard setback from street ultimate right-of-way line: 40 feet.
(4) 
Minimum side yard setback: 20 feet.
(5) 
Minimum rear yard setback: 40 feet.
(6) 
Maximum building coverage: 15%.
(7) 
Maximum height of dwellings: 35 feet.
(8) 
Maximum height of accessory buildings: 15 feet.
Design standards for R-2 Neighborhood Developments are as follows:
A. 
Garage location and design. All garages shall meet one of the following design standards:
(1) 
The garage is side entry, so that the garage doors are perpendicular or radial to the street which the front facade faces.
(2) 
The garage is front entry and set back at least five feet from the front facade of the house. In any R-2 Neighborhood Development, lots with front entry garages shall not comprise more than 50% of the total number of lots.
(3) 
The garage is located at or behind the rear facade of the house. This garage may be detached from or attached to the house, and the garage doors may face any direction.
(4) 
The garage is rear entry, so that the garage doors are on the opposite side of the house from the front facade.
B. 
Street trees. Street trees shall be provided in accordance with Chapter 310, Subdivision and Land Development.
C. 
Sidewalks. Sidewalks shall be provided in accordance with Chapter 310, Subdivision and Land Development.
D. 
Driveway access. No lot within an R-2 Neighborhood Development shall take driveway access from an existing feeder road or semicontrolled access highway.
E. 
Street layout. Streets within R-2 Neighborhood Developments should be interconnected with each other and with streets on abutting properties. Unless no other street layout is physically feasible, cul-de-sac streets should not be used. When permanent culs-de-sac are used, the bulb shall have a cul-de-sac island in accordance with § 350-83B of the R-2 Residential District.
[Amended 3-28-2005 by Ord. No. 379]
Open space standards for R-2 Neighborhood Development are as follows:
A. 
Minimum size.
(1) 
On tracts of at least 20 acres, at least 25% of the gross tract area in an R-2 subdivision shall be comprised of permanent central and passive open space, in conjunction with central open space standards as stated in § 350-83B. All open space on land development plans must be designated as either "passive open space" or "central open space."
(2) 
On tracts of less than 20 acres, the developer shall either:
(a) 
Meet the requirements of Subsection A(1) and central open space requirements of Subsection B; or
(b) 
Provide 30% of the gross tract area as permanent open space (in which case central open space is not required).
B. 
Central open space.
(1) 
Central open space requirements:
(a) 
Central open space shall be suitable for active recreation, but may additionally be suitable for some passive recreation activities.
(b) 
Central open space shall be located in a location central to the subdivision or neighborhood that it serves, and shall be easily and conveniently accessible by sidewalk or paved trail from every home within the development.
(c) 
All portions of central open space areas, except for those areas under sidewalks, water, furnishings, and recreational structures, shall be landscaped with trees, shrubs, ground cover, or grass. Existing vegetation shall be conserved and/or new plant material provided within central open space areas as required, per Chapter 310, Subdivision and Land Development, § 310-37C.
(d) 
Street trees shall be provided along the perimeter of central open space areas that border streets in accordance with Chapter 310, Subdivision and Land Development, § 310-37D.
(2) 
Central open space design options.
(a) 
For tracts of at least 20 acres. Some or all of the required central open space shall take the form of a village green or greens. The combined size of all village greens must be equal to at least 1,250 square feet per dwelling unit in that R-2 development. The following central open space requirements apply to tracts of at least 20 acres:
[1] 
Village green. Each village green must be at least 25,000 square feet. Village greens shall also be configured in the following way:
[a] 
Each dwelling unit in the subdivision must be located within 1,000 feet of a village green (measured along a sidewalk or trail).
[b] 
Have at least 65% of its perimeter surrounded by internal roads.
[c] 
Where a village green abuts residential lots a screening buffer must be planted to clearly delineate the boundary separating the village green from the residential lots (for screening buffer requirements, see Chapter 310, Subdivision and Land Development, § 310-37E).
[d] 
Be configured so that a circle with a radius of 50 feet can fit within the confines of the village green and shall have a length that is not more than twice its width.
[e] 
Have a maximum grade of 3%.
[2] 
Eyebrow. Shall be surrounded by streets on all sides, shall be generally configured as a semicircle, and shall be configured so that a circle with a radius of 30 feet can fit within the confines of the eyebrow.
[3] 
Cul-de-sac island. Shall be located in the bulb of a cul-de-sac, shall have an island radius of at least 20 feet, shall have a cartway radius of at least 45 feet, and shall have a right-of-way radius of at least 55 feet.
(b) 
For tracts under 20 acres. Central open space is not required but may be provided to count towards the minimum open space requirement. Central open space, where provided, shall meet one of the following configuration requirements:
[1] 
Village green. If a village green is provided, it must be:
[a] 
At least 20,000 square feet.
[b] 
Each dwelling unit in the subdivision must be located within 1,000 feet or a village green (measured along a sidewalk or trail).
[c] 
Have a minimum of at least 45% of its perimeter surrounded by internal roads.
[d] 
Where a village green abuts residential lots a screening buffer must be planted to clearly delineate the boundary separating the village green from the residential lots (for screening buffer requirements, see Chapter 310, Subdivision and Land Development, § 310-37E).
[e] 
Be configured so that a circle with a radius of 50 feet can fit within the confines of the village green and shall have a length that is not more than twice its width.
[f] 
Have a maximum grade of 3%.
[2] 
Eyebrow. Shall be surrounded by streets on all sides, shall be generally configured as a semicircle, and shall be configured so that a circle with a radius of 30 feet can fit within the confines of the eyebrow.
[3] 
Cul-de-sac island. Shall be located in the bulb of a cul-de-sac, shall have a island radius of at least 20 feet, shall have a cartway radius of at least 45 feet, and shall have a right-of-way radius of at least 55 feet.
C. 
Passive open space.
(1) 
The passive open space shall be located and designed to meet one of the following goals, listed in descending order of importance. The final location of passive open space shall be determined by the Township Board of Commissioners.
(a) 
To preserve land identified for preservation in the Township's Comprehensive Plan and/or the Township's Parks, Recreation and Open Space Plan.
(b) 
To preserve woodlands, stream corridors, wetlands and steep slopes.
(c) 
To expand permanently preserved land on an abutting tract.
(d) 
To provide buffers from existing roads.
(e) 
To provide buffers from abutting properties.
(2) 
To count towards the minimum open space requirement, passive open space shall have safe and convenient access and at least 50 feet of contiguous frontage on a road within the R-2 Neighborhood Development. When the passive open space is comprised of a portion of a single-family detached lot or lots, access is required only when determined necessary by the Township Board of Commissioners.
All common open space and other common facilities shall be owned and maintained using one or more of the following ownership methods:
A. 
Central open space.
(1) 
Any ownership method listed in § 350-72 of Article VII, the R-1 Residential District, except for the dedication of open space to the Township.
(2) 
Dedication to the Township. The Township may or may not choose to accept an offer of dedication of central open space. When choosing to accept the dedication of central open space, the Township, as determined by the Board of Commissioners, may impose a transfer fee for all future transfers of lots in the development to provide financial security for the maintenance or other needs of the dedicated central open space. Such transfer fee shall be set forth in the deed to the Township and in a recorded agreement as notice to future transferees of lots in the development.
B. 
Passive open space.
(1) 
Any ownership method listed in § 350-72 of Article VII, the R-1 Residential District.
(2) 
Private ownership. When determined by the Township Board of Commissioners, passive open space may be held by an individual or combination of owners as a portion of their single-family detached lot; provided, the following requirements are met:
(a) 
All passive open space shall be permanently deed restricted from further development. The deed restriction shall be reviewed and approved as part of the subdivision and land development process.
(b) 
The passive open space shall be maintained in a natural state, either as a meadow or woodland. Any accessory structures or uses such as recreational equipment, fencing, swimming pools, parking and storage of equipment or materials is prohibited.
As stated in § 350-79A(3), applicants may develop single-family detached homes in a conventional manner that does not conform to the R-2 standards when the applicant subdivides in accordance with the standards outlined in Article VII, the R-1 Residential District, receives conditional use approval and demonstrates to Upper Pottsgrove Township's Board of Commissioner that all of the following conditions are met:
A. 
The tract in question cannot be developed under the R-2 standards because of the size of the tract, the shape of the tract, the location of natural features or the lack of public sewers or public water.
B. 
The proposed development complies with the goals and objectives in the Township's Comprehensive Plan and the Township's Parks, Recreation and Open Space Plan.
[Added 3-28-2005 by Ord. No. 379]
In order to help preserve sensitive natural features, developable tract acreage shall be based on the application of environmental adjustment factors, as described below:
A. 
Environmental adjustment factors. Except as may be provided for elsewhere in this article, the following environmental adjustment factors shall be used to determine developable acreage for development tracts in the R-2 Residential District. Each natural feature in the following chart shall be mapped and deducted in part or in whole based on the percentages shown on the chart in compliance with the requirements in Subsection B, below:
Natural Feature
Environmental Adjustment Factor for Public Water and Sewer
Water bodies
1.00
Watercourses
1.00
Floodplain
1.00
Wetlands
1.00
Slopes greater than or equal to 25%
1.00
Slopes greater than 15% but less than 25%
0.33
B. 
Undevelopable acreage. Each proposed development tract shall base its maximum density on developable acreage. This developable acreage shall be calculated by deducting the following from the total lot area:
(1) 
All land within the ultimate rights-of-way of existing public or private streets, highways, and/or public utilities, and/or within easements and/or access strips.
(2) 
Total acreage containing each of the natural features multiplied by the corresponding density factor, as shown in Subsection A above.
(3) 
If a portion of the tract is underlain by more than one natural feature subject to a density adjustment factor, that acreage shall be subject to the most restrictive factor only.
C. 
Example of developable acreage calculation for R-2 Residential District:
If total proposed tract acreage, exclusive of rights-of-way, easements and access strips, equals 10.00 acres:
Environmental Features
Adjustment Factor
Gross Acreage Subject to Environmental Feature
Developable Acreage (a x b = c)
Water Bodies
1.00
0
0
Watercourses
1.00
0.1
.1 x 1.00=.10 acres
Floodplain
1.00
0.3
.3 x 1.00=.30 acres
Wetlands
1.00
1.1
1.1 x 1.00=1.10 acres
Slope greater than or equal to 25%
1.00
0.2
0.2 x 1.00=0.20 acres
Slope greater than 15% but less than 25%
0.33
0.4
0.4 x 0.33=0.13 acres
Total
1.83 acres deducted
. . . total developable acreage = 10.00 gross acres - 1.83 acres = 8.17 developable acres.