A.
Permitted uses. Uses are permitted by right, as special exceptions, and as conditional uses in residential districts in accordance with § 200-19.
D.
Off-street parking and loading. Off-street parking and loading shall be provided in accordance with Article XII.
G.
Performance standards. Any activity or use in residential districts shall comply with the performance standards of Article II.
H.
Natural and landscaped areas. Except as provided for
in specific sections of this article, all portions of a tract not
occupied by buildings and required improvements shall be maintained
as landscaped areas consisting of natural environmental features and/or
planted vegetation.
I.
Permanent open space.
(1)
Permanent open space: design standards. Permanent
open space to be provided in accordance with certain sections of this
article shall be designed in accordance with the following standards:
(a)
Permanent open space shall be so designated
on the submitted plans, and the plans shall contain a notation stating,
"Permanent Open Space shall not be separately sold and shall not be
further developed or subdivided."
(b)
Permanent open space shall be contiguous to
the development, not separated by existing streets, and shall not
be a part of any lot within the development, except as a conditional
use, permanent open space may be separated from the development by
existing streets.
(c)
Each area of permanent open space shall contain
not less than 10,000 square feet.
(d)
Permanent open space areas shall be designed
as a continuous system of open space and shall be interconnected with
open space areas on abutting parcels whenever possible.
(e)
Permanent open space shall be provided with
safe and convenient access to the residentially developed area of
the tract by adjoining frontage on streets or easements capable of
accommodating pedestrian, bicycle, and maintenance vehicle traffic.
The permanent open space shall contain appropriate access improvements
and shall be provided with perimeter parking areas where appropriate.
(f)
Permanent open space shall predominantly consist
of natural environmental features or planted and maintained vegetation
that may contain walking, biking, or equestrian trails. Permanent
open space may also contain impervious surface areas, such as tennis
courts, clubhouses, or other active recreation facilities, but such
active recreation facilities shall consist of less than 25% of the
permanent open space.
(g)
Permanent open space shall be configured so
as to create areas of adequate size and shape to permit a variety
of uses, active or passive, throughout the system.
(2)
Permanent open space: environmentally sensitive area.
The environmentally sensitive area of a tract or portions thereof
may be counted toward permanent open space to be provided in accordance
with certain sections of this article, provided that the following
criteria are met:
(a)
Active recreational facilities to meet the needs
of the residents or users of the development are provided outside
of the environmentally sensitive area of the tract.
(b)
Use of environmentally sensitive areas for passive
recreation shall not include structures and shall not conflict with
the primary purpose of environmentally sensitive areas to conserve
and protect specific natural resources.
(3)
Permanent open space: offer of dedication. Permanent
open space to be provided in accordance with certain sections of this
article shall be offered for dedication to the Township, although
the Township need not accept any such offers.
(4)
Permanent open space: ownership and maintenance. Provision
for ownership and maintenance of the permanent open space shall be
made in a manner so as to ensure its preservation. This shall be accomplished
in one of the following manners:
(a)
The Township may accept dedication of the permanent
open space or any interest therein for public use and maintenance,
but the Township need not accept a dedication of the permanent open
space if offered.
(b)
With permission of the Township, and with appropriate
deed restrictions in favor of the Township and in language acceptable
to the Township Solicitor, the developer may transfer the fee simple
title in the permanent open space or a portion thereof to a private,
not-for-profit organization among whose purposes is the conservation
of open space land and/or natural resources, provided that:
[1]
The organization is acceptable to the Township
and is a bona fide conservation organization with a perpetual existence;
[2]
The conveyance contains appropriate provision
for proper retransfer or reverter in the event that the organization
becomes unable or unwilling to continue to carry out its functions;
and
[3]
A maintenance agreement acceptable to the Township
is entered into by the developer, the organization and the Township.
(c)
The developer shall provide for and establish
an organization for the ownership and maintenance of the permanent
open space consistent with the requirements for unit owners' associations
found in the Pennsylvania Uniform Planned Community Act or Pennsylvania
Uniform Condominium Act. If such an organization is created, the deeds
for the permanent open space and for all individual lots within the
development shall contain the following requirements in language acceptable
to the Township Solicitor:
[1]
Such organization shall not dispose of the permanent
open space by sale or otherwise except to the Township or other government
body unless the Township has given prior approval. Such transfer shall
be made only to another organization that shall maintain the permanent
open space in accordance with the provisions of this chapter.
[2]
The organization and all lot owners within the
development shall agree to maintain the permanent open space. If private
ownership fails to do so, the Township may proceed to maintain deteriorating
open space and may assess and lien the properties within the development
accordingly.
[3]
All lot owners shall be required to become members
of the organization and pay assessments for the maintenance of the
permanent open space, which may be increased for inflation and which
may provide for professional management.
[1]
Editor's Note: The Table of Permitted Uses for Residential Districts is included at the end of this chapter.
A.
Residential Districts, except Cluster.[1]
[1]
Editor's Note: The Table of Development Standards for Residential Districts Except Cluster is included at the end of this chapter.
B.
R-1 District Cluster Overlay.[2]
[2]
Editor's Note: The Table of Development Standards for R-1 District Cluster Overlay is included at the end of this chapter.
C.
R-2 District Cluster Overlay.[3]
[3]
Editor's Note: The Table of Development Standards for R-2 District Cluster Overlay is included at the end of this chapter.
D.
R-3 District Cluster Overlay.[4]
[4]
Editor's Note: The Table of Development Standards for R-3 District Cluster Overlay is included at the end of this chapter.
A.
Intent. The intent of the R-1 Residential District is to provide appropriate locations and development standards for single-family detached residential dwellings (and in specified cases in cluster developments, two-family and single-family attached residential dwellings) associated with low-density areas of the Township. R-1 Residential Districts are also appropriate for residential clustering. (See §§ 200-20B and 200-26.)
A.
Intent. The intent of the R-2 Residential District is to provide appropriate locations and development standards for single-family detached residential dwellings (and in specified cases in cluster developments, two-family and single-family attached residential dwellings) associated with medium-low-density areas of the Township. R-2 Residential Districts are also appropriate for residential clustering. (See §§ 200-20C and 200-26.)
A.
Intent. The intent of the R-3 Residential District is to provide appropriate locations and development standards for single-family detached residential dwellings (and in specified cases in cluster developments, two-family and single-family attached residential dwellings) associated with moderately low-density areas of the Township. R-3 Residential Districts are also appropriate for residential clustering. (See §§ 200-20D and 200-26.)
A.
Intent. The intent of the RM Residential District
is to provide appropriate locations and development standards for
single-family detached, two-family, single-family attached, and multifamily
residential dwellings in medium-density developments within areas
of the Township designated for such uses by the Comprehensive Plan.
A.
Intent. The intent of the RMH Residential District
is to provide appropriate locations and development standards for
single-family detached, two-family, single-family attached, and multifamily
residential dwellings in medium-high-density developments within areas
of the Township designated for such uses by the Comprehensive Plan.
[Added 6-11-2014 by Ord. No. 255-2014]
A.
Intent. The intent of the RRD Residential Revitalization District
is to provide for and encourage reuse, redevelopment and revitalization
of tracts that either will or have undergone remediation pursuant
to the Pennsylvania Land Recycling and Environmental Remediation Standards
Act, 35 P.S. § 6026.101 et seq., or successor legislation,
for single-family attached dwellings and townhouses.
B.
Permitted uses. Uses permitted by right, as special exceptions, and as conditional uses in the RRD Residential Revitalization District in accordance with § 200-19.
D.
Parking. The off-street parking space requirements of § 200-70 shall not apply to the RRD District. The following off-street parking space requirements shall apply to the RRD District:
|
Structure or Use
|
Spaces Required
| |
|---|---|---|
|
Single-family attached dwelling, townhouse, stacked townhouse
|
2.0 per dwelling unit
|
E.
Where the Board of Supervisors has approved development plans in the RRD Residential Revitalization District for a tract meeting the requirements stated herein, individual units, buildings, or parcels of land within the approved RRD Residential Revitalization District development may be subdivided, leased, purchased, sold, mortgaged, and developed as individual zero lot line units or as individual parcels containing multiple dwelling units without meeting the development standards of § 200-20; provided, however, that the development plan for the entire tract shall at all times remain compliant with the tract development standards applicable to the RRD Residential Revitalization District.
A.
Cluster development, intent. The intent of this section
is to establish standards and criteria that permit the clustering
of homes on reduced-sized lots in the R-1, R-2, and R-3 Residential
Districts, in return for the permanent preservation of usable and/or
environmentally sensitive open space. Furthermore, it is the intent
of this section to encourage the following objectives:
(1)
Permit a more attractive, varied arrangement of dwelling
units and open space on a particular tract and encourage the preservation
of views of open land.
(2)
Allow specific parcels of land to be developed more
efficiently and economically, and with greater environmental sensitivity,
than is possible under standard lot-by-lot zoning.
(3)
Preserve natural features such as tree masses, stream
valleys, woodlands, scenic vistas, and other natural features that
are appropriate for park, recreation, and/or other open space purposes.
(4)
Preserve and enhance the character and integrity of
historically and architecturally significant structures and their
settings.
(5)
Enable the creation and maintenance of open space
in order to accomplish the above-stated objectives.
(6)
Allow for a reasonable amount of development while
providing maximum design and planning flexibility in order to accomplish
the above-stated objectives.
B.
Eligibility/prerequisites for cluster development.
Development may be undertaken under the provisions of this section
on sites meeting the following criteria:
(1)
Tract location. The land shall be located in the R-1,
R-2, or R-3 Residential Districts.
(2)
Tract size. Minimum tract sizes shall be subject to the underlying district designations and according to the schedules outlined in § 200-20.
(3)
Open space provision/suitability. At least 30% of the gross area of the tract must be suitable for use as open space, in conformance with the standards of § 200-18 and shall be permanently reserved for open space uses.
(4)
Sewer and water facilities. All cluster development
shall be served by central water facilities and public sanitary sewers
or other centralized facilities acceptable to the Board of Supervisors
and subject to the approval of the Pennsylvania Department of Environmental
Protection or its successor agency and the appropriate servicing authority.
(5)
Ownership. The tract of land to be developed shall
be in one ownership, or shall be the subject of an application filed
jointly by owners of the entire tract, and it shall be agreed that
the tract will be developed under single direction in accordance with
an approved plan.
(6)
Development plan. The application for development
shall be accompanied by a master plan, or plans, showing the detailed
use of the entire tract. The plan shall clearly designate the proposed
use(s) and building and facility locations of each area of the tract.
The plan shall be in conformance with the East Whiteland Township
Subdivision and Land Development Ordinance.[1]
(7)
Development stages and permits. The development of
a tract carried out in either a single phase or in stages shall be
executed in accordance with a development agreement. The owner, developer,
and Township shall enter into the agreement embodying all details
regarding compliance with this section to assure the binding nature
thereof for the overall tract and its development. The agreement shall
be recorded with the final development plan.
(8)
Subdivision of tract. The subdivision of the tract
into lots may occur only for financial purposes and not so as to permit
individual lots to be treated as independent parcels for separate
land development at a future time. Subdivision of the tract may occur
only when deed restrictions are executed and recorded that maintain
the lots as an integral part of the total tract land development.
C.
Use regulations. A building may be erected, altered,
or used and a lot may be used or occupied for any of the following
purposes, and no other:
(2)
Open space and recreation areas, including indoor
recreation facilities, community facilities or similar uses, provided
they are intended for the prospective residents of the development
or in public not-for-profit neighborhood or municipal facilities.
(3)
Accessory uses normally allowed in a residential district
and permitted in the R-1, R-2, or R-3 Residential Districts.
(4)
Uses authorized by special exception in R-1, R-2 or
R-3 Residential Districts.
D.
Density regulations. The total number of dwelling units per developable acre shall not exceed the maximums indicated in the schedules outlined in § 200-20. The maximum density for a tract of land determined by this method shall supersede any lot area regulations that may allow greater densities.
E.
Development standards. Development shall occur in conformance with standards as outlined in § 200-20.
G.
Permanent open space.
(1)
Permanent open space: design standards. Permanent open space shall be designed in accordance with the standards of § 200-18 of this article.
(2)
Permanent open space: offer of dedication. Open space
required as part of any cluster development shall be offered for dedication
to the Township, although the Township need not accept any such offers.
Home day-care for no more than six children
(excluding children living in the home and related to the caregiver
by blood, marriage, or legal adoption), located only in a single-family
detached dwelling in which the caregiver resides, shall be considered
a home occupation, when authorized as a special exception and subject
to the following additional requirements:
A.
The caregiver shall be registered or licensed by the
Commonwealth of Pennsylvania Department of Public Welfare Office of
Children, Youth and Families to provide child-care services in the
dwelling.
B.
The caregiver shall register yearly with the Township
and pay an annual registration fee in accordance with a fee schedule
adopted by resolution of the Board of Supervisors as shall be determined
from time to time by the Board of Supervisors.
C.
There shall be no structural change to the exterior
of the single-family detached dwelling to accommodate the day-care
use.
D.
There shall be a minimum of 40 square feet of floor
space per child, inclusive of space occupied by furniture and equipment
but exclusive of closets, halls, bathrooms, kitchens, and related
areas, which shall be on the first floor of the single-family detached
dwelling.
E.
A minimum of 100 square feet of outdoor space per
child shall be available on the same lot.
F.
The normal hours of operation shall commence no earlier
than 7:00 a.m. and shall finish no later than 8:00 p.m.
G.
A driveway shall be provided to allow off-street pickup
and drop-off of children.
H.
No home day-care use shall be permitted within 750
feet of any other home day-care use.
A.
No-impact home-based businesses. No-impact home-based
businesses, as defined in this chapter, are permitted by right in
all residential districts and in dwellings in all mixed use districts.
B.
Standards applicable to professional services home
occupations and general home occupations. All home occupation uses
not qualifying as no-impact home-based businesses, as defined in this
chapter, are permitted by special exception, subject to the following
conditions:
(3)
No goods shall be publicly displayed.
(4)
The use shall be carried on entirely within a dwelling
unit or a building accessory thereto, and only one such home occupation
use shall be permitted within one dwelling unit.
[Amended 11-14-2007 by Ord. No. 201-2007]
(5)
No oversized vehicles shall be associated with the
use.
(6)
No sales of goods shall be made from the premises.
(7)
The use shall not produce high levels of vehicular
traffic, or noise, odors, air pollution, or glare.
(8)
The residential character of the premises and the
neighborhood shall be maintained.
(9)
A maximum of two persons not permanent residents of
the dwelling unit may be employed in the use.
[Added 11-14-2007 by Ord. No. 201-2007]
(10)
No more than 25% of the gross floor area of
the dwelling may be used for the use.
[Added 11-14-2007 by Ord. No. 201-2007]
[Added 8-14-2019 by Ord.
No. 317-2019]
A.
An in-law suite shall be permitted in single-family detached dwellings.
B.
The in-law suite shall be a maximum of 40% of the size of the primary
residence and no larger than 1,000 square feet.
C.
The owner(s) of the residence in which the in-law suite is created
shall occupy either the primary residence or the in-law suite.
D.
The occupants of the in-law suite shall be limited to two in number.
E.
The in-law suite shall be an integral part of the primary residence,
with an interior connection such that, upon the termination of its
use as an in-law suite, the rooms may be incorporated back into the
original single-family residence.
F.
Additions. Additions to an existing single-family detached dwelling
designed to allow the creation of an in-law suite in that dwelling
shall be permitted, provided that yard and building coverage requirements
of this chapter are maintained and the addition will facilitate the
creation of an otherwise allowed in-law suite in a logical manner
considering design, layout and safety factors.
G.
Exterior alterations.
(1)
Alterations to the exterior of the existing dwelling, other than
those to improve the maintenance and attractiveness of the dwelling,
shall be minimized; after creation of the in-law suite, the building
shall maintain the usual appearance of a single-family detached dwelling
and shall remain compatible with the character of the surrounding
neighborhood.
(2)
The converted dwelling shall have no more than the existing
number of entrances along the front of the building. All other entrances
to either the principal or accessory dwelling units shall be located
on the side or rear of the building.
(3)
No new unenclosed exterior stairways shall be allowed on the
front of the converted dwelling.
(4)
Necessary changes in the number or placement of windows to provide
adequate light and air will be allowed, but shall be minimized; any
changes which occur must be done in a manner consistent with the architectural
character of the dwelling.
H.
Parking. A minimum of one all-weather off-street parking space, with
unrestricted ingress and egress to the street, shall be provided for
the in-law suite, in addition to that required for the original single-family
detached dwelling unit.
I.
Health and safety code requirements.
(1)
The single-family detached dwelling and the in-law suite shall
conform to all requirements of the applicable building, health, fire
and sanitary codes which regulate structural soundness, overcrowding,
fire protection, sewage disposal and water supply.
(2)
If an on-site sewer or water system is to be used, the applicant
shall submit evidence to the Zoning Officer showing that the total
number of occupants in the single-family detached dwelling and the
in-law suite will not exceed the maximum capacities for which the
original single-family detached dwelling was designed, unless those
systems are to be expanded, in which case the expansion approvals
are to be submitted. Any connection to or addition to an existing
on site sewer system shall be subject to the review and approval of
the Sewage Enforcement Officer.
J.
Recording. The owner of the property shall execute an agreement with
the Township which shall be recorded with the County Recorder of Deeds
and shall set forth the limitations in this section as to the use
and occupancy of the in-law suite. Such an agreement shall be subject
to review by the Township Solicitor prior to recording.
