Township of Upper Uwchlan, PA
Chester County
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Table of Contents
Table of Contents

§ 200-62 Accessory use regulations.

Accessory uses authorized in this chapter shall include the following, and uses of the same general character:
A. 
Accessory use to agriculture. The keeping of livestock, poultry or fish, but only in such quantities and to such extent as are customarily incidental to the principal use in accordance with §§ 200-67 and 200-67.1 of this chapter.
[Amended 6-19-2017 by Ord. No. 2017-02]
B. 
Uses accessory to single-family dwelling.
(1) 
Detached private garage, private parking space, private stables, barn, shed, shelter for pets owned by the property owner, swimming pool, bath house, private greenhouse, and quarters for guests and for servants or tenants, employed on the premises; provided, however, that where such quarters are within a building detached and separate from the principal dwelling, there shall be a minimum lot area equal to the product of the minimum lot area of the district multiplied by the number of separate housekeeping units on the lot; and further provided that the rental or leasing of any of such quarters shall not be permitted.
(2) 
No commercial vehicle, or part thereof or combination thereof, having a registered gross weight, either solely or in combination exceeding 8,000 pounds, or which is in excess of 18 feet in length, shall be parked, stored or maintained on any street, road right-of-way, lot or within any building or structure in any residential district established in § 200-8 of this chapter, except a construction vehicle or vehicles owned by a contractor or other tradesman temporarily engaged in the performance of actual work or delivery of materials to any such street, road right-of-way, lot, building or structure. The proper maintenance and storage of farm equipment, horse vans, boats, recreation vehicles or a motor home, a recreational trailer or a farm truck, as the latter terms are defined in the Pennsylvania Vehicle Code, on a lot owned or occupied by the owner of such equipment or vehicle, shall not be deemed to be prohibited by this section. For the purposes of this section, the term "registered gross weight" shall have the meaning ascribed to it in the definitions section of the Pennsylvania Vehicle Code.
(3) 
The keeping of animals, exclusive of customary household pets and domesticated chickens when in accordance with § 200-67.1, shall not be permitted except on property qualifying for agricultural use in accordance with § 200-67 of this chapter, with the following exception: The keeping of not more than four horses shall be permitted on lots of three acres or more. An additional one acre per horse shall be required for each additional horse over four.
[Amended 6-19-2017 by Ord. No. 2017-02]
(4) 
Home occupations and no-impact home-based businesses.
(a) 
Home occupations, when authorized as a special exception, such as a professional office or studio of a teacher, artist, architect, musician, engineer, accountant, consultant, manufacturer's agent or sales representative, or practitioner of a similar character, or rooms for home occupations, or handicrafts, day-care, or for teaching not more than four pupils at one time, provided that:
[1] 
Office, studio or rooms are located in a dwelling in which the practitioner resides, or are in a building accessory thereto.
[2] 
No goods are publicly displayed on the premises.
[3] 
Not more than 20% of the habitable floor area shall be used for any such occupation, but in no case more than 500 square feet.
[4] 
This subsection shall not be construed to authorize the practice of said profession or occupation on the premises by persons not actually residing thereon, except that not more than one assistant shall be permitted who may not reside on the premises.
[5] 
Such profession or occupation shall not involve the regular presence of parking or commercial vehicles on the lot, nor deliveries of commercial carriers.
[6] 
Such profession or occupation shall not result in the parking of any vehicle on any street or highway.
[7] 
The exterior of the residence or accessory structure shall have an appearance no different than if there were no home occupation conducted inside.
[8] 
No offensive or disturbing noise, smoke, odor or other objectionable effects shall be noticeable at or beyond the lot line.
[9] 
When patrons are expected to drive to the use, a minimum of two and maximum of four off-street parking spaces shall be required on the lot in addition to those required for the residential dwelling.
(b) 
No-impact home based businesses, as defined pursuant to the Pennsylvania Municipalities Planning Code, shall be permitted in all residential zones of Upper Uwchlan Township as a use permitted by right, provided that said uses meet the definitional and design standards set forth in the Pennsylvania Municipalities Planning Code.
[Added 1-17-2006 by Ord. No. 06-01]
(5) 
The following standards shall apply to the operation of any bed-and-breakfast facility permitted by this chapter:
(a) 
A bed-and-breakfast facility shall be permitted only in single-family detached, owner-occupied dwellings containing a minimum of 3,500 habitable square feet.
(b) 
The principal use of the property shall remain that of a single-family residential dwelling.
(c) 
No more than four guest rooms may be offered on any individual residential property.
(d) 
There shall be provided one full bathroom (one toilet, wash basin, bath/shower) for each two guest rooms.
(e) 
The length of stay shall be not more than two uninterrupted days for any guest.
(f) 
Meals shall consist of breakfast only and only for the guests of the establishment. Owners shall comply with all federal, state, and local requirements for the preparation, handling and serving of food.
(g) 
Any amenities (swimming pool, tennis court, etc.) shall be solely for the use of the resident owner and bed-and-breakfast guest.
(h) 
The owner shall maintain a current guest registration.
(i) 
Area and bulk standards shall be those that apply to single-family detached dwellings within the applicable zoning district.
(j) 
One on-site parking space shall be provided per guest room and shall not be located in any required yard area.
(k) 
One sign shall be permitted in association with a bed-and-breakfast operation. Any such sign shall be in conformance with the most restrictive standards stipulated for signs in the applicable zoning district in Article XVI of this chapter.
[Amended 12-15-2003 by Ord. No. 03-05]
(l) 
Each bed-and-breakfast facility shall be equipped at minimum with one smoke detector and one fire extinguisher. Guests shall be provided with floor plans of the dwelling for emergency exits.
C. 
Uses accessory to multifamily dwellings. Recreation facilities, designed for the use of tenants and their guests, such as swimming pools, tennis and badminton courts, swings, see-saws, slides, pitch-and-putt golf course, and recreational activities similar to the foregoing, when made an integral part of the project design and shown on the development plan reviewed by the Planning Commission and approved by the Supervisors.
D. 
Uses accessory to public park, customary recreational, refreshment and service uses and buildings in any public park, reservation, and playground or other recreational area.
E. 
Uses accessory to commercial activities. In all Commercial Districts there shall not be outdoor warehousing, and only such merchandise which can be returned indoors may be displayed during business hours in an area not exceeding 20% of the indoor display area, provided that automobiles, farm machinery and implements, busses and the like may remain out of doors at all times.
F. 
Uses accessory to industrial activities. Caretaker quarters, and customary storage of raw materials and the warehousing of finished products within a principal or accessory building, lunch room facilities for the exclusive use of employees, and outdoor storage.
G. 
Microwave antennas. The following regulations shall apply:
[Amended 7-7-1997 by Ord. No. 97-05]
(1) 
Limitation in number. Only one microwave antenna shall be permitted per lot; except retail sales of microwave antennas for permanent display purposes, and provided further that such display shall be in accordance with the required setback provisions of the applicable commercial district. The microwave antenna shall be considered as a permissible accessory use, subject to the rules and regulations of the section, in all zoning districts.
(2) 
Size permitted.
(a) 
The maximum diameter of the microwave antenna shall not exceed 10 feet if ground mounted.
(b) 
When separately supported, the total height of the microwave antenna shall not exceed 12 feet.
(c) 
When roof-mounted, the maximum diameter of the microwave antenna shall not exceed four feet.
(3) 
Location and mountings.
(a) 
Ground microwave antennas shall be located only in the rear yard or in the side yard not extending beyond the building setback, and adhere to all setback requirements of the applicable district.
(b) 
Ground-mounted microwave antennas shall be secured by a foundation approved by the Township Engineer.
(c) 
When roof-mounted, the microwave antenna shall be located on a portion of the roof sloping away from the front of the lot, and no part thereof shall project above the roof ridge line.
(4) 
General regulations.
(a) 
No microwave antenna may be erected in any district or in location within a district which is prohibited by regulations of the Federal Communication Commission or other regulatory agency having jurisdiction. The burden to show compliance shall be on the applicant and shall be stated in the permit application.
(b) 
Microwave antennas shall be properly enclosed and installed to resist a minimum wind load of 30 pounds per square foot of projected horizontal area. Supports, anchors and foundations shall force into account overturning improvements and forces created by wind loading.
(c) 
This section shall in no event be construed to permit as a permissible accessory use a microwave antenna for satellite communication used or intended to be used for the propagation of radio, micro or electromagnetic waves. The use of a microwave antenna for transmission shall be permitted only by special exception within the LI and PI Districts, subject to the provisions of Article XX.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(d) 
No microwave antenna installation shall be permitted in any parking lot or parking area.
(5) 
Permit procedure. Before erection of any microwave antenna, a permit application shall be made to the Township, a permit issued and a fee paid, the amount of which shall be set from time to time by resolution of the Township Supervisors. All applications for a microwave antenna permit shall be made to the Zoning Officer in writing on a form furnished by the Township and shall be accompanied by plans, in duplicate and to scale, showing:
(a) 
For ground-mounted microwave antennas:
[1] 
The dimensions of the lot and location of the buildings thereon.
[2] 
Details of all microwave antenna anchors, supports and foundations the exact size of the antenna, including dish and the exact proposed location of the microwave antenna on the lot.
[3] 
When microwave antennas are attached to an existing structure, details will be distributed to the existing structure.
(b) 
For roof-mounted microwave antennas:
[1] 
Design wind load on each anchor and allowable wind load on each anchor.
[2] 
Forces on foundation, including live load and dead load.
[3] 
Strength and allowable stresses of cables, rods or braces and the actual force and allowable force for each cable, rod and brace.
[4] 
Details of all microwave anchors and supports, the exact size of the antenna and proposed location of the microwave antenna.
(c) 
If the manufacturer's specifications submitted with the application specify the installation criteria for Subsection G(5)(b)[1] to [3], they shall be made part of the plan and separate calculations shall not be required.

§ 200-63 Conversion of dwellings.

The following provisions shall apply to the conversion of a single-family dwelling to a dwelling containing a greater number of dwelling units, when permitted by special exception:
A. 
Site and architectural plans for the conversion of said dwelling shall be submitted to the Zoning Hearing Board, together with an application for a special exception. If two or more families are to be housed above the ground floor, such plans shall bear the approval of the Pennsylvania Department of Labor and Industry as required by law.
B. 
Such plans shall provide adequate and suitable parking or storage space for at least two automobiles per dwelling unit.
C. 
The yard and building area requirements for the district in which the dwelling is located shall continue to apply to each dwelling unit. There shall be no increase in density than that permitted by the applicable zoning district for the conversion of dwellings.
D. 
There shall be no external alterations of the building except as may be necessary for reason of safety; fire escape and outside stairways shall, where practical, be located to the side or rear of the building.
E. 
Each resulting dwelling unit shall have a minimum floor area of 800 square feet.
F. 
Where public sewage disposal is not utilized, the applicant shall submit to the Township a permit for an on-site sewage disposal system issued by the Chester County Health Department, certifying the sewage disposal facilities are adequate for the projected number of residents.

§ 200-64 Day-care centers.

The following standards shall apply to all day-care centers, whether permitted by right or by conditional use:
A. 
The minimum lot area for each child shall be 1,000 square feet, but no lot containing a day-care center shall be less than 30,000 square feet.
B. 
There shall be an indoor play area of 50 square feet per child and an outdoor play area of 75 square feet per child provided.
C. 
The outdoor play area shall be fenced on all sides and shall not include driveways, parking areas or land unsuited by other uses or natural features for children's active play area. Fencing shall be a minimum height of four feet.
D. 
Off-street parking spaces in accordance with § 200-73E. An area for the discharge and pick-up of children shall be provided which is removed from both the parking and ingress/egress for the site.
E. 
The facility shall be licensed by the applicable departments of the State of Pennsylvania and their regulations.

§ 200-65 Group homes.

A. 
In order to prevent the creation of a de factor social service district or concentration of group home facilities and to avoid impacting a neighborhood by a higher concentration of these facilities, the following regulations shall apply:
(1) 
No more than one group home and a total of three persons residing in these facilities shall be permitted within a 1/2 mile radius from another group home.
(2) 
No additional group home shall be established which would increase the number of persons living in such facilities beyond 3% of the total number of persons living within the square mile surrounding the applicant facility.
B. 
Group homes may have no more than three residents per facility.
C. 
The minimum lot size for a group home shall remain the same as that permitted by the zoning district.
D. 
There shall be a minimum habitable floor area of 2,000 square feet for the residents of a group home.
E. 
Each group home must receive all pertinent approvals and/or licenses from the appropriate state or county agencies prior to special exception approval.
F. 
There shall be a minimum of four off-street parking spaces per group home. All parking areas for more than five vehicles shall be screened in accordance with § 200-77 of this chapter.

§ 200-66 Nursing and convalescent homes.

Nursing homes or convalescent homes and other similar institutional uses shall be subject to the provisions of § 200-116 and the following regulations:
A. 
The minimum tract size shall be 10 acres.
B. 
The intensity of use shall not exceed five beds per acre, including patient beds and on-site living accommodations for staff persons. Centralized sewer and public water are required.
C. 
Not less than 30% of the total area of the tract shall be designated as and used exclusively for open space.
D. 
There shall be a minimum setback of 100 feet around the entire perimeter of the tract in which no buildings or structures shall be situated and in which screening per § 200-77 of this chapter shall be located.
E. 
The tract of land on which the use is conducted shall, in its entirety, be owned and operated as a single or common management and maintenance unit.
F. 
The proposed use shall obtain all applicable state and/or federal permits, licenses, and certificates of need.

§ 200-67 Agricultural land uses.

The following regulations shall apply in all districts in which agriculture is permitted:
A. 
Standards.
(1) 
Gardening, incidental to residential uses, shall be permitted without restriction.
(2) 
To qualify as an agricultural use, the minimum lot size shall be 10 acres.
(3) 
Except for a dwelling, no farm building or structure shall be constructed closer than 75 feet to a front property line nor closer than 100 feet to a side or rear property line.
(4) 
No dwelling shall be constructed closer to any abutting property than permitted by the setbacks of the applicable zoning district.
(5) 
Silos and bulk bins shall be exempted from area and bulk regulations when attached to an existing building.
(6) 
The storage or stockpiling of manure or other odor or dust producing substance shall not be permitted within 100 feet of any lot boundary or watercourse.
(7) 
All grazing and pasture areas shall be fenced.
(8) 
The keeping of animals, exclusive of customary household pets and domesticated chickens when in accordance with § 200-67.1, shall not be permitted, except on property qualifying for agricultural use in accordance with the provisions of this section with the following exception: The keeping of not more than four horses shall be permitted on lots of three acres or more. An additional one acre per horse shall be required for each additional horse over four.
[Amended 6-19-2017 by Ord. No. 2017-02]
(9) 
Slaughtering operations for commercial purposes, when authorized by the Zoning Hearing Board as a special exception, shall be permitted only within commercial and industrial districts on lots of not less than five acres.
B. 
Sale of farm products. The display and sale of farm products shall be permitted, provided that:
(1) 
All such products displayed for sale shall be produced on the agricultural land contiguous to said building.
(2) 
Sale of farm products shall be conducted from a portable stand, dismounted at the end of the growing season, under the following conditions:
(a) 
Such stand shall be located at least 75 feet from the street line.
(b) 
Parking spaces shall be located behind the street line at a rate of one parking space for every 100 square feet of sales space, but not less than three spaces shall be provided.

§ 200-67.1 Keeping of domesticated chickens.

[Added 6-19-2017 by Ord. No. 2017-02]
A. 
Purpose. The purpose of this section is to provide standards for the keeping of domesticated chickens. It is intended to enable residents of single-family dwellings to keep a small number of female chickens on a noncommercial basis while limiting the potential adverse impacts on the surrounding properties.
B. 
Standards for keeping domesticated chickens.
(1) 
Domesticated female chickens shall be allowed on lots with single-family dwellings in all residential zoning districts.
(2) 
The maximum number of chickens permitted on a lot with a single-family dwelling shall be determined based on the zoning district and lot size as set forth below:
Zoning District
Minimum Lot Size
Maximum Number of Chickens
R-1 Residential
2 acres
10
R-2 Residential
1 acre
8
R-3 Residential
30,000 square feet
6
22,000 square feet
4
18,000 square feet
3
R-4 Residential
30,000 square feet
6
22,000 square feet
4
18,000 square feet
3
(3) 
Roosters are prohibited.
(4) 
All chickens must be maintained in an enclosed shelter which has a roof or overhead covering and which may only be located in a fenced-in area. The fence must be a minimum of four feet and a maximum of six feet in height.
(5) 
It shall be unlawful for the owner of chickens to allow the same to run at large upon any public land, including, but not limited to, sidewalks, streets, roads, alleys, parks, or upon another person's private property.
(6) 
All enclosures and structures must meet all applicable zoning requirements. A zoning permit shall be required for the construction of any enclosure that is less than 200 square feet. A building permit shall be required for the construction of any enclosure that is 200 square feet or greater.
(7) 
All owners of chickens must maintain sanitary living conditions for the chickens so that the keeping of chickens does not become a public or private nuisance. Owners shall not allow feces from the chickens to accumulate on the owner's land such that it becomes a nuisance caused by odors.
(8) 
All chicken feed must be stored in rodent-proof closed containers.

§ 200-68 Recreational land use.

A. 
Permitted uses.
(1) 
Nonprofit facilities, including but not limited to parks, playfield, playground, arboretum, conservation area, wildlife sanctuary, winter sport, swimming pool, boating, horseback riding, fishing, foot, bicycle and bridle path, picnic area, tennis and other racquet game court or any similar use characteristically identified with open space areas, and of a noncommercial nature, but in accordance with the following development standards:
(a) 
Impervious cover for the use shall not exceed 15% of the lot area, including pedestrian or bicycle paths.
(b) 
Any improvements such as a building or structure, excluding impervious cover, foot or bicycle paths and unnecessary accessways, shall be no closer than 100 feet to any lot boundary.
(2) 
Any of the following uses when permitted by the Zoning Hearing Board as a special exception as provided in Article XX.
(a) 
Golf course.
(b) 
Campground or recreational vehicle park (excluding mobile home) subject to the standards of § 200-68D.
(c) 
Auxiliary uses customarily incidental to operation of the uses in Subsection A(2)(a) and (b), above, including a snack bar without table service, locker room, management headquarters, residence, nursery and day-care center, excluding restaurant.
B. 
Development standards. Any use permitted in Subsection A shall comply with the following:
(1) 
Development plans for any use under this section shall be subject to review and approval by the Township.
(2) 
Minimum lot size shall be five acres.
(3) 
Any structure, building, parking, storage, loading or paved areas, excluding foot and bicycle paths, and other than necessary accessways to a public street, shall not be located closer than 100 feet to any lot line, and shall be buffered from dwellings in accordance with § 200-77 if located within or abutting a residential district.
(4) 
If practical, vehicular access for the use shall not be from any local street in a residential district or residential development.
(5) 
Auxiliary uses shall be restricted in their use to employees, patrons, members and guests of the principal use. Such establishments shall present no visible evidence from any public street of their commercial character which would attract persons other than employees, patrons, members and guests.
C. 
No activity which utilizes a vehicle motorized by an internal combustion engine shall be permitted.
D. 
Campground or recreational vehicle park standards.
(1) 
Minimum tract size shall be five acres and there shall be a maximum tract density of 15 campsites per acre.
(2) 
Campsite requirements.
(a) 
There shall be a 2,000 square foot area provided for each campsite.
(b) 
No campsite shall be located closer than 40 feet to any property line.
(c) 
Each campsite shall contain a vehicular parking pad, a minimum of 10 feet wide and 20 feet long, surfaced with gravel, paving or other suitable stabilized material.
(d) 
No part of a recreational vehicle or other unit placed on a campsite shall be closer than 10 feet to a campsite boundary.
(e) 
Campsites shall abut internal streets to provide convenient vehicular ingress and egress. No campsite shall direct vehicular access onto a public street.
(3) 
Accessory uses, such as management headquarters, recreational facilities, and other uses and structures customarily incidental to operation of a campground are permitted, provided:
(a) 
Such establishments and the parking areas primarily related to their operation shall not occupy more than 8% of the campground tract.
(b) 
Such establishments shall be restricted in their use to occupants of the campground.
(c) 
Such establishments shall present no visible evidence from any public street of their commercial character which would attract customers other than occupants of the campgrounds.
(d) 
The structure having such facilities shall not be located closer than 100 feet to any property line, and shall not be directly accessible from any public street, but shall be accessible only from a street within the campground.
(4) 
Vehicular access.
(a) 
All campgrounds shall be provided safe and convenient access from an improved public street. Streets within campgrounds shall be private, and street cartway width shall be a minimum of 14 feet for one-way circulation, and 20 feet for two-way circulation. No parking shall be permitted on the street cartway.
(b) 
Streets shall be constructed with a stabilized cartway and maintained in good repair.
(c) 
A campground shall be so located that no entrance or exit from a park shall discharge traffic onto any minor public streets.
(d) 
Entrances and exits to the campground shall be located not closer than 150 feet from the intersection of public streets.
(5) 
At least 1 1/2 parking spaces shall be provided in the campground for each campsite. At least one parking space shall be provided on each campsite. Off-street parking may be provided in common parking areas.
(6) 
Other regulations.
(a) 
No permanent external appurtenances such as carports or patios may be attached to any recreational vehicle or other vehicle accommodation parked within a campground, and the removal of wheels and placement of the unit on a foundation in such campground is prohibited.
(b) 
The campground tract boundary shall be screened in accordance with § 200-77.
(c) 
Signage shall be in accordance with Article XVI.
(d) 
Lighting shall be in accordance with § 200-79.

§ 200-69 Criteria for common and/or restricted open space.

[Amended 10-6-1997 by Ord. No. 97-07; 12-17-2001 by Ord. No. 01-14]
A. 
Purpose. The purposes of this section are:
(1) 
To provide locational criteria for the designation of open space areas in order to accomplish the following:
(a) 
To promote conservation of unique and sensitive landscapes and site features;
(b) 
To protect scenic vistas and historical landscapes from encroachment by development;
(c) 
To retain meaningful open space areas within residential development;
(d) 
To enhance opportunities for recreational activities;
(e) 
To enable efficient and cost-effective provision for wastewater disposal;
(2) 
To provide standards for ownership and management of open space areas which are sustainable on a long-term basis;
(3) 
To promote achievement of the aims and objectives of the Upper Uwchlan Township Comprehensive Plan relative to the enhancement of environmental resources.
(4) 
To support the specific objectives of the Upper Uwchlan Township Open Space, Recreational and Environmental Resources Plan.
B. 
Applicability. The criteria set forth in this section shall apply to any common open space and/or any restricted open space required under applicable provisions of this chapter (i.e., multifamily development, mobile home park development, planned residential development, and flexible/open space development). For the purposes of this chapter, common open space shall be considered a subset of restricted open space, as defined in § 200-7.
C. 
Resource protection standards for restricted open space.
(1) 
The location, shape, size and character of the restricted open space should take into consideration the natural features and physical characteristics of the site. Where applicable, the applicant shall comply with the specific objectives of the Upper Uwchlan Township Open Space, Recreation, and Environmental Resources Plan and the Township Comprehensive Plan.
(2) 
The applicant shall demonstrate conservation of scenic views from public roads and neighboring residential properties to the greatest degree practicable, and shall screen proposed development from view through introduction of landscape material and/or by taking advantage of the location of existing vegetation, structures, or changes in topography.
(3) 
Land within the Flood Hazard District shall comply with the terms of Article XIII of this chapter.
(4) 
Land within areas of steep slopes shall comply with the terms of § 200-107 of this chapter.
(5) 
The applicant shall demonstrate compliance with applicable state and/or federal regulation of streams and wetlands. For any proposed activity requiring the submission of a wetland delineation report, stream or wetland encroachment permit, or mitigation plan to the Pennsylvania Department of Environmental Protection (DEP) and/or U.S. Army Corps of Engineers or successor agencies, a copy of all such documentation shall be submitted to the Township.
(6) 
Tree masses, treelines, hedgerows, fencelines, rock outcroppings and other noted landscape features shall be inventoried in accordance with the site analysis requirements of § 162-9D of Chapter 162, Subdivision and Land Development. Outside of tree masses, treelines, hedgerows, individual freestanding trees over six inches diameter at breast height and native flowering trees and shrubs also shall be inventoried. Inventoried landscape features shall be preserved to the greatest degree practicable. Removal or disturbance of such landscape features shall not occur on more than 35% of the total area they occupy, except where the Board of Supervisors is satisfied overall community planning and open space resource protection objectives are best served through allowance for additional disturbance.
D. 
General standards for open space designation.
(1) 
Areas designated as restricted open space shall be consistent with the Upper Uwchlan Township Open Space, Recreation, and Environmental Resources Plan. The location and layout of restricted open space shall be configured so as to promote adherence to the resource protection standards above, and shall further conform to the following conditions:
(a) 
To ensure that a significant portion of the restricted open space is potentially usable for a variety of permitted open space purposes, a portion of the minimum required restricted open space equal in area to no less than 15% of the gross tract area shall fully exclude areas comprised of structures or other impervious surfaces permitted within the open space as set forth herein, designated flood hazard districts, wetlands, slopes in excess of 25%, and lands utilized for sewage treatment or disposal or storm water management, except where, at the discretion of the Board of Supervisors, stormwater management facilities are included within the minimum required restricted open space in accordance with Subsection D(1)(b)[4] below.
[Amended 9-19-2016 by Ord. No. 2016-08]
(b) 
Restricted open space which meets any of the following criteria shall not be measured as contributing to the minimum required restricted open space area nor shall be utilized in calculation of any density bonus:
[1] 
Any area within 25 feet of any structure except structures devoted to permitted open space uses.
[2] 
Any area of restricted open space extending less than 100 feet in the narrowest dimension at any point;
[3] 
Any area occupied or intended to be occupied by roads, parking lots, or other impervious surfaces, except structures devoted to permitted open space uses and provided for in approved open space management plan(s).
[4] 
Stormwater management.
[a] 
Any area comprised of stormwater management facilities. At the discretion of the Board of Supervisors, areas devoted to stormwater management facilities may be included within the minimum required restricted open space area where applicant can demonstrate to the satisfaction of the Board that such facilities are designed to:
[i] 
Promote recharge of the groundwater system;
[ii] 
Be available and appropriate for active or passive recreational use or scenic enjoyment; and
[iii] 
Otherwise conform to the purposes, standards, and criteria for restricted open space set forth in this article.
[b] 
For example, a long low berm graded to reflect natural contour (where the maximum slope of earthen basin embankment exceeds three feet horizontal to one foot vertical) could be designed to:
[i] 
Blend into the scenic landscape;
[ii] 
Permit passive recreational use over the top of it; while
[iii] 
Providing a relatively large linear area for seepage of stormwater into the groundwater system.
(c) 
Subject to the provisions of measurement of minimum required restricted open space stipulated herein, sewage service, stormwater management, and/or water supply facilities may be located entirely or partially within restricted open space areas. Where sewage service and/or water supply facilities are so located, easements satisfactory to the Board of Supervisors shall be established to require and enable maintenance of such facilities by the appropriate parties.
(d) 
Areas set aside or utilized for public facilities such as school sites, tennis courts, clubhouses, community facilities and other structures designed and intended for public or community use may be included in the measurement of minimum required restricted open space.
(2) 
Areas designated as restricted open space may be used for any of the following:
(a) 
Crop or pasture land, subject to submission of conservation plan approved by the Chester County Conservation District;
(b) 
Woodland, meadow, wetland, wildlife habitat, game preserve, or similar conservation-oriented area;
(c) 
Public, common, or private park or outdoor recreation area excluding commercial recreation areas or facilities except where approved at the discretion of the Board of Supervisors;
(d) 
Sewage treatment lagoons and disposal of treated wastewater, where permitted in accordance with the Township Route 100 Sewage Facilities Study where applicable, and/or where the Board of Supervisors is satisfied that adequate provision(s) for the long-term management and maintenance of the wastewater system are guaranteed;
[Amended 9-19-2016 by Ord. No. 2016-08]
(e) 
Uses, including structures, clearly accessory to permitted restricted open space uses.
(3) 
Whenever practicable, restricted open space shall be designed as a contiguous area between residential areas, with pedestrians and visual access available to all residents of the development.
(4) 
Restricted open space shall be interconnected with restricted open space on abutting parcels wherever possible including, where appropriate, provisions for pedestrian pathways for general public use to create linked systems within the Township and to provide reasonable pedestrian access to all residential, recreational and commercial areas and other destinations within and adjacent to the proposed development.
(5) 
Where deemed appropriate by the Board of Supervisors, restricted open space shall be provided with sufficient perimeter parking, and with safe and convenient access by adjoining street frontage or other rights-of-way or easements capable of accommodating pedestrian, bicycle, and maintenance and vehicle traffic, and containing appropriate access improvements.
(6) 
At the discretion of the Board of Supervisors, a portion of the required restricted open space may be utilized to meet the requirements of § 162-54 of Chapter 162, Subdivision and Land Development, where all criteria of this section and said § 162-54 are met.
(7) 
Where development including required restricted open space is planned to occur in two or more development phases, a proportionate amount of required restricted open space shall be permanently recorded with each phase.
(8) 
Where applicable to restricted open space, design standards including, but not limited to those for parking, access, interior circulation, sewer and water systems, erosion and sedimentation control, stormwater management, landscaping and screening, storage, utilities, and lighting, shall comply with the applicable provisions of this chapter and Chapter 162, Subdivision and Land Development.
E. 
Standards for ownership of restricted open space. Except to provide for permitted uses, as provided in Subsection C(2), designated restricted open space shall be restricted from further subdivision or development by deed restriction, conservation easement, or other agreement in a form acceptable to the Township and duly recorded in the office of the Recorder of Deeds of Chester County. Required restricted open space may be owned by a homeowners or community association, a condominium association, the Township, a land trust or other conservation organization recognized by the Township, or by a similar entity, or may remain in private ownership.
(1) 
Offer of dedication.
(a) 
The Township may, but shall not be required, to accept dedication in the form of fee simple ownership of restricted open space, provided:
[1] 
Such restricted open space is accessible to the residents of the Township;
[2] 
There is no cost of acquisition other than any cost incidental to the transfer of ownership such as title insurance and recording fees; and
[3] 
The Township has access to maintain such restricted open space.
(b) 
Where the Township accepts dedication of restricted open space that contains improvements, the Board of Supervisors may require the posting of financial security to ensure structural integrity of said improvements as well as the functioning of said improvements for a term not to exceed 18 months from the date of acceptance of dedication. The amount of financial security shall not exceed 15% of the actual cost of installation of said improvements.
(2) 
Homeowners' or community association. The restricted open space land and associated facilities may be held in common ownership by a homeowners' or community association. The association shall be formed and operated under the following provisions:
(a) 
The association shall be established and operating prior to the settlement of the first home within the development.
(b) 
Membership in the association shall be mandatory for all purchasers of homes and their successors. The conditions and timing of transferring control of the association from developer to homeowners shall be in accordance with the Uniform Planned Community Act.
(c) 
The association shall be responsible for maintenance and insurance on any restricted open space which it shall own in common and/or as designated in the approved open space management plan, enforceable by a lien placed by the association. Maintenance obligations also may be enforced by the Township which may place liens on the lots to recover its cost to maintain the restricted open space for which the association is responsible.
(d) 
The members of the association shall share equitably the costs of maintaining such common land. Shares shall be defined within the association bylaws. Association dues shall be structured to provide for both annual operating costs and to cover projected long-range costs relating to the repair of any capital facilities (which shall be deposited in a sinking fund reserved for just such purposes).
(e) 
In the event of a proposed transfer of ownership of restricted open space in accordance with the association documents, or of the assumption of maintenance of such land by the Township, notice of such action shall be given to all owners within the development.
(f) 
Association documentation demonstrating compliance with these provisions shall be filed with the final subdivision and land development plans or final PRD plans, as applicable. At the time of tentative or preliminary plan submission, applicant shall provide draft association documentation with sufficient detail to demonstrate feasible compliance with this section.
(3) 
Condominium association.
(a) 
The restricted open space land and associated facilities may be owned in common through the use of a condominium form of ownership. Appropriate documentation shall be in conformance with the Uniform Condominium Act of 1980, as amended. Any restricted open space to be owned by the condominium association shall be owned as "common elements" or "limited common elements." To the degree applicable, condominium documentation shall comply with the provisions of Subsection D(2) above.
(b) 
Condominium documentation shall be filed with the final subdivision and land development plans or final PRD plans, as applicable. At the time of tentative or preliminary plan submission, applicant shall provide draft condominium documentation with sufficient detail to demonstrate feasible compliance with this section.
(4) 
Dedication of conservation easements. The Township may, but shall not be required to, accept easements for public use of any portion or portions of restricted open space where title is to remain in common ownership by condominium, community or homeowners' association, provided:
(a) 
Such land is accessible to Township residents;
(b) 
There is no costs of acquisition other than any costs incidental to the transfer of ownership, such as title insurance; and
(c) 
A satisfactory maintenance agreement is reached between the developer, condominium, community or homeowners' association and the Township.
(5) 
Transfer of conservation easements to a private conservation organization. With the permission of the Township, an owner may transfer easements to a private, nonprofit, organization recognized by the Township, among whose purpose it is to conserve open space or natural resources, provided that:
(a) 
The organization is acceptable to Board, and is a bona fide conservation organization with perpetual existence;
(b) 
The conveyance contains appropriate provision for proper reverter or retransfer in event that organization becomes unwilling or unable to continue carrying out its functions; and
(c) 
A maintenance agreement acceptable to the Board is entered into by the developer and the organization.
(6) 
Private ownership of restricted open space.
(a) 
Restricted open space may be retained in ownership by the applicant or may be transferred to other private parties subject to compliance with all standards and criteria for restricted open space herein.
(b) 
All or portions of the required restricted open space, where permitted by the Board of Supervisors, may be included within or divided among one or more of the individual lots. Where deemed appropriate, the Board of Supervisors may require that responsibility for maintenance of restricted open space be conferred upon and/or divided among the owners of one or more individual lots.
(7) 
Maintenance of restricted open space. In the event that the party designated or organization established to own and maintain restricted open space, or any successor organization, shall at any time after establishment of the development fail to maintain the restricted open space in reasonable order and condition in accordance with the approved open space management plan, the Township may serve written notice upon such organization or upon the residents of the development setting forth the manner in which the organization has failed to maintain the restricted open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof, and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. At such hearing the Township may modify the terms of an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof shall not be cured within said 30 days or any extension thereof, the Township, in order to preserve the taxable values of the properties within the development and to prevent the restricted open space from becoming a public nuisance, may enter upon said restricted open space and maintain the same for a period of one year. Said entry and maintenance shall not constitute a taking of said open space, nor vest in the public any rights to use the restricted open space except when the same is voluntarily dedicated to the public by the residents and owners. Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the restricted open space, call a public hearing upon notice to such organization or to the residents of the development, to be held by the Township, at which hearing such organization or the residents of the development shall show cause why such maintenance by the Township shall not, at the option of the Township, continue for a succeeding year. If the Township shall determine that such organization is ready and able to maintain said restricted open space in a reasonable condition, the Township shall cease to maintain restricted open space at the end of said year. If the Township shall determine that such organization is not ready and able to maintain said restricted open space in a reasonable condition, the Township may, in its discretion, continue to maintain said restricted open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter. The decision of the Township shall be subject to appeal to court in the same manner, and within the same time limitation, as is provided for zoning appeals by this chapter. The cost of such maintenance by the Township shall be assessed ratably against the properties within the development that have a right of enjoyment of the restricted open space and shall become a tax lien on said properties. The Township, at the time of entering upon said restricted open space for the purpose of maintenance, shall file a notice of such lien in the office of the Prothonotary of the county, upon the properties affected by such lien within the development.
F. 
Required open space management plan.
(1) 
Any application for tentative plan approval or for conditional use approval for development requiring restricted open space in accordance with this section shall contain a conceptual open space management plan providing for the long term management of the restricted open space which is to be created as part of the development. Such a plan shall include a discussion of (a) the manner in which the restricted open space will be owned and by whom it will be managed and maintained; (b) the specific conservation, land management and agricultural techniques and practices which will be used to conserve and perpetually protect the restricted open space, including, for example, sewage system management and/or stormwater management, where applicable, forest stewardship planning, anticipated mowing schedules, management of invasive vegetation, provision for introduction of landscape materials, trail maintenance, etc.; (c) the professional and personnel resources expected to be necessary in order to maintain and manage the property; (d) the nature and extent of public or private access that is planned for the restricted open space and the means by which such access shall be managed and/or controlled, as appropriate; and (e) the source(s) and approximate amounts of funding that will be available for such management, preservation and maintenance on a perpetual basis. The adequacy and feasibility of this conceptual management plan as well as its compatibility with the open space resource protection objectives of Subsection B shall be a factor in the approval or denial of the tentative plan or conditional use application by the Board of Supervisors.
(2) 
The conceptual open space management plan shall be transformed into a more detailed open space management plan and presented to the Township for review and approval with the preliminary subdivision and land development plan. The Board of Supervisors may require that the management plan be recorded, with the final subdivision and land development plans, in the office of the Recorder of Deeds of Chester County. In order to allow for the changing needs inherent in the perpetual management of land, the management plan shall contain a provision to the effect that it may be changed by written application to the Board of Supervisors, so long as the proposed change is feasible and consistent with the purposes of preservation of open space set forth in this section and so long as the plan for such change avoids a likelihood of the obligation for management and maintenance of the land falling upon the Township without the consent of the Board of Supervisors, and the approval of the Board of Supervisors in that regard shall not be unreasonably withheld or delayed.
G. 
Open space performance bond.
(1) 
All landscape improvements, plantings, accessways, and recreational facilities within designated restricted open space areas shall be provided by the developer as applicable. A performance bond or other securities shall be required to cover costs of all installation of proposed improvements within the restricted open space. The performance bond or other security shall be in the same form and adhere to the same conditions as otherwise required for proposed improvements under Chapter 162, Subdivision and Land Development.
(2) 
An appropriate portion of the performance bond or other security will be applied by the Township should the developer fail to install the plantings or recreational facilities required by the approved land development agreement.

§ 200-70 Shopping center standards.

The following standards and criteria shall govern the design and review procedures for the combination of two or more permitted uses, as defined in §§ 200-33 and 200-39 of this chapter:
A. 
General regulations.
(1) 
Ownership. The tract of land to be developed shall be in one ownership, or shall be the subject of application, filed jointly by the owners of the entire tract, and shall be under unified control. If ownership of the entire tract is held by more than one person or entity, the application shall identify and be filed on behalf of all the said owners. Approval of the plan shall be conditioned upon agreement by the applicant or applicants, that the tract shall be developed under single and separate ownership directly in accordance with the approved plan. If ownership of all, or any portion of the tract changes subject to approval of the plan, no site preparation or construction by such new owner or owners shall preview the terms and obligations of the approved plan and agree in writing to be bound thereby with respect to development of the tract.
(2) 
Sewer and water facilities. The tract of land shall be served by water and sanitary sewer facilities deemed applicable by the Board. Such facilities shall be designed and constructed in compliance with those sections regulating sewage disposal and water supply of Chapter 162, Subdivision and Land Development, and/or this chapter.
(3) 
Development plan. The application for development shall be accompanied by a plan or plans showing in detail the proposed uses, including but not limited to, the type of uses, location and square footage of buildings, parking and access, loading facilities, landscaping, screening, and lighting. The plan(s) shall cover the entire tract, regardless of any intended phasing of development.
(4) 
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 said agreement, embodying all details regarding compliance with this chapter to assure the binding nature thereof on the overall tract and its development, which agreement shall be recorded with the final development plan.
(5) 
Stormwater management. The control of erosion and sediment during construction, and the ongoing management of stormwater on the tract shall be accomplished in accordance with the applicable section of Chapter 162, Subdivision and Land Development.
(6) 
Covenants and restrictions. The language, terms and conditions of any proposed covenants or restrictions shall be subject to review and recommendation by the Township Solicitor.
B. 
Area and bulk regulations. The combined uses, buildings, structures and other improvements shall collectively comply with the area and bulk regulations under § 200-34 for shopping centers in the C-1 District and § 200-40 for shopping centers in the C-3 District.
C. 
Design standards.
(1) 
Parking shall be in accordance with § 200-73 of this chapter.
(2) 
Loading and unloading shall be in accordance with § 200-74 of this chapter.
(3) 
Access and traffic control shall be in accordance with § 200-75 of this chapter.
(4) 
Interior circulation shall be in accordance with § 200-76 of this chapter.
(5) 
Screening shall be in accordance with § 200-77 of this chapter.
(6) 
Landscaping shall be in accordance with § 200-78 of this chapter.
(7) 
Lighting shall be in accordance with § 200-79 of this chapter.
(8) 
Outdoor display and storage. All uses, excepting parking lots and gasoline sales, shall be completely enclosed within a building. No merchandise, goods, articles, or equipment shall be stored, displayed, or offered for sale outside any building except seasonal articles which are too large or otherwise infeasible to be stored indoors. Such articles shall be stored adjacent to the building housing the tenant selling the articles, and shall be enclosed by either walls or opaque fencing designed to be architecturally compatible with the building. Such enclosure shall be at least six feet high. Any such outdoor display area shall be considered sales floor area for purposes of computing building coverage and parking requirements.
(9) 
Architectural integrity. Any planned business center constructed pursuant to this section shall be designed as an architecturally integrated unit.
(a) 
Street furniture, lighting standards, signs, and other accessory items installed as part of a planned business center shall be of compatible materials, scale and design.
(b) 
Any building facade which faces a patron parking area, street or other space used or viewed by the public shall be provided with decorative facade treatment, architecturally integrated with all other building facades.
(c) 
Where requested by the Board, site models and/or three-dimensional graphic portrayals, providing a clear perspective of the relationship of the proposed development to the site and its visual impact on adjacent properties, shall be submitted as part of the conditional use application.
(10) 
Signs.
[Amended 12-15-2003 by Ord. No. 03-05]
(a) 
Only one freestanding sign shall be erected along each arterial or collector street fronting the property, unless the property meets the criteria established in § 200-98C(1) of this chapter. Such sign shall serve as a directory of uses on the lot.
(b) 
The total display area of a freestanding sign shall be in accordance with § 200-98C(2) of this chapter.
(c) 
Freestanding signs shall be located in conformance with the criteria prescribed in § 200-98C(3).
(d) 
No freestanding sign shall exceed that height prescribed in § 200-98C(4).
(e) 
Wall-mounted signs shall comply with the requirements of § 200-98D of this chapter.
(f) 
Projecting signs shall comply with the requirements of § 200-98E of this chapter.
D. 
Submission requirements associated with shopping center applications.
(1) 
Impact statements required by § 200-83.
(2) 
Application procedure required by § 200-116.

§ 200-71 Planned residential development.

[Added 10-6-1997 by Ord. No. 97-07; amended 12-17-2001 by Ord. No. 01-12]
A. 
Purpose. The purposes of this section are:
(1) 
To provide an opportunity for flexibility in lot designs and building arrangement not afforded by conventional lot-by-lot development;
(2) 
To provide for a more varied, innovative, and efficient development pattern without undue delay;
(3) 
To provide for unified and organized arrangement of various land uses and common open space, compatible with existing uses, architecture, landscapes and community character.
(4) 
To encourage conservation of unique and sensitive landscapes and site features including scenic vistas and historical resources;
(5) 
To retain and protect open space areas within residential development;
(6) 
To enable efficient and cost-effective provision of community facilities, including sewer and water services, highway improvements and recreational areas;
(7) 
To provide a means to attain the aims and objectives of the Upper Uwchlan Township Comprehensive Plan relative to orderly growth and the enhancement of environmental resources;
(8) 
To support the specific objectives of the Upper Uwchlan Township Open Space, Recreational and Environmental Resources Plan.
B. 
Standards and conditions for planned residential development.
(1) 
The following criteria must be satisfied before an application for planned residential development (PRD) may be considered:
(a) 
The tract(s) of land under application for PRD approval shall be under legal or equitable ownership of the applicant, shall comprise a minimum of 250 acres, and shall be located within the planned residential development (PRD) overlay district as indicated on the Zoning Map of Upper Uwchlan Township
(b) 
Centralized water and sewer service must be available or adequate evidence given that both can be provided to the applicant's property. Centralized water service shall be provided in accordance with Chapter 183, Article I, Public Water Supply. The applicant shall provide a community sewage treatment and disposal system consistent with existing physical, geographical and geological conditions and in accordance with Chapter 141, Sewers, Article I, Community On-Lot Sewage Disposal Systems (COLDS), where applicable, and the Upper Uwchlan Township Sewage Facilities (Act 537) Plan as may be amended from time to time. Both centralized sewer and water systems shall be operational at the time use and occupancy permits are issued.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(c) 
The applicant's property shall have frontage along the easterly side of Route 100.
(d) 
Any commercial component of the PRD shall be located to maximize direct access to a major collector or arterial road.
(e) 
Historically significant structures as designated by the Township Historical Commission shall be preserved unless the continued use or reuse of the structures is not feasible. Where any proposed PRD includes any historic resources included in the Chester County Historic Sites Survey of 1982, the Upper Uwchlan Township Historical Commission shall be provided copy of the Tentative Approval application and all relevant supporting documentation for review and comment to the Board of Supervisors during the sixty-day time period specified in Subsection G(1).
(f) 
The applicant's plan shall provide a right-of-way not less than 60 feet in width for the Route 100 Bypass Road consistent with the Transportation Plan/Study, PA, Route 100 Corridor dated January 1995 and revised September 1995.
(2) 
Uses permitted in a planned residential development shall be limited to the following:
(a) 
Single-family detached dwellings; single-family semidetached dwellings (twins); single-family attached dwellings (townhouses) and apartments.
(b) 
Those nonresidential uses permitted in the C-1 Village District or the C-3 Highway Commercial District, as set forth in this chapter.
[Amended 5-17-2004 by Ord. No. 04-02A]
(c) 
Common open space, in accordance with the provisions of § 200-69.
(d) 
Recreational facilities.
(3) 
Permitted uses shall comply with the following:
(a) 
The percentage and mix of dwellings shall be left to the discretion of the applicant, except that at least two housing types shall be provided, no one housing type shall comprise less than 10% of the total number of dwellings, single-family detached dwelling shall consist of a minimum of 25% of the total number of dwellings, single-family attached dwellings shall not exceed 35% of the total number of dwellings, the apartments shall not exceed 50% of the total number of dwellings and the single-family semidetached dwellings shall not exceed 25% of the total number of dwellings.
(b) 
Commercial uses shall not exceed 10% of the total land area of the planned residential development. At the discretion of the Board, lands devoted to commercial uses may be increased up to 15% of the total land area of the PRD.
(c) 
Not less than 35% of the gross acreage of the planned residential development shall be designated as common open space.
C. 
Area, bulk and density. The following area and bulk requirements shall apply to all residential uses permitted within a planned residential development:
(1) 
Single-family detached dwellings.
(a) 
Minimum lot area: 7,500 square feet.
(b) 
Minimum lot width: 75 feet.
(c) 
Front yard: 25 feet.
(d) 
Side yards: 10 feet each, 25 feet total.
(e) 
Rear yard: 25 feet.
(f) 
Height: 35 feet.
(2) 
Single-family semidetached dwellings (twins), for each dwelling unit.
(a) 
Minimum lot area: 5,000 square feet.
(b) 
Minimum lot width: 50 feet.
(c) 
Front yard: 25 feet.
(d) 
Side yard: 15 feet, one side.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(e) 
Rear yard: 25 feet.
(f) 
Height: 35 feet.
(3) 
Townhouses.
(a) 
Minimum width, individual townhouse: 24 feet.
(b) 
Distance between buildings:
[1] 
Side to side: 30 feet.
[2] 
Rear to rear: 50 feet.
[3] 
Front to rear: 60 feet.
[4] 
Front to front: 60 feet.
(c) 
Setback from internal streets: 20 feet.
(d) 
Setback from parking lots: 15 feet.
(e) 
Maximum townhouses per building: six.
(f) 
Maximum height: 35 feet.
(g) 
Maximum length of building: 150 feet.
(4) 
Apartments.
(a) 
Distance between buildings:
[1] 
Side to side: 35 feet.
[2] 
Front to rear, or rear to rear, or front to front: 50 feet.
(b) 
Maximum dwellings per building: 24.
(c) 
Setback from internal streets: 25 feet.
(d) 
Setback from parking lots: 15 feet.
(e) 
Maximum height: three stories to a maximum of 40 feet.
(f) 
Maximum length of building: 170 feet.
(5) 
Commercial uses.
(a) 
Minimum lot area: 20,000 square feet.
(b) 
Minimum lot width: 100 feet.
(c) 
Front yard: 35 inches.
(d) 
Side yards: 25 feet each.
(e) 
Rear yard: 40 feet.
(f) 
Building coverage: 25%.
(g) 
Lot coverage: 60%.
(h) 
Height: three stories to a maximum of 40 feet.
(i) 
Minimum landscaped buffer: 25 feet, entire perimeter of commercial area.
(6) 
Except where bonus density is provided in accordance with subsection b and c below, the gross residential density shall not exceed 2.25 dwellings per gross acre, excluding any acreage devoted to commercial uses. Where calculation of permitted gross density does not result in a whole number, fractions of 0.5 or greater shall be rounded up (i.e., 421.3 would be rounded to 421, 421.6 would be rounded to 422).
(a) 
The following net densities per dwelling type shall be permitted in portions of the PRD devoted to any single dwelling unit type, in accordance with the definition of net density in § 200-7 of this chapter:
[1] 
Single-family detached dwellings: five dwellings per acre.
[2] 
Single-family semidetached dwellings: seven dwellings per acre.
[3] 
Townhouses: nine dwellings per acre.
[4] 
Apartments: 12 dwellings per acre.
(b) 
A density bonus shall be provided when public or centralized waste water treatment and disposal capacity is made available to owners of property not within the planned residential development and where such capacity is, in the opinion of the Township Engineer, clearly in excess of the capacity needed to serve the PRD including any bonus density achieved in accordance with this subsection. The density bonus shall be calculated as a percentage of the permitted gross residential density, determined as provided above, in accordance with the schedule below. Density bonus calculation shall be rounded to the nearest whole number; fractions of 0.5 or greater shall be rounded up:
Additional Capacity
in Gallons Per Day
(gpd)
Density Bonus as Percent
of Base Density Calculation
(percent)
2,500 to 5,000
2.5%
5,001 to 7,500
5.0%
7,501 to 10,000
7.5%
10,001 to 12,500
10.0%
Above 12,500
2.5% for each 2,500 gallons over 10,000 gpd
The Township shall determine the allocation of any additional wastewater treatment and disposal capacity hereby generated.
(c) 
In addition to the maximum permissible number of dwelling units otherwise permitted within the PRD, dwelling unit(s) may be provided through the renovation or adaptive reuse of structures included in the Chester County Historic Sites Survey of 1982, subject to compliance with the standards in § 200-72 of this chapter. In no case shall a conversion of a historic structure to residential use include more than four dwellings per structure.
(7) 
Conservation of historic structures.
(a) 
Historic structures included in the Chester County Historic Sites Survey of 1982 and/or identified by the Township's Historic Commission as worthy of preservation, shall be incorporated into the development plan to the greatest degree practicable.
(b) 
The design criteria for historic structures shall comply with the area and bulk provisions of this section unless the Board determines the existing conditions cause the application of this criteria to be unfeasible.
(8) 
The following requirements shall apply to the common open space:
(a) 
The criteria contained in this chapter under § 200-69 shall apply to all common open space created under this section. In addition to the criteria contained in § 200-69, not less than 15% of the required common open space shall be suitable for use as active recreation areas. Such uses may include ball fields, soccer fields, tennis courts and basketball courts. The location and layout of active recreation areas shall be configured so as to serve residents adequately and conveniently.
D. 
Design standards.
(1) 
Development of any PRD shall comply with all applicable design standards contained in this chapter and/or Chapter 162, Subdivision and Land Development, except as provided below. If the provisions of this section are inconsistent with other provisions of this chapter, the provisions of this section shall control.
(2) 
In granting Tentative and/or Final Plan approval for any PRD, the Board of Supervisors may waive applicability of any provisions of Chapter 162, Subdivision and Land Development, which may be in conflict with the purposes of this section in the context of any specific application.
(3) 
As condition(s) of tentative and/or final plan approval, the Board may provide for variation and/or waiver of specific design standards established in Chapter 162, Subdivision and Land Development, as provided in Subsection D(3)(a) through (c) below. The applicant requesting variation in design standards shall submit drawings, models or plans to demonstrate the purpose and potential impact of the request, including alternatives if specified by the Board. The applicant wishing to have any design standard varied shall bear the burden of proof in justifying the appropriateness of such variation. The applicant may be required to post bond to insure compliance with the decision and any conditions imposed by the Board.
(a) 
Road width. The width of roads has been established in Chapter 162, Subdivision and Land Development, to insure adequate movement of traffic in times of greatest parking loads. Where a road is designed so that all units face on secondary streets or courts and/or where sufficient overflow off-street parking is provided nearby and contiguous to the roadway, and where restrictions against parking along the cartway may appropriately be imposed, the road width may be reduced. With this reduction, the width may be no less than 24 feet.
(b) 
Curbs. Curbs are used to channel water to storm sewers, protect pavement edges, and keep vehicles off of grass. In certain cases, however, natural drainage should be encouraged. Where topography and soils permit, roadside swales may be substituted for curbs, provided that the alternate design:
[1] 
Insures adequate means for the protection of pavement edges;
[2] 
Handles stormwater in a manner to insure against erosion or other conditions detrimental to the public health, safety, or welfare; and
[3] 
Has the approval of the Township Engineer.
(c) 
Right-of-way width. The right-of-way width is intended to provide enough land to accommodate streets, including potential future widening, sidewalks, and necessary grading and utilities. Where sidewalks are not run along streets, cartways are reduced, utilities are located outside of the right-of-way, or houses will not front on the street, a reduction in the width of the right-of-way may be permitted for internal roadways within the PRD, to a minimum of 40 feet.
(4) 
Walkways. A pedestrian pathway system shall be included throughout the planned residential development and include a combination of sidewalks, pathways and trails that provide reasonable access to all neighborhoods, recreation, shopping, or other destinations within and adjacent to the planned residential development. Sidewalks may not necessarily be required on all streets, but may be located in accordance with the overall pedestrian pathway system.
(5) 
Equestrian trails. If the planned residential development is traversed by existing trails easements created for the benefit of equestrian riders, the applicant shall provide for continued equestrian access but may relocate the existing trail easements.
(6) 
Bypass road. A right-of-way not less than 60 feet in width and consistent with the Transportation Plan/Study, PA Route 100 Corridor dated January, 1995 and revised September, 1995 shall be included in the tentative plan. Detailed plans for the phasing and installation of the Bypass Road improvements shall be determined during the tentative plan approval process taking into consideration the status of the completion of other aspects of the Route 100 Corridor Bypass Road. Installation of the Bypass Road shall be required prior to issuance of any occupancy permits for any uses(s) within the PRD unless otherwise approved by the Board of Supervisors during the tentative plan approval process.
E. 
Administration. The administration of the procedures of application for and approval of planned residential developments shall be vested in the Board. The Board shall refer all tentative and final development plans to the Township Planning Commission and the Chester County Planning Commission for their review and comment.
F. 
Application for tentative approval for planned residential development.
(1) 
An application for tentative approval of a planned residential development shall be filed by the applicant with the Township Manager. Within 30 days of receipt of application for tentative approval, the Township Manager shall indicate in written communication to the applicant whether or not the application is deemed complete and, if not where deficient. If no written communication is provided within said thirty-day period, the application shall be deemed complete for purposes of initiating the 60 day period within which a public hearing must be held in accordance with Subsection G(1).
(2) 
The tentative approval application shall contain the following:
(a) 
An overall master concept plan for the entire fact subject to PRD application, at a scale of one inch equaling 200 feet, indicating the general layout and intended character of development areas and open spaces, and the proposed location of all public and private rights-of-say, including streets, parking areas, water lines, sewage conveyance, treatment and disposal facilities, stormwater management facilities, etc.
(b) 
Plan(s) at a scale of no less than one inch equaling 100 feet showing the significant natural and man made features of the site including streets, floodplains, wetlands, woodlands, historic structures, topography and soil types. Submitted plan(s) should be at the same scale as those submitted in accordance the Subsection F(2)(d) below.
(c) 
A plan depicting location and size of the site another nature of the applicant's interest in the land propose to be developed.
(d) 
Plan(s) at a scale not less than one inch equaling 100 feet and narrative documentations appropriate, depicting the following:
[1] 
The density of each land use to be allocation each part of the site.
[2] 
The location, size and uses of the common open space and the form or organization proposes own and maintain the common open space.
[3] 
The use and the approximate height, bulk location of buildings and other structures.
[4] 
The feasibility of proposed water supply and the disposition of the sanitary waste and stormwater.
[5] 
The substance of covenants, grants of easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures including proposed easements of grants for public utilities.
[6] 
The provisions for parking of vehicles and the location and width of proposed streets and public ways.
[7] 
The required modifications in design, bulk and area requirements in this § 200-71.
[8] 
In the case of a development plan which calls for development over a period of years, a schedule showing the proposed times within which applications for final approval of all sections of the planned residential development are intended to be filed. This schedule must be updated annually on the anniversary of its approval until the development is completed.
(3) 
The application for tentative approval of a planned residential development shall include a written statement by the applicant setting forth why the planned residential development would be in the public interest and consistent with the Township's Comprehensive Plan.
(4) 
The approval procedures for tentative and final approval in this section shall be in lieu of all other procedures or approvals otherwise required by to this chapter and Chapter 162, Subdivision and Land Development, of the Township.
G. 
Public hearings.
(1) 
Within 60 days after filing of a complete application for tentative approval, a public hearing pursuant to public notice shall be held by the Board in the manner prescribed hereinafter in § 200-137.
(2) 
The Board may continue the hearing from time to time provided the public hearings shall be concluded within 60 days after the date of the first public hearing.
H. 
The findings.
(1) 
Notice of decision.
(a) 
The Board, within 60 days following the conclusion of the public hearings, shall notify the applicant in writing of its decision to either:
[1] 
Grant tentative approval of the development plan as submitted;
[2] 
Grant tentative approval subject to specific conditions; or
[3] 
Deny tentative approval to the development plan.
(b) 
Failure to act within said period shall be deemed to be a grant of tentative approval of the development plan as submitted. In the event, however, that tentative approval is granted subject to conditions, the applicant may, within 30 days of receiving the written decision of the Board, notify the Board of his refusal to accept any or all of the conditions, in which case, the Board shall be deemed to have denied tentative approval of the development plan. In the event the applicant does not, within said period, notify the Board of his refusal to accept any condition, tentative approval of the development plan, with the conditions, shall stand as granted.
(2) 
The grant or denial of tentative approval by official written communication shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without conditions, or for the denial and said communication shall set forth with particularity in what respects the development plan would or would not be in the public interest.
I. 
Status of plan after tentative approval.
(1) 
The official written communication provided for in this section shall be certified by the Manager of the Township and shall be filed in the Township office and a certified copy shall be mailed to the applicant. Where tentative approval has been granted, it shall be deemed an amendment to the Zoning Map effective upon final approval and shall be noted on the Zoning Map.
(2) 
Tentative approval of a development plan shall not qualify a plan of the planned residential development for recording nor authorize development or the issuance of any building permits. A development plan which has been given tentative approval as submitted, or which has been given tentative approval with conditions which have been accepted by the applicant and provided that the applicant has not defaulted nor violated any of the conditions of the tentative approval shall not be modified or revoked nor otherwise impaired by action of the Township pending an application or applications for final approval, without the consent of the applicant, provided an application for final approval is filed, or in the case of development over a period of years, provided applications are filed within the periods of time specified in the official written communication granting tentative approval.
(3) 
In the event that a development plan is given tentative approval and thereafter, but prior to final approval, the applicant shall elect to abandon said development plan and shall so notify the Board in writing, or in the event the applicant shall fail to file application or applications for final approval within the required period of time or times, as the case may be, the tentative approval shall be deemed to be revoked and all that portion of the area included in the development plan for which final approval has not been given shall be subject to those ordinances otherwise applicable thereto as they may be amended from time to time, and the same shall be noted on the Zoning Map and in the records of the Manager of the Township.
J. 
Application for final approval.
(1) 
An application for final approval of a planned residential development shall be filed by the applicant with the Township Manager. Within 30 days of receipt of application for final approval, the Township Manager shall indicate in written communication to the applicant whether or not the application is deemed complete and, if not, where deficient. If no written communication is provided within said thirty-day period, the application shall be deemed complete for purposes of initiating the forty-five-day period within which the Board of Supervisors must act upon the application, as provided below.
(2) 
An application for final approval may be for all the land included in the development plan, or to the extent set forth in the tentative approval for a section thereof. The final plan shall include demonstration of compliance with the conditions of the approved tentative plan.
(3) 
The final approval application shall contain the following:
(a) 
Plans at a scale of not more than one inch equaling 50 feet.
(b) 
The name, seal and appropriate certification of the registered professional engineer responsible for the plan.
(c) 
A plan containing sufficient data to determine the location of streets, rights of way, lots, easements and common open space.
(d) 
A plan which delineates slopes 15 to 25% and greater than 25%.
(e) 
A plan containing sufficient data to determine the location of significant man-made features.
(f) 
The lengths of all straight lines, radii, lengths of curves and tangent bearings for each street.
(g) 
The proposed building setback line from each street and the proposed placement of all structures other than single-family detached dwellings.
(h) 
A stormwater management plan containing stormwater management calculations.
(i) 
A plan showing the method of sanitary sewer service. The design of any proposed sewer treatment plan, pumping stations and disposal fields.
(j) 
Permanent reference monuments shall be shown on the plan.
(k) 
Road profile plans showing the location, grade and width of existing and proposed street rights of way.
(l) 
A plan depicting typical paving sections.
(m) 
A grading and utility plan showing existing grades and proposed grades with two-foot contours. The plan shall also include the location of all storm sewer lines, sanitary sewer lines, invert and rim elevations of all existing and proposed manholes, water lines, electric lines, lighting standards and pipelines. A plan depicting the profiles of the proposed sanitary and storm sewer lines.
(n) 
A land use plan showing the gross and net densities of the overall development, as well as the individual sections.
(o) 
All covenants, grants of easements or other restriction proposed to be imposed upon the use of the land, buildings and structures including proposed easements of grants for public facilities.
(p) 
A landscaping plan showing species, sizes and number of plantings.
(q) 
The required land use regulation modifications.
(r) 
In the case of a development plan which calls for development over a period of years, a schedule showing the proposed times within which applications for final approval of all sections of the planned residential development are intended to be filed. This schedule must be updated annually on the anniversary of its final approval until the development is completed and accepted.
(4) 
An application for final approval filed in accordance with the official written communication of tentative approval, shall, within 45 days of such filing, be granted final approval.
(5) 
Revised plans.
(a) 
A public hearing on an application for final approval of the development plan, or part thereof, shall not be required, provided the development plan is in compliance with the approved tentative plan. In the event the development plan as submitted contains an increase in density or floor area ratio of 15% or more for any section of the development plan given tentative approval, the Board may refuse to grant final approval and shall, within 45 days from filing of a complete application for final approval, so advise the applicant in writing of said refusal. In the event of such refusal, the applicant may either:
[1] 
Refile his application for final approval without the variations objected; or
[2] 
File a written request with the Board that it hold a public hearing on his application for final approval.
(b) 
If the applicant wishes to take either such alternative action, he may do so at any time within he has be entitled to apply for final approval or with 30 additional days if the time for applying for final approval shall have already passed at the time when the applicant was advised that the development plan was not in substantial compliance. In the event the applicant shall fail to take either of these alternate action within said time, he shall be deemed to have abandoned the development plan. Any such public hearing shall be held pursuant to public notice within 30 days after request for the hearing is made by the applicant, and the hearing shall be conducted in the manner prescribed in Subsection F for public hearings on applications for tentative approval. Within 30 days after the conclusion of the hearing, the Board shall by official written communication either grant or deny final approval to the development plan. The grant or denial final approval of the development plan shall be in the form and contain the findings required for an application for tentative approval set forth in Subsection F.
(6) 
A development plan, or any part thereof, which has been given final approval shall be so certified without delay by the Board and shall be promptly filed of record in the office of the Recorder of Deeds before any development shall take place. Upon the filing of record of the development plan, the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion in accordance with the time provisions stated in Section 508 of the Municipalities Planning Code ("MPC") of said planned residential development or of that part thereof, as the case may be, that has been finally approved, no modification of the provisions of said development plat, or part thereof, as finally approved, shall be made except with the consent of the applicant. Upon approval of a final plant, the applicant shall record the plat in accordance with the provisions of Sections 513(a) of the MPC and post financial security in accordance with Section 509 of the MPC.
(7) 
In the event that a development plan, or a section thereof, is given final approval and thereafter the applicant shall abandon such plan or the section thereof that has been finally approved, and shall so notify the Board in writing; or, in the event the applicant shall fail to commence and carry out the planned residential development in accordance with the time provisions stated in Section 508 of the MPC after final approval has been granted, no development or further development shall take place on the property included in the development plan until after the said property is reclassified by enactment of an amendment to this chapter in the manner prescribed in Article XX.
K. 
Enforcement remedies.
(1) 
Any person, partnership or corporation, who or which has violated the planned residential development provisions of any ordinance enacted under Section 701 et seq. of the MPC shall, upon being found liable in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the appropriate Rules of Civil Procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the ordinance to have believed that there was no such violation, in which event there shall be determined to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice, and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of planned residential development provisions shall be paid over to the municipality whose ordinance has been violated.
(2) 
The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, totaling the per diem judgment pending a final adjudication of the violation and judgment.
(3) 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this section.

§ 200-72 Flexible/open space development option.

[Added 10-6-1997 by Ord. No. 97-07; amended 7-2-2001 by Ord. No. 01-04; 10-15-2001 by Ord. No. 01-11; 12-17-2001 by Ord. No. 01-13]
A. 
Purpose. The purposes of this section are:
(1) 
To provide an opportunity for flexibility in lot designs and building arrangement not afforded by conventional lot-by-lot development;
(2) 
To provide for a more varied, innovative, and efficient development pattern;
(3) 
To permit new development which is compatible with existing uses, architecture, landscapes and community character;
(4) 
To preserve unique and sensitive landscapes and site features by locating new dwelling sites in areas that do not contain such features;
(5) 
To protect scenic vistas and historical landscapes from encroachment by development;
(6) 
To retain and protect open space areas within residential development;
(7) 
To enable efficient and cost-effective provision of community facilities, including sewer and water services, highway improvements and recreational areas;
(8) 
To provide a means to attain the aims and objectives of the Upper Uwchlan Township Comprehensive Plan relative to orderly growth and the enhancement of environmental resources;
(9) 
To support the specific objectives of the Upper Uwchlan Township Open Space, Recreational and Environmental Resources Plan.
(10) 
To provide for compatible residential uses and communities, including Active Adult Communities.
[Added 7-18-2016 by Ord. No. 2016-06]
B. 
Eligibility
(1) 
Minimum tract size. Use of the flexible/open space development option shall be limited to tracts greater than 10 acres in area.
(2) 
Conditional use approval.
(a) 
The flexible\open space development option shall be permitted in the R-1, R-2, R-3, and R-4 residential zoning districts and in the F-1 and F-2 Flexible Development overlay districts, as designated on the Upper Uwchlan Township Zoning Map, where approved as a conditional use in accordance with the provisions of § 200-116 of this chapter and where the applicant, to the satisfaction of the Board of Supervisors, can demonstrate compliance with the provisions of this article.
(b) 
Applicant is strongly encouraged to submit a conceptual plan for development under the flexible\open space development option to the Upper Uwchlan Township Planning Commission and to discuss community development and open space resource conservation objectives with the Planning Commission prior to formal conditional use application.
(c) 
In addition to fulfilling the submission requirements of § 200-116, applicant for conditional use approval for development in accordance with this section shall submit the following, at the time that application for conditional use is filed:
[1] 
An overall concept plan for the entire tract subject to conditional use application, preferably at a scale of one inch equaling 100 feet but not less than one inch equaling 200 feet, indicating the general layout and intended character of development areas and open spaces, including proposed lot and parcel lines, and the proposed locations and general design of all public and private rights-of-way, including streets, parking areas, water lines, sewage conveyance, treatment and disposal facilities, stormwater management facilities, etc., to the extent such detail can be provided at the time of conditional use application. Where any such rights-of-way or facilities cannot be located or preliminarily designed at the time of conditional use application, applicant shall provide information satisfactory to the Board indicating their ultimate feasibility.
[2] 
A site analysis plan, at the same scale as the concept plan, and in conformance with the requirements of § 162-9D of Chapter 162, Subdivision and Land Development. The Board of Supervisors may require submission of additional impact statements in accordance with § 200-83 of this chapter. The Board may retain such consultants as necessary to review and certify the accuracy of submitted plans and documents, reasonable and necessary charges therefor to be borne by the applicant.
[3] 
A conceptual open space management plan in accordance with § 200-69E.
[4] 
Preliminary indication of any waivers or variations from the design standards of Chapter 162, Subdivision and Land Development, which may be required in order to effect proposed development plans under this option.
(d) 
In granting conditional use approval to development plans in accordance with this article, the Board of Supervisors may waive applicability of any provisions of Chapter 162, Subdivision and Land Development, which may be in conflict with the purposes of this article in the context of any specific application. If the provisions of this article are inconsistent with other provisions of this chapter, the provisions of this article shall control.
(e) 
Upon the granting of conditional use approval by the Board of Supervisors, applicant may proceed with Preliminary and then Final Plan submission in accordance with the provisions of Chapter 162, Subdivision and Land Development, and in conformance with any conditions established in the order of conditional use approval. Upon written request from the applicant and if the Board of Supervisors and Planning Commission have previously reviewed a conceptual plan and site analysis plan for the proposed development, the Board, at its sole discretion, may elect to consider the preliminary subdivision plans simultaneously with the conditional use approval.
(3) 
Water supply. Development under the flexible\open space development option shall be served by water supply systems in accordance with § 162-49 of Chapter 162, Subdivision and Land Development, and Chapter 183, Article I, Public Water Supply, where applicable, and where applicant can demonstrate, to the satisfaction of the Board of Supervisors, adequate supply for all intended uses.
(4) 
Sewage disposal.
(a) 
In the R-1, R-2, R-3 and R-4 residential zoning districts, except as provided in Subsection B(4)(b) below, development under the flexible\open space development option shall be served by sewage disposal systems consistent with the Upper Uwchlan Township Sewage Facilities (Act 537) Plan, Chapter 141, Sewers, Article I, Community On-Lot Sewage Disposal Systems (COLDS), where applicable, and in accordance with § 162-48 of Chapter 162, Subdivision and Land Development, subject to demonstration of compliance with all applicable regulations of the Chester County Health Department and the Pennsylvania Department of Environmental Protection. Individual sewage disposal systems may be located within restricted open space areas, whether or not part of the lot which they serve, where approved at the discretion of the Board of Supervisors subject to demonstration of adequate provision for long-term maintenance and management of such systems.
(b) 
In the F-1 or F-2 Flexible Development Overlay Districts, where development under the flexible\open space development option utilizes any increase in density afforded by the overlay district provisions, such development shall be served by public or centralized sewage disposal systems. All sewage disposal systems shall be consistent with the Upper Uwchlan Township Sewage Facilities (Act 537) Plan, subject to demonstration of compliance with all applicable regulations of the Chester County Health Department and the Pennsylvania Department of Environmental Protection.
(5) 
Highway improvements. Development under the flexible\open space development option shall incorporate provisions for highway improvements consistent with the Upper Uwchlan Township Comprehensive Plan and any specific transportation improvement plans which may apply to the tract under application, including applicable improvements part of a Transportation Capital Improvement Plan which may be adopted in accordance with Pennsylvania Act 209 and/or included on an Official Map adopted by the Board of Supervisors.
(6) 
Consistency with municipal planning program. The proposed development will be substantially consistent with the Upper Uwchlan Township Comprehensive Plan, and the Upper Uwchlan Township Open Space, Recreation and Environmental Resources Plan.
(7) 
Single plan. The tract or tracts of land to be developed shall be in one ownership or, if in multiple ownership, shall be developed according to a single plan with common authority and responsibility.
C. 
General regulations.
(1) 
Tracts or portions of tracts located within the F-1 or F-2 Flexible Development Overlay Districts may be developed under this section in accordance with the provisions for the appropriate overlay district(s) or as stipulated for any underlying residential zoning district, where applicable.
(2) 
Permitted uses. Where permitted by the Board of Supervisors as a conditional use, an applicant may utilize the flexible\open space development option for development of any of the following uses:
(a) 
Within the R-1, R-2, R-3 and R-4 zoning districts:
[1] 
Any use permitted in the underlying base zoning district;
[2] 
Where not permitted in the underlying base zoning district, single-family semidetached, single-family attached, two-family detached, quadraplex, and apartment dwellings may be permitted only where accomplished as adaptive reuse of historical structures included in the Chester County Historic Sites Survey of 1982 and in a manner consistent with conservation of the historical integrity of such structures.
[3] 
Open space uses as set forth in § 200-69 of this chapter.
(b) 
Within the F-1 Flexible Development Overlay District:
[1] 
Single-family detached dwellings;
[2] 
Single-family semidetached dwellings, single-family attached dwellings, with no more than four dwelling units attached in a single structure, two-family detached dwellings, and quadraplex dwellings, provided applicant complies with the architectural design provisions of Subsection E(2) and provided that all such dwelling units are screened from view from any existing single-family detached dwellings;
[3] 
Open space uses as set forth in § 200-69 of this chapter.
[4] 
Active Adult Community consisting of a residential development of any number of types of the dwelling units permitted in Subsection C(2)(b)[1] and [2] above along with Active Adult Community accessory use(s), including clubhouse, swimming pool, bocce, indoor and outdoor recreational uses, trails, fitness center, guest parking, dog park, outdoor grilling, picnic areas, sewage disposal lagoons, disposal fields and other similar uses to the foregoing. Outdoor recreational amenities and accessory uses can be counted towards the minimum restricted open space requirements per § 200-72D(1)(a). Parking for an Active Adult Community shall be provided in accordance with the category for housing for elderly (single-family and townhouse) as set forth in § 200-73G(2).
[Added 7-18-2016 by Ord. No. 2016-06]
(c) 
Within the F-2 Flexible Development Overlay District:
[1] 
Single-family detached dwellings.
[2] 
Single-family semidetached dwellings.
[3] 
Single-family attached dwellings.
[4] 
Two-family detached dwellings.
[5] 
Quadraplex dwellings.
[6] 
Apartment dwellings.
[7] 
Garden apartments.
[8] 
Open space uses as set forth in § 200-69 of this chapter.
[9] 
Nonresidential uses.
[a] 
On tracts greater than 100 contiguous acres in area which have direct access to Pennsylvania Route 100, those nonresidential uses permitted in the C-1 Zoning District, provided that such nonresidential uses shall not exceed 5% of the total land area of the contiguous tract or tracts developed in accordance with the flexible\open space development option. Where permitted, such nonresidential uses shall comply with the area and bulk regulations of § 200-34, except that upon request by the applicant, the Board of Supervisors at their sole discretion and as a condition of approval, may agree to modify any applicable area and bulk criteria up to a maximum variation of 50%. No land area used to meet the area and bulk requirements for such nonresidential uses shall also be used to calculate permitted residential density nor shall be used to calculate compliance with open space requirements.
[Amended 5-17-2004 by Ord. No. 04-02A]
[b] 
Where nonresidential uses are permitted, the style, layout and specific placement of buildings shall favor multiple buildings reflecting traditional rural vernacular architecture and scale rather than single structures. All such nonresidential development shall, at a minimum, meet the screening and landscaping requirements of §§ 200-77 and 200-78 of this chapter. At the sole discretion of the Board of Supervisors, depending on the nature of adjacent properties, and considering recommendations of the Planning Commission, additional screening and landscaping may be required.
D. 
Area and bulk regulations.
(1) 
Minimum restricted open space.
(a) 
The minimum restricted open space shall not be less than the following percentage of the gross acreage of the tract, as stipulated for the appropriate zoning district; designated restricted open space shall comply with all standards and criteria for restricted open space established in § 200-69 of this chapter.
Zoning District
Minimum Restricted
Open Space
(percent)
R-1 District
55%
R-2 District
45%
R-3 District
40%
R-4 District
35%
F-1 Flexible Development Overlay District
40%
F-2 Flexible Development Overlay District
40%
(b) 
Where tracts which are not contiguous are developed in accordance with a unified plan, the minimum restricted open space stipulated above must be provided on each tract, as a percentage of the gross area of each tract. At the discretion of the Board of Supervisors, the minimum restricted open space on any individual tract may be reduced up to 25% provided that the Board is satisfied that the purposes of this section are met and provided that the total restricted open space area is not less than the minimum required. Where a tract or tract(s) to be developed under the flexible/open space development option is(are) located such that portions of the tract or tracts are subject to differing percentages of required open space, the total open space requirement shall be calculated as the sum of the requirements for the proportionate amount of land subject to each different requirement.
(2) 
Permitted density calculation.
(a) 
Establishment of net tract area. For purposes of calculating the maximum permissible number of lots or dwelling units on any tract utilizing the flexible\open space development option, the net tract area, measured in acres, shall include all areas within the legal property lines of a tract, excluding the following:
[1] 
Any existing area that has been set side as a permanent right-of-way or easement for a public or private street, for aboveground or underground utilities, or for drainage or stormwater management;
[2] 
Any existing area comprising sewage disposal facilities serving any property not part of the subject tract;
[3] 
An area equivalent to 75% of any area comprised of one or more of the following areas and excluding any area already excluded by Subsection D(2)(a)[1] or [2], above:
[a] 
Any area within the Flood Hazard District as defined within Article XIII of this chapter;
[b] 
Any area comprising wetlands under the jurisdiction of the U.S. Army Corps of Engineers and/or the Pennsylvania Department of Environmental Protection; the Township reserves the right to retain a qualified consultant to ascertain the extent of jurisdictional wetlands, reasonable and necessary charges therefor to be borne by the applicant;
[c] 
Any area of prohibitive slope (exceeding 25%) as defined in § 200-107 of this chapter;
[4] 
Any area used to satisfy the area and bulk requirements for any nonresidential uses permitted in accordance with Subsection C(2)(c)[9].
(b) 
Calculation of permissible density.
[1] 
Except where bonus density is permitted in accordance with the provisions of Subsection D(3), the maximum permissible number of lots or dwelling units on any tract utilizing the flexible\open space development option shall be calculated by multiplying the net tract area, determined as set forth above, by the multiplier stipulated for each zoning district below, rounding the product to the nearest whole number; fractions of 0.5 or greater shall be rounded up (i.e., 21.3 would be rounded to 21, 21.6 would be rounded to 22):
[Amended 7-18-2016 by Ord. No. 2016-06]
R-1 District
0.5
R-2 District
0.95
R-3 District
1.5
R-4 District
2.5
F-1 Flexible Development Overlay District
1.1
F-1 Flexible Development Overlay District for Active Adult Community
2.2
F-2 Flexible Development Overlay District
1.25
[2] 
Applicant is advised that the maximum number of units calculated under the provisions herein, including potential bonus density, may not always be achievable while meeting requirements for minimum restricted open space and all other standards, criteria, and regulations herein. Where a tract or tract(s) to be developed under the flexible/open space development option is (are) located such that portions of the tract or tracts are subject to differing density multipliers, total permitted density shall be calculated as the sum of the permitted densities for the proportionate amount of land subject to each multiplier. Actual location of dwelling units and net densities of development need not reflect specific delineation of zoning district boundaries nor applicable multipliers on any single portion of the tract(s).
(3) 
Bonus density calculation. In order to promote realization of certain community planning objectives, bonus density may be permitted as follows, subject to adherence to all applicable standards and criteria herein. In no case shall the total permitted bonus density exceed 50% of the maximum base density calculated in accordance with Subsection D(2)(b) above.
(a) 
Density bonus for provision of public or centralized sewer service. Where development under the flexible/open space development option makes public or centralized sewage treatment and/or disposal capacity available to other properties in a manner consistent with the Upper Uwchlan Township Sewage Facilities (Act 537) Plan as may be amended from time to time, and where such sewage treatment and/or disposal capacity is, in the opinion of the Township Engineer, clearly in excess of the capacity needed to serve the applicant's proposed development, including any bonus density achieved in accordance with this section, the maximum density or number of lots or dwelling units permitted shall be increased over and above the base maximum calculated as above, in accordance with the schedule below, and such excess capacity shall be subject to appropriate reimbursement as set forth in a sewage plant agreement between the applicant and Township. This density bonus shall be calculated as a percentage of the maximum number of units originally calculated under Subsection D(2), not including any increase in units provided by any other density bonus. Density bonus calculation shall be rounded to the nearest whole number; fractions of 0.5 or greater shall be rounded up.
[Amended 7-18-2016 by Ord. No. 2016-06]
Additional Capacity
in Gallons Per Day
(gpd)
Density Bonus as Percent
of Base Density Calculation
(percent)
2,500 to 5,000
2.5%
5,001 to 7,500
5.0%
7,501 to 10,000
7.5%
10,001 to 12,500
10.0%
Above 12,500
2.5% for each 2,500 gallons over 10,000 gpd
(b) 
Density bonus for open space conservation. In order to promote conservation of open space resources, the maximum density or number of lots or dwelling units permitted on any tract of land proposed for development under the flexible/open space development option may be increased over and above the base maximum calculated as above, where open space is provided meeting the criteria established in Subsection D(3)(b)[1] to [3] below, as follows: For each percentage point of eligible open space, calculated as a percentage of gross tract area, the maximum number of units may be increased by 2.0%. This density bonus shall be calculated as a percentage of the maximum number of units originally calculated under Subsection D(2), not including any increase in units provided by any other density bonus. Density bonus calculation shall be rounded to the nearest whole number, fractions of 0.5 or greater shall be rounded up.
[1] 
In order to be eligible for calculation of bonus density, open space must comprise open space area(s) fully in addition to the minimum required restricted open space area, established in accordance with Subsection D(1), above; and
[2] 
Open space eligible for calculation of bonus density must meet all criteria for restricted open space stipulated in § 200-69 of this chapter; and
[3] 
Conservation of resource areas used toward calculation of bonus density must be guaranteed through establishment of restrictions and management criteria satisfactory to the Board of Supervisors.
(4) 
Residential area and bulk regulations. Under the flexible/open space development option, no minimum lot area is prescribed, rather, the following lot and yard area regulations shall apply to any principal residential structure or any other building. At the time of conditional use application, applicant shall indicate for each permitted use, including potential accessory uses, the limits of the building envelope within which compliance with these provisions is feasible. Upon request by the applicant, the Board of Supervisors at their sole discretion and as a condition of approval, may agree to modify any applicable area and bulk criteria up to a maximum variation of 50%.
(a) 
Multifamily dwellings.
[1] 
For multifamily dwellings the provisions of § 200-24 of this chapter shall apply except for that single-family attached dwellings (townhouses), the building separation standards of Subsection D(4)(b) shall apply.
[2] 
All multifamily dwellings shall comply with the architectural design provisions of Subsection E(2).
(b) 
For single-family detached, single-family semidetached, and two-family detached dwellings, the following provisions shall apply:
[1] 
Minimum separation between buildings, except accessory buildings, at any point shall not be less than 20 feet, except that minimum separation shall not be less than 50 feet measured perpendicularly from the rear wall of any residential structure to any point on any other building not accessory to such residential structure.
[2] 
Minimum separation between accessory buildings and any principal structures to which they are not accessory (i.e., any principal structure on any other lot) at any point shall comply with Subsection D(4)(a) above.
(c) 
For all dwelling units, the following provisions shall apply:
[1] 
Where any portion of any principal or accessory structure is located less than five feet from any lot line, a perpetual easement providing for maintenance of such structure, and measuring no less than five feet in width from the affected walls, shall be provided on the adjacent lot(s). This provision shall not apply to lot line(s) where separating two-family or multifamily dwelling units on the interior of the same principal structure.
[2] 
Minimum setback from the edge of cartway (or outside edge of curb, if applicable) of any street shall be not less than 25 feet, except as provided under Subsection D(4)(c)[3] below.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3] 
All proposed dwelling units in a development utilizing the flexible\open space development option shall be situated so that they are set back a minimum of 50 feet from the predevelopment perimeter boundary of the tract and/or a minimum of 100 feet from the ultimate right-of-way of PA Route 100, as applicable. Existing dwellings and dwellings resulting from the conversion of existing structures shall be exempt from this requirement except that additions to such existing structures shall not further reduce any setback less than the applicable minimum.
[4] 
Maximum building height: three stories or 35 feet, exclusive of basements.
(d) 
For accessory structures, the setback requirements stipulated for accessory structures in the applicable base zoning district shall apply unless otherwise specifically provided in any applicable conditional use order of approval.
[Added 12-2-2002 by Ord. No. 02-06]
(5) 
Maximum impervious coverage.
(a) 
For apartment dwellings, garden apartments and any other dwelling types not provided with individual lots, maximum impervious coverage shall be limited to 40% of the gross area devoted to such dwellings. The gross land area used to satisfy this limitation shall be indicated on submitted plans and shall not also be counted toward meeting minimum restricted open space requirements nor any coverage nor yard area requirements for any other dwelling unit(s).
(b) 
For all dwelling units provided with individual lots and any lots or parcels devoted to open space or any other permitted use, maximum impervious coverage limitations shall be established in accordance with the following schedule:
[1] 
Lots or parcels less than 7,000 square feet in area: 55%.
[2] 
Lots or parcels greater than or equal to 7,000 square feet and less than 12,000 square feet in area: 45%.
[3] 
Lots or parcels greater than or equal to 12,000 square feet and less than 20,000 square feet in area: 35%.
[4] 
Lots or parcels greater than or equal to 20,000 square feet and less than one acre in area: 25%.
[5] 
Lots or parcels greater than or equal to one acre and less than five acres in area: 20%.
[6] 
Lots or parcels greater than or equal to five acres and less than 20 acres in area: 15%.
[7] 
Lots or parcels greater than 20 acres in area: 10%.
E. 
Conservation and development design standards.
(1) 
General development standards.
(a) 
All applicable standards provided in Articles XIV, XV, and XVI of this chapter shall apply to any development utilizing the flexible\open space development option.
(b) 
Placement of buildings and design of internal circulation systems shall minimize adverse impact to existing and planned Township/state roads and highways.
(c) 
Walkways. A pedestrian pathway system may be included throughout the flexible\open space development and may include any one or a combination of sidewalks, pathways and trails that provide reasonable access to all neighborhoods, recreation, shopping, or other destinations within and adjacent to the flexible\open space development. Sidewalks may not necessarily be required on all streets, but may be located in accordance with the overall pedestrian pathway system.
(d) 
Equestrian trails. If the planned residential development is traversed by existing trails easements created for the benefit of equestrian riders, the applicant shall provide for continued equestrian access but may relocate the existing trail easements.
(e) 
Stormwater management facilities shall optimize the capture of stormwater at the sources of generation, maximize recharge to the subsurface and minimize surface water flow. Guidance for stormwater management shall use the most current best management practices such as those published by the American Society of Engineers, Pennsylvania State University or the Commonwealth of Pennsylvania.
(2) 
Architectural design. It is not the intention of the Township to govern specific architectural design nor to link conditional use approval to any specific architectural design criteria.
(a) 
Applicant shall provide drawings illustrating the general character of the intended exterior design, including principal exterior materials, of all structures other than single-family detached dwellings to be built on lands developed under the flexible/open space development option.
(b) 
Where the Board determines that architectural design as presented by applicant is an essential means by which the proposed development complies with the objectives of this article, the Board may require, as a condition of approval, establishment of appropriate means to guarantee general adherence to the intended architectural character.
(c) 
Applicant shall address proposed means of long-term maintenance of exterior building facades and landscaping to the satisfaction of the Board, for example, including where appropriate establishment of covenants and/or homeowners' association documentation. In granting conditional use approval, the Board may establish appropriate conditions to require provision for long term maintenance of exterior building facades and landscaping.
(d) 
In areas where dwelling units other than single-family detached dwellings are to be developed, applicant shall demonstrate to the satisfaction of the Board that the intended architectural character of such dwellings is compatible with the surrounding neighborhood or is adequately screened from view from neighboring properties.
(3) 
Special provisions for conservation of historic resources.
(a) 
Historic resources shall be preserved to the greatest degree practicable, through incorporation into development plans and design, including historic structures, ruins or sites, historic road or other transport traces, paths and trails, and any other historic landscape features. Where any tract proposed for development under the flexible/open space development option includes any historic resources included in the Chester County Historic Sites Survey of 1982, the Upper Uwchlan Township Historical Commission shall be provided copy of the conditional use application and all relevant supporting documentation for review and comment during the same time frame as provided for the Township Planning Commission in accordance with § 200-116B.
(b) 
Density bonus for conservation of historic resources. In addition to the maximum permissible number of lots or dwelling units otherwise permitted on any tract developed under the flexible/open space development option, applicant may provide dwelling units and lots therefor through the renovation or adaptive reuse of structures included in the Chester County Historic Sites Survey of 1982, subject to compliance with the standards in Subsection E(3)(c) below. Except where physically infeasible due to existing locational and/or structural attributes, all such dwelling units must comply with applicable lot and yard area requirements.
(c) 
Standards for historic resources utilized for density bonus. Applicant shall comply with the following standards where renovation or reuse of any applicable historic resource is proposed in order to develop dwelling units in addition to the maximum otherwise permissible:
[1] 
Construction plans for the rehabilitation, alteration, or enlargement of any such historic structure shall be in substantial compliance with the Secretary of the Interior's currently adopted Standards for Rehabilitation, as revised.
[2] 
Authentic period materials and colors or appropriate replication shall be utilized on any portion of any historic structure or enlargement thereof visible from any existing or proposed public right-of-way.
[3] 
Applicant shall demonstrate preservation of sufficient landscaped or buffer area surrounding historic structures to retain the integrity of the historical landscape setting. Applicant may demonstrate mitigation of impacts to historical landscape setting through introduction of vegetation or other screening in harmony with such landscape setting and through retention of view lines which visually link historic structures to their landscape setting.
[4] 
Facilities and equipment for heating/air conditioning, trash collection and compaction, and other structural elements not in keeping with historical architectural themes shall be concealed architecturally or otherwise screened from view.
[5] 
Applicant shall guarantee permanent adherence to these standards through establishment of appropriate easement(s) acceptable to the Township Solicitor, such easement(s) to be conveyed to Upper Uwchlan Township or to a bona fide conservation organization or agency acceptable to the Board of Supervisors.
(4) 
Open space conservation and management criteria. In utilizing the flexible\open space development option, the provisions of § 200-69 of this chapter shall apply.

§ 200-72.1 Adaptive reuse for historic preservation.

[Added 9-19-2016 by Ord. No. 2016-07]
Any existing structure located on a tract where the subject tract and/or any building on such tract is listed in the Historic Resources Inventory of Upper Uwchlan Township, as may be amended from time to time, may be adaptively reused for purposes of viable ongoing preservation of the historic property, subject to the following regulations:
A. 
Adaptive reuse permitted by right.
(1) 
In the C-1, C-2, C-3, LI and PI Zoning Districts. Adaptive reuse opportunities by right, where not already permitted in the underlying base zoning district, may include but are not limited to the following:
(a) 
Multiple-family dwellings subject to the specific requirements set forth in Subsection D(1) below.
(b) 
Home occupation; professional or business office; cultural studio; cultural facility; day-care facility; bed-and-breakfast; and other uses of a similar nature and similar community impact.
(2) 
In the R-1, R-2, R-3 and R-4 Zoning Districts. Adaptive re-use opportunities by right, where not already permitted in the underlying base zoning district, may include home occupation and multiple family dwellings subject to the specific requirements set forth Subsection D(1) below.
B. 
Adaptive reuse permitted subject to conditional use approval. Where approved by the Board of Supervisors as a conditional use in accordance with §§ 200-116 and 200-117 and the standards set forth herein:
(1) 
In the C-1, C-2, C-3, LI and PI Zoning Districts. Multiple-family dwellings subject to the specific requirements set forth in Subsection D(1) below as modified pursuant to Subsection D(2).
(2) 
In the R-1, R-2, R-3 and R4 Zoning Districts:
(a) 
Professional or business office; cultural studio; cultural facility; day-care facility; bed-and-breakfast; and other uses of a similar nature and similar community impact.
(b) 
Multiple-family dwellings subject to the specific requirements set forth in Subsection D(2).
(3) 
In any Zoning District, adaptive reuse of any structure as an additional principal use otherwise permitted pursuant to the base zoning provisions or the additional uses permitted under this section, on the same lot as any other permitted principal use.
C. 
Modifications to area and bulk regulations otherwise in effect. The area and bulk regulations of the district within which the property is located shall apply to both principal and accessory structures, except that otherwise applicable area and bulk regulations may be modified upon review by the Historical Commission and where approved by the Board of Supervisors as a conditional use subject to the following: applicable lot area, lot dimension, or yard requirements for plans affecting adaptive reuse of existing structures and permitted additions or additional structures on historic properties may be modified a maximum of 50%, unless greater modification may be permitted for an existing nonconforming structure. In all cases, such modifications may be permitted to reduce otherwise applicable requirements to the minimum degree necessary to accommodate proposed plan(s) for adaptive reuse.
D. 
Specific requirements for adaptive reuse for multiple-family dwellings.
(1) 
Adaptive reuse for multiple-family dwellings where permitted by right.
(a) 
Each proposed multiple-family dwelling unit shall have a minimum floor area of 600 square feet.
(b) 
Individual dwelling units may be sold as separately owned units, e.g., "condos."
(c) 
Where any elements of the parcel subject to subdivision and land development are to be held in common, including open space and stormwater management facilities, an association shall be formed to manage any such elements, and the declaration of such association shall be subject to review and approval of the Township Solicitor as part of the land development application.
(d) 
Existing structural footprints shall not be extended or enlarged, except to add detached and attached accessory garages, storage areas, outdoor patios and covered terraces. Alterations to existing buildings may also be made to provide for new points of entry to facilitate direct access to individual dwelling units. All such alterations shall be subject to conformance with stormwater management regulation or any other regulation applicable at the time of the proposed alteration(s) and shall be compatible with the historical architectural context of the existing historic structures. Alteration(s) of existing facades may be subject to conditional use approval pursuant to Subsection D(2) below.
(e) 
A landscaped buffer area, providing for a diffused visual screen, of a minimum of 10 feet in width shall be provided along any lot line which abuts a singlefamily detached dwelling. Existing woodlands and hedgerows shall be considered sufficient to meet buffer requirements. The landscaped buffer area may be occupied by reserve sewage disposal areas, utility crossings, access drives, excluding parking areas, or other facilities required for the adaptive reuse of the historical property, excepting buildings.
(f) 
Where a property is located in the C-1 Village District, the Village design guidelines shall apply.
(g) 
Fire Lanes as required by § 200-76 are not required if, as determined by the Township Engineer, adequate fire access exists and is compliant with applicable building and/or fire codes.
(2) 
Adaptive reuse for multiple-family dwellings where permitted subject to conditional use approval:
(a) 
The standards set forth in Subsection D(1) above shall apply.
(b) 
The minimum floor area for any proposed multiple-family dwelling unit may be reduced to 400 square feet.
(c) 
Individual dwelling units may be held in common ownership as rental units.
(d) 
Any alteration(s) to any building façade(s) as viewed from any public street may be permitted subject to conditional use approval upon the recommendation of the Upper Uwchlan Township Historical Commission.