Accessory uses authorized in this chapter shall
include the following, and uses of the same general character:
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,[1] 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.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
(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,[2] 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]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(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.
(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 ridgeline.
(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.
[Amended 1-17-2006 by Ord. No. 06-01]
(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.
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.
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 § 200-73. An area for the discharge and pickup of children shall be provided which is removed from both the parking and ingress/egress for the site.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
The facility shall be licensed by the applicable departments
of the Commonwealth of Pennsylvania and their regulations.
[Amended 3-19-2018 by Ord. No. 2018-05]
A.
Group homes are permitted by right in the R-1, R-2, R-3, R-4 and
C-1 Districts.
B.
A group home consists of a maximum of four unrelated persons occupying
a dwelling unit if said occupants are handicapped persons as defined
in Title VIII of the Civil Rights Act of 1968, as amended by the Fair
Housing Amendments Act of 1988. Such unrelated individuals shall have
the right to occupy a dwelling unit in the same manner and to the
same extent as any family as defined in this chapter.
C.
In any case where an applicant seeking a zoning permit for a group
home requests a reasonable accommodation pursuant to the provisions
of the Federal Fair Housing Act,[1] a written application shall be filed with the Zoning Officer,
who is hereby empowered to grant such accommodation subject to the
provisions of the Federal Fair Housing Act.
[1]
Editor's Note: See 42 U.S.C. § 3601 et seq.
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.
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:
[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.
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:
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.
[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, and planned residential development). For the purposes of this chapter, common open space shall be considered a subset of restricted open space, as defined in § 200-7.
[Amended 7-18-2022 by Ord. No. 2022-02]
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.
(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, tree lines, hedgerows, fence lines, 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, tree lines, 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:
[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:
(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.
(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:
(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.[1]
[1]
Editor's Note: See 68 Pa.C.S.A. § 5101 et seq.
(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.[2] 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.
[2]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
(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 A 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.
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.
C.
Design standards.
(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).
[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.
[Amended 1-17-2006 by Ord. No. 06-01]
(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]
(d)
Recreational facilities.
(e)
Senior living facility, which shall be considered a commercial
use for purposes of compliance with the planned residential development
requirements of this section.
[Added 1-16-2018 by Ord.
No. 2018-01]
(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, which may include one senior
living facility. At the discretion of the Board, lands devoted to
commercial uses may be increased up to 15% of the total land area
of the planned residential development.
[Amended 1-16-2018 by Ord. No. 2018-01]
(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:
(3)
(4)
(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 C(6)(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:
(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:
(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 sixty-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
tract 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-way, 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
and the nature of the applicant's interest in the land propose to
be developed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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.
[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.
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:
(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:
(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)[1] 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 Section 513(a) of the MPC and
post financial security in accordance with Section 509 of the MPC.[2]
(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[3] 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.
[3]
Editor's Note: See 53 P.S. § 10508.
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,[4] 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 Magisterial
District Judge. 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 Magisterial District Judge
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 Magisterial District Judge, 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.
[4]
Editor's Note: See 53 P.S. § 10701 et seq.
(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.
[Added 7-18-2022 by Ord. No. 2022-02[1]]
Subdivisions approved prior to the date of enactment of this
amendment using the flexible/open space development option (previously
found in repealed § 200-72) may be completed in accordance
with the final approved subdivision and land development plan, subject
to the provisions in the Pennsylvania Municipalities Planning Code.
After issuance of the first occupancy permit for an individual lot
in a subdivision designed and approved as a flexible/open space development,
future development of an individual lot shall comply with repealed
Zoning Ordinance § 200-72D or the requirements of the approved
final plan, whichever are more restrictive. Except as expressly set
forth in this section, future development of said individual lots
shall comply with all applicable ordinances, statutes, and regulations
of the Township and other governmental entities in effect at the time
of future development.
[1]
Editor's Note: This ordinance also repealed former § 200-72,
Flexible/open space development option, added 10-6-1997 by Ord. No. 97-07, as 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; 12-2-2002 by Ord. No. 02-06; 5-17-2004 by Ord. No.
04-02A; 1-17-2006 by Ord. No. 06-01; and 7-18-2016 by Ord. No. 2016-06.
[Added 9-19-2016 by Ord.
No. 2016-07; amended 6-15-2020 by Ord. No. 2020-01]
Any identified historic structure located on a tract 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-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:
[Amended 4-17-2023 by Ord. No. 2023-02]
(a)
Home occupation; professional or business office; cultural studio;
day-care center; 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 reuse opportunities by right, where not already permitted in the underlying base zoning district, may include home occupation and no-impact home-based businesses subject to the specific requirements set forth in § 200-62B(4).
B.
Adaptive reuse permitted subject to conditional use approval upon review and recommendation of the Upper Uwchlan Township Historical Commission. 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:
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:
(1)
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.
(2)
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)
Each proposed multiple-family dwelling unit shall have a minimum
floor area of 600 square feet unless a reduction in floor area to
not less than 400 square feet is approved by conditional use approval.
(2)
Individual dwelling units may be sold as separately owned units,
e.g., condos, or may be held in common ownership as rental units.
(3)
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.
(4)
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
as viewed from any public street shall be subject to conditional use
approval upon the review and recommendation of the Upper Uwchlan Township
Historical Commission.
(5)
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 single-family 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.
[Added 10-17-2022 by Ord. No. 2022-06]
Outdoor dining may be permitted as an accessory use to a restaurant
in the C-1 and C-3 Zoning Districts subject to the following criteria:
A.
An area
which is on the sidewalk, patio or deck which directly abuts the restaurant
may be used for the purpose of furnishing food and beverages outside
to the patrons of the restaurant.
B.
The
outdoor dining area must be a minimum of 50 feet from any boundary
of a lot used for a residential use or zoned residential. The outdoor
dining area must be a minimum of 10 feet from any lot used for a commercial
use or zoned commercial.
C.
The
outdoor dining area must be separated from all parking areas, streets
or driveways by a barrier which is at least four feet in height and
no higher than six feet in height. The barrier must prevent patrons
of the restaurant from exiting directly onto the parking area, street
or driveway adjacent to the outdoor dining area and instead must require
the patrons of the restaurant to exit the outdoor dining area in a
safe manner, either onto a sidewalk or through another means of ingress
and egress which is approved by the Township. The barrier may be a
fence, wall, or another suitable barrier approved by the Township
which will prevent a hazardous condition and protect the health and
safety of the outdoor diners from vehicular traffic on adjacent parking
areas, streets or driveways.
D.
The
area used for outdoor dining must not block any off-street parking,
access driveways, accessible walkways, fire lanes or loading areas.
E.
Prior
to serving food or beverages outdoors, the restaurant must obtain
all necessary permits from all governmental and municipal agencies
having jurisdiction, including but not limited to the Chester County
Health Department and Liquor Control Board.
F.
If entertainment
is provided in the outdoor dining area, any amplified sound must meet
the Township noise regulations and cease by 9:00 p.m. on weekdays
and 10:00 p.m. on weekends.
G.
The applicant must demonstrate that there is sufficient off-street parking for the area used for outdoor dining based on the requirements in § 200-73H.
H.
The
applicant must demonstrate that by adding additional seating outdoors,
they have sufficient sewer capacity.
I.
The
restaurant shall stop serving customers on or before 10:00 p.m., prevailing
time, and clear all tables of food, beverages and customers on or
before 11:00 p.m., prevailing time.
