Statement of intent.
The residential cluster design option has been created to:
A. Provide a viable alternative to large lot, conventional residential development;
B. Allow residential uses to be designed in a way that productive agricultural soils are preserved for continued or future agricultural use;
C. Prevent continued suburban sprawl by encouraging the clustering of residential units on relatively small lots;
D. Protect and preserve environmentally sensitive areas, such as wetlands, floodplains, steep slopes, agricultural soils, and woodlands to the best extent possible, and, where practicable, minimize intrusion into such environmentally sensitive areas.
E. Provide greater efficiency in the siting of services and infrastructure by reducing the lengths of roads, the amount of paving required for residential development and the amount of sewer and water infrastructure; and
F. Promote neighborhood development by utilizing common recreation areas and emphasizing residential/village design concepts that create a vibrant and enthusiastic neighborhood life.
Applicability.
The clustering of single-family detached and/or single-family semidetached dwelling units, pursuant to the terms of this
Article XV: Residential Cluster Design Option, shall be required in the Low-Density (R-1) Residential Zoning District and in the High-Density (R-2) Residential Zoning District for any development containing 25 or more dwelling units to be developed on a tract with a net area of 25 or more contiguous acres. Further, all developments utilizing the residential cluster design shall fully comply with the provisions of this
Article XV: Residential Cluster Design Option and the relevant provisions of
Article XVII: Supplemental Use Regulations. Clustering shall be available only for single-family detached, single-family semidetached, and single-family attached residential dwelling uses.
Tract requirements.
The following tract requirements shall apply.
A. Net tract area. A tract must have a minimum net tract area of five contiguous acres.
B. Ownership. The proposed tract shall be held in single and separate ownership, or in the case of multiple ownership, the tract shall be developed according to a single plan with common authority and common responsibility.
C. All cluster development shall be connected to public water and sewer facilities or alternative facilities, when permitted by Zoning Ordinance
§ 200-15.1: Public sewer and water.
Permanent protection of common open space.
Whenever the landowner is providing common open space as part of the development, a conservation easement restricting the common open space in perpetuity against further subdivision or development shall be executed between the landowner and the county or a qualified land conservancy acceptable to the Township. If neither the county nor a qualified land conservancy is available or willing to hold a conservation easement on required common open space, the conservation easement may be granted to the Township. Deed restrictions may also be used in certain applications, in accordance with Subsection B, below.
A. Conservation easements. Conservation easements are required to protect open space from further subdivision and development and to conserve the natural resources of such lands. Conservation easements shall conform to the following minimum requirements:
(1) Where the easement is granted to a land conservancy, the land conservancy shall meet the requirements of Zoning Ordinance
§ 200-98A(3). The grantee shall have the rights of reasonable entry and enforcement.
(2) The property made subject to the conservation easement shall be described by metes and bounds, by an exhibit containing the subdivision plan and designating the property, and photographs which illustrate the nature and character of the property and any special environmental features identified by the Township during the subdivision or land development process.
(3) Grantors shall declare that the terms of the easement shall run with the land and bind the property in perpetuity for the benefit of the grantee.
(4) The uses of property subject to the conservation easement shall be limited by the permitted uses defined by Zoning Ordinance
§ 200-95: Permitted uses. The following use restrictions shall also apply:
(a) The property shall not be further subdivided into additional building lots.
(b) Construction shall be permitted only in areas specifically designated in the property description and approved by the Township. The determination of the need for any additional disturbance shall lie with the Township.
(c) Permitted construction activities, including cutting and removing of trees and other vegetation, shall be permitted only in compliance with the common open space management plan required in Subdivision and Land Development Ordinance
§ 170-20B(13).
(d) Signs, fencing and dumping shall be restricted in consistency with the permitted uses and common open space management plan.
(5) The terms and restrictions of the conservation easement shall be approved by the Township which shall be guided by the objectives set forth in the New Garden Township Comprehensive Plan (2005); the New Garden Township Open Space, Recreation and Environmental Resources Plan (1993); the New Garden Township Greenways Plan and Phelps Property Plan (2009); as well as the common open space management plan for the property.
(6) Provisions pertaining to remedies, liability, indemnification and other relevant subjects shall be approved by the grantor, the governing body and the authorized representative of the grantee before final approval of the development plan by the governing body.
B. Deed restrictions. Deed restrictions may be used in the place of conservation easements only under the following circumstances and in accordance with the following standards:
(1) When common open space totals less than five acres, a deed restriction may be used.
(2) If no entity is available or willing to hold a conservation easement on required common open space, a deed restriction may be used.
(3) The Township shall be party to the deed restriction. The deed restriction shall be used only if approved by the municipality. If the municipality does not agree to be party to the restriction, no deed restriction shall be used.
(4) Restrictions meeting municipal specifications shall be placed in the deed for each lot with common open space. The deed restriction shall ensure the permanent protection and continuance of the common open space and shall define permitted uses.
(5) It shall be clearly stated in the individual deeds that maintenance responsibility for the common open space lies with the property owner.
Permitted uses.
A. Uses by right. Within a residential cluster development, a building may be erected, altered, or used, or a lot or premises may be used, by right, for only one of the following purposes:
(1) Single-family detached dwelling.
(2) Single-family semidetached (twin) dwelling only when permitted by the underlying zoning district.
(3) Conservation of open land in its natural state.
(4) Raising of agricultural/farm products and outdoor agricultural uses (i.e., crop farming) and the raising of livestock and related accessory buildings. Specifically excluded are commercial and intensive feedlot and livestock operations involving swine, poultry, mink, and other animals likely to produce highly offensive odors and indoor agriculture.
(5) Pastureland for horses used solely for noncommercial recreational purposes. Equestrian facilities shall be permitted but shall not consume more than 50% of the required common open space, nor more than 5% of the maximum coverage, based on the common open space net area.
(6) Forestry in keeping with established best management practices for selective harvesting and sustained yield forestry as published by the Pennsylvania Bureau of Forestry.
(7) Village greens, central commons, picnic areas, community gardens, trails and similar low-impact, passive recreational uses.
(8) Active noncommercial recreation areas, such as playing fields, playgrounds and bikeways, not requiring supporting structures in accordance with
§ 200-96F(3).
(9) Noncommercial recreation areas, such as playing fields, courts, swimming pools or picnic areas, requiring supporting structures, and their parking areas, in accordance with
§ 200-96F(4).
(10) The total area of water supply systems, sewage disposal systems, stormwater management systems and associated easements, in accordance with
§ 200-96F(5).
(11) Stormwater Management Systems in accordance with
§ 200-96F(6).
(12) Easements or rights-of-way for overhead power lines, in accordance with
§ 200-96F(7).
(13) Accessory building and structure, residential.
B. Conditional uses. Only one of the following uses may be permitted per lot as a conditional use within a residential cluster development when authorized by the Board of Supervisors, subject to the standards set forth in this section and
Article XIX: Administration of this chapter:
(1) Single-family attached (townhouse) dwelling only when permitted by the underlying zoning district. For purposes of this article, groups of no more than four attached townhouse units shall be permitted.
(2) Accessory use on the same lot with and customarily incidental to any permitted use.
Area, bulk, and height requirements.
The following area, bulk and height standards shall apply to all uses in residential cluster development.
A. Tract density.
(1) Maximum density. The maximum density shall be determined by dividing the net tract area by the minimum lot size permitted in the underlying zoning district.
(2) Density bonus. Density bonus may be obtained when property is dedicated to the Township according to the following regulations:
(a) The property proposed for dedication shall be subject to acceptance by the Township, in the Township's sole discretion.
(b) For each such acre accepted by the Township for dedication, the applicant shall receive a minimum of one additional dwelling unit, and no more than two additional dwelling units for the proposed development subject to the foregoing. The density bonus, if any, shall be determined by the Board of Supervisors in their sole discretion.
(c) No density bonus shall be allowed for any lands compromising part or all of the required open space for the development.
(d) Land accepted by the Township in accordance with this section may be used for any purpose as determined by the Township in its sole discretion, and shall not be accessible for use by the general public or the property owners of the development, unless specifically authorized by the Township.
(e) The Township has the absolute right to refuse any offer for the dedication of land, in which event, no density bonus shall apply.
(f) The density bonus provision set forth in this section shall apply exclusively to the residential cluster development and, if utilized, shall not entitle the applicant to additional density bonus under
Article XI: Unified Development District of this chapter (Unified Development District) (e.g., an applicant shall not be entitled to density bonus under this section as well as the density bonus under the Unified Development District provisions of this chapter).
(g) Compliance with standards of underlying zoning district. Unless specifically set forth in this
Article XV: Residential Cluster Design Option, all development utilizing the cluster design option of this chapter shall fully comply with the area and bulk standards and other requirements of the underlying zoning district where such proposed development is located.
B. See
§ 200-96B for Lot Standards for Single-Family Detached and Single-Family Semidetached dwellings.
C. Building coverage. The maximum area of any given lot covered by buildings shall be 30% of said lot.
D. Lot coverage. The maximum amount of impervious surface on any given lot shall be 50% of the total lot area.
E. Height regulations. Where applicable, all proposed residential cluster units shall adhere to the height requirements in
Article XIII: Airport Hazard Zone, but in no way shall exceed 40 feet or three stories in height, whichever is less. Height shall be measured from the lowest point within the unit(s) including basements.
F. Common open space. Common open space shall be provided according to the following:
(1) The development shall contain minimum common open space equal to 50% of the net tract area of the tract plus all constrained lands, and shall comply with the requirements of
§ 200-98: Open space requirements.
(2) At least 3% of the common open space shall be in the form of common greens.
(3) Active noncommercial recreation areas shall meet the following standards:
(a) Such areas shall not consume more than 50% of the minimum required common open space or five acres, whichever is less. The five-acre limit may be increased to 10 acres on development parcels 200 acres or larger.
(b) Playing fields and playgrounds shall not be located within 100 feet of the tract boundary or a dwelling unit within the development parcel.
(c) Where parking facilities are required, such lots may be paved with gravel and shall be unlighted, properly drained and provide safe ingress and egress.
(4) Active noncommercial recreation areas requiring supporting structures such as courts, swimming pools or picnic areas requiring supporting structures, and their parking areas, are permitted uses, but shall not count toward the minimum required common open space, unless dedicated to the Township. Active noncommercial recreation areas not requiring supporting structures including playing fields may count toward the minimum required common open space. Structures shall be de minimus to the activity. Parking areas may be paved with gravel and shall be unlighted, properly drained and provide safe ingress and egress.
(5) Where alternatives to public sewer and/or public water are provided, in accordance with Zoning Ordinance,
§ 200-15.1: Public sewer and water., the total area of water supply systems, sewage disposal systems, stormwater management systems and associated easements, may occupy up to 20% of the minimum net area required in the common open space. The following standards shall apply:
(a) Water supply systems.
[1] Drainage easements for water lines may be counted toward the minimum common open space requirement.
[2] Land used for ground-level well structures and associated parking exceeding 5,000 square feet shall not count toward the minimum common open space requirement.
(b) Sewage disposal systems.
[1] Sewage treatment lagoons, structures, structure access areas and parking lots shall not count toward the common open space requirement.
[2] Sewage disposal areas shall be appropriate for active or passive recreation, or managed as meadows, and may be counted toward the minimum common open space requirement.
[3] Absorption fields serving individual dwelling units may be located in the common open space, but individual treatment tanks shall be located within the lots they serve.
[4] Drainage easements for sewer lines may be counted toward the minimum common open space requirement.
(6) The following stormwater management practices may be counted towards the minimum common open space requirement, provided that they meet the guidelines in the Pennsylvania Stormwater Best Management Practices Manual:
(a) Infiltration basin, provided that the berms do not exceed 36 inches in height.
(b) Subsurface infiltration bed.
(c) Infiltration trench.
(d) Rain garden.
(e) Vegetated swale.
(f) Infiltration berm, provided that the berms do not exceed 24 inches in height.
(7) Easements or rights-of-way for overhead power lines may be located in, but shall not count toward the minimum common open space requirement.
Design standards.
All residential cluster development shall adhere to following design standards:
A. Landscaping. Residential cluster development shall incorporate landscaping according to the standards outlined in
§ 200-101: Landscaping. The applicant shall prepare a landscape plan as part of this requirement.
B. Screening. A residential cluster development shall be screened from adjacent properties or developments according to the standards in
§ 200-100: Screening if natural features are not available.
C. Pedestrian access. Residential cluster development shall be designed to encourage and promote pedestrian travel and access in accordance with § 200-105. In addition, no more than 15 lots shall be contiguous to each other without a centrally located access point to the common open space. The width of the access strip shall be no less than 50 feet and shall extend the full depth of the adjacent lots.
D. Vehicular access and traffic controls. Vehicular access and traffic controls for residential cluster development shall be designed according the standards set forth in
§ 200-102: Vehicular access and traffic controls.
E. Interior circulation. Residential cluster development shall adhere to the interior circulation standards established in
§ 200-103: Interior circulation.
F. Lighting. Lighting of residential streets, recreation areas and pedestrian walkways shall be designed according to the standards outlined in
§ 200-106: Lighting.
G. Residential off-street parking. Residential cluster development shall comply with the residential off-street parking standards established in
§ 200-108: Residential off-street parking requirements.
H. Natural resource protection. Residential cluster development shall comply with Zoning Ordinance
Article XXII: Natural Resource Protection.
I. Design standards for common open space. The residential cluster development shall adhere to the standards in Subdivision and Land Development Ordinance
§ 170-49.1B.
Open space requirements.
A. Ownership options for common open space. The following methods may be used, either individually or in combination, to own common facilities and common open space. Common open space shall not be transferred to another entity except for transfer to another method of ownership permitted under this section, and then only when there is no decrease in the total common open space. Ownership methods shall conform to the following:
(1) New Garden Township.
(a) Fee simple dedication to the Township. The Township may, but shall not be required to, accept dedication of any portion of the common open space, provided that:
[1] There is no cost of acquisition to the Township; and
[2] The Township agrees to and has access to maintain such common open space.
(b) Dedication of easements to New Garden Township. The Township may, but shall not be required to, accept dedication of easements for public use of any portion of the common open space. In such cases, the facility remains in the ownership of the community association, or private conservation organization, while the Township holds the easements. In addition, the following regulations shall apply:
[1] There shall be no cost of acquisition to the Township;
[2] Any such easements for public use shall be accessible to the residents of the Township; and
[3] A satisfactory maintenance agreement shall be reached between the owner and the Township.
(2) Community association. Common open space and common facilities may be held in common ownership for the use of all residents of the subdivision or land development and shall thereby be controlled and maintained by a community association. Community association documents shall be in compliance with the Pennsylvania Uniform Planned Community Act (as to a homeowners' association document) or the Pennsylvania Uniform Condominium Act (as to a condominium association document), as the case may be. The community association document shall include, but not be limited to, the following:
(a) A description of the common open space to be owned by the community association. This description shall include a plan of the proposal highlighting the precise location of all aspects of the common open space;
(b) Statements setting forth the powers, duties, and responsibilities of the community association, including the services to be provided;
(c) A declaration of covenants, conditions, and restrictions (declaration), giving perpetual easement to the lands and facilities owned by the community association. The declaration shall be a legal document providing for automatic membership for all owners in the subdivision or land development and shall describe the mechanism by which owners participate in the community association, including voting, elections, and meetings. The declaration shall give power to the community association to own and maintain the common open space and to make and enforce rules;
(d) Statements prescribing the process by which community association decisions are reached and setting forth the authority to act;
(e) Statements requiring each owner within the subdivision or land development to become a member of the community association;
(f) Statements setting cross covenants or contractual terms binding each owner to all other owners for mutual benefit and enforcement;
(g) Requirements for all owners to provide a pro rata share of the cost of the operations of the community association;
(h) A process of collection and enforcement to obtain funds from owners who fail to comply;
(i) A process for transition of control of the community association from the developer to the unit owners;
(j) Statements describing how the common open space of the community association will be insured, including limit of liability;
(k) Provisions for the dissolution of the community association;
(l) Agreements for the maintenance of stormwater management facilities; and
(m) Agreements for the maintenance and operation of water supply and wastewater treatment facilities.
(3) Private conservation organization or Chester County. With permission of the Township, an owner may transfer either fee simple title of the common open space or easements on the common open space to a private nonprofit conservation organization or to Chester County, provided that:
(a) The conservation organization is acceptable to the Township and is a bona fide conservation organization intended to exist indefinitely;
(b) The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization or Chester County becomes unwilling or unable to continue carrying out its functions;
(c) The common open space is permanently restricted from future development through a conservation easement and the Township is given the ability to enforce these restrictions; and
(d) A maintenance agreement acceptable to the Township is established between the owner and the organization or Chester County.
(4) Private ownership of conservancy lots. Up to 80% of the required common open space may be located within one or more privately owned conservancy lots of at least 10 acres, provided that:
(a) The common open space is permanently restricted from future subdivision and development through a conservation easement, except for those uses listed in Zoning Ordinance
§ 200-95: Permitted uses.
(b) The easement provides the Township the right, but not the obligation, to enforce these restrictions.
B. Management plan.
(1) Unless otherwise agreed to by New Garden Township, the cost and responsibility of maintaining common open space shall be borne by the property owner, community association, or conservation organization.
(2) The applicant shall, at the time of preliminary plan submission, provide a plan for management of common open space in accordance with
§ 170-20B(13) of the Subdivision and Land Development Ordinance.
C. Remedy. Failure to adequately maintain the common open space in reasonable order and condition in accordance with the development plan constitutes a violation of this Zoning Ordinance.
(1) In the event that the organization established to maintain the common open space, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the Township may serve written notice upon the owner of record, setting forth the manner in which the owner of record has failed to maintain the common open space in reasonable order and condition, and may direct the owner to remedy the same within 30 days.
(2) Upon default by any owner or other entity responsible for maintenance of common open space, where such maintenance is necessary to abate a nuisance, emergency, hazard or other condition threatening persons or property or the public health, safety or welfare, the Township may, but shall not be obligated to, take the following actions:
(a) Upon 30 days' advance written notice to the owner or entity responsible for such maintenance (or any lesser number of days as may be specified in the notice in instances of emergency) and the failure of such owner or entity to perform the necessary maintenance and remedy the condition set forth in the notice, the Township may enter upon the common open space to correct the condition. If the Township is forced to assume responsibility for maintenance, any escrow funds may be forfeited and any permits may be revoked or suspended.
(b) Any and all costs incurred by the Township in connection with such notice and maintenance shall be paid by the owner or responsible entity within 10 days after written demand by the Township. Upon failure of the owner or responsible entity to pay such costs in the time required, there shall be added thereto interest at the rate of 15% per annum, a fee of 20% of maintenance expenses incurred by the Township as an administrative fee as well as all costs and attorney's fees incurred by the Township in collection thereof.
(c) All such costs of maintenance, remediation, administration, notices, and collection, including court costs and attorney's fees, shall constitute a municipal lien and be enforceable as such against the owner or responsible entity. Where the responsible entity is a community association, the municipal lien shall be enforceable against each unit owner. Notice of such lien shall be filed by the Township in the office of the Prothonotary of Chester County.
(d) Where the responsible entity is a community association, the community association document shall provide that in the event the community association fails to reimburse the Township within 30 calendar days of receipt of a written bill for such assessment, or if funds from the community association are insufficient to fully reimburse the Township, the Township shall have the right, after first providing written notice to the community association and the unit owners, to assess the unit owners directly for their proportionate share of such cost of deficiency. Such assessment shall be assessed ratably against the unit owners and shall become a municipal lien on such units from the time such lien may be filed by the Township. If a lien is placed by the Township against owners because of the failure of the community association, or any successor organization to maintain the common open space as provided herein, the Township shall, upon conveyance of a unit, or securing any home equity loan by any unit owner, release its lien as to the affected unit upon payment of the amount due which was ratably assessed to that unit.
