Bethel Township City Zoning Code
ARTICLE VIII
R-3 Planned Residential Development Districts
§ 480-42 Purposes.
The R-3 Planned Residential Development District is hereby established for the following purposes:
A.
To respond to the increasing urbanization and of growing demands for housing of various types and designs;
B.
To encourage innovations in residential development and renewals so that the growing demand for housing may be met by greater variety and type, design and layout of dwelling and by the conservation and more efficient use of open space ancillary to said dwellings;
C.
To provide a procedure which can relate to type, design and layout of residential development to the particular site involved in a manner consistent with the preservation of property values within existing neighboring residential areas;
D.
To encourage a more efficient use of land and of public services through private initiative;
E.
To insure that the increased flexibility of regulations over land development as authorized herein is carried out under such administrative standards and procedures and shall encourage the disposition of land development proposals without undue delays; and
F.
To encourage a pattern of development, which preserves open space, trees, natural topography, prevent soil erosion and provide for parks, playgrounds and recreational areas.
§ 480-43 Administrative.
The administration of the procedures concerning the application for and approval of planned residential developments (PRD) shall be vested solely in the Board of Supervisors; however, all applications for preliminary and final approval of plans for such developments shall be first referred to the Delaware County and Bethel Township Planning Commissions for their review and comment, before the Board of Supervisors considers said plans.
§ 480-44 Conditions to qualify for planned residential development.
A.
Any tract of land shall be in one ownership, or be the subject of preliminary and final applications filed jointly by the owners of the entire land;
B.
All ownership interests in any tract shall be disclosed in the preliminary and final plans;
C.
Ownership interests in adjacent lands shall also be disclosed in the preliminary plans;
D.
If the owner or owners intend to develop said land over a delayed time schedule, said time schedule and plan must be approved by the Board of Supervisors;
E.
In order to qualify under this chapter as a planned residential development (PRD), said development shall provide for a minimum of 50 acres of land.
F.
The land being used to qualify under this chapter shall be located in any area of the Township designated R-3 Planned Residential Development Districts with the following exceptions which shall not be areas where planned residential development shall be permitted:
G.
In order to qualify under this chapter, the tract of land must be served by public water and public sanitary sewer systems.
§ 480-45 Uses permitted.
In all districts designated upon the Zoning Map or in this chapter as R-3, uses permitted in R-1 residential districts shall be permitted and the following:
A.
Individually owned dwelling units as follows:
(1)
Single-family detached homes;
(2)
Single-family semidetached homes;
(3)
Single-family attached homes, which shall be arranged as townhouses and shall provide common areas between and around groups or clusters of houses subject to the provisions of an agreement providing for ownership and maintenance of said common areas as hereinafter provided; the terms of said agreement shall be subject to the approval by the Board of Supervisors.
B.
Open space set aside under this chapter may be used in whole or in part in any of the following ways, subject to approval by the Board of Supervisors:
(1)
Boating and fishing;
(2)
Golf course;
(3)
Hiking and horseback riding;
(4)
Parks;
(5)
Playfields;
(6)
Playgrounds;
(7)
Picnic areas with fireplaces, tables, etc.;
(8)
Ice skating rink;
(9)
Swimming pool;
(10)
Tennis courts;
(11)
Ponds and lakes;
(12)
Woodlands;
(13)
Ski and toboggan runs.
(14)
Athletic fields.
C.
In tracts of land of 200 or more acres, additional uses may be permitted if approved by the Board of Supervisors.
D.
Any property in the R-3 Zoning District which is not part of a planned residential community shall comply with the zoning standards for the R-1 Residential Zoning District.
§ 480-46 Density.
The following standards shall govern the density of dwelling units on the land within a planned residential development (PRD):
A.
Subject also to any other applicable density limitations set forth herein, no more than one dwelling unit shall be permitted for each 20,000 square feet of land of the total tract being considered.
B.
At least 50% of the total tract under consideration shall be set aside and devoted to open space. Said open space shall be planned in accordance with the applicable provisions of this chapter, subject to the approval of the Board of Supervisors.
(1)
The plan for use of open space shall take into consideration the physical characteristics of the natural land, preservation of aesthetic beauty, necessity of recreational areas and facilities in the community, accessibility from the dwelling units in the tract and the effect on surrounding areas of the Township.
(2)
The Board of Supervisors shall have the power and discretion to require unimproved open space areas to be improved prior to completion of the development of said tract or of the development of any stage of said tract if the tract is developed in stages.
(a)
In the case of a planned residential development (PRD) proposed to be developed over a period of time and in stages, a variation in the density of a stage to be developed may be permitted by the Board of Supervisors, subject to the condition that the density and uses as defined in this chapter and as shown on the final plan which is approved by the Board of Supervisors shall not be changed thereafter if the entire tract is not developed in stages, unless approved by the Board of Supervisors.
(b)
There shall be a variety in types of dwelling units in any planned residential development, which variety shall be approved by the board of supervisors.
§ 480-47 Areas and arrangement of housing units.
Within the overall use and density requirements as set forth in §§ 480-45 and 480-46 herein, flexibility in the arrangement of housing units on individual lots, and clusters of single-family detached homes, semidetached homes, and attached homes arranged as townhouses shall be permitted, subject to the following guidelines and the approval of the Board of Supervisors. All PRDs must have public sewer and water.
A.
Single-family detached homes.
(1)
Lot area: not less than 10,000 square feet;
(2)
Lot width: not less than 80 feet;
(3)
Frontage: not less than 25 feet;
(4)
Building area: not more than 20% of lot area;
(5)
Front yard on abutting street: not less than 40 feet in depth;
(6)
Side yards: one on each side of building, together having an aggregate minimum width of 25 feet, but neither being less than 10 feet in width;
(7)
Rear yard: not less than 30 feet in depth.
B.
Single-family semidetached homes and end unit of townhouses:
(1)
Lot area: not less than 8,000 square feet;
(2)
Lot width: not less than 50 feet at the building line;
(3)
Frontage: not less than 50 feet;
(4)
Building area: not more than 30% of lot area;
(5)
Front yard on abutting street: not less than 40 feet in depth;
(6)
Side yards: at least one for each home not less than 15 feet in width;
(7)
Rear yard: not less than 30 feet in depth.
C.
Single-family attached homes: interior lot.
(1)
Lot area: not less than 4,000 square feet;
(2)
Lot width: not less than 20 feet at the building line;
(3)
Frontage: not less than 20 feet at the street line;
(4)
Front yard: not less than 40 feet from an interior road right-of-way of the planned residential development;
(5)
Floor area: not less than 1,200 square feet of habitable floor area;
(6)
Rear yard: not less than 30 feet in depth;
(7)
Height of buildings: not more than 35 feet from ground slab;
(8)
Number of homes: not more than six townhouses in each group or cluster of single-family attached homes;
(9)
No part of a cluster or group of single-family attached homes shall be erected within 150 feet of any other building in the planned residential development. This shall serve as a buffer area between clusters or groups of single-family attached homes and shall be part of the open space of the planned residential development.
(10)
Parking: each single-family attached home shall have three off-street parking spaces, at least one of which shall be in a garage on the premises;
(11)
In no event shall more than 10% of the entire tract be occupied by dwellings;
(12)
The Township shall not be obligated to accept the dedication of streets and/or roads within a planned residential development (PRD), but shall have the option of doing so. The roads and streets within a planned residential development (PRD), however, must conform to all the requirements applicable to the size, design and construction of Township roads and streets.
(13)
Flexibility of development to complement the existing neighboring properties and the Township as a whole is a prime objective of this chapter; the combination of well-designed architecture and site planning in a planned residential development (PRD) is encouraged.
E.
Uses accessory to dwellings:
(1)
Private garage, private parking space.
(2)
Swimming pool, tennis courts for use of family and guests only.
(3)
Private greenhouse and storage buildings for garden tools.
(4)
Stables; barn; shelter for pets, gazebos and applicable in residential districts;
(5)
Living quarters for household employees, caretakers, or watchmen.
(6)
Uses authorized in this chapter as necessary to a dwelling shall not be deemed to include a hospital, clinic, barbershop, beauty parlor, mortuary, other personal service shop, tearoom, hotel or any other similar use.
(7)
The renting of rooms within the same dwelling in which the lessor resides, or in a building accessory thereto for not more than four nontransient persons, with or without the provisions of table board for such persons by special exception.
(8)
Offices of physician, dentist, minister, lawyer, teachers tutoring a maximum of three students at one time, accountant and other similar-type uses, provided that such offices may only be situated in the dwelling of such practitioner, and shall be regularly employed therein, and no colleagues or associates shall use such office. Approval for these accessory uses must be granted by special exception of the Zoning Hearing Board.
§ 480-48 Open space.
A.
Areas set aside for open space under this chapter shall be consistent with the Comprehensive Plan of the Township for future land use. Any such areas shall not contain any structure other than one related to a recreational use as provided by § 480-45B, within the planned residential development (PRD), common open space shall be set aside for the use and benefit of the residents in the planned residential development (PRD).
B.
The deed or deeds to any land set aside as open space must contain a restriction, in a form acceptable to the Board of Supervisors, to be duly recorded in the Office for Recording of Deeds, in and for Delaware County, eliminating the possibility of further subdivision of said open space in the future. All persons or corporations with an interest in said tract must agree in writing to said restrictions, including all mortgages.
C.
The developer of a planned residential development (PRD) shall make adequate provision for the ownership and continuing maintenance of open space and improvements thereon by the establishment of a homeowner's organization which is approved by the Board of Supervisors. Such homeowners organization shall not be dissolved nor shall it dispose of any or all of the open space in any manner whatsoever, except to a separate organization of homeowners conceived and established to own and maintain said open space. Nothing contained herein, however, shall preclude all or parts of the open space from being dedicated to the public by the acceptance of a deed of dedication by the Board of Supervisors, at their sole discretion.
D.
The developer of a planned residential development (PRD) shall submit full details concerning the proposed homeowner's organization, its powers, rights, duties, responsibilities, etc., in regard to ownership, maintenance, etc. of the common open space, which shall be subject to approval by the Board of Supervisors. The Board of Supervisors without such prior approval shall approve no final plan.
§ 480-49 Application for preliminary approval of planned residential development.
A.
An application for preliminary approval of a planned residential development (PRD) by the Board of Supervisors shall be filed and signed by the owner or owners of all the land contained in the tract and shall be accompanied by a fee of $50 per dwelling unit in said application.[1] Said application shall be filed with the Township Secretary.
[1]
Editor's Note: Pursuant to Ord. No. 208, adopted 10-14-2014, fees established by ordinance can be amended from time to time by resolution of the Board of Supervisors. The current fees are on file in the Township offices.
B.
An application for preliminary approval of a planned residential development (PRD) shall be informative and shall contain a detailed plan consisting of the following:
(1)
The location, size and topography of the entire tract and adjacent properties, including a detailed site analysis which must include existing slopes (topography), vegetation, floodplain areas, soil erosion, existing man-made facilities and adjacent land use;
(2)
The nature and interest of any and all owners of all adjacent neighboring tracts of land;
(3)
The density of land use to be allocated to parts of the tract to be developed;
(4)
The specific details of the proposed homeowners organization created to own, homeowner's agreements, etc., concerning ownership and maintenance of said maintain and improve the open space, along with the proposed deed, restrictions, open space;
(5)
The specific location of public water and public sanitary sewer lines;
(6)
The use, dimensions, location, architectural design, and elevations of all buildings and structures, including architectural schematics;
(7)
The covenants, restrictions, grants of easements of any other restrictions to be imposed on the use of land, buildings, and structures, including the location of the proposed easements for public utilities;
(8)
The provisions for parking of vehicles and the location and width of all proposed streets and public and/or private rights-of-way;
(9)
The existing zoning applicable to said tract;
(10)
The specific uses of the open spaces, and the condition of said open space at such time it is turned over to the homeowners' organization, and the proposed date or dates thereof;
(11)
In the event that the application for preliminary approval calls for a development of the entire tract over a period of time, the time schedule proposed for such development, as well as a time schedule showing approximately when applications for final approval of all sections will be filed; all such time schedules shall be updated annually until development is completed and accepted, and shall be changed only with the approval of the Board of Supervisors.
C.
The application for preliminary approval of a planned residential development (PRD) shall include a written statement by the landowner or owners setting forth the reasons why in his opinion, a planned residential development (PRD) would be in the public interest and would be consistent with the Comprehensive Plan for the development of the Township.
§ 480-50 Application for final approval of planned residential development.
A.
An application for final approval shall be for all the land included in a development plan. Said application shall be made to the Township and within the time or times specified by the official written communication granting preliminary approval. The application shall include any drawings, specifications, covenants, easements, performance bond, and such other requirements as may be specified by this chapter as well as any conditions set forth in the official written communication from the Board of Supervisors at the time of preliminary approval, or by the subdivision and sanitary sewer ordinances, or by the ordinance and regulations of Bethel Township, as amended as of the date of application.
B.
Plans submitted for final approval of a planned residential development (PRD) shall be prepared in accordance with the requirements for final subdivision plans not inconsistent herewith.
C.
The design of streets, sewers, storm drainage, sidewalks, curbing, and all public improvements shall be in strict accordance with the Bethel Township building, zoning, subdivision, and other applicable ordinances consistent herewith.
D.
The Bethel Township ordinances, as amended, shall govern the construction and acceptance of all public improvements including the provisions for requirement of performance and maintenance bonds.
E.
The planned residential development (PRD) ordinance and all applications for preliminary and final approval of a planned residential development shall be interpreted by the Board of Supervisors in relation to the Comprehensive Plan of Bethel Township, as amended from time to time.