Birmingham Township
City Zoning Code
City Zoning Code
ARTICLE XVI
Lot Averaging and Cluster Development
§ 122-80 Purposes.
A.
In addition to the general goals listed in the statement of purposes and community development objectives, it is the purpose of this article to foster the protection of critical natural resources, such as streams, floodplains, wet soils, steep slopes, woodlands and wildlife habitat areas, and to conserve open space areas within residential subdivisions, as well as, where subdivisions shall be of sufficient size, to provide commonly owned open space areas for passive and/or active recreational use by residents of such subdivisions. By providing for lot averaging in relatively small subdivisions and cluster development in relatively large subdivisions, as conditional uses, paved areas may also be reduced, resulting in a lesser increase in stormwater runoff, as well as a reduction in subdivision improvement costs.
B.
In addition, by providing for lot averaging and cluster development as conditional uses, it is the specific goal of the Township to minimize the potential adverse aesthetic effects of land development on the Township as a whole and on neighboring property owners in particular, by encouraging the use of site planning which will limit the visual impact of development from the vantage point of surrounding properties and nearby public roads and minimize adverse impact on adjacent subdivisions and properties devoted to agricultural uses.
§ 122-81 Eligibility.
As a conditional use in the R-A, R-1, R-2 and E-I Zoning Districts, a property owner may be allowed to modify area and bulk regulations, provided that the following procedures and conditions are met:
A.
Where the gross area of the tract to be subdivided is less than 15 acres, the tract shall be eligible for development utilizing lot averaging provisions hereof only, with no common open space. Where the gross area of the tract to be subdivided is at least 15 acres but less than 30 acres, the tract (unless located in an R-A District, in which event it shall be eligible for farmside village development in accordance with § 122-16) shall be eligible for development utilizing either lot averaging provisions with no common open space or cluster development with common open space. Where the gross area of the tract to be subdivided is 30 acres or greater and the tract Is located in the R-1, R-2 or E-I Districts, the tract shall be eligible for development utilizing cluster development provisions hereof (but not lot averaging provisions) with common open space.
B.
The total number of lots for tracts utilizing lot averaging or cluster development shall be determined by:
(1)
Subtracting the following areas or portions thereof from the gross acreage of the tract: 100% of the area within existing and proposed street rights-of-way, 60% of the area within an identified floodplain area and/or within a wetland area, 50% of the area having slopes in excess of 25%. Where two or more of such conditions overlay, the reduction shall be based only upon the singlemost limiting factor.
[Amended 7-10-2017 by Ord. No. 17-02]
C.
The site shall be suitable for development in the manner proposed without hazards to persons or property on or off the site due to flooding, erosion, subsidence or slipping of the soil or other dangers or inconvenience. Conditions of soil, groundwater level, drainage and topography shall be compatible with the proposed site design.
D.
Conditional use approval shall not be granted unless planning, including layout of streets and lots and, in cluster developments, the layout of common open space areas, shall be, in the judgment of the Board of Supervisors, in compliance with the purposes and standards of this article.
E.
In granting or denying a conditional use or establishing conditions on such grant, the standards set forth § 122-119, where relevant, shall be applied. The burden of establishing compliance with such standards shall be upon the applicant. In addition, the following specific design standards shall be applicable:
(1)
Parking: as required by § 122-102A(2) of this chapter.
(2)
Access and highway frontage: as required by § 122-102B(1) of this chapter.
F.
In the R-2 Zoning District, either central water supply or central sewage disposal must be provided.
§ 122-82 Area and bulk regulations.
A.
For subdivisions utilizing lot averaging. The following minimum area and bulk regulations shall be applicable to subdivisions utilizing the lot averaging provisions of this article:
Regulation | On-Site Water and Sewage | Community Water or Sewage | Community Water and Sewage |
|---|---|---|---|
Lot size R-A (square feet) | 40,000 | (Not applicable) | (Not applicable) |
Lot size R-1 and E-I (square feet) | 40,000 | 30,000 | 20,000 |
Lot size R-2 (square feet) | (Not applicable) | 30,000 | 20,000 |
Lot width (feet) | 150 | 125 | 100 |
Lot coverage, maximum (percent) | 20 | 24 | 28 |
Front yard (feet) | 60 | 45 | 40 |
Side yards | |||
Aggregate (feet) | 60 | 45 | 40 |
Minimum (feet) | 25 | 20 | 20 |
Rear yard (feet) | 601 | 501 | 501 |
Accessory structures (other than swimming pools, tennis courts and paddle tennis courts) (feet) | 152 | 152 | 152 |
Minimum green space [Added 12-15-2003 by Ord. No. 03-07] | 80% of net lot area | 76% of net lot area | 72% of net lot area |
NOTES: 1Unless the lot is a reverse frontage lot, in which event the requirement of § 122-102B(1) shall apply. 2Minimum distance from a side or rear property line. | |||
B.
For subdivision utilizing cluster development.
(1)
The following minimum area and bulk regulations shall be applicable to subdivisions utilizing the cluster development provisions of this article:
Regulation | On-Site Water and Sewage | Community Water or Sewage | Community Water and Sewage |
|---|---|---|---|
Lot size R-1 (square feet) | 40,000 | 30,000 | 20,000 |
Lot size R-2 (square feet) | (Not applicable) | 30,000 | 20,000 |
Lot width (feet) | 150 | 125 | 100 |
Lot coverage, maximum (percent) | 20 | 24 | 28 |
Front yard (feet) | 60 | 45 | 40 |
Side yards | |||
Aggregate (feet) | 60 | 45 | 40 |
Minimum (feet) | 25 | 20 | 20 |
Rear yard (feet) | 601 | 501 | 501 |
Accessory structures (other than swimming pools, tennis courts and paddle tennis courts) (feet) | 152 | 152 | 152 |
Minimum green space [Added 12-15-2003 by Ord. No. 03-07] | 80% of net lot area | 76% of net lot area | 72% of net lot area |
NOTES: 1Unless the lot is a reverse frontage lot, in which event the requirement of § 122-102B(1) shall apply. 2Minimum distance from a side or rear property line. |
(2)
Notwithstanding these area and bulk regulations, no house in a cluster development shall be located within 80 feet of a property line dividing the tract being developed from an adjacent property nor within 100 feet of an existing road.[1]
[1]
Editor's Note: Former Subsection C, Subdivisions utilizing farmside village development, as amended, which immediately followed this subsection, was repealed 11-19-2007 by Ord. No. 07-02.
§ 122-83 Lot averaging controls.
A.
The average net lot area in a subdivision of less than 30 acres utilizing lot averaging shall be not less than 1.66 acres in the R-1 and E-I Zoning Districts and not less than 0.9 acre in the R-2 Zoning District in accordance with the density formula set forth in § 122-81B above. The average net lot area in a subdivision of less than 30 acres in the R-A Zoning District shall be not less than 3 1/2 acres.
[Amended 2-7-1994 by Ord. No. 94-01]
B.
No lot of such size as to be capable of further subdivision under the district regulation shall be included in determining the average lot area, unless the possibility of such further subdivision is eliminated by a deed restriction or agreement in a form acceptable to the Township and duly recorded in the office of the Recorder of Deeds of Chester County.
§ 122-84 Cluster development controls.
The following minimum areas of common open space shall be designated in a subdivision of 15 acres or more utilizing cluster development for each designated building lot:
District | On-Site Water and Sewage | Community Water or Sewage | Community Water and Sewage |
|---|---|---|---|
R-1 (square feet) | 37,500 | 43,560 | 45,000 |
R-2 (square feet) | (not applicable) | 12,000 | 21,000 |
§ 122-85 Common open space in cluster developments.
In considering whether or not conditional use approval of a proposed cluster development shall be granted, the Board of Supervisors shall determine that proposed common open space is consistent with the following criteria:
A.
"Common open space," within the meaning of this article, shall consist of a parcel or parcels of land or an area of water or a combination of land and water within a development site designed and intended for the use or enjoyment of residents of the development, not including streets and off-street parking areas.
B.
Common open space shall be land which is accessible and in suitable condition for active or passive recreation, conservation of environmentally sensitive areas or other recreation or natural or visual resource conservation purposes.
C.
The common open space shall be contiguous to the development and shall be readily accessible from adjacent streets for pedestrians and maintenance equipment. If separated from the tract by existing roads, safe pedestrian access must be demonstrated.
D.
Consideration shall be given to the arrangement and location of common open space to take advantage of physical characteristics of the site and to place common open space within easy access and view of dwelling units, at the same time preserving environmentally sensitive area and visual resources. Areas set aside for common open space shall contain no structure other than a structure related to outdoor recreational use and approved by the Township Board of Supervisors.
E.
The ownership and maintenance of common open space shall be made subject to such agreement with the Township, and such deed restriction duly recorded in the office of Recorder of Deeds in Chester County as may be required by the Board of Supervisors for the purpose of preserving the common open space for such use.
F.
The Supervisors may require a suitable portion of the open space area to be usable and physically prepared for play fields.
G.
Common open space areas will be suitably landscaped either by retaining existing natural cover and wooded areas and/or by a landscaping plan for enhancing open space areas through plantings which are consistent with the purposes of this article and which are designed to minimize maintenance costs.
H.
Common open space areas shall, where deemed appropriate by the Board of Supervisors, make provision for pedestrian pathways to be available for general public use in order to provide the potential for interconnecting pathway systems within the Township.
I.
Ownership and maintenance of common open space areas shall be in accordance with § 122-67F(2), (3) and (5) of this chapter.
J.
The location, design and layout of common open space shall be in accordance with § 122-67F(4) of this chapter.
K.
Where there exist competing values for inclusion within common open space areas, the following priority of values shall be adhered to, unless specifically waived by the Board of Supervisors, in delineating common open space areas: