Chester Heights City Zoning Code
ARTICLE VIII
Lot Averaging in Residential Districts
§ 185-28 Modification permitted.
In accordance with the provisions of this article, the requirements of Articles IV, V, and VII may be modified with approval of the Borough Council in order to:
A.
Permit a more attractive and varied arrangement of single houses and open space.
B.
Allow specific parcels of land to be developed more economically than is possible under standard, individual lot zoning.
C.
Preserve stream valleys and other natural features.
D.
Minimize environmental impact.
E.
Preserve historic sites within the Borough.
F.
Offer an option for the Borough to consider in lieu of normal residential zoning or planned residential development.
§ 185-29 Conditions for modification of subdivision plans.
A subdivision plan which is subject to review by the Planning Commission in accordance with Chapter 162, Subdivision and Land Development, of the Code of the Village of Chester Heights and the regulations adopted thereunder, may be modified with respect to the requirements of Articles IV, V, and VII of this chapter upon the following conditions:
A.
The plan shall involve a tract of land not less than 10 acres in size and shall be served by public water.
B.
It shall be determined by the Borough Council that the plan clearly conforms to the intent, standards and requirements of this article and is in the general public interest.
C.
The area of the individual lots may be reduced to not less than 60% of the lot area requirements, provided that the total number of units to be built does not exceed the number that could be built under the applicable underlying zoning. The maximum number of dwelling units for a lot averaging development shall be established by a sketch plan, accompanying the application, demonstrating the number of conventional lots for single-family detached dwellings that could be developed on the tract in the absence of this article. Under no circumstances may any lot be less than 1/2 acre.
D.
The yard, lot width and other requirements of the zoning district relating to an individual lot may be modified, provided that, in no case, shall a building be located less than 30 feet from a street right-of-way line or 20 feet from another property line. The minimum lot width at the building line shall be 75 feet.
E.
The design and layout of buildings on the tract shall take into account the physical characteristics of the particular site and shall allow for the maximum preservation of natural features which the Planning Commission and the Borough Council deem worthy of protection. The preservation must still be consistent with reasonable and sound development practices.
F.
When a plan for development is approved in accordance with the requirements of this article, and those of Chapter 162, Subdivision and Land Development, of the Code of the Village of Chester Heights, the approved application shall be recorded in the office of the Recorder of Deeds for Delaware County by the owner or owners of the entire tract, and it shall be agreed that the tract shall be developed within a reasonable time under single direction in the manner approved.
G.
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 either by a deed restriction or agreement in form acceptable to the Borough Solicitor and duly recorded in the office of the Recorder of Deeds, Delaware County.
H.
For the areas to be reserved for open space:
(1)
The areas designated shall be those which preserve woodlands, stream valleys and unusual topography or other natural features of the tract which are appropriate for park, recreation or some other open space use.
(2)
Such area designation shall be consistent with the land use plan for the Borough and shall contain no structure other than one related to outdoor recreational use.
(3)
Areas for common open space may be reserved for private use and held as open space by deed restriction or they may be dedicated to the Borough. Areas that are subsequently to be dedicated to the Borough shall be acceptable to the Borough in shape and location. Satisfactory written agreements or other arrangements, acceptable by the Borough, shall be made for the perpetual preservation and maintenance of all common areas to be set aside and reserved for private use. Proposed deed restrictions must be submitted to the Borough Council for review.
§ 185-30 Procedure.
For any subdivision plan requiring modification of building lots under this article, the applicant shall submit to the Borough Secretary, an application including 15 copies of preliminary plans for review and approval by the Engineer, Planning Commission and Borough Council and then 15 copies of final plans plus payment of a fee in the amount to be prescribed by resolution of the Borough Council of Chester Heights. Before final approval, Council shall hold a public hearing thereon, giving notice thereof as specified in § 185-127A. Among other criteria, the Borough shall evaluate whether the applicant has made every reasonable effort toward environmental protection and historical preservation in determining whether to grant approval for lot averaging. The Borough Council shall, within a period of 60 days following the public hearing, give notice of the approval or disapproval of the application to the applicant. In the event of approval, the applicant shall have one year in which to begin construction of the subject premises.
§ 185-31 Special provisions for lots abutting Baltimore Pike (Route 1).
A.
Intent. These provisions allow a builder the option of additional units (higher density) in exchange for a wide buffer strip along the Pike. The buffer strip, if suitably utilized and landscaped, can insulate residents of the properties from the Pike. Further, the other advantages of lot averaging cited in § 185-28 also apply.
B.
All provisions of the foregoing sections of this article apply with the following exceptions:
(1)
In addition to single housing units, structures with up to four units may be built.
(2)
There shall be no minimum lot size. However, the total number of units shall not exceed the existing zoning district except as provided in Subsection B(5) below.
(4)
The developer shall preserve as open space a buffer strip which is a minimum of 250 feet in depth the entire length that the property borders Baltimore Pike. Buffer strips may be held as open space by deed restriction or by dedication.
(5)
The number of allowable units shall be computed according to the applicable underlying zoning, using the area of the entire tract plus the area of the buffer strip, provided that the area for determining the total number of dwelling units shall not exceed 140% of the entire tract.