Chester Township City Zoning Code
ARTICLE 47
Flag Lots
§ 113-315 Permitted.
[Amended 4-15-1997; 3-5-2002]
Subject to subdivision approval by the Planning Board based on compatibility with the present and future development of adjacent lands, individual lots with less than the required lot width are permitted for one-family residential use in the R-2, R-3, R-5 and R-10 Zones.
§ 113-316 Requirements.
Approval of flag lots shall be subject to the following minimum requirements:
A.
Single ownership. The entire lot, including the portion having less than the required width, must be in the same ownership.
B.
Minimum width. The lot must have sufficient frontage on a street to permit the construction of a proper driveway connection with the street and, in any event, must have at least 45 feet of such frontage. No part of the "staff" on any flag lot shall be less that 45 feet wide. Each flag lot shall have its own staff within which a driveway can be constructed conforming to the requirements of Subsection F hereinbelow.
C.
Location of flag staffs. No flag staffs shall abut each other at the street line.
D.
Size of flag lot. All flag lots shall have an area, exclusive of the flag staff area, at least two times the minimum lot area of the zone in which such property is located.
E.
Building setbacks. No structure shall be located in any portion of the staff. All structures on any flag lot shall be set back from all lot lines 100 feet.
F.
Driveway standards for flag lots.
(1)
The driveway shall be a minimum of 12 feet in width.
(2)
Driveways may be of gravel or paved construction.
(3)
With respect to all driveways, the maximum grade shall not exceed 13%, except that the maximum grade shall not exceed 8% within 30 feet of the street line.
(4)
A turnaround shall be provided at the structure end of the driveway, designed to permit fire trucks and other emergency vehicles to turn around. A turnaround may be a cul-de-sac or L-shaped configuration or any other configuration approved by the Township Engineer.
(5)
Provisions shall be made for adequate drainage along and/or across the driveway so as not to change the existing drainage pattern. Driveways shall be designed and constructed in such a manner as to prevent erosion of the soil from them and its deposit upon the public road, gutters, catch basins, drains or culverts.
(6)
Horizontal curves shall have a minimum centerline radius of 40 feet.
(7)
The driveway entrance into the public road shall provide adequate radius and sight distances using the lawful speed on such roadway as the design speed for such calculations of sight distances and shall intersect the public road at an angle of not less than 60°.
(8)
All driveways shall be located no closer than 15 feet from the property line of the flag staff.
(9)
Driveways shall be located within the flag staff in a manner to avoid the destruction of desirable trees. The flag staff shall be widened, if necessary, to provide for driveway alignment which would protect such trees.
(10)
A fifteen-foot-wide buffer strip on each side of the flag staff within the 45 feet minimum staff width shall be recommended. The Planning Board may require landscaping in the buffer zone for the entire length of the flag staff up to the road right-of-way.
(11)
No flag staff shall be closer than 500 feet to another flag staff.
§ 113-317 Submission of data to the Planning Board.
In any application for approval of a flag lot, the applicant shall provide the Planning Board with adequate information, topographical drawings and details of the proposed driveway to permit the Planning Board to ensure compliance with the provision of this article.
§ 113-318 Performance guaranties.
In the event that the installation and maintenance of improvements requires performance guaranties, the following procedures shall be followed:
A.
The applicant's engineer shall furnish the Township Engineer with an accurate list of all major items of construction and the guaranties of each item shown on the final construction plans. The applicant shall furnish evidence of the cost of all public utilities for which the applicant is responsible for payment.
B.
The Township Engineer shall prepare a detailed estimate of the cost to construct all the required improvements. The estimate shall include cost or construction engineering, construction stakeout and not more than 15% of the cost of all improvements which have been substantially completed. The estimate shall include the cost of the public utilities, unless satisfactory evidence has been provided that such costs have been paid.
C.
The Township Engineer shall recommend a performance guaranty in favor of the Township in an amount not to exceed 120% of the cost of such improvements, including the cost of construction engineering and construction stakeout.
§ 113-319 Inspection and completion.
Prior to issuance of any certificate of occupancy for any home constructed on a flag lot, the developer/owner shall provide the Construction Official with a written report from the Township Engineer indicating that the driveway has been constructed in accordance with this article.
§ 113-320 Prior approved flag lots.
[Added 6-5-1995 by Ord. No. 2:19N1-95]
A single-family residence may be constructed on a flag lot which is part of a subdivision approved by the Planning Board or Zoning Board of Adjustment prior to the effective date of this section, provided that the lot meets the area requirements of the ordinance in effect at the time of approval and that no proposed structure encroaches into any required building setbacks in effect at the time of the approval. All such grandfathered lots shall be a part of an approved subdivision which approval has not lapsed.