East Brandywine Township
City Zoning Code
City Zoning Code
ARTICLE VI
R-2 Residential District
§ 399-26 Statement of intent.
[Amended 2-1-2000; 3-20-2002; 3-4-2010 by Ord. No. 02-2010; 7-16-2014 by Ord. No. 02-2014]
The R-2 Residential District is intended to enable the development of stable, well-designed residential neighborhoods with single-family detached dwellings. Allowable densities are considered appropriate to assure compatibility with the existing pattern of development, the limitations on sewage facilities and water supply, and the limited capacity of the road network. Residential densities, dwelling types, policies regarding sewage facilities, and policies limiting the use of central water supply are established in this district as means to achieve this objective and as appropriate components of the overall pattern of land use that is provided throughout the Township; they are intended to provide for orderly growth and utilization of natural resources in accordance with the Township Comprehensive Plan. Clustering of single-family dwellings is offered and encouraged as a site design mechanism to further the resource conservation objective. A portion of the R-2 Residential District adjoining the TND-1 Traditional Neighborhood Development District is provided with the option to utilize the terms of the TND-2 Overlay District regulations contained in § 399-30B of this chapter.
§ 399-27 Use regulations.
A.
Permitted uses. A building or other structure may be erected, altered, or used, and a lot may be used or occupied, for any of the following purposes, and no other:
(3)
Single-family detached dwelling.
[Amended 3-4-2010 by Ord. No. 02-2010]
(4)
Electric substation or other public utility, provided that there shall be no exterior storage of equipment or bulk storage of liquid or gaseous fuels.
(5)
Club for swimming, riding, golfing (excluding golf driving range or miniature golf course as a principal use), or similar recreational use, provided that no gunning shall be permitted on the lot so used.
(6)
School bus stop or similar public transportation facility, including shelter for passengers, provided that suitable arrangements are made for maintenance of such shelter, and provided further that no commercial advertising signs are affixed to the outside of such shelter.
(7)
No-impact home occupation, in accordance with the terms of § 399-93.
[Amended 11-29-2018 by Ord. No. 05-2018]
B.
Uses by special exception. Any of the following uses shall be permitted when approved as a special exception by the Zoning Hearing Board, in accordance with the terms of this article and the standards and criteria contained in § 399-145 of this chapter:
C.
Conditional uses. The following uses shall be permitted when approved as a conditional use by the Board of Supervisors in accordance with the terms of this article and § 399-137:
(1)
Major home occupation, in accordance with the terms of § 399-93.
[Amended 7-16-2014 by Ord. No. 02-2014; 11-29-2018 by Ord. No. 05-2018]
(2)
Traditional neighborhood development in accordance with the TND-2 Overlay District terms in § 399-30B.
[Added 2-1-2000; amended 7-16-2014 by Ord. No. 02-2014]
(3)
Solar farm, in accordance with the terms of § 399-102.5 of this chapter.
[Added 2-7-2013 by Ord. No. 01-2013]
(4)
Age-qualified residential community in accordance with the terms of § 399-102.6.
[Added 6-21-2018 by Ord. No. 01-2018]
(5)
School.
[Added 10-3-2019 by Ord. No. 07-2019]
§ 399-28 Area and bulk regulations.
[Amended 3-20-2002]
A.
Except where the terms of the TND-2 Overlay District are utilized, the following regulations shall apply in the R-2 District to those uses permitted under § 399-27A(3) and (4) and B(1):
[Amended 3-4-2010 by Ord. No. 02-2010; 7-16-2014 by Ord. No. 02-2014]
(2)
Minimum lot width. Each such lot shall have a width of not less than 175 feet, measured at the building setback line.
(3)
Minimum front yard. No building shall be situated less than 50 feet from the front lot line.
(4)
Minimum side and rear yard. No principal building shall be situated less than 40 feet from any side or rear lot line. Any accessory use structure may be located within a side or rear yard only in accordance with § 399-75 of this chapter or, with respect to the sheltering of animals, in accordance with § 399-85D(2).
(5)
Maximum impervious surface. Not more than 20% of the net area of any lot may be covered by impervious surfaces.
[Amended 1-3-2011 by Ord. No. 02-2011; 8-18-2022 by Ord. No. 02-2022]
B.
C.
Clustered residential development, as permitted by § 399-27A(3), shall comply with the regulations in § 399-31 of this article.
§ 399-29 Design standards.
A.
The following design standards of this chapter shall be applicable to any use within the R-2 District:
(4)
Erosion/sedimentation control and stormwater management, as required by Chapter 345, Stormwater Management.
[Amended 2-18-2015 by Ord. No. 01-2015]
(5)
Water supply. Dwelling units shall be served by individual water supply wells and/or a public water supply system, consistent with the terms of § 399-25B(10) of this chapter that are otherwise applicable to clustered residential development. Where the proposed connection to a public water supply system is for fewer than five dwelling units, such connection shall be permitted by right and will not require conditional use approval.
[Added 3-20-2002]
B.
In addition to the requirements of Subsection A above, the following design standards shall, as applicable, govern those uses permitted under § 399-27A(4) and (5) and any use permitted by special exception or as a conditional use:
[Amended 3-20-2002]
§ 399-30 Standards and criteria for conditional uses.
B.
TND-2 Traditional Neighborhood Development Overlay District. Eligibility for use of the traditional neighborhood development (TND-2) terms shall be deemed an overlay on the affected tracts, as designated on the Development Strategy Plan, dated June 27, 2013, which is contained in Appendix A of this chapter and which is incorporated herein by reference and made a part hereof.[1] The TND-2 Overlay District offers additional development opportunities beyond those of the underlying R-2 District. To utilize this overlay opportunity, a tract must satisfy the standards and criteria of this section and the requirements for a conditional use established by this chapter.
[Added 7-16-2014 by Ord. No. 02-2014[2]]
(1)
Statement of intent. The intent of this section is to provide regulations and written and graphic design guidelines to:
(b)
Provide, through adherence to the amended Manual of Written and Graphic Design Guidelines, assistance to applicants in the preparation of proposals for traditional neighborhood development in accordance with § 708-A of the Pennsylvania Municipalities Planning Code.[4]
[Amended 12-3-2015 by Ord. No. 11-2015]
[4]
Editor's Note: See 53 P.S. § 10708-A. The Guthriesville Village Manual of Written and Graphic Design Guidelines is included as an attachment to this chapter in Appendix B.
(c)
Complement and improve the vitality, economic strength, and appearance of the Guthriesville Village core area as a means of implementing the Comprehensive Plan.
(d)
Place buildings to help form a streetscape.
(e)
Provide street walls to form the traditional neighborhood character.
(f)
Provide for off-street parking at the rear or side of buildings.
(2)
Written and graphic design guidelines.
(a)
All new infill development and redevelopment within the Traditional Neighborhood Development (TND-2) Overlay District shall be consistent with the amended Manual of Written and Graphic Design Guidelines in Appendix B of this chapter, which Appendix B is incorporated by reference and made a part hereof.[5]
[Amended 12-3-2015 by Ord. No. 11-2015]
[5]
Editor’s Note: Appendix B is included as an attachment to this chapter.
(b)
All applicants for infill development and redevelopment shall utilize Appendix B and shall prepare and submit their own specific manual with details on their particular project.
(3)
Use regulations. Any use proposed as part of a TND-2 development shall require approval as a conditional use in accordance with the terms of this chapter. Such uses may include:
(a)
Any use permitted by right, special exception, or conditional use in the underlying R-2 District, with the exception of clustered residential development.
(b)
Retail commercial, restaurant (but excluding fast-food restaurant and fast-food restaurant with drive-through service), or professional office.
(d)
Two-family dwellings.
(e)
Multifamily dwellings.
(4)
Area and bulk regulations.
(a)
For any use permitted under the terms of § 399-30B(3)(a) or (b), above, the area and bulk regulations in § 399-40 shall apply, except that no building or other structure erected, altered, or enlarged shall exceed a height of three stories or 35 feet, whichever is less.
(c)
For multifamily dwellings, the following standards shall apply:
[1]
The maximum gross density shall be seven dwelling units per acre.
[2]
Any apartment unit above a ground floor/first floor nonresidential use shall have a minimum floor area of 800 square feet.
[4]
Minimum width of single-family attached unit: 18 feet.
[5]
Minimum front yard/build-to line. There shall be a front yard on each tract or lot which shall be not less than five feet in depth and shall be not more than 12 feet in depth, depending on whether there is only a sidewalk 4.5 feet wide or a sidewalk 10 feet to 12 feet wide, as per the Sidewalks and Crosswalks section and the Typical Section for Accessways, respectively, in the amended Guthriesville Village Manual of Written and Graphic Design Guidelines.[6]
[Amended 8-19-2015 by Ord. No. 06-2015; 12-3-2015 by Ord. No. 11-2015]
[6]
Editor's Note: See Appendix B, which is included as an attachment to this chapter.
[6]
Minimum side yard (single-family attached end units): 10 feet.
[7]
Minimum rear yard: 35 feet.
[8]
Building separation distances shall be a minimum of 30 feet to allow for adequate access by emergency service vehicles.
[9]
Setback of a principal building from any tract boundary shall be a minimum of 10 feet.
[10]
Except as provided in Subsection B(4)(c)[11], below, no building or other structure erected, altered, or enlarged shall exceed a height of three stories or 35 feet, whichever is less.
[11]
Where specifically approved by the Board of Supervisors as part of its conditional use approval and conditions for development under the terms of the TND-2 Overlay District where it overlays the R-2 District, the maximum height limit stipulated in Subsection B(4)(c)[10], above, may be modified for multifamily structures when in accordance with the following:
[a]
No building shall exceed three stories.
[b]
A maximum of 60% of the multifamily dwelling units on the tract may be located in buildings that exceed 35 feet in height. No such building shall exceed 45 feet in height.
[c]
The tract shall have a minimum gross tract area of 20 acres.
[d]
The applicant must demonstrate, to the satisfaction of the Board, that potential visual impacts of buildings exceeding 35 feet in height will be mitigated by one or more of the following factors:
[i]
Utilization of topographic features of the tract in the design and location of the buildings exceeding 35 feet in height in order to minimize the appearance of the height of such buildings with respect to the balance of buildings on the tract and the off-site views of the tract.
[ii]
Placement of buildings exceeding 35 feet in height in the interior of the tract, so as to be visually buffered by those buildings complying with the height limits of Subsection B(4)(c)[10], above, that are situated between the buildings exceeding 35 feet in height and the tract boundary. Where topographic features of the tract do not allow for the placement of buildings exceeding 35 feet in height within the interior of the tract, preference shall be given to the placement of buildings in a manner that utilizes the topographic features of the tract without the need for visual buffering by buildings complying with the height limits of Subsection B(4)(c)[10], above.
[iii]
Ability of vegetation, particularly the retention of existing vegetation on the tract, to screen the buildings exceeding 35 feet in height from off-site views.
[e]
The applicant shall document the compatibility of the proposed site design with the amended Manual of Written and Graphic Design Guidelines in Appendix B of this chapter.[7] Documentation shall be in the form of site renderings or similar graphic displays.
[Amended 12-3-2015 by Ord. No. 11-2015]
[7]
Editor’s Note: Appendix B is included as an attachment to this chapter.
[f]
The applicant shall obtain written confirmation from the East Brandywine Fire Company as to the adequacy of access and capability to protect buildings exceeding 35 feet in height with emergency vehicles available locally, whether provided by the Fire Company or by mutual-aid companies.
[g]
The applicant shall document the basis for the request for increased building height in the amount requested. Factors to be cited could include, but need not be limited to, the intended design of building roofs, market demand, dwelling unit design/layout and locations in relation to site topography, etc.
(5)
Design standards.
(b)
All applications for infill development or redevelopment shall be accompanied by a written report indicating compliance with Appendix B and the requirements of this section.[8]
[8]
Editor’s Note: Appendix B is included as an attachment to this chapter.
(c)
A public realm plan, as prescribed in § 399-42L of this chapter, shall be provided with all conditional use applications to depict all existing and proposed sidewalks and crosswalks, street trees, streetlights pedestrian gathering areas, pedestrian amenities, and other landscape and hardscape areas.
(d)
A minimum of 1.5 off-street parking spaces shall be provided for each multifamily dwelling unit created in the TND-2 District. Where the calculation of parking spaces yields a total with a half space, the total number of required spaces shall be increased by rounding up to the next full number.
(e)
Where on-street parallel parking is proposed, such spaces shall be eight feet in width and 24 feet in length.
(f)
On-street parking may be credited to the parking requirements of Subsection B(5)(d), above, for those parking spaces along the frontage of a lot.
(g)
All on-street parking shall be subject to approval by the Township and PennDOT, as applicable.
(h)
It is not required that common open space be provided as part of the development or redevelopment of properties in the TND-2 District. Where common open space is provided, however, it shall comprise an area representing not less than 20% of the gross tract or lot area. The use, design, maintenance, and ownership of any common open space areas shall be in accordance with the applicable standards contained in § 399-58C(5)(c) through (j) of this chapter. In addition to the uses provided in § 399-58C(5)(f), common open space may be used as a village green, consistent with the amended Manual of Written and Graphic Design Guidelines.[9]
[Amended 12-3-2015 by Ord. No. 11-2015]
[9]
Editor's Note: The Manual of Written and Graphic Design Guidelines is included in Appendix B as an attachment to this chapter.
[1]
Editor’s Note: Appendix A is included as an attachment to this chapter.
[2]
Editor's Note: This ordinance superseded former Subsection B, Village extension development, added 2-1-2000, as amended.
§ 399-31 Regulations for clustered residential development.
[Added 3-20-2002]
A.
As a design alternative to conventional single-family residential development, clustered residential development is offered in the R-2 District to achieve more efficient use of land, retain open space, and protect existing natural features and the characteristic visual qualities of the landscape within this district. Any proposal for clustered residential development should demonstrate a minimized amount of site disturbance, vegetation removal, and visual intrusion by the new dwellings as compared to the anticipated impacts from developing the site as otherwise permitted in this article.
B.
Except as otherwise provided in this section, the regulations of § 399-25 of this chapter shall apply in the R-2 District to any clustered residential development permitted under the terms of § 399-27A(2):
[Amended 11-20-2002; 3-4-2010 by Ord. No. 02-2010]
(1)
Maximum number of dwelling units. On any tract proposed for clustered residential development in the R-2 District, the maximum number of dwelling units shall be determined by multiplying the net tract area, as defined by this chapter, by 0.56.[1]
[1]
Editor's Note: Former Subsections B(1)(a) and B(1)(b), which immediately followed this subsection, were deleted 3-4-2010 by Ord. No. 02-2010.
(2)
Minimum common open space: 40% of the net tract area, together with 100% of the area containing or contained within any primary conservation area, as defined by this chapter.