East Caln Township City Zoning Code
ARTICLE II
Residential Districts
§ 225-4 R-1 Single-Family Detached Residential District.
[Amended 8-18-1999 by Ord. No. 1999-4; 9-6-2000 by Ord. No. 2000-3]
A.
Specific intent. It is the purpose of this district to provide for limited density of residential development while preserving environmentally sensitive natural features and scenic landscapes.
B.
Use regulations. A building may be erected, altered or used and a lot may be used or occupied for any one of the following purposes and no other:
(1)
Permitted principal uses.
(a)
Single-family detached dwelling.
(b)
Open space recreation. (See § 225-22.)
(c)
Agriculture. (See § 225-21.)
(d)
Nontower wireless communications facility. (See § 225-14U.)
[Added 7-20-2016 by Ord. No. 2016-03]
(2)
Permitted accessory uses.
(a)
Accessory use on the same lot with and customarily incidental to any of the foregoing permitted principal, conditional or special exception uses. (See § 225-20.)
(b)
Home occupation. [See § 225-20B(5).]
(c)
Parking. (See § 225-19.)
(d)
Signs. (See § 225-26.)
(3)
Conditional uses (subject to the provisions of §§ 225-4C and D and 225-35).
(a)
Group day care home. (See § 225-14D.)
(b)
Family day care home. (See § 225-14D.)
(c)
Bed and breakfast. (See § 225-14C.)
(d)
Conservation/open space subdivision. (See § 225-28.)
(e)
Community center. (See § 225-14R.)
(f)
Emergency services station. (See § 225-14S.)
(4)
Special exceptions [subject to Article VIII and § 225-4C(2) and D].
(a)
Institution.
(b)
School. (See § 225-14J.)
(c)
Church. (See § 225-14K.)
C.
Height, area and bulk regulations.
(1)
The following regulations shall be observed for single-family detached dwellings:
(a)
Maximum height.
[1]
For any dwelling building or structure: 35 feet, but not exceeding three stories.
[2]
Accessory building or structures shall not exceed one story.
(b)
Minimum lot area and width.
[1]
Where single-family detached dwellings are situated on a lot, a lot area of not less than one acre shall be provided.
[2]
A lot width of the building line of not less than 150 feet and a lot width at the street line of not less than 50 feet for the depth (perpendicular to the street line) of 50 feet shall be provided. Further no lot shall have a width of less than 25 feet at any point.
(c)
Yard regulations.
[1]
Front yards. There shall be a front yard on each lot, the depth of which shall be not less than 50 feet.
[2]
Side yard. One each lot there shall be two side yards, each having a width of not less than 20 feet, provided that the sum of the widths of both yards shall be not less than 50 feet.
[3]
Rear yards. There shall be a year yard on each lot, the depth of which shall not be less 40 feet.
(d)
Lot coverage. The maximum building coverage shall be 10% of the lot area and maximum total impervious coverage shall be 15% of the lot area.
(2)
The following regulations shall be observed for uses by special exception:
(a)
Maximum height.
[1]
Building or other structure: 35 feet, except such height may be increased to a maximum of 65 feet provided that for every foot of height in excess of 35 feet there shall be added to each yard requirement one corresponding foot of width or depth.
(b)
Minimum lot area and width.
[1]
A lot area of not less than three acres for churches, two acres for institutions and five acres for schools shall be provided.
[2]
A lot width at the street line of not less than 50 feet shall be provided and a lot width of the building line of not less than 200 feet shall be provided for all lots.
(c)
Yard regulations.
[1]
Front yards. There shall be a front yard on each lot, the depth of which shall be not less than 50 feet.
[2]
Side yards. On each lot there shall be two side yards, each having a width not less than 50 feet.
[3]
Rear yards. There shall be a rear yard on each lot, the depth of which shall be not less than 50 feet.
[4]
All parking spaces and parking lots shall be set back a minimum of 30 feet from any street line and a minimum of 20 feet from any side or rear lot line.
(d)
Lot coverage. The maximum building coverage shall be 10% of the lot area and the maximum total impervious coverage shall be 15% of the lot area.
D.
Standards. The following regulations shall be observed:
(1)
For all uses, off-street parking regulations as contained in § 225-19.
(2)
Where uses are granted by special exception and for recreational use, design standards as contained in § 225-17 and § 225-18.
(3)
The minimum habitable area of a dwelling unit shall be as follows:
Dwelling Type | Area | |
|---|---|---|
One bedroom unit | 800 square feet | |
Two bedroom unit | 1,000 square feet | |
Three or more bedroom unit | 1,140 square feet |
§ 225-5 R-2 Single-Family Detached Residential District.
[Amended 8-18-1999 by Ord. No. 1999-4]
A.
Specific intent. It is the purpose of this district to provide for limited density, when off-site water and sewer service is provided, of residential development while preserving environmentally sensitive natural features and scenic landscapes.
B.
Use regulations. A building may be erected, altered or used and a lot may used or occupied for any one of the following purposes and no other:
(1)
Permitted principal uses.
(a)
Single-family detached dwelling.
(b)
Open space recreation. (See § 225-22.)
(c)
Agriculture. (See § 225-21.)
(d)
Nontower wireless communications facility. (See § 225-14U.)
[Added 7-20-2016 by Ord. No. 2016-03]
(2)
Permitted accessory uses.
(a)
Accessory use on the same lot with and customarily incidental to any of the foregoing permitted principal, condition and special exception uses. (See § 225-20.)
(b)
Home occupation. [See § 225-20B(5).]
(c)
Parking. (See § 225-19.)
(d)
Signs. (See § 225-26.)
(3)
Conditional uses. (Subject to the provisions of § 225-4C and D and § 225-35).
(a)
Group day care home. (See § 225-14D.)
(b)
Family day care home. (See § 225-14D.)
(c)
Bed and breakfast. (See § 225-14C.)
(d)
Conservation/open space subdivision. (See § 225-28.)
(4)
Special exceptions. [Subject to Article VIII and § 225-5C(2) and D.]
(a)
Institution.
(b)
School. (See § 225-14J.)
(c)
Church. (See § 225-14K.)
C.
Height, area and bulk regulations.
(1)
The following regulations shall be observed for single-family detached dwellings:
(a)
Maximum height.
[1]
For any dwelling building or structure: 35 feet but not exceeding three stories.
[2]
Accessory building or structures shall not exceed one story.
(b)
Minimum lot area and width.
[1]
For single-family detached dwellings, where off-site water and sewer service is available, a lot area of not less than 32,670 square feet shall be provided.
[2]
For single-family detached dwellings, where off-site water and sewer service is not available, 43,650 square feet shall be provided.
[3]
A lot width at the building line of not less than 100 feet and a lot width at the street line of not less than 50 feet for the depth (perpendicular to the street line) of 50 feet shall be provided. Further no lot shall have a width of less than 25 feet at any point.
(c)
Yard regulations.
[1]
Front yards. There shall be a front yard on each lot, the depth of which shall be not less than 40 feet.
[2]
Side yard. On each lot there shall be two side yards, each having a width of not less than 15 feet, provided that the sum of the widths of both side yards shall be not less than 40 feet.
[3]
Rear yards. There shall be a rear yard on each lot, the depth of which shall not be less than 30 feet.
[4]
Legally existing structures which are nonconforming in regard to yard regulations may utilize § 225-16C(1).
[Added 1-19-2022 by Ord. No. 2022-03]
(d)
Lot coverage.
[Amended 1-19-2022 by Ord. No. 2022-03]
[1]
Except as provided for in § 225-5C(1)(d)[2], the maximum building coverage for all lots shall be 10% of the lot area and the maximum total impervious coverage for all lots shall be 15% of the lot area.
[2]
For lawfully non conforming lots which are nonconforming in regard to minimum lot area and are connected to off-site water and sewer service, the maximum building coverage shall be 3,267 square feet and the maximum impervious coverage shall be 4,900 square feet.
(2)
The following regulations shall be observed for uses by special exception:
(a)
The height, area and bulk regulations contained in § 225-4C(2), applicable to the uses by special exception in the R-1 District, shall apply to all uses permitted by special exception in the R-2 District.
D.
Standards. The following regulations shall be observed:
(1)
For all uses, off-street parking regulations as contained in § 225-19.
(2)
Where uses are granted by special exception and for recreational use, design standards are contained in §§ 225-17 and 225-18.
(3)
The minimum habitable area of a dwelling unit shall be as follows:
Dwelling Type | Area |
|---|---|
One bedroom unit | 800 square feet |
Two bedroom unit | 1,000 square feet |
Three or more bedroom unit | 1,140 square feet. |
§ 225-6 R-3 Single-Family Detached and Semidetached, Townhouse, Apartment, Mobile Home Park Residential District.
[Amended 8-18-1999 by Ord. No. 1999-4; 6-7-2000 by Ord. No. 2000-2]
A.
Specific intent. It is the purpose of this district to provide for limited density, when off-site water and sewer service is provided, of residential development while preserving environmentally sensitive natural features and scenic landscapes. Under the provisions of conditional use, townhouses, semidetached and apartments are permitted.
B.
Use regulations. A building may be erected, altered or used and a lot may be used or occupied for any one of the following purposes and no other:
(1)
Permitted principal uses.
(a)
Single-family detached dwelling.
(b)
Open space recreation. (See § 225-22.)
(c)
Agriculture. (See § 225-21.)
(d)
Nontower wireless communications facility. (See § 225-14U.)
[Added 7-20-2016 by Ord. No. 2016-03]
(2)
Permitted accessory uses.
(a)
Accessory use on the same lot with and customarily incidental to any of the foregoing permitted principal, conditional or special exception uses. (See § 225-20.)
(b)
Home occupation. [See § 225-20B(5).]
(c)
Parking. (See § 225-19.)
(d)
Signs. (See § 225-26.)
(3)
Conditional uses on tracts of at least 60 acres, where off-site water and sewer service is provided, and subject to the provisions of § 225-6C, C(2) and F and § 225-35 of this chapter, except group day care home and bed-and-breakfast which shall be located in a single-family detached dwelling unit, provided that automotive sales agencies pursuant to Subsection G below shall be located on tracts of at least 20 acres and conservation/open space subdivisions shall be located on tracts of at least 10 acres.
[Amended 3-1-2017 by Ord. No. 2017-02]
(a)
Single-family semidetached dwelling units.
(b)
Townhouse dwelling units with a maximum of six dwelling units per building.
(c)
Apartment buildings.
(d)
Mobile home park, subject to the regulations of § 225-6E and F of this chapter.
(e)
Group day care home. (See § 225-14D.)
(f)
Bed and breakfast. (See § 225-14C.)
(g)
Conservation/open space subdivision. (See § 225-28, which shall supersede the provisions of § 225-6C and D.)
[Amended 3-1-2017 by Ord. No. 2017-02]
(h)
Automotive sales agency, subject to §§ 225-6G and 225-14A of this chapter.
(4)
Special exceptions. [Subject to Article VIII and § 225-6D(2) and F.]
(a)
Institution.
(b)
School. (See § 225-14J.)
(c)
Church. (See § 225-14K.)
C.
Overall density regulations. The following regulations shall be observed:
(1)
For single-family detached dwellings the maximum density for any tract where off-site water and sewer service is not provided shall be one dwelling unit per acre. Where off-site water and sewer service is provided the maximum density shall be one dwelling unit for each 0.5 acre. The tract area shall be computed under the regulations of § 225-15G of this chapter.
(2)
For uses permitted as a conditional use the maximum density for any tract shall be four dwelling units for each acre computed under the regulations of § 225-15G of this chapter.
D.
Height, area and bulk regulations.
(1)
The following regulations shall be observed for single-family detached dwellings:
(a)
Maximum height.
[1]
For any dwelling building or structure: 35 feet, but not exceeding one story.
[2]
Accessory building or structures shall not exceed one story.
(b)
Minimum lot area and width.
[1]
For single-family detached dwellings a lot area of not less than 21,738 square feet shall be provided with off-site sewer and water service.
[2]
A lot width at the building line of not less than 85 feet and a lot width of the street line of not less than 50 feet for the depth (perpendicular to the street line) of 50 feet shall be provided. Further no lot shall have a width of less than 25 feet at any point.
(c)
Yard regulations.
[1]
Front yards. There shall be a front yard on each lot, the depth of which shall be not less than 40 feet.
[2]
Side yards. On each lot there shall be two side yards, each having a width of not less than 15 feet, provided that the sum of the width of both side yards shall be not less than 40 feet.
[3]
Rear yards. There shall be a rear yard on each lot, the depth of which shall be not less than 30 feet.
(d)
Lot coverage. The maximum building coverage shall be 15% of the lot area and the maximum total impervious coverage shall be 20% of the lot area.
(2)
The following regulations shall be observed for uses permitted as conditional uses:
(a)
Maximum height.
[1]
For any dwelling building or structure: 35 feet, but not exceeding three stories.
[Amended 8-1-2007 by Ord. No. 2007-03]
[2]
Accessory building or structures shall not exceed one story.[1]
[1]
Editor's Note: Former Subsection D(2)(a)[3], regarding height of apartment buildings, was repealed 8-1-2007 by Ord. No. 2007-03.
(b)
Yard regulations.
[1]
Front yards. Each structure on the tract shall have a front yard, the depth of which shall be 1.5 times the height of the structure, but in no case shall be less than 50 feet.
[2]
Side yards. All buildings shall be located at least 50 feet from the tract property line. The distance between townhouse buildings and any other building shall be at least 30 feet. The distance between apartment buildings and any other building shall be at least 1.5 times the height of the apartment building and in no case shall be less than 50 feet. For each detached or semidetached single family dwelling building there shall be one side yard having a width of not less than 15 feet for each dwelling unit.
[3]
Rear yards. There shall be a rear yard on each lot, the depth of which shall not be less than 50 feet.
[4]
Apartment building parking spaces and parking lots shall be set back a minimum of 30 feet from any public street line and a minimum of 20 feet from any side or rear lot line.
(c)
Lot coverage. The maximum building coverage shall be 25% of the lot area and the maximum total impervious coverage shall be 35% of the lot area.
(d)
Building separation. No structural wall of a building may be located within 30 feet of a structural wall of another building, other than accessory buildings.
[Added 8-1-2007 by Ord. No. 2007-03]
(3)
The following regulations shall be observed uses by special exception:
(a)
The height, area and bulk regulations contained in § 225-4C(2), applicable to the uses by special exception in the R-1 District shall apply to all uses permitted by special exception in the R-3 District.
E.
Mobile home parks. The following regulations shall be observed:
(1)
Density. The maximum overall density for the tract shall be four dwelling units for each acre computed under the regulations of § 225-15G of this chapter.
(2)
Set back. Each mobile home unit shall be set back from the edge of the cartway of the cartway of any park street a minimum of 30 feet and from the street lie of any public street a minimum of 40 feet.
(3)
Yards. There shall be minimum distance of 20 feet between each mobile home.
(4)
Lot coverage. Maximum building coverage shall be 25% of the lot area and the maximum total impervious coverage shall be 35% of the lot area.
F.
Standards. The following regulations shall be observed:
(1)
For all uses, off-street parking regulations as contained in § 225-19.
(2)
Where uses are granted by special exception and for recreational use, design standards as contained in §§ 225-17 and 225-18.
(3)
The minimum habitable area of a dwelling unit shall be as follows:
Dwelling Type | Area | |
|---|---|---|
One bedroom unit | 800 square feet | |
Two bedroom unit | 1,000 square feet | |
Three or more bedroom unit | 1,140 square feet. |
G.
Automotive sales agency. The following regulations shall be observed:
(1)
The height, area and bulk regulations contained in subsection shall be in lieu of those set forth in Subsection C(2) above.
(2)
Frontage. A lot width of not less than 500 feet at the street line shall be provided along Lincoln Highway (S.R. 0030).
(3)
Building height. Maximum building height shall comply with the regulations set forth in § 225-13C(1) of this chapter.
(4)
Lot width. A lot width of not less than 500 feet at the building line shall be provided.
(5)
Yards. There shall be a front yard along Lincoln Highway the depth of which shall be not less than 100 feet. There shall be two side yards each having a width of not less than 50 feet and rear yard the depth of which shall not be less than 100 feet. No accessory use shall be conducted or accessory structure erected within such required yard areas.
(6)
Lot coverage. Maximum building coverage shall not exceed 35% of the lot area. Total impervious coverage shall not exceed 55% of the lot area. At least 45% of the lot area shall be landscaped in accordance with § 225-17A of this chapter.
(7)
Lot area. For purposes of this § 225-6G only, the calculation of lot area:
(a)
Shall not require the exclusion of existing or proposed easements provided for the purpose of extending public water and/or public sewer service to or through the lot.
(b)
May include land contiguous to and in common ownership with the area to be developed, regardless of the zoning classification of the contiguous land. Such contiguous land may be used in the lot coverage calculations for the lot and may be used in the development of the lot to the extent its use is permitted by the applicable zoning for such contiguous land.
(8)
Standards. The use shall comply with the regulations set forth in § 225-13D of this chapter including § 225-13D(1) and D(11).
(9)
Additional uses. When authorized by further conditional use approval, freestanding pad sites may be developed on the same lot as the automotive sales agency for any of the uses set forth in § 225-10E(2)(a), (b), (c), (e), (f) and (h) of this chapter, provided that each freestanding pad site shall be individually developed in conformance with §§ 225-17, 225-18 and 225-19 of this chapter as if such sites were each separate lots, provided that no strip of stores shall be permitted and further provided that any such freestanding pad development shall be consistent in design and operation with and under the ownership and control of the automotive sales agency use.
§ 225-7 R-4 Cluster Residential District.
[Amended 9-16-1998 by Ord. No. 1998-5; 6-30-2010 by Ord. No. 2010-01]
A.
Specific intent. It is the purpose of this district to provide for residential development at various densities while preserving environmentally sensitive natural features and scenic landscapes. The cluster development provisions permit increased density when public water and public sewer facilities are provided and open space is preserved.
B.
Use regulations. A building may be erected, altered or used and a lot may be used or occupied for any one of the following purposes and no other:
(1)
Permitted principal uses.
(a)
Single-family detached dwelling.
(b)
Open space recreation. (See § 225-22.)
(c)
Agriculture. (See § 225-21.)
(d)
Open space parcels in cluster development. (See § 225-7E.)
(e)
Nontower wireless communications facility. (See § 225-14U.)
[Added 7-20-2016 by Ord. No. 2016-03]
(2)
Permitted accessory uses.
(a)
Accessory use on the same lot with and customarily incidental to any permitted principal, conditional or special exception uses. (See § 225-20.)
(b)
Home occupation. [See § 225-20B(5).]
(c)
Parking. (See § 225-19.)
(d)
Signs. (See § 225-26.)
(3)
Conditional uses. (subject to the provisions of § 225-35.)
(a)
Group day-care home. (See § 225-14D.)
(b)
Family day-care home. (See § 225-14D.)
(c)
Bed-and-breakfast. (See § 225-14C.)
(d)
Multifamily dwellings (See § 225-7F.)
(4)
Special exception uses. (subject to Article VIII and § 225-7C and D.)
(a)
Institution.
(b)
School. (See § 225-14J.)
(c)
Church. (See § 225-14K.)
C.
Height, area and bulk regulations.
(1)
The following regulations shall be observed for single-family detached dwellings which are not a part of a cluster development pursuant to § 225-7E:
(a)
Maximum height.
[1]
For any dwelling building or structure: 35 feet, but not exceeding three stories.
[2]
Accessory buildings or structures shall not exceed one stow.
(b)
Minimum lot area and width.
[1]
Where a single-family detached dwelling is situated on a lot, a lot area of not less than one acre shall be provided.
[2]
A lot width at the building line of not less than 150 feet and a lot width at the street line of not less than 50 feet for the depth (perpendicular to the street line) of 50 feet shall be provided. Further, no lot shall have a width of less than 25 feet at any point.
(c)
Yard regulations.
[1]
Front yards. There shall be a front yard on each lot, the depth of which shall be not less than 50 feet.
[2]
Side yard. On each lot there shall be two side yards, each having a width of not less than 20 feet, provided that the sum of the widths of both yards shall be not less than 50 feet.
[3]
Rear yards. There shall be a rear yard on each lot, the depth of which shall be not less than 40 feet.
(d)
Lot coverage. The maximum building coverage shall be 10% of the lot area, and the maximum total impervious coverage shall be 15% of the lot area.
(2)
The following regulations shall be observed for uses by special exception:
(a)
The height, area and bulk regulations contained in § 225-4C(2) applicable to the uses by special exception in the R-1 District shall apply to all uses permitted by special exception in the R-4 District.
(3)
The following regulations shall be observed for multifamily dwellings as permitted by conditional use:
(a)
The height, area and bulk regulations contained in § 225-7F shall apply to multifamily dwellings in the R-4 district.
D.
Standards. The following regulations shall be observed:
(1)
For all uses, off-street parking regulations as contained in § 225-19.
(2)
Where uses are granted by special exception and for recreational use, design standards as contained in §§ 225-17 and 225-18.
(3)
The minimum habitable area of a dwelling unit shall be as follows:
Dwelling Type | Area | |
|---|---|---|
One-bedroom unit | 800 square feet | |
Two-bedroom unit | 1,000 square feet | |
Three- or more bedroom unit | 1,140 square feet |
E.
Cluster development. When the following standards are complied with, a tract of not less than 50 acres, located within the R-4 District, may be developed as a cluster development, and each of the lots created in such development may be used for a single detached dwelling, except for open space parcels.
(1)
Height, area and bulk regulations.
(a)
The maximum height of any dwelling building or structure shall not exceed 35 feet nor three stories. Accessory buildings or structures shall not exceed one story.
(b)
The minimum lot area shall be 20,000 square feet for each lot, provided that open space parcels shall contain at least one acre. For purposes of cluster development, the lot area reduction formulas set forth in § 225-15G shall, as specified in § 225-7E(1)(c), apply to the tract as a whole and shall not apply to the individual lots.
(c)
The total number of lots shall not exceed the lesser of:
[1]
0.8 lots per each 1.0 gross acres of land in the tract.
[2]
1.25 lots per each 1.0 net acres of land, applying the reduction formulas set forth in § 225-15G to the tract as a whole.
(d)
The minimum lot width at the building line shall be 100 feet. The minimum lot width at the street line shall be 50 feet for the depth (perpendicular to the street line) of 50 feet. No lot shall have a width of less than 25 feet at any point.
(e)
There shall be a front yard on each lot, the depth of which shall not be less than 40 feet. Corner lots shall have two front yards of at least 40 feet each.
(f)
On each lot there shall be two side yards. The minimum width of any side yard shall be 15 feet. Both side yards shall have a minimum total width of 35 feet. A corner lot shall be considered to have two front yards and two side yards (each being opposite a front yard) and no rear yard.
(g)
There shall be a rear yard on each lot other than a corner lot, the depth of which shall be not less than 40 feet.
(h)
No more than 17.5% of any lot shall be covered by structures, and not more than 25% thereof shall be covered by total impervious surfaces.
(2)
Common open space.
(a)
A minimum of 40% of the tract to be developed as a cluster development shall be designed, restricted and used as common open space ("open space").
(b)
Areas counted for the open space requirements of a cluster development may be used in whole or in part for active and/or passive recreational uses, and for natural resource preservation, or in any manner similar thereto; provided, however, that the type of recreation uses permitted within open space areas shall be limited to those which are appropriate based upon the prevailing environmental conditions and as approved by the Township. Under no circumstances are motorized vehicles authorized within any common open space areas, except for the performance of public safety services or maintenance of the open space area and the governing document restricting the use of open space areas shall so specify.
(c)
Open space shall be arranged and located to take advantage of physical characteristics of the site and to place open spaces within easy access and view of dwelling units, at the same time preserving and, where applicable, enhancing natural features and environmentally sensitive areas such as woodland, lakes, stream valleys and steep slopes areas.
(d)
Areas set aside for open space shall be significant in size and character. Strips of land less than 100 feet in width shall not be counted towards open space. Areas set aside for open space shall be suitable for the designated purpose and shall be consistent with the comprehensive plan policy for future land use in the Township. An open space parcel shall contain no structure other than a structure related to permitted open space uses, stormwater management or utilities.
(e)
Any land counted toward the open space requirements of a cluster development must be made subject to a declaration of covenants, restrictions and easements in form acceptable to the Township Solicitor and duly recorded in the Chester County Office of the Recorder of Deeds. Such covenants, restrictions and easements shall prohibit development of open spaces, except as to permitted recreational uses.
(f)
Open space may be dedicated to the Township for community recreational use.
(g)
In the event that the open space is not accepted by the Township, the landowner shall provide for and establish an organization for the ownership and maintenance of the open space. Such organization shall not be dissolved nor shall it dispose of the open space by sale or otherwise (except to an organization conceived and established to own and maintain open space, subject to Township approval), except by dedication to the Township. The legal documents creating the organization shall be subject to Township approval and shall allow the organization to lien property and property owners within the cluster development for open space maintenance costs. All property owners within the cluster development shall be members of said organization. The organization may lease open space lands to the developer or other qualified person or corporation for operation and maintenance of open space lands, provided that:
[1]
The residents of the cluster development shall at all times have access to the open space.
[2]
The open space shall be properly maintained for the purposes set forth in this chapter and as allowed by the Township.
[3]
The operation of the open space may be for the benefit of the residents of the cluster development only or open to the general public.
(h)
The documents provided for the ownership and maintenance of the open space shall include:
[1]
A complete description of the organization to be established for the ownership of the open space, including its mean of establishment, maintenance and financing. A method for assessing mandatory fees on all property owners in the cluster development for maintenance of the open space shall be provided. The obligation of each property owner relative to open space ownership, maintenance and mandatory membership in said organization shall be evidenced by documents in the chain of title for each lot.
[2]
A method to give adequate notice to property owners within the cluster development in the event of the sale or other disposition of any part of the open space and in the event of assumption of the maintenance of open space lands by the Township as hereinafter provided.
[3]
That in the event the organization established to own and maintain the open space, or any successor thereto, shall at any time after establishment of the cluster development fail to maintain the open space in reasonable order and condition in accordance with the development plan in the opinion of the Township, the Township may proceed to demand that the maintenance deficiencies be corrected and may enter upon and maintain the open space if proper maintenance is not achieved. The cost of such maintenance by the Township shall be assessed ratably against the properties within the cluster development and shall become a lien on said properties. The Township, at the time of entering upon said open space for the purpose of maintenance, shall file a notice of lien in the Chester County Office of the Prothonotary upon the properties within the cluster development.
F.
The following regulations shall be observed for multifamily dwellings permitted by conditional use per § 225-7B(3)(d).
(1)
Height, area, and bulk.
(a)
Maximum height.
[1]
For any dwelling building or structure: 35 feet, subject to modifications described below and not exceeding three stories (except that living area in the attic space is permitted if the building or structure is architecturally consistent with a three-story building). In the case of a building consisting of separate and distinct architectural "sections" as defined below, the building height of the highest section or sections may exceed 35 feet but not 38 feet, so long as the following conditions are met:
[a]
The weighted average of all building heights in the building shall not exceed 35 feet. In computing the weighted average, the building height of each section shall be multiplied by the horizontal length of building height of that section and the sum shall be divided by the total horizontal length of the building. The attached illustration provides a hypothetical example of the calculation of weighted average building height.[1]
[1]
Editor's Note: Said illustration is included at the end of this chapter.
[b]
At least 50% of the combined horizontal lengths of sections' building heights in the building must be at or below 35 feet.
[c]
"Section" defined; illustration of example.
[i]
A "section" is defined as a distinct, vertical architectural element within a building caused by one or more of the following:
[A]
A break in the roofline at a vertical, common structural wall;
[B]
A vertical change in the exterior materials and/or colors used in the front facade;
[C]
A vertical break in the roofline at a non-common wall.
[ii]
An illustration of a building containing architectural sections may be found in the example attached.[2]
[2]
Editor's Note: Said illustration is included at the end of this chapter.
[2]
Accessory buildings or structures shall not exceed one story.
(b)
Minimum tract area and tract width.
[1]
A minimum gross tract area of 20 acres within East Caln Township shall be required.
[2]
A tract width at the building and street line of not less than 200 feet shall be provided. Further, no tract shall have a width of less than 100 feet at any point.
(c)
Setback regulations.
[1]
Perimeter setback. There shall be a setback of not less than 50 feet from any building within the development to any perimeter boundary or any perimeter public road right-of-way.
[2]
All buildings shall be set back a minimum of 10 feet from the curb of internal roads and either 20.5 feet from the face of curb of internal roads on which driveways are located or 20 feet from the edge of internal roads on which driveways are located where such roads do not have curbs but where the edge of the road shall be delineated in a visually clear and obvious manner.
[3]
Building separation. No exterior structural wall of a building may be located within 15 feet of an exterior structural wall of another building (subject to the provisions of the Unified Building Code), no front facades of facing buildings may be within 50 feet, and no rear facades of rear-facing buildings shall be within 60 feet.
[4]
The parking lot setback from the street line of 30 feet [per § 225-19 B(1)] may be reduced to 20 feet with the approval of the Board of Supervisors during the conditional use process in the event that such reduction will minimize disturbance of wetlands.
[5]
The required twenty-five-foot setback from parking lots and interior roads to abutting lot lines in a residential district [per § 225-19 B(4)] may be reduced to 12 feet with the approval of the Board of Supervisors during the conditional use process, provided fencing or other opaque barrier is provided between the parking lot and the residential district with the use of a low-maintenance barrier of between four and six feet in height and landscaping to screen the appearance of this barrier from the residential district.
(d)
Tract coverage. The maximum building coverage shall be 25% of the tract area, and the maximum total impervious coverage shall be 40% of the tract area; provided, however, that when impervious areas are dedicated to public use, the maximum impervious coverage may be increased to 45% of the tract area.
(e)
Building width. A minimum building width of 24 feet shall be provided for residential buildings.
(f)
Open space. A minimum of 40% of the tract area shall consist of open space, complying with the provisions of § 225-7F(4).
(2)
Overall density regulation. The maximum density for multifamily dwellings shall be 7.0 dwelling units for each acre computed under the regulations of § 225-15G of this chapter, provided that man-made steep slopes shall not be required to be netted out if graded to a non-steep slope condition as part of required site environmental remediation.
(3)
General regulations. The following requirements shall apply to any multifamily development proposed for development pursuant to this chapter:
(a)
Ownership. The tract of land to be developed shall be in one ownership, or shall be the subject of one application filed jointly by the owners of the entire tract, and shall be under unified development control. If ownership of the entire tract is held by more than one person or entity, the application shall identify, be signed by and be filed on behalf of all the said owners. Approval of the application and accompanying plan shall be conditioned upon written agreement by the applicant or applicants that the tract shall be developed under a single management entity with the power and obligation pursuant to recorded covenants in a form acceptable to the Township Solicitor to comply with any conditions to approval of the application and in accordance with the approved plan. If ownership of all or any portion of the tract changes following approval of the application and plan, no site preparation or construction by such new owner or owners shall be permitted unless and until such owner or owners shall review the terms and obligations of approval and agree in writing to be bound thereby with respect to development of the tract.
(b)
Sewer and water facilities. The tract of land shall be served by water and sanitary sewer facilities acceptable to the Board of Supervisors, upon the recommendation of the Township Engineer. Such facilities shall be designed and constructed in compliance with the East Caln Township Subdivision and Land Development Ordinance (Chapter 185) and the regulations and standards of the supplier of the said services, including any revisions thereto promulgated by the said supplier to conform to the requirements of the development.
(c)
Architecture
[1]
Architectural components shall be distinctive yet harmonious with the character of the Township and of unified character throughout the development.
[2]
At the discretion of the Board, building facades and rooflines shall be varied and/or staggered to create a visually diverse appearance.
[3]
When requested by the Board, rendered architectural elevation and perspective drawings, providing a clear perspective of the relationship of the proposed development to the site and its visual impact on adjacent properties, shall be submitted as part of the conditional use application.
(d)
Development plan. Any multifamily development shall be the subject of an application for conditional use approval which shall be accompanied by a plan or plans ("development plan") showing the size and location of all proposed structure(s) and/or use(s), location of the required landscaped areas, all proposed facilities, including access driveways and parking areas and any other areas and uses of the tract. The development plan shall cover the entire tract, regardless of any intended phasing of development. Accompanying the development plan shall be rendered architectural elevations and perspective drawings, providing a clear perspective of the relationship of the proposed development to the site and its visual impact on adjacent properties, and a written site concept design standards document in which the applicant shall present proposals for:
[1]
Adherence to the development plan, including, but not necessarily limited to:
[a]
Building alignment.
[b]
Location of parking areas.
[c]
Driveway areas.
[d]
Shared amenities.
[2]
Design guidelines for buildings, including, but not necessarily limited to:
[a]
Exterior facing material.
[b]
Rooflines and roofing material.
[3]
Design guidelines for site improvements, including, but not necessarily limited to:
[a]
Open space system, including:
[i]
Pedestrian spaces.
[ii]
Linkage of open space areas.
[b]
Walkway systems, including:
[i]
Circulation concept.
[ii]
Pavement types.
[c]
Internal traffic circulation.
(e)
Development agreement. The development of a tract carried out in either a single phase or in stages shall be executed in accordance with a development agreement. The owner(s), developer, Township and, where applicable, lender, shall enter into said agreement embodying all details regarding compliance with this chapter to assure the binding nature thereof on the overall tract and its development, which agreement shall be recorded with and be a condition of approval of the final land development plan.
(f)
Stormwater management plan. The control of erosion and sediment during construction, and the ongoing management of stormwater on the tract, shall be accomplished in accordance with the East Caln Township Subdivision and Land Development Ordinance (Chapter 185); provided that a waiver of the stormwater reduction requirements of § 185-39B(5)(a) of the Subdivision and Land Development Ordinance shall be granted if relief from such provisions is also granted by the Chester County Conservation District.
(g)
Covenant and restrictions. The language, terms and conditions of any proposed covenants or restrictions proposed by the developer shall be subject to the approval of the Board of Supervisors upon recommendation of the Township Solicitor. The Township shall have the right of enforcement of any covenants or restrictions. No amendments to the covenants and restrictions affecting Township rights and interests may be enacted without Township approval. Additional covenants and restrictions may be required by the Board of Supervisors.
(4)
Open space regulations.
(a)
A minimum of 40% of the tract to be developed shall be designed, restricted and used as open space ("open space").
(b)
Areas counted for the open space requirement may be used in whole or in part for passive recreational uses and for natural resource preservation; provided, however, that the type and design of passive recreation uses permitted within open space areas shall be limited to those which are appropriate based upon the prevailing environmental conditions and as approved by the Township. Under no circumstances are motorized vehicles authorized within any open space areas, except for the performance of public safety services or maintenance of the open space area, and the governing document restricting the use of open space areas shall so specify.
(c)
Open space shall be arranged and located to take advantage of physical characteristics of the site and to place open spaces within easy access and view of dwelling wilts, at the same time preserving and, where applicable, enhancing natural features and environmentally sensitive areas such as woodland, lakes, stream valleys and steep slopes areas.
(d)
Areas set aside for open space shall be significant in size and character. Strips of land less than 100 feet in width shall not be counted towards open space. Areas set aside for open space shall be suitable for the designated purpose and shall be consistent with the comprehensive plan policy for future land use in the Township. Areas designated as open space shall contain no structure other than a structure related to permitted open space uses, stormwater management or utilities.
(e)
Any land counted toward the open space requirements must be made subject to a declaration of covenants, restrictions and easements acceptable to the Township Solicitor and duly recorded in the Chester County Office of the Recorder of Deeds. Such covenants, restrictions and easements shall prohibit development of open spaces, except as to permitted passive recreational uses.
(f)
Open space may be dedicated to the Township if accepted by the Township or to the Borough of Downingtown if not accepted by the Township. Proposed open space already owned by the Borough may be retained in the Borough's ownership.
(g)
In the event that the open space is not accepted by the Township or the Borough of Downingtown, the landowner shall provide for and establish an organization .for the ownership and maintenance of the open space. Such organization shall not be dissolved nor shall it, or the Borough, dispose of the open space by sale or otherwise (except to an organization conceived and established to own and maintain open space, subject to Township approval), except by dedication to the Township. The legal documents creating the organization shall be subject to Township approval and shall allow the organization to lien property and property owners within the multifamily development for open space maintenance costs. All property owners within the multifamily development shall be members of said organization. The organization may lease open space lands to the developer or other qualified person or corporation for operation and maintenance of open space lands, provided that:
[1]
The residents of the multifamily development shall not be excluded from access to the open space.
[2]
The open space shall be properly maintained for the purposes set forth in this chapter and as allowed by the Township.
[3]
The operation and use of the open space shall be subject to the approval of the Township.
(h)
The documents provided for the ownership and maintenance of the open space shall include:
[1]
A complete description of the mechanism to be established for the ownership of the open space, including its mean of establishment, maintenance and financing. A method for assessing mandatory fees on all property owners in the multifamily development for maintenance of the open space shall be provided. The obligation of each property owner relative to open space ownership, maintenance and mandatory membership in any organization established for ownership of the open space shall be evidenced by documents in the chain of title for each unit.
[2]
A method to give adequate notice to property owners within the multifamily development in the event of the sale or other disposition of any part of the open space and in the event of assumption of the maintenance of open space lands by the Township as hereinafter provided.
[3]
That in the event the Borough of Downingtown or the organization established to own and maintain the open space, or any successor thereto, shall at any time after establishment of the multifamily development fail to maintain the open space in reasonable order and condition in accordance with the development plan in the opinion of the Township, the Township may demand that the maintenance deficiencies be corrected and may enter upon and maintain the open space if proper maintenance is not achieved. The cost of such maintenance by the Township shall be assessed ratably against the properties within the multifamily development and shall become a lien on said properties. The Township, at the time of entering upon said open space for the purpose of maintenance, shall file a notice of lien in the Chester County Office of the Prothonotary upon the properties within the multifamily development.
(i)
The Township shall attempt to coordinate with the Borough of Downingtown to ensure that use of the open space shall be regulated uniformly with open space associated with the multifamily development situate in the Borough.
