Easttown Township City Zoning Code
ARTICLE VI
Lot Averaging
§ 455-26 Purpose.
In addition to the general purposes and objectives listed in § 455-2, Purposes; community development objectives, of this chapter, the lot averaging design option is established for the following purposes:
A.
Allow qualifying parcels of land to be developed in such manner as to preserve and protect historic resources and environmentally sensitive land which contain any one or more of the following natural resources: steep slopes, wetlands or floodplains, and/or which are comprised in whole or in part of natural features, such as woodlands, hedgerows, and stream valleys.
B.
Allow variation in lot sizes to permit the location of buildings in a manner that is compatible with the undisturbed natural features and topography of the land proposed to be developed.
C.
Implement the policies of the Easttown Township Comprehensive Plan, as may be amended or readopted, and the Recreation, Open Space and Environmental Resources Plan, as may be amended or readopted, to protect environmentally sensitive areas and to preserve the Township's scenic character.
[Amended 11-21-2022 by Ord. No. 453-22]
D.
To provide for the location of dwelling units and their accessory uses where they are least visible and hidden by topography or vegetation.
§ 455-27 Eligibility regulations.
A.
Applicable districts. Lot averaging is permitted in the following two zoning districts: AA and R-1.
B.
Conditional use process. Lot averaging is only permitted as a conditional use when approved by the Board of Supervisors, upon recommendation of the Township Planning Commission, in accordance with the procedures and standards specified in Article XIV of this chapter. Approval of each proposed lot averaging proposal shall be evaluated individually as it affects various site features.
C.
Minimum number of lots. A minimum of four lots must be proposed to be eligible for this design option.
D.
Dwelling type permitted. The lot averaging regulations of this article are permitted only for the development of single-family detached dwellings.
E.
Maximum yield of residential lots. When an applicant proposes to develop utilizing the lot averaging regulations of this article, the maximum yield for development of lots shall be determined in either of the following ways, after being accepted as sufficient by the Zoning Officer:
(1)
A plan of conventional (non-lot-averaged) single-family development subdivision shall be submitted in sufficient engineering detail so as to afford review and determination of the maximum number of single-family lots achievable in the zoning district in which the lot or lots is/are located. The total number of dwelling units permitted under this article shall not exceed the number of lots which could be created by conventional single-family lot subdivision; or
(2)
A determination of the maximum yield by taking the net lot area of the lot or lots proposed for development, subtracting 15% for rights-of-way, utilities, and similar features, and dividing this figure by the minimum lot size for the applicable zoning district in Figure 3-2[1] to establish the number of lots that may be developed under this article. A site plan of sufficient engineering detail shall be submitted so as to afford review and determination that includes the location, zoning district, lot sizes, natural resources, minimum lot size requirements, and calculations described in this subsection.
[1]
Editor's Note: Figure 3-2 is included as an attachment to this chapter.
F.
Ownership. The lot shall be held in single and separate ownership or, in the case of multiple ownership, shall be developed according to a single plan with common authority and responsibility.
[Amended 12-15-2014 by Ord. No. 424-14]
§ 455-28 Design regulations.
A.
The average lot size for all lots within a development using this design option shall be equal to or greater than the required minimum lot size based upon net lot area of the applicable zoning district.
[Amended 12-15-2014 by Ord. No. 424-14]
B.
The remainder of the lots shall comply with the lot area and other dimensional requirements specified in Figure 6-1 below for the district in which the development lot is located.
[Amended 9-21-2009 by Ord. No. 391-09; 12-15-2014 by Ord. No. 424-14; 2-4-2019 by Ord. No. 437-19]
Figure 6-1 Lot Averaging Requirements | ||||
|---|---|---|---|---|
AA District | R-1 District | |||
Minimum net lot area (square feet) | 40,000 | 21,780 | ||
Maximum impervious surface | 13.5%a | 18.5%a | ||
Minimum frontage (feet) | 80 | 70 | ||
Minimum front yard setback (feet) | 50 | 40 | ||
Minimum side yard setback (aggregate — feet) | 40 | 30 | ||
Minimum side yard setback (feet) | 20 | 15 | ||
Minimum rear yard setback (feet) | 40 | 35 | ||
NOTES: | |
a | Represents the total impervious surface allowed based upon the tract(s) being subdivided, which shall be allocated to the newly created lots. The sum of the impervious surfaces for all newly created lots shall not exceed the total impervious surface that would have been allowed based on the lot area of the tract(s) being subdivided. The total area of impervious surface allocated to each new lot shall be noted on the recorded subdivision plan as restrictive covenant that runs with the land and such restriction shall also be included in the deed for each lot. |
C.
Setbacks for yards abutting the perimeter of the lot shall equal the minimum setbacks otherwise required for standard lots in the district.
[Amended 12-15-2014 by Ord. No. 424-14]
D.
Wherever possible, buildings shall:
(1)
Be situated below ridgeline or tree line elevations to prevent disruption of existing vistas.
(2)
Be located outside of broad, open vistas.
(3)
Be set back from the parent lot boundaries and road frontage a distance that is equal to or greater than that of abutting lots.
[Amended 12-15-2014 by Ord. No. 424-14]
E.
Approval by the Board of a conditional use allowing development using the lot averaging regulations of this article shall not determine the number of lots ultimately to be approved. Such number shall be determined only upon the Board's approval of a final subdivision and land development plan when compliance with all applicable regulations of Chapter 400, Subdivision and Land Development, is determined.
F.
No lot of such size as to be capable of further subdivision shall be included in determining the number of lots within the development lot to be developed using the lot averaging regulations of this article, unless its further subdivision is precluded by a deed restriction or restrictive covenant in form and content acceptable to the Township Solicitor, filed of record in the office of the Recorder of Deeds of Chester County, Pennsylvania, contemporaneously with the recording of the final plan and such preclusion is noted on the face of both the preliminary plan and the final plan approved by the Board and filed of record in said office.
[Amended 12-15-2014 by Ord. No. 424-14]
§ 455-29 Site assessment.
A.
The following materials shall be submitted to provide sufficient information of site features to effectively evaluate and determine whether the proposed development should use the lot averaging design option:
(1)
Identification and mapping of site features of the lot and other required preliminary plan information in accordance with the plan information requirements of § 400-19, Status of approved preliminary and final plans, of Chapter 400, Subdivision and Land Development.
[Amended 12-15-2014 by Ord. No. 424-14]
B.
Analysis. The applicant shall include a review of anticipated impacts that the proposed development will have on the site and its related features in terms of both positive and negative impacts. The application should demonstrate how a creative design approach would promote conservation and incorporation of local resources over conventional development approaches.