A.

General development standards.

1.

All applicable standards of Article XIX and Article XX shall apply.

2.

To protect the interests of existing neighboring properties, all proposed dwelling units in an open space design option development shall be situated so as to maintain a minimum setback from any predevelopment perimeter boundary of the tract, in accordance with the following:

3.

Placement of buildings and design of internal circulation systems shall minimize adverse impact to existing streets.

4.

At its sole discretion, the Board of Supervisors may require the applicant to provide architectural renderings generally illustrating the intended exterior design, including principal exterior materials, of any structures to be built on lands developed in accordance with this Article. Such drawings shall effectively present an overall architectural theme which is internally consistent and compatible with Township character, surrounding properties, and objectives in § 240-1700. The Board of Supervisors may further require, as a condition of approval, establishment of specific architectural design guidelines and/or a formal design review process, or other appropriate means to guarantee adherence to the intended architectural theme presented by the applicant.

B.

Open space resource protection standards.

1.

In utilizing the open space design option, the proposed design shall, to the greatest degree practicable, limit disturbance to significant natural, historic, scenic, and cultural resources identified in the site analyses required in accordance with the Kennett Township Subdivision and Land Development Ordinance.

2.

Conservation of scenic views and other resources.

a.

The applicant shall demonstrate maximum conservation of scenic views from public streets and neighboring residential properties, including but not limited to lines of view from vista points as shown on the Kennett Township Visual Resources Analysis Map, and direct lines of view from adjacent public streets to visual accents included on said map. The applicant may demonstrate conservation of views either through location of proposed development outside of such views or through retention of natural vegetation, existing structures, or existing topography.

b.

Views of buildings from streets and properties abutting the development shall be minimized by the use of existing topography, natural vegetation, or additional landscaping which meets the landscaping and screening requirements of this Chapter and the Subdivision and Land Development Ordinance.

c.

Every attempt shall be made to situate all buildings below ridgeline elevations and maintain existing trees and woodland vegetation along ridgelines.

d.

Where conservation of scenic views is not practicable in the context of proposed development plans, the applicant shall demonstrate mitigation of visual impacts through at least one of the following means:

1)

Provision of introduced landscaping to effectively screen the proposed development from view from public streets and adjacent residential properties per Article XX.

2)

Submission of individual building design plans with sufficient detail to demonstrate, in terms of how such buildings may be viewed from public streets or neighboring residential properties, reasonable replication of proportional relationships of form and massing evident in existing historic resources, including ratios of height to width, length of individual facade segment, roof pitch, relative size and placement of windows, doors and other facade details.

3)

The distance from point of public or neighboring view also may be considered as a mitigating factor in review of plans for buildings within such view.

3.

The applicant shall demonstrate compliance with applicable Flood Hazard District regulations, natural resource protection standards of Article XVIII, and historic resource protection standards of Article XVI, as well as the Subdivision and Land Development Ordinance. In addition, the applicant shall demonstrate compliance with special protection guidelines for designated special protection waters.

4.

Where feasible, the applicant shall demonstrate conservation of any site included in the Chester County Natural Areas Inventory and/or any unique natural area inventoried in "Linking Landscapes, A Plan for the Protected Open Space Network in Chester County," as may be amended from time to time.

5.

Except as otherwise may be specified in this article, development shall not be permitted in the common open space. Where disturbance of such is proposed, the determination of necessity for such disturbance shall lie with the Board of Supervisors. When permitted, disturbance shall be kept to a minimum. For example, clearing of woodland habitat shall generally be prohibited except as necessary to create trails or passive recreation facilities.

6.

In consideration of approval of any development utilizing an open space design option, the Township may require that the applicant demonstrate maximum practicable conservation of Class I and Class II woodlands and any area of interior woodland as designated on the Kennett Township Woodland Classification Map and Interior Woodlands Map, as well as any woodlands located within a designated woodland corridor or riparian corridor, specimen trees, and heritage trees. The Township also may require reforestation of non-wooded open space within any woodland corridor or riparian corridor. In support of such conservation and/or reforestation, the applicant shall incorporate appropriate long-term conservation and woodland management provisions within the required open space management plan, including provision for reforestation where deemed appropriate by the Township.

C.

Open space configuration and use standards.

1.

Configuration of common open space. The location and layout of common open space shall be configured so as to promote adherence to purposes of § 240-1700 and resource protection standards in § 240-1705.B and § 240-1705.D and shall conform to the following conditions:

a.

A portion of the common open space equal in area to at least 15 percent of the gross tract area shall exclude areas comprised of flood hazard districts, wetlands, very steep slopes, and sewage systems.

b.

Except where the primary purpose of the open space is the preservation of agricultural uses or conservation purposes, at least 30 percent of the land comprising the common open space in the RA and RR districts and 50 percent of the land comprising the common open space in RS, the districts shall be available for the common use and passive enjoyment of residents of such development.

c.

Open space shall be directly accessible to the largest practicable number of lots within the development. Non-adjoining lots shall be provided with safe and convenient access to open space land where such land is intended for the enjoyment of residents.

d.

Open space shall be interconnected wherever possible to provide a continuous network of open space land within and adjoining the development.

e.

Except as may be permitted in Subsection C.1.f and C.2, no portion of the common open space shall be measured as contributing to the minimum required common open space area where such land:

1)

Is less than 100 feet in width at the narrowest dimension at any point;

2)

Is located within 35 feet of any structure except structures devoted to permitted open space uses;

3)

Is occupied by impervious surfaces;

4)

Is included within the lot lines of any lot less than 10,000 square feet in area;

5)

Comprises a single parcel less than one acre in area; or

6)

Is occupied by stormwater management facilities, excluding stormwater conveyance facilities, except in accordance with § 240-1705.E.

f.

Where common open space in the form of greens, commons, squares, or parks are proposed within the development, it shall be designed to meet § 240-2017.

2.

Uses permitted in the open space. Except where approved by the Board of Supervisors and as established in the required open space management plan, areas designated for open space purposes may be used only for the following purposes:

a.

Crop or pasture land, including animal use such as equine.

b.

Cultivation of nursery stock or orchard trees.

c.

Woodland, meadow, wetland, wildlife habitat, game preserve, or similar conservation-oriented area.

d.

Passive park or passive outdoor recreation, not including golf courses.

e.

Neighborhood open space uses, such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses and other uses of similar character and potential impact as determined by the Board of Supervisors.

f.

Land application of wastewater, including drip irrigation, where permitted by the Township Act 537 Sewage Facilities Plan and where the Board of Supervisors is satisfied that adequate provision(s) is guaranteed for the long-term management and maintenance of such system.

g.

Individual sewage systems outside the bounds of lots which they serve, where permitted by the Township Act 537 Sewage Facilities Plan and subject to determination by the Board of Supervisors that adequate provision is made for long-term management and maintenance of such systems by owners of the lots which they serve.

h.

Stormwater management facilities per § 240-1705.E.

i.

Underground utility rights-of-way.

j.

Adaptive reuse of historic resources, or other existing structure, for uses consistent with permitted open space use of the land, including conservation education uses and community recreational purposes, per Article XVI.

k.

Planted areas used for screening purposes and noise control.

l.

Uses customarily incidental to the principal uses permitted herein.

3.

Subject to the provisions for calculating minimum required open space in this Article, sewage systems and stormwater management systems, including basins, may be located entirely or partially within common open space areas; however no such system shall be located in constrained lands in Subsection C.1.a. Where such are located, easements satisfactory to the Board of Supervisors shall be established to require and enable maintenance of such facilities by the appropriate parties.

4.

Except to provide for permitted open space uses, designated open space shall be restricted from further subdivision or development by deed restriction, conservation easement, restrictive covenant, or other agreement in a form acceptable to the Township and duly recorded in the office of the Recorder of Deeds of Chester County.

D.

Special provisions for protection of historic resources.

1.

Historic resources and their historic landscape context shall be preserved through their incorporation into development plans and design, including historic structures, ruins or archaeological sites, historic road or other transport traces, paths and trails, and any other historic landscape features.

2.

Standards for historic resources. The applicant shall comply with the following standards where renovation or reuse of any historic resource is proposed.

a.

The rehabilitation, alteration, or enlargement of any such historic structure shall meet § 240-1603.

b.

The applicant shall demonstrate preservation of sufficient landscaped or buffer area surrounding historic resources to retain the integrity of the historic landscape setting. The applicant may demonstrate mitigation of impacts to historic landscape setting through introduction of vegetation or other screening in harmony with such landscape setting and through retention of view lines which visually link historic resources to their landscape setting.

c.

Facilities and equipment for heating/air conditioning, trash collection and compaction, and other structural elements not in keeping with historic and/or architectural character shall be concealed architecturally or otherwise screened from view.

d.

The applicant shall guarantee permanent adherence to these standards through establishment of appropriate easement(s) acceptable to the Township Solicitor, such easement(s) to be conveyed to Kennett Township or to a bona fide conservation organization or agency acceptable to the Board of Supervisors.

E.

Stormwater management and sewer systems in common open space.

1.

At the discretion of the Board of Supervisors, upon recommendation by the Planning Commission, the area devoted to stormwater management and sewer facilities may be included within the minimum required common open space where the applicant can demonstrate to the satisfaction of the Board of Supervisors that such facilities are designed in accordance with this section and shall achieve the following objectives:

a.

Promote recharge of groundwater systems; or

b.

Be available and appropriate for passive recreational or scenic enjoyment.

2.

Where permitted, the area of stormwater facilities that may be included within the minimum required common open space shall be calculated as follows:

a.

The total stormwater volume to be managed within the tract under application shall be calculated.

b.

For all areas satisfying either objective in § 240-1705.E.1, the volume of stormwater managed within such areas shall be calculated.

c.

The area that may be included as part of the minimum required common open space shall be calculated as the total defined area (established as provided in subsection d. multiplied times the ratio of calculation in § 240-1705.E.2.b divided by the calculation in § 240-1705.E.2.a.)

d.

The defined area shall be calculated by including all areas within the perimeter embankments or berms of all stormwater detention and retention facilities. The measurements shall include all areas within the contour line established by the top elevation of the stormwater retention embankment on the outlet or downhill side of the basin. This area shall include the fill portion of the embankment extending from the toe of the fill slope to the top of the embankment. Where, due to site grading, the limit of the fill slope is not clear, the limit shall be determined by the Board of Supervisors upon recommendation by the Township Engineer. The area thus enclosed is the "defined area."

3.

The applicant recognizes that any area considered as applicable for inclusion with the minimum required open space shall be subject to management that meets the required open space management plan.

4.

The stormwater management facility must comply with the requirements of the Kennett Township Stormwater Management Ordinance and shall utilize infiltration to accommodate water quality and runoff volume requirements in order to be considered for inclusion in the minimum open space requirements.

5.

The above provisions may be altered by the Board of Supervisors where the applicant has demonstrated to the satisfaction of the Board of Supervisors that variation from these standards results in a pattern of development more fully in compliance with the purposes of this article.

(Ord. No. 300, § I, 2-1-2023)