Newtown City Zoning Code
§ B70-4.05.1
Residential open space development.
[Added 5-16-2012, effective 6-18-2012]
A.
Purpose and Intent: The intent of this regulation is to allow for greater flexibility and creativity in the design of single-family residential developments within the Borough of Newtown and to provide for larger areas of open space and the preservation of the unique natural features of land parcels in order to properly manage such growth.
B.
Applicability: Any parcel or contiguous parcels consisting of more than 25 acres of land that lie entirely within a residential zone are eligible to apply for a Special Exception for an Open Space Residential development per § 4.06K for the following uses:
(1)
Detached Single-Family Dwelling Units with attached or detached garages, which shall be served by a private street, maintained by and at the expense of a private homeowners' association.
(2)
A clubhouse, community center, cabana, picnic pavilion, pool, tennis court, or other passive or active recreation facility, exclusively serving the dwelling units on the parcel and subject to all other area, height, and yard requirements of the underlying zone.
C.
Any such development shall meet the standards and regulations for residential uses contained in these regulations, except that the standards contained in this subsection shall prevail over any conflicting standard otherwise applicable.
(1)
Density Calculation: The maximum number of dwelling units permitted shall not exceed 1.5 times the Developable Acreage, which is the total (gross) acreage of the parcel(s) minus any land having wetlands, watercourses, ponds, or steep slopes over 25%. In addition, the total number of units cannot exceed one per acre of the total (gross) acreage of the parcel(s).
(2)
Open Space: A minimum of 50% of the parcel must be set aside as preserved open space via a conservation easement in favor of the Borough of Newtown, resulting in the protection of the unique features of the parcel. The preserved open space may contain trails, bike paths, picnic tables, docks, un-motorized boat storage, and other features for passive recreation, but shall contain no structures nor permit motorized vehicles within.
(3)
Area, Height and Yard Requirements: Area, Height and Yard Requirements of the underlying zone and all other applicable sections of these regulations apply, and in addition:
(a)
Setbacks: In order to provide a buffer area to the neighboring parcels, the minimum setback from the public streetline shall be 200 feet or four times the regular setback for the underlying zone, whichever is greater. The minimum side and rear yards shall be 100 feet or four times the regular setback for the underlying zone, whichever is greater. No private street, driveway, parking area, or structure shall be within the minimum setback area other than that portion of a private street or required secondary accessway (if any), the sole purpose being for entrance or egress from the property to the street.
(b)
Minimum Distance Between Buildings: In no case shall the distance between buildings be less than 20 feet, except for detached garages, which must be no less than five feet from the dwelling unit they serve and 20 feet from any other building.
(4)
Wastewater Discharge and Water Supply: Any lots considered for Residential Open Space Use shall have access to public sewers and public water, and any development shall be connected to public sewers and public water before final Certificate of Occupancy.
(5)
Utilities: All utilities on the lot shall be underground.
(6)
Steep Slopes: Site layout should be designed to minimize development upon and re-contouring of slopes having 25% or more grades. Disturbance of steep slopes and the creation of steep slopes shall be avoided to the greatest extent possible.
(7)
Accessways, Private Streets, Driveways, Sidewalks, and Parking.
(a)
Accessways:
[1]
Each Residential Open Space development shall be served by a strip of land having a width of not less than one hundred (100) feet throughout its length from a public highway through which vehicular access is provided. This shall contain a private street as the primary accessway for ingress and egress.
[2]
Each parcel containing 40 or more dwelling units shall have a secondary accessway suitable for use by emergency vehicles. The secondary accessway shall be not less than 20 feet wide throughout its length. It may be located within the same strip of land as the primary accessway or in a separate location, but may not encroach upon the private street which is the primary accessway. The secondary accessway need not be paved with an impervious surface, however it shall be hard surfaced and accessible by fire apparatus. The secondary accessway shall remain unobstructed and shall be maintained at all times so that there are no impediments to emergency vehicle use.
(b)
Streets:
[1]
The streets within the lot shall remain in private ownership and shall be designed for safe and easy circulation of traffic within the lot. The private streets shall be laid out with attention to the natural contours of the land and natural features on the lot. The private streets must be capable of providing easy access for all emergency vehicles.
[2]
The design speed shall be 15 mph and so posted with proper signs. The minimum horizontal curve radius shall be 70 feet, the minimum stopping sight distance shall be 65 feet and the minimum sight distance for intersections shall be 70 feet. All other construction methods and materials of the private streets shall conform to the standards for a local residential street as set forth in the Newtown Road Ordinance, as amended, except that no easement, right of way or dedication of land to the Town or Borough shall be required for the private streets.
[3]
All phases of the construction of the streets shall be inspected and certified by the applicant's licensed professional engineer. All certifications must be provided to the Newtown Land Use Agency prior to the release of any bonds.
[4]
Intersection with public highway: Private streets shall enter a public highway only in locations where the sight distance in each direction meet or exceed the requirements of the Newtown Road Ordinance and any applicable state regulations. No private street shall enter a public highway less than 75 feet from the centerline of the nearest intersecting highway or private street on the same side of the public highway. Proposed private streets shall intersect existing and other proposed streets at right angles for a distance of at least 100 feet from the intersecting street lines unless otherwise approved by the Commission. Such approval shall not be granted where the intersection is at an angle less than 60º.
(c)
Driveways: Each driveway serving dwelling units shall meet the following criteria:
[1]
Travel width: The travel width of the driveway shall at no point be less than 10 feet. Driveways serving more than one dwelling unit shall be not less than 16 feet wide.
[2]
Grading: Driveways within the lot shall not contain grades greater than 5%.
[3]
All driveways upon the site shall intersect with the private street in the development. No driveway shall intersect directly with a public highway.
(d)
Sidewalks: As part of the granting of the special exception, the Commission may require the installation of a sidewalk along any portion of the parcel which fronts on an existing public highway.
(e)
Parking: Three parking spaces per dwelling unit shall be provided off the private street. Each parking space shall contain a rectangle no less than nine feet in width and 18 feet in length. Parking spaces may be provided by use of a garage, driveway, or a paved surface dedicated to parking.
(8)
Lighting: All private streets and parking areas shall be artificially illuminated. Such lighting shall be residential in character and shall be coordinated with the landscaping plan. No direct rays from such lighting shall fall off the lot or shine into the windows of the dwelling units within the lot. All exterior lighting shall comply with the provisions elsewhere in these regulations.
(9)
Dogs: The limitations established in § 4.07E shall not apply to Open Space Residential developments. For such developments, the keeping or boarding of dogs over the age of six months not for profit shall be limited to three per dwelling unit.