Newtown Township City Zoning Code
ARTICLE X
R-4 Residence Districts
[Added 1-28-1980 by Ord. No. 1980-1]
§ 172-35 Applicability.
In R-4 Residence Districts, the regulations contained in this article shall apply.
§ 172-36 Purpose.
R-4 Residence Districts are designed to make special provisions for townhouses and row house residential housing developments in appropriate land areas.
§ 172-37 Permitted uses.
A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other:
A.
Detached single-family dwellings.
B.
Townhouses or row houses.
C.
Accessory uses designed for use of the residents of an R-4 Residence District shall be permitted as follows:
(1)
Accessory recreational uses, such as tennis courts, swimming pools, tot-lots or sauna baths, or other recreational uses or facilities used with and customarily incidental to the foregoing permitted uses and not seriously detrimental to a residential neighborhood.
(2)
Management offices, for sale or rental, superintendent or maintenance offices and facilities.
(3)
Attached or one-story detached private garages.
(4)
Professional offices when authorized as a special exception.
D.
Signs, subject to the provisions of Article XXII.
§ 172-38 Frontage and area regulations.
A.
Land shall be developed in accordance with the Township subdivision and land development procedures on a parcel of land of a minimum of 10 acres, hereinafter referred to as the "tract." The tract shall have a frontage along a street that permits public access. A maximum of four dwelling units per acre shall be permitted when averaged over the net area of the entire tract, herein defined to exclude all public street rights-of-way.
B.
The following regulations shall apply:
(1)
Each dwelling unit lot shall be developed as part of a multibuilding tract of at least 10 acres, with structural units containing not more than six dwelling units arranged in harmonious groupings, with building coverages not to exceed 15% of the net area of the tract. The paved area, exclusive of the area covered by building and allowed accessory uses, shall not exceed 30% of the net area of the tract.
(2)
Buildings shall be set back from streets and property lines of the tract by 100 feet where abutting R-1, R-1A, R-2 and R-3 Residence Districts and 75 feet in all other cases.
(3)
Setback requirements.
(a)
No building shall be closer than 10 feet to any parking area or cartway, excluding driveways to a garage held for the sole use of any dwelling unit, except where preservation of natural features is dictated when authorized as part of an overall land development plan. Dwelling units may be constructed in clusters; provided, however, that each cluster or attached group of dwelling units shall be separated from any other cluster or attached group as follows:
[1]
At blank walls: 30 feet.
[2]
At walls with windows: 50 feet.
(b)
Where a dwelling unit cluster faces upon an inner court, the minimum dimensions of the court shall be 60 feet by 60 feet.
(4)
Each dwelling unit shall be separated from others by party walls extending to the roof.
(5)
Each dwelling unit shall contain not less than 1,200 square feet of habitable floor space which shall be exclusive of any floor space contained in the cellar or basement and garage. The habitable floor space shall be that space which is included in the area within the walls of any dwelling unit which can be used principally and primarily for living quarters of one or more human beings.
(6)
Not less than 30% of all dwelling units within the development tract shall have a garage.
(7)
If, in accordance with Section 106 of the Pennsylvania Municipalities Planning Code[1] or any statute of similar import, the owner(s) and/or developer(s) offer(s) to dedicate any portion(s) of the tract to Newtown Township, and if the offer of dedication is accepted by Newtown Township, then, in such event or events, the owner(s) and/or developer(s) of the tract shall have the right to include the donated portion(s) of the tract as part of the overall tract for purposes of computing, where applicable, density, lot area, frontage requirements, building area, front, side and rear yards, building frontage depth, buffer area and total lot area coverage.
[1]
Editor's Note: See 53 P.S. § 10106.
§ 172-39 Height regulations.
[Amended 9-11-2000 by Ord. No. 2000-4]
No building shall exceed three stories, including the basement, or, alternatively, 35 feet in height, as measured in accordance with the definition of "building height" in this chapter.
§ 172-40 Tract ownership; division.
Except as hereinabove set forth in § 172-38B(7), all land in the tract, together with any improvements thereon, shall remain, exclusively and in perpetuity, in single or undivided common ownership for the benefit of the dwelling unit owner or owners, including an owner or owners of condominium units, except that the tract may be divided, in whole or in part, into separate lots for the conveyance and transfer of individual dwelling unit lots; provided, however, that, in such event, all other land in the tract, together with any improvements thereon, shall remain, exclusively and in perpetuity, in single or undivided common ownership for the benefit of the dwelling unit owner or owners, including an owner or owners of condominium units.
§ 172-41 Common open space.
A.
Not less than 40% of the tract area shall be designated in the subdivision or land development plan as common open space.
B.
Common open space shall be land that is appropriate and in suitable condition for recreation, park sites, woodland conservation, floodplains, tennis courts, swimming pools, tot-lots or a similar recreation or open space purpose.
C.
Common open space shall be contiguous to the development and be reasonable and safely accessible from the dwelling units.
D.
Consideration shall be given to take advantage of physical characteristics of the site and to place common open space within easy access and view of dwelling units while at the same time preserving and enhancing natural features. Areas set aside for common open space shall contain no structure other than a structure related to recreation.
E.
Common open space, within the meaning of this article, shall consist of a parcel or parcels of land or an area of water or streams or a combination of land and water or streams within the tract designed and intended for the use or enjoyment of residents of the development as accessory recreation uses. Common open space shall not include cartways, off-street parking areas, and areas set aside for public or private utilities or facilities or improvements which are not accessory recreation uses.
F.
A planted area, not less than 25 feet in width, of grass, lawn, shrubbery, evergreens and trees, consistent with the preservation of natural features such as floodplains or steep slopes, shall be placed and continuously maintained in a proper and attractive manner along the perimeter of the tract, exclusive of cartway crossings. All plantings shall be installed so as not to inhibit a clear line of sight at the intersections of vehicles and pedestrian circulation. Planting arrangements shall be submitted to and approved by the Newtown Township Planning Commission.
§ 172-42 Design and development of tract.
Every reasonable effort shall be made in connection with each tract to avoid excessive earth moving, undue tree clearance and destruction of natural features. The following priorities, when applicable and practical, shall be used in designing and developing the tract:
A.
Preservation of lakes, streams and wooded and steep slope areas.
B.
The development plan for the tract shall specify the means for protecting trees and other natural features during and after construction.
C.
The location and preservation of trees and other natural features must be given first consideration in planning common open space, location of dwellings, walks, paved areas and finished grade levels.
D.
Landscaping shall be regarded as essential to every development plan. Not only must natural features, trees and slopes of the site be preserved to the utmost extent possible, but careful attention must be given to landscaping of parking areas and to provide trees along cartways.
E.
Seeding, sodding and other planting shall be applied to disturbed areas, including steep slopes, to preserve and enhance the appearance of open space.
F.
Street and other lighting shall not shine directly into habitable dwelling windows located inside or outside of the tract.
G.
The tract shall be serviced with public water and fire hydrants.
H.
The tract shall be serviced with public sanitary sewer facilities.
I.
The tract shall be constructed in accordance with an overall plan and shall be designed as a single architectural theme.
§ 172-43 Common lands.
A.
Land development plans and documents shall describe the plan for ownership and maintenance of common lands.
B.
The cost of maintenance of common lands and all costs of operating and using all facilities within the tract shall be paid only by the residents and/or owners of the tract.
C.
The Board of Supervisors may require easements and/or deed restrictions covering all or portions of the common lands.
D.
The Board of Supervisors may require the applicant to provide for and establish an organization similar to that required by the Unit Property Act of July 3, 1963, P.L. 196,[1] or statutes of a similar nature or import, including supplements and amendments thereto, and require that such organization and/or dwelling unit owners shall hold undivided interests in the common lands and shall not convey, transfer, dispose of or otherwise alienate the common lands from the tract. In determining whether the organization described in the plan is adequate, the Board of Supervisors shall consider the type and structure of the organization from the standpoint of its capacity to raise revenue, meet obligations and properly maintain facilities.
[1]
Editor's Note: The Unit Property Act was repealed 7-2-1980 by P.L. 286, No. 82. See now 68 Pa.C.S.A. § 3101 et seq.
E.
In the event that the common lands, in the judgment of the Board of Supervisors, are permitted to deteriorate or are not maintained in reasonable condition in accordance with the approved plan, the ordinances of the Township of Newtown and/or applicable statutes of the Commonwealth of Pennsylvania, whether the same are now in force or hereafter effective, the Township shall have the option of taking whatever steps are afforded by law to require compliance therewith and/or to enter upon the common lands and properly maintain the same, and, in the latter event, prior to entering upon the property, the Board of Supervisors shall give notice of the condition complained of to the tract owner(s) and afford the latter a period of not less than 30 days to remedy and correct the same. The cost of such proceedings and/or maintenance by the Township shall be assessed ratably against the properties within the development tract which have a right of enjoyment of the common lands and shall become a lien upon such properties upon filing thereof as required by law.
