South Hanover City Zoning Code
ARTICLE X
Residential Cluster District: R-C
§ 27-1001 Purpose.
[Ord. No. 2-1995, § 1001, 4/11/1995]
The purpose of the Residential Cluster District is to provide for residential living opportunities of a suburban nature at low or medium densities, dependent upon the provision of public sewage and water services. As an optional form of development, residential units may also be clustered on lots smaller than those specified under the base regulations of this district; provided, a conditional use application is approved by the Township Board of Supervisors.
§ 27-1002 Permitted uses.
[Ord. No. 2-1995, § 1002, 4/11/1995; Ord. No. 2-2007, § 11, 5/22/2007]
1.
Unless otherwise permitted by this chapter a building may be erected or used for the following purposes:
A.
Single-family detached dwelling.
[Amended by Ord. No. 1-2019, 2/12/2019]
B.
Churches or similar places of worship, parish houses and associated social facilities.
C.
Public recreation areas.
D.
The tilling of soil, the raising of crops, fruits and vegetables, greenhouses and nurseries.
E.
Municipal buildings and facilities.
F.
Home occupations.
G.
Public utility services and facilities including substations, water pumping stations and reservoirs.
H.
Customary accessory uses and buildings incidental to any permitted uses.
I.
Cottage industry.
[Added by Ord. No. 4-2020, 7/28/2020]
§ 27-1003 Conditional uses.
§ 27-1004 Height regulations.
[Ord. No. 2-1995, § 1004, 4/11/1995]
The height of a principal building shall not exceed 35 feet. The height of an accessory building shall not exceed 14 feet, except that accessory buildings devoted for farm use shall be exempt from height regulations.
§ 27-1005 Lot area, width and yard regulations.
[Ord. No. 2-1995, § 1005, 4/11/1995]
1.
Residential uses.
[Amended by Ord. No. 7-2022, 11/22/2022 and Ord. No. 3-2023, 6/27/2023]
A.
Lots shall have a minimum lot area of one acre and a minimum lot width measured at the minimum building setback line of 100 feet. The front yard setback shall be not less than 35 feet; the side yard setback shall be not less than 12 feet and the rear yard setback shall be not less than 35 feet. Density of residential units shall be not greater than one dwelling unit per acre.
2.
Nonresidential units. The minimum lot area, lot width and yard requirements for nonresidential uses shall be the same as those for residential single-family detached unit set forth in Subsections 1A(1), (2) and (3) of this section.
3.
On all corner lots the side yard abutting the street shall be not less than 35 feet.
§ 27-1006 Coverage regulations.
[Ord. No. 2-1995, § 1006, 4/11/1995]
Total coverage shall not exceed 30% of the lot area.
§ 27-1007 Off-street parking regulations.
[Ord. No. 2-1995, § 1007, 4/11/1995]
Off-street parking shall be provided in accordance with the provisions of Article XVIII of this chapter.
§ 27-1008 Sign regulations.
[Ord. No. 2-1995, § 1008, 4/11/1995]
Signs shall be provided in accordance with the provisions of Article XVII of this chapter.
§ 27-1009 Motor vehicle access.
[Ord. No. 2-1995, § 1009, 4/11/1995]
Motor vehicle access shall be provided in accordance with Article XIX of this chapter.
§ 27-1010 Residential cluster option.
[Ord. No. 2-1995, § 1010, 4/11/1995]
1.
Residential lots may be designed as a cluster development when approved by the Township Board of Supervisors as a conditional use based on the following standards and criteria:
A.
Permitted uses. A building may be erected or used and a lot may be occupied or used for any one of the following uses. Each dwelling unit shall be located on its own individual lot. All units/lots shall be for sale only.
B.
Tract size. The minimum developable tract size shall be 50 contiguous acres.
C.
Public sewage and water services shall be provided to all units within the development.
D.
Density. The gross density of a clustered subdivision shall not exceed 2.2 dwelling units/lots per acre. A determination of the number of dwelling units/lots permitted to be created shall be that number which could be established and approved through a standard subdivision plat arrangement of lots and streets applied to the parcel proposed for development utilizing the standards contained in § 27-1005 of this chapter and applicable provisions of the South Hanover Township Subdivision and Land Development Regulations (Chapter 22). Such plat shall be prepared by a registered land surveyor/engineer and accompany the preliminary cluster subdivision plat submission and conditional use application. Floodplains, streams and ponds, drainage basins, stormwater basins, and slopes greater than 15% may be included in the calculation for open space but shall not constitute more than 50% of the total open space area.
[Amended by Ord. No. 1-2019, 2/12/2019 and Ord. No. 7-2022, 11/22/2022]
E.
Lot area.
[Amended by Ord. No. 1-2019, 2/12/2019 and Ord. No. 7-2022, 11/22/2022]
(1)
The minimum lot area for single-family detached dwelling units shall be not less than 10,000 square feet.
(2)
The minimum lot area for single-family attached dwelling units shall not be less than 6,000 square feet per dwelling unit. The maximum number of dwelling units permitted per single-family attached structure shall not exceed four.
(3)
The stormwater management plan shall provide 130% of the designed impervious coverage stormwater mitigation/retention per residential lot to allow for the future addition of patios, sheds, or other impervious coverages.
F.
Lot width.
G.
Yard regulations.
(1)
Each lot containing a single-family detached dwelling unit shall have a front yard setback not less than 25 feet, side yard setbacks not less than 10 feet each, and a rear yard setback not less than 25 feet.
(2)
Each lot containing a single-family attached dwelling unit shall have a front yard setback not less than 25 feet, a side yard setback not less than 10 feet for end units, and a rear yard setback of not less than 25 feet.
H.
Coverage regulations. The maximum permitted impervious coverage, including buildings and streets, shall not exceed 30% of the total tract area. The remainder shall be retained as open space.
[Amended by Ord. No. 1-2019, 2/12/2019]
I.
Open space regulations.
[Amended by Ord. No. 1-2019, 2/12/2019]
(1)
Open space areas shall be developed to complement and enhance the man-made environment. In the selection of the location of such areas, consideration shall be given to the preservation of natural and man-made features such as natural permanent vegetation, historical amenities, and other community assets which will enhance the attractiveness and value of the remainder of the property to be subdivided or developed. Floodplains, streams and ponds, drainage basins, stormwater basins, and slopes greater than 15% may be included in the calculation for open space but shall not constitute more than 50% of the total open space area.
(2)
The open space area shall be so located and designed that it is easily accessible to all people, including the handicapped. Safe and easy access to common open space areas shall be provided either by adjoining road frontage, easements or paths.
(3)
Common open space areas shall be designed as a continuous system of usable areas which are interspersed among groupings of residential buildings; provided, however, in those instances in which the total minimum open space is less than two acres in size, such acres shall be located in one parcel and shall only be broken up if the development site or its physical constraints dictate otherwise, with the concurrence of the Board of Supervisors.
(4)
Such areas specifically designed for open space shall be fully usable and suitable for that purpose and shall be set aside by deed restriction.
(5)
Accessways to the site shall be sufficiently wide so that maintenance equipment shall have reasonably convenient access to such areas. In all instances such open space areas shall be maintained in a careful and prudent manner.
(6)
Common open space may be dedicated partially or entirely to public use. The Township Parks and Recreation Commission may recommend and the Board of Supervisors may approve the dedication of any common open space land for public use. However, the Board of Supervisors shall also have the right to not accept any dedication of open space if it finds that the size, location, type of development or cost of development or maintenance of such common open space or the availability of other public open space nearby would make public use undesirable or unnecessary. Any land to be used for recreation areas instead of using the fee in lieu of land dedication provision as set forth in § 22-901 shall not be a part of the calculated open space required by this chapter or the land to establish density set forth in § 27-1010, Subsection 1D, above.
(7)
Private ownership. When common open space is not dedicated and accepted to public use it shall be protected by legal arrangements, satisfactory to the Township, sufficient to assure its maintenance and preservation for whatever purpose it is intended. Covenants or other legal arrangements shall:
(a)
Obligate purchasers to participate in a homeowners' association and to support maintenance of the open space areas by paying to the association assessments sufficient for such maintenance and subjecting their properties to a lien for enforcement of payment of the respective assessments.
(b)
Obligate such an association to maintain the open areas and private streets and utilities.
(c)
Empower the Township, as well as other purchasers in the development, to enforce the covenants in the event of failure of compliance.
(d)
Provide for agreement that, if the Township is required to perform any maintenance work pursuant to the subsection above, such purchasers would pay the cost thereof and that the same shall be a lien upon their properties until such cost has been paid; provided, that the developer shall be responsible for the formation of the homeowners' association of which the developer, or if the developer is not the owner of the development, then such owner shall be a member until all of the lots of record are sold. Other equivalent provisions to assure adequate perpetual maintenance may be permitted if approved by the Board of Supervisors. Assurance that such covenants or equivalent provisions will be evidenced by the recordation in the office of Recorder of Deeds of a perpetual maintenance of facilities as prescribed hereinabove and identifying the tract and each lot therein. The declaration shall be included in the deed or other instrument of conveyance of each lot of record and shall be made binding on all purchasers; provided, that such declaration may, as to subsequent conveyance other than the initial conveyance of each lot of record, be incorporated by reference in the instrument of conveyance.
(e)
Guarantee that any association formed to own and maintain common open space will not be dissolved without the consent of the Board of Supervisors.
Such covenants or equivalent legal arrangements shall be submitted for preliminary review with the preliminary plan and conditional use application and shall be reviewed and approved by the Board of Supervisors prior to the granting of a conditional use and final plan approval.