Thornbury Township City Zoning Code
ARTICLE 12
RESIDENTIAL CLUSTER DESIGN
§ 27-1201 Legislative Intent.
[Ord. 2-1976, 2/3/1976; as added by Ord. 9-1995, 8/7/1995, § 2; as amended by Ord. 2-2002, 3/6/2002, § 1]
1.
The legislative intent in authorizing and permitting the residential cluster design as a conditional use is to permit increased density of residential uses when the developer can demonstrate that public water and public sewage disposal will be available for all residential uses proposed and to permit and promote commonly owned open space areas for passive recreational use or active recreational use by the residents of such subdivision. It is intended hereby to permit cluster design residential uses in subdivisions so that impervious areas may also be reduced.
2.
The conditional use is to encourage site planning which will preserve natural tree lines and avoid the unnecessary destruction of trees as well as to create effective and efficient designs which will tend to preserve steep slopes from unnecessary erosion; and also avoid wetland and stream encroachment.
§ 27-1202 Permitted Uses.
[Ord. 2-1976, 2/3/1976; as added by Ord. 9-1995, 8/7/1995, § 2]
1.
A building may be erected, altered or used and a lot or premises may be used for any of the following purposes and for no other:
A.
Single-family detached dwelling.
B.
Accessory use on the same lot with and customarily incidental to the single-family dwelling. The term accessory use shall not include a business or any private operation that would normally be conducted as a business use nor the housing of farm animals and may include the following accessory uses:
(1)
Private parking or garaging of residential use vehicles.
(2)
Private home swimming pool.
(3)
One accessory building used for household storage not to exceed a maximum of 120 square feet in area nor 10 feet in height.
(4)
No use shall be permitted which is in violation of the prohibitive uses and performance standards as set forth in Article 21 of this chapter.
§ 27-1203 Eligibility and Standards for Conditional Use Approval.
[Ord. 2-1976, 2/3/1976; as added by Ord. 9-1995, 8/7/1995, § 2; as amended by Ord. 8-1996, 12/12/1996, § 2; by Ord. 2-2002, 3/6/2002, § 2; and by Ord. 2-2004, 4/21/2004, § 3]
1.
The applicant for approval of the residential cluster design shall submit a plan, which plan shall include only those areas designated on the Zoning Map as though situated in the R-1 Residential District and/or the R-2 Residential District and/or the Commercial District. The residential cluster design is permitted as a conditional use when the following conditions are met:
A.
The gross area of the tract to be developed shall be no less than 15 contiguous acres and wherein at least 20% of the proposed site to be developed contains environmentally sensitive areas as defined herein.
B.
The design shall meet and comply with all the standards set forth in § 1204 except as provided in paragraph .C below.
C.
When the open space to be provided is shown to be 55% or more of the gross area of the tract and such open space is to be dedicated to the common benefit of the residents, the Board of Supervisors may approve a subdivision layout other than that which is required by § 27-1204, Subsection 1A and F(5).
D.
In order to better illustrate the benefits of the submitted cluster plan, a "by-right" sketch plan shall be included as an exhibit for comparison.
§ 27-1204 Standards for Residential Cluster Design.
[Ord. 2-1976, 2/3/1976; as added by Ord. 9-1995, 8/7/1995, § 2; as amended by Ord. 8-1996, 12/12/1996, § 3; by Ord. 5-1998, 7/1/1998, § 1; and by Ord. 2-2002, 3/6/2002, § 3]
1.
All plans submitted for residential cluster design shall meet the following standards:
A.
The maximum number of dwelling units in each cluster shall be no more than 15 units. A cluster is defined as a collection of dwelling units on a road, which road shall be designed to provide access to and from the residential units.
B.
The cluster use plan shall specify the minimum setback areas and the road where the cluster is proposed shall be designed and located according to the standards as set forth in paragraph .E herein.
C.
The minimum open space shall be no less than 40% of the gross area of the tract.
D.
The application shall certify the proposed use of public water and public sewer for sewage disposal. Public water shall mean a water company providing water in the area such as Philadelphia Suburban Water Company or Chester Water Authority. The public sewer company providing sewage disposal shall be an area sewer company used by the general public such as that which is provided by a municipal authority or a municipal sewage disposal company and any existing sewage disposal company as of the enactment of this chapter.
E.
The applicants shall demonstrate the feasibility of safe and appropriate ingress and egress to the subject site within the intent of this chapter.
F.
The following residential use area and bulk regulations shall be applicable. The development of the plan shall at all times take into consideration the location of residential uses in any residential area adjoining the proposed cluster and shall design the cluster so as to protect the existing character of the adjoining residential areas.
(1)
The gross tract density (i.e., the maximum number of dwelling unit(s) shall be no more than one unit for each 0.75 acres of gross tract area.
(2)
Dwelling units shall be constructed at a minimum of 25 feet from the street line upon which the unit fronts. Each dwelling unit shall have a total aggregate side yard of no less that 30 feet with a minimum side yard of five feet and a minimum rear yard of 25 feet. Lot frontage at front building line shall not be less than 75 feet. All dwelling units adjacent to or fronting on an existing Township street or state road shall be set back from the said street the minimum number of feet as the setback required in the existing zoning district. No lot lines shall be located within 25 feet of any area delineated as wetlands or floodplain by any governmental agency.
(3)
Each street upon which the clusters of dwellings front shall have a minimum paved cartway of 27 feet and a minimum right-of-way of 50 feet. In the event a cul-de-sac street is designed, the cul-de-sac shall have a minimum paved radius of 40 feet and a dedicated radius of 50 feet.
(4)
For each dwelling unit, two off-street parking spaces shall be provided, one of which shall be located behind the front building line.
(5)
A landscaped area shall be designed and submitted for each conditional use to be maintained between clusters. The landscaping plan shall contain a minimum of two inches caliper trees in a design of one tree for each 4,000 square feet unless the nature of the existing terrain or the terrain when developed would require a lesser standard. The landscaped area between the clusters shall be no less than 100 feet in width and shall not include any lot areas.
(6)
No more than 25% of each lot shall be occupied by buildings or other impervious surface, swimming pools included. When the applicant provides a buffer area along any perimeter boundary of the tract (or portion thereof) of at least 50 feet in depth, each new lot adjacent to that buffer shall be entitled to a maximum impervious coverage of 35%. For all lots that are not adjacent to this buffer, an additional 5% of each lot may be occupied by buildings or other impervious surface, upon application by the subsequent lot owner to the Code Enforcement Department for cause shown.
(7)
No accessory structure shall be permitted in the front yard setback area; and accessory structures, including swimming pools, shall only be permitted in the rear yard setback area at least 10 feet from the rear property line and in the side yard setback area at least 10 feet from the side property line.
[Amended by Ord. 3-2014, 11/5/2014]
G.
All or some of the environmentally sensitive areas, as defined herein, shall be preserved and reserved in open space with a total of no less than 40% of the tract reserved in open space. All open space proposed shall be set forth on the plan. The plan shall delineate the critical natural resources and the proposed location of the residential cluster use including public improvements describing how the use will promote the protection of the site within the intent of this article.
§ 27-1205 Open Space Requirements.
[Ord. 2-1976, 2/3/1976; as added by Ord. 9-1995, 8/7/1995, § 2; as amended by Ord. 5-1998, 7/1/1998, § 1; and by Ord. 2-2002, 2/6/2002, §§ 4, 5]
1.
In addition to the aforesaid, the residential cluster design shall meet the following standards for open space:
A.
The open space shall consist of area of such size and dimension to be suitable for the use and enjoyment of residents of the proposed development. The space shall be accessible by all residents and shall be of a suitable character for active and passive recreation and conservation. For the purposes of calculation open space requirements under this chapter, floodplain and stormwater management facilities shall be excluded.
B.
The area shall contain no structure other than structures specifically relating to recreational use and historic buildings and structures.
C.
The open space, where practical, shall be arranged to preserve the environmentally sensitive characteristics of the site and to provide direct or easy access and view from all dwelling units.
D.
The open space shall serve as a buffer and transition area between land uses, including residential developments of different densities and along tract boundaries. The buffer shall be a minimum of 100 feet and shall be landscaped to provide a visual screen. The design shall take into account and use the existing vegetation which otherwise shall be undisturbed. An easement of access of at least 30 feet wide shall be provided into the area of the buffer if access is desirable or required.
E.
The open space shall be preserved in perpetuity by (1) the acceptance of dedication of land or any interest therein for public use, at the discretion of the Supervisors of Thornbury Township or (2) by the establishment of an organization for ownership and maintenance of the open space, the conditions of which are such that the organization shall not be dissolved nor shall it dispose of the open space by sale or otherwise without first offering to dedicate the same to the public.
F.
Common open space may not be part of the lot area assigned to a dwelling unit.
§ 27-1206 Management of Open Space.
[Ord. 2-1976, 2/3/1976; as added by Ord. 9-1995, 8/7/1995, § 2; as amended by Ord. 5-1998, 7/1/1998, § 1]
1.
Open space shall be held under any one or more of the following forms upon receiving approval of the Board of Supervisors of Thornbury Township:
A.
Homeowners Association. The applicant may provide for the establishment of an organization for the ownership and maintenance of the common property and improvements. The organization shall consist of property owners within the cluster development, each receiving an equal vote and responsibility. Such an organization shall not be dissolved nor shall it dispose of the common property and improvements unless transferred to a type of ownership permitted hereunder.
B.
Condominium Association. The open space as authorized herein may be controlled through the use of a condominium agreement. Such agreements shall be in conformance with the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq. In such instance, all open space and improvements shall be held as a "common element."
C.
Dedication of Easements. The Township of Thornbury may at any time accept easements for the public use of any portion or portions of the open space. Such land shall be thereby accessible to the residents of the Township. In the event of a dedication of an easement the Township shall enter into a maintenance agreement with the owners of the open space.
D.
Transfer of Easements to Private Conservation Organization. Easements on open space may be transferred to a private, nonprofit organization involved in the conservation of natural resources upon approval by the Township of Thornbury. The conveyance of an easement shall contain appropriate provisions for the reversion to the Township at any time the property is not used pursuant to the intentions of this chapter. Prior to the transfer of an easement a maintenance agreement shall be entered into between the Township, the organization holding ownership and the proposed conservation organization.
E.
Fee Simple Dedication. Nothing herein is intended to prevent the dedication of all or part of the open space to the Township of Thornbury for the use and maintenance by the Township for open space.
§ 27-1207 Delinquency of Maintenance.
[Ord. 2-1976, 2/3/1976; as added by Ord. 9-1995, 8/7/1995, § 2; as amended by Ord. 5-1998, 7/1/1998, § 1]
1.
In the event an organization, a homeowners association or a condominium association undertakes the responsibility of maintaining the open space and improvement and fails to maintain the same in reasonable order and conditions in accordance with the development plan, the Township may serve written notice upon the organization or residents in the development setting forth the manner in which the organization has failed to properly maintain the common areas.
2.
Notice shall demand that the deficiencies of maintenance be corrected within 30 days and shall establish the date and place of a hearing to be held on the delinquency. Such a hearing should take place within 14 days of the notice. Should the deficiencies set forth in the original notice or in the subsequent modifications fail to be corrected within the established 30 days, the Township, in order to preserve the taxable values of the affected properties may enter the open space and improvements and maintain them for a period of one year. Such efforts shall not constitute a taking of the property nor vest in the public any right to use the same. The cost of maintenance by the Township shall be assessed ratably against the properties within the development that have a right of enjoyment. Such assessments shall become a lien on the said properties and shall be perfected by filing in the office of Judicial Support of Delaware County.
§ 27-1208 Homeowners Association Requirements.
[Ord. 2-1976, 2/3/1976; as added by Ord. 9-1995, 8/7/1995, § 2; as amended by Ord. 5-1998, 7/1/1998, § 1]
1.
The formation of a homeowners' association shall be governed according to the following regulations:
A.
The applicant shall provide a description of the association including its by-laws and methods for maintaining open space and improvements.
B.
The association shall be established by the applicant and operated with financial subsidization by the applicant prior to the sale of any lots within the development.
C.
Membership in the association is mandatory for all purchasers of lots and their successors.
D.
Controlling interest shall not be conveyed from the applicant to the homeowners association prior to completion and sale of at least 60% of the total number of units.
E.
The association shall be responsible for meeting insurance and tax obligations on the open space and improvements.
F.
Rights and duties of the Township and members of the association in the event of a breach of the covenants and restrictions shall be defined at the time of the granting of the conditional use.
G.
The bylaws shall include a statement which grants to the Township such power, but not the duty, to maintain the open space and common facilities and to assess the cost of the same as provided within the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
H.
A provision for leasing open space back to the original developer, individual or corporation for the maintenance of open space, provided residents have access at all times and provided the lease is approved by the association and the Board of Supervisors.
§ 27-1209 Procedures for Obtaining Conditional Use Approval.
[Ord. 2-1976, 2/3/1976; as added by Ord. 9-1995, 8/7/1995, § 2; as amended by Ord. 2-2002, 3/6/2002, § 6]
An application for conditional use shall be submitted to the Board of Supervisors of the Township of Thornbury. A hearing pursuant to public notice shall be conducted within 60 days of the application. The decision granting or denying the conditional use shall be issued in writing to the applicant within 45 days of the close of the public hearing. Should the use be granted conditioned upon requirements of the Township Supervisors, the applicant shall have 20 days from issuance of a written decision in which to submit an acceptance of the conditions imposed by the Township. Should the applicant decline to submit an acceptance of the conditions imposed by the Township within 20 days, the right of appeal according to law shall run from the end of the said 20 days during which acceptance is to be submitted.