West Bradford Township
City Zoning Code
City Zoning Code
ARTICLE V
Unified Development Area District
§ 450-18 Purpose.
The Unified Development Area (UDA) District has been established for the following purposes:
A.
To provide an opportunity for integrated development of a variety of uses according to the master development plan ("master plan").
B.
To encourage the preservation of open space for conservation and recreation.
C.
To provide opportunities for site design that conserve the natural, historical and visual resources of the tract.
D.
To provide opportunities for stormwater and wastewater management facilities which promote groundwater recharge.
E.
To provide flexibility in design and use of larger tracts of land within the Township consistent with the goals and objectives of the Township Comprehensive Plan.
F.
To provide an opportunity for unified and harmonious development in order to establish continuity between uses in terms of character, scale, building massing, internal circulation patterns and open space.
§ 450-19 Zoning overlay concept.
A.
The UDA District of West Bradford Township shall be deemed an overlay district on the otherwise applicable zoning districts as delineated on the Township Zoning Map. Said overlay, and the zoning subdistricts as are designated in the approved master plan shall become affixed to the land as the base zoning for the tract (and the Official Zoning Map of the Township shall be amended accordingly) upon the approval of the master plan by the Board of Supervisors; provided, however, that in the event that the open space is not finally restricted, dedicated or conveyed as provided in the master plan and as required by § 450-20 within two years after the date of the approval of the UDA District (or within such time as set forth in the written decision of the Board of Supervisors approving the master plan), or if the applicant or its successor notifies the Township in writing that it does not intend to so restrict, dedicate or convey the open space, or should such restriction, dedication or conveyance not occur within the time required by this section, the zoning of the tract shall revert to the zoning that existed immediately prior to the approval of the UDA District, and the UDA District shall be of no further force or effect. No building permit shall be issued prior to the restriction, dedication or conveyance of the open space as shown on the master plan, (unless the dedication, restriction or conveyance of the open space is permitted to occur at some later date as set forth in the written decision of the Board of Supervisors approving the master plan) and approval by the Board of Supervisors of all material provisions of the open space plan upon the Board's approval of the preliminary subdivision and land development plan, which open space plan shall be in substantial conformity to the open space depicted on the master plan.
B.
The zoning subdistrict which may be designated as the zoning for the tract shall be R-1. Development within the designated zoning subdistrict of the approved UDA District shall be in accordance with the zoning regulations applicable to such designated zoning subdistrict, modified by the performance and development standards provided in this Article V.
§ 450-20 Qualifying conditions.
The following conditions shall serve as the criteria for an application to be considered eligible for consideration under this Article V.
A.
The tract shall have a contiguous area of not less than 300 acres having frontage along a collector or arterial road as designated by the Township Comprehensive Plan. The term "tract" shall include all land within the boundaries of the proposed master plan, including, but not limited to, wetlands, steeply sloped areas, and floodplains, and exclusive only of existing road rights-of-way and existing utility easements; provided, however, that utility easements shall not include sewage effluent spray irrigation areas which shall be included in determining the area of the tract.
[Amended 6-12-2018 by Ord. No. 2018-03]
B.
Not less than 60% of the tract shall be either: 1) designated as open space, which shall be designed to link proposed zoning subdistricts, conserve sensitive environmental and cultural resources, and provide opportunity for active and/or passive recreation; or 2) dedicated or conveyed to the Township for open space use, subject to approval and acceptance by the Board of Supervisors. "Open space" for purposes of this Article V shall have the meaning provided in Subsection D below. The open space requirement of this section shall supersede and be in lieu of all other Township ordinances requiring the designation of open space or community facilities.
C.
If the tract is not held in single ownership, all of the owners of the tract must join in the application.
D.
Open space for purposes of this Article V shall mean land meeting the following criteria:
(1)
Land which is the subject of an easement or other perpetual, legally binding covenant in favor of the Township or a nonprofit conservation organization, running with the land and prohibiting the construction of structures for residential, office, commercial, industrial or any other use other than existing historic and agricultural structures and uses existing or permitted in the zoning district in which the land is located when approved by the Board of Supervisors in the written decision approving the master plan. Provided that, a private golf course, public or private school, emergency service facility, conservation lot as set forth below or horseback riding academy/school, or combination thereof, may, in the discretion of the Board, be approved for location in the open space when made an element of the initial master plan submission, if such use is permitted in the zoning district in which the land is located. Otherwise, any such use that is not a proposed element of the master plan may subsequently be added as an element for location within the open space otherwise established in the master plan upon application by the applicant and approval by the Board of Supervisors as an amendment to the master plan in accordance with the procedures in § 450-22, if such use is permitted in the zoning district in which the land is located. The easement or covenant which is required by this section shall vest in the Township or the nonprofit conservation organization the right to enforce the use, maintenance and management restrictions and obligations upon such land.
(2)
If proposed as an element of the initial master plan submission, the Township may approve a limited number of "conservation lots" ("lots") for inclusion as a part of the required open space if the Board determines that: i) their use is limited to residential use; and ii) they serve the purposes of preservation of a portion of the required open space; and iii) they are made the subject of an easement or other perpetual, legally binding covenant in favor of the Township or a nonprofit conservation organization running with the land and prohibiting any further use or development of the lots, except any residential use, including but not limited to a house, garage, barn, pool or other accessory residential structure or except as may be approved as a part of the master plan approval.
(3)
Open space so restricted may be owned by any individual (if owned as a conservation lot) or eased to an entity, including but not limited to homeowners' association, a conservation organization or, with Township approval, the Township.
(4)
Open space must be suitable for one or more of the following purposes: active recreation, park sites, woodland and wildlife preserves, floodplain conservation, and the preservation of other scenic or historic features consistent with the plan and policy of future land use for the Township.
(5)
Use of open space (other than as situated on conservation lots) may be for the general public or restricted to residents of adjoining land, members of a homeowners' association or other group, as approved by the Board of Supervisors.
(6)
Open space may include steeply sloped areas, land covered with water, land subject to easements for spray irrigation disposal of effluent, sewage effluent basins, drip irrigation or similar sewage treatment or management control.
[Amended 6-12-2018 by Ord. No. 2018-03]
(7)
Adequate access shall be provided to open space for the general public or other group for whom the open space is available for use.
§ 450-21 Application content.
Applications for a UDA District shall meet all procedural requirements for a Zoning Map amendment as required by the MPC and this chapter and shall include the submission of a master plan and accompanying support data for the affected tract, as follows:
A.
Master plan. The master plan shall be drawn at a scale of not less than one inch equals 200 feet and shall be supplemented with additional information sufficient to assess the impact of future development of the tract, including, but not limited to, the following:
(1)
The boundaries of each of the proposed subdistricts within the entire tract, including but not limited to:
(2)
The location and proposed use and disposition to be made of open space and other common areas and facilities, including the proposed schedule for the dedication and/or imposition of restrictions upon the open space in accordance with § 450-20.
(3)
The general vehicular and nonvehicular circulation for the tract, including points of access to the tract, and the location, dimensions and rights-of-way of the major road network that will link subdistricts.
(4)
The source and general methods by which water shall be supplied and sewage shall be treated and disposed in accordance with Act 537.
B.
Environmental impact assessment report. The applicant shall submit with the master plan an environmental impact assessment report as described in Appendix A, Environmental Impact Assessment Report, attached to Chapter 385, Subdivision and Land Development.
[Amended 9-10-2013 by Ord. No. 2013-04]
C.
Additional information. The following additional information shall accompany the master plan and be made part of the application:
(1)
A narrative describing how the proposed application complies with each of the purpose statements under § 450-18.
(2)
A narrative generally describing proposed covenants, restrictions and development standards for the unified development.
(3)
A narrative description of existing zoning and land uses on and adjacent to the tract.
(4)
An inventory of historical resources and existing open space and recreation areas on the tract.
§ 450-22 Procedures.
The following procedures shall apply to the designation of a UDA District and the underlying subdistricts.
A.
Review of master plan.
(1)
The master plan shall be submitted to the Board of Supervisors, together with such fees and such forms as may be prescribed by the Board, which shall within 30 days of submission of a complete application refer the application to the County and Township Planning Commissions. Not later than 90 days but not earlier than 30 days after such referral, the Board shall hold a public hearing to consider the application, pursuant to public notice and posting of the tract as required by the MPC for a Zoning Map change. The Board, within 30 days following the conclusion of the public hearing, shall by written notice to the applicant:
(2)
Failure of the Board of Supervisors to timely approval or deny the master plan as provided above shall be deemed to constitute a denial of the master plan application.
B.
Criteria for master plan review. The following criteria shall be considered by the Board of Supervisors when evaluating master plan applications submitted under the provisions of this Article V:
(1)
The natural environments of the tract, with particular reference to preservation of streams, wetlands, Pennsylvania Natural Diversity Index sites, woodlands and steeply sloped areas, protection against soil erosion and water contamination, and provision for flood and stormwater runoff control.
[Amended 6-12-2018 by Ord. No. 2018-03]
(2)
Location of subdistricts, infrastructure, and open space shall take into account the following:
(3)
Consideration of traffic improvements designed to alleviate potential vehicular traffic congestion resulting from implementation of the master plan, including any off-site improvements demonstrated to be required as a result of the UDA development.
(4)
Provisions for the ownership, public access, and restrictions of the proposed open space which will secure proper maintenance and preservation thereof for open space purposes.
(5)
Preservation of historic sites and structures.
C.
Submission of subdivision and land development plan. Approval of the master plan shall not constitute a subdivision or land development of any part of the tract, and the applicant shall comply with all subdivision and land development application requirements, except as expressly modified in this Article V. The developer or any successor to the developer, for all or any portion of the Unified Development, shall comply with Chapter 385, Subdivision and Land Development, for the unified development. The application may include a subdivision and/or land development plan for the first phase of the unified development. Approval of the master plan by the Board of Supervisors will be in lieu of any conditional use or special exception approval otherwise required with respect to the uses provided for in the underlying R-1 District, so long as such uses or any aspect of the development requiring conditional use or special exception approval are identified in the materials submitted pursuant to § 450-21, and reviewed and approved by the Board of Supervisors as a part of the master plan.
D.
Vested right to proceed. The applicant or any successor to the applicant, for all or any portion of the unified development, shall have a vested right to proceed according to the master plan, and no subsequent change or amendment to this chapter; Chapter 385, Subdivision and Land Development; or other governing ordinance or regulation shall be applied to affect adversely the right of the applicant or any successor to commence or complete any aspect of the approved master plan or materially increase the amount of site improvements or the projected cost of construction of buildings and site improvements for a period of 20 years from the date of approval of the master plan.
§ 450-23 Performance standards.
[Amended 8-8-2017 by Ord. No. 2017-05; 6-12-2018 by Ord. No. 2018-03]
A master plan which includes the designation of an underlying zoning district of R-1 Residential District may include a request that any or all of the following provisions regulating use, lot area, yards and building length and height, and sections regulating steep slopes and off-street parking apply, notwithstanding any provision of the underlying zoning district to the contrary:
A.
Not more than 20% of the lots on the tract may have a minimum lot area of less than 12,000 square feet (but not less than 9,000 square feet), provided that the average lot size of all lots included in the master plan is at least 18,000 square feet, the overall tract density is not greater than one unit per 2.5 acres and each lot in the tract contains not less than 4,000 square feet of contiguous land not constrained by steeply sloped areas, wetlands or identified floodplain areas. Steeply sloped areas may be included in the calculation of lot area. The Board of Supervisors may, in its sole and absolute discretion, allow a density bonus of up to the permitted density of the underlying zoning district if the Board determines that all of the following requirements are met: 1) all of the applicable area and bulk requirements and design standards of this chapter are met in the allowance of the additional density without variation; 2) the master plan demonstrates excellence in design and layout in preserving open space and multiple viewsheds arising from the configuration of the open space; 3) the applicant agrees to install at its expense any road or traffic facilities improvements necessitated by the additional density, and it is demonstrated to the Board's satisfaction that with such improvements the additional density will not have a substantially negative impact on the capacity of the roads and intersections serving the proposed development; 4) no part of the required open space will be adversely impacted by the allowance of the density bonus; and 5) no waiver from any mandatory requirement of Chapter 385, Subdivision and Land Development, necessitated by the density bonus will adversely affect either traffic safety and adequate access for emergency equipment within the development, the provision of adequate and effective stormwater management, or the adequate and effective treatment and disposal of sanitary sewerage generated by the development.
B.
Flag lots and cul-de-sac bulb lots may have a minimum frontage of 40 feet at the street line, measured by chord not arc. Only the lot frontage with driveway access of double frontage lots shall be required to meet a minimum width at the street line.
C.
A minimum lot width at the building line of not less than 80 feet with all contiguous lots averaging a width at the building line of 90 feet may be permitted. The lot width at the building line of any noncontiguous lot shall be not less than 90 feet. For the purposes of calculating the average width at the setback line of contiguous lots, no lot width at the setback line greater than 150 feet shall be used in such calculations. For double frontage lots, only one frontage shall meet this requirement.
D.
A minimum lot depth of not less than 80 feet for lots smaller than 12,000 square feet may be permitted. Lots bordered by open space shall have a minimum lot depth of not less than 125 feet, of which not more than 45 feet may be located in the open space rather than on the lot.
E.
Maximum impervious coverage of a residential lot may be the lesser of 6,300 square feet or 1/2 of the lot area.
F.
Front yard setback distances for local roads may be not less than 30 feet from the street right-of-way or not less than 40 feet from the street center line, whichever is greater; this setback requirement may be reduced to 10 feet from the street right-of-way for historic structures. In addition, not more than 25% of the residences may be located not more than 10 feet forward of the building setback line if the same number of lots are located an equal distance behind the setback line. However, any structure that is located at a distance greater than an additional 30 feet from the minimum setback cannot be included in the calculation of the number of lots that can be set forward of the setback line. Front yard setback distances for collector roads may be not less than 50 feet from the street right-of-way or not less than 60 feet from the street center line, whichever is greater.
G.
Side yard setback distances of not less than 10 feet may be permitted, provided that the distance between residences is not less than 30 feet for not more than 15% of the residences on the tract and not less than 40 feet for not less than 85% of the residences on the tract. When a side yard setback for a residence that is less than 15 feet is established through the use of this section, then that same dimension shall apply to accessory structures. Otherwise, the side yard for accessory structures shall be 15 feet.
H.
Rear yard setback distances shall be not less than 20 feet, except for lots that border open space as defined by § 450-20D. On lots that border open space at the rear yard, as defined by this chapter, accessory structures shall have a setback of at least five feet; residences shall be not less than 20 feet.
I.
Treated sewage effluent to be returned to the groundwater by spray irrigation or drip irrigation or other methods as approved by the Pennsylvania Department of Environmental Protection in accordance with Act 537 and subject to approval by the Board of Supervisors.
J.
Section 450-70A(4)(f) may be modified to permit banks created by cutting and filling to exceed the right-of-way, subject to Township Engineer approval.
K.
Emergency access shall be provided if required by the Planning Commission. Emergency access shall be indicated by either reflective markers or trees set every 75 feet (alternating sides) along the emergency access. Emergency access roads shall be not less than 16 feet wide, with a slope not to exceed 6%, and shall be capable of supporting emergency vehicles during wet or freezing weather conditions.
L.
Facilities accessory to a golf course, including but not limited to a country club house, restaurant, pro shop, cart storage and maintenance facilities, may be on a lot of not less than five acres, provided that such lot meets all subdivision requirements, is contiguous to the golf course, and the maximum impervious surface area does not exceed the lesser of 50% of the lot or three acres.
(1)
An historic structure on a lot of not less than two acres may be used for a club house, restaurant or a pro shop for a golf course, or a combination of these uses, subject to meeting the following criteria:
(a)
The historic structure must be restored and maintained in accordance with the guidelines from the Pennsylvania Historic and Museum Commission.
(b)
Parking must be provided in accordance with the requirements of § 450-68 and may be on a contiguous parcel with a minimum lot size of five acres.
(c)
The Board of Supervisors reserves the right to deny any application for the adaptive reuse of an historic structure that would result in the destruction or degradation of the historic structure.
M.
Baked goods and nonalcoholic beverages may be sold to the general public by a bed-and-breakfast inn otherwise meeting the requirements of § 450-62N.
N.
A building, structure or parking facility within a country club or golf course may be nearer than 50 feet to any property line, provided that such building, structure or parking facility is not nearer than 70 feet to any property line at the perimeter of the tract and parking areas are screened by landscaping from adjoining uses as depicted on a landscaping plan approved by the Planning Commission.
§ 450-24 Additional design criteria.
Any residence to be constructed within 600 feet of the primary stream of an exceptional value stream corridor shall be screened by a minimum of four deciduous trees as depicted on a landscape plan, with a caliper of not less than two inches, located in open space between the residence and the stream as determined by the Planning Commission. Setbacks shall be provided from the primary stream of an exceptional value stream corridor as required by the Army Corps of Engineers and the Pennsylvania Department of Environmental Protection.