West Caln Township City Zoning Code
ARTICLE VI
RR - Rural Residential District
§ 350-600 Purpose, description of options, and process.
A.
Purpose. In promoting the policies of the West Caln Township Comprehensive Plan (1998) and the Township Park, Recreation, and Environmental Resources Plan (1995), the purpose of this article is:
(1)
To support the conservation of sensitive environmental features: primary natural resources such as floodplains, areas of very steep slope, wetlands and secondary natural resources such as woodlands and riparian buffers.
(2)
To retain and protect open space areas within residential development in the Township to protect the Township's rural, open character.
(3)
To protect and minimize the potential adverse effects of land development on historic resources.
(4)
To provide for opportunities for housing types at a density and in a cluster configuration that preserves and protects the rural character of West Caln Township.
(5)
To provide greater design flexibility and efficiency in the provision of services and infrastructure, including the opportunity to reduce the amount of impervious surfaces related to new development.
(6)
To provide for a diversity of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups and residential opportunities.
B.
Description of development options. In order to achieve the purposes described above, this article provides for flexibility in the design of residential subdivisions by allowing:
(1)
Option 1. A cluster residential development option by right that allows for the greatest degree of innovative site design and open space retention. Cluster development accommodates future residential uses while promoting the preservation of permanent open space areas and associated natural resources and agricultural uses. This option requires the provision of open space, as specified in § 350-603A, that can be used for various purposes, as outlined in § 350-1126. In addition, multifamily development may be developed in combination with the cluster option under the mixed residential use development option, in accordance with the provisions of § 350-602C. A maximum of 15% of the total net tract area may be developed with multifamily dwellings with public water and sewer.
[Amended 11-12-2007 by Ord. No. 3-07]
(2)
Option 2. Conventional lot designs provide for suburban-density residential uses at lower densities and in conventional layouts of standard house lots. A conventional lot design option by conditional use that provides for the opportunity to develop conventional lots at densities of one lot per acre and shall only be permitted where an applicant can demonstrate to the satisfaction of the Board of Supervisors that all of the requirements and criteria for conditional use review, Article XVI, have been successfully met. In addition, multifamily development may be developed in combination with the conventional option under the mixed residential use development option, in accordance with the provisions of § 350-602C. A maximum of 15% of the total net tract area may be developed with multifamily dwellings.
C.
Process. The Township strongly encourages applicants to meet with the Planning Commission to discuss these development options in the form of an informal sketch plan prior to the official submission of an application. Sketch plans, as specified in Chapter 300, Subdivision and Land Development, are useful tools to identify and correct potential compliance with Township ordinances issues before the expenditure of significant time and expense, and can help to expedite the review and approval of the preliminary and/or final plan submissions.
§ 350-601 Use regulations.
A.
Uses permitted by right. A building or other structure may be erected or used, and a lot may be used or occupied for any one of the following purposes and no other, in accordance with the requirements of this article and other applicable provisions:
(3)
Municipal use.
(6)
Agricultural accessory use with the exception of § 350-1101B(9), as per § 350-1101B.
(8)
Minor home occupation, as per § 350-1101C(11).
(11)
Minor conventional subdivision. A subdivision of three or less lots from an original tract of less than 10 acres for use as single family detached dwellings.
B.
Special exception uses. A building or other structure may be erected or used, and a lot may be used or occupied when authorized as a special exception by the Zoning Hearing Board for any one of the following uses ad in accordance with the requirements of this article and other applicable provisions:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Conditional uses. A building or other structure may be erected or used, and a lot may be used or occupied when granted conditional use by the Board of Supervisors for any one of the following uses and in accordance with the requirements of this article and other applicable provisions:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(5)
Supplemental dwelling unit, as per § 350-1101C(13).
§ 350-602 Area and bulk regulations.
A.
Cluster Residential Development Option.
(1)
Such tract using the cluster residential development option shall be held in single and separate ownership, or, if in multiple ownership, shall be filed in a single application by the owners for the entire tract in a single plan under a single direction with common authority and responsibility.
(2)
Permitted uses. Single-family detached dwelling shall be the permitted principal use for the cluster residential development option, with the exception of § 350-602C.
(3)
Area and bulk regulations. The following area and bulk regulations apply to single-family detached dwellings under the cluster residential development option:
(a)
Density: 1.75 dwelling units per net acre.
(b)
Minimum lot area: 15,000 square feet.
[Amended 11-12-2007 by Ord. No. 3-07]
(c)
Minimum lot width at building line: 60 feet.
(d)
Minimum lot width at street line: 50 feet.
(e)
Maximum building coverage: 25%.
(f)
Maximum lot coverage (impervious): 40%.
(g)
Minimum front setback: 25 feet.
(h)
Minimum side yard: 25 feet aggregate with a minimum of 10 feet on one side.
(i)
Minimum rear yard: 25 feet.
(j)
Maximum building height: 35 feet.
(k)
Minimum open space requirement: 50% of gross tract area.
(l)
Residential uses, where adjacent to an intensive agricultural use, shall be located a minimum of 100 feet from any adjacent intensive agricultural uses.
(m)
Residential uses, where adjacent to agricultural uses, shall be located a minimum of 50 feet from any adjacent agricultural uses.
(4)
Establishment of net tract area. For the purpose of protecting important natural resources, to establish permissible number of lots under this development option, the net tract area shall include all area within the legal property lines of a tract, excluding the following:
(a)
Any existing right-of-way or area that has been set aside as a right-of-way or easement for a public or private street.
(b)
Any existing area comprising drainage or stormwater management easements or other utility easements.
(c)
Any existing water body or watercourse.
(d)
An area equivalent to 75% of any portion of a tract comprised of one or more of the following primary natural resources:
[1]
Any area within the Identified Floodplain Area as established in Article X as well as water bodies or watercourses.
[Amended 8-9-2017 by Ord. No. 2017-1]
[2]
Any area containing wetlands as identified on the National Wetlands Inventory and as established in Article X.
[3]
Any area of very steep slope with slopes exceeding 25% as measured between consecutive two-foot contour lines.
(5)
Permitted number of lots per tract calculation. The number of lots permitted within this development option shall be determined by multiplying the number of net acres in the tract by 1.75(based on the density of 1.75 dwelling units per net acre) and rounding to the nearest whole number, where a fraction of 0.5 or greater is rounded up, and a fraction of less than 0.5 rounded down. For example, on a 28.6 acre net tract size, 50.05 lots rounded to 50 lots would be permitted, whereas on a 28.9 acre net tract size, 50.575 lots rounded to 51 lots would be permitted.
(6)
Agricultural resources. Lots within a cluster development, to the extent possible, shall not be located in close proximity to areas, either within the designated open space or on adjacent properties, that are used for agricultural practices involving animals or animal waste, or other activities that routinely create significant noise and/or odors.
B.
Conventional development option.
(1)
Permitted uses. Single-family detached dwelling shall be the permitted principal use for the conventional residential development option, with the exception of § 350-602C.
(2)
Area and bulk requirements. The following area and bulk regulations apply to single-family detached dwellings under the conventional development option:
(a)
Density: one dwelling unit per net acre.
(b)
Minimum lot area: one acre.
(c)
Minimum lot width at building line: 100 feet.
(d)
Minimum lot width at street line: 75 feet.
(e)
Maximum lot coverage (impervious): 15%.
(f)
Maximum building coverage: 10%.
(g)
Minimum front setback: 50 feet.
(h)
Minimum side yard: 25 feet.
[Amended 5-9-2011 by Ord. No. 1-11]
(i)
Minimum rear yard: 50 feet.
(j)
Maximum building height: 35 feet.
(k)
Residential uses, where adjacent to an intensive agricultural use, shall be located a minimum of 100 feet from any adjacent intensive agricultural uses.
(3)
Establishment of net tract area. For the purpose of protecting important natural resources, to establish permissible number of lots under this development option, the net tract area shall include all areas within the legal property lines of a tract, excluding the resources in accordance with § 350-602A(4).
(4)
Permitted number of lots per tract calculation. The number of lots permitted within this development option shall be determined by dividing the number of net acres in the tract by 1.0 and rounding to the nearest whole number, where a fraction of 0.5 or greater is rounded up, and a fraction of less than 0.5 rounded down. For example, on a 28.6 acre net tract size, 29 lots would be permitted whereas on a 28.3 acre net tract size, 28 lots would be permitted.
(5)
Agricultural resources. Lots within a conventional development, to the extent possible, shall not be located in close proximity to areas that are used for agricultural practices involving animals or animal waste, or other activities that routinely create significant noise and/or odors.
C.
Mixed residential use development option. Multifamily dwellings are permitted on a maximum of 15% of the total net tract area of Option 1 - Cluster Residential Development (§ 350-602A) or Option 2 - Conventional Development (§ 350-602B). For example, if the total net tract area is 100 acres, up to 15 acres may be developed with multifamily dwellings in accordance with the provisions of this section.
(1)
Minimum tract size. The mixed residential use development option shall be permitted on any tract of at least 30 gross acres in size.
(3)
Area and bulk requirements. The following area and bulk regulations apply to multifamily dwellings in the mixed residential use development option, however area and bulk regulations specified for Option 1 or Option 2, whichever is applicable, shall apply where not included herein for multifamily dwellings:
(a)
Maximum net density: four dwelling units per net acre.
(b)
Maximum building coverage: 35%.
(c)
Minimum front setback: 25 feet.
(d)
Minimum rear yard: 50 feet.
(e)
Minimum side yard: 25 feet aggregate.
(f)
Minimum dwelling unit width: 20 feet.
(g)
Maximum dwelling unit width: 30 feet.
(h)
Maximum building height: 35 feet.
(i)
Residential uses, where adjacent to an intensive agricultural use, shall be located a minimum of 100 feet from any adjacent intensive agricultural uses.
(4)
Agricultural resources. Multifamily lots associated with a cluster residential development, to the greatest extent possible, shall not be located in close proximity to areas, either within the designated open space or on adjacent properties, which are used for agricultural practices involving animals or animal waste, or other activities that routinely create significant noise and/or odors.
D.
Agricultural uses. Tracts and lots used for agricultural purposes shall meet the following:
(1)
Agricultural use.
(a)
Minimum gross tract area: five acres.
(b)
Existing lots less than five acres in size as of the date of adoption of this chapter may be used for agricultural purposes subject to compliance with all other applicable regulations herein.
(c)
Lots less than five acres in size, that are located adjacent to lots of five acres or greater in size and used by the same operator for other than intensive agricultural uses, shall be permitted when in accordance with the applicable requirements of this chapter.
(2)
Intensive agricultural use.
(a)
Minimum gross tract area: 10 acres.
(b)
Existing lots less than 10 acres in size as of the date of adoption of this chapter may be used for agricultural purposes subject to compliance with all other applicable regulations herein.
(c)
Lots less than 10 acres in size, that are located adjacent to lots of greater than 10 acres in size and used for by the same operator for intensive agricultural uses, shall be permitted when in accordance with the applicable requirements of this chapter.
E.
Minor conventional subdivision.
(1)
Area and bulk requirements. The following area and bulk regulations apply to single-family detached dwellings under the minor conventional subdivision option:
(a)
Density: one dwelling unit per net acre.
(b)
Minimum lot area: one acres.
(c)
Minimum lot width at building line: 100 feet.
[Amended 4-14-2008 by Ord. No. 61]
(d)
Minimum lot width at street line: 75 feet.
[Amended 4-14-2008 by Ord. No. 61]
(e)
Maximum lot coverage (impervious): 15%.
(f)
Maximum building coverage: 20%.
[Amended 4-14-2008 by Ord. No. 61]
(g)
Minimum front setback: 50 feet.
[Amended 4-14-2008 by Ord. No. 61]
(h)
Minimum side yard: 35 feet.
(i)
Minimum rear yard: 50 feet.
[Amended 4-14-2008 by Ord. No. 61]
(j)
Maximum building height: 35 feet.
(k)
Residential uses, where adjacent to an intensive agricultural use, shall be located a minimum of 100 feet from any adjacent intensive agricultural uses.
(l)
Residential uses, where adjacent to agricultural uses, shall be located a minimum of 50 feet from any adjacent agricultural uses.
(2)
Establishment of net tract area. For the purpose of protecting important natural resources, to establish permissible number of lots under this development option, the net tract area shall include all area within the legal property lines of a tract, excluding the items in accordance with § 350-502A(4).
(3)
One good acre requirement. It is required that a minimum of one contiguous acre within the boundaries of each lot shall be free and clear of natural resources or constraints, including, but not limited to:
(a)
Any existing water body or watercourse.
(b)
Any area within the Identified Floodplain Area as established in Article X.
[Amended 8-9-2017 by Ord. No. 2017-1]
(c)
Any area containing wetlands as identified on the National Wetlands Inventory and as established in Article X.
(d)
Any area of very steep slope with slopes exceeding 25% as measured between consecutive two-foot contour lines.
(4)
Agricultural resources. Lots within a conventional development, to the extent possible, shall not be located in close proximity to areas that are used for agricultural practices involving animals or animal waste, or other activities that routinely create significant noise and/or odors.
(5)
The provisions of this section shall apply to all original tracts. Regardless of size, no parcel or lot subsequently subdivided from its original tract shall qualify for additional lots pursuant to this section. All subsequent owners of parcels of land subdivided from the original tract shall be bound by the actions of the previous owners of the original tract. Likewise, any subsequent owner of any original tract shall be bound by the provisions of this section and the actions of the previous owners such that for purposes of subdivision the number of new lot or dwellings erected on the original tract shall be fixed according to the original number permitted on the original tract. This number shall not be increased by the further subdivision of the original tract, thus transfer of ownership shall not create a new right to subdivide. All deeds subdivided from the original tract under this section shall contain a restriction prohibiting further subdivision of the parcel or lot.
F.
Other uses. Unless otherwise specified in this chapter, all other uses permitted in this district shall meet the following:
(1)
Minimum lot area: 60,000 square feet.
(2)
Minimum lot width at building line: 150 feet.
(3)
Minimum lot width at street line: 100 feet.
(4)
Minimum front setback: 50 feet.
(5)
Minimum side yard: 25 feet.
(6)
Minimum rear yard: 50 feet.
(7)
Maximum building coverage: 10%.
(8)
Maximum lot coverage (impervious): 15%.
(9)
Maximum building height: 35 feet.
§ 350-603 Cluster residential development standards.
A.
Open space provisions. Open space in cluster residential development shall meet the following requirements:
(1)
Configuration of required open space. A minimum 50% of the gross site area shall be designated on the plan as common open space and held in a tract or tracts separate from the developable lots. Such open space shall be restricted from further subdivision or land development by deed restriction, conservation easement, or other agreement or form acceptable to the Township, noted on the subdivision plan of record and duly recorded in the office of the Recorder of Deeds of Chester County, Pennsylvania. Any such mechanism shall be structured in a manner that would require the agreement of both the homeowners' association or other owner and Township in order to abolish it in the future. Configuration of required open space shall be as follows:
(a)
Primary natural resources (floodplains, water bodies/watercourses, areas of very steep slope, and wetlands) shall to the greatest extent possible be included in the designated open space, however, no more than 75% of the minimum required open space shall consist of primary natural resources.
(b)
The proposed development shall limit disturbance of all natural resources in accordance with this chapter and as identified in the required Conservation Plan in Chapter 300, Subdivision and Land Development. Development shall start on the least desirable class of agricultural soil determined on the tract, where possible.
(c)
Any Class I or Class II agricultural soils that are present on the site shall be included in the designated open space to the greatest extent feasible. The burden shall be on the applicant to justify the location of any such soils outside of the designated open space.
(d)
Where common open space is designated as separate, noncontiguous parcels, no single parcel shall consist of less than one acre in area. No single area or portion of an area designated as common open space shall be counted toward the minimum required open space wherever such area or portion is less than 150 feet in width except in the case of a trail corridor or other linkage between two larger, noncontiguous, open space areas. Any such trail corridor or linkage shall be a minimum of 15 feet in width.
(e)
Where adjacent parcels contain existing or proposed open space areas, either publicly owned or otherwise deed restricted as permanent open space, common open space shall be located contiguously to this adjacent open space whenever possible to create larger open space networks. The burden shall be on the applicant to either locate the common open space contiguous to this adjacent open space or to demonstrate, to the Township's satisfaction, that there is no feasible way to so locate said common open space or that doing so would create an undue hardship.
B.
Conservation of existing structures and historic resources. If there is an existing primary structure on the original parcel that is proposed to remain in residential use upon development of the site, that structure shall count against the permitted number of lots/units, except in the case of an existing historic resource listed or eligible for the National Register of Historic Places and/or listed in the Township's Historic Sites Survey that is to be preserved and renovated. Historic resources shall not be counted against the permitted number of lots on a tract and shall be in addition to the permitted number of lots, and may be renovated and reused subject to compliance with this section.
(1)
Historic resources shall be preserved to the greatest degree possible through inclusion in development plans and design, including historic buildings, structures, sites, objects, ruins, paths, trails, or any other historic landscape features.
(2)
Plans for rehabilitation should use the Secretary of the Interiors Standards for Rehabilitation as a guideline.
(3)
The applicant should maintain sufficient landscaped or buffer area and yard area surrounding the historic resource to retain the integrity of the historic landscape and setting. The applicant can mitigate impacts to the historic landscape and setting through appropriate vegetation or through screening compatible with such historic landscape and setting, and through retaining the viewshed which visually link historic resources to their setting.
(4)
Applicant shall guarantee permanent adherence to these standards through establishment of appropriate restrictions and/or conservation easement(s) acceptable to the Township.
C.
Sewage disposal and water supply. Development permitted under the cluster development option shall be served by a public sewage disposal system, community sewage disposal system, and shall be served by a public water supply system in areas impacted by a Superfund site, a community water supply system, or by an individual water supply. As a condition of approval of any cluster development, all uses shall be served with sewer and water facilities approved by the Pennsylvania Department of Environmental Protection, or appropriate regulatory agency.
[Amended 11-12-2007 by Ord. No. 3-07]
D.
Information required prior to cluster residential development - Option 1.
(1)
Delineation and the calculated area of all portions of the tract identified as primary natural resources: floodplains, areas of very steep slope, and wetlands, water bodies or watercourses.
(2)
Delineation of drainage, stormwater management, or other utility easements, and rights-of-way or easements for public or privates streets.
(3)
The calculation of permitted number of lots/units per the requirements of § 350-602A(4).
(4)
The location(s) of permanent open space or other protected land, either publicly or privately owned, eased, or deed restricted, on all applicable adjacent properties.
(5)
Delineation of the portion of the tract designated as permanent open space, the percentage of the tract represented by this open space, and the percentages of this open space consisting of natural resources as per this chapter and any other protected lands either publicly or privately owned, eased, or deed restricted.
(6)
Location of agricultural uses, and other permitted uses per §§ 350-602A(2) and 350-603A(2).
§ 350-604 Conventional development standards.
A.
Conservation of existing structures and historic resources. If there is an existing primary structure on the original parcel that is proposed to remain in residential use upon development of the site, that structure shall count against the permitted number of lots/units, except in the case of an existing historic resource listed or eligible for the National Register of Historic Places and/or listed in the Township's Historic Sites Survey that is to be preserved and renovated. Historic resources shall not be counted against the permitted number of lots on a tract and shall be in addition to the permitted number of lots, and may be renovated and reused subject to compliance with this section.
(1)
Historic resources shall be preserved to the greatest degree possible through inclusion in development plans and design, including historic buildings, structures, sites, objects, ruins, paths, trails, or any other historic landscape features.
(2)
Plans for rehabilitation should use the Secretary of the Interiors Standards for Rehabilitation as a guideline.
(3)
The applicant should maintain sufficient landscaped or buffer area and yard area surrounding the historic resource to retain the integrity of the historic landscape and setting. The applicant can mitigate impacts to the historic landscape and setting through appropriate vegetation or through screening compatible with such historic landscape and setting, and through retaining the viewshed which visually link historic resources to their setting.
(4)
Applicant shall guarantee permanent adherence to these standards through establishment of appropriate restrictions and/or conservation easement(s) acceptable to the Township.
B.
Sewage disposal and water facilities. As a condition of any approval of any conventional development, all uses shall be served with sewer and water facilities approved by the Pennsylvania Department of Environmental Protection.
C.
Information required prior to conventional development - Option 2.
(1)
Delineation and the calculated area of all portions of the tract identified as primary natural resources: floodplains, areas of very steep slope, and wetlands, as well as water bodies or watercourses.
(2)
Delineation of drainage, stormwater management, or other utility easements, and rights-of-way or easements for public or privates streets.
(3)
The calculation of permitted number of lots/units per the requirements of § 350-602B(3).