West Donegal Township
City Zoning Code
City Zoning Code
ARTICLE XII
R-2 Medium-Density Residential District 1
§ 240-50 Purpose.
[Amended 12-21-2015 by Ord. No. 221-2015]
The R-2 Medium-Density Residential District is comprised of a mix of housing types and densities. The purpose of the district is to stabilize and preserve areas of the community to provide for a suitable environment for family life. Certain nonresidential uses are allowed by right, or by special exception, to provide for convenient access to the higher concentration of residents. This district generally coincides with public utility service areas. As a result, permitted densities and housing types require the use of these public utilities.
§ 240-51 Permitted uses.
§ 240-52 Special exceptions.
[Amended 12-21-2015 by Ord. No. 221-2015]
The following uses are permitted when a special exception is granted by the Zoning Hearing Board after public hearing. In granting any special exception, the Zoning Hearing Board may attach conditions to its approval which are necessary in order to preserve and protect the character of the district.
§ 240-53 Conditional uses.
The following uses are permitted when a conditional use is granted by the Board of Supervisors after a public hearing. In granting any special exception, the Board may attach conditions to its approval which are necessary in order to preserve and protect the character of the district.
§ 240-54 Required public utilities.
[Amended 12-21-2015 by Ord. No. 221-2015]
The requirement of public sanitary sewer and public water facilities for principal uses, except agricultural, silvicultural, horticultural, park and playgrounds, is outlined in the Design Requirements of R-2 District, included at the end of the chapter.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
§ 240-55 Design requirements of R-2 District.
The following tabulates various requirements, followed by additional requirements.[1]
[1]
Editor's Note: Design Requirements of R-2 District is included as an attachment to this chapter.
§ 240-56 Open space requirements.
Except in the case of open space developments (§ 240-53A), in those instances when an applicant proposes the use of open space, such open space shall comply with the following:
A.
Open space shall be designed and arranged to achieve at least one of the following objectives, and the applicant shall demonstrate those specific measures employed to achieve these objectives:
(1)
Protection of important natural resources (e.g., streams, ponds, wetlands, steep slopes, woodlands, unique geologic features, wildlife habitats, aquifer recharge areas, etc.).
(2)
Protection of important historical and/or archaeological sites.
(3)
Provision of usable play and recreation areas that are conveniently accessible to residents within the development and the Township.
(4)
Integration of greenbells and linear trails throughout the development that link residences with on-site or adjoining parks, schools or other similar features.
B.
An essential element of the provision of open space is a written description regarding its ownership, maintenance and/or disposition. Such ownership and/or disposition shall be accomplished through one of the following:
(1)
An offer of dedication to the Township. The Township shall not be obligated to accept dedication of the open space.
(2)
With permission of the Township, and with appropriate deed restrictions in favor of the Township and in language acceptable to the Township Solicitor, the developer may transfer ownership of the open space or a portion thereof to a private, nonprofit organization among whose purposes is the preservation of open space land and/or natural resources. The organization shall be a bona fide conservation organization with a perpetual existence, the conveyance must contain appropriate provision for reverter or retransfer if the organization is unable to maintain the land, and the organization must enter into a maintenance agreement with the Township.
(3)
The developer may provide for and establish an organization for the ownership and maintenance of the open space. The nature of the organization and the documents creating and governing the organization shall be reasonably satisfactory to the Township Solicitor and shall include the following requirements:
(a)
Such organization shall not dispose of the open space, by sale or otherwise, except to the Township, unless the Township has given prior written approval. Such transfer shall be made only to another organization which shall maintain the open space in accordance with this chapter.
(b)
The organization shall enter into a maintenance agreement having terms consistent with those set forth in Article VII of the MPC applicable to planned residential developments, including without limitation those provisions relating to the maintenance of deteriorating open space.
(c)
The Township may require the establishment of a reserve fund to provide for maintenance of or capital improvements to the open space.
(d)
The provisions of the documents shall be recordable so as to provide constructive public notice and shall be binding upon the organization, all property owners acquiring units or lots in the development and the successors and assigns of the organization and all such property owners.