[Ord. 524, 12/31/1991; as added by Ord. 549, 9/9/1996, § 3]
In order to encourage the preservation of natural resources, the creation of viable open spaces, more creative and attractive development, the provision of recreation areas and the efficient design and use of streets, the Board of Commissioners may permit cluster development in the R-2 Residence District only, provided that the standards and criteria are satisfied:
A. The tract of land shall be not less than five contiguous acres within West Norriton Township.
B. The tract of land to be developed shall be in one ownership or shall be the subject of an application filed jointly by the owners of the entire tract, and it shall be agreed that the tract will be developed under single direction and completely in accordance with the plan.
C. The tract to be subdivided shall contain any one or combination of the following, which to the maximum extent practicable shall be included as common open space as described under Subsection
G hereunder except for roads or access drives which may be required in order to take safe and convenient access to the property proposed for cluster development.
(1) Floodplain, as defined in Part
22 of this chapter.
(2) Slopes in excess of 15% as determined by a field topographical survey.
(3) Mature permanent vegetation such as trees with a caliper of six inches or greater covering 1/4 acre considered by the Board of Commissioners to be a natural amenity worthy of preservation.
(4) Other natural features of irreplaceable value or unique areas providing wildlife habitat, subject to the concurrence of the Board of Commissioners.
(5) Land suitable for active recreational use of public open space facilities subject to the concurrence of the Board of Commissioners.
D. The cluster subdivision option shall be served by public water and public sanitary sewer facilities.
E. The application for conditional use shall be accompanied by a plan showing the detailed use of the entire tract, which plan shall also demonstrate compliance with all applicable requirements of the West Norriton Township Zoning Ordinance and West Norriton Township Subdivision and Land Development Ordinance. The plan shall clearly identify all features described in Subsection
C above and indicate the location of proposed common open space areas as well as method of ownership.
[Amended by Ord. 2013-677, 2/11/2014]
F. A cluster subdivision option shall be subject to the following regulations:
(1) Minimum common open space, 40% of tract area.
[Amended by Ord. 2013-677, 2/11/2014]
(2) Lot Requirements. Each subdivided lot shall be subject to the following minimum area, width and yard and maximum height and building requirements:
(a) Lot area, 10,000 square feet minimum.
[Amended by Ord. 2013-677, 2/11/2014]
(b) Minimum lot width at building setback line, 65 feet.
(c) Average lot width at building setback line, 80 feet.
(g) Accessory building or structure may be erected in the rear yard only.
(h) Height.
(i) Principal building, 35 feet.
(ii) Accessory building, 20 feet and not exceeding one story.
(i) Maximum building coverage, 30% of each individual lot.
(j) A perimeter buffer as defined by §
27-606 of this chapter shall be provided on all single-family lots that abut the ultimate right-of way of existing streets and the tract boundary and shall have a minimum width of 35 feet; underground utilities and driveways providing access to the single-family lots shall be permitted in the perimeter buffer.
[Amended by Ord. 2014-686, 7/14/2015]
(k) Access Restrictions. The Board of Commissioners may impose the following additional conditions:
(i) Reverse-frontage or marginal access road design shall be provided along primary streets such as those classified as major and secondary streets.
(ii) For each lot with more than one street frontage, driveway access shall be permitted only to the street of lower classification.
(iii) Where reverse frontage lots are utilized, the rear 35 feet shall consist of landscape material abutting the perimeter street and shall be provided in addition to the minimum rear yard.
(l) Maximum density shall be determined by submission of a sketch plan based upon by-right development in the R-2 Residence District. This plan shall be submitted as part of the conditional use application for cluster development and shall demonstrate compliance with all applicable requirements of the Zoning Ordinance. The number of lots determined by the by-right yield plan shall be the maximum number of lots allowed in any proposed cluster development.
[Added by Ord. No. 2013-677, 2/11/2014]
(m) Pedestrian access shall be provided through the common open space and shall connect to other open space areas whenever practicable.
[Added by Ord. No. 2013-677, 2/11/2014]
G. Open Space in Cluster Subdivision Option.
(1) All areas to be set aside or reserved for parks, woodlands, conservation, common use or other open space purposes, such as the preservation of natural features or historical areas, shall be suitable for the designated purpose as determined by the Board of Commissioners, or be consistent with the comprehensive plan or open space plan for the Township and contain no new structures, paving or other physical improvements except for those necessary and incidental to the open space purpose, natural plantings, necessary underground utilities and pedestrian walkways.
(2) Ownership. Provision for ownership and maintenance of the common open space shall be made in a manner so as to ensure its preservation. To that end, the Township may accept dedication of the common open space or any interest therein for public use and maintenance but, at the discretion of the Board of Commissioners, the Township need not require that the common open space be dedicated nor accept a dedication of the common open space if offered. The developer shall provide for and establish an organization for the ownership and maintenance of the common open space. If such an organization is created, the deed for the common open space and for all individual lots within the tract shall contain the following requirements in language acceptable to the Township Solicitor:
(a) Such organization shall not dispose of the common open space by sale or otherwise except to the Township or other governmental body unless the Township has given prior approval. Such transfer shall be made only to another organization, which shall maintain the common open space in accordance with the provisions of this chapter.
(b) The organization and all lot owners within the development shall agree to be bound by provisions relating to Township maintenance and deteriorating open space and providing for the ability of the Township to access and lien the properties within the development.
(c) All lot owners shall be required to become members of the organization and pay assessments for the maintenance of the common open space.
(d) The Township may require the formation of a reserve fund to cover capital improvements to the common open space.
(3) Provision shall be made for the continued maintenance and repair of common open space features, which may not be accepted for dedication by the Board of Commissioners, and shall be the continued responsibility of the homeowners' association, which shall have been created in a form and manner subject to the approval of the Township Solicitor.
[Added by Ord. No. 2013-677, 2/11/2014]
H. Any conditional use approval for cluster development in the R-2 Zoning District shall be conditioned upon the applicant's submission of a formal subdivision and land development application for the property; that plan must receive final approval by the Board of Commissioners as a prerequisite to obtaining any Township permits for the development of the property.
[Amended by Ord. No. 2013-677, 2/11/2014]
I. The Board of Commissioners shall determine whether or not dedication of roads shall be accepted by the Township or, in the alternative, reserved as private roads to be maintained by a homeowners' association in a manner acceptable to West Norriton Township.
[Added by Ord. No. 2013-677, 2/11/2014]