Township of Westtown, PA Article IX Flexible Development Procedure

§ 170-900 Statement of intent.

A. In addition to the general goals listed in the preamble and the community development objectives, the Board acknowledges that the technology of land development and the demand for housing is undergoing substantial and rapid change, and recognizes the applicability of the objectives set forth in Article VII of Act 247, the Pennsylvania Municipalities Planning Code (53 P.S. § 10701 et seq).

B. Therefore, the specific intent of this article is to:[1]

(1) Encourage innovations in residential development and renewal so that the growing demand for housing may be met by greater variety in type, design, and layout of dwellings and by the conservation and more efficient use of open space ancillary to said dwellings;

(2) Provide greater opportunities for better housing and recreation for all who are or will be residents of the Township;

(3) Encourage a more efficient use of land and public service and to reflect changes in the technology of land development so that the economies so secured may enure to the benefit of those who need homes;

(4) Encourage more flexible land development which will respect and conserve natural resources such as streams, lakes, floodplains, groundwater, wooded areas, steeply sloped areas, and areas of unusual beauty or importance to the natural ecosystem;

(5) Encourage innovations in residential developments that are designed to minimize energy consumption and maximize recycling of materials in their layout, transportation, climate control, energy sources, and solid and liquid waste treatment systems; and

(6) Provide a procedure which can relate the type, design, and layout of residential development to the particular site and the particular demand for housing existing at the time of development in a manner consistent with the preservation of the property values within existing residential areas, and to assure that the increased flexibility of regulations over land development established hereby is carried out pursuant to sound, expeditious, and fair administrative standards and procedures.

[1] Editor's Note: Former Subsection B(1), regarding uniform treatment, which immediately followed, was repealed 9-15-2008 by Ord. No. 2008-1. This ordinance also redesignated former Subsection B(2) through (7) as B(1) through (6), respectively.

§ 170-901 Applicability of flexible development procedure.

[Amended 3-3-2003 by Ord. No. 2003-2]

For purposes of this article, the flexible development procedure is defined as applying to:

A. Land under single ownership, planned and developed as a whole;

B. In a single development operation or a programmed series of development operations including all lands and buildings;

C. Dwellings and related subordinate facilities;

D. Comprehensive and detailed plans which include not only streets, utilities, lots or building sites, and the like, but also site plans, site analyses, floor plans and elevations for all buildings as intended to be located, constructed, used and related to each other, detailed plans for other uses and improvements on the land as related to the buildings, lighting, landscaping; and

E. A program for provision, operation and maintenance of such areas, improvements, and facilities as will be for common use by some or all of the occupants of the development, but will not be provided, operated or maintained at general public expense unless acceptable to or found necessary by the Board of Supervisors.

§ 170-902 Applicability to base zoning districts.

A. Where approved by the Board of Supervisors as a conditional use, the flexible development procedure may be applied in the A/C Agricultural/Cluster Residential District and the R-1 Residential District where tracts suitable in location and character for the proposed development are to be developed under a unified plan, in accordance with the requirements and procedures set forth herein. In consideration of conditional use approval, the Board of Supervisors shall determine the reasonableness of the increase in density potentially authorized under this section, in the context of the physical characteristics of the site, and in the context of justification of increased density through provision for additional public and/or private amenities and/or through increased efficiency in public services.

[Amended 3-3-2003 by Ord. No. 2003-2]

B. Unified tract(s) of land for flexible development may be of any size. Flexible development on tract(s) containing less than 10 acres shall be permitted to include only residential uses consisting of single-family detached dwellings and shall not be eligible for bonus density as otherwise provided in § 170-904A(2) herein.

[Amended 3-3-2003 by Ord. No. 2003-2]

C. Flexible development shall be appropriately located with respect to the general pattern of community development, existing or proposed, and to public and private facilities and services, existing or clearly to be available by the time development reaches the stage where they will be required. The following specific requirements shall be met:

(1) Flexible development shall be so located with respect to major streets and highways or other transportation facilities as to provide direct access to such developments without creating traffic along minor streets in residential neighborhoods outside such developments.

(2) The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the site, from probability of flooding, erosion, subsidence or slipping of the soil, or other dangers, annoyances, or inconveniences. Condition of soil, groundwater level, drainage and topography shall be appropriate to both kind and pattern of use intended.

(3) Each area of land to be developed pursuant to this article shall be in one ownership, except that an area made up of two or more parcels in separate ownership may be so developed provided that all applications made under this article with respect to any portion of the area shall be the joint application of all of the landowners. If an area is developed with two or more parcels, all parcels shall be contiguous to each other. In the event of development of two or more parcels under one application, the owners shall present a written agreement which agreement shall have been recorded and shall run with the land, that the development will be in accordance with a single plan with common authority and common responsibility.

D. The location and conformity of the area shall be such that the flexible development thereof pursuant to this article would be consistent with the Westtown Township Comprehensive Plan.

§ 170-903 Permitted uses.

[Amended 3-3-2003 by Ord. No. 2003-2]

The uses permitted in a flexible development shall be subject to conditional use approval and shall be limited to:

A. Single-family detached dwellings.

B. Twin dwellings.

C. Multifamily dwellings, including four-family dwellings and townhouse or single-family attached dwellings, but excluding apartment dwellings in the R-1 District. In the A/C District, apartment dwellings shall be permitted where located not less than 200 feet from any existing public road or highway bordering the tract subject to flexible development and not less than 100 feet from the boundary of any adjacent lot or tract whereupon any single-family detached dwelling exists.

[Amended 9-15-2008 by Ord. No. 2008-1]

D. Agricultural use, in accordance with the provisions of § 170-1609 of this chapter. A principal dwelling may be permitted on the same premises as a principal agricultural use.

E. Farm-related business meeting the requirements of § 170-1616.

F. Open space and/or noncommercial recreational uses deemed appropriate by the Board of Supervisors for incorporation into the design of the development.

G. Building, structures, and/or uses owned or operated by Westtown Township.

H. If a flexible development meets the age restrictions for residents that apply to an adult community development, the flexible development also may include the following uses:

(1) Community center facility.

(2) Swimming club.

(3) Uses or facilities customarily accessory to an age-restricted adult community and primarily intended to serve residents of the development and their occasional invited guests.

I. Uses customarily accessory to permitted residential, agricultural and open space uses. As a condition of approval, the Board may specifically limit accessory uses potentially available to dwellings other than single-family detached dwellings and may require the applicant for flexible development to establish appropriate restrictions and/or covenants.

§ 170-904 Density standards.

[Amended 12-5-1994 by Ord. No. 94-6; 5-1-1995 by Ord. No. 95-2; 3-3-2003 by Ord. No. 2003-2]

The following standards shall govern the density of dwelling units on the land in flexible development:

A. Permitted base density and potential bonus density.

(1) Base density. In a flexible development, subject to compliance with all applicable standards, criteria and requirements herein, and as a condition of conditional use approval, the Board of Supervisors may approve a plan that provides for a greater number of dwelling units per acre than would be permitted by the Township zoning regulations otherwise applicable to the subject tract(s). Except where bonus density is permitted subject to the provisions of § 170-904A(2) below, the maximum density computed over the entire flexible development shall not exceed 1.1 dwelling units per acre of tract area, calculated in accordance with the provisions of § 170-1519B of this chapter. In calculating density, including bonus density where applicable, fractions shall be rounded to the next lower whole number.

(2) Bonus density. The maximum density established in accordance with § 170-904A(1) above may be further increased, where approved by the Board of Supervisors subject to conditional use approval, and in accordance with the standards herein. Bonus density for any purpose shall be added to the base density, calculated in dwelling units per acre. Bonus density shall not be construed as a multiplier to be applied to the base density calculation. Any use of bonus density shall be subject to compliance with the performance standards of § 170-904A(3). In no case shall the maximum total density exceed 1.5 dwelling units per acre of tract area, notwithstanding the ability of the applicant to potentially justify further density increase based on provisions in § 170-904A(2)(a) and/or (b) below:

(a) For every 5% of the gross area of the tract that is permanently preserved as common open space above the minimum established under § 170-904C below and meeting the criteria of § 170-904A(3), the maximum density may be increased by 0.075 dwelling units per acre. For example, if 50% of the gross area of a tract in the R-1 District proposed to be developed for single-family detached dwellings is provided as common open space, representing an addition of two increments of 5% each (40 + 5 + 5), then the maximum density may be increased to 1.25 dwelling units per acre (1.1 + 0.075 + 0.075).

(b) In addition, a maximum density bonus of up to 0.3 dwelling units per acre above the density that would otherwise be permitted shall be approved if the applicant proves to the satisfaction of the Board of Supervisors that the applicant will complete or fund substantial public improvements to mitigate one or more significant off-site impacts of the development.

[1] Substantial public improvements shall be limited to improvements to public streets, public recreation and open space, public water supply systems, public sanitary sewage systems, and public stormwater management systems which are identified by the Township at the time of the conditional use approval process and which will significantly reduce the need for public expenditures to resolve a clear public need. In consideration of potential substantial public improvements, the Township shall give preference to such improvements as clearly benefit the neighborhood(s) most immediately affected by the proposed flexible development. Provision of additional open space resulting in the approval of bonus density under § 170-904A(2)(a) above shall not also be considered a substantial public improvement.

[2] No density bonus shall be granted for any improvement(s) that an applicant for a development would otherwise be required to complete or fund under a Township, Township Authority, state or federal requirement. For example, in the case of public street improvements, no density bonus shall be granted for improvements to a segment of an existing street immediately adjacent to the applicant's property where such improvements would otherwise be required by the Township and/or the Pennsylvania Department of Transportation.

[3] At the time of conditional use application, the applicant shall identify the specific proposed substantial public improvement(s) for which bonus density is requested and shall indicate the anticipated cost(s) of completing proposed substantial public improvement(s).

[Amended 9-15-2008 by Ord. No. 2008-1]

[4] The amount of density bonus granted for any substantial public improvement(s) shall not exceed the maximum incremental density increase calculated as set forth in § 170-904A(2)(b) above and shall be established by the Board of Supervisors as a condition of approval based on a preponderance of evidence as follows: Bonus density, measured in an incremental increase in dwelling units, shall be determined by roughly equating the incremental cost to the developer of providing substantial public improvement(s), with a reasonable value to the developer for the increase in unit count.

[Amended 9-15-2008 by Ord. No. 2008-1]

[5] Commitment to complete or fund any substantial public improvement(s) shall be in a legally binding form acceptable to the Township Solicitor.

(c) Special bonus density for historic preservation. In addition to the maximum total permitted density, including bonus density as provided in § 170-904A(2)(a) and (b) above, and not subject to the overall density cap of 1.5 dwelling units per acre, additional dwelling units may be approved as follows:

[Added 9-15-2008 by Ord. No. 2008-1]

[1] Bonus dwelling units for preservation of historic sites and landscapes. One additional dwelling unit may be provided for each two acres comprising a lot (or open space parcel) which contains any Township-, state- or federally designated historic site or historic building or any historic site or building included or eligible for inclusion in the Chester County Historic Sites Survey and where such acreage otherwise meets all applicable criteria for open space. The use of this bonus shall be limited to no more than four bonus dwelling units for each distinct historic landscape preserved and shall be subject to the following criteria:

[a] The Township shall approve the configuration of the lot and/or restricted open space created to accommodate preservation of the historic landscape, which shall include, at a minimum, those portions of the property that contain outbuildings or ruins associated with the historical use of the principal historic building(s) and/or those areas of greatest public visibility.

[b] In order to be eligible for this bonus, the historical setting, including all acreage used to calculate bonus dwelling units, and the principal facades of any historical structures shall be preserved through establishment of a conservation easement acceptable to the Township. Such easement shall be recorded prior to or simultaneously with the recording of approved land development plans and prior to issuance of building permits, as applicable, for any situation where this bonus shall be utilized.

[c] Land(s) utilized for calculation of this bonus also may be counted toward the calculation of required or bonus open space, where applicable open space, criteria are met.

[2] Additional bonus dwelling units for historic restoration/rehabilitation. Where preservation of historic sites, as provided in § 170-904A(2)(c)[1] above, includes restoration or rehabilitation of historic structures approved by the Township, one additional dwelling unit may be provided for each 2,000 square feet, or portion thereof exceeding 1,000 square feet, of habitable floor area on all floor levels in the historic sections of such structures, subject to the following requirements:

[a] Eligible structures shall have been used historically as principal residential or agricultural structures or structures accessory to a principal residential use and shall be included or be eligible for inclusion as part of a Township-, state- or federally designated historic site or shall be included in the Chester County Historic Sites Survey;

[b] For the purposes of this section, measurement of habitable floor area may include previously nonhabitable space converted or to be converted to habitable floor area as a result of rehabilitation (e.g., barn space converted into habitable floor area);

[c] The applicant shall demonstrate to the satisfaction of the Township, submitting copies of appropriate plans and other documentation as necessary, that such structures have been or shall be restored and/or rehabilitated in accordance with plans prepared by a qualified restoration architect and in general compliance with the Secretary of the Interior's Standards for Rehabilitation of Historic Structures;

[d] All principal facades of eligible historic structures shall be preserved through establishment of conservation easement(s) acceptable to the Township;

[e] This bonus shall not apply if the integrity and scale of eligible historic structures have been or will be altered by additions that overwhelm their historic integrity due to the size of such addition(s) or to the use of modern or inappropriately scaled or proportioned materials, including exterior skins, windows, doors, chimneys, porches, and other features.

[3] Limitation to use of historic preservation bonus. No historic preservation bonus shall be applicable if the owner or developer of the subject property shall, or has within three years of the development application period or during actual development, and without the express approval of the Township, destroyed or demolished any historic site or historic building identified on the Chester County Historic Sites Survey or other relevant study on file with the Township.

(3) Performance standards for use of bonus density. In addition to all other applicable standards of this chapter, conditional use approval for any flexible development utilizing bonus density in accordance with § 170-904A(2) shall be subject to compliance with the following standards and criteria unless modified at the discretion of the Board of Supervisors; the applicant shall submit plan(s), narrative and graphic material(s) as necessary to adequately demonstrate compliance with these standards:

(a) Open space. In addition to compliance with all other applicable criteria herein, and in particular the standards of § 170-907, the following additional standards shall be applied to open space within any flexible development utilizing bonus density:

[1] All open space used toward calculation of compliance with minimum open space requirements shall comply with all applicable standards separately from any additional open space that is utilized toward calculation of bonus density.

[2] All open space used incrementally toward calculation of bonus density as provided in § 170-904A(2)(a) shall, in addition to full compliance with all other applicable standards herein, fully exclude from calculation of open space area any existing or proposed impervious surfaces, stormwater management facilities, wetlands, water bodies, watercourses, prohibitive slope (including created slopes exceeding 25%), and any lands subject to floodplain regulations.

[Amended 9-5-2017 by Ord. No. 2017-3]

(b) Scenic views.

[1] Historical landscapes and scenic views within or across any tract subject to flexible development shall be protected to the greatest extent practicable.

[2] Introduced landscaping, utilizing predominantly native vegetation and replicating landscape features characteristic to Westtown and its environs, shall be used to mitigate scenic impacts of development from public roads and neighboring residential properties where such views shall be altered by proposed development, grading, or other improvements necessary to accommodate proposed development. For purposes of this subsection, mitigation shall not require a complete visual screen, where the Township agrees that a filtered or diffuse screen is augmented by other landscaping or site conditions to deflect prominent lines of sight from development impacts or otherwise minimize the visual impacts of development.

(c) Stormwater management.

[1] Stormwater management facilities shall be designed to optimize the capture of stormwater at the sources of generation, maximize recharge to the subsurface groundwater system and minimize discharge to surface water flow. Guidance for stormwater management shall use the most current best management practices such as those promulgated by the Pennsylvania Department of Environmental Protection.

[2] Collectively, in addition to compliance with the design criteria for stormwater management set forth in Chapter 149 of the Code of the Township of Westtown, the design of stormwater management facilities across the tract subject to flexible development shall result in groundwater infiltration of stormwater equal in volume to the incremental increase of the two-year storm, predevelompent to postdevelopment. For purposes of calculating the predevelopment volume of the two-year storm, predevelopment land cover conditions shall be assumed to be woodland-good for any area predominantly under cover of trees and meadow-good for any other area, regardless of actual cover conditions. The applicant shall be required to submit soil percolation test results and other credible evidence including a maintenance program satisfactory to demonstrate long-term feasibility of required groundwater infiltration. Where groundwater infiltration of the full incremental volume of the two-year storm is not practicable, the Township may require employment of other means to mitigate potential groundwater impacts.

B. The amount of acreage contained within the tract area, for purposes of calculating maximum density within a flexible development, shall be determined in accordance with the provisions of § 170-1519A of this chapter.

C. The following percentages of the gross area of the tract shall be set aside as common open space for the use and benefit of the residents of the development and/or Township:

(1) A/C Agricultural/Cluster Residential District: 60%.

[Amended 9-15-2008 by Ord. No. 2008-1]

(2) R-1 Rural-Suburban Residential District, where single-family detached dwellings are provided: 40%.

(3) R-1 Rural-Suburban Residential District, where twin dwellings are provided: 50%.

(4) R-1 Rural-Suburban Residential District, where permitted multifamily dwellings are provided: 60%. Where more than one dwelling unit type is provided in the R-1 District, the minimum open space shall be calculated proportionally to the relative proportion of each unit type, as provided in Subsection C(3), (4) and/or (5) above. Additional open space also may be required as a condition of approval of applicable bonus densities.

D. A developer may construct flexible development in stages if the following criteria are met:

(1) The application for conditional use approval covers the entire flexible development and shows the location and approximate time of construction for each stage, in addition to other information required by this chapter.

(2) At least 15% of the dwelling units in the plan given conditional use approval are included in each stage, unless otherwise approved by the Board of Supervisors.

(3) The second and subsequent stages are completed consistent with the plans accompanying conditional use application and are of such size and location, including a sufficient degree of completion of the road network and other infrastructure, that they constitute economically sound units of development.

(4) Each stage shall include common open space in amounts and at locations deemed acceptable by the Board to meet, at minimum, the open space needs generated by that stage and to assure protection of the sensitive features of the tract.

(5) In the case of a flexible development proposed to be developed over a period of years, a variation in each stage to be developed from the density of use established for the entire flexible development may be permitted. A greater concentration of density of land use within one or more stages of development may be allowed, whether it be earlier or later in the development than others, provided that final approval shall not be given to any stage if the residential density of the area which includes stages already finally approved and the stage for which final approval is being sought exceeds by more than 20% the residential density allowed for the entire flexible development in the tentatively approved plan. In no case shall a flexible development be developed over a period greater than three years, unless an extension is approved by the Board of Supervisors.

E. The following standards apply to the housing sites within the flexible development:

(1) Single-family detached dwellings, twin dwellings and permitted multifamily dwellings may be arranged so as to provide for individual lots for each unit, or may be arranged as rental units or condominiums. Sufficient yard areas shall be set aside and designated on the plan for each type of housing, so that on an average throughout the development:

(a) The maximum net residential density for permitted multifamily areas shall not exceed 10 dwelling units per acre of tract area designated for such use.

(b) The maximum net residential density for twin dwelling units shall not exceed six dwelling units per acre of tract area designated for such use.

(c) The maximum net residential density for single-family detached housing areas shall not exceed four units per acre of tract area designated for such use.

(d) The acreage set aside for common open space rights-of-way of public streets shall not be used for computation of net residential density for any residential use.

(2) Permitted multifamily dwellings shall be designed and constructed in accordance with the following standards:

(a) Maximum dimensions. No row of townhouses or single structure containing single-family attached dwellings shall exceed 120 feet in any dimension, nor shall exceed five dwellings in a single structure or continuous row. No other structure containing permitted multifamily dwellings shall exceed 100 feet in any dimension.

(b) All buildings within an integrated townhouse development shall be set back from the right-of-way line of any street the development abuts a distance of not less than 100 feet.

(c) Maximum impervious coverage. Not more than 45% of the gross area of the tract shall be covered by impervious surfaces.

(d) Design standards.

[1] Streets within an integrated townhouse development shall be designed in accordance with the terms of Chapter 149, Subdivision and Land Development; provisions for the maintenance of any private streets shall be an essential part of the plan for development. The Township may, but is not required to, accept dedication of the streets within the integrated townhouse development for public use. It may require the posting of security in an amount and form satisfactory to it for the construction of such streets, as set forth in Chapter 149, Subdivision and Land Development.

[2] Parking requirements.

[a] Except where part of a shared parking arrangement authorized under the terms of Article XVII, all required off-street parking shall be developed within the boundaries of the townhouse development tract.

[b] Parking for each dwelling unit shall be provided either at the rear of the unit or shall be grouped into one or more parking areas serving a number of dwelling units. Individual curb cuts shall be permitted only for access to garages contained in units. Other front yard parking and individual curb cuts at the street line for access to parking shall be discouraged.

[c] Provisions for pedestrian circulation paths from the parking lot(s) to the buildings shall be provided. These paths shall be constructed of an all-weather surface.

[d] No parking space shall be more than 250 feet from an entrance to the building it serves.

[3] Screening: As required by § 170-1508 of this chapter.

[4] Storage: As required by § 170-1509 of this chapter.

[5] Landscaping: As required by § 170-1507 of this chapter.

[6] Access and traffic control. Routes for vehicular and pedestrian access and parking shall be designed and situated so as to create no nuisances or detractions from privacy. Design of the site shall comply further with the standards in §§ 170-1510, 170-1511, 170-1512, and 170-1513 of this chapter. Townhouse structures shall be arranged so as to reduce the amount of roads required to serve the development and to provide for an adequate open space design.

(3) The developer shall make adequate provision for the maintenance of buildings and land within yard areas set aside for condominium development by the organization of a condominium corporation with the responsibility for collection of sufficient levies or fees to pay the cost of such maintenance. Such maintenance may be conducted in conjunction with the requirements of § 170-908, where a condominium corporation owns and maintains common open space. Any such terms and provisions shall be consistent with the requirements of the Uniform Condominium Act of 1980.[1]

[1] Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.

(4) All housing shall be designed with regard to topography and natural features of the site in conjunction with the requirements of § 170-905A. The effects of prevailing winds, seasonal temperatures, and hours of sunlight on the physical layout and form of the proposed land use and buildings shall be taken into account.

(5) To create architectural interest in the layout and character of housing fronting streets, variations in building line shall be encouraged.

(6) All housing should be sited so as to provide privacy and to ensure natural light in all principal rooms.

(7) Building height shall be limited to three stories not to exceed 38 feet.

(8) Routes for vehicular and pedestrian access and parking areas shall be convenient without creating nuisances or detracting from privacy.

(9) The approximate location and arrangement of buildings and open spaces must be shown on tentative plans so that the Board may review the intensity of land use and serve the public interest by protecting neighboring land uses.

(10) The following requirements shall apply:

(a) No structure shall be within 30 feet of the curb of access roads.

(b) No single-family detached dwelling or twin dwelling may be erected within 30 feet of any other structure.

(c) The distance between buildings containing multi-family dwellings shall be determined in accordance with the requirements of § 170-802B(7).

(d) At its sole discretion, and for purposes of promoting innovative and preferred design of dwellings and structures, the Board may vary the terms of this § 170-904E(10) where deemed appropriate.

(11) Single-family detached dwellings, and uses accessory thereto, shall be a minimum of 50 feet, and all other structures shall be a minimum of 100 feet, from the property lines of the tract. Where proposed structures other than single-family detached dwellings will abut tracts containing similar uses, this distance may be reduced to 50 feet. Landscaping shall be required in these boundaries, regardless of the use being proposed. In cases where a one-hundred-foot setback from the tract boundary is required, including where twin dwellings are provided, at least 50 feet shall be a planted buffer conforming to the requirements of § 170-1508 and containing no paving.

(12) Where permitted, apartment dwellings shall comply with the minimum floor area provisions set forth in § 170-802B(3).

[Added 9-15-2008 by Ord. No. 2008-1]

§ 170-905 Design standards.

A. Conservation design. Any flexible development shall comply with the provisions of § 170-1617. In addition, the natural features protection standards contained in Article IV of this chapter shall be applicable to any flexible development and to any lot created within a flexible development.

[Amended 3-3-2003 by Ord. No. 2003-2]

(1) Site analysis. As part of application for conditional use approval of any flexible development, the applicant shall prepare and submit to the Township a site analysis which identifies the items listed below and which complies with applicable requirements of § 170-1617, Conservation design.

(a) Degree of slope, in the following ranges: less than 15%, as measured at two-foot contour intervals; 15%-25% and greater than 25%, as measured at five-foot contour intervals.

(b) Areas subject to floodplain regulations, including floodway, flood-fringe, and approximated floodplain areas, as delineated by the Flood Insurance Study for Westtown Township prepared by the U.S. Department of Housing and Urban Development and the Federal Insurance Administration.

[Amended 9-5-2017 by Ord. No. 2017-3]

(c) Water bodies and watercourses, both perennial and seasonal.

(d) Drainage basin and subbasins.

(e) Wetlands, as defined by this chapter.

(f) Generalized soil types as designated in the Soil Survey of Chester and Delaware Counties (USDA, 1963).

(g) Generalized geological characteristics, including rock formation type(s).

(h) Existing vegetation, denoted as to type, including tree masses, treelines, and hedgerows; individual freestanding trees over six inches dbh; wetland vegetation; meadow, pasture, or cropland; orchard; cultivated and ornamental garden areas; etc.

(i) Existing structures and other improvements.

(j) Historic resources, including structures, ruins, sites, traces, and relationship to the bounds of any National Register historic district.

(k) Existing paths and trails.

(l) Scenic views.

(m) All lands visible from any adjacent public road. Visibility shall be measured as viewed from a height of four feet above the surface of the road looking in any direction or angle across the subject property, and shall be based on winter conditions (whether actual or estimated at the time of inventory) when existing vegetation offers the least obstruction of view. Areas predominantly obscured from view may be excluded from inventory of visible lands subject to Township approval.

(2) Finished topography: The finished topography of the site shall adequately facilitate the proposed development without excessive earthmoving, tree clearance, or destruction of natural amenities. Natural features such as lakes, streams, and wooded slopes shall be preserved and incorporated into the final landscaping of the development wherever possible and desirable. The applicant shall demonstrate the means whereby trees and other natural features shall be protected during construction.

(3) Stormwater management: The applicant shall submit a proposed stormwater management plan, to be approved by the Township Engineer in accordance with Chapter 149, Subdivision and Land Development. In addition, the Board may require the submission of a study of the off-site and overall groundwater impacts of the proposed stormwater management system.

(4) Site stabilization: Seeding, sodding, and other planting shall be applied to stabilize the topsoil on disturbed or created slopes in excess of 15%, and to enhance the appearance of open areas as required by Chapter 149, Subdivision and Land Development.

(5) Erosion and sedimentation control: An erosion and sedimentation control plan shall be filed and implemented in accordance with the regulations of the Pennsylvania Department of Environmental Protection and the requirements of Chapter 149, Subdivision and Land Development.

B. Streets and parking.

(1) Streets: Streets within a flexible development shall be related to land use and to adjacent street systems, and shall be designated as secondary traffic street (arterial), collector street, or local street depending upon its function. Streets shall be designed in accordance with the terms of Chapter 149, Subdivision and Land Development; provision for the maintenance of such streets shall be an essential part of the plan for the development.

(2) Parking: Parking for all uses within the flexible development shall be in accordance with the requirements of Article XVII of this chapter.

C. Access and traffic control: As required by § 170-1510.

D. Signs: As required by Article XVIII.

E. Lighting: As required by § 170-1514. In particular, adequate lighting must be provided to the outdoor areas used by residents after dark. Appropriate lighting fixtures must be provided for walkways and to identify streets, steps, ramps, directional changes, and signs. Lighting shall be located to avoid shining directly into habitable room windows of dwelling units within the development, or into private yard areas associated with dwelling units. The requirements for lighting may be waived by the Board where density of development may not justify its use.

F. Landscaping: Landscaping shall be regarded as an essential feature of every flexible development. In addition to maximum preservation of the existing vegetation of the site, careful attention shall be given to landscaping of parking areas and provisions of street trees as required by this chapter, specifically § 170-1507, and Chapter 149, Subdivision and Land Development.

G. Screening: As required by § 170-1508.

H. All utility lines shall be placed underground. As-built plans for all utilities shall be submitted to the Township.

I. Supplementary project facilities:

(1) Swimming pools, skating rinks, and other recreational areas shall be located so as not to interfere with the residential character of adjacent dwelling units.

(2) Refuse stations must be designed with suitable screening, must be surrounded by a masonry enclosure on three sides, placed in locations convenient for collection and removal, and not be offensive to the occupants of adjacent dwelling units.

§ 170-906 Administration.

[Amended 3-3-2003 by Ord. No. 2003-2]

A. The flexible development procedure may be applied where approved by the Board of Supervisors as a conditional use. The prospective developer is strongly encouraged to submit a sketch plan to the Township for informal discussion prior to the submission of tentative and final development plans. The Board of Supervisors shall refer all plans for such developments to the Township Planning Commission and the Chester County Planning Commission for review and comment.

B. The Planning Commission shall act as the principal agent for the Board in reviewing and commenting on proposals for flexible development. As such, it shall receive and review the plans and documents, particularly with reference to the criteria for location and design as contained in §§ 170-902, 170-904, and 170-905 of this chapter. In addition, the Planning Commission shall evaluate the consistency of the proposed development with the Westtown Township Comprehensive Plan, and other matters required for consideration by the Board in § 170-2009 of this chapter.

C. The Planning Commission may, in reviewing a flexible development, meet with the prospective developer and advise him/her of changes required to comply with the terms and spirit of this chapter. The Planning Commission shall report to the Board, in writing, regarding its findings and recommendations not less than five days prior to the public hearing scheduled for consideration of the conditional use application.

D. In consideration of conditional use approval, the Township may require the applicant to submit a development impact study which considers the impact of the proposed flexible development on:

(1) Natural and cultural resources, including all items identified in the site analysis submitted in accordance with § 170-905A(1);

(2) Traffic volume and safety; and

(3) The provision of municipal services and the burden on taxpayers in making provision thereof, including, but not limited to, sewers, water, fire safety and police.

[Amended 9-15-2008 by Ord. No. 2008-1]

§ 170-907 Open space standards.

A. Use and design standards.

[Amended 3-3-2003 by Ord. No. 2003-2]

(1) The open space shall be laid out to the satisfaction of the Board in accordance with the best principles of site design, and shall be consistent with the intent of the Township's Comprehensive Plan and Parks, Recreation and Open Space Plan.

(2) Within the required acreage of open space, or elsewhere on the tract, an area equivalent to at least 10% of the net tract acreage shall be suitable and available to serve the particular recreational needs of the residents of the development. The Board may require that all, or a portion of, this recreational area be suitable for active recreation, and may further require that such area be prepared and developed for such purposes.

(3) Where applicable or deemed appropriate or contained in the Township's Comprehensive Plan or Parks, Recreation and Open Space Plan, provision for pedestrian trails for public and/or private use shall be provided. This provision need not be in addition to the 10% requirement of Subsection A(2) above unless the Board determines that the entire 10% minimum must be designated for active recreation.

(4) Where ownership of portions of the required open space is retained by the original owner of the tract or by the developer, use of the area may be consistent with the uses described in Subsection A(5) below and may include the following:

(a) Crop land or pasture;

(b) Cultivation of nursery stock or orchard trees;

(c) Public park or outdoor recreation area operated by a governmental agency, nonprofit organization, watershed association, or similar entity; and

(d) Woodland, game preserve, or similar conservation-oriented activity.

(5) The plan shall designate the use of common open space, the type of maintenance to be provided, and a planting plan or schedule. In designating use and maintenance, the following classes may be used:

(a) Lawn. A grass area with or without trees which may be used by the residents for a variety of purposes and which shall be mowed regularly to insure a neat and tidy appearance.

(b) Natural area. An area of natural vegetation undisturbed during construction, or replanting. Meadows shall be maintained as such. Maintenance may be minimal but shall prevent the proliferation of undesirable plants. Litter, dead trees, and brush shall be removed and streams kept in free-flowing condition.

(c) Recreation area. An area designated for a specific recreational use, including by way of example tennis, swimming, playfields, and totlots. Such areas shall be located and maintained in such manner as not to create a hazard or nuisance and shall perpetuate the proposed use.

(d) Crop land or pasture; cultivation of nursery stock or orchard trees. Under the flexible development procedure, existing dwellings and farm-related buildings shall be permitted in the open space set-aside provided the open space is retained for agricultural purposes.

(e) Areas used for subsurface infiltration or land application (irrigation) of stormwater and/or treated wastewater. Open storage or settling ponds may be included where accessory to infiltration facilities. All other stormwater and wastewater facilities may be physically located in open space areas but shall be excluded from measurement of the minimum required open space.

(6) At least 50% of the minimum required common open space area shall be located outside floodplain areas, wetland areas, and areas of greater than twenty-five-percent slope.

[Amended 9-15-2008 by Ord. No. 2008-1]

(7) The following design standards, as deemed appropriate by the Board, shall apply to areas of common open space. Such areas shall be:

(a) Not less than 75 feet in width at any point and not less than 1/2 acre of contiguous area.

(b) Interconnected with common open space areas on abutting parcels wherever possible, including provisions for pedestrian pathways for general public use to create linked pathway systems within the Township;

(c) Provided with sufficient perimeter parking when necessary, and with safe and convenient access from adjoining public road frontage or other rights-of-way or easements capable of accommodating pedestrian, bicycle, and maintenance and vehicle traffic, and containing appropriate access improvements. Areas required for parking may be included in calculating the minimum acreage required for open space;

(d) Undivided by any crossings of public or private roads, except where necessary for proper traffic circulation, and then only upon recommendation of the Township Engineer and Planning Commission;

(e) Free of all structures, except those related to outdoor recreational use or as otherwise provided herein;

(f) Suitably landscaped by retaining existing natural cover and wooded areas and/or by a landscaping plan which is consistent with the purposes of this article and which minimizes maintenance costs; and

(g) Made subject to such agreement with the Township and such deed restrictions, duly recorded in the office of the Chester County Recorder of Deeds, as may be required by the Board of Supervisors for the purpose of preserving the common open space for such use.

B. Ownership and maintenance standards.

(1) Ownership of a portion of the open space may be retained by the developer and/or the original owner of the development tract, provided that the open space and recreational needs of the residents are adequately met by that portion not retained. The developer and/or original owner of the tract shall make this determination; however, the Board, at its discretion, may require that the developer and/or original owner of the tract put aside more open space for the use of the residents if, in its opinion, the amount set aside by the developer and/or original landowner is not sufficient.

(2) The following standards shall apply to that portion of open space (common open space) not retained by the developer and/or original owner:

(a) Ownership. Any of the following methods may be used, either individually or together, to preserve, own, and maintain common open space: condominium, homeowners' association, dedication in fee simple, dedication of easements, and transfer of fee simple title and easements to a private conservation organization. Such land shall not be eligible for transfer to another party except for transfer to another method of ownership permitted under this section, and then only where there is no change in the open space ratio. The following specific requirements are associated with each of the various methods:

[1] Homeowners' association. The common open space may be held in common ownership by a homeowners' association. This method shall be subject to all of the provisions for homeowners' associations set forth in Subsection B(2)(b) below, and the homeowners' association agreement shall be recorded.

[2] Fee simple dedication. The Township may, but shall not be required to, accept any portion or portions of the common open space, provided such land is accessible to the residents of the Township, there is no cost of acquisition (other than any costs incidental to the transfer of ownership, such as title insurance), and the Township agrees to and has access to maintain such lands. As a condition of approval of any flexible development, the Board of Supervisors may require that a maximum of 20% of the required common open space be dedicated to the Township for recreational purposes.

[Amended 3-3-2003 by Ord. No. 2003-2]

[3] Transfer to a private conservation organization. With permission of the Township, an owner may transfer either the fee simple title, with appropriate deed restrictions running in favor of the Township, or a conservation easement to a private nonprofit organization, among whose purposes is to conserve open space land and/or natural resources, provided the organization is acceptable to the Township is a bona fide conservation organization with perpetual existence; the conveyance contains appropriate provision for proper reverter or retransfer in event that the organization becomes unwilling or unable to continue carrying out its functions; and a maintenance agreement acceptable to the Township is reached.

[4] Dedication of easements. The Township may, but shall not be required to, accept easements for public use of any portion or portions of open space land, title to which is to remain in ownership by condominium or homeowners' association, provided that such land is accessible to the residents of the Township; there is no cost of acquisition (other than any costs incidental to the transfer of ownership, such as title insurance); and a maintenance agreement acceptable to the Township is reached.

[5] Condominium. The common open space may be controlled through the use of condominium agreements. Such agreements shall be in conformance with the Uniform Condominium Act of 1980 (68 Pa.C.S.A. § 3107 et seq.). All such common open space land shall be held as "common element."

(b) Maintenance.

[1] In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after establishment of the development fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Township may serve written notice upon such organization or upon the residents and owners of the development, setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof, and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. At such hearing the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said 30 days or any extension thereof, the Township, in order to preserve the taxable values of the properties within the development and to prevent the common open space from becoming a public nuisance, may, in its discretion, enter upon said common open space and maintain the same for a period of one year. Said entry and maintenance shall not constitute a taking of said common open space, and shall not vest in the public any rights to use the common open space except when the same is voluntarily dedicated to the public by the residents and owners and such dedication is acceptable to the Township. Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization, or to the residents and owners of the development, to be held by the Township, at which hearing such organization or the residents and owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Township shall determine that such organization is ready and able to maintain said common open space in reasonable condition, the Township shall cease to maintain said common open space at the end of said year. If the Township shall determine such organization is not ready and able to maintain said common open space in a reasonable condition, the Township may, in its discretion, continue to maintain said common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter. The decision of the Township in any case shall constitute a final administrative decision subject to judicial review.

[2] The cost of such maintenance and enforcement proceedings by the Township shall be assessed ratably against the properties within the development that have a right of enjoyment of the common open space and shall become a lien on said properties. Said assessments or charges shall be subordinate in lien to the lien of any prior mortgage or mortgages on the property which is subject to such assessments or charges. The Township, at the time of entering upon such said common open space for the purpose of maintenance, shall file notice of such lien, in the office of the Prothonotary of Chester County, upon the properties affected by such lien within the development.

[3] Included in any terms of ownership shall be protection of the open space against development in perpetuity by means of a conservation easement prohibiting development. The required easement shall be conveyed either to the Township directly (in which case the development's property owners shall be named as third party beneficiary) or to a conservation organization acceptable to the Board (in which case the Township and property owners of the development shall be named as third party beneficiaries).

[Amended 12-5-1994 by Ord. No. 94-6]

§ 170-908 Specific requirements for homeowners' association.

If a homeowners' association is formed, it shall be governed according to the following regulations:

A. The developer shall provide to the Township a description of the organization, including its bylaws and documents governing common open space maintenance and use restrictions.

B. The organization shall be established by the developers and shall be operating (with financial subsidization by the developers, if necessary) before the sale of any lots within the development.

C. Membership in the organization is mandatory for all purchasers of homes therein and their successors.

D. The organization shall be responsible for maintenance of and insurance on common open space. The organization shall be responsible for real estate taxes on common open space only where the following preferred alternative is not utilized: The developer of any cluster development proposed to contain any area(s) of common open space may arrange with the County Board of Assessment a method of assessment of the open space which will allocate to each tax parcel in the cluster development a share of the total assessment for such open space. Where this alternative is to be utilized, the method of allocation shall be approved by the Board of Supervisors.

E. The members of the organization shall share equitably the costs of maintaining and developing common open space, in accordance with the procedures established by them.

F. In the event of any proposed transfer of common open space land by the homeowners' association or of the assumption of maintenance of common open space land by the Township as hereinafter provided, notice of such action shall be given to all property owners within the cluster development by the homeowners' association.

G. The organization shall have or hire adequate staff, as necessary, to administer common facilities and maintain common open space.

H. Lease agreement.

(1) The homeowners' association may lease back open space lands to the developer, his heirs or assigns, or to any other person or corporation qualified to manage open space for operation and maintenance of open space lands, but such a lease agreement shall provide:

(a) That the residents of the cluster development shall at all times have access to the open space lands contained herein;

(b) That the common open space to be leased shall be maintained only for the purposes set forth in this chapter; and

(c) That the operation of open space facilities may be for the benefit of the residents of the cluster development only or may be open to the residents of the Township.

(2) The lease shall be subject to the approval of the Township, as shall any transfer or assignment of the lease. Lease agreements so entered upon shall be recorded with the Recorder of Deeds of Chester County within 30 days of their execution and a copy of the recorded lease shall be filed with the Township.

§ 170-909 through § 170-915. (Reserved) [1]

[1] Editor's Note: Former § 170-909 through § 170-915 were repealed 3-3-2003 by Ord. No. 2003-2.