Township of Bethel, PA Article VII R-2 Residence District

[Added 12-21-2016 by Ord. No. 222]

§ 480-41.1 Legislative intent.

In order to encourage efficient land use and provide for residential housing of various dwelling types encompassing all basic forms of housing, the R-2 Residence District is created to provide for residential use for single-family detached dwellings and single-family semidetached dwellings on more moderately sized lots and parcels than is currently provided for in other zoning districts under the Bethel Township Zoning Ordinance of 2008.

§ 480-41.2 Uses.

In R-2 Residence District, a building may be erected, altered or used, and a lot or premises may be used, for any of the following purposes and for no other:

A. Single-family detached dwellings.

B. Single-family semidetached dwelling, when approved as part of a unified residential development meeting the minimum development requirements of § 480-41.3 of this article.

C. Single-family detached dwelling, when approved as part of a unified residential development meeting the minimum development requirements of § 480-41.3 of this article.

D. Accessory use on the same lot with and customarily incidental to the above permitted use.

§ 480-41.3 Minimum development standards - unified residential development.

In order to be developed as a unified residential development, a tract or parcel must meet the following conditions:

A. At the time of development application, any tract of land shall be in one ownership, or be the subject of preliminary and final applications filed jointly by the owners of the entire land;

B. All ownership interests in any tract shall be disclosed in the preliminary and final plans;

C. Ownership interests in adjacent lands shall also be disclosed in the preliminary plans;

D. If the owner or owners intend to develop said land over a delayed time schedule, said time schedule and plan must be approved by the Board of Supervisors;

E. In order to qualify under this article as a unified residential development said development shall provide for a minimum of 18 acres of land.

F. The land being used to qualify under this article as a unified residential development shall be located in any area of the Township designated R-2;

G. In order to qualify under this article as a unified residential development, the tract of land must be served by public water and public sanitary sewer systems.

H. Following land development approval, construction and issuance of certificate of occupancy, single-family semidetached dwelling and single-family detached dwelling units within the unified residential development may be individually owned and occupied.

I. Areas set aside for open space under this article within unified residential development shall be consistent with the comprehensive plan of the Township for future land use. Any such areas shall not contain any structure other than one related to a recreational, utility or stormwater management use. Common open space shall be set aside for the use and benefit of the residents in the unified residential development.

J. The deed or deeds to any land set aside as open space must contain a restriction, in a form acceptable to the Board of Supervisors, to be duly recorded in the Office for Recording of Deeds, in and for Delaware County, eliminating the possibility of further subdivision of said open space in the future. All persons or corporations with an interest in said tract must agree in writing to said restrictions, including all mortgagees.

K. The developer of a unified residential development shall make adequate provision for the ownership and continuing maintenance of open space and improvements thereon by the establishment of a homeowner's organization which is approved by the Board of Supervisors. Such homeowners organization shall not be dissolved nor shall it dispose of any or all of the open space in any manner whatsoever, except to a separate organization of homeowners conceived and established to own and maintain said open space. Nothing contained herein, however, shall preclude all or parts of the open space from being dedicated to the public by the acceptance of a deed of dedication by the Board of Supervisors, at their sole discretion.

L. The developer of a unified residential development shall submit full details concerning the proposed homeowners organization, its powers, rights, duties, responsibilities, etc., in regard to ownership, maintenance, etc. of the common open space, which shall be subject to approval by the Board of Supervisors. The Board of Supervisors without such prior approval shall approve no final plan.

§ 480-41.4 Area and height regulations.

A. Single-family detached dwelling.

(1) Lot area and width; overall density. For every principal building hereafter erected or used for use as single-family detached dwelling in this district, a lot served by both an approved public sanitary sewer system and an approved public water supply shall have an area of not less than 10,000 square feet and a lot width of not less than 70 feet at the building line and a frontage not less than 25 feet wide at the street line; provided, however, that if a subdivision of a tract is proposed for two or more single-family detached dwelling lots, no more than one dwelling unit shall be permitted for each 20,000 square feet of land of the total overall development tract. In determining the number of dwelling units permitted, the factor resulting from the division of the total gross square footage of the overall development tract by 20,000 shall be rounded up or down to the nearest whole number, with 0.5 or greater being rounded up. (For example, if the total gross square footage of the overall development tract is 230,000 square feet, 12 dwelling units would be permitted (230,000/20,000 = 11.5, rounded up to 12)).

(2) Building area. The building area shall not exceed 30% of the lot area.

(3) Front yards. There shall be a front yard on each street or road on which the lot abuts the depth of which shall be at least 25 feet measured from the street or road line. Lots having frontage on a street or road classified higher than local road shall have a front yard the depth of which shall be at least 30 feet measured from the street or road line and at least 60 feet from the edge of the paved cartway of such street or road classified higher than local road (as existing at the time of application for development). All streets and roads constructed as part of a development shall be considered local roads.

(4) Side yards.

(a) For any building or use served with public water and sewer facilities there shall be two side yards not less than 25 feet in aggregate width and neither less than 10 feet in width.

(b) For any building or use served with either on-site water and on-site sewer facilities there shall be two side yards not less than 75 feet in aggregate width and neither less than 30 feet in width.

(5) Rear yard. There shall be a rear yard, the depth of which shall be at least 30 feet.

(6) Height regulations. The height of any principal building shall not exceed 35 feet, determined as set forth in § 480-35 (definition for height of building). The main level of the ground abutting the building shall be further defined as the average grade of the ground abutting the building.

(7) Accessory building. Accessory buildings shall comply with Article XIX, § 480-136. Minimum setback shall comply with Article XIX, § 480-137, provided that an accessory building in the R-2 district must be set back at least two feet from the rear and side property lines. All accessory buildings must be behind the dwelling or main building. No more than one accessory building may be erected per lot. The gross floor area of an accessory building shall not exceed 80 square feet.

(8) Uses accessory to dwellings:

(a) Private garage, private parking space.

(b) Swimming pool for use of family and guests only.

(c) Private greenhouse and storage buildings for garden tools.

(d) Sheds; shelter for pets, gazebos and similar structures.

(e) Uses authorized in this article as necessary to a dwelling shall not be deemed to include a hospital, clinic, barbershop, beauty parlor, mortuary, other personal service shop, tearoom, hotel or any other similar use.

(f) Offices of physician, dentist, minister, lawyer, teachers tutoring a maximum of three students at one time, accountant and other similar type uses, provided that such offices may only be situated in the dwelling of such practitioner, and shall be regularly employed therein, and no colleagues or associates shall use such office. Approval for these accessory uses must be granted by special exception of the Zoning Hearing Board.

(9) Special provisions.

(a) Fencing. Only tract perimeter fencing is permitted. Fencing may not be erected between lots.

(b) Sidewalks. Sidewalks shall be provided along all roadway frontages.

(c) Street lights. Street lights shall be provided in the development at a minimum of one street light for each 500 feet of development roadway.

(d) Off-street parking. Each dwelling unit shall have a minimum of three off-street parking spaces. Garages may be counted as parking spaces.

(e) Decks; swimming pools. Uncovered decks or patios and swimming pools shall be allowed within the building envelope of each lot and additionally may project no more 10 feet into the rear yard.

B. Single-family semidetached dwellings and single-family detached dwellings, when approved as part of a unified residential development meeting the minimum development requirements of § 480-41.3 of this article.

(1) Overall tract size. The overall tract or parcel to be developed as a unified residential development shall have an area of not less than 18 contiguous acres.

(2) Open space. A minimum of 30% of the tract, exclusive of public rights-of-way, shall be set aside as common open space. No land area less than 20 feet in width may be included in the calculation of open space. Said open space shall be planned in accordance with the applicable provisions of this article, subject to the approval of the Board of Supervisors.

(3) Density. No more than one dwelling unit shall be permitted for each 20,000 square feet of land of the total overall tract constituting the unified residential development.

(4) Building area. The building area shall not exceed 35% of the lot area.

(5) Lot area. Individual lots for single-family semidetached dwellings and single-family detached dwellings within a unified residential development shall have an area of not less than 4,000 square feet.

(6) Lot width. Individual lots for single-family semidetached dwelling and single-family detached dwellings within a unified residential development shall have a lot width of not less than 35 feet at the building line.

(7) Front yard. Individual lots for single-family semidetached dwellings and single-family detached dwellings within a unified residential development shall have a front yard on each street or road on which the lot abuts the depth of which shall be at least 20 feet measured from the street or road line. Lots having frontage on a street or road classified higher than local road shall have a front yard the depth of which shall be at least 30 feet measured from the street or road line and at least 60 feet from the edge of the paved cartway of such street or road classified higher than local road (as existing at the time of application for development). All streets and roads constructed as part of a development shall be considered local roads.

(8) Rear yard. Individual lots for single-family semidetached dwellings and single-family detached dwellings within a unified residential development shall have a rear yard, the depth of which shall be at least than 30 feet in depth;

(9) Side yards. Individual lots for single-family semidetached dwellings and single-family detached dwellings within a unified residential development shall have at least one side yard for each lot, which side yard shall not be less than 15 feet in width;

(10) Height regulations. The height of any principal building shall not exceed 35 feet, determined as set forth in § 480-35, definition of height of building. The main level of the ground abutting the building shall be further defined as the average grade of the ground abutting the building.

(11) Accessory building. Accessory buildings shall comply with Article XIX, § 480-136. Minimum setback shall comply with Article XIX, § 480-137, provided that an accessory building in the R-2 district must be set back at least two feet from the rear and side property lines. All accessory buildings must be behind the dwelling or main building. No more than one accessory building may be erected per lot. The gross floor area of an accessory building shall not exceed 80 square feet. No accessory building within a unified residential development may be located in designated open space for the unified residential development. No accessory buildings are permitted on lots containing single-family semidetached dwellings.

(12) Swimming pools. Swimming pools shall not be permitted in a unified residential development.

(13) Buffer yard. Along each side or rear property line which directly abuts a single-family residence district in the Township or an adjoining municipality, a buffer yard of not less than 20 feet in width shall be provided for all uses other than single-family detached dwellings. The buffer yard shall contain landscape plantings in accordance with § 480-150. Buffer yards shall be included and contained within the required rear yard (and not in addition thereto).

(14) Special provisions.

(a) Fencing. Only tract perimeter fencing is permitted. Fencing may not be erected between lots.

(b) Sidewalks. Sidewalks shall be provided along all roadway frontages.

(c) Street Lights. Street lights shall be provided in the development at a minimum of one street light for each 500 feet of development roadway.

(d) Off-Street Parking. Each dwelling unit shall have a minimum of three off-street parking spaces. Garages may be counted as parking spaces.

(e) Decks. Uncovered decks or patios shall be allowed within the building envelope of each lot and additionally may project no more than 10 feet into the rear yard.