[Added 6-15-1999 by Ord. No. 99-03]
The intent of the I/R - Institutional/Residential District is to recognize and provide further opportunity for the development of an area of the Township well-suited to a mix of institutional and residential uses. The district combines several substantial properties to form a distinct core of land with important infrastructural advantages. At the same time, the uses and site design criteria within this district are intended to assure continuity with those of the adjacent R-2 and MU Districts. Areas for educational, religious, and residential use are provided, through a process designed to maximize the integration and compatibility of the various uses and tracts. In so doing, the Township's intent is to take full advantage of opportunities within the district for creative solutions in matters of circulation, access, buffering, shared facilities, water supply, wastewater, etc.
A. 
Permitted uses. A building or other structure may be erected, altered, or used, and a lot may be used or occupied, for any of the following purposes, and no other:
(1) 
Agriculture, in accordance-with the terms of §§ 399-85 and 399-97.
(2) 
Single-family detached dwelling.
(3) 
Cemetery.
(4) 
Religious use.
(5) 
Electric substation or similar public utility, provided that there shall be no exterior storage of equipment nor any bulk storage of liquid or gaseous fuels. For purposes of this subsection, the term "public utility" shall not include any person or entity furnishing mobile domestic cellular radio telecommunications or other wireless service.
(6) 
Accessory use on the same lot with and customarily incidental to any permitted use or conditional use approved within the IR District.
(7) 
Forestry, as defined by this chapter, including logging activities when in accordance with the standards in § 399-102.1.
[Added 12-30-2004 by Ord. No. 04-22]
(8) 
No-impact home occupation, in accordance with the terms of § 399-93.
[Added 11-29-2018 by Ord. No. 05-2018]
B. 
Conditional uses. The following uses shall be permitted when approved as a conditional use by the Board of Supervisors in accordance with the terms of this article and § 399-137:
(1) 
School.
(2) 
Clustered residential development.
(3) 
Major home occupation, in accordance with the terms of § 399-93.
[Added 11-29-2018 by Ord. No. 05-2018]
A. 
The following regulations shall apply in the IR District to those uses permitted under the terms of § 399-56A:
(1) 
Minimum lot area:
(a) 
Gross: 1 1/2 acres.
(b) 
Net: 45,000 square feet.
[Amended 11-15-2000]
(2) 
Minimum lot width: 175 feet, measured at the building setback line.
(3) 
Minimum front yard: 50 feet.
(4) 
Minimum side and rear yards: 40 feet, except that an accessory use structure may be located within a side or rear yard in accordance-with § 399-75 of this chapter or, with respect to the sheltering of animals, in accordance with § 399-85D(2).
(5) 
Maximum impervious surface: Not more than 15% of the net area of any lot shall be covered by impervious surfaces.
[Amended 11-15-2000; 3-20-2002]
(6) 
Maximum height. Except as provided in § 399-73 of this chapter, no building or other structure shall exceed a height of three stories or 35 feet, whichever is less.
B. 
The following regulations shall apply in the IR District to any school use permitted as a conditional use under the terms of § 399-56B:
(1) 
Minimum gross tract area: 20 acres.
(2) 
Minimum building setbacks. Any building shall be set back not less than the distance indicated from the following:
(a) 
Arterial or collector street: 100 feet.
(b) 
Local or internal street: 50 feet.
[1] 
The Board of Supervisors may permit an internal street setback of less than 50 feet for an existing nonresidential building if adequate health, safety, and welfare concerns are addressed.
(c) 
Parking area: 20 feet.
(d) 
Dwelling units on adjacent tracts: 120 feet.
(3) 
Minimum width of landscaped buffer along all property lines: 25 feet.
(a) 
This requirement shall not apply where the school tract abuts permanently protected open space.
(4) 
Maximum floor area ratio: 40% of the gross area of the tract.
(5) 
Maximum building coverage: 15% of the gross area of the tract.
(6) 
Maximum impervious surface: 40% of the gross area of the tract.
[Amended 11-15-2000]
(7) 
Minimum vegetative cover: 50% of the gross area of the tract.
(8) 
Maximum height. Except as provided in § 399-73 of this chapter or in Subsection B(8)(a) below, no building or other structure shall exceed a height of three stories or 40 feet, whichever is less.
(a) 
When approved as a special exception, maximum height of a building may be extended to 45 feet. Among the criteria in such a case, the Zoning Hearing Board shall consider the functional and structural needs for the increased height and the potential impact of the incremental height on views of and across the property.
(9) 
Minimum distance between principal buildings on the tract: 40 feet.
C. 
The following regulations shall apply in the IR District to any clustered single-family residential development permitted as a conditional use under the terms of § 399-56B:
(1) 
Minimum gross tract area: 20 acres.
(2) 
Maximum density of development: 0.75 dwelling units per acre of net tract area, and consistent with the additional standards for tract area contained in § 399-58C(2) below.
[Amended 11-15-2000]
(3) 
Minimum net lot area: 10,000 square feet.
(4) 
Minimum lot width: 70 feet, measured at the building setback line.
(5) 
Minimum front yard: 30 feet.
(6) 
Minimum side yards: 30 feet aggregate, with neither less than 10 feet.
(7) 
Minimum rear yard: 25 feet.
(8) 
Maximum impervious surface: Not more than 45% of the net area of any lot may be covered by impervious surfaces.
[Amended 11-15-2000; 3-20-2002]
(9) 
Maximum building height. Except as provided in § 399-73 of this chapter, no building or other structure shall exceed a height of three stories or 35 feet, whichever is less.
(10) 
Minimum amount of common open space: 65% of the gross area of the tract.
A. 
The following design standards of this chapter shall be applicable to any use permitted under the terms of § 399-56A:
(1) 
Parking: as required by Article XV.
(2) 
Signs: as required by Article XVI.
(3) 
Lighting: as required by § 399-83.
(4) 
Erosion/sedimentation control and stormwater management, as required by Chapter 345, Stormwater Management.
[Amended 2-18-2015 by Ord. No. 01-2015]
(5) 
Access and traffic control: as required by § 399-81.
(6) 
Landscaping and site design: as required by § 399-78.
(7) 
Interior circulation: as required by § 399-82.
(8) 
Loading: as required by § 399-112.
B. 
Any school proposed as a conditional use under the terms of § 399-56B above shall be required to meet the following standards:
(1) 
The requirements of Subsection A above shall be applicable, except that the standard for the width of a perimeter buffer in § 399-57B(3) above shall supersede any such standard in § 399-79 of this chapter.
(2) 
The school shall be served by a community sewage facilities system, as defined by this chapter. The plans for such system shall be consistent with the East Brandywine Township Sewage Facilities (Act 537) Plan and shall demonstrate compliance with all applicable regulations of the Chester County Health Department and the Pennsylvania Department of Environmental Protection, and with the requirements of § 350-47 of Chapter 350, Subdivision and Land Development.
(3) 
The school shall be served by a public water supply system, as defined by this chapter. Plans for the system must demonstrate adequate supply for the proposed school use, and must comply with the requirements of § 350-48 of Chapter 350, Subdivision and Land Development.
(4) 
Within the tract, a separate pedestrian walkway system shall be required to provide for general pedestrian movement among buildings, parking areas and, as appropriate, recreation and open space areas. Such walkways shall be buffered from vehicular traffic through landscaping and/or berming.
(5) 
Where applicable, every effort should be made to retain existing natural vegetation or utilize existing site vegetation for screening purposes.
C. 
Any clustered single-family residential development proposed as a conditional use under the terms of § 399-56B shall be required to meet the following standards:
(1) 
The requirements of Subsection A above shall be applicable.
(2) 
Tract area.
(a) 
The "gross tract area" to be devoted to a clustered residential development may be comprised of more than one tract, and such tracts may be noncontiguous.
(b) 
For purposes of density calculation, the tract or combined tracts shall comply with the definition of "net tract area" in § 399-9.
(c) 
To satisfy the requirements of this article, the applicant must demonstrate to the satisfaction of the Board of Supervisors that the common open space portions of the proposed development, if not located entirely on the same tract as the proposed dwelling units, will have sufficient ease, of access and permanently restricted status to meet the long-term open space need of the prospective residents of the development.
(d) 
Where some or all of the required common open space is situated on and comprises less than the entirety of a second tract, that portion of the tract to be designated as common open space shall be clearly delineated, shall comply with all the standards and criteria for common open space specified in this article, and shall be subject to the terms of the conservation easement stipulated in Subsection C(5)(e). Only that portion of such a tract that is designated as common open space shall be eligible for the calculation of maximum density.
(e) 
Lands previously protected or restricted as open space through, for example, conservation easement or deed restriction, shall not be eligible to meet the open space requirements of this article.
(3) 
The development shall be served by a community sewage facilities system, as defined by this chapter. The plans for such system shall be consistent with the East Brandywine Township Sewage Facilities (Act 537) Plan and shall demonstrate compliance with all applicable regulation of the Chester County Health Department and the Pennsylvania Department of Environmental Protection, and with the requirements of § 350-47 of Chapter 350, Subdivision and Land Development.
(4) 
The development shall be served by a public water supply system, as defined by this chapter. Plans for the system must demonstrate, adequate supply for the proposed residential uses, open space requirements, etc., and must comply with the requirements of § 350-48 of Chapter 350, Subdivision and Land Development.
(5) 
The common open space portion of the proposed development shall comply with the following standards:
(a) 
The common open space shall be designed to maximize the conservation of site features identified in the site inventory and analysis submitted in accordance with the terms of § 399-59.
(b) 
[1]There shall be no impervious surfaces located within the common open space, except where deemed necessary in association with approved sewage facilities complying with Subsection C(5)(f)[5] or [6] or recreation uses, including trail surfaces.
[Amended 12-30-2004 by Ord. No. 04-20
[1]
Editor’s Note: Former Subsection C(5)(b), regarding common open space minimum area, was repealed 6-21-2018 by Ord. No. 01-2018. This ordinance also redesignated Subsection C(5)(c) through (l) as Subsection C(5)(b) through (k).
(c) 
Ownership of the common open space shall be by one or more of the following methods:
[1] 
Private ownership by an adjacent individual or institutional landowner;
[2] 
Common ownership by an association comprised of the owners of the lots within the clustered development, such association to be established and operated as stipulated by the terms of Subsection C(5)(i) of this article;
[Amended 3-20-2002]
[3] 
At the discretion of the Board of Supervisors, dedication to the Township or another public or nonprofit entity acceptable to the Board.
(d) 
All areas designated as common open space shall be subject to a conservation easement in accordance with the following:
[Amended 2-20-2008 by Ord. No. 01-2008
[1] 
Such easement shall restrict further subdivision or development of the open space and shall set forth the terms for use, conservation, and maintenance as established by the Board of Supervisors.
[2] 
Such easement shall be granted in favor of a qualified conservation organization or, at the Board's discretion, the Township. Where the easement is not held by the Township, the Township shall be granted the right to enforce the covenants, restrictions, and easement established by the conservation easement document, in addition to the rights of the easement holder.
[3] 
Such easement shall be recorded in the Office of the Recorder of Deeds of Chester County and noted on the final plan, as recorded.
[4] 
The terms of the easement shall include the right of the Township, at any point in the future, to plan, locate, and/or construct any use or facility permitted in Subsection C(5)(f) below, including but not limited to a trail or pathway corridor within and across the common open space. Where a trail is deemed necessary and desirable by the Township, it shall be for purposes of providing a connecting link within the broader East Brandywine trail system, and shall be located so as to enable connection to existing or proposed trail segments on adjoining properties. Any such trail shall be constructed in accordance with the standards for trails contained in Chapter 350. The design, location, and characteristics of the trail shall be determined in consultation with the holder of the conservation easement, where that party is not the Township, and with the owner of the common open space.
(e) 
Areas of common open space may be used for the following purposes, or combinations thereof:
[Amended 3-20-2002; 12-30-2004 by Ord. No. 04-20]
[1] 
Cultivation of nursery stock or orchard trees;
[2] 
Woodland, meadow, wetland, or similar conservation purpose;
[3] 
Park or outdoor recreation area;
[4] 
Trail or pathway corridors, the use of which shall be limited to pedestrian, equestrian, and nonmotorized bicycles;
[5] 
Subsurface drain field or replacement area for an individual on-site sewage system serving a dwelling within a development, when in compliance with the terms of Subsection C(5)(g) below; sewage-related mechanical facilities (grinder pumps, sand filters, etc.) and elevated sand mounds or other types of systems that change the grading of the natural ground surface, have components that project above the ground surface, and/or spray treated effluent on the ground surface, shall not be permitted within areas of common open space;
[6] 
Community subsurface land application wastewater systems, including drip distribution or other types of community systems acceptable to the Township, when consistent with the Township Sewage Facilities (Act 537) Plan and in compliance with the terms of Subsection C(5)(g), below; such systems may include sewage holding and settling ponds and associated monitoring wells and equipment. Sewage-related mechanical facilities (grinder pumps sand filters, etc.) and elevated sand mounds or other types of systems that change the grading of the natural ground surface, have components that project above the ground surface, and/or spray treated effluent on the ground surface shall not be permitted within areas of common open space; and
[7] 
Stormwater management facilities serving the development, when in compliance with the terms of Subsection Subsection C(5)(g), below.
(f) 
Sewage and stormwater management facilities.
[Amended 3-20-2002; 12-30-2004 by Ord. No. 04-20]
[1] 
Where an individual on-site sewage system subsurface drain field and/or replacement area is proposed to be located within the common open space, as provided in Subsection C(5)(f)[5], above, the minimum amount of common open space otherwise required by this section shall be increased by an amount not less than the area required to accommodate the drain field and/or replacement area. The actual size of such area shall be subject to review and approval by the Township Engineer and the Chester County Health Department.
[2] 
Where a community subsurface land application wastewater system is proposed to be located within the common open space, as provided in Subsection C(5)(f)[6], above, the minimum amount of common open space otherwise required by this section shall be increased by an amount not less than the area required to accommodate the community wastewater system. The actual size of such area shall be subject to review and approval by the Township Engineer, the Chester County Health Department, and/or the Pennsylvania Department of Environmental Protection. The Board of Supervisors, at its sole discretion, may permit some or all of the area required to accommodate the community wastewater system to be eligible for calculating the minimum required common open space area where the Board determines that such wastewater system will not interfere, in whole or in part, with the functions and purposes of the common open space, and will not make the affected open space unsuitable and ineligible for other open space uses provided in Subsection C(5)(f), above.
[3] 
Regarding the use of common open space areas for stormwater management purposes:
[a] 
The following may be included within, and may be calculated as part of, common open space areas, as specified in Subsection C(5)(f)[7], above; areas devoted to stormwater management techniques utilizing green technology best management practices, as defined by this chapter, including areas designed to achieve sustained or enhanced groundwater recharge, bioretention, and infiltration, but excluding detention or retention basins.
[b] 
The Board of Supervisors, at its sole discretion, may reduce or eliminate the eligibility of land used for such facilities to be included in the calculation of required minimum open space area where it determines that such facilities could cause the affected open space to be unsuitable and ineligible for other open space uses provided in Subsection C(5)(f), above.
[c] 
No such stormwater management facilities shall be located in any primary conservation area; no such facilities shall be located in any woodland unless specifically authorized by the Board of Supervisors.
[Added 3-4-2010 by Ord. No. 02-2010]
[4] 
Where necessary in relation to sewage facilities and/or stormwater management facilities located within common open space, easements shall be established to enable maintenance of such facilities by appropriate parties. Such easements shall be subject to review and approval by the Township Solicitor, and may be included within and calculated as part of the required common open space.
[5] 
Except where specifically approved by the Board of Supervisors, no area devoted to any individual or community sewage facilities or any stormwater management facilities or techniques may be included in any common open space area owned by East Brandywine Township or by any recreation authority of which the Township is a member.
(g) 
Any area of common open space shall be subject to an open space management plan, the terms of which shall be as follows:
[Amended 12-30-2004 by Ord. No. 04-20]
[1] 
As part of the preliminary subdivision plan for a residential cluster design development, the applicant shall submit a conceptual plan for the long-term management of the common open space that is to be created as part of the development. Such a plan shall include discussion of:
[a] 
The terms and conditions under which the common open space will be owned, consistent with the provisions of Subsection C(5)(d);
[b] 
The party or parties responsible for managing and maintaining the common open space, including the professional and personnel resources that will be necessary, consistent with the terms of this section;
[c] 
The conservation, land management, and agricultural techniques and practices which will be used to conserve and perpetually protect the open space, including:
[i] 
Conservation plans approved by the Chester County Conservation District, where applicable;
[ii] 
Designation and proposed use or uses of any portion of the common open space containing Class I, Class II, and/or Class III agricultural soils;
[iii] 
A woodland management plan showing the measures to be taken to protect and maintain woodlands that may exist within the common open space;
[iv] 
Specific plans for those portions of the open space deemed appropriate to undergo a process of natural succession, including documented consultation with a Township-designated or approved conservation organization or other party with native plant and landscape management expertise;
[v] 
A designated "mow-to line" on each lot abutting common open space, indicating where individual lot owners' maintenance ends and common open space management begins; and
[vi] 
Other vegetative types to be accommodated within the common open space, preferably to range from natural to and including mowed.
[d] 
The nature of public or private access that is planned for the common open space; and
[e] 
The source of money that will be available for such management, conservation, and maintenance on a perpetual basis.
[2] 
The conceptual management plan shall be transformed into a more detailed open space management plan and presented to the Township for review and approval as part of the final subdivision application. The Board of Supervisors may require that the detailed management plan be recorded with the final subdivision plan in the Office of the Recorder of Deeds of Chester County.
[3] 
Where the common open space is to be owned by a homeowners' association or through a condominium agreement, management and maintenance of the common open space shall be accomplished by either of the following methods:
[a] 
By a private conservation organization; or
[b] 
By an open space management entity deemed qualified by the Board of Supervisors, under the terms of a contract with the entity owning the common open space.
[4] 
In order to allow for the changing needs inherent in the perpetual management of land, the detailed management plan shall contain a provision allowing it to be changed upon written application to and approval by the Board of Supervisors, so long as the proposed change avoids the likelihood that the obligation for management and maintenance of the land will fall upon the Township without the consent of the Board. The party responsible for management of the open space shall discuss with the Board of Supervisors potential alternative uses and management terms for the open space. Unless the Board determines that alternative terms of use and management are preferred, such open space shall undergo a managed process of natural succession consistent with the terms of Subsection C(5)(h)[1][c]. The Board shall require that the responsible party submit a new open space management plan and shall consider the adequacy of such plan in its decision on the proposed change of use.
(h) 
Where any of the open space is to be owned in common among the lot owners, a homeowners' association shall be formed. Such homeowners' association shall be governed by the following regulations:
[Added 3-20-2002]
[1] 
The owner or applicant proposing to establish a homeowners' association shall provide to the Township a description of the organization, including its bylaws and documents governing maintenance requirements and use restrictions for the open space. The terms and conditions of such bylaws and documents shall be subject to the review and approval of the Township.
[2] 
The association shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) prior to the sale of any lots or dwelling units within the development.
[3] 
Membership in the association shall be mandatory for all purchasers of dwelling units within the development, and for their successors.
[4] 
Except where modified under terms of a lease, as authorized by Subsection C(5)(i)[9] below, the association shall be responsible for maintenance of and insurance on the common open space. Where the Township determines that the homeowners' association or other responsible party has failed to maintain the land in accordance with the management plan required by Subsection C(5)(i)[9], the Township shall have the right to assume maintenance responsibilities in the manner prescribed for planned residential developments in § 705(f) of the Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10705(f).
[5] 
[3]The members of the association shall share equitably the costs of maintaining, insuring, and managing the common open space, in accordance with procedures established for the association.
[3]
Editor’s Note: Former Subsection C(5)(i)[5], requiring allocation of a share of total assessment to each tax parcel in the development, was repealed 6-21-2018 by Ord. No. 01-2018. This ordinance also redesignated Subsection C(5)(i)[6] through [9] as Subsection C(5)(i)[5] through [8].
[6] 
In the event of any proposed transfer of the common open space by the homeowners' association, or the assumption of maintenance of the open space by the Township, notice of such action shall be given to all members of the homeowners' association by said association. Any proposed transfer of ownership of the common open space by the homeowners' association shall be subject to prior review and approval by the Board of Supervisors.
[7] 
The association shall have or hire adequate staff, as necessary, to manage and maintain the common open space.
[8] 
The homeowners' association may lease back some or all of the common open space lands to, or enter into a contract with, the developer, his/her heirs or assigns, the owner of the tract prior to its development, a tenant farmer, or any other person or corporation qualified to operate, manage, and maintain the open space or an identified portion thereof for the purposes set forth in this chapter. The lease or contract shall be subject to the approval of the Township, as shall any transfer or assignment of the lease or contract. A copy of the lease or contract, as approved and executed, shall be filed with the Township.
[Amended 6-21-2018 by Ord. No. 01-2018]
(i) 
In accordance with Chapter 350, Subdivision and Land Development, a portion of the common open space area may be designated and designed for active recreational use to serve the needs of the residents of the development and, as deemed appropriate by the Township and acceptable to the applicant, other residents of the Township. The proposed area must be deemed by the Township to be satisfactory in size, location, and characteristics to meet the need for recreational land and facilities. The standards for active recreation land and facilities, or a fee in lieu of such land and facilities, in § 350-50 of Chapter 350, Subdivision and Land Development, shall be applicable.
[Added 12-30-2004 by Ord. No. 04-20][4]
[4]
Editor's Note: Former Subsection C(5)(j), Private open spaces, added 12-30-2004 by Ord. No. 04-20, which immediately followed this subsection, was repealed 10-19-2005 by Ord. No. 4-2005.
(j) 
Open space dimensions and design standards.
[Added 12-30-2004 by Ord. No. 04-20]
[1] 
Except as otherwise prescribed in this subsection, the common open space on a tract shall, to the maximum extent feasible, consist of a contiguous, undivided portion or portions of the tract, with the number of separate, discrete pieces of open space minimized.
[2] 
With the exception of perimeter and interior buffer areas, as addressed in Subsection C(5)(k)[3] and [4], below, no individual segment of common open space shall have an area less than one acre or 10% of the gross tract area, whichever is less, nor a width less than 100 feet at any point, except that the minimum area may be reduced to not less than 15,000 square feet and/or the minimum width may be reduced to not less than 15 feet, where:
[a] 
The land is being used solely as a trail corridor between areas of open space and/or residential development, either on or adjacent to the tract; or
[b] 
The Board of Supervisors determines that, in specific locations, smaller and/or more narrow segments of open space better accommodate site design objectives and do not detract from the functional, recreational, and/or resource protection values of the overall open space area.
[3] 
The area of common open space shall include the following minimum buffer areas along the tract boundary:
[a] 
A buffer area located between any residential lot line and the right-of-way line of any street existing at the time of application shall be provided for the purpose of buffering views of the residentially developed portion of the tract from the road. Such buffer area shall be landscaped in accordance with the requirements of § 399-79 of this chapter, unless modified with the approval of the Board of Supervisors, to mitigate and soften visual impacts on the road corridor from new residential lots. Unless an alternative dimension is agreed to and approved by the Board, the width of this open space buffer shall be not less than 50 feet. The applicant may propose an alternative for the Board's consideration, if the applicant can demonstrate that buffering can be accomplished more effectively with a combination of open space, vegetation, dwelling unit setbacks, topography, and/or architectural treatments.
[b] 
A buffer area with a minimum width of 30 feet, located between any residential lot line and any immediately abutting side or rear tract boundary line, shall be provided. Such buffer area shall be landscaped in accordance with the requirements of § 399-79 of this chapter.
[c] 
The buffer areas provided in accordance with Subsection C(5)(k)[3][a] and [b], above, may be included in the calculation of minimum required common open space for the residential cluster design development, and the area may be used for trails or other passive recreation and for utility easements. No driveway shall cross or otherwise encroach upon this buffer area except to serve dwellings existing at the time of application or agricultural or other permitted uses of the common open space.
[4] 
In the design of the clustered residential portion of the site, the applicant is encouraged to use areas of common open space to create internal buffering and separation between groups of dwellings and within the overall street pattern. Common open space used for these purposes may include areas less than 100 feet in width and shall be eligible for inclusion in the calculation of the minimum required amount of common open space for the site, up to a maximum of 10% of the total amount of common open space on the tract. In designing the site, the applicant should, where feasible, utilize existing vegetation and topography, in addition to the common open space land, to achieve internal buffering. The site plan shall clearly indicate such areas of common open space, and shall demonstrate consistency with the design objectives in Subsection C(5)(k)[2][b].
(k) 
Except where common open space is used for agriculture, it shall be physically separated, through fencing, hedgerow, or other means acceptable to the Township, from any adjacent land that is used for agricultural purposes.
[Added 12-30-2004 by Ord. No. 04-20]
(6) 
The standards and criteria for common open space contained in this article shall supersede the standards in § 350-50 of Chapter 350, Subdivision and Land Development, except that the Board of Supervisors shall, at its discretion, retain the right to require a fee in lieu of open space where it determines that the common open space, as proposed, will not provide adequate recreation opportunities for the residents of the cluster development. The basis for calculation of such a fee shall be as stipulated in § 350-50 of Chapter 350, Subdivision and Land Development.
D. 
Any tract in the IR District shall be developed under a single master development plan which shall include all lands to be considered for development, whether immediate or future.
E. 
Where a tract is to be developed in stages in compliance with a master development plan, such development shall be executed in accordance with a development agreement. The owner, developer, and Township shall be parties to the agreement, which shall embody all details regarding compliance with this article to assure their binding nature on the overall tract and its development. The development agreement shall be recorded with the approved final subdivision or land development plan.
A. 
Any application for conditional use approval under § 399-56B shall be evaluated and decided upon by the Board of Supervisors in relation to the requirement of this article and the standards and procedures set forth in § 399-137.
B. 
In reviewing any application for conditional use under the terms of § 399-56B, the Board of Supervisors shall determine its compliance with the specific area and bulk regulations and site design and development standards of this article. In addition, the Board shall examine the application in relation to the following factors:
(1) 
Coordination of development with adjacent tracts, uses, and facilities. The applicant shall show evidence of efforts to coordinate with existing and proposed uses on adjacent tracts, and the results of those efforts, toward the objective of giving the IR District the appearance of a unified development. The Board may seek such evidence with regard to any or all of the following, as it deems appropriate:
(a) 
Property boundary compatibility.
(b) 
Potential for shared facilities, e.g., parking, sewage treatment and disposal water supply.
(c) 
Internal circulation and highway access.
(d) 
Stormwater management and groundwater protection.
(e) 
Landscaping, buffering, and retention of existing vegetation.
(f) 
Design, use, and protection of open space and recreation resources.
(g) 
Lighting facilities.
(2) 
Traffic impact. The applicant shall demonstrate proposed steps to prevent traffic congestion and hazards that could result from development of the tract as proposed. The applicant shall submit a traffic impact study, prepared in accordance with the following minimum guidelines:
(a) 
Traffic impact on all roadways and intersections within a study area covering a half-mile radius of the site;
(b) 
Traffic volumes for average daily traffic at peak highway hour(s) and peak development-generated hours for all roadways in the study area;
(c) 
Documentation of the source(s) of trip generation rates used; and
(d) 
Documentation of any on-site or off-site improvements proposed by the applicant to mitigate any projected adverse impacts.
(3) 
Natural features analysis and mitigation of potential impacts. The applicant shall submit an inventory and analysis of the site's natural features in accordance with the terms of § 350-24D of Chapter 350, Subdivision and Land Development. The Board of Supervisors may, at its discretion and upon the request of the applicant, modify or waive certain requirements of that section. At minimum, however, the site plan must demonstrate its compatibility with and responsiveness to the natural features inventory.
[Amended 8-20-2003 by Ord. No. 03-04]
C. 
It is strongly suggested that any applicant for conditional use approval meet with the Township Planning Commission prior to submission of a formal application and present an informal sketch plan showing the proposed use and the means by which the proposal will meet the standards of this article.
D. 
The content of any application for conditional use approval shall be as prescribed in § 399-137B.
E. 
Upon written request from the applicant, and if the Planning Commission and Board of Supervisors have previously reviewed a sketch plan of the proposed development, the Board may authorize simultaneous consideration of a preliminary subdivision or land development plan with the application for conditional use approval.