Chapter 172. ZONING Article XXD. Cluster Development Community Option

Chapter 172. ZONING Article XXD. Cluster Development Community Option [Added 2-26-2007 by Ord. No. 2007-03] 172-100.26. Purpose; objectives. A. It is the purpose of this article to encourage greater flexibility in the design and development of residential housing, while also encouraging the preservation of open space and creation of passive and active recreational amenities, by permitting the cluster development of residential housing as an alternative to conventional, single-family lot development. Among the specific objectives of this article are the following: (1) To encourage innovations in residential development so that the demand for housing may be met by greater variety in type, design and layout of dwellings and by the conservation of open space. (2) To provide increased flexibility in the land development regulations of the Township in order to encourage development that recognizes advances in the theory and practice of site planning and in design and green technology in the building industry. (3) To conserve land and preserve open space by eliminating the necessity for large lots. (4) To encourage the preservation, use and the permanent protection of open space in new residential developments. (5) To encourage the use of ingenuity, imagination and sustainable design to produce residential developments which are in keeping with the overall land use objectives of the Township's Comprehensive Plan. (6) To provide for the cluster development option in areas that are consistent with the goals of the Township's Comprehensive Plan, in particular Chapter Three, Growth Management PlanLand Use Plan, of the Comprehensive Plan, and compatible with and protective of the existing character of the community, especially its natural features. (7) To provide an alternative to conventional, single-family lot development that allows a creative combination of active and/or passive recreational areas, a greater design flexibility and efficiency in the location of services and infrastructure and the use of land for the greater preservation of existing open space, vistas, scenic roads, stream valleys, agricultural land, trees, natural topography and other natural and man-made resources and amenities. (7)(8) To decrease or minimize nonpoint source pollution impacts by reducing the amount of impervious surfaces in site development; (8)(9) To implement stormwater infiltration measures that will return water to the soil in excess of NPDES requirements by at least 2% where site and soil conditions allow, based upon soils testing and where suitable percolation rates exist. (9)(10) To provide for on-site facilities and services which allow the residents of a cluster development community to minimize the necessity for automobile trips in their daily lives by encouraging on-site movement by foot, bicycle or low-powered vehicles, such as golf carts. (10)(11) To provide facilities, residential design and land plans that encourage cohesiveness and interaction among residents of a cluster development community

. B. This article is also intended to implement Section 604, Zoning Purposes, of the Pennsylvania Municipalities Planning Code Editor's Note: See 53 P.S. 10604. (MPC) insofar as this article is designed to promote, protect and facilitate coordinated and practical community development and proper density of population; the preservation of the natural, scenic and historic values in the environment and preservation of forests, wetlands, aquifers and floodplains; and to provide for the use of land within the municipality for residential housing of various dwelling types, encompassing all basic forms of housing, including single-family and two-family dwellings and a reasonable range of multifamily dwellings in various arrangements. This article is further intended to implement Section 605, Classifications, of the MPC Editor's Note: See 53 P.S. 10605. insofar as this article is designed to encourage innovation and the promotion of flexibility, economy and ingenuity in development and for the purpose of authorizing increases in the permissible density of population or intensity of a particular use based upon expressed standards and criteria as set forth in this article. 172-100.27. Definitions. The following terms shall have the meanings specified below when used in this article: AFFORDABLE HOUSING A dwelling permissible under this section which has a: a. Sales listing price price Means either a sales price that is within the means of a moderate-income household or a rental amount for housing that is within the means of a low-income household, as those terms are defined in this section. In the case of dwelling units for sale, housing that is affordable housing is housing for which the yearlythe costs of the principal and interest payments for a purchase money mortgage (with a 5% down payment at an interest rate of prime plus???) real estate, taxes, property insurance, flood insurance, private mortgage insurance and any homeowners association or condominium fees, fees are no more than thirty (30) percent of the adjusted income for a Moderate Income Household as defined by t his Sectionhousehold whose gross annual income is at or below eighty (80) percent of the median for the area based on household sizeor b. A monthly rental price. In the case of rental housing, housing that is affordable is housing for which the monthly rental amount plusincluding anticipated utility costs (based on?????) that does do not exceed thirty (30) percent of the adjusted income for a Low Income Household as defined by this sectionhousehold whose gross income is fifty (50) percent of the area median household income adjusted for household size. We need to determine what the area entails- census, southeastern PA? CLUSTER DEVELOPMENT COMMUNITY A form of residential development that allows higher overall densities than permitted under the by-right zoning provisions by concentrating buildings or lots on a portion or portions of a tract of land to allow the remaining land to be used for open space, recreation, stormwater management and stormwater infiltration areas and preservation of environmentally sensitive features. The concentration of lots is facilitated by a reduction in lot size, and the permissible use of attached and semiattached residential dwelling units and the reduction of lot yard setbacks. CLUSTER TRACT AREA The area of land included within the title lines of a lot, excluding: A. Seventy-five percent of any land lying within the Flood Conservation District or located in wetlands; B. Areas of existing rights-of-way for streets, public or private utilities and areas of existing easements, including but not limited to storm drainage easements, sewage easements and easements of access; and

C. Fifty percent of the land containing very steep slopes and 25% of the land containing steep slopes. LOW-INCOME HOUSEHOLD Is one whose gross annual income does not exceed fifty (50) percent of the area median as adjusted for household size. MODERATE-INCOME HOUSEHOLD Is one whose gross annual income is less than eight (80) percent of the area median as adjusted for household size. OPEN SPACE A parcel, or parcels or designated area of land or an area of water (including but not limited to stormwater management facilities), or a combination of land and water (including but not limited to stormwater management facilities), within a cluster development community site that has been or will be designated, dedicated, reserved, or restricted in perpetuity from further development, except as permitted under this article, and is either dedicated to the Township or set aside and intended for the exclusive or nonexclusive use or enjoyment by residents of the developmendevelopment subject to the regulations of this Sectiont. The term "open space" means both private open space and public open space and shall include the buffer area. PRIVATE OPEN SPACE Open space that is held in private ownership and reserved for private use of the residents of the Cluster Development.. PUBLIC OPEN SPACE Open space that is dedicated to the Township for use by the public subject to the regulations of this section..

172-100.28. Eligibility criteria. A tract of land may be developed under the cluster development community option so long as the tract complies with the following eligibility requirements: A. The tract is located in an R-1 Residentialce Zoning District. B. The cluster tract area is at least 5040 10acres. 172-100.29. Permitted uses; site and lot standards. It is the intention of this section to allow the placement of dwellings in the cluster development community in such a way as to promote use of the land and maintain the natural features while providing an attractive, efficient living arrangement for residents. The regulations set forth in this article for cluster development communities shall supersede the regulations set forth in 172-29 for the R-1 Residence District. A. Permitted uses. The following uses or any combination of such uses shall be permitted as of right in a cluster development community: (1) Single-family detached or semidetached dwellings. (2) Townhouse or carriage home, not to exceed five attached units. (3) Uses accessory to a cluster development community, including the following: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) Outdoor parking areas and private dwelling garages, including residential garages or parking areas located at grade or subsurface levels of the residential dwelling to which they are accessory. Recreational or club facilities, community buildings and dining facilities for the exclusive use of the residents of the community and their guests. Swimming pools, tennis courts, putting greens and other similar active recreational uses for the exclusive use of the residents of the community and their guests. Play fields, ball fields, walking, biking and horse riding tails and picnic areas for use of the residents of the community and their guests. Greenhouses, community gardens, patios and terraces, nature preserves, arboretums, and other similar passive recreational areas for use of the residents of the community and their guests. Stables, provided that at least 1/2 acre of grazing area or paddock is provided per horse. Barns. Maintenance and storage facilities for the cluster development community. Management and administrative offices for the cluster development community. Community or homeowners' association offices for the cluster development community. Caretakers' residences for the cluster development community. Gatehouses, guard houses, card entry gates and other similar security-related structures and mechanical devices. Any other uses that are similar to those set forth in this subsection and that are customarily incidental to and related to a cluster development community, subject to the approval of the Board of Supervisors.

B. Lot area. To allow maximum creativity and flexibility in the layout and design of residential units in the development, there shall be no minimum yard requirements applicable to dwelling lots, and the following minimum lot areas shall apply, calculated in compliance with the definition of "lot area" set forth in 172-2: (1) Single-family detached dwelling: 65,000 square feet. (2) Single-family semidetached dwelling: 3,500 square feet. (3) Townhouse or carriage home: 2,500 square feet per townhouse or row house. (3) We are thinking of removing the minimum lot size to encourage creativity and options in development- as noted in Chester County s Cluster Subdivision Design Guide- another option is to specify minimum separation distances between proposed dwellings rather than requiring minimum lot size. This approach provides maximum flexibil8ity for subdivision design layout. Pg 168. C. Height regulations. Excluding chimneys, spires, towers or similar projections not used for human habitation, the height of any building shall not exceed 35 feet (except for any recreational or club building, which shall not exceed 455 feet), measured from the median elevation of the perimeter of the building at grade to the midpoint of the roof of the building, and shall not exceed three floors, except that garage and parking areas located at grade or subsurface level shall not be considered a floor. D. Buffer area. The tract shall contain a buffer area, the depth of which shall be at least 250 feet from all arterial roadways, freeways and expressways and 100 feet from all other perimeter property lines of the tract, including but not limited to residential and collector roadways and residential property lines (the "buffer area"), provided that the Board of Supervisors may, in its discretion, allow the buffer area to be reduced to no less than 125 feet from arterial roadways, freeways and expressways where topographic and vegetative conditions exist or are proposed, both natural and man-made, that create a visual buffer within the one-hundred-twenty-five-foot buffer area. The buffer area shall be planted with trees, shrubbery or ground cover, provided that internal access roads, sidewalks, pathways, gates, security devices, guard houses, gatehouses, fences, lighting, utility equipment and facilities (excluding surface stormwater management facilities), and signage that serve the cluster development community may be located within the buffer area. E. Open space. A minimum of 50% of the cluster tract area will be preserved as open space. F. Dwelling density. The number of allowable dwelling units in a cluster development community shall be calculated based upon the number of permissible dwellings amount of open space for the entire tract, as followshouses that could be built by right under the regulations of the underlying zoning district by right development option plus an additional 10% for utilizing the Cluster Development Option. An additional 10% density can be added by providing either affordable housing OR open space land that is for Township public use. : Percentage of Open Space of Cluster Tract Area Permitted Cluster Density 50.00% to 54.99% 1.00 units per acre of cluster tract area 55.00% to 59.99% 1.10 units per acre of cluster tract area 60.00% and greater 1.17 units per acre of cluster tract area For example, a 10 acre parcel in the R3 zoning distirct Underlying zoning lot size= 12,000sqft, = 3.63 homes/acre; 10acres= 36.3 homes CDO= 36.3*10%= 3.63 bonus (36.3+3.63=39.93 houses) Affordable housing/public open space= additional 3.63 houses = (39.93+3.63=43.56 houses) G. Design Standards Manual. All subdivision and land development applications for a cluster development community shall include a Design Standards Manual containing a conceptual plan for the cluster development community; architectural guidelines governing issues of building massing, building type

adjacencies, architectural character or theme and building placements on individual lots within the cluster development community; and design standards for the improvements (as defined in Chapter 148, Subdivision and Land Development, 148-9, of the Code of the Township of Newtown), including but not limited to design standards for street and roadway improvements, sidewalks and lighting (the "Design Standards Manual"). The Design Standards Manual shall be subject to the approval of the Board of Supervisors. In the case of a conflict between the provisions of the Design Standards Manual and other provisions of the Code of the Township of Newtown, the provisions of the Design Standards Manual, as approved by the Board of Supervisors, shall govern. H. Separation distance. There shall be a minimum separation distance of 15 feet between the buildings, including accessory buildings, and a minimum distance of 20 feet between buildings and streets. I. Buildings and structures are adequately grouped such that, to the greatest degree practicable, common open space shall be designated as a single block and not divided into unconnected small parcels located in various parts of the development J. Local access streets shall be configured using a design speed of 25mph. Traffic calming techniques shall include T intersections, traffic islands, circles, loops or crescents, and roundabouts. K. The site plan establishes, where applicable, an upland buffer of vegetation of at least 50ft in depth adjacent to wetlands and surface water, including creeks, steams, springs, lakes and ponds. L. The site plan accommodates and preserves and features of historic, cultural or archaeological value; H.M. Existing scenic views or vistas are permitted to remain unobstructed, especially from public streets.

172-100.30. Open space standards and criteria. A. Open space shall be designed to make use of the natural physical characteristics of the tract and to place open space within convenient access and view of dwelling units while preserving and enhancing natural features. B. Lakes, streams, floodplains, wetlands, steep slopes, very steep slopes, woodlands, other related natural features and stormwater management facilities may be incorporated into the required minimum open space. Notwithstanding the foregoing, of the total proposed open space, at least 4050% shall not be wetlands, floodplains, very steep slopes and stormwater management facilities (excluding underground storm sewer systems and appurtenances). C. Open space shall not include any area of a proposed dwelling lot. D. Public or private open space shall be provided as a part of every cluster development community, with proposed public open space being subject to acceptance by the Board of Supervisors solely in its discretion. The open space required by this Section is a separate requirement to allow the Cluster Development Option and is a separate additional requirement from the Recreational Land Requirements set forth in 148-41. However, public open space accepted by the Board of Supervisors shall be deemed recreational lands and the value of said lands shall count towards any recreational land requirements of Section 148-41 et seq.. Private open space shall not be deemed recreational lands and shall not count towards the recreational land requirements of Section 148-41. A cluster development community that is in compliance with the provisions of this subsection shall be exempt from the provisions set forth in 148-41, Recreational land requirements, of Chapter 148, Subdivision and Land Development, of the Code of the Township of Newtown. E. Areas set aside for private open space may contain buildings and structures related to the recreational uses of the private open space, access roads, sidewalks, pathways, parking areas, including access improvements from interior and adjacent streets to accommodate pedestrian, bicycle, maintenance and vehicle traffic, and utility easements and related structures and facilities (including but not limited to sanitary sewage facilities) serving the cluster development community and/or adjacent properties. Notwithstanding the foregoing, not more than 10% of the total proposed private open space shall be occupied by buildings and structures, and not more than 20% of the total proposed private open space shall be covered by impervious surfaces and buildings. F. Public open space shall be acceptable to the Township in size, shape and location. Public open space shall be used for mulch storage, and active recreation and/or passive recreation only. No buildings or structures shall be constructed on public open space, provided that access roads, sidewalks, pathways, parking areas, including access improvements from adjacent streets to accommodate pedestrian, bicycle, maintenance and vehicle traffic, utility easements and related structures and facilities (including but not limited to sanitary sewage facilities) and open-air pavilions shall be permitted, provided that utility easements and related structures and facilities (including but not limited to sanitary sewage facilities) and stormwater management facilities serving the cluster development community shall not be located within the public open space. The Township shall not dispose of public open space by sale or otherwise. A note shall be placed on the recorded plan stating the restrictions contained in this section, and easements and/or deed restrictions memorializing such restrictions shall be recorded simultaneously with or as a part of the deed of dedication for the public open space. G. Open space shall be landscaped either by retaining existing natural cover and wooded areas and/or by adding enhancement plantings in accordance with an approved landscaping plan consistent with the criteria set forth in Chapter 104, Natural Features and Landscaping. H. Open space shall be subject to such agreements and deed restrictions, duly recorded in the office of the Recorder of Deeds in Delaware County, as are reasonably required for the purpose of preserving the open space for such use. 172-100.31. Maintenance of open space.

A. All applications for the cluster development community option shall describe the plan for private open space and public open space.

B. The Board of Supervisors shall require the applicant to provide for and establish a homeowners' association, or other similar organization or group of dwelling unit or lot owners holding undivided interest in the private open space, for the maintenance of the private open space, organized under or similar to that required by the Uniform Planned Community Act, Editor's Note: See 68 Pa.C.S.A. 5101 et seq. and agree that such homeowners' association or other similar organization shall be prohibited from disposingnot dispose of the private open space by sale or otherwise (except to a similar homeowners' association or organization conceived and established to own and maintain the open space). The governing documents of such homeowner's association or similar organization shall be submitted to the Township for review and approval from the standpoint of its capacity to raise revenue, meet obligations and properly maintain facilities prior to the receipt of final land development approval for a cluster development community. The organization shall also be required to enter into a Open Space Maintenance Agreement with the Township which may be recorded in the Recorder of Deeds. C. In the event that the private open space is, in the reasonable judgment of the Township, permitted to deteriorate or not be maintained in reasonable condition in accordance with the approved plan, the Township may take whatever actions are available by law to require compliance with the approved plan. A note shall be placed on the recorded plan stating this right held by the Township. D. In addition to any other remedies afforded by law, the Township shall have the right, which shall be made part of the land development agreement with the applicant, upon reasonable notice to interested parties, to enter upon the private open space and maintain the same for a period not to exceed one year. The purpose of such action by the Township shall be to preserve the value of the private open space within the development and to prevent the private open space from becoming a public nuisance. The cost of such maintenance by the Township shall be assessed against the dwelling units and/or lots within the development which have a right of enjoyment of the private open space and shall become a lien upon said units and/or lots upon filing thereof as required by law. 172-100.32. Application review; effect of other provisions; modifications. All applications for the proposed cluster development community option shall be subject to review and approval by the Board of Supervisors of Newtown Township through the subdivision and land development procedures set forth in Chapter 148, Subdivision and Land Development. Compliance with all other provisions of this Chapter 172, Zoning, Chapter 148, Subdivision and Land Development, and all other land use regulations adopted by the Township, including Chapter 91, Flood Damage Prevention, Editor's Note: Former Ch. 91, Flood Damage Prevention, adopted 8-11-1980 by Ord. No. 1980-12, as amended, was repealed 9-9-2002 by Ord. No. 2002-5. See now Art. XXB, Flood Hazard District, of this chapter. Chapter 104, Natural Features and Landscaping, Chapter 134, Slope Conservation, and Chapter 138, Soil Erosion and Sediment Control, shall be required, except where such provisions are modified by this article. In the case of a conflict between the provisions of this article and other provisions of the Code of the Township of Newtown, the provisions of this article shall govern. Where literal compliance with the criteria and standards specified in those land use regulations adopted by the Township over which the Board of Supervisors is vested with jurisdiction is clearly impractical, the Board may modify or adjust the standards and criteria to permit reasonable utilization of the tract on which the cluster development community is proposed in the interest of securing substantial compliance with the objectives of this article.