These provisions are designed to:
A. Provide for a more varied, innovative, and efficient development pattern.
B. Guide new development in a manner compatible with existing uses, architecture, landscapes and community character.
C. Provide for the preservation of open space as a result of opportunities for flexibility in lot designs and building arrangement not afforded by conventional lot-by-lot development, allowing for buildings and other improvements to be sited as a direct response to site conditions, with the locations of lot lines reflecting land management decisions.
D. Provide an effective means for identifying, organizing and maintaining open space.
E. Provide for necessary active and passive recreation areas to complement existing open space and recreational uses.
F. Preserve natural environmental resources and maintain ecological stability by:
1. Encouraging the preservation of flood plains and thus supplement Flood Plain Conservation District regulations;
2. Limiting development on Class I, Class II and Class III steep slopes;
3. Minimizing disturbances of existing topography;
4. Protecting the quality of existing watercourses, ponds, lakes, wetlands and other waterbodies;
5. Encouraging the preservation of groundwater resources through the provisions of open space areas for groundwater recharge;
6. Conserving woodland and forest areas.
7. Protecting farming as a viable occupation.
G. Encourage the preservation of existing and potential agricultural land through the identification and use of open space lands which are suited for agricultural production, particularly prime agricultural land.
H. Preserve historic and cultural resources by:
1. Promoting the preservation of significant historical and cultural sites and structures as open space;
2. Protecting the character of historic and cultural sites and structures by encouraging the designation of surrounding land as open space;
3. Protecting scenic vistas from encroachment by development.
I. Aid in the implementation of the Solebury Township Comprehensive Plan and the attainment of the goals and objectives contained therein.1
A. The provisions of this Article are applicable whenever any Open Space Option is utilized in the RA, RB, or RD Districts, and wherever open space is established in accordance with the provisions of the RD-C District as applicable.
A. Applicants under any open space option are strongly encouraged to submit a sketch plan to the Solebury Township Planning Commission and to discuss community development and open space resource conservation objectives with the Planning Commission prior to formal application for conditional use approval. Applicants are advised to design conceptual plan(s) in a manner which demonstrates conformance to the purpose statements of this Ordinance to the greatest degree practicable.
B. Application for conditional use approval for any open space option shall include a narrative report, maps and plans of sufficient detail to demonstrate compliance with this Article, Section 2112, and the Solebury Township Subdivision and Land Development Ordinance. The Board of Supervisors, in its sole discretion, may agree to accept consolidated applications for conditional uses when requested by an applicant.
C. In granting conditional use approval to development plans in accordance with this Article, the Board of Supervisors may waive applicability of any provisions of the Subdivision and Land Development Ordinance which may be in conflict with the purposes of this Article in the context of any specific application. If the provisions of this Article are inconsistent with other provisions of this Ordinance, the provisions of this Article shall control.
The following uses and no others may be permitted:
A. Permitted Residential Uses
1. Single-family detached dwellings may be provided where any open space option is utilized.
2. Single-family attached and/or multi-family dwellings may be provided where either the Flexible Open Space Option or the Bonus Open Space Option is utilized.
3. In the RD-C District, residential uses may be provided as stipulated in Section 707A.
B. Permitted Open Space Uses:
1. Passive recreational uses.
2. Conservation uses to preserve woodland and forest areas, lakes, ponds, streams and related landscape features.
3. Agricultural uses.
4. Planted areas used for required buffer areas and buffer planting strips and noise control.
5. Buildings to be used for recreation or conservation purposes presently existing in areas to be designated as open space.
6. Buildings to be used for permitted open space uses, provided that such buildings shall not exceed a total square footage of one thousand (1,000) square feet.
7. The following uses shall be permitted where approved by the Board of Supervisors as a condition of Conditional Use approval:
a. Active recreational uses.
b. Individual buildings to be used for permitted open space uses in excess of one thousand (1,000) square feet.
c. Proposed sewage systems approved by the Bucks County Health Department and the Pennsylvania Department of Environmental Resources subject to Section 2004 provided they are no more than one hundred (100) feet from the lot which they serve.
C. Municipal Use.
D. Permitted Accessory Uses:
1. Uses customarily incidental to permitted uses.
2. Home Occupation or Home Professional Office, where approved by the Board of Supervisors as a conditional use.
3. Signs which are customarily incidental to permitted principal uses, and in accordance with Article 17.4
A.Required Open Space
A.minimum percentage of the tract area shall be designated as and devoted to open space, in accordance with the following schedule and subject to all criteria for required open space herein:
1. In the RA District:
a. Under the Standard Open Space Option forty percent (40%);
b. Under the Flexible Open Space Option - fifty percent (50%);
c.Under the Bonus Open Space Option - sixty percent (60%), subject to compliance with the criteria of Subsection 2008.B., below.
2. In the RB District:
a. Under the Standard Open Space Option fifty percent (50%);
b. Under the Flexible Open Space Option - sixty-five percent (65%);
3. In the RD District under the Flexible Open Space Option - forty percent (40%).
4. In the RD-C District, the provisions of Article 7A shall apply.
5. Where a tract of land falls into more than one zoning district, the open space requirement for the entire tract shall be calculated as the sum of that required in each district separately, without regard to ultimate geographic location of open space parcels relative to each zoning district.
B. Designated open space shall be owned and maintained in accordance with the provisions of Section 2011.
C. Within the development area, the Applicant shall demonstrate that the sewage -disposal systems and water supply systems can operate and function in a safe and efficient manner and will support the number of lots or units proposed. In so doing, the Applicant shall indicate how such systems will operate and be maintained to serve the needs of the residents of the development area and safeguard adjoining properties and residents.
D. No final plan shall be signed and recorded until all required permits for sewage disposal systems and water supply systems have been obtained by the Applicant.
Where conditional use approval is required, the proposed development must conform to all standards and criteria for Conditional Uses in Article 21, Section 2112, and all other articles, sections, ordinances and regulations referred to herein. If in the opinion of the Board of Supervisors, the proposed development does not conform to such standards and criteria, or to the requirements of this Article, the application for the approval of the conditional use shall be denied.
When computing the number of lots or dwelling units permitted where the Open Space Option is utilized, the following shall apply:
A.The maximum number of lots which may be permitted as a Conditional Use shall not exceed the hypothetical total which is computed by multiplying the net acreage of the lot by the appropriate multiplier stipulated below, after first excluding existing and proposed street, trail and utility rights-of-way and/or easements, and excluding fifty percent (50%) of any lands comprised of one or more of the following: flood plain, Class i, Class II and Class III steep slopes, wetlands, waters of Commonwealth and waters of United States.
1. In the RA District:
a. Under the Standard Open Space Option - 0.8;
b. Under the Flexible Open Space Option - 1.0;
c. Under the Bonus Open Space Option - 1.2.
2. In the RB District:
a. Under the Standard Open Space Option - 0.45;
b. Under the Flexible Open Space Option - 0.6;
3. In the RD District:
a. Under the Flexible Open Space Option - 1.6;
4. Where a tract of land falls into more than one zoning district, the gross, density of development permitted on the entire tract shall be calculated as the sum of the density calculations made for each district separately. Ultimate placement of dwelling units may reflect a uniform plan for the entire tract without regard to zoning district boundaries within the tract.
B. The actual number of lots or dwelling units which may be permitted will be governed principally by the following:
1. The computation described in Section 2005.A. above;
2. The minimum open space requirement set forth in Section 2004.A.;
3. The open space provisions of Sections 2009 and 2010, below;
4. The use regulations set forth in Section 2003 above, and the other performance standards set forth in Section 2010, below;
5. The ability of the Applicant to demonstrate that proposed sewage disposal system(s) are viable, in accordance with all applicable regulations.
C.Any number which is derived from the calculation performed in accordance with Section 2005.A. above shall be rounded to a lower whole number whenever the product is not a whole number.
A. In the RD-C District, the area and bulk requirements set forth in Article 7A shall apply.
B. When the Standard Open Space Option is exercised and where individual on-site sewer and water service shall be provided, the area and bulk regulations for single-family detached dwellings, except as specified in Article 19 relative to setbacks, may be reduced as follows:
1. Minimum Lot Area -20,000 square feet, provided, however, Flood Plain Conservation District areas as determined under Article 14, Steep Slope Conservation District areas as determined under Article 15, and wetlands as defined in Section 201 shall not comprise more than fifty percent (50%) of the required minimum lot area.
2. Minimum Lot Width at Building Line - 100 feet.
4. Minimum Depth of Front Yard - 50 feet.
5. Minimum Depth of Rear Yard - 40 feet.
6. Minimum Width of Each Individual Side Yard - 20 feet.
7. Maximum Impervious Surface Coverage on any lot at determined under Subsection 2006.D, below.
C. When the Standard Open Space Option is exercised and where community sewer and water service is provided, the area and bulk regulations for single-family detached dwellings, except as specified in Article 19 relative to setbacks, may be reduced as follows:
1. Minimum Lot Area - 10,000 square feet, provided however, Flood Plain Conservation District areas as determined under Article 14, Steep Slope Conservation District areas as determined under Article 15, and wetlands as defined in Section 201 shall not comprise more than fifty percent (50%) of the required minimum lot area.
2. Minimum Lot Width at Building Line - 100 feet.
4. Minimum Depth of Front Yard - 40 feet.
5. Minimum Depth.of Rear Yard - 30 feet.
6. Minimum Width of Each Individual Side Yard - 15 feet.
7. Maximum Impervious Surface Coverage on any lot as determined under Subsection 2006.D, below.
D. When either the Flexible Open Space Option or the Bonus Open Space Option is exercised in accordance with conditional use approval, single-family attached and multi-family dwellings may be provided, in addition to single-family detached dwellings. For all permitted dwelling types, the following area and bulk regulations, except as specified in Article 19 relative to setbacks, shall apply:
1. Single-family detached dwelling units with community sewer and water systems shall meet the following standards:
a. Minimum lot width at building line - 75 feet.
c. Maximum impervious surface coverage thirty-five percent (35%).
d. Maximum building coverage - fifteen percent (15%) or 2,000 square feet, whichever is greater.
e. Minimum depth of front yard - 25 feet.
f. Minimum depth of rear yard - 35 feet.
g. Minimum side yard (individual) - 8 feet.
h. Minimum side yard (aggregate) - 20 feet.
2. Single-family attached or semi-detached dwelling units shall meet the following standards:
a. Maximum building coverage - forty-five percent (45%) or 1,500 square feet, whichever is greater.
b. Minimum depth of front yard - 20 feet.
c. Minimum depth of rear yard - 20 feet.
d. The length of any row of dwellings shall not exceed six (6) dwelling units in any direction.
e. No principal building shall be closer than 35 feet from any other principal building.
f. No building shall be closer than 35 feet from the street line.
3. Minimum separation between buildings, except accessory buildings, at any point shall be not less than 20 feet, except that minimum separation shall not be less than 50 feet measured perpendicularly from the rear wall of any residential structure to any point on any other building not accessory to such residential structure.
4. Minimum separation between accessory buildings and the principal structures to which they are accessory at any point shall not be less than that prescribed by applicable provisions of the BOCA Code.
5. Minimum setback from the edge of cartway (or outside edge of curb, if applicable), of any street shall be not less than 25 feet.
6. All proposed dwelling units in a development utilizing either the Flexible or Bonus Open Space Option shall be situated so that they are set back a minimum of 50 feet from the pre-development perimeter boundary of the tract. Existing dwellings and dwellings resulting from the conversion of existing structures shall be exempt from this requirement.
7. Maximum length of any residential building, including rows of attached townhouses or other multi-family buildings, shall not exceed 160 feet. Residential buildings other than Single-Family Detached shall comply with the architectural design provisions of Section 2007.A.
8. Maximum depth of any section of any residential building shall not exceed 75 feet.
9. Maximum Impervious Surface Coverage on any lot as determined under Subsection 2006.D, below.
E. Maximum impervious coverage.
Under any open space option, maximum impervious coverage limitations shall be established for each building lot and open space parcel in accordance with the following schedule:
1. Lots or parcels less than 20,000 square feet in area: forty-five (45%);
2. Lots or parcels greater than or equal to 20,000 square feet and less than one acre in area: thirty-five percent (35%);
3. Lots or parcels greater than or equal to one acre and less than five acres in area: twenty-five percent (25%);
4. Lots or parcels greater than or equal to five acres and less than twenty acres in area: fifteen percent (15%);
5. Lots or parcels greater than or equal to twenty acres and less than fifty acres in area: ten percent (10%);
6. Lots or parcels greater than fifty acres in area: five percent (5%).
For purposes of determining maximum permitted impervious coverage in open space areas, contiguous open space parcels shall be considered as one parcel (i.e., three contiguous 25-acre open space parcels will not each be permitted ten percent (10%) coverage, but will be considered as one single 75 acre parcel and will be permitted five percent (5%) coverage maximum).
