The legislative intent in authorizing and permitting the cluster design of residential uses as a conditional use is to foster the protection of critical natural resources such as streams, floodplains, wet soils, designated wetlands, steep slopes, woodlands and wild-life habitat areas and to conserve open space areas within residential subdivisions, to promote ground water recharge as well as, to permit and promote commonly owned open space areas for passive recreational use or active recreational use by the residents of such subdivisions. It is intended hereby to permit cluster design residential uses subdivisions so that paved areas may also be reduced, resulting in less stormwater runoff. It is also intended hereby to discourage the development of; construction in and the disturbance of steep slopes. It is intended, by authorizing cluster design residential uses to minimize the potential adverse effect and environmental impact of land development on the Township as a whole as well as on neighboring property owners in particular, by encouraging the use of site planning which will limit the visual impact of development f'rom the vantage point of surrounding- properties and nearby public roads, and to minimize the adverse effect on adjacent subdivisions and properties devoted to agricultural use. It is the intent hereby to encourage energy conservation in each new development.
(Ord. 2-1976, 2/3/1976; as added by Ord. 1-1989, 8/7/1989, §1; as amended by Ord. 2-1992, 5/18/1992, §2)
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 dwelling.
B. Accessory use on the same lot with and customarily incidental to the single-family dwelling. The term "accessory use" shall not include a business or any private operation that would normally be conducted as a business use, nor the housing of farm animals, and may include the following accessory uses:
(1) Private parking or garaging of residential use vehicles.
(2) Private home swimming pool.
(3) One accessory building used for household storage not to exceed a maximum of 120 square feet in area nor 10 feet in height.
(4) No use shall be permitted which is in violation of the prohibitive uses and performance standards as set forth in Article 21 of this Chapter.
(Ord. 2-1976, 2/3/1976; as added by Ord. 1-1989, 8/7/1989, §4; as amended by Ord. 2-1992, 5/4/1992, §2)
The applicant for approval of the residential cluster design conditional use shall submit a plan which shall include only those areas designated on the zoning map as those situated in the R-1 residential district and the R-2 residential district. The residential cluster design use is permitted as a conditional use when the following conditions are met:
A. The gross area of the tract to be developed shall be no less than 15 contiguous acres in either the R-1 or R-2 zoning districts. [Ord. 3-1999]
B. The design shall meet and comply with all the standards set fort in §1109 herein and shall set forth and differentiate all of the floodplains, woodlands, wetlands and steep slopes and shall demonstrate the extent to which these areas are protected from denigration and how the intent of this Article is advanced.
(Ord. 2-1976, 2/3/1976; as added by Ord. 1-1989, 8/7/1989, §5; as amended Ord. 2-1992, 5/4/1992, §2; and by Ord. 3-1999, 5/19/1999, §113)
All plans submitted for residential cluster use shall meet the following standards:
A. The maximum number of dwelling units permitted shall be determined by the net developable area of the site and the amount of proposed common open space. In no case shall maximum density exceed that which would otherwise be allowed in the appropriate zoning district.
B. The cluster use plan shall specify the minimum setback areas and acreage to be used in accordance with the regulations set forth herein.
C. A minimum of 25% of the tract is required to be reserved in the common open space. All common open space proposed shall be set forth on the plan. The plan shall delineate the critical natural resources and the proposed location of the residential cluster use including public improvements and common improvements describing how the use will promote the protection of the site within the intent of this Chapter.
D. The application shall delineate the proposed method of sewage disposal and if the site is to be used for onsite sewage disposal, the particular location of the system and alternative systems and the feasibility for each such use. In all instances, efforts shall be made to develop a public community disposal system and public water supply.
E. The applicants shall demonstrate the feasibility of safe and appropriate ingress and egress to the site within the intent of this Chapter.
F. Area and Bulk Regulations. The following residential use area and bulk regulations shall be applicable to cluster design residential use. The development of the plan must at all times take into consideration the location of residential uses in any residential area adjoining the proposed cluster and shall design the cluster so as to protect the existing character of the adjoining residential areas.
(1) Each single-family dwelling unit shall be constructed on a minimum lot area of 11,250 square feet.
(2) Dwelling units shall be constructed at a minimum setback of 30 feet from the street line upon which the unit fronts. Each dwelling unit shall have a total aggregate side yard of no less than 25 feet with a minimum side yard of 10 feet and a minimum rear yard of 4() feet. Each lot shall have a minimum width at the building setback line of 50 feet. No lot shall have less than 30 feet road frontage unless allowed by the Board of Supervisors.
(3) For each dwelling unit, two paved off-street parking spaces shall be provided behind the front building line.
(4) Each street proposed to be developed shall be constructed to the following minimum standards: Each collector street shall have a right-of-way of 50 feet and a paved cartway of 32 feet. Each cul-de-sac shall have a minimum paved radius of 40 feet and a dedicated radius of 50 feet.
(5) A landscaped buffer zone of at least 30 feet in width shall be maintained between clusters of multi-family dwellings, which zone shall contain at least one two inch caliper tree in a design of one tree for each 2,000 square feet of buffer zone in order to create a visual barrier. The requirement set forth in this Section for the landscaped buffer strip of 30 feet in width may be reduced by 25% upon application to the Township Supervisors. Such reduction shall be at the discretion of the Board of Supervisors if the reduction would fairly serve to promote the legislative intention of this Chapter. Peripheral buffering may be required at the discretion of the Board of Supervisors.
(6) No construction shall take place within 25 feet of any area delineated as wetlands or floodplain by any governmental agency.
(7) No more than 30% of each lot may be occupied by buildings or other impervious cover except that any area devoted to swimming pool construction exclusive of the surrounding paved area shall not be included.
(8) One accessory building may be placed behind a residence at a minimum distance of 15 feet from the sideline of each property and at least 10 feet from the rear line of each property. No accessory building or structure shall exceed 120 square feet in floor area.
(9) One private home swimming pool may be placed behind a residence at a minimum of 15 feet from the sideline of each property and at least 10 feet from the rear line of each property.
(10) All other standards as established for the applicable residential districts by this Chapter and the Thornbury Township Subdivision and Land Development Ordinance [Chapter 22] shall, when not in conflict herewith or waived by the Board of Supervisors, continue to apply.
(Ord. 2-1976, 2/3/1976; as added by Ord. 1-1989, 8/7/1989, §6; as amended by Ord. 2-1992, 5/4/1992, §2; by 07-d. 5-1998, 7/1/1998, §1; and by Ord. 3-1999, 5/19/1999, §114)
In addition to the aforesaid, the residential cluster design shall meet the following standards for open space:
A. The open space shall consist of areas of such size and dimension as to be suitable for the use and enjoyment of residents of the proposed development. The space shall be accessible by all residents and shall be of a suitable character for recreation and conservation. A minimum of 10% of the total tract which is free of the defined floodplains, wetlands, steep slopes (steep slopes for the purpose of this conditional use ordinance shall be slopes with a gradient of 20% or greater over a total vertical height of 6 feet) and rights-of-way of roadways shall be included as part of the open space area.
B. The area shall contain no structure other than structures specifically relating to recreational use and historic buildings and structures. Open space may contain sewage disposal systems and stormwater management facilities when approved by the appropriate authorities.
C. The open space shall be arranged to preserve the environmentally sensitive characteristics of the site and to provide direct or easy access and view from all dwelling units.
D. The open space shall, where possible, serve as a buffer and transition area between land used and along tract boundaries. An easement of access of at least 30 feet wide shall be provided into the area of the buffer.
E. The open space shall be preserved in perpetuity by (i) the acceptance of dedication of land or any interest therein for public use, at the discretion of the Supervisors of Thornbury Township or (ii) by the establishment of an organization for ownership and maintenance of the open space, the conditions of which are such that the organization shall not be dissolved nor shall it dispose of the open space by sale or otherwise. An irrevocable offer of dedication to Thornbury Township shall be granted by owners.
F. Where open space is designated as a separate noncontiguous parcel, such parcel shall consist of an area of at least one acre and shall have such dimensions as to be useful common space.
(Ord. 2-1976, 2/3/1976; as added by Ord. 1-1989, 8/7/1989, §7; as amended by Ord. 2- 1992, 5/4/1992, §2; and by Ord. 5-1998, 7/1/1998, §1)
Open space shall be held under any one or more of the following forms upon receiving approval of the Board of Supervisors of Thornbury Township: [Ord. 5-1998]
A. Homeowners Association. The applicant may provide for the establishment of an organization for the ownership and maintenance of the common property and improvements. The organization shall consist of all of the property owners within the cluster development, each receiving an equal vote and responsibility. Such an organization shall not be dissolved nor shall it dispose of the common property and improvements unless transferred to a type of ownership permitted hereunder.
B. Condominium. The open space as authorized herein may be controlled through the use of a condominium agreement. Such agreements shall be conformance with applicable State statutes. In such instance, all open space and improvements shall be held as a "common element." [Ord. 3-1999]
C. Dedication of Easements. The Township of Thornbury may at any time accept easements for the public use of any portion or portions of the open space. Such land shall be thereby accessible to the residents of the Township. In the event of a dedication of an easement, the Township shall enter into a maintenance agreement with the owners of the open space. [Ord. 5-1998]
D. Transfer of Easements to Private Conservation Organization. Easements on open space may be transferred to a private, nonprofit organization involved in the conservation of natural resources upon approval by the Township of Thorn- bury. The conveyance of an easement shall contain appropriate provisions for the reservation to the Township at any time the property is not used pursuant to the intentions of this Chapter. Prior to the transfer of an easement a maintenance agreement shall be entered into between the Township, the organization holding ownership and the proposed conservation organization. [Ord. 5-1998]
E. Fee Simple Dedication. Nothing herein is intended to prevent the dedication of all or part of the open space to the Township of Thornbury for the use and maintenance by the Township for open space. [Ord. 5-1998]
(Ord. 2-1976, 2/3/1976; as added by Ord. 1-1989, 8/7/1989, §8; as amended by Ord. 2- 1992, 5/4/1992, §2; by Ord. 5-1998, 7/1/1998, §1; and by Ord. 3-1999, 5/19/1999, §116)
1. In the event an organization, a homeowner's organization or a condominium organization undertakes the responsibility of maintaining the open space and improvements and fails to maintain the same in reasonable order and conditions in accordance with the development plan, the Township may serve written notice upon the organization and residents in the development setting- forth the manner in which the organization has failed to properly maintain the common areas.
2. Notice shall demand that the deficiencies of maintaining be corrected within 30 days, and shall establish the date and place of a hearing to be held on the delinquency. Such a hearing shall take place within 14 days of the notice. At such hearing, the term of the original notice as to deficiencies may be modified and an extension of time within which said deficiencies shall be corrected may be granted. Should the deficiencies set forth in the original notice or in any subsequent modifications fail to be corrected within the established 30 days, the Township, in order to preserve the taxable values of the affected properties may enter the open space and improvements and maintain them for a period of one year or as required and allowed by law. Such efforts shall not constitute a taking of the property nor vest in the public any right to use the same. The cost of maintenance by the Township shall be assessed ratably against the properties within the development that have a right of enjoyment. Such assessments shall become a lien on the said properties and shall be perfected by filing in the Office of Judicial Support of Delaware County.
(Ord. 2-1976, 2/3/1976; as added by Ord. 1-1989, 8/7/1989; as amended by Ord. 2-1992, 5/4/1992, §2; and by Ord. 5-1998, 7/1/1998, §1)
The formation of a homeowners association shall be governed according to the following regulations:
A. The applicant shall provide a description of the organization including its by-laws and methods for maintaining open space and improvements. [07-d. 5-1998]
B. The organization shall be established by the applicant and operated with financial subsidization by the applicant prior to the sale of any lots within the development.
C. Membership in the organization is mandatory for all purchasers of homes and their successors.
D. Controlling interest shall not be conveyed from the applicant to the homeowners association prior to completion and sale of at least 60% of the total number of units.
E. The organization shall be responsible for meeting insurance and tax obligations on the open space and improvements. [Ord. 5-1998]
F. Rights and duties of the Township and members of the association in the event of a breach of the covenants and restrictions shall be defined at the time of the granting of the conditional use.
G. The by-laws shall include a statement which grants to the Township such power, but not the duty, to maintain the open space and common facilities, and to assess the cost of the same as provided within the Pennsylvania Municipalities Planning Code, 53 P.S. §10101 et seq. [Ord. 5-1998]
H. A provision for leasing open space back to the original developer, individual, or corporation for the maintenance of open space provided residents have access at all times, and provided the lease is approved by the association and the Board of Supervisors.
(Ord. 2-1976, 2/3/1976; as added by Ord. 1-1989, 8/7/1989; as amended by Ord. 2-1992, 5/4/1992, §2; and by Ord. 5-1998, 7/1/1998, §1)
1. Upon consideration of the legislative intent of this Article, the Board of Supervisors may grant such waivers or attach such conditions to the granting of the conditional use as it deems necessary to further the intent and purpose of this Article.
2. An application for conditional use shall be submitted to the Board of Supervisors of Thornbury Township. A hearing pursuant to public notice shall be conducted within 60 days of the application. The decision granting or denying the conditional use shall be issued in writing to the applicant within 45 days of the close of the public hearing. Should the use be granted conditioned upon requirements of the Township Supervisors, the applicant shall have 20 days in which to resubmit in conformity for an acceptance of the conditions imposed by the Township. Should the applicant decline resubmission, the right of appeal according to law shall run from the end of the said 20 days during which resubmission is permitted. [Ord. 3-1999]
(Ord. 2-1976, 2/3/1976; as added by Ord. 1-1989, 8/7/1989; as amended by Ord. 2-1992, 5/4/1992, §2; and amended by Ord. 3-1999, 5/19/1999, §120)
1. The legislative intent in authorizing and permitting the residential cluster design as a conditional use is to permit increased density of residential uses when the developer can demonstrate that public water and public sewage disposal will be available for all residential uses proposed and to permit and promote commonly owned open space areas for passive recreational use or active recreational use by the residents of such subdivision. It is intended hereby to permit cluster design residential uses in subdivisions so that impervious areas may also be reduced. [Ord. 2-2002]
2. The conditional use is to encourage site planning which will preserve natural tree lines and avoid the unnecessary destruction of trees as well as to create effective and efficient designs which will tend to preserve steep slopes from unnecessary erosion; and also avoid wetland and stream encroachment. [Ord. 2-2002]
(Ord. 2-1976, 2/3/1976; as added by Ord. 9-1995, 8/7/1995, §2; as amended by Ord. 22002, 3/6/2002, §1)
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 dwelling.
B. Accessory use on the same lot with and customarily incidental to the single-family dwelling. The term accessory use shall not include a business or any private operation that would normally be conducted as a business use nor the housing of farm animals and may include the following accessory uses:
(1) Private parking or garaging of residential use vehicles.
(2) Private home swimming pool.
(3) One accessory building used for household storage not to exceed a maximum of 120 square feet in area nor 10 feet in height.
(4) No use shall be permitted which is in violation of the prohibitive uses and performance standards as set forth in Article 21 of this Chapter.
(Ord. 2-1976, 2/3/1976; as added by Ord. 9-1995, 8/7/1995, §2)
The applicant for approval of the residential cluster design shall submit a plan, which plan shall include only those areas designated on the Zoning Map as though situated in the R-1 Residential District and/or the R-2 Residential District and/or the Commercial District. The residential cluster design is permitted as a conditional use when the following conditions are met: [Ord. 2-2004]
A. The gross area of the tract to be developed shall be no less than 15 contiguous acres and wherein at least 20% of the proposed site to be developed contains environmentally sensitive areas as defined herein. [Ord. 8-1996]
B. The design shall meet and comply with all the standards set forth in § 1204 except as provided in paragraph .C below.
C. When the open space to be provided is shown to be 55% or more of the gross area of the tract and such open space is to be dedicated to the common benefit of the residents, the Board of Supervisors may approve a subdivision layout other than that which is required by §27-1204.A and .F(5).
D. In order to better illustrate the benefits of the submitted cluster plan, a "by-right" sketch plan shall be included as an exhibit for comparison. [Ord. 2-2002]
(Ord. 2-1976, 2/3/1976; as added by Ord. 9-1995, 8/7/1995, §2; as amended by Ord. 8- 1996, 12/12/1996, §2; by Ord. 2-2002, 3/6/2002, §2; and by Ord. 2-2004, 4/21/2004, §3)
All plans submitted for residential cluster design shall meet the following standards:
A. The maximum number of dwelling units in each cluster shall be no more than 15 units. A cluster is defined as a collection of dwelling units on a road, which road shall be designed to provide access to and from the residential units.
B. The cluster use plan shall specify the minimum setback areas and the road where the cluster is proposed shall be designed and located according to the standards as set forth in paragraph .E herein.
C. The minimum open space shall be no less than 40% of the gross area of the tract. [Ord. 5-1998]
D. The application shall certify the proposed use of public water and public sewer for sewage disposal. Public water shall mean a water company providing water in the area such as Philadelphia Suburban Water Company or Chester Water Authority. The public sewer company providing sewage disposal shall be an area sewer company used by the general public such as that which is provided by a municipal authority or a municipal sewage disposal company and any existing sewage disposal company as of the enactment of this Chapter.
E. The applicants shall demonstrate the feasibility of safe and appropriate ingress and egress to the subject site within the intent of this Chapter.
F. The following residential use area and bulk regulations shall be applicable. The development of the plan shall at all times take into consideration the location of residential uses in any residential area adjoining the proposed cluster and shall design the cluster so as to protect the existing character of the adjoining residential areas.
(1) The gross tract density (i.e., the maximum number of dwelling unit(s)) shall be no more than one unit for each 0.75 acres of gross tract area.
(2) Dwelling units shall be constructed at a minimum of 25 feet from the street line upon which the unit fronts. Each dwelling unit shall have a total aggregate side yard of no less that 30 feet with a minimum side yard of 5 feet and a minimum rear yard of 25 feet. Lot frontage at front building line shall not be less than 75 feet. All dwelling units adjacent to or fronting on an existing Township street or State road shall be set back from the said street the minimum number of feet as the setback required in the existing zoning district. No lot lines shall be located within 25 feet of any area delineated as wetlands or floodplain by any governmental agency. [Ord. 2-2002]
(3) Each street upon which the clusters of dwellings front shall have a minimum paved cartway of 27 feet and a minimum right-of-way of 50 feet. In the event a cul-de-sac street is designed, the cul-de-sac shall have a minimum paved radius of 40 feet and a dedicated radius of 50 feet.
(4) For each dwelling unit, two off-street parking spaces shall be provided, one of which shall be located behind the front building line.
(5) A landscaped area shall be designed and submitted for each conditional use to be maintained between clusters. The landscaping plan shall contain a minimum of 2 inches caliper trees in a design of one tree for each 4,000 square feet unless the nature of the existing terrain or the terrain when developed would require a lesser standard. The landscaped area between the clusters shall be no less than 100 feet in width and shall not include any lot areas. [Ord. 2-2002]
(6) No more than 25% of each lot shall be occupied by buildings or other impervious surface, swimming pools included. When the applicant provides a buffer area along any perimeter boundary of the tract (or portion thereof) of at least 50 feet in depth, each new lot adjacent to that buffer shall be entitled to a maximum impervious coverage of 35%. For all lots that are not adjacent to this buffer, an additional 5% of each lot may be occupied by buildings or other impervious surface, upon application by the subsequent lot owner to the Code Enforcement Department for cause shown. [Ord. 2-2002]
(7) No accessory structure shall be permitted in the front setback area and accessory structures shall be permitted in the rear setback area at least 10 feet from the rear line and in the side setback area at least 10 feet from the side property line.
(8) All other design standards, as established in the applicable residential districts of this Chapter and Subdivision Ordinance [Chapter 22] shall continue to apply, including the provisions requiring subdivision and land development approval.
G. All or some of the environmentally sensitive areas, as defined herein, shall be preserved and reserved in open space with a total of no less than 40% of the tract reserved in open space. All open space proposed shall be set forth on the plan. The plan shall delineate the critical natural resources and the proposed location of the residential cluster use including public improvements describing how the use will promote the protection of the site within the intent of this Article. [Ord. 5-1998]
(Ord. 2-1976, 2/3/1976; as added by Ord. 9-1995, 8/7/1995, §2; as amended by Ord. 8-1996, 12/12/1996, §3; by Ord. 5-1998, 7/1/1998, §1; and by Ord. 2-2002, 3/6/2002, §3)
