ORDINANCE NO. 124
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 50, AS AMENDED, REPLACING THE
EXISTING ARTICLE VX, OPEN SPACE DESIGN OPTIONS.
The Board of Supervisors of Kennett Township hereby enacts and ordains that the
Zoning Ordinance of Kennett Township, Ordinance No. 50, as amended, be amended
further as follows:
SECTION 1:
Amend Article XV, to delete the present Article XV in its’ entirety to be
replaced with the following Article XV Open Space Design Options:
SECTION 1500 PURPOSE
A. This article is intended to
promote the following community resource and planning objectives:
1. To preserve unique and sensitive
natural features, including water bodies, floodplains, wetlands, wet soil
conditions, steep slope areas, ridge lines, rock outcroppings, and woodland
areas of the Township;
2. To protect scenic vistas
from encroachment by development;
3. To retain and protect
open space areas within residential development;
4. To minimize potential adverse
impacts resulting from the location of new residential
development adjacent to non-residential uses;
5. To provide a means to attain the
aims and objectives of the Comprehensive Plan relative to orderly growth and the
enhancement of environmental resources.
B. This article is intended to
provide for attainment of the foregoing objectives through the
following community development objectives:
1.
To provide an opportunity for flexibility in lot design and dwelling
types not afforded by
conventional lot-by-lot development;
2.
To provide for a more varied, innovative and efficient development
pattern.
SECTION 1501 QUALIFYING CONDITIONS
A. The open space design option shall be permitted in the R1,R-2, R3, R-4 and
Specialized Agricultural Districts where applicant obtains alternative design
option approval from the Board of Supervisors in accordance with Section 1508
and when all conditions, standards and criteria of this Article are met.
B. The Township may retain such
consultants as necessary to review and certify the accuracy of all
plans and other documentation submitted in accordance with this Article,
reasonable and necessary charges therefor to be borne by the Applicant.
C. A minimum of five (5) lots or
dwelling units shall be proposed in order to qualify for the use of the open
space design option.
D. Applicant is strongly encouraged
to submit a Sketch Plan to the Kennett Township Planning Commission and to
discuss community development and
open space resource conservation objectives with the Planning Commission prior
to formal plan submission.
E. Applicant shall demonstrate to
the satisfaction of the Township that adequate water supply can be provided for
the intended residential and open space uses and for fire emergency purposes.
F. Applicant shall demonstrate to
the satisfaction of the Township that adequate sewage treatment
and disposal facilities can be provided, consistent with the Kennett
Township Sewage Facilities (Act 537) Plan, and further subject to demonstration
of compliance with all applicable regulations of the Chester County Health
Department and/or the Pennsylvania Department of Environmental Protection.
Individual sewage disposal systems may be located in common or restricted
open space outside the bounds of the lots which they serve, subject to
determination by the Township that adequate provision is made for the long-term
management and maintenance of such systems by the owners of the lots which they
serve.
G. The proposed development will be generally consistent with the
H. The tract of land to be
developed shall be in one ownership or, if in multiple ownership, shall be
developed according to a single plan with common authority and responsibility,
such common authority and responsibility to be documented in a manner acceptable
to the Township.
SECTION 1502 USE REGULATIONS
Development in accordance with the open space design option may include any of
the following uses:
1.
Single-family residences
2.
Two-family residences
3.
Multiple family residences
4.
Open space uses as set forth in Section 1504.D.2 of this Article.
SECTION 1503 AREA AND BULK REGULATIONS
A.
Restricted Open Space.
1. The minimum
restricted open space shall not be less than the percentage of gross tract
area stipulated for the applicable zoning district as follows:
District
Minimum Restricted Open Space
R-1
sixty-five (65) percent
R-2
fifty-five (55)
percent
R-3
fifty
(50) percent
R-4
forty
(40) percent
Specialized Agricultural
fifty
(50) percent
2. Where a single contiguous
tract of land falls into more than one zoning district, the minimum restricted
open space requirement shall be met separately in each zoning district as
stipulated above.
B. Maximum Density of
Development.
1.
Establishment of Net Tract Area.
For purposes of establishing the maximum permissible number of lots or dwelling
units on any tract where the Open Space Design Option is utilized, the Net Tract
Area shall include all areas within the titled lines of a tract, excluding the
following:
a. Any existing or proposed area
that has been set side as a permanent right-of-way or easement
for a public or private street, or for above-ground or underground
utilities other than for local service;
b. An area equivalent to
fifty (50) percent of any area comprised of one or more of
the following areas and excluding any area already excluded by
subparagraph a above:
(1) Any area within the Flood Hazard District;
(2) Any area comprising wetlands under the jurisdiction of the U.S. Army
Corps of Engineers and/or the Pennsylvania Department of
Environmental Protection; the Township reserves the right to retain a
qualified consultant to ascertain the extent of jurisdictional wetlands,
reasonable and necessary charges therefor to be borne by the applicant;
(3) Any area of steep slope exceeding 25 percent, where the ratio of the change
in elevation over the horizontal distance as measured between consecutive
two-foot contour intervals exceeds 25/100.
2. Calculation of Maximum
Density
The maximum permissible number of lots or dwelling units on any tract utilizing
the open space design option shall be calculated by multiplying the Net Tract
Area in acres, established as above, by the multiplier stipulated below,
rounding to the nearest whole number:
District
Density Multiplier
R-1
0.33
R-2
0.50
R-3
0.67
R-4, where on-site sewer and/or water services are provided
0.9
R-4, where public sewer and water services are provided
2.0
R-4, where multiple family dwellings are to be developed
3.0
and where public sewer and water services are provided
Specialized Agricultural
0.67
3. Bonus
Density for Open Space Conservation.
In order to promote conservation of open space resources, the base density
multiplier(s) established above may be increased as follows, where open space is
provided meeting the criteria established in
subsections a-d, below:
M=B+[B*(1.5*Y)]
M is the adjusted density multiplier including any applicable bonus for open
space conservation.
B is the base density multiplier established for the applicable district
in Section 1503.B.1.
Y is the amount of eligible open space, measured as a percentage of gross tract
area (i.e., if 20% of the gross tract area is open space meeting the criteria in
subsections a-d below, then y=20% or 0.20).
a. In order
to be eligible for calculation of bonus density, open space must comprise open
space area(s) fully in addition to the minimum required restricted open space
area, established in accordance with Section 1503.A, above; and
b. Open
space eligible for calculation of bonus density must comprise areas
mapped as Visually Significant Landscapes or woodlands on the Kennett
Township Visual Resources Map, said map hereby incorporated into this ordinance
for the purposes of this Article; and
c. Open
space eligible for calculation of bonus density must meet all criteria for
restricted open space stipulated in this Article; and
d.
Conservation of open space areas used toward calculation of bonus density must
be guaranteed through establishment of restrictions and management criteria
satisfactory to the Township.
Sample Bonus Density Calculation:
As an example, a tract of land in the R-2 District would be offered a base
density multiplier of 0.5 (B=0.5). The Applicant would be required to provide
55% minimum restricted open space.
If he could designate 65% of the gross tract area as open space, the 10%
increment would make him eligible for bonus density if he could demonstrate that
an area or areas of open space equal to 10% of the gross tract area met the
eligibility criteria set forth in subsections a-d above (Y=10% or 0.10).
Thus:
M=B+[B*(1.5*Y)] or M=0.5+[0.5*(1.5*0.10)] or M=0.575.
If, for example, this were an 85-acre tract of land with a Net Tract Area of 70
acres, it would be permitted up to 35 dwelling units under the base multiplier
of 0.5, but could now achieve up to 40 dwelling units with the adjusted
multiplier set at 0.575, a density bonus of five units.
4. Where a
single contiguous tract of land falls into more than one residential zoning
district, the gross density of development permitted, including any bonus
density, shall be calculated separately for each zoning district.
Where Applicant demonstrates to the satisfaction of the Board of
Supervisors that a development more fully in compliance with the objectives of
this Article shall result, the gross density of development on the entire tract
may be calculated as the sum of the density calculations made for each district
separately. In such cases, ultimate
placement of dwelling units may reflect a uniform plan for the entire tract
without regard to zoning district boundaries within the tract.
In all cases, bonus density, if any, shall be calculated separately in
each zoning district, based upon the amount of eligible open space in each
district.
.
5.
Applicant is advised
that the maximum number of units calculated under the provisions herein may not
always be achievable while meeting requirements for minimum restricted open
space and all other standards, criteria, and regulations herein.
C. Residential Area & Bulk
Regulations. The following area and
bulk regulations shall apply to all principal and accessory residential
structures and to any structures containing any permitted open space use(s) on
any tract developed pursuant to this Article.
For any structure containing any other permitted use, the applicable area
and bulk requirements of the underlying zoning district shall apply.
1.
Minimum separation shall not
be less than 50 feet between any rear wall of any residential structure and any
point on any other building.
Minimum separation between any principal and/or accessory structures, at any
other point, shall not be less that 40 feet.
Where Applicant demonstrates to the satisfaction of the Board of
Supervisors that adequate fire protection shall be provided, this minimum
separation may be reduced from 40 to 20 feet.
2.
Minimum setback from the edge of cartway (or outside edge of curb, if
applicable) of any street shall be not less than 25 feet, except as provided in
Section 1504.A.2 below.
3.
Maximum Impervious Coverage.
a. For apartment dwellings,
condominiums, and any other dwelling units not provided with individual lots,
maximum impervious coverage shall be limited to forty (40) percent of the gross
land area devoted to such dwellings. The gross land area used to satisfy this
limitation shall be indicated on submitted plans, shall constitute a single
contiguous land area including buildings, parking, access, and yard areas
clearly associated with and in the immediate vicinity of the subject residential
development, and shall not include any land area that is counted toward meeting
minimum restricted open space requirements nor any coverage nor yard area
requirements for any other dwelling unit(s) or other permitted uses(s).
b. For all dwelling units provided
with individual lots and any lots or parcels
devoted to open space or any other permitted use, maximum impervious
coverage limitations shall be established in accordance with the following
schedule:
(1) Lots or parcels less
than 7,000 square feet in area: 50%
(2) Lots or parcels greater than or
equal to 7,000 square feet and less than
12,000 square feet in area:
40%
(3) Lots or parcels greater than or
equal to 12,000 square feet and less than 20,000 square feet in area:
30%
(4) Lots or parcels greater than or
equal to 20,000 square feet and less than one acre in area:
20%
(5) Lots or parcels greater than or
equal to one acre and less than ten acres in area: 15%
(6) Lots or
parcels greater than ten acres in area:
10%
4.
Maximum building height shall not exceed 35 feet.
5.
Maximum building length, measured along any continuous facade in the same
linear
direction, shall not exceed 150 feet.
6. No
individual group or cluster of residential structures shall comprise more than
eight residential structures nor more than twenty-four individual dwelling
units; each group or cluster of residential structures shall be separated from
any other group or cluster by a minimum of 250 feet, measured between any
principal residential structures.
This provision may be waived or altered by the Board of Supervisors where
Applicant has demonstrated to the satisfaction of the Board that variation from
these standards results in a pattern of development more fully in compliance
with the objectives of this Article.
7.
No residential lot shall be created
under these provisions where the Board of
Supervisors is not satisfied that a principal residential structure may
be developed in compliance with the criteria in Sections 1503.C.1 through
1503.C.5 above. The Board may
require Applicant to indicate on plan drawings a maximum building envelope for
each potential dwelling unit in order to demonstrate feasible compliance with
these criteria.
SECTION 1504 CONSERVATION AND
DEVELOPMENT DESIGN STANDARDS
A. General Development Standards.
1.
All applicable standards provided in Articles XIII and XIV of this Ordinance
shall apply to any development utilizing the open space design option.
2.
In order to protect the interests of existing neighboring property owners, all
proposed dwelling units in a development utilizing the open space design option
shall be situated so as to maintain a minimum setback from any pre-development
perimeter boundary of the tract, in accordance with the following:
District
Minimum Setback from Tract Boundary
R-1
75 feet
R-2
75 feet
R-3
50 feet
R-4
50 feet, except 75 feet where multiple family dwellings are
Developed
Specialized Agricultural
50 feet
3.
Placement of buildings and design of internal circulation systems shall minimize
adverse impact to existing Township roads.
4. At its sole
discretion the Board of Supervisors may require Applicant to provide
architectural renderings generally illustrating the intended exterior design,
including principal exterior materials, of any structures to be built on lands
developed in accordance with this Article.
Such drawings shall effectively present an overall architectural theme
which is internally consistent and compatible with surrounding properties and
community resource protection objectives.
The Board may further require, as a condition of approval, establishment
of specific architectural design guidelines and/or a formal design review
process, or other appropriate means to guarantee adherence to the intended
architectural theme presented by the Applicant.
B. Special
Provisions for Conservation of Historic Resources.
1. Historic
resources and their historic landscape context shall be preserved through
incorporation into development plans and design to the greatest degree
practicable, including historic structures, ruins or archaeological sites,
historic road or other transport traces, paths and trails, and any other
historic landscape features.
2.
Density Bonus for
Historic Resource Conservation.
a. In addition to the maximum
permissible number of lots or dwelling units otherwise permitted on any tract
developed under the Open Space Design Option, where approved by the Board of
Supervisors as a Conditional Use in accordance with Section 1325, Applicant may
provide dwelling units and lots therefor through the renovation or adaptive
reuse of eligible historic structures, as defined in Subsection b below, subject
to compliance with the standards in Subsection 3 below.
For example, an historic farmhouse might be converted into one or more
dwelling units, while an historic barn might be adapted for apartments.
b. Eligible historic
structures shall be limited to the following:
(1) those included on the Kennett Township Historic Resources Map, as may be
amended,
(2) those included in the National Register of Historic Places, and/or
(3) those identified as Contributing Resources in any National Register historic
district, as documented in the applicable National Register nomination on file
at the Pennsylvania Historical and Museum Commission.
c.
The maximum number of additional dwelling units shall not exceed fifteen (15)
percent of the maximum base density calculated per Section 1503.B above,
rounded to the next higher whole number.
Except where physically infeasible due to existing locational and/or
structural attributes, all such dwelling units must comply with applicable area
and bulk regulations and design standards.
In considering conditional use approval, the Board of Supervisors may
request testimony from recognized expert(s) in the area of historic resource
analysis and preservation, reasonable and necessary charges therefor to be borne
by the Applicant.
3.
Standards for Historic Resources.
Applicant shall comply with the following standards where renovation or reuse of
any structure included in the Historic Sites Survey of Chester County is
proposed in order to develop dwelling units in addition to the maximum otherwise
permissible.
a. Construction plans
for the rehabilitation, alteration, or enlargement of any such historic
structure shall be in substantial compliance with the Secretary of the
Interior's currently adopted Standards for Rehabilitation, as revised.
b. Authentic period
materials and colors shall be utilized on any portion of any historic structure
or enlargement thereof visible from any existing or proposed public
right-of-way. Appropriate
replication may be substituted where approved by the Board.
c. Applicant
shall demonstrate preservation of sufficient landscaped or buffer area
surrounding historic structures to retain the integrity of the historical
landscape setting. Applicant may
demonstrate mitigation of impacts to historical landscape setting through
introduction of vegetation or other screening in harmony with such landscape
setting and through retention of view lines which visually link historic
structures to their landscape setting.
d.
Facilities and equipment for heating/air conditioning, trash collection and
compaction, and other structural elements not in keeping with historical
architectural themes shall be concealed architecturally or otherwise screened
from view.
e. Applicant shall
guarantee permanent adherence to these standards through establishment of
appropriate easement(s) acceptable to the Township Solicitor, such easement(s)
to be conveyed to
C. Open Space Resource Protection
Standards.
1. In utilizing the open space
design option, the proposed design shall, to the greatest degree practicable,
limit disturbance to significant natural and cultural resources identified in
the Site Analyses required in accordance with the Kennett Township Subdivision &
Land Development Ordinance.
2. Conservation of
Scenic Views
a.
Applicant shall
demonstrate maximum
conservation of scenic
views from public roads and neighboring residential properties, including
but not limited to lines of view from vista points as shown on the Kennett
Township Visual Resources Map, and direct lines of view from adjacent public
roads to visual accents included on said map.
Applicant may demonstrate conservation of views either through location
of proposed development outside of such views or through retention of existing
vegetation, structures, or changes in
topography.
b. Every
attempt shall
be made to situate dwellings
and accessory buildings below ridge line elevations and to maintain
existing trees and woodland vegetation along ridgelines.
c. Where
conservation of scenic views as described above or where siting below ridgeline
elevations is not practicable in the context of proposed development plans,
Applicant shall demonstrate mitigation of visual impacts through one of the
following means:
(1) Provision of introduced
landscaping to effectively screen proposed development from view from public
roads or neighboring residential properties;
(2) Submission of individual
building design plans with sufficient detail to demonstrate, in terms of how
such buildings may be viewed from public roads or neighboring residential
properties, reasonable replication of proportional relationships of form and
massing evident in existing historic resources, including ratios of height to
width, length of individual facade segment, roof pitch, relative size and
placement of windows, doors, and other facade details.
(3) The distance from point
of public or neighboring view also may be considered as a mitigating factor in
review of plans for buildings within such view.
3. Applicant shall
demonstrate compliance with applicable state and/or federal regulation of
streams and wetlands, including compliance with Special Protection Guidelines
for designated special protection waters.
For any proposed activity requiring the submission of a wetland
delineation report, stream or wetland encroachment permit, or mitigation plan to
the Pennsylvania Department of Environmental Protection and/or U.S. Army Corps
of Engineers, copy of all such documentation shall be submitted to
4. Where feasible, Applicant shall
demonstrate conservation of any site included in the Chester County Natural
Areas Inventory and/or any unique natural area inventoried in the Chester County
Open Space & Recreation Study, as may be amended from time to time.
5. Applicant shall demonstrate compliance with applicable Flood Hazard District
regulations per Article XI and Steep Slope design standards per Section 1412 of
this ordinance, and shall comply with the Riparian Buffer and Woodland
Conservation standards of Sections 516 and 517 of the Kennett Township
Subdivision & Land Development Ordinance.
D. Open Space Designation and Use
Standards.
1. Areas designated as
restricted open space shall be consistent with the Kennett Township Open Space,
Recreation, and Environmental Resources Plan.
The location and layout of restricted open space shall be configured so
as to promote adherence to resource protection standards in sections 1504.B and
1504.C above, and shall further conform to
the following conditions:
a. A portion of the
designated restricted open space equal in area to no less than 15% of the gross
tract area shall exclude areas comprised of designated flood hazard districts,
wetlands, slopes in excess of 25%, and any areas devoted to sewage treatment or
disposal.
b. No portion of the designated
restricted open space shall be measured as contributing to the minimum required
restricted open space area or to any open space utilized in calculation of any
density bonus where:
(1) It extends less than 100
feet in the narrowest dimension at any point;
(2) It is located within 35 feet of
any structure except structures devoted to
permitted open space uses;
(3) It is occupied by
impervious surfaces including structures;
(4) It is included within the
lot lines of any lot less than 10,000 square feet in size.
(5) It comprises a single
parcel less than one (1) acre in area.
(6) It is occupied by
stormwater management facilities, excluding stormwater
conveyance facilities, except in accordance with the provisions of
Section 1504.D.2 below.
2. Stormwater Management in
Restricted Open Space.
a. At the discretion of the
Board of Supervisors, upon recommendation by the Planning Commission, the area
devoted to stormwater management facilities may be included within the minimum
required open space where the Applicant can demonstrate to the satisfaction of
the Board that such facilities are designed in accordance with the provisions of
this section and shall achieve the following objectives:
(1) Promote recharge of groundwater
systems or
(2) Be available and appropriate
for active or passive recreational or scenic enjoyment.
b.
Where permitted, the area that may be included within the minimum
required open space shall be
calculated as follows:
(1) The total stormwater volume to
be managed within the tract under application
shall be calculated;
(2) For all areas satisfying
either objective (1) or (2) above, the volume of
stormwater managed within such areas shall be calculated;
(3) The area, which may be
included as part of the minimum required open space, shall be calculated as the
total Defined Area (established as provided below) times the ratio of
calculation (2) above, divided by calculation (1).
(4) The Defined Area shall be
calculated by including all areas within the perimeter embankments or berms of
all stormwater detention and retention facilities. The measurements shall
include all areas within the contour line established by the top elevation of
the stormwater retention embankment on the outlet or downhill side of the basin.
This contour will be continued around the basin until it closes back on itself.
The area thus enclosed is the "Defined Area."
c. The Applicant recognizes that
any area considered as applicable for inclusion with the minimum required open
space shall be subject to management in accordance with the Open Space
Management Plan that will be required by the Township.
d. The stormwater management facility must meet the following minimum
requirements to be considered for inclusion in the minimum open space
requirements:
(1) Recharge to the groundwater
system may be accomplished by either of the following methods: installation of
subsurface infiltration methods, such as stone seepage beds, pits or trenches,
and perforated pipes or cisterns, or by direct infiltration into the soil where
infiltration rates assure that the system shall meet all design requirements.
(2) Infiltration rates shall be
established by soils testing. Soils
testing shall be conducted to a depth no less than 3 feet below the bottom of
the infiltration facility to be considered.
In no case shall the bottom of a subsurface infiltration system be less
than 4 feet below the finished ground elevation.
The tests shall conform to the procedures for infiltration beds
established by the Chester County Health Department. 75% of the tested
percolation rate shall be use to determine the storage volume required.
(3) The infiltration system shall
be sized to store the net increase in storm water volume from a 2-year frequency
rainfall (3.3 inches in 24 hours) event without consideration of infiltration.
(4) The bottom elevation of
the infiltration system shall be at least 2 feet above bedrock or the seasonal
high water table.
(5) Filtering devices shall
be incorporated in piping or structures distributing runoff to the infiltration
systems in order to collect and prevent sediment from entering the system.
(6) The stormwater management
facility shall be no closer than 50 feet to any sewage bed, stream or water
supply well. Also, facilities shall
be situated downgrade from structures on adjacent lots or be isolated at least
100 feet from them.
(7) Overflow facilities that direct overflow from infrequent storms exceeding
design capability shall be installed.
Acceptable points to accept the overflow include inlets or piping of
downstream storm sewer systems, wetland areas, flood plain fringe areas or other
stormwater management facilities.
(8) The stormwater management
facility shall be designed to empty the total design storm volume within 24
hours or less following the storm event.
(9) All subsurface infiltration
systems shall use a permeable geotextile fabric to separate aggregate within the
facility from soil on the sides and top to prevent loss of bed capacity.
(10) The design of the stormwater facility shall, when not storing water runoff,
accommodate active or passive recreation and/or improve the scenic quality of
the proposed development or Township.
(11) Perimeter embankments or berms shall have side slopes of 4 to 1 and flatter
and shall blend into the existing topography.
(12) Above ground detention areas shall be designed as shallow holding areas
with a storage depth no greater than 3 ½ feet.
(13) Where designed for active recreational use, the soils of the basin shall be
such that they will quickly drain to allow a usable playing surface. If
necessary, an underground drain system shall be installed to facilitate the
drainage.
(14) Outlet works of stormwater management facilities shall be constructed to
prevent entry by children or animals.
(15) Where designed for active recreational use, any fixtures required for the
approved type of athletic field or court shall be permanently anchored to
prevent floatation.
(16) Any plantings or vegetation placed in the impoundment area must be able to
withstand the expected frequency and depth of inundation. Further, the Open
Space Management Plan should include specific recommendations of plant species
and instructions for the appropriate care and maintenance of the stormwater
facilities.
f. The above provisions may
be waived or altered by the Board of Supervisors where Applicant has
demonstrated to the satisfaction of the Board that variation from these
standards results in a pattern of development more fully in compliance with the
objectives of this Article.
3. Except where approved by the
Board of Supervisors and as established in the required Open Space Management
Plan, areas designated for open space purposes may be used only for any of the
following:
a.
Crop or pasture land;
b.
Cultivation of nursery stock or orchard trees;
c.
e. Public,
common, or private park or outdoor recreation area;
f. Land
application of wastewater, where permitted in accordance with the Kennett
Township Sewage Facilities Plan, and where the Board of Supervisors is satisfied
that adequate provision(s) for the long-term management and maintenance of the
wastewater system are guaranteed.
g.
Stormwater management facilities in accordance with Section 1504.D.2 above.
4. Subject to the provisions of
measurement of minimum required open space stipulated herein, sewage service,
stormwater management, and/or water supply facilities may be located entirely or
partially within restricted open space areas.
Where sewage service and/or water supply facilities are so located,
easements satisfactory to the Board of Supervisors shall be established to
require and enable maintenance of such facilities by the appropriate parties.
5. Except to provide for permitted
open space uses, designated open space shall be restricted from further
subdivision or development by deed restriction, conservation easement, or other
agreement in a form acceptable to the Township and duly recorded in the office
of the Recorder of Deeds of Chester County.
Restrictions shall run in favor of the Township and owners of all new
lots created by the development under application.
SECTION 1505 STANDARDS FOR OWNERSHIP OF RESTRICTED OPEN SPACE
Subject to permanent conservation restrictions, restricted open space land in
any subdivision may be owned by a homeowners' association, the Township, a land
trust, another conservation organization recognized by the Township, or by a
similar entity, or may remain in private ownership.
A. Offer of Dedication.
The Township may, but shall not be required, to accept dedication in the form of
fee simple ownership of restricted open space land provided:
1.
such land is accessible to the residents of the Township;
2. there is
no cost of acquisition other than any costs incidental to the transfer of
ownership such as title insurance; and
3.
the Township agrees to and has access to maintain such lands.
Where the Township accepts dedication of restricted open space land that
contains improvements, the Board of Supervisors may require the posting of
financial security to ensure structural integrity of said improvements as well
as the functioning of said improvements for a term not to exceed eighteen (18)
months from the date of acceptance of dedication.
The amount of financial security shall not exceed fifteen percent (15%)
of the actual cost if installation of said improvements.
B. Homeowners' Association.
The restricted open space land and associated facilities may be held in common
ownership by a Homeowners' Association.
The Homeowners Association shall be formed and operated under the
following provisions:
1. The developer shall
provide a description of the Homeowners Association including its bylaws and
methods for maintaining the open space open space.
2. The
Homeowners Association shall be organized by the developer and operating with
financial subsidization by the developer, before the sale of any lots within the
development.
3.
Membership in the Homeowners Association is mandatory for all purchasers of
homes therein and their successors.
The conditions and timing of transferring control of the Homeowners Association
from developer to homeowners shall be identified.
4. The Homeowners
Association shall be responsible for maintenance and insurance on common open
space land, enforceable by liens placed by the Homeowners' Association.
Maintenance obligations may be enforced by the Township which may place
liens to recover its costs. Any
governmental body with jurisdiction in the area where the development is located
may place liens on the owners of the open space to collect unpaid taxes.
5. The members of the
Homeowners Association shall share equitably the costs of maintaining and
developing such common land. Shares
shall be defined within the Homeowners Association bylaws.
Homeowners Association dues shall be structured to provide for both
annual operating costs and to cover projected long-range costs relating to the
repair of any capital facilities (which shall be deposited in a sinking fund
reserved for just such purposes).
6. In the event
of a proposed transfer, within the methods here permitted, of common open space
land by the Homeowners' Association, or of the assumption of maintenance of such
land by the Township, notice of such action shall be given to all property
owners within the development.
7. The
Homeowners Association shall have or hire adequate staff to administer common
facilities and properly and continually maintain the common open space land.
8. The
Homeowners' Association may lease open space lands to any other qualified
person, or corporation, for operation and maintenance of such lands, but such a
lease agreement shall provide:
a. that the residents of the
development shall at all times have access to the open
space lands contained therein (except that access to land that is
actively farmed shall be limited to times of the year with the fields are
fallow);
b. that the common open space
land to be leased shall be maintained for the purposes set forth in this
Ordinance; and
c. that the operation of open space
facilities may be for the benefit of the residents
only, or may be open to the residents of the Township, at the election of
the developer and/or Homeowners' Association, as the case may be.
9. The lease shall be
subject to the approval of the Board and any transfer or assignment of the lease
shall be further subject to the approval of the Board.
Lease agreements so entered upon shall be recorded with the Recorder of
Deeds of Chester County within thirty (30) days of their execution and a copy of
the recorded lease shall be filed with the Secretary of the Township.
C. Condominiums.
The restricted open space land and associated facilities may be held in common
through the use of condominium agreements, approved by the Board of Supervisors.
Such agreement shall be in conformance with the Uniform Condominium Act
of 1980. All common open space land
shall be held as "common element".
D. Dedication of Easements.
The Township may, but shall not be required to, accept easements for public use
of any portion or portions of restricted open space land, title of which is to
remain in common ownership by condominium or homeowners association, provided:
1.
such land is accessible to Township residents;
2. there is
no cost of acquisition other than any costs incidental to the transfer of
ownership, such as title insurance; and
3. a
satisfactory maintenance agreement is reached between the developer, condominium
or homeowners association and the Township.
E. Transfer
of Easements to a Private Conservation Organization
With the permission of the Township, an owner may transfer easements to a
private, nonprofit, organization recognized by the Township, among whose purpose
it is to conserve open space and/or natural resources, provided that:
1.
the organization is acceptable to Board, and is a bona fide conservation
organization with perpetual existence;
2. the conveyance contains
appropriate provision for proper reverter or retransfer in event
that organization becomes unwilling or unable to continue carrying out
its functions; and
3. a maintenance
agreement acceptable to the Board is entered into by the developer and
the organization.
F. Private Ownership of Restricted
Open Space.
1. Subject to the
discretionary approval of the Board of Supervisors, restricted open space may be
retained in ownership by the Applicant or may be transferred to other private
parties subject to compliance with all standards and criteria for restricted
open space herein.
2. All or portions of the
designated restricted open space, where permitted by the Board of Supervisors,
may be included within or divided among one or more of the individual lots.
Where deemed appropriate, the Board of Supervisors may require that
responsibility for maintenance of restricted open space be conferred upon and/or
divided among the owners of one or more individual lots.
3. Where restricted open
space is permitted by the Board of Supervisors to be retained in private
ownership, the Board may require the establishment of conservation easement(s)
in accordance with Section 1505.E above.
SECTION 1506 OPEN SPACE MANAGEMENT
PROVISIONS
A. Required Open Space
Management Plan.
Any application under the Open Space Development Option shall include a plan for
the long term management of the restricted open space which is to be created as
part of the development, including maintenance and management of any wastewater
disposal, water supply, stormwater management or any other common facilities
which may be located within areas of restricted open space.
Such a plan shall include a narrative discussion of (1) the manner in
which the restricted open space and any facilities included therein will be
owned and by whom it will be managed and
maintained; (2) the conservation, land management and agricultural techniques
and practices which will be used to conserve and perpetually protect the
restricted open space, including conservation plan(s) approved by the Chester
County Conservation District where applicable; (3) the professional and
personnel resources that will be necessary in order to maintain and manage the
property; (4) the nature of public or private access that is planned for the
restricted open space; and (5) the source of money that will be available for
such management, preservation and maintenance on a perpetual basis.
Where application for Alternative Design Option review in accordance with
Section 1508 is submitted prior to Preliminary Plan submission, such application
shall include a conceptual Open Space Management Plan outlining compliance with
the issues stated above. A complete
Open Space Management Plan shall be submitted with Preliminary Plan submission.
The Board of Supervisors may require that the management plan be recorded, with
the Final Subdivision and Land Development Plans, in the Office of the Recorder
of Deeds of Chester County. The
Board may require as a condition of land development approval that appropriate
management contracts be established as evidence of the ability to adhere to the
provisions of the approved management plan.
In order to allow for the changing needs inherent in the perpetual
management of land, the management plan shall contain a provision to the effect
that it may be changed by written application to the Board of Supervisors.
Approval of such application by the Board shall not be unreasonably
withheld or delayed, so long as the proposed change is feasible and consistent
with the purposes of preservation of open space set forth in this Article and so
long as the plan for such change avoids a likelihood of the obligation for
management and maintenance of the land falling upon the Township without the
consent of the Board of Supervisors.
B.
Provisions for Maintenance of Restricted Open Space Held in Common Ownership.
1. In the event that the Homeowners
Association or any successor organization shall, at anytime after establishment
of a development containing open space land, fail to maintain such land in
reasonable order and condition in accordance with the development plan, the
Township may serve written notice upon the owner of record, setting forth the
manner in which the owner of record has failed to maintain the open space land
in reasonable condition.
2. Failure to adequately maintain
the open space land in reasonable order and condition constitutes a violation of
this ordinance. The Board is hereby authorized to give notice, by personal
service or by
3. Should any bill or bills
for maintenance of open space land by the Township be unpaid by November 1 of
each year, a late fee of fifteen percent (15%) shall be added to such bills and
a lien shall be filed against the premises in the same manner as other municipal
claims.
SECTION 1507 OPEN SPACE
PERFORMANCE BOND
All landscape improvements, plantings, accessways, and recreational facilities
within designated open space areas shall be provided by the developer as
applicable. A performance bond or
other securities shall be required to cover costs of all installation of
proposed improvements in the open space area.
The performance bond or other security shall be in the same form and
adhere to the same conditions as otherwise required for proposed improvements in
accordance with the Kennett Township Subdivision and Land Development Ordinance.
An appropriate portion of the performance bond or other security will be
applied by the Township should the developer fail to install the planting or
recreational facilities.
SECTION 1508
ALTERNATIVE DESIGN OPTION REVIEW PROCESS
A. In granting or denying an
alternative design option establishing conditions with reference to such grants,
the Board of Supervisors shall use as a guide in evaluating a proposed
alternative design option and may determine to be mandatory, those standards
established for review of special exception applications by Section 1807 of this
Ordinance. The burden of establishing
compliance with those enumerated standards shall be upon the applicant by a fair
preponderance of the credible evidence.
The standards required by this subsection shall be deemed a part of the
definitional aspect under which an alternative design option may be granted and
the failure of the applicant to establish his compliance with all of the
standards shall, in the discretion of the Board, be deemed either a basis for
the establishing of conditions or limitations on an approval or the basis for a
determination that the applicant has not met the requirements for which an
alternative design option may be granted.
B. Nothing in this
section shall be construed to relieve the applicant from obtaining other
required approvals mandated by the Township, Subdivision and Land Development
Ordinance, or other applicable ordinances.
C. Appeals from a
determination of the Board pursuant to any application under this Article shall
be only as prescribed within such times permitted by the applicable provisions
of the Pennsylvania Municipalities Planning Code.
D. In granting an alternative
design option, the Board may attach such additional reasonable conditions and
safeguards as it deems necessary and appropriate to insure compliance with the
provisions of this Ordinance and to protect the health, safety and general
welfare of the community.
E.
Unless otherwise specified by the Board, an alternative design option approval
shall expire within one year from the date of authorization should the applicant
fail to obtain final approval of a subdivision plan or building permit as the
case may be. Alternative design
option approval shall not be transferred from one party to another without the
authorization of the Board of Supervisors.
SECTION 2:
Amend Section 401.B to read as follows:
B. Development in accordance
with the Open Space Design Options as set forth in Article XV.
SECTION 3:
Amend Section 501.C to read as follows:
C. Development in accordance with
the Open Space Design Options as set forth in Article XV.
SECTION 4:
Amend Section 601.C to read as follows:
C. Development in accordance with
the Open Space Design Options as set forth in Article XV.
SECTION 5:
Add Section 701.D to read as follows:
D. Development in accordance
with the Open Space Design Options as set forth in Article XV.
SECTION 6:
Amend Section 701.B to delete 701.B.3 in its entirety and change the numbering
of subsequent subsections 4-13 to 3-12.
SECTION 7:
Amend the introduction of Section 702.A to read as follows:
A. All uses, except mobile
home park
SECTION 8:
Delete Section 702.B in its entirety.
SECTION 9:
Amend Section 901.C to read as follows:
C. Development in accordance
with the Open Space Design Options as set forth in Article XV.
ENACTED AND ORDAINED
this 21st day of May 1999.
BOARD OF SUPERVISORS
Michael E. Elling
Attest:
James C. Henderson
Secretary-Treasurer
Charles G. Shoemaker