ORDINANCE NO. 126

 

AN ORDINANCE OF KENNETT TOWNSHIP, CHESTER COUNTY, PA AMENDING ORDINANCE NO. 50, THE ZONING ORDINANCE OF KENNETT TOWNSHIP, AS AMENDED, BY AMENDING AND/OR ADDING DEFINITIONS OF “BUILDING HEIGHT,” “FLAG LOTS,” “INTERIOR LOTS,” AND DEFINING AREA AND BULK REGULATIONS FOR THOSE DISTRICTS AFFECTED THEREBY.

 

 

The Board of Supervisors of Kennett Township hereby enacts and ordains the following amendments to the Kennett Township Zoning Ordinance, Ordinance No. 50, as amended:

 

Section 1.        SECTION 201, DEFINITION OF TERMS, is amended as follows:

 

BUILDING HEIGHT.  Delete definition in its entirety and add the following term:

 

Building Height.  The vertical distance measured from the mean average of the elevation of the finished grade surrounding the building or structure at all corners to:

 

A.                 The mean average height between the horizontal eaves and the ridge of the highest roof of a gabled, hipped, or gambrel pitched roof, excluding antennas, towers, spires, dormers, chimneys, equipment penthouses, and parapets, or

 

B.                 The highest point of a flat roof (l in 12 pitch or less), excluding antennas, towers, spires, chimneys, equipment penthouses, and parapets.

 

C.                 The excluded elements in sub-sections A and B above shall not exceed the maximum permitted building height by more than ten (10) feet.

 


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                        FLAG LOT:    Add the following defined term:

 

Flag Lot.  A lot which does not meet the minimum street frontage requirements, but is connected thereto by an access strip of less than the required minimum width.

 

INTERIOR LOT:  Delete definition in its entirety and add the following defined term:

 

Interior Lot:  A lot which has no direct frontage on a public or private street, but which obtains access to such streets by way of a private driveway or access agreement across land owned by another party.  The front lot line of an interior lot shall be considered that lot line where the driveway or access point enters the property.  The front lot line shall be the line from which the building line and required front yard is established.  The rear lot line shall be considered that lot line which runs generally parallel to and does not intersect with the front lot line.

 

Section 2.  SECTION 1002, AREA AND BULK REGULATIONS FOR BP BUSINESS PARK DISTRICTS is amended by replacing Section 1002.H with the following:

 

H.        Maximum Building Height                                                         45 feet

 

Section 3.  SECTION 1011 AREA AND BULK REGULATIONS FOR BP BUSINESS PARK DISTRICTS is amended by replacing Section 1011.A.9 with the following:

 

             9.        Maximum Building Height                                             45 feet

 

and by replacing Section 1011.B.11 with the following:

 

            11.       Maximum Building Height                                             45 feet

 

Section 4.  SECTION 1015 AREA AND BULK REGULATIONS FOR BR BUSINESS/RESIDENTIAL DISTRICT is amended by replacing Section 1015.A.9 with the following:

 

             9.        Maximum Building Height                                             45 feet

 

and by replacing Section 1015.B.11 with the following:

 

            11.       Maximum Building Height                                             45 feet

 

and by replacing Section 1015.C.9 with the following:

 

             9.        Maximum Building Height                                             45 feet


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Section 5.  ARTICLE XIV DESIGN STANDARDS.  Add the following new sections:

 

SECTION 1415  FLAG LOT STANDARDS

 

The following standards shall apply to all FLAG LOTS:

 

A.                 Flag lots shall be permitted only in cases of single-family detached dwelling units located in residential districts.

 

B.                 Flag lots shall be permitted only for tracts of land with limited street frontage, but with sufficient area for additional lots and where the uses of such lots would result in an improved subdivision design.  Flag lots shall not be permitted in a subdivision where a street could reasonably be developed to serve the lots with each meeting the minimum lot width requirement.

 

C.                 Each flag lot shall contain its own access strip owned in fee as part of the lot and not by way of a grant or right-of-way, easement, license, or similar grant.

 

D.                 Each access strip shall have a minimum width of fifty (50) feet measured from the existing street line of a public street for the full length of the access strip to the point where the lot first obtains the minimum standard lot width.  Minimum street line requirements shall not apply to flag lots if all other requirements of Section 1415 are met.

 

E.                  Flag lots shall contain a lot area at least equal to the minimum required lot area of the district in which the lot is located.  The area of the access strip shall not be included in the calculations of the required minimum lot area.

 

F.                  The front yard for a flag lot shall be measured from the point where the lot first obtains the minimum required lot width for the district in which the lot is located.

 

G.                 Only one (1) tier of flag lots shall be permitted on the tract being subdivided.  A tier shall be considered those flag lots (or a single lot) located behind the frontage lots which meet the minimum lot width requirement at the street line.

 

H.                 No more than two (2) contiguous flag lot access strips shall be formed.

 

I.                    For any subdivision of twenty (20) lots or fewer, there shall be a maximum of four (4) flag lots.  In subdivisions with more than twenty (20) lots, a maximum of twenty percent (20%) of the total lots may consist of flag lots.

 

J.                   A flag lot shall not be further subdivided without the provision of direct public or private street access.


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K.                A driveway constructed in the access strip connecting the main portion of a flag lot with a public street shall be provided with full and adequate drainage facilities which shall be approved by the Township Engineer.  Driveways within the access strips shall meet the driveway standards of Section 505 of the Township Subdivision and Land Development Ordinance.

 

SECTION 1416  INTERIOR LOT STANDARDS

 

A.                 Interior lots shall be permitted only in cases of single-family detached dwelling units located in residential districts

 

B.                 The number of interior lots sharing a common private driveway shall not exceed three (3).  If more than three (3) existing or potential lots will use a common driveway, a public or private road shall be created which meets all of the requirements for such a road as specified in the Subdivision and Land Development Ordinance.

 

C.                 Interior lots shall contain a lot area equal to the minimum required lot area of the district in which the lot is located.  The area of the common driveway shall not be included in the calculations of the required minimum lot area of the interior lots.

 

D.                 The front lot line of an interior lot shall be considered that lot line where the driveway or access point enters the property.  The front lot shall be the line from which the building line and required front yard is established.  The rear lot line shall be considered that lot line which runs generally parallel to and does not intersect with the front lot line.  Minimum street line requirements shall not apply to interior lots if all other requirements of Section 1416 are met.

 

E.                  The common driveway constructed for use by the interior lots shall be provided with full and adequate drainage facilities which shall be approved by the Township Engineer.  Common driveways shall meet the driveway standards of Section 505 of the Township Subdivision and Land Development Ordinance.

 

F.                  Cross-easements and maintenance agreements for use and maintenance of the common driveway shall be submitted to the Township for review and approval.  Such cross-easements and maintenance agreements shall be recorded with the approved final subdivision plan and each interior lot deed.

 


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ENACTED AND ORDAINED this 27th day of September, 2000.

 

                                                                                    KENNETT TOWNSHIP

                                                                                    BOARD OF SUPERVISORS

 

 

                                                                                                                                               

                                                                                                Michael E. Elling

 

Attest:

                                                                                                                                               

                                                                                                Charles G. Shoemaker

                                               

Secretary-Treasurer

                                                                                                                                                                                                                                                Thomas W. Nale, III