In addition to the overall objectives stated in §240-3, the residential zoning districts are established to achieve the following purposes:
A. To meet the housing needs of the present and expected future population of the township by providing sufficient space for residential development in appropriate locations and by providing for a range of anticipated housing types.
B. To assure light, air and privacy by controlling the spacing and height of buildings and other structures.
C. To protect residential areas against hazards of fire, offensive noise, vibration, smoke, odors, glare or other objectionable influences.
D. To prevent congestion by regulating the density of population and the bulk of buildings and by providing for off-street parking
E. To protect residential neighborhoods against heavy traffic or through traffic.
F. To preserve the township's natural amenities and historical places.
G. To make provisions for those public and private educational, recreational, health and similar facilities serving the needs of nearby residents, which perform most effectively in a residential environment and do not create objectionable influences.
H. To promote the most desirable use of land and direction of building development in accordance with a well-considered plan, to promote stable residential development, to protect the character of all districts and their peculiar suitability for particular uses, to conserve the value of land and buildings and to protect the township tax revenues.
A. Specific intent.
(1) In addition to the objectives listed in §§240-3 and 240-7, to encourage planned residential development which provides a high ratio of open space to land development in order to permit such areas to blend with nearby R-2 Districts.
(2) To encourage the use of ingenuity, imagination and proper design to produce developments which are in keeping with overall land use objectives of the Comprehensive Plan but depart from the strict application of use, setback, height and lot size requirements that would otherwise control.
(3) To establish performance criteria to permit creative approaches to residential development to result in a more desirable environment, more efficient use of land and enhanced appearance of neighborhoods.
B. Planned residential development (PRD) administration. The Board of Supervisors shall administer the procedures for application for and approval of a PRD. The Board of Supervisors shall, however, refer all preliminary and final plans for such developments to the Planning Commission for their review and recommendations. The provisions of the Pennsylvania Municipalities Planning Code shall be met throughout the process of reviewing and approving a PRD.
C. Conditions for the development of a PRD. The following are prerequisite conditions for consideration of a PRD plan:
(1) Any tract of land shall be in single and separate ownership, except multiple ownership of the tract may be permitted if evidence is presented of a written agreement among the parties involved that development will be in accordance with a single plan with clearly coordinated phases, infrastructure and responsibilities. Any such agreement shall be recorded and shall run with the land.
(2) The tract of land shall have a minimum of 300 acres, all of which shall be within the Township of East Goshen.
(3) All principal buildings within the PRD shall be served by a centralized sewage disposal system and a centralized water supply system.
(4) The tract shall be zoned R-1.
D. Uses permitted by right.
(1) The following principal uses are permitted by right in the R-1 District if the regulations in this article and other applicable requirements of this chapter are satisfied:
(a) Planned residential development, approved under the PRD provisions of the Pennsylvania Municipalities Planning Code, with uses permitted in a PRD limited to:
[1] Single-family detached dwellings, semidetached dwellings, townhouses or apartment dwellings with a maximum of six total dwelling units attached to each other.
[2] Commercial uses. Commercial facilities shall comply with § 240-15, including the additional use of a guesthouse. Buildings designed or intended to be used, in part or in whole, for commercial purposes shall not be opened for business prior to the construction and completion of at least 50% of the dwelling units proposed in the plan or a minimum of 400 dwelling units, whichever is less. A life care development shall be permitted in accordance with applicable standards in § 240-31C(3).
[3] Recreational uses. Recreational uses shall include a variety of outdoor facilities such as a tennis court, swimming pool, golf course, multipurpose court, baseball field, hiking, walking and bicycle paths and other active and passive recreation facilities.
(b) Single-family detached dwellings developed under the same regulations as would apply in the R-2 District.
(c) A lawfully permitted dwelling unit used as a group home, provided that the requirements of § 240-38 are met.
(d) Accessory uses and accessory structures as are permitted in the R-2 District.
(e) Agricultural uses in accordance with § 240-34, but not including animal husbandry.
(2) The following uses are permitted as conditional uses in the R-1 District, if the regulations of this chapter are met:
(a) Fire station.
(b) Public utility facility.
(c) Public utility building. [Added 11-13-2001 by Ord. No. 129-F-01]
E. Criteria for evaluating a PRD plan. The following standards, conditions and regulations shall govern the evaluation of a PRD plan:
(1) Density. The following standards shall govern the density of dwelling units on the tract:
(a) The permitted-by-right maximum density for a PRD that meets the standards of this chapter shall be determined by multiplying the total number of acres in the tract by 1.5.
(b) The Board of Supervisors may, in its sole discretion, authorize an increase in density up to an absolute maximum average of 3.5 dwelling units per acre, provided that the applicant proves to the satisfaction of the Board of Supervisors that:
[1] The proposed density is justified considering the natural features of the site and the manner in which the proposed plan relates to the natural features.
[2] The proposed development will be designed to be fully compatible with the surrounding neighborhoods.
[3] Such density will not create unreasonable, significantly adverse or burdensome effects upon community services, street system and public infrastructure, including water supply, sanitary sewage, stormwater, public schools or parks.
[4] The proposed density will be in the public interest, considering the following:
[a] Proposed private amenities will be provided beyond the minimum required by the township.
[b] Increased efficiency in public services will be achieved by the location, design and type of dwelling units and other features.
[c] Better locations and proposed uses of common open space and/or better locations, design and type of dwelling units will be achieved.
**Webmasters Note: The previous subsections, B. through E(1)(b)[4][c], have been amended as per Supplement No. 21.
[5] A proposed limitation of certain or all dwellings to senior citizens may permit a higher density to have lesser adverse impacts upon the community than if the dwellings were not so limited.
[6] The proposed development's anticipated annual real estate taxes and other revenues will offset anticipated annual township expenditures that will be associated with the proposed development.
(c) Overall density on any one acre shall provide at least 12,000 square feet for each single-family detached dwelling unit and 4,000 square feet for each attached dwelling unit.
(d) Where permitted, commercial uses shall occupy no more than 5% of the tract. Outdoor commercial recreation uses such as a golf course or tennis facility that are permitted to be within the common open space shall not be included in this restriction.
(e) A minimum of 45% of the entire tract shall be set aside as common open space.
(f) In the case of a PRD tract proposed to be developed over a period of years, the developer shall prove that after the completion of each successive phase, the permitted maximum density and required minimum open space requirements will be met considering all phases completed at such time.
(a) The developer is requested to put into place deed restrictions to prevent two or more dwellings in a PRD from being owned by the same individual, corporation, partnership or any other entity.
(2) Common open space.
(a) Common open space shall be located to take advantage of the site's physical characteristics, to place open spaces within easy access and view of dwelling units and to preserve and, where applicable, enhance natural features.
(b) A minimum of 15% of the tract, which shall be included in the common open space, shall be devoted to passive recreation, such as lakes, ponds, woodlands, picnic areas, walking paths, trails and fields.
(c) Areas set aside for common open space shall be suitable for the designated purpose and shall be consistent with the East Goshen Township Comprehensive Plan and open space, recreation and environmental resources plan. Any such area shall contain no structure other than a structure necessary for a use that the township has approved to be within the common open space.
(d) When the final plan is approved under Subsection G, any land reserved for common open space shall be made subject to a deed restriction or agreement in a form acceptable to the Board of Supervisors and duly recorded in the office for the Recording of Deeds for Chester County. The restrictions shall prevent any nonrecreational use of the required common open space.
(e) Any aboveground water and sanitary sewage facilities and any stormwater detention basins shall not count towards the minimum required common open space, except for portions of any stormwater detention areas that the applicant proves to the clear satisfaction of the Board of Supervisors would be suitable for recreation use under the vast majority of conditions and would be safe for recreation use.
(3) Ownership and maintenance of common open space.
(a) All plans shall locate and describe the existing and planned characteristics of the land designated for common open space. Portions of the open space to be offered for dedication or to be owned by the organization to be created for such purpose shall also be identified.
(b) If common open space is not to be dedicated, the landowner shall provide for the ownership and maintenance of the common open space by an organization(s), corporate or noncorporate. Such organization(s) shall not be dissolved and shall not dispose of the common open space which it owns and maintains (except by dedication of the same to the township) unless the organization(s) transfers the common open space to an organization which is conceived and established to own and maintain the common open space, or any portion thereof, and is composed of or owned by the property owners within the tract and/or the landowner, his heirs, successors or (his/their) assigns. Any such transfer shall include a recorded covenant requiring the new owner to maintain such common open space in accordance with the final plan. The landowner and any organization owning, and maintaining the common open space, or a portion thereof pursuant to this section, may charge reasonable fees or char-es for the use thereof as long as the landowner or organization shall provide:
[1] That the residents paying such fees shall at all times have access to the land leased thereunder.
[2] That these portions of the land leased shall be maintained for the purpose set forth in the plan.
[3] That the operation of any facilities erected on said common open space may be for the use of the residents only, or may also be available to nonresidents on terms no less onerous than those provided for residents.
(c) The final plan may provide that the landowner or any organization owning and maintaining common open space land may lease that common open space land or any portion thereof to the landowner, his heirs, successors or assigns or to any other qualified person or corporation for operation and maintenance of said land areas, but such lease agreement shall provide for access, maintenance and use of said leased common open space as set forth in Subsection E(3)(a) and (b), and shall further provide that any fees or charges made for use of said leased common open space shall be reasonable. Lease agreements so entered upon shall be recorded with the Recorder of Deeds of Chester County within 30 days of their execution and a copy of the recorded lease shall be filed with the Secretary of the Township.
(d) In the event that the organization then owning or leasing or maintaining all or any portion of the common open space shall at any time fail to maintain the area in reasonable order and condition, the Board of Supervisors may proceed as provided in 53 P.S. §10705 of the Pennsylvania Municipalities Planning Code.
(4) Site considerations.
(a) Earthmoving, tree clearance and destruction of natural amenities shall be minimized. Natural features such as lakes, streams and wooded slopes shall be preserved and incorporated into the final landscaping of the development where possible and desirable. The applicant shall demonstrate the means whereby trees and other natural features shall be protected during construction. The location of such trees and other natural features must be considered when planning the open space, location of buildings, underground services, walks, paved areas and finished grade levels.
(b) Seeding, sodding and other planting shall be applied to stabilize topsoil on steep slopes and to enhance the appearance of open areas.
(c) Where adequate surface drainage is not possible by grading alone, a supplementary drainage system approved by the Township Engineer will be required.
(d) Dwellings that are attached to each other shall be arranged in clusters with staggered setbacks or with some dwellings attached to the rear, as opposed to long, straight rows of dwellings.
(e) A plan shall make adequate provision for the maintenance of buildings and land intended for common ownership, with a proper legally-binding mechanism to collect sufficient levies or fees to pay the cost of such maintenance.
(f) All housing shall be designed with regard to topography and natural features of the site. The effects of prevailing winds, seasonal temperatures and solar access on the physical layout and form of the proposed land use and building shall be taken into account.
(g) To create architectural interest in the layout and character of housing fronting streets, variations in setbacks and placement of buildings on lots shall be encouraged.
(h) All housing should be sited so as to provide privacy and ensure natural light in all principal rooms.
(i) Routes for vehicular and pedestrian access and parking areas shall be convenient and independent of each other without creating nuisances or detracting from privacy.
(j) The approximate location and arrangement of buildings and open spaces shall be shown to the Board on tentative or sketch plans to permit the Board to review the intensity of land use and serve the public interest by protecting neighboring land uses.
(k) Within a PRD, the following specific requirements shall apply in place of any other setback or height requirements in this chapter:
[1] No building or structure shall be within 15 feet of a paved cartway.
[2] No building shall be erected within 15 feet of any other building
[3] All residential buildings shall be a minimum of 50 feet from exterior lot lines of the tract and perimeter street right-of-way lines.
[4] No structure or building shall exceed a maximum building height of 30 feet.
[5] In order to promote good design of dwellings and structures, the Board of Supervisors may vary these requirements where it deems necessary.
(5) Streets and off-street parking
(a) Streets within a PRD shall be related to land uses and to adjacent street systems. All streets shall be built in accordance with the standards set forth in Chapter 205, Subdivision and Land Development. The design, construction and maintenance of any private streets shall be clearly stated on the plan for the development.
(b) All uses within a PRD shall be in accordance with the requirements for off-street parking as set forth in this chapter. Parking lots shall be lighted and landscaped in accordance with the applicable provisions of §240-33. In residential areas, a garage or carport may be located wholly or partly inside the walls of the residential buildings, attached to the outer walls or be in an adjacent structure.
(6) Landscaping. Landscaping shall be regarded as essential for every tract. A landscape plan shall be submitted upon application for final approval. In addition to preserving trees, slopes and other natural features on a tract, careful attention shall be given to landscaping parking areas and providing street trees. If topographical or other barriers within 50 feet of the perimeter of the tract do not provide reasonable privacy for existing uses adjacent to the tract, the Board may require that screening be provided.
(7) Supplementary facilities.
(a) Shopping areas shall be located and designed to ensure compatibility with the residential character of nearby dwelling units. Parking and loading places shall be carefully screened from the view of an adjacent residential development.
(b) Refuse stations shall be in locations convenient for collection and removal and shall be suitably screened and inoffensive to the occupants of dwelling units.
(c) Adequate lighting shall be provided to any outdoor areas that residents use after dark. Appropriate lighting fixtures must be provided to light walkways and to identify streets, steps, ramps, directional changes and signs. Lighting shall be located so as not to shine directly into habitable room windows in the development or into private yard areas associated with dwelling units.
(d) All utilities shall be underground.
(e) Where a tract is divided by a state or township road or is separated from an adjacent commercial district by such road, the Board of Supervisors may require the construction of overpass(es) or underpass(es) connecting such parcels or districts so as to maintain a continuous flow of through traffic and permit safe and direct pedestrian and vehicular traffic between all such areas of the development.
F. Application for tentative approval. All procedures with respect to the approval or disapproval of a development plan for a PRD and continuing administration thereof shall be consistent with the following provisions:
(1) An application for tentative plan approval shall be filed by or on behalf of the landowner with the Zoning Officer. The fee for review of the application for tentative approval shall be established by resolution of the Board of Supervisors.
(2) The application shall include the following:
(a) The nature of the landowner's interest in the land proposed to be developed.
(b) The location, size and topography of the tract. Recommendations by appropriate agencies (such as the Conservation District) must be included.
(c) The density of land use for the section of the tract to be developed.
(d) The location, size and uses of the common open space and the form of organization proposed to own and maintain the common open space. An estimate of the annual costs to maintain common open space and any proposed source(s) of revenue to cover these costs.
(e) The use and approximate height, bulk and location of existing and proposed buildings and other structures.
(f) The proposed method for disposing of sanitary waste and controlling stormwater as determined by a professional engineer registered in the State of Pennsylvania.
(g) The provision of a continuous safe water supply. This shall be determined by the results of tests which shall be taken at the cost to the developer and which shall be conducted under the direction of a professional engineer registered in the State of Pennsylvania and the Chester County Health Department. The tests shall show whether water pressure, water volume and potability of the water supply will meet existing and anticipated demand.
(h) The substance of covenants, grants, easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures, including proposed easements or grants for public utilities, including the form of deed restrictions proposed to ensure the continuation and maintenance of the common open space.
(i) The provisions for parking vehicles and the location and width of proposed streets and public ways.
The present and projected traffic patterns and volumes, analysis of these patterns and volumes and needed traffic and/or road improvements required to accommodate any increases in traffic.
(k) The required deviations from the land use regulations otherwise applicable to the subject property
(1) Schedule.
[1] In the case of development plans which call for development over a period of years, the landowner shall designate geographic sections for development and file a schedule showing the proposed times within which applications for final approval of all sections of the plan are intended to be filed.
[2] This schedule must be updated annually, on the anniversary of its approval, until the development is completed and accepted.
(m) An analysis, including the proposed development's total anticipated population, their location of employment, their prime source of employment, age and income levels, number and grade of school age children and any other factors which might affect the surrounding area.
(n) The proposed agreement between developer and purchasers regarding purchasers' obligation for monthly maintenance payments and the method by which the developer would propose to inform the purchaser.
(o) The location and ownership of all properties bordering the tract.
(p) The substance of the homeowner's and/or condominium agreements and/or documents to be used if any dwelling units are to be sold under such agreements or documents.
(3) The application for tentative approval of a plan shall include a written statement by the landowner setting forth the reasons why, in his opinion, the plan would be in the public interest and would be consistent with the East Goshen Township Comprehensive Plan.
(4) A detailed design plan for the common open space shall be submitted to the Board of Supervisors for review and escrow fund or bond shall be established to ensure completion of the common open space improvements as provided in the Pennsylvania Municipalities Planning Code.
G. Public hearings, findings, final application, final approval and modification and enforcement of the plan. The Pennsylvania Municipalities Planning Code, 53 P.S. §10706 and 53 P.S. §§10708 through 1071 1, inclusive, as the same may be amended from time to time, are incorporated herein by reference as if duly set forth, subject, however, to such interpretations as are necessary for consistency with the applicable terms and provisions of this chapter. Such incorporation of such sections are intended to provide procedures for the enforcement and modification of provisions of the development plan, application for tentative approval thereof, public hearings and findings thereon, and status of said plan after tentative approval and application for final approval thereof, providing further that the Board of Supervisors may from time to time, by resolution after public hearing, adopt and promulgate regulations in conformity and consistent with said incorporated sections. All references in these sections to the "municipality" and "governing body" shall mean respectively the Township of East Goshen and its Board of Super-visors.
H. Compliance with other ordinances and regulations. Except as may otherwise specifically be provided under state law, any final plan for a phase of a PRD submitted after the adoption of this chapter shall comply with all of the following:
(1) Current federal and state environmental regulations, including but not limited to wetland, stream crossing and erosion and sedimentation control regulations.
(2) Chapter 205, Subdivision and Land Development, as amended, up until the time the final plan has been submitted.
(3) Township building/construction CODE, as in effect at the time each individual building permit is applied for.
