MapLink™ | Procedures | Density Requirements (General Provisions)

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Density Requirements (General Provisions)
1. Density averaging provisions.
A. Purpose. 
To achieve a better and more attractive pattern of residential development than is possible under conventional zoning district requirements applicable to individual lots, the lot area requirements of R-1/2 and R-1 Residence Districts may be modified for residential development in compliance with the requirements of this section.
B. Area requirements.
(1) The tract of land to be developed shall be in one ownership or shall be the subject of an application filed jointly by all owners of the entire tract.
C. Number of dwelling lots permitted.
The purpose of this subsection is to determine the permissible number of lots for which a specific tract may be developed under the density averaging provisions, accounting for the physical uniqueness of each site. To determine that number when applying for development approval pursuant to this provision, an applicant shall be required to submit a yield plan which shall demonstrate compliance with all applicable standard requirements of this chapter and the Township Subdivision and Land Development Ordinance.
(1) To ensure that the site's natural features are accurately taken into account during the process of developing this yield plan, a Natural Features Conservation Plan shall be prepared and submitted with the yield plan. The Natural Features Conservation Plan shall be prepared in compliance with § 181-36D in the Township Subdivision and Land Development. Should application of the density averaging provisions be approved, the Natural Features Conservation Plan shall be resubmitted with the cluster plan, along with all other plans and documentation required by this chapter and the Township Subdivision and Land Development Ordinance.
(2) Once the number of dwelling units that is achievable from the yield plan has been approved by the Township Planning Commission and Zoning Officer, then that number of dwelling units shall be the maximum number incorporated into a cluster plan. In no case shall the number of dwelling lots permitted on a tract of land exceed the number which would have been permitted were the district regulations not modified in accordance with this provision.
D. General provisions.
(1) The application for development shall be accompanied by a plan or plans for the entire tract, which shall clearly designate the intention of the applicant for the ultimate ownership and maintenance of all common areas and the proposed use of each area of the tract.
(2) No land of such size as to be capable of further subdivision under the regulations of any district shall be included in determining the average lot area or satisfying the requirement for common open space, unless the possibility of such further subdivision is eliminated by a note on the duly recorded subdivision plan, and by a deed restriction, conservation easement or agreement in a form acceptable to the Township Solicitor and duly recorded in the Office of the Recorder of Deeds of Chester County, or by dedication to the Township for park or other open space. Notwithstanding the existence or nonexistence of such deed restrictions, no land that has been included in determining the average lot area may be further subdivided, except that lot line revisions may be permitted where such revisions do not result in the creation of any additional lots.
(3) Each dwelling shall be served by public water supply and by public sanitary sewers, except that in R-1/2 Districts, the Board of Supervisors may approve alternate facilities which will assure adequate supply and disposal.
E. Conditional uses.
(1) The application for a conditional use shall be made simultaneous to and in conjunction with an application for subdivision under the terms of Chapter 181: Subdivision and Land Development, and subsequent approval of the conditional use application shall be made subject to approval of the subdivision application and vice versa.
(2) In any instance where the Board of Supervisors is required to consider a request for a conditional use in accordance with the provisions of this chapter, the Board shall, to the full extent permitted by law, base its decision on those same factors and standards contained in § 208-150: Standards for review of proposed special exception or variance for the review of special exceptions and variances. The provisions of § 208-150: Standards for review of proposed special exception or variance related to special exceptions and variances shall, therefore, be applicable to conditional uses as well.
See § 208-107: Density averaging provisions for more information.