Through the Actions of the Participating Municipalities, Non-Profit Groups, and Citizen

LAND USE

Through the actions of the participating municipalities, non-profit groups, and citizen activists, the Brandywine Valley Scenic Byway study area retains its natural and cultural integrity. Conservation easements, land trusts, and transferable development rights are just a few of the tools being used to protect open space. Many townships have strengthened their zoning ordinances to include cluster development options and conservation overlay districts to further protect the region’s resources. Still, there are many challenges ahead as several of the townships face build-out over the next five to ten years. Large tracts of undeveloped land have yet to be protected, and growth pressures continue to threaten important view sheds along the Byway.

Following is a brief summary of development patterns and zoning regulations in each of the townships based on recent comprehensive plans, open space plans, and ordinances.

BirminghamTownship

From 1980 to 2000 BirminghamTownship experienced exceptional growth. Nearly 1,200 acres, or 30% of the total land area, was developed for new residential units. According to the 2002 Comprehensive Plan, an anticipated population growth of 800 to 1,400 persons by 2020 will add about 300 to 500 housing units in the township. New residential development is expected to fill in the developable lands around existing low-density residential communities.

Along the Byway there is some anticipation of limited residential growth on the eastern boundary due to the area’s natural features: steep slopes run along the eastern edge of the Byway, and the lands on the west side are in the floodplain of the Brandywine Creek. Lands in the floodplain are primarily open space. Open spaces along the Byway include the Renwick Farmstead, the private open space of the Reserve at Chadds Ford, and the Radley Run Country Club.

The Comprehensive Plan notes that pressure to build new housing may push this development onto smaller or marginal parcels, such as the steep slopes along the Byway, which would further degrade the township’s historic and scenic landscape and possibly also introduce environmental concerns or issues. The Plan recommends strengthening the zoning ordinance’s restrictions on environmentally sensitive lands, such as floodplains and steep slopes.

The Birmingham Township Trail Network incorporates a large portion of the Byway into the Main Loop Trail from the DelawareCounty boundary to Country Club Road. According to the Subdivision and Land Development Ordinance, future development on lots along the trail will require a minimum width of 15 feet to be dedicated to this linear park. The location of the easement will be reviewed to make sure the topography is conducive for walking, bicycling, and equestrian use.

Current zoning designations along the Byway include Residential-Agricultural (R-A), R-2 Residential, and Eleemosynary–Institutional (E-I)[1]. R-A allows for minimum 3.5-acre lots with 10% maximum coverage. R-2 allows for minimum one acre lots with 20% maximum coverage. E-I permits a planned residential development, golf course, greenhouse, or family daycare home. The minimum lot is two acres with 10% maximum coverage.

The zoning ordinance includes transferable development rights from the R-A district to land located within the Planned Residential Development district (PRD). A PRD is permitted on a site larger than 50 acres with a range of housing types and uses in exchange for the preservation of natural resources and the creation of common open space.

ChaddsFordTownship

ChaddsFordTownship is currently preparing a Comprehensive Plan, as their last Comprehensive Plan dates to 1972. This section will be updated as the planning process continues.

The majority of the current land use around the Byway is agricultural or passive open space, particularly west of the Byway in the floodplain of the Brandywine Creek. East of the Byway, most lands are occupied by single-family residences. There is a concentration of institutional uses on Baltimore Pike and Creek Road (the Township Building is at the intersection of Route 1 and Creek Road, the Sanderson Museum is just north of that intersection, the Chadds Ford Historical Society and the John Chad House are on Creek Road, and the Brandywine River Museum is on Route 1).

In 2007 the Township adopted an Open Space Plan to manage and protect its natural and cultural resources over the next 20 years. Analysis in the plan identified most of the lands adjacent to the Byway as scenic areas with optimal views of the natural landscape. Subsequently, many of these lands were designated by the plan as protection focus areas. A large portion of land west of the Byway was already protected under a conservation easement and excluded from this designation. The plan recommendations include ordinance revisions to encourage permanent protection of scenic areas and vistas, funding to protect high priority lands, and education for landowners about open space protection.

In 2005 the Township passed the Baltimore Pike Overlay District to protect the rural character and drinking water supply along the corridor by restricting development on environmentally sensitive lands. Within the district, the ordinance reestablishes the definition of lot area to exclude areas in utility right-of-ways, easements, floodplains, wetlands, steep slopes, and water resources.

EastBradfordTownship

Over the years, residential growth from West Chester Borough has moved westward into EastBradfordTownship. According to the Strategic Comprehensive Plan Update of 2004, from 1970 to 2000, the township’s population increased nearly 190%. Today, single-family residential uses comprise over 40% of the total land area. The Comprehensive Plan projects a range of 500-700 new residential lots, bringing the Township to build-out between 2010 and 2013. This analysis assumes the continued protection of open space as identified on the Official Map, including several parcels along the Byway that range in size up to 200 acres.

The majority of land along Creek Road and the Brandywine Creek is preserved open space. Overall the most effective land preservation tools have been open space and agricultural easements. As the Byway follows Lenape Road and Strasburg Road east toward West Chester, the zoning ranges from R-1 Residential to R-4 Residential and includes some C-2 and C-3 Commercial, particularly on North Bradford Avenue, the western boundary of West Chester Borough. These higher density zoning classifications and associated land uses are inconsistent with other areas of the Byway and may not promote the desired character of the corridor.

Area and bulk regulations for single-family dwellings do not differ much between the R-1 and R-4 districts with one-acre minimum lots and 15-20% lot coverage. However, in the R-4 district, lots with off-site sewage and water service are permitted on minimum lots of 25,000 sf with 25% coverage. R-4 also allows more intensive residential uses, such as a congregate care campus. R-4 zoning is a desired open space consideration along the Byway. An open space development option for higher-density development and a range of design standards exist for each zoning district. Design standards address landscaping, screening, parking, storage and lighting.

Currently there are no proposed developments along the Byway in East Bradford.

EastMarlboroughTownship

According to the Kennett Area Comprehensive Plan of 2000, the majority of land in EastMarlboroughTownship is low-density residential. Lands are institutional along the Byway as it runs the eastern border of the Township through LongwoodGardens. No land use changes or development are anticipated for this area.

PennsburyTownship

According to the 2006 Comprehensive Plan, approximately 50% of the Township land area is ‘open lands’; this includes agricultural and pasture land, vacant land, parks and recreation, and residential open space owned by homeowners associations. Residential uses comprise the second largest percentage with 42% of the total land area.

Maintaining the Township’s rural character and natural landscape sets the foundation for PennsburyTownship’s land use plan, two goals of which are to contain growth and to limit future development in sensitive natural lands. The plan establishes two land categories: Protected Resource Lands and Potential Growth Areas.

Over 60% of the township’s developable land, including areas along the Byway, is located in Protected Resource Areas, where open space and natural resource protection is a priority and sewer and water infrastructure will not be extended. The area along Creek Road falls within the Resource Conservation district, which includes environmentally sensitive areas of highest priority. In this area, the majority of lands are already protected as Agricultural Security Areas or through a land trust. According to the Pennsylvania Department of Agriculture, agricultural security areas are “intended to promote more permanent and viable farming operations over the long term by strengthening the farming community's sense of security in land use and the right to farm.”[2]

To the west, Route 52 is located in a Rural Residential district, which is a lower density than the Resource Conservation district. The zoning is primarily R-2 Residential which allows for a minimum of two-acre lots with a 15% maximum coverage. A few parcels have an R-3 designation that allows for one-acre lots. The corridor also includes the Historic Village of Fairville, which is zoned VC, or Village Commercial. Village Commercial allows for a minimum of 10,000 square-foot lots with 65% coverage, and fifty-foot front yards. Permitted uses include barbershops, professional offices, antique shops, municipal buildings and museums.

The northern portion of Route 52 along the border of PennsburyTownship near LongwoodGardens is located in the Potential Growth Area. The zoning designations along this portion of the Byway include R-3 and R-4 Residential. An R-4 designation allows for a minimum of 20,000 square-foot lots and 20% maximum coverage.

Conservation design options in the zoning ordinance encourage protection of natural landscapes by giving more development flexibility in lot designs and housing types in exchange for the preservation of existing landscape features. Existing zoning ordinances and potential new zoning districts are currently undergoing review by the Pennsbury Planning Commission.

PocopsonTownship

PocopsonTownship is characterized by suburban development in the southeast, where the Byway runs through the Township, and rural lands in the west and northwest. According to the Comprehensive Plan of 2001, single-family residential uses comprised over 25% of the total land area, and agricultural uses over 42%. In keeping with national trends, agriculture is unfortunately declining in the Township. The Byway is buffered largely by Homeowner’s Associations’ open spaces, and by floodplain areas along the Pocopson Creek and its tributary.

Along the Byway, few lands are still used for agriculture. Most of the land is residential or open space. Near the boundary with BirminghamTownship, there is some industrial land where the Lenape Forge is located. There are also limited commercial uses along the Byway, including LenapeVillage and Simon Pierce in the former Lenape Inn.

The future land use plan designates the majority of the township west of the Byway as a Rural Conservation Area. In this area, preservation of open space is a priority through a series of recommendations, such as creating an open space development option, requiring common open space as a percentage of land development, and limiting development on large parcels to one unit per two acres.

The zoning ordinance classifies residential and agriculture together into one classification, the Residential and Agricultural District (RA). Conventional development requirements include minimum two-acre lots, but there is flexibility in residential development through clustering options and a village design overlay. The ordinance also includes transferable development rights.

KennettTownship

Residential development in KennettTownship has nearly doubled since the 1970s. Much of this growth has followed Route 52 south of Route 1. According to the 2004 Kennett Township Comprehensive Plan, in 2002 just over 47% of the land area was residential and 30.2% was agricultural or deed restricted open space. Almost 44% remains undeveloped land (including vacant land, open space, and parks/recreation). OverallKennettTownship has had success in utilizing the Kennett Land Trust, and funding from the Township Earned Income Tax, the Open Space Tax, and grants as effective land preservation tools.

The majority of the lands adjacent to the Byway are single-family residential lands with the exception of the villages of Hamorton and Mendenhall, and LongwoodGardens. The lands along the Byway are zoned R-2 Residential, R-3 Residential, Planned Residential Development (PRD), and Village (V-1 and V-2) in Hamorton and Mendenhall, respectively. The R-2 Residential designation allows a minimum of two acres per lot and maximum lot coverage of 15%. In R-3 Residential, the minimum lot size is 1.5 acres with maximum lot coverage of 20%.

A PRD district is regulated to encourage preservation of natural features and innovative residential developments. Developers are allowed greater density of units per acre in return for preserving at least 30% of the total tract area. The PRD also encourages a mix of housing types, specifically a minimum of 30% single-family, 10% two-family, and 20% multi-family units. All three PRD districts in the Township (including one along the Byway) are completely built-out, and no future PRD development can occur under current zoning.

The V-2 Village District designation in Mendenhall allows a mix of residential and commercial uses, but limits neighborhood commercial and professional office uses to a maximum gross leasable floor area of 2,000 sf. The minimum lot size is one acre for individual sewer service and 15,000 sf for public sewer. Maximum lot coverage is 50% and maximum building height is 35 feet. Design standards in the code require new construction and modifications to existing structures to use context-sensitive architecture that complements Mendenhall’s historic character. Sidewalks must be provided, and off-street parking must be located in the rear or side of the building.

In the V-1 Village District of Hamorton, commercial uses are limited to properties with frontage on Route 1 and Route 52. Uses allowed by right include residential and agricultural-related operations. Area and bulk regulations differ with each residential use to encourage development that is compatible with existing development patterns. Design standards similar to the V-2 regulations are also in the code, with an additional standard requiring new street construction to follow a traditional grid pattern.

According to the 2004 Comprehensive Plan, the northern Byway area is designated as one of the Township’s Growth Areas. By 2010, the Township could accommodate 500-900 new residential units in these Growth Areas, but current trends predict actual new units to be less than 100. However, the entire Byway area in Kennett can essentially be considered to be built out except for the lands surrounding Hamorton (north of US Route 1) and the lands owned by LongwoodGardens. There is the possibility of a small increase at the Kendal retirement community campus east of Hamorton, but LongwoodGardens lands are not viewed as available for development because it runs counter to Longwood’s long-term strategies. Further, no significant development within the V-1 district can occur absent public sewer service being made available, and presently there are no plans to provide sewer in this section of the Township.[3]

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[1]Eleemosynary is defined as “of, relating to, or dependent on charity.” (

[2](

[3] Information gathered by John Haedrick and Tom Nale, November, 2008.