[Amended 2-11-1988 by Ord. No. 1988-4; 5-23-1990 by Ord. No. 1990-16]
A.
A parcel of land under single ownership zoned as residential
which permits residential cluster development as a matter of right,
with a minimum of three acres, may be designated as subject to the
regulations of this section. Such designation shall be at the discretion
of the Consolidated Land Use Board of Mansfield Township, where the
Consolidated Land Use Board of Mansfield Township determines that
such reduction shall serve the purpose of:
[Amended 3-5-2020 by Ord. No. 2020-5]
B.
The Consolidated Land Use Board of Mansfield Township
may also require that entire developments or just sections of developments
be subject to this section in order to achieve the open space, parkland
and preservation of woodland objectives of this chapter.
[Amended 3-5-2020 by Ord. No. 2020-5]
C.
Applications shall be in compliance with the following
specifications and standards:
(1)
The use will not injure or detract from the use of
neighboring property.
(2)
The use will not detract from the character of the
neighborhood.
(3)
The use of the property adjacent to the area included
in the plan is adequately safeguarded.
(4)
The property is suitable for the intended use.
(5)
The use will serve the best interests of the Township.
(6)
The use will not adversely affect public sewers and
facilities, such as water, sewer, police and fire protection.
(7)
The use will not adversely affect the drainage facilities
in the adjacent neighborhood.
(8)
The proposed use will serve a community need or convenience.
(9)
The project is designed according to a pattern and
under conditions which would encourage only the most desirable type
of development, recognizing that the architectural quality and residential
character of certain neighborhoods in the Township of Mansfield shall
serve, protect and enhance the best interest of health, safety and
general welfare of the Township.
(10)
The proposed use shall exert no detrimental
effect upon surrounding areas because of poor arrangement, parking
and moving of vehicles, impairment of light or circulation of air
and destruction of neighborhood character.
(11)
The proposed use shall constitute no hazard
to the general health or safety nor impairment of the extent or operation
of municipal service.
(12)
Wetlands and all environmental aspects of the
project shall not be negatively impacted.
D.
Maximum lot yield.
[Added 12-10-2003 by Ord. No. 2003-20[1]]
(1)
Prior to submitting an application for a residential
cluster development, the applicant shall submit a subdivision designed
according to the R-1 zoning standards to the Consolidated Land Use
Board of Mansfield Township for review. The plans shall contain sufficient
information to ensure compliance with zoning requirements for the
R-1 Zone and environmental laws such as delineation of wetlands buffer
areas, floodplains and other critical areas. The plan shall address
circulation and drainage. A fully engineered plan shall not be required.
[Amended 3-5-2020 by Ord. No. 2020-5]
(2)
The Consolidated Land Use Board of Mansfield Township
review shall include reports of the Consolidated Land Use Board of
Mansfield Township Traffic Consultant, Engineer and Planning Consultant.
[Amended 3-5-2020 by Ord. No. 2020-5]
(3)
The maximum lot yield for the proposed residential
cluster development shall be the same number of lots as are shown
on the submitted subdivision based on full compliance with zoning,
subdivision and environmental requirements and standards. The maximum
lot yield for the proposed residential cluster development shall not
be based on variances or waivers from required standards for the subdivision.
(4)
The Consolidated Land Use Board of Mansfield Township
shall make a determination as to the maximum lot yield within 45 days
of an application for subdivision review or within such further time
as may be consented to by the applicant.
[Amended 3-5-2020 by Ord. No. 2020-5]
E.
Minimum lot size.
[Amended 10-28-1998 by Ord. No. 1998-13]
(1)
Nonsewered areas. The minimum lot size may be reduced to 40,000 square feet, subject to all of the permeability tests and other provisions as set forth in §§ 65-91.1 and 65-95.2.
(2)
Sewered areas. Proposed development located within
a designated sewer service area, as shown on the Township of Mansfield
Wastewater Management Plan, shall provide reduced minimum lot sizes
as follows, subject to each lot having the ability to connect to an
approvable central sewerage facility:
[Amended 4-24-2002 by Ord. No. 2002-9]
(a)
A minimum of 25% of the total number of lots
shall be at least 30,000 square feet in size.
(b)
A maximum of 25% of the total number of lots
may be reduced to not less than 20,000 square feet in size.
(c)
The balance of the total number of lots may
be reduced to not less than 25,000 square feet in size.
F.
The bulk area standards shall be as follows:
[Amended 10-28-1998 by Ord. No. 1998-13]
(1)
Nonsewered areas.
(a)
Lot size: 40,000 square feet minimum.
(b)
Lot frontage: 150 feet minimum.
(c)
Lot depth: 200 feet minimum.
(d)
Front yard: 35 feet minimum.
(e)
Rear yard: 50 feet minimum.
(f)
One side yard: 20 feet minimum.
(g)
Both side yards combined: 50 feet.
(h)
Lot coverage: 25% maximum.
(i)
Height: 35 feet maximum.
(2)
Sewered areas.
(a)
Lot frontage for lots of less than 30,000 square
feet: 100 feet minimum.
(b)
Lot frontage for lots of 30,000 square feet
or more: 150 feet minimum.
(c)
Lot depth: 200 feet minimum.
(d)
Front yard: 35 feet minimum.
(e)
Rear yard: 50 feet minimum.
(f)
Each side yard: 10 feet minimum.
(g)
Lot coverage: 25% maximum.
(h)
Height: 35 feet maximum.
(3)
Wetlands and wetland buffers may not be part of the
required minimum rear yards.
[Amended 12-10-2003 by Ord. No. 2003-20]
G.
The reduction of lot sizes shall be designed so that
when the amount of land reserved under the requirements of this section
is added to the dwelling lots, the two will be equal to the lot size
requirements of the district in which it is located.
H.
The maximum number of lots that may be clustered per
project shall not exceed 49 lots.
I.
When a residential clustered development is permitted
by the Consolidated Land Use Board of Mansfield Township, the reserved
land resulting from the clustered housing design may be dedicated
to and accepted by the Township, dedicated to a homeowners' association
or retained in private ownership.
[Amended 8-11-1999 by Ord. No. 1999-15; 3-5-2020 by Ord. No. 2020-5]
(1)
Use of lands dedicated to and accepted by the Township
shall be limited to agricultural uses, including farm buildings, woodland,
conservation purposes, public educational facilities for grades kindergarten
through 12 or municipal uses, including recreation.
(2)
Use of lands dedicated to a homeowners' association
shall be limited to agricultural uses, including farm buildings, woodland,
conservation purposes or private recreational uses for members of
the homeowners' association.
(3)
Use of lands to be retained in private ownership shall
be limited to agricultural uses, including farm buildings, woodland
or conservation purposes.
(4)
The reserved land shall be restricted against future
development, except as specified in § 65-82H(1) through
(3) by the filing of a deed to record the restrictions on use and
annotation of the use restrictions on the filed plat. The wording
of the deed and the annotation on the filed plat shall be subject
to the review and approval of the Consolidated Land Use Board of Mansfield
Township Attorney.
[Amended 3-5-2020 by Ord. No. 2020-5]
(5)
In addition, municipal uses, including recreation,
private recreational uses and public educational uses, shall receive
the approval or the positive recommendation of the Township Consolidated
Land Use Board.
[Amended 3-5-2020 by Ord. No. 2020-5]
J.
The disposition and control of such reserved open space land shall be in accordance with Article XVII of this chapter.
K.
All projects shall be responsible for providing active
recreation facilities and/or a contribution in lieu thereof.