[Added 9-17-1997 by Ord. No. 159]
In expansion of the declaration of legislative intent found in Article I, § 150-2, of this chapter and the statement of community development objectives found in Article I, § 150-3, of this chapter, the primary purpose of the Land Preservation District (LPD) is to preserve open land, sensitive natural areas and rural community character that would be lost under conventional development. In addition, the intent of this district is to permit a reasonable amount of residential development in the form of small, compact neighborhoods of single-family detached homes in an open space setting, located and designed to reduce the perceived intensity of development, preserve natural features and farmland and provide privacy and neighborhood identity. Specific objectives are as follows:
A.
To preserve open land, including those areas containing
unique and sensitive natural features such as woodlands, steep slopes,
streams, floodplains and wetlands, by setting them aside from development.
B.
To preserve scenic views and elements of the Township's
rural character and to minimize perceived density by minimizing views
of new development from existing roads.
C.
To provide greater design flexibility and efficiency
in the siting of services and infrastructure, including the opportunity
to reduce length of roads, utility runs and the amount of paving required
for residential development.
D.
To create compact neighborhoods with direct visual
access to preserved open land, with amenities in the form of neighborhood
open space, and with a strong neighborhood identity.
E.
To implement the goals of the Township's Comprehensive
Plan and Open Space/Recreation Plan.
F.
To reduce erosion and sedimentation by the retention
of existing vegetation and the minimization of development on steep
slopes.
G.
To create new woodlands through natural succession
and reforestation where appropriate and to encourage the preservation
and improvement of habitat for various forms of wildlife.
H.
To preserve areas of the Township with productive
agricultural soils for continued or future agricultural use by preserving
blocks of land large enough to allow for efficient farm operations.
I.
To provide for the preservation and maintenance of
open land within the Township to achieve the above-mentioned goals
and for active or passive recreational use by residents.
Land in the LPD Land Preservation District may
be used for the following purposes:
A.
Single-family detached dwellings, in accordance with
one of the following development alternatives:
(1)
In accordance with the regulations of the AGR Agricultural District as specified in § 150-11B.
[Amended 3-22-2006 by Ord. No. 208]
(2)
By conditional use, as a land preservation cluster,
in accordance with the density and dimensional standards of the LPD
District, provided that the tract is 10 acres or greater in size,
at least 70% of the tract is in open land, and lots are served by
public sewers and public water.
B.
Open land, including neighborhood open space, comprising a portion of an LPD residential development, in accordance with the requirements of § 150-110.24. Neighborhood open space is a specific type of open land.
[Amended 3-22-2006 by Ord. No. 208]
C.
Any use, other than single-family detached dwellings,
permitted in the AGR Agricultural District, provided that such use
meets all requirements of the AGR District.
[Amended 3-22-2006 by Ord. No. 208]
The following standards apply to all residential development proposed under § 150-110.22A(2), except that a residence existing as of the date of adoption of this article does not need to be included in a neighborhood or to meet any of the other standards in this section:
A.
All lots shall be grouped into neighborhoods which
shall contain at least five but no more than 25 lots and are surrounded
by open land.
B.
The maximum or minimum number of lots in a neighborhood
may be increased or decreased, and neighborhoods may be assembled
into larger groupings with the approval of the Board of Supervisors.
However, the applicant must demonstrate that such an alternative plan
is more appropriate for the tract in question and will meet both the
general intent and design standards of this chapter, rather than being
intended solely for economic savings.
C.
Neighborhoods are defined by the outer perimeter of
contiguous lotted areas or abutting roads and may contain lots, roads
and neighborhood open space.
D.
A plan may contain one or more neighborhoods.
E.
Neighborhoods shall not encroach upon floodplain,
wetlands or land with slopes of 15% or greater.
F.
The outer boundaries of each neighborhood shall meet the neighborhood setback requirements specified in § 150-110.26C herein.
G.
Neighborhoods shall be defined and separated by open
land in order to provide direct access to open space and privacy to
individual yard areas.
H.
Views of neighborhoods from exterior roads and abutting
properties shall be minimized by the use of changes in topography,
existing vegetation or additional landscaping which meets the LPD
landscaping requirements of the Township's Subdivision and Land Development
Ordinance.[1]
I.
All lots in a neighborhood shall take access from
interior roads, rather than roads exterior to the tract.
J.
Neighborhood open space standards. A neighborhood
with 10 or more residential lots must provide neighborhood open space
in compliance with the following standards:
(1)
The neighborhood shall have at least 1,000 square
feet of open space per lot but no more than 6,000 square feet of open
space per lot.
(2)
The open space shall be central to the neighborhood
it serves. Open space used to separate neighborhoods may not be counted
as neighborhood open space.
(3)
All lots in a neighborhood shall face neighborhood
open space or other open land (directly or across a road) for the
full width of the lot, measured from the front or the rear of the
lot. This open space shall be at least 30 feet in depth.
(4)
Neighborhood open space shall have a minimum
of 100 feet of road frontage and a minimum average width of 35 feet,
measured along the narrowest dimension of the open space.
(6)
The neighborhood open space may contain stormwater
detention basins or parking areas, but these shall not be included
in the required 1,000 square feet per lot.
(7)
The neighborhood open space shall count toward
meeting the 70% open land requirements of the LPD.
Protected open land shall meet the following
standards:
A.
The following uses are permitted in open land areas:
(1)
Conservation of open land in its natural state
(for example, woodland, fallow field or managed meadow).
(2)
Agricultural uses, including raising of crops
or livestock and farm buildings, excluding residences, which are needed
to serve an active, viable agricultural operation.
(3)
Neighborhood open space as specified in § 150-110.23 herein.
[Amended 3-22-2006 by Ord. No. 208]
(4)
Passive noncommercial recreation including,
but not limited to, trails, picnic areas, community gardens and lawn
areas.
(5)
Active, noncommercial recreation areas, such as playfields, playgrounds and courts, meeting the setback requirements in § 150-110.26C herein.
[Amended 3-22-2006 by Ord. No. 208]
(6)
Wells and sewage drainage fields.
(7)
Pasture for horses in accordance with the requirements
of § 150-177B(4) of the Zoning Ordinance.
(8)
Easements for drainage, access, sewer lines,
waterlines or recreational purposes.
(9)
Stormwater management facilities for the proposed
development, provided that such facilities occupy no more than 10%
of the required amount of open land.
(10)
Parking areas where necessary to serve active
recreation facilities with the appropriate number of spaces to be
determined by the Board of Supervisors.
(11)
Underground utility rights-of-way. Aboveground
utility and road rights-of-way may pass through open land areas but
shall not count toward the required minimum 70% total open land requirement.
B.
No portion of any building lot or road right-of-way
area may be used for meeting the minimum required amount of open land.
C.
Open land areas, except for neighborhood open space
and neighborhood setback areas, shall be located between existing
public roads and the proposed homes. The proposed homes shall be located
as far from public roads as the neighborhood setbacks and environmental
conditions will allow. The only exceptions to this location requirement
are listed below:
(1)
When the open space shall be used for a public
park or trail connection shown in the Township's Open Space Plan and/or
Comprehensive Plan, this open space may be located away from existing
public roads, with the proposed homes closer to existing public roads,
provided the Township Supervisors determine that the proposed park
or trail area meets Township goals and policies.
(2)
When there are significant woodlands, steep
slopes, wetlands, floodplains and/or historic buildings that would
be preserved or protected by relocating the open space, this open
space may be located away from existing public roads, provided that
the Township Supervisors determine that the proposed preservation
area meets Township goals and policies outlined in the Township's
Open Space Plan and/or Comprehensive Plan.
D.
Safe and convenient pedestrian and maintenance access
shall be provided to open land areas that are not used for agricultural
purposes.
E.
Natural features shall generally be maintained in
their natural condition, but may be modified to improve their appearance,
functioning or overall condition, as recommended by experts in the
particular area being modified. Permitted modifications may include:
A.
All open land shall be permanently restricted from future subdivision and development. Under no circumstances shall any development be permitted in the open space at any time, except for those uses listed in § 150-110.24A above.
[Amended 3-22-2006 by Ord. No. 208]
B.
Ownership. The following methods may be used, either
individually or in combination, to own common facilities; however,
open land shall be initially offered for dedication to the Township.
Common facilities shall not be transferred to another entity except
for transfer to another method of ownership permitted under this section,
and then only when there is no chance in the common facilities or
in the open space ratio of the overall development. Ownership methods
shall conform to the following:
(2)
Condominium association. Common facilities may
be controlled through the use of condominium agreements. Such agreements
shall be in accordance with the Pennsylvania Uniform Condominium Act
of 1980, as amended.[1] All open land and common facilities shall be held as "common
element."
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101
et seq.
(3)
Homeowners' association. Common facilities may be held in common ownership by a homeowners' association, subject to all of the provisions for homeowner's associations set forth in Article VII, Section 705(f) of the Pennsylvania Municipalities Planning Code.[2] In addition, the following regulations shall be met:
(a)
The applicant shall provide the Township a description
of the organization of the proposed association, including its bylaws,
and all documents governing ownership, maintenance and use restrictions
for common facilities.
(b)
The proposed association shall be established
by the owner or applicant and shall be operating (with financial subsidization
by the owner or applicant, if necessary) before the sale of any dwelling
units in the development.
(c)
Membership in the association shall be mandatory
for all purchasers of dwelling units therein and their successors
and assigns.
(d)
The association shall be responsible for maintenance
and insurance of common facilities.
(e)
Written notice of any proposed transfer of common
facilities by the association or the assumption of maintenance for
common facilities must be given to all members of the association
and to the Township no less than 30 days prior to such event.
(f)
The association shall have adequate staff to
administer, maintain and operate such common facilities.
[2]
Editor's Note: See 53 P.S. § 10705(f).
(4)
Transfer to a private conservation organization
or Montgomery County. With permission of the Township, an owner may
transfer either fee simple title of the open space or easements on
the open space to a private nonprofit conservation organization or
Montgomery County, provided that:
(a)
The conservation organization is acceptable
to the Township and is a bona fide conservation organization intended
to exist indefinitely.
(b)
The conveyance contains appropriate provisions
for proper reverter or retransfer in the event that the organization
or Montgomery County becomes unwilling or unable to continue carrying
out its functions.
(c)
The open space is deed restricted against development
and the Township is given the ability to enforce these restrictions.
(d)
A maintenance agreement acceptable to the Township
is established between the owner and the organization or Montgomery
County.
(5)
Dedications of easements to the Township. The
Township may, but shall not be required to, accept easements for public
use of any portion of the common facilities. In such cases, the facility
remains in the ownership of the condominium association, homeowners'
association or private conservation organization while the easements
are held in public ownership. In addition, the following regulations
shall apply:
C.
Maintenance. Unless otherwise agreed to by the Board
of Supervisors, the cost and responsibility of maintaining common
facilities and open land shall be borne by the property owner, condominium
association, homeowners' association or conservation organization.
(1)
The applicant shall, at the time of preliminary
plan submission, provide a plan for maintenance and operation of common
facilities, in accordance with the following requirements:
(a)
The plan shall define ownership.
(b)
The plan shall establish necessary regular and
periodic operation and maintenance responsibilities.
(c)
The plan shall estimate staffing needs, insurance
requirements and associated costs and define the means for funding
the maintenance and operation of the open space on an ongoing basis.
Such funding plan shall include the means for funding long-term capital
improvements as well as regular yearly operating and maintenance costs.
(d)
At the Township's discretion, the applicant
may be required to escrow sufficient funds for the maintenance and
operation costs of common facilities for up to one year.
(e)
Any changes to the maintenance plan shall be
approved by the Township Board of Supervisors.
(2)
Failure to maintain facilities; corrective action.
(a)
In the event that the organization established to maintain common facilities, or any successor organization thereto, fails to maintain all or any portion of the common facilities in reasonable order and condition, the Township may, in accordance with Article VII, Section 705 of the Pennsylvania Municipalities Planning Code,[3] assume responsibility for maintenance, in which case any
escrow funds may be forfeited and any permits may be revoked or suspended.
[3]
Editor's Note: See 53 P.S. § 10705.
(b)
The Township may enter the premises and take
corrective action. The costs of such corrective action may be charged
to the property owner, condominium association, homeowners' association,
conservation organization or individual property owners who make up
a condominium or homeowners' association and may include administrative
costs and penalties. Such costs shall become a lien on said properties.
Notice of such lien shall be filed by the Township in the office of
the Prothonotary of the county.
All development and use of land for a land preservation
cluster under the LPD District standards shall meet the following
density and dimensional standards:
A.
Density. The following two steps shall be used to
calculate density:
(1)
A yield plan, showing the maximum number of lots that could be developed, shall be prepared for the tract proposed for subdivision. This yield plan shall meet the lot size and other dimensional standards of §§ 150-12 through 150-17 of the AGR Agricultural District, as well as the lot area calculation and all other applicable standards of the Township's Zoning and Subdivision and Land Development Ordinances.
(2)
The number of residential lots permitted under
the yield plan shall be the number of lots permitted for a land preservation
cluster.
[Amended 3-22-2006 by Ord. No. 208]
B.
Dimensional standards.
(1)
Minimum tract size: 10 acres.
(2)
Minimum common open land (percent of gross tract
acreage): 70%.
(3)
Minimum lot size: 15,000 square feet.
(4)
Average lot size for all lots in an LPD development:
18,000 square feet.
(5)
Minimum lot width: 75 feet.
(6)
Minimum front yard: 25 feet.
(7)
Minimum side yard: 15 feet.
(8)
Minimum rear yard: 25 feet.
(9)
Maximum building coverage (percent of lot area):
15%.
(10)
Maximum impervious coverage (percent of lot
area): 25%.
C.
Neighborhood setbacks. The outer boundaries of all
neighborhoods shall meet the following setbacks. The boundary is defined
as the outer edge of lots abutting open land or of roads adjacent
to the fronts of those lots.
(1)
From preexisting secondary collector and primary
street ultimate rights-of-way, as defined by the Township: 300 feet.
(2)
From all other preexisting ultimate rights-of-way,
as defined by the Township: 200 feet.
(3)
From all other tract boundaries: 100 feet.
(4)
From existing homes on abutting properties:
300 feet.
(5)
From cropland or pasture land: 50 feet.
(6)
From buildings or barnyards housing livestock:
200 feet.
(7)
From other residential neighborhoods within
the same development: 100 feet.
(8)
From active recreation areas such as courts
or playing fields (not including tot-lots): 100 feet.
(9)
All setback areas along external roads shall
be landscaped to preserve scenic views and integrate the neighborhood
into the surrounding landscape. This shall be done by deciduous reforestation,
hedgerow preservation, use of naturalistic plantings and land forms
or other similar landscaping technique. All plantings should comply
with the landscape ordinance in the Township's Subdivision and Land
Development Ordinance.[1]
(10)
The minimum setbacks set forth in § 150-110.26C(1) through C(8) above may be reduced by 50% at the discretion of the Township Board of Supervisors when the criteria set forth in § 150-110.24C have been met.
[Amended 3-22-2006 by Ord. No. 208]
A.
Water supply. All dwellings in an LPD land preservation
cluster shall be served by public water supply facilities.
B.
Sewage disposal.
(1)
All dwellings in an LPD land preservation cluster
shall be served by public sewers.
(2)
All buildings, lagoons, spray irrigation fields
and other aboveground elements associated with sewage disposal shall
be set back at least 100 feet from property lines. All below ground
elements, except for those elements crossing a property line, shall
be set back at least 30 feet from property lines.
All conditional use applications for a land
preservation cluster under this article shall include a sketch plan
which shows the following information:
A.
A yield plan showing the maximum number of lots that
could be developed under the standards of the AGR Agricultural District
with sufficient information (normally required for a preliminary plan)
to be able to correctly determine the maximum number of lots which
could be developed under AGR standards.
B.
A calculation showing the maximum number of lots permitted
under the LPD standards.
C.
The proposed layout of the residential lots and open
space including topography, any existing improvements and all natural
features on the site including streams, waters of the commonwealth,
floodplains, wetlands, woodlands and slopes in excess of 10%.
D.
The location of proposed neighborhood open space,
including a calculation showing the amount of required open space
for each neighborhood.
E.
The location of neighborhoods and how views of these
neighborhoods will be screened from exterior roads and abutting properties.
