In addition to the goals listed elsewhere in
this chapter, the district established by this article in accordance
with the Township land use policies and objectives of the Montgomery
Township Comprehensive Plan, as adopted by the Board of Supervisors.
It is intended to achieve the following:
A. To provide for the preservation and protection of
open spaces in the Township and for the protection of existing residential
districts.
B. To encourage a more creative, varied, efficient, attractive
and economical development pattern.
C. To provide an effective means of responding to site
conditions, including preserving floodplains, historic areas, recreation
sites and other areas in a manner consistent with the Township development.
D. To encourage the development of single-family areas,
supported with open space, community facilities and utilities.
E. To encourage the development of housing meeting the
needs of the population at all income levels.
[Amended 9-24-2001 by Ord. No. 01-143Z]
The Cluster Development District shall be an
overlay on the existing R-1 and R-2 Districts of the Zoning Map of
Montgomery Township if permitted as a conditional use by the Board
of Supervisors but shall not apply to properties where there exist
historic structures as identified pursuant to the Historic Preservation
Cluster District. Permitted uses shall be those provided in the district
within which the Cluster Development District is permitted, and no
other. Permitted uses shall not be altered by further designation
as a Cluster Development District.
Applications for designation as a Cluster Development
District shall meet the following minimum requirements:
A. The proposed subdivision shall be a contiguous tract
of land in single and separate ownership of not less than 20 acres.
The Cluster Development District shall permit only single-family detached
dwellings and common open space as provided for in this District.
[Amended 2-28-2005 by Ord. No. 04-190Z]
B. Designation as a Cluster Development District may
be requested only for properties zoned as an R-1 Residential District
or R-2 Residential District at the time of application.
C. The proposed development must be served by municipal
public sewer and municipal public water systems.
D. Common open space shall be required for each tract
area developed pursuant to the Cluster Development District net of
ultimate rights-of-way of existing streets in the minimum amount of
20%.
[Amended 9-24-2001 by Ord. No. 01-143Z]
E. Open space areas created by the application of the
Cluster Development District shall be either:
(1) Retained for private use of the residents or owners
of properties within or adjacent to the development, pursuant to a
covenant or legal corporation in a form approved by the Township Solicitor
and the Township Board of Supervisors; or
(2) Dedicated to and accepted by Montgomery Township or
to any other public agency with the concurrence of the Montgomery
Township Board of Supervisors.
F. No open space parcel shall be proposed for public
dedication of less than 10 acres except where such open space is:
(1) Part of lands designated for public open space in
the Montgomery Township Comprehensive Plan, including stream valleys,
floodplains or park or historic sites;
(2) Contiguous to existing public open space; or
(3) Connected to existing public open space by an easement
or right-of-way other than a dedicated public road.
G. Areas to be preserved as open space should include
those possessing the following characteristics:
(2) Lands adjoining and including any water or drainage
course or body of water subject to periodic flooding or overflow and
delineated as alluvial soils by the Soil Conservation Service, United
States Department of Agriculture, in the Soil Survey of Montgomery
County, 1960 - 1963.
(3) Lands having slopes in excess of 15% or other natural
features worthy of preservation.
(4) Historic sites or areas providing vistas of historic
sites.
(5) Lands suitable for development of public or private
recreation areas.
(6) Areas providing unique or ecological characteristics,
including bird or wildlife sanctuaries and botanical preservation
areas.
H. Landscaping and screening. All landscaping, screening and buffering shall be installed in accordance with the provisions of the Montgomery Township Subdivision Ordinance, No. 18, Chapter
205, Article
VI.
[Added 8-3-1987 by Ord. No. 17-033]
[Amended 6-13-1983 by Ord. No. 17-019]
The overall density of development within the
Cluster Development Districts shall not exceed:
District
|
Dwelling Units
per Gross Acre
|
---|
R-1 Residential
|
1.00
|
R-2 Residential
|
2.00
|
Minimum lot area in a Cluster Development District
shall be:
Zoning District
|
Minimum Lot Size
|
---|
R-1 Residential
|
25,000 (square feet)
|
R-2 Residential
|
12,500 (square feet)
|
[Amended 5-24-1999 by Ord. No. 99-109Z; 7-23-2007 by Ord. No. 07-219Z]
Minimum front, rear and side yard and maximum
impervious surface regulations shall be as follows:
Minimum
|
R-1
Residential
(feet)
|
R-2
Residential
(feet)
|
---|
Lot width at street line
|
50
|
50
|
Width at building line
|
100
|
80
|
Building setback
|
40
|
40
|
Side yard
|
15
|
10
|
Side yard abutting street
|
40
|
40
|
Rear yard
|
30
|
15
|
Maximum impervious surface ratio
|
30%
|
40%
|
Application. An application for designation as a Cluster Development District may be initiated by the owner of lands meeting the minimum requirements of §
230-48 or by the Montgomery Township Planning Commission or Board of Supervisors.
An application for designation as a Cluster
Development District shall be submitted and processed in two parts.
A. Preliminary application.
(1) The preliminary application shall be submitted to
the Board of Supervisors and shall include:
(a)
A map and legal description of the land to be
developed.
(b)
A sketch plan of the development, showing the
proposed locations of all lots, roads, easements, watercourses, tree
masses and areas proposed for open space.
(c)
Evidence of availability of municipal public
sewer and municipal public water.
(d)
A statement as to the proposed use or dedication
for all open space areas.
(2) Approval of the preliminary application for designation
as a Cluster Development District shall be conditional. No approval
shall become final until completion of final application processing
and final subdivision plan approval.
B. Final application.
(1) The final application shall be submitted concurrently
with a subdivision plan pursuant to the Montgomery Township Subdivision
Ordinance. The application shall include the following information
in addition to the requirements of the Subdivision Ordinance:
(a)
The site plan, showing the exact location of
all lots, open space areas, streets and other proposed facilities,
public or private.
(b)
Detailed plans for all open space, including:
[1]
Site plans for all open space areas. Such plans
shall include the following information.
[a] Existing contours at two-foot intervals.
[b] Finished contours at two-foot intervals
after grading or other proposed changes.
[c] Delineation of all areas subject
to periodic flooding or overflow and delineated as alluvial soils
in the soil survey of Montgomery County.
[d] Delineation of all tree masses
and of major trees having a diameter of eight inches or more at a
point measured three feet above the ground.
[e] Outline of existing or proposed
buildings.
[f] Location and slopes of all roads,
drives, parking lots and other hard surface areas.
[2]
Cost estimates for all proposed improvements
in open space areas.
[3]
Legal documents providing for preservation of
all open space areas. Such documents shall be in a form approved by
the Township Solicitor and Board of Supervisors and shall include:
[a] Deed of dedication for all open
space areas proposed for public dedication.
[b] Performance bond escrow agreement
or other approved means of insuring completion of all required improvements
to open space areas proposed for dedication.
[c] Deed restriction to ensure preservation
of all open space areas not proposed for public dedication.
[d] Form of corporation or other approved
nonprofit ownership of open space areas not proposed for public dedication.
[e] A trust indenture or other approved
means of insuring maintenance of open space areas not proposed for
public dedication.
(c)
Erosion and sedimentation control plans. Such
plans shall be submitted to and approved by the Montgomery County
Soil and Water Conservation District prior to commencement at any
grading, regrading or construction within the Cluster Development
District.
(2) Final approval shall be contingent upon approval of
a subdivision plan for the area designated as a Cluster Development
District.
(3) The final application shall be submitted within 180
days of preliminary approval. Failure to submit the final application
within the required time shall void preliminary approval.