[Added 9-24-2001 by Ord. No. 01-139Z]
In addition to the goals listed elsewhere in
this chapter, the district established by this article is in accordance
with and in furtherance of 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
historic resources and 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 preserve scenic vistas of historic and natural
resources within the Township.
E.
To encourage the development of housing meeting the
needs of the population at all income levels.
The Historic Preservation Cluster District shall be an overlay on the existing Zoning Map of Montgomery Township. The designation "Historic Preservation Cluster District" shall be permitted when approved by conditional use in addition to the residential designation R-1, R-2, and/or R-5 Zoning Districts. Permitted uses shall be specifically limited to single-family detached dwelling and accessory uses on the lot and customarily incidental thereto, subject to the provisions of Article XXI, § 230-149, herein, and permanent open space, the area and arrangement of which shall be subject to approval by the Board of Supervisors.
A.
In order to apply the uses within the Historic Preservation
Cluster District, a parcel of land shall be a contiguous tract of
land in single and separate ownership of not less than six acres.
B.
Designation as an Historic Preservation Cluster District
may be requested only for properties zoned as an R-1 Residential District,
R-2 Residential District, or R-5 Residential District at the time
of application that contains an historic resource either identified
in the Township's Comprehensive Plan or approved by the Township Board
of Supervisors.
C.
The proposed development must be served by public
sewer and public water systems.
D.
Permanent open space shall be required for each tract
developed pursuant to the Historic Preservation Cluster District net
of ultimate rights-of-way of existing streets in accordance with the
following percentages:
|
District
|
Percent of Tract Area Required for Open
Space
| |
|---|---|---|
|
R-1 Residential
|
50%
| |
|
R-2 Residential
|
20%
| |
|
R-5 Residential
|
20%
| |
|
NOTE:
| ||
|
1 “Tract area”
is a defined term.
| ||
E.
The required permanent open space shall be contiguous
where practicable, must surround the preserved historic resources
on the site, and, where possible, maintain scenic views of the historic
resources from surrounding roadways. When more than five acres of
open space are required, then additional open space parcels may be
created. Their area, location, and configuration shall be subject
to the specific approval of the Board of Supervisors, which shall
consider recommendations by the Township Planning Commission.
F.
Permanent open space created by the approval by conditional
use of the Historic Preservation Cluster District may be comprised
of any one or a combination of the following options:
(1)
Retained for private use of the residents or
owners of properties within or adjacent to the development, pursuant
to a covenant or legal entity and facade easements applied to the
historic structures in a form acceptable to the Township Solicitor
and approved by the Township Board of Supervisors; or
(2)
Designated as an estate lot in the proposed
subdivision, with a conservation easement applied to the lot and facade
easements applied to the historic structures acceptable to the Township
Solicitor and approved by the Township Board of Supervisors; or
(3)
Dedicated to and accepted by Montgomery Township
or to any other public or private agency or association with the concurrence
of the Montgomery Township Board of Supervisors for use by the public.
G.
Permanent open space areas, including land surrounding
the historic resources to be preserved, should include when present
the following characteristics:
(1)
Woodlands.
(2)
Farmlands.
(3)
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.
(4)
Lands having slopes in excess of 15% or other
natural features worthy of preservation.
(5)
Areas providing yards around and vistas of historic
resources sites.
(6)
Lands suitable for development of public or
private recreation areas.
(7)
Areas providing unique or ecological characteristics,
including bird or wildlife sanctuaries and botanical preservation
areas.
A.
The overall density of development within the Historic
Preservation Cluster District shall not exceed:
|
District
|
Dwelling Units Per Gross Acre
| |
|---|---|---|
|
R-1 Residential
|
1.00
| |
|
R-2 Residential
|
2.00
| |
|
R-5 Residential
|
2.30
|
B.
A density bonus of up to 10% may be approved as follows:
(1)
Applicant guarantees in a form acceptable to
the Township Solicitor that applicant shall rehabilitate, preserve
and reconstruct historic resources in a manner satisfactory to the
Board of Supervisors.
(2)
The number of lots approved up to the maximum permitted 10% shall be based on applicant's demonstration of cost to implement Subsection B(1) above versus value of additional lots to offset such cost.
(3)
Approval of this option is at the sole discretion
of the Board of Supervisors.
Minimum lot area in an Historic Preservation
Cluster District shall be:
|
Zoning District
|
Minimum Lot Size
|
|---|---|
|
R-1 Residential
|
15,000 square feet
|
|
R-2 Residential
|
10,500 square feet
|
|
R-5 Residential
|
10,500 square feet
|
[Amended 7-23-2007 by Ord. No. 07-219Z
Minimum front, rear and side yard regulations
shall be as follows:
An application for designation as an Historic
Preservation Cluster District may be initiated by the owner of lands
meeting the minimum requirements of this article.
An application for designation as an Historic
Preservation Cluster District shall be submitted and processed in
two parts:
A.
Conditional use application. The conditional use application
shall be submitted to the Board of Supervisors in accordance with
the procedures and standards of the Township's Zoning Ordinance for
conditional use approval. The following additional information shall
also be provided with the conditional use application:
(1)
A map and legal description of the land to be
developed.
(2)
A sketch plan of the development, showing the
proposed locations of all lots, roads, easements, watercourses, historic
resources, tree masses and areas proposed for permanent open space.
(3)
Evidence of availability of public sewer and
public water.
(4)
A written description of the historic resources
located on the site; including a plan for preservation, permanent
protection and maintenance of historic buildings and structures and
timing of implementation.
(5)
A condition of approval may include immediate implementation of Subsection A(4) above in order to preserve the integrity of buildings and avoid demolition by neglect of historic resources.
(6)
A statement as to the proposed use and preservation
of historic resources and permanent open space area on the site.
B.
Subdivision application. A subdivision plan shall
be submitted pursuant to the Montgomery Township Subdivision and Land
Development Ordinance.[1] The subdivision application shall include the following
information in addition to the requirements of the Township's Subdivision
and Land Development Ordinance:
(1)
The site plan, showing the exact location and
areas of all lots, historic resources, permanent open space areas,
streets and other proposed facilities, public or private.
(2)
Cost estimates for all proposed improvements
for historic resources and/or open space areas.
(3)
Legal documents providing for preservation of
all historic resources and open space areas. Such documents shall
be in a form acceptable to the Township Solicitor and approved by
the Board of Supervisors and shall include:
(a)
Deed of dedication for all historic resources
and/or permanent open space areas proposed for public dedication.
(b)
Performance bond escrow agreement or other approved
means of insuring completion of all required improvements to historic
resources and/or permanent open space areas proposed for dedication.
(c)
Deed restriction to ensure preservation of all
historic resources and/or permanent open space areas not proposed
for public dedication.
(d)
Form of entity or other approved ownership of
historic resources and/or permanent open space areas not proposed
for public dedication.
(e)
A homeowners' association declaration or other
approved means of insuring maintenance of historic resources and/or
permanent open space areas not proposed for public dedication.
(4)
Final approval shall be contingent upon the
subdivision plan indicating preservation for the area designated as
Historic Preservation Resource and Permanent Open Space, the area
and management of which shall be consistent with the conditional use
approval.
(5)
Application for final approval shall be submitted
within 180 days of conditional use approval. Failure to submit the
application for final approval within the required time shall void
conditional use approval.
