The intent of the Township in permitting development
pursuant to this article is as follows:
A. To preserve and enhance the functional value of floodplain
areas in terms of the stormwater runoff, stormwater storage capacity
and groundwater recharge capability, as well as to preserve scenic
value.
B. To preserve existing steep slopes in order to prevent
potential hazard due to erosion and increase slope stability through
proper land planning and management.
C. To preserve and enhance wooded lots and mature vegetation
associated with environmentally sensitive areas, such as floodplains,
slopes and wetlands, as well as nonenvironmentally sensitive areas
for both functional and aesthetic values.
D. To preserve and enhance the architectural character
of historically significant structures and their settings.
E. To preserve and enhance other natural and man-made
sites with irreplaceable value.
F. To enable the creation and maintenance of open space
within the Township to achieve the above-mentioned goals and for the
enjoyment of Township residents.
G. To allow for a reasonable amount of development while
providing maximum design and planning flexibility in order to accomplish
the above-mentioned goals.
H. To implement the objectives of the Upper Merion Township
Comprehensive Plan.
In this article, the following definitions shall
apply:
CLUSTER
A grouping of dwelling units placed closely together in a
logical manner.
COURT
An open space area which is or may be enclosed by buildings
within which a common frontage to a street is shared.
SQUARE ACRE
An area of land on which the figure of a square could be
superimposed so as to include within its sides one acre.
TRANSITIONAL AREA
A buffer comprised of natural or man-made material which
allows for an easy transition from one adjacent different lotting
pattern or use to another.
WOODED LOT
Any lot having more than one viable tree having a caliper
of six inches or greater measured at six inches above the ground per
1,500 square feet of lot area.
The Board of Supervisors may grant a conditional use for a cluster development overlay in accordance with the provisions of §
165-219.1 on sites meeting the following criteria:
A. The tract of land to be developed shall be in a single
ownership or shall be the subject of an application filed jointly
by all the owners of the entire tract who shall stipulate that the
entire tract will be developed in accordance with the approved plan.
B. The tract shall be such that at least five dwelling
units could be developed under the zoning of the tract without the
conditional use, provided that the tract shall contain a minimum of
50,000 square feet in addition to any portion of the tract which is
floodplain, wetland or slope in excess of 15%.
C. The planned development shall be serviced by public
water and sewer systems.
D. The tract shall contain one or a combination of the
following:
(1) Floodplain, as defined by Article
XXXII, on at least 25% of the tract.
(2) Slopes in excess of 15%, as defined by the Montgomery
County Soil Survey or as delineated by a topographic survey of the
site, on at least 25% of the tract.
(3) Wetlands, as determined by the United States Army
Corps of Engineers or other engineer according to the regulations
promulgated by the Army Corps of Engineers, on at least 25% of the
tract.
(4) An historically significant site or structure as listed
in the National Register of Historic Places, the Pennsylvania Historic
Resource Survey, the Montgomery County Inventory of Historic and Cultural
Resources or other appropriate documentation.
(5) An irregular tract configuration caused by historic
ownership patterns, prior subdivisions, takings for public purposes,
highways or other factors causing access problems which might be detrimental
to public safety and/or adjoining property uses which would make development
according to conventional methods or lotting patterns difficult or
undesirable.
(6) Wooded lot area, as determined by the Township Arborist
or other qualified arborist or landscape architect, on at least 10%
of the tract.
In a cluster development, all types of residential
housing, open space and recreational areas and structures shall be
permitted in order to encourage innovative design and preservation
of open space and environmentally sensitive land. All residential
uses shall be subject to the height limitations of the underlying
district. The use and height regulations of the underlying district
shall apply to all other uses, including accessory structures and
signs. Parking shall be provided as required in the underlying district.
The cluster development overlay shall be available as a conditional use, and application shall be made for such approval on forms to be furnished by the Township. All applications for this conditional use shall be made in accordance with the provisions of Article
XXXI herein, and such applications shall be simultaneously considered as a subdivision and/or land development application. Applications for the cluster development overlay conditional use shall submit a plan delineating the features outlined in §
165-69D above in addition to all other requirements of Article
XXXI.