[Added 8-13-1984 by Ord. No. 84-467;
amended 8-17-1987 by Ord. No. 87-525]
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:
A grouping of dwelling units placed closely together in a
logical manner.
An open space area which is or may be enclosed by buildings
within which a common frontage to a street is shared.
An area of land on which the figure of a square could be
superimposed so as to include within its sides one acre.
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.
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:
(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.
A.
The maximum density of the entire cluster development
shall be calculated by dividing the developable acreage of the tract
by the minimum lot size in the underlying district. Where a tract
lies in two separate zoning districts, the maximum density under this
article shall be computed as though the entire tract was located in
that district which provides the lesser density. Notwithstanding the
foregoing, the following standards shall also apply. In the case of
any difference in the computation of maximum density, the lesser density
shall apply.
(1)
The maximum density of any square acre shall not exceed
eight dwelling units. A dwelling unit shall be counted as included
in a square acre if any portion thereof falls within the square acre.
(2)
If a tract contains slopes of 25% or greater, that
portion of the tract with slopes of 25% or greater shall be excluded
from the computation of the developable acreage and shall not be built
upon.
(3)
If a tract contains slopes in excess of 15% but less
than 25%, one-half (1/2) of that portion of the tract with slopes
in excess of 15% but less than 25% shall be excluded from the computation
of developable acreage. Slopes in excess of 15% shall not be built
upon.
(4)
If a tract contains in excess of 50% floodplain and/or
wetlands, 1/2 of that portion of the tract containing floodplain and/or
wetlands shall be excluded from the computation of developable acreage.
B.
The maximum allowable building coverage of land not
devoted to transitional area shall be the total square feet of building
coverage permitted on the underlying district on the number of lots
created by the development (or dwelling units if the development is
held in condominium ownership and not separately lotted).
C.
Minimum dimensional standards shall be as follows:
|
Dimension
|
Single-Family Detached
(feet)
|
Single-Family Attached
(feet)
|
Other Types
(feet)
| ||
|---|---|---|---|---|---|
|
Front yard
| |||||
|
Public street
|
30
|
30
|
30
| ||
|
Private street
|
20
|
20
|
20
| ||
|
Private court
|
15
|
15
|
15
| ||
|
Rear yard
|
25
|
25
|
25
| ||
|
Distance between buildings
|
20
|
30
|
30
| ||
A.
Common open space in all cluster developments shall
be designed in accordance with the following standards:
(1)
Common open space shall be contiguous to the development
and not separated by existing streets.
(2)
Common open space areas shall be designed as a continuous
system of open space and shall be interconnected with open space areas
on abutting parcels whenever possible.
(3)
Common open space shall be provided with safe and
convenient access to the residentially developed area of the tract
by adjoining frontage on streets or easements capable of accommodating
pedestrian, bicycle and maintenance vehicle traffic. The common open
space shall contain appropriate access improvements and shall be provided
with perimeter parking areas where appropriate.
(4)
Common open space shall include a transition or buffer
area surrounding the perimeter of the entire tract. This transition
area shall be at least equal to the area required for front yards
in the underlying zoning district and shall not contain any structures
or parking areas. Only the required ingress and egress of streets
shall be allowed in the transition area. The transition area shall
not be included in any of the lots.
B.
Provision for ownership and maintenance of the common
open space shall be made in a manner so as to ensure its preservation.
To that end, the Township may accept dedication of the common open
space or any interest therein for public use and maintenance, but
the Township need not require that the common open space be dedicated
nor accept a dedication of the common open space if offered. The developer
shall provide for and establish an organization for the ownership
and maintenance of the common open space consistent with the requirements
for such organizations and maintenance found in the Pennsylvania Uniform
Condominium Act, 68 Pa. C.S.A. § 3101 et seq. If such an
organization is created, the deed for the common open space and for
all individual lots within the tract shall contain the following requirements
in language acceptable to the Township Solicitor:
(1)
Such organization shall not dispose of the common
open space by sale or otherwise except to the Township or other governmental
body unless the Township has given prior approval. Such transfer shall
be made only to another organization, which shall maintain the common
open space in accordance with the provision of this chapter.
(2)
The organization and all lot owners within the development
shall agree to be bound by the provisions of Section 705(d)(2) and
(3) of the Municipalities Planning Code, Act of July 31, 1968, P.L.
805, No. 247, as amended, 53 P.S. § 10705(d)(2) and (3),
relating to Township maintenance of deteriorating open space and providing
for the ability of the Township to assess and lien the properties
within the development.
(3)
All lot owners shall be required to become members
of the organization and pay assessments for the maintenance of the
common open space.
(4)
The Township may require the formation of a reserve
fund to cover capital improvements to the common space.
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.
