[Added 5-14-2003 by Ord. No. 855]
It is the intent of this zoning district to:
A. 
Provide for a reasonable amount of residential development in the form of compact neighborhoods of single-family detached homes clustered together in an open space setting.
B. 
Preserve natural features such as woodland, steep slopes, wetlands, and floodplains and provide open space for residents of each development.
C. 
Provide greater design flexibility and efficiency in the siting of services and infrastructure.
D. 
Implement the goals of the Township Comprehensive Plan and Open Space Plan, specifically:
(1) 
Provide for permanent preservation of remaining open space areas.
(2) 
Provide for appropriate development of undeveloped or underdeveloped land.
(3) 
Preserve natural, scenic, cultural and historic resources.
E. 
The provisions of an overlay district shall serve as a supplement to the underlying district. Where there are conflicts between the provisions of the AAA Residential District and those of the underlying district, the more restrictive provisions shall apply.
A. 
Single-family detached dwelling on a:
(1) 
Cluster lots. On tracts of land containing a minimum of 10 acres or more with central (not individual, on-lot) sewer and water systems, cluster lots that are physically grouped or clustered on a portion or portions of a tract while preserving the remaining land as permanent open space. Cluster lot plans shall meet the neighborhood and open space design standards of this district.
(a) 
Historic lots. As part of a cluster development, historic lots may be created, in accordance with the standards and requirements of § 114-3A2D and 114-3A4B, in order to preserve existing buildings compatible with the neighborhood.
(2) 
Estate lots. On tracts of 10 acres or more estate lots shall be arranged in such a fashion to preserve natural, scenic, cultural and historic resources.
(3) 
Standard lots. Standard lots shall be permitted only on tracts of land less than 10 acres existing as of the date of adoption of this district. Standard lotting does not physically group lots and is not required to meet the open space and neighborhood design requirements of this district. Standard lot dimensional and use requirements are as set forth in the existing underlying zoning district.
B. 
Open space and open space uses, such as a United-States-Golf-Association-style golf course, park, nature preserve, arboretum.
C. 
Church or chapel, including residence for immediate staff, when authorized by special exception. Dimensional standards and development regulations shall be provided as set forth in §§ 114-8D2 through 114-8D5 of this chapter.
D. 
Elementary and nursery school or a family day-care home, when authorized by special exception. Dimensional standards and development regulations shall be provided as set forth in §§ 114-8D2 through 114-8D5 of this chapter.
E. 
Accessory use on the same lot with, and customarily incidental to, a permitted use.
A. 
Single overall plan. The proposed development shall be the subject of an initial application filed by the owners of the entire tract of land, and the tract shall be designed and developed in a unified manner under a single direction and in accordance with the requirements of this chapter.
B. 
Density. Density shall not exceed the maximum density for the total tract of land derived by submitting a yield subdivision plan showing the number of building lots permitted in the developable acreage under the existing requirements of the applicable underlying zoning classification(s). When the maximum density for the entire tract has been determined in accordance with the foregoing procedure, the tract may then be developed with lot sizes specified herein and common open space (as defined and regulated in this article) in order to preserve natural features and provide for play or recreational areas, ponds, and drainage facilities.
C. 
Dimensional standards table.
Dimensional Standard
Cluster Lots
Estate Lots
Minimum tract size
10 acres or more
10 acres or more
Maximum density, based on underlying zoning district
AA Residential
Each lot/25,000 square feet
Each lot/87,120 square feet
All other zoning districts
Each lot/12,500 square feet
Each lot/43,560 square feet
Minimum lot size
AA Residential
10,000 square feet
70,700 square feet
All other zoning districts
8,000 square feet
35,000 square feet
Minimum open space (as a percentage of gross developable acreage)
50%
20%
Minimum lot width
80 feet
150 feet
Minimum building setbacks
Front yard
30 feet
75 feet
Side yard
15 feet
40 feet
Rear yard
25 feet
50 feet
Maximum building coverage
20%
10%
Maximum building height
35 feet
35 feet
Notes: All lot area is net developable area
D. 
Historic lots.
(1) 
Minimum lot size: one acre.
(2) 
Minimum lot width: 100 feet.
(3) 
Minimum building setbacks:
(a) 
Front: 50 feet.
(b) 
Side: 25 feet.
(c) 
Rear: 25 feet.
(4) 
Maximum building coverage: 15%.
(5) 
Maximum building height: 35 feet.
E. 
Site capacity calculation.
(1) 
All development shall be in accordance with a site capacity calculation using net developable acreage (NDA). Site capacity shall determine the total number of dwelling units permitted on the site.
(2) 
In the above calculation, the following shall apply:
(a) 
Floodplain areas shall be as identified in § 114-12A(2) of this chapter.
(b) 
Where two or more features overlap, the overlapping acreage shall be counted only once and the most restrictive standard shall apply.
(c) 
Total site capacity (density) shall be determined by the procedure set forth in § 114-3A2B above.
F. 
Cluster development setbacks.
(1) 
The outer boundaries of lots in each neighborhood in a cluster development shall meet the following setbacks. All setback areas along roads shall be landscaped in accordance with the standards of Chapter 95 (Subdivision of Land).
(a) 
From external arterial road ultimate rights-of-way: 200 feet.
(b) 
From all other external road ultimate rights-of-way: 100 feet.
(c) 
From all tract boundaries: 100 feet.
(d) 
From other residential neighborhoods within the development: 100 feet.
(e) 
From wetlands, floodplain, watercourses or waterbodies: 75 feet.
(f) 
From active recreation areas: 150 feet.
(2) 
These standards may be reduced by the Township Board of Commissioners in accordance with the following:
(a) 
Setbacks from roads may be reduced to a minimum of 50 feet if the applicant can demonstrate that existing vegetation, topography, or other environmental feature(s) form an effective visual buffer along the road, or that one can be created by new landscaping.
(b) 
All other setbacks may be reduced to 1/2 of the requirement if the applicant can demonstrate that a reduction improves compliance with the neighborhood design standards of § 114-3A4, the legislative intent of this article, and the goals of the Township Comprehensive Plan.
G. 
Estate lot requirements.
(1) 
Estate lots shall be restricted from further subdivision by permanent covenants placed on each deed and duly noted on the approved subdivision plans.
(2) 
Wetlands, floodplain areas, riparian corridors, and slopes with a grade of 15% or more shall be preserved and maintained in their natural condition.
(3) 
Woodlands shall be preserved to the greatest extent possible. When woodlands are proposed to be destroyed, applicants shall demonstrate that it is not feasible to preserve the woodlands with an alternative street and lot layout. Tree replacement shall be as set forth in the Township Subdivision of Land Ordinance.[1]
[1]
Editor's Note: See Ch. 95, Subdivision of Land.
(4) 
Homes within estate lots shall be set back at least 25 feet from wetlands, floodplain areas, streams, slopes with a grade of 15% or more, and preserved woodlands.
The initial proposal for a development shall include an inventory and analysis of the site. The following site elements shall be inventoried and mapped in sufficient detail to allow evaluation of the plan by the Township relative to the intent of this article.
A. 
Physical resources. Identification of resources associated with the natural environment of the site, including topography, soils, hydrology, and vegetation.
B. 
Land use. Current land use and land cover, all building and structures, and all encumbrances (e.g., easements, covenants).
C. 
Visual resources. Scenic views onto the site from surrounding roads and public areas and views of scenic features from within the site.
D. 
Cultural and historic resources. Brief description of historic character of buildings and structures and the proposed disposition of the resource(s).
E. 
Context. General outlines of buildings, land use, and natural features within 100 feet of the site.
A. 
Cluster developments; neighborhood requirements.
(1) 
All lots shall be grouped into neighborhoods that shall contain at least five but no more than 25 lots and be surrounded by open land. Neighborhoods are defined by the outer perimeter of contiguous lotted areas or abutting roads and may contain lots, roads, and neighborhood open space.
(2) 
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 Township Board of Commissioners. 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 article.
(3) 
Disturbance to woodland, hedgerows, mature trees or other significant vegetation shall be minimized.
(4) 
Neighborhoods shall be defined and separated by open land in order to provide direct access to open space and privacy to individual yard areas. Neighborhoods may be separated by roads if the road is designed as a parkway, which is a landscaped island separating the two cartways of the road, the design of which shall be approved by the Board of Commissioners.
(5) 
Views of neighborhoods from existing, exterior roads shall be minimized by the use of changes in topography, existing vegetation or additional landscaping.
(6) 
To the extent reasonably possible, all lots in a neighborhood shall take access from interior roads rather than roads external to the site.
(7) 
At least 75% of lots in a neighborhood shall face neighborhood open space or other open land (directly or across a road) measured from the front, side, or the rear of the lot. This open space shall be at least 50 feet in depth.
(8) 
Neighborhood open space. A neighborhood with 10 or more residential lots must provide neighborhood open space at a minimum rate of 1,000 square feet per lot, in compliance with the following:
(a) 
The open space shall be central to the neighborhood it serves.
(b) 
The open space shall be surrounded along at least 50% of its perimeter by roads, shall have a minimum of 100 feet of road frontage and a minimum average width of 50 feet, except when alternative design requirements are approved by the Board of Commissioners.
(c) 
It may contain stormwater detention basins or parking areas, but these shall not be included in the required 1,000 square feet per lot.
(d) 
Existing trees. When feasible, existing healthy trees and shrubs shall be preserved within central open space area.
(e) 
Street trees. Street trees shall be provided along the perimeter of neighborhood open space areas that border streets, in accordance with Chapter 95 (Subdivision of Land).
(f) 
Road width. The width of a road cartway may be reduced to 20 feet within neighborhoods when the required neighborhood open space is surrounded on all sides by roads and traffic is directed around the open space in a one-way direction. The cartway shall accommodate one travel lane and one parking lane.
(g) 
Neighborhood open space shall count toward meeting the total required open space.
B. 
Open space.
(1) 
The following uses are permitted in open space areas:
(a) 
Conservation of open land in its natural state (e.g., woodland).
(b) 
Neighborhood open space.
(c) 
Historic lots within a cluster development, in accordance with § 114-3A2D and the following standards:
[1] 
A maximum of one acre may be developed.
[2] 
After subtracting one acre for development, only the undeveloped portion of the lot may be counted towards the total required open space for the development.
[3] 
No more than 50% of the total required open space for the development shall be provided on the historic lot.
[4] 
The developed portion of the lot shall meet the neighborhood setback standards of § 114-3A2G.
[5] 
The lot shall be restricted from further subdivision by permanent covenants placed on each deed and duly noted on the approved subdivision/land development plans.
[6] 
The dwelling on the historic lot shall be counted toward the maximum permitted density for the development.
[7] 
The dwelling on the historic lot shall be sited according to the same principles that apply to neighborhoods, per the neighborhood design standards above. Specifically, the dwelling shall not encroach upon environmentally sensitive areas and shall not infringe upon scenic views from exterior roads or from neighborhoods.
(d) 
Passive recreation such as trails, community garden and lawn areas.
(e) 
Active recreation areas such as golf courses, playing fields and playgrounds.
(f) 
Easements for drainage, access, sewer or water lines, or other public purposes.
(g) 
Stormwater management facilities.
(h) 
Parking areas of 10 or fewer spaces where needed to serve active recreation facilities.
(i) 
Aboveground utility and road rights-of-way, except that their land areas shall not count toward the total required open space.
(2) 
Open space shall be located and designed to protect site features identified in the inventory and analysis as having particular value and to maximize common boundaries with open space on adjacent properties.
(3) 
Safe and convenient pedestrian and maintenance access shall be provided to open space areas. Each neighborhood shall provide one centrally located accessway per 25 lots, with such accessway being a continuous minimum width of 50 feet wide.
(4) 
The following are prohibited in open space areas:
(a) 
The construction of any buildings or structures unless they are a part of an approved plan for the open space area.
(b) 
The construction of any driveways, lanes or pathways intended to be used by motor vehicles unless they are a part of an approved plan for the open space area.
(c) 
Use of motor vehicles except within approved driveways and parking areas. Maintenance, law enforcement and emergency vehicles are permitted as necessary.
(d) 
Cutting of healthy trees, regrading, topsoil removal, altering, diverting, or modifying watercourses or waterbodies, except in compliance with a land management plan for the property conforming to standards of forestry, erosion control and engineering.
(e) 
Area used for residential lots, except for an historic lot.
A. 
Purpose. The purpose of these regulations is to ensure adequate planning for operation and maintenance of open space, recreation facilities, stormwater facilities, and any other common or community facilities.
B. 
Ownership. The following methods of ownership may be used, either individually or in combination:
(1) 
Offer of fee simple dedication to the Township, although the Township shall not be required to accept the offer of dedication.
(2) 
Homeowners' association, in accordance with the following:
(a) 
The applicant shall provide.the Township with a description of the association, including its bylaws, and all documents governing ownership, maintenance and use restrictions for common facilities. These items must be submitted for Township approval prior to the release of the first building permits.
(b) 
The association shall be established by the applicant and be operating (with financial subsidization by the applicant, if necessary) before the sale of any dwelling units in the development.
(c) 
Membership in the association shall be mandatory for all homeowners.
(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 their maintenance by a public or private conservation organization must be given to all members of the association and to the Township no less than 30 days prior to such event. The transfer of ownership and/or maintenance responsibilities shall be approved by the Board of Commissioners.
(f) 
The association shall have or hire adequate staff to administer, maintain, and operate common facilities.
(3) 
Dedication of easements to the Township or county, although neither the Township nor the county shall be required to accept the offer of dedication.
(4) 
Transfer to a private conservation organization which shall fulfill the maintenance, insurance and related obligations required by this article.
C. 
Maintenance and operation.
(1) 
As a condition of final plan approval, the applicant shall provide a plan and make said plan a part of the recorded homeowners' association documents for the maintenance and operation of common facilities that:
(a) 
Specifies proposed ownership.
(b) 
Establishes necessary regular and periodic operation and maintenance schedules and responsibilities.
(c) 
Estimates staffing needs, insurance requirements and associated costs and defines the means for funding those costs on an ongoing basis. Such funding plan shall include the means for funding long-term capital improvements (if any) as well as regular, yearly operating and maintenance costs.
(2) 
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.
(3) 
In the event that the organization established to maintain common facilities, or any successor organization, fails to maintain all or any portion of the common facilities in reasonable order and condition, the Township may (but shall not be required to) address such maintenance failures utilizing Township staff or hire a third-party contractor or may seek injunctive relief to require the responsible organization to properly maintain the common facilities. The costs associated with this action may be charged to the property owner(s) or homeowners' association (or similar organization), any escrow funds may be forfeited, and any permits revoked or suspended.
Development may be phased in accordance with a unified development plan for the entire tract including the following:
A. 
An inventory and analysis of the entire tract shall be completed in accordance with § 114-3A3.
B. 
The unified development plan for the tract shall be approved as a full site plan and shall be made part of a binding development agreement between the applicant and the Township.
C. 
When an historic lot is subdivided prior to neighborhood development, the following standards shall apply:
(1) 
The lot shall be configured in a manner that is suitable for future neighborhood development.
(2) 
The lot shall be counted towards the maximum permitted density for the development.
(3) 
The lot shall be restricted from further subdivision by permanent covenants placed on the deed and duly noted on the approved subdivision/land development plans.
(4) 
Any future neighborhood development shall be consistent with the approved site plan and development agreement.
(5) 
Occupancy of the building on the historic lot may take place after a certificate of occupancy has been issued and emergency vehicles have clear access to the building.
[Added 12-13-2006 by Ord. No. 882]
A. 
Qualifying tract. Minimum tract size shall be a combination of parcels in one ownership which total 25 acres and which has a minimum of 1,000 linear feet of continuous street frontage.
(1) 
The plan shall provide a minimum of 75% as permanent open space of the gross tract area which shall be preserved from future development.
(2) 
The manner in which preserved open space shall be owned and maintained, including easements and covenants which shall ensure preservation in perpetuity, shall be disclosed at the time plans are submitted for preliminary approval by the Board of Commissioners.
B. 
In addition to the permitted uses authorized at § 114-3A1, townhouse and single-family semidetached (twin dwelling) dwelling uses shall be permitted when approved as a conditional use subject to the following additional standards:
(1) 
A minimum lot size of 2,400 square feet per dwelling shall be allocated to each dwelling unit whether or not separate deeded lots are contemplated for sale. The area allocated or deeded for individual lots shall not be included in the area preserved for permanent open space.
(2) 
Density shall not exceed the maximum of 3.0 dwelling units per net developable acre of the tract.
(3) 
Front yard setback from interior roadways shall not be less than 25 feet from the curbline.
(4) 
Where individual lots are provided, the rear yard shall not be less than 25 feet.
(5) 
Where individual lots are provided, side yards from ends of buildings shall not be less than 12.5 feet.
(6) 
Buildings shall be separated by not less than 35 feet.
(7) 
The maximum number of townhouse dwelling units attached in a single building shall not exceed six.
(8) 
The minimum width of an individual townhouse or twin dwelling unit shall not be less than 24 feet.
(9) 
Townhouse building design standards.
(a) 
No more than two attached townhouses shall share the same front setback line. Offsets of not less than four feet shall be provided for at least one full story or one-half of a front facade of a dwelling unit in order to meet the offset requirement. Front elevations shall be provided with architectural features such as pent roofs, porches, dormers, bow windows, mixed materials of masonry and wood, or similar products which, when provided in combination on the same building, shall be acceptable as an option in lieu of required four-foot offsets.
(b) 
All roofs shall be provided with a pitched roof having a slope of not less than five inches vertical for each 12 inches horizontal.
(c) 
End townhouse units shall be provided with either a side- or rear-facing garage or a garage located behind the rear facade, where topography permits and there is no intrusion into woodland, floodplain, wetlands or required setbacks from the perimeter of the tract. However, this requirement shall not be imposed in those instances where fewer units would result than otherwise permitted under § 114-3A7B(2).
(d) 
Individual townhouse units shall be provided with sprinkler fire suspension systems unless specifically waived by the Board of Commissioners.
(10) 
Neighborhood placement standards.
(a) 
Direct driveway access to perimeter streets shall be prohibited unless it is demonstrated that no other alternative is feasible.
(b) 
Townhouse and twin dwelling buildings shall be clustered on buildable portions of the tract and situated to protect existing streetscapes.
(c) 
Townhouse and twin dwelling neighborhoods shall be provided with sidewalks and trail links to adjoining residential neighborhoods, pedestrian networks, train stations, bus stops, parks and recreation facilities, and nearby commercial and business centers.
C. 
General standards.
(1) 
Maximum building coverage on the net developable acreage of the tract shall not exceed 12%. The maximum total impervious surfaces of the net developable acreage of the tract shall not exceed 25%.
(2) 
Minimum roadway width shall be provided at 30 feet.
(3) 
Minimum right-of-way shall be provided at 50 feet width, setback from perimeter road rights-of-way shall not be less than 50 feet.
(4) 
Setback from perimeter property boundaries of the tract shall not be less than 50 feet, except where such boundaries shall be permanently preserved open space contained within the qualifying tract, in which case the minimum setback shall be 25 feet.
(5) 
The minimum setback from floodplains, wetlands, watercourses, and water bodies shall not be less than 75 feet; provided that for floodplains the setback may be reduced to 37.5 feet, provided there shall be no adverse impact to water quality and/or increased flooding potential; for each one square foot of building area permitted within the seventy-five-foot setback there shall be provided five square feet of compensatory restricted area in addition to the seventy-five-foot buffer otherwise applicable elsewhere along the same natural resource. Compensatory restricted area shall be located contiguous to the seventy-five-foot buffer otherwise applicable and shall not extend outward more than 75 feet from the edge of the seventy-five-foot buffer otherwise required.
(6) 
The minimum setback from the edge seasonal high water mark of a nonflowing water body such as a pond or lake shall be 50 feet; provided that for nonflowing water bodies having a surface area of less than one acre the setback may be reduced to 25 feet, provided there shall be no adverse impact to water quality and/or increased flooding potential; for each one square foot of building area permitted within the fifty-foot setback there shall be provided five square feet of compensatory restricted area in addition to the fifty-foot buffer otherwise applicable elsewhere along the same natural resource. Compensatory restricted area shall be located contiguous to the fifty-foot buffer otherwise applicable and shall not extend outward more than 50 feet from the edge of the fifty-foot buffer otherwise required.
(7) 
The design standards at § 114-3A4, ownership and maintenance of common facilities and open space at § 114-3A5, and phasing at § 114-3A6 shall be applicable, provided that an individual neighborhood may contain more than 25 lots but not greater than 37 dwelling units and § 114-3A4A(8) shall not be applicable.
(8) 
Standards and regulations of §§ 114-3AO, 114-3A1, 114-3A2 shall apply only to the extent such standards are not inconsistent or contradictory to those standards contained in § 114-3A7.