[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:
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.
(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.
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
|
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.
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.
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]
(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.
[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:
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.
