STATUTORY REFERENCES
General provisions and definitions — See
Penna. Mun. Plan. Code, Art. I.
Zoning — See Penna. Mun. Plan.
Code, Art. VI.
[Ord. 253. Passed 2-16-1988]
In an "AA-1" Residential District, the regulations
set forth in this chapter shall apply.
[Ord. 253. Passed 2-16-1988]
In an "AA-1" Residential District, a building
may be erected or used, and a lot may be used or occupied, for any
of the following purposes and no other:
(a)
Farming;
(c)
Municipal use;
(d)
Cluster development as a conditional use in accordance with Section 1298.07 and the regulations set forth in this chapter;
(e)
Cluster development with a density bonus as a conditional use for the preservation of increased open space in accordance with Section 1298.07 and the regulations set forth in this chapter;
[Ord. 253. Passed 2-16-1988]
(a)
Minimum Lot Area. In an "AA-1" Residential District,
a lot area of not less than 70,000 square feet shall be provided for
every dwelling or other building.
(b)
Density. The number of dwelling units shall not exceed
0.45 dwelling units per developable acre over the developable area
of the entire tract, including that portion of the tract to be permanently
reserved as permanent open space. This limitation shall in all cases
govern density.
(c)
Minimum Lot Width. A lot width of not less than 225
feet at the building line shall be provided for every dwelling or
other building.
[Ord. 253. Passed 2-16-1988]
(a)
Front Yards. In an "AA-1" Residential District, there
shall be a front yard on each lot, which yard shall be not less than
80 feet in depth.
(b)
Side Yards. There shall be two side yards on each
lot, neither of which shall be less than 55 feet in width.
(c)
Rear Yards. There shall be a rear yard on each lot,
which yard shall be not less than 75 feet in depth.
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An accessory use structure, if entirely separate
from the main building and located at least 10 feet further back than
the rear of the main building, may be erected in the rear yard, but
not within 20 feet of the rear or side property lines.
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[Ord. 253. Passed 2-16-1988]
[Ord. 253. Passed 2-16-1988; Ord. 257. Passed 6-21-1988; Ord. No. 409. Passed 7-22-2003]
(a)
The maximum height for dwellings, buildings or other
structures erected or enlarged in an "AA-1" Residential District shall
be 45 feet, not exceeding 2 1/2 stories.
(b)
The maximum height for any building accessory to any
dwelling shall be 14 feet, not exceeding one story, except that by
special exception, the height of accessory buildings constructed entirely
outside any mandatory set-back areas on lots exceeding 40,000 square
feet shall not exceed 35 feet or 2 1/2 stories.
[Ord. 253. Passed 2-16-1988]
(a)
Residential. For each dwelling unit in an "AA-1" Residential District, two all-weather off-street parking spaces shall be provided, in accordance with Chapter 1294.
(b)
Nonresidential. For any permitted use other than a residential use, parking facilities shall be provided in accordance with Chapter 1294. Such parking shall not occupy any portion of the front, side or rear yards required under this chapter.
(c)
Setbacks. No parking area or driveway shall be located
closer than five feet to any property line, except the portion of
the driveway required for normal ingress and egress.
[Ord. 253. Passed 2-16-1988]
(a)
Permanent Open Space. With the exception of a development in accordance with the regulations of the "AA" Residential District, as permitted in Section 1256.02(b)(1), not less than 10% of the gross area of a tract in an "AA-1" Residential District shall be preserved as permanent open space. Such permanent open space shall be provided in accordance with Section 1256.11(a) and shall not consist of any undevelopable land. The permanent open space may be offered for dedication but is not required to be offered. Any organization which owns permanent open space shall comply with the requirements of Section 1256.11(b)(2) or (3).
[Ord. 253. Passed 2-16-1988; Ord. 409. Passed 7-22-2003]
Cluster developments in accordance with the development standards contained in Section 1256.10 shall be permitted in an "AA-1" Residential District, as a conditional use, subject to the provisions of Section 1298.07 on sites meeting the following criteria:
(a)
The tract of land to be developed shall be a minimum
of five acres and shall be in single and separate 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)
A planned cluster development shall be serviced by
public water and public sewerage acceptable to the Board of Supervisors
and subject to the approval of the Pennsylvania Department of Environmental
Resources, or any applicable local authority.
[Ord. 253. Passed 2-16-1988. Ord. 377. Passed 9-25-2000]
Cluster developments in an "AA-1" Residential District shall be developed in accordance with the provisions for development in such District, above, except as specifically modified by this section and by Section 1256.11, regulating common open space.
(a)
Use Regulations. In a cluster development, single-family
detached residential dwellings, open space and recreational areas
and structures are permitted.
(b)
Density. The number of dwelling units shall not exceed
0.50 per developable acre over the developable area of the entire
tract, including that portion of the tract to be permanently reserved
as common open space. This limitation shall in all cases govern density.
(c)
Lot Area. A lot area of not less than 50,000 square
feet shall be provided for every dwelling. Undevelopable land shall
not be counted when calculating the minimum lot area, although such
undevelopable land may be included within individual lots if permitted
by the Board of Supervisors.
(d)
Minimum Lot Width. A lot width of not less than 175
feet at the building line shall be provided for every dwelling.
(e)
Yard Regulations.
(1)
Front yards. There shall be a front yard on
each lot, which yard shall be not less than 75 feet in depth.
(2)
Side yards. There shall be two side yards on
each lot, neither of which shall be less than 45 feet in width.
(3)
Rear yards. There shall be a rear yard on each
lot, which yard shall be not less than 75 feet in depth. An accessory
use structure, if entirely separate from the main building and located
at least 10 feet farther back than the rear of the main building,
may be erected in the rear yard, but shall not be located within eight
feet of the rear or side property line.
(4)
Yards Adjacent to Single-Family Residential
Districts. Yard areas shall be provided on lots adjacent to lands
in other Single-Family Residential Districts, as required, so that
individual lots in an "AA-1" District shall not have smaller adjacent
yards than those required for individual lots in the adjacent Residential
District. In the event that the specific lot in the immediate adjacent
residential district is eligible for cluster development (and, therefore,
a reduction of yard regulations), this provision shall not apply.
[Ord. 253. Passed 2-16-1988. Ord. 377. Passed 9-25-2000]
(a)
Common open space in an "AA-1" Residential District
shall be designed in accordance with the following standards:
(1)
Common open space shall be so designated on
the plans, and the plans shall contain a notation stating: "Common
open space shall not be separately sold and shall not be further developed
or subdivided."
(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. Common open space
shall contain appropriate access improvements and shall be provided
with perimeter parking areas as appropriate.
(4)
Common open space shall consist predominantly
of natural environmental features or planted and maintained vegetation
which may contain walking, biking or equestrian trails.
(5)
The common open space shall be acceptable to
the Board of Supervisors.
(6)
Common open space shall be designed, wherever
possible, to complement and preserve the tract's natural resources,
including, but not limited to, trees, wetlands, floodplains, riparian
buffers, steep slopes, wildlife habitat, scenic views and interconnected
greenways.
(7)
Common open space may be designed to provide
active recreation opportunities.
(8)
Common open space shall be designed to preserve
or enhance historic landscapes or attractive streetscapes within and
around the proposed cluster development.
(9)
Common open space shall not be provided in narrow
strips of land less than 50 feet in width unless such strips contain
perimeter trails or trail connections or unless such strips have frontage
on public roads and provide access to larger contiguous areas of common
open space.
(10)
Common open space shall be designed in accordance
with the Lower Gwynedd Township Open Space Plan.
(11)
When common open space is proposed for any cluster development under this chapter, a note or notes on the record subdivision plan shall indicate the proposed uses as well as the proposed types and schedules of maintenance for each open space parcel shown on the plan without regard to the proposed ownership of such open space parcel by the Township, a homeowners association to be created or an organization permitted under Section 1256.11(b)(2) below. The plan itself shall also depict a method of physically delineating private lots from common open space areas by the use of fencing, sections of fencing, easily visible corner posts or other monuments or methods acceptable to the Board of Supervisors.
(b)
Provision for ownership and maintenance of the common
open space shall be made in a manner so as to ensure its preservation.
This shall be accomplished in one of the following ways:
(1)
The developer shall offer the common open space
for dedication for public use and maintenance, if required by the
Township. However, the Township need not require that the common open
space be dedicated nor accept a dedication of the common open space
if offered.
(2)
With permission of the Township, and with appropriate
deed restrictions in favor of the Township and in language acceptable
to the Township Solicitor, the developer may transfer the fee simple
title in the common open space, or a portion thereof, to a private,
nonprofit organization among whose purposes is the conservation of
open space land and/or natural resources, provided that:
A.
The organization is acceptable to the Township
and is a bona fide conservation organization with a perpetual existence.
B.
The conveyance contains appropriate provision
for proper retransfer or reverter in the event that the organization
becomes unable or unwilling to continue to carry out its functions.
C.
A maintenance agreement acceptable to the Township
is entered into by the developer, organization and Township.
(3)
If the Township does not require dedication
or permit transfer to a conservation organization as provided in paragraph
(b)(2) hereof, the developer shall provide for and establish an organization
for the ownership and maintenance of the common open space consistent
with the requirements for unit owners' associations found in the Pennsylvania
Uniform Condominium Act, 68 Pa. C.S. 3101 et seq. If such an organization
is created, the deeds and agreements of sale 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:
A.
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 this chapter.
B.
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 Pennsylvania 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 access and lien the properties
within the development.
C.
All lot owners within the development shall
be required to become members of the organization and pay assessments
for the maintenance of the common open space, which assessments may
be increased for inflation and which may provide for professional
management.
D.
The Township may require the formation of a
reserve fund to cover capital improvements to the common open space.
[Ord. 253. Passed 2-16-1988. Ord. 377. Passed 9-25-2000]
In order to provide for increased preservation of open space, a developer of a tract in an "AA-1" Residential District may request as a conditional use, in accordance with Section 1298.07, that the tract be permitted to be developed at a higher density, if there is preservation of open space in addition to that required by Section 1256.09. All developments under these density bonus provisions shall meet the following requirements and shall comply with all applicable requirements for cluster developments provided in this chapter, and all common open space shall comply with Section 1256.11.
(a)
Use Regulations. In a cluster development with density bonus, single-family detached residential dwellings, open space and recreational areas and structures shall be permitted. All residential uses shall be subject to the general regulations applicable to an "AA-1" Residential District, except as specifically modified by Sections 1256.09 through 1256.11 and this section.
(b)
Density Regulations. The total number of dwelling units which shall be permitted in a cluster development with density bonus shall be contingent upon the percentage of the gross area of the tract reserved for common open space uses in addition to all undevelopable areas. For every 5% of the gross area of the tract reserved for common open space above the minimum required under Section 1256.09(c) (which consists of ten percent of the gross area of the tract plus all undevelopable land), a corresponding five-percent increase shall be allowed in the density as set forth in Section 1256.10(b) up to the maximum of .75 dwelling units per developable acre. The maximum density computed by this method, as set forth in the table below, shall in all cases govern density.
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Minimum Open Space
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Maximum Density in Dwelling Units Per
Developable Acre
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15% of the gross area of the tract plus all
undevelopable area
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.55
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20% of the gross area of the tract plus all
undevelopable area
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.60
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25% of the gross area of the tract plus all
undevelopable area
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.65
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30% of the gross area of the tract plus all
undevelopable area
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.70
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35% of the gross area of the tract plus all
undevelopable area.
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.75
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(c)
Development Standards. The minimum area of any lot and the minimum dimensions of lot width at the building line, front yard, side yards and rear yard which shall be permitted in a cluster development with density bonus shall be contingent upon the percentage of the gross area of the tract reserved for common open space uses in addition to all undevelopable areas. For every 5% of the gross area of the tract reserved for common open space above the minimum required under Section 1256.09(c) (which consists of ten percent of the gross area of the tract plus all undevelopable land) to be reserved for common open space, to a maximum of 35% of the gross area of the tract plus all undevelopable area, a corresponding decrease shall be allowed in the minimum area of any lot and the minimum dimensions for lot width at the building line, front yard, side yards and rear yard as set forth in Section 1256.10. The yard required by Section 1256.10(e)(4) shall not be reduced under this section.
(d)
Historic or Cultural Resources. In a cluster development with density bonus under this section, as a conditional use, the maximum permitted tract density may be increased by 5% of the 0.50 dwelling unit per developable acre, in addition to the increase set forth in subsection (b) hereof, where the tract contains one or more Township historic or cultural resources, and such Township historic or cultural resources shall be preserved as a part of the development plan.
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A Township historic or cultural resource shall
be defined as a site or structure listed in the National Register
of Historic Places, the Pennsylvania Historic Resources Survey, the
Montgomery County Inventory of Historic and Cultural Resources, a
listing of historic and cultural resources compiled by the Board of
Supervisors or the Planning Commission, or other appropriate documentation,
or a site or structure seeking listing as a historic resource from
any or all of the above listings.
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[Ord. 253. Passed 2-16-1988]
A cluster development or cluster development with a density bonus shall be available as a conditional use. All applications for this conditional use shall be made in accordance with the provisions of Section 1299.07. Such applications shall be subsequently considered as a subdivision and/or land development application and shall follow the procedures set forth in the Subdivision and Land Development Regulations.
