[Ord. 2003-4, 6/18/2003, § 2; as amended by Ord.
2013-1, 3/7/2013]
To allow flexible development of areas with environmentally
sensitive natural features to: a) avoid severe soil erosion and sedimentation;
b) encourage development in areas that are more physically suited
to this type of development; c) avoid construction on steep slopes;
d) preserve forested areas and farmland; e) preserve significant land
areas as a conservation area; and f) provide additional active and
passive recreation and access to natural open space.
[Ord. 2003-4, 6/18/2003, § 2]
An applicant may process an application for a conservation design
development subdivision if the subject tract contains significant
natural features such as woodlands, floodplain, karst features, streams
or natural ponds and springs. The benefits of the conservation design
approach will prevent the loss of natural features and preserve significant
conservation areas. A sketch plan shall be submitted identifying conservation
area(s) and significant natural features. The design of each plan
shall conform to all requirements of the Zoning Ordinance and Subdivision
and Land Development Ordinance relating to dimensional requirements
and design standards except as they may be altered by this Part.
A. Definitions.
(1)
The term "conservation design development" shall refer to a
residential development which satisfies all of the requirements of
this Part. A conservation design development in the RU3, RU1.5 and
R1 Districts shall only provide for the construction of single-family
detached dwellings. A conservation design development in the R2, R3,
R4 and R5 Districts may provide for the construction of either single-family
attached dwellings, single-family detached dwellings or a combination
of both dwelling types and apartments; however, a conservation design
development shall not provide for a combination of apartments with
any other type of dwelling.
[Amended by Ord. 2013-1, 3/7/2013]
(2)
The use of "environmentally sensitive area" within this Part
shall refer to lands characterized by either steep slopes, floodplains,
wetlands, current or former landfill areas, or sinkhole activity.
(3)
In the context of computing density for conservation design
development, the term "Total Tract Area" shall not include areas within
the existing or ultimate rights-of-way for existing streets, areas
within an easement for existing overhead electric transmission lines
or underground gas transmission lines or existing areas within the
one-hundred-year floodplain or areas determined to be wetlands. The
Total Tract Area shall be computed as shown in the example below:
[Amended by Ord. 2013-1, 3/7/2013]
|
Sample:
|
|
|
Gross Deed Area
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70 acres
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(the total area of the tract as in the deed of record)
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[Minus]
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Street Rights-of-Way
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-7 acres
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(for existing roads using right-of-way dimensions from § 27-805 of this Chapter)
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[Minus]
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Transmission Line Easements
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-4 acres
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(for existing utilities as noted in this section)
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[Minus]
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Wetlands and Floodplains
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-9 acres
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Total Tract Area =
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50 acres
|
|
B. A tract of land may be eligible for a conservation design development
if it includes a minimum Gross Deed Area of 20 acres in common ownership.
This tract shall be contiguous; however, portions of the tract may
be separated by proposed streets or existing streams. Tracts separated
by an existing public street may be developed as a single development,
provided that the minimum Gross Deed Area is achieved on each side
of the street.
[Amended by Ord. 2013-1, 3/7/2013]
C. The conservation design development shall be designed as a unified,
coordinated residential development and shall be approved by a development
plan involving a single development entity. The developer may sell
individual lots or phases to different builders, provided that the
developer or his/her successors remain responsible for ensuring compliance
with the approved development plan.
(1)
Conservation design developments shall satisfy all of the conditions
for a subdivision as are set forth in the Upper Macungie Township
Subdivision and Land Development Ordinance as well as all requirements
of the Zoning Ordinance of Upper Macungie Township except for minimum
lot area, lot width and setback; these dimensions as they apply to
a conservation design development are contained in Table 9.1.
[Ord. 2003-4, 6/18/2003, § 2; as amended by Ord.
2005-8, 12/1/2005 § 2]
If approved as a conservation design development (CD), the minimum
lot area, minimum lot width and minimum setbacks of the following
districts may be reduced as shown in Table 9.1 below. Unless followed
by an asterisk(*), a conservation design development is only permitted
in a zoning district if served by both public water and sewer.
Table 9.1.
Table of Dimensional Requirements
|
---|
Zoning District
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Conventional Minimum Lot Area
(square feet)
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Conventional Minimum Lot Width
(feet)
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Permitted Minimum Lot Area in CD
(square feet)
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Permitted Minimum Lot Width in CD
(feet)
|
Minimum Average Lot Area in CD
(square feet)
|
Permitted Minimum Setbacks in CD
(feet)
|
---|
RU3*
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130,680
|
250
|
43,560
|
150
|
87,000
|
No reduction
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RU1.5*
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65,000
|
175
|
43,560
|
150
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55,000
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No reduction
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RU1.5 public water & sewer required
|
43,560
|
150
|
35,000
|
130
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38,000
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No reduction
|
R1
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20,000
|
120
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15,000
|
100
|
17,000
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No reduction
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Areas zoned R1 which are outside of the 537 Public
Sewer Service Area having a portion of the property located within
1,000 linear feet of an existing public sewer
|
43,560
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120
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20,000
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120
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40,000
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No reduction
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R2
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16,000
|
100
|
|
|
11,000
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Side: 10
Front: 25
Rear: 25
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a)
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Single
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|
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a)
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10,000
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a)
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80
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|
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b)
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Twin
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b)
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6,000
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b)
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40
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R3
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|
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a)
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Single
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a)
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14,000
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a)
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80
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a)
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8,000
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a)
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70
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9,000
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Side: 10
Front: 25
Rear: 20
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b)
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Twin
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b)
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8,000
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b)
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40
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b)
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5,000
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b)
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40
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|
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R4
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|
|
|
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a)
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Single
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a)
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12,000
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a)
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80
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a)
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6,500
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a)
|
60
|
8,000
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Side: 10
Front: 25
Rear: 20
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b)
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Twin
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b)
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6,000
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b)
|
40
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b)
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4,500
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b)
|
35
|
|
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R5
|
|
|
|
|
|
|
a)
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Single
|
a)
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8,000
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a)
|
75
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a)
|
6,000
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a)
|
60
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6,000
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Side: 10
Front: 20
Rear: 20
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b)
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Twin
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b)
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5,000
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b)
|
30
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b)
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4,000
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b)
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30
|
|
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[Ord. 2013-1, 3/7/2013]
If approved as a conservation design development (CD), then
a land development composed of apartments shall be subject to the
following requirements.
A. An apartment conservation design development shall be afforded with the following relief from Part
4, §
27-402KKK(2) of the Upper Macungie Township Zoning Ordinance:
(1)
Building Size Requirements.
(a)
Maximum building length: 225 feet.
(b)
Maximum building height: 50 feet maximum building height with
a maximum of three stories for a principal building; 60 feet maximum
building height with a maximum of four stories for a principal building
on a tract(s) with a minimum gross deed area of 40 acres; 25 feet
and one story for an accessory structure regardless of gross deed
area.
[Amended by Ord. 2015-5, 6/23/2015]
(c)
Maximum building width: 80 feet.
(2)
The maximum number of dwelling units within any building or
within attached buildings shall be 26 units for a three-story building
and shall be 40 units for a four-story building.
[Amended by Ord. 2015-5, 6/23/2015]
(3)
Maximum tract area for R3 and R4 Zones: no maximum tract area.
(4)
Density/Buildable Area. The "buildable area" as set forth in §
27-402KKK(2) shall be divided by the following amount of square feet per dwelling unit to determine the maximum permitted number of dwelling units within the tract.
|
R-3 District
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5,000 square feet
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R-4 District
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4,000 square feet
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R-5 District
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3,000 square feet
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B. An apartment conservation design development shall comply with the following requirements which are in addition to the requirements of Part
4, §
27-402KKK(2) of the Upper Macungie Township Zoning Ordinance.
(1)
Building Setback and Separation.
(a)
Minimum setback for apartment buildings, whichever is most restrictive:
1)
For principal buildings, from all exterior lot lines (other
than that of a single-family detached dwelling) and from all existing
street rights-of-way (other than expressways) exterior to the tract:
50 feet.
2)
For principal buildings, from the lot lines of an existing single-family
detached dwelling or the existing right-of-way of an expressway: 100
feet.
3)
For principal buildings, from an interior private road constructed
within the tract: 30 feet.
4)
For accessory structures, from all lot lines exterior to the
tract, including existing street rights-of-way: 35 feet, unless said
accessory structure is designated for off-street parking; bus-stops;
and/or screening for refuse containers.
5)
All principal and accessory structures shall be set back at
least five feet from any easement. This shall apply in addition to
any required setback.
(b)
Separation.
1)
There shall be a separation between each principal building
as follows:
a)
For principal buildings having a maximum height of 40 feet or
less, the separation between buildings shall be a minimum of 25 feet.
b)
Principal buildings have a maximum height of more than 40 feet
but less than 50 feet; the separation between buildings shall be a
minimum of 40 feet.
[Amended by Ord. 2015-5, 6/23/2015]
c)
Principal buildings have a maximum height of more than 50 feet,
the separation between buildings shall be a minimum of 50 feet.
[Added by Ord. 2015-5, 6/23/2015]
2)
All buildings constructed on opposing sides of a street or road
shall be constructed in an offset or staggered manner to provide residents
with a clear line of sight.
(2)
Street Rights-of-way.
(a)
In order to allow access for emergency response vehicles, all
streets, roads and driveways serving the apartment development, whether
private or public, shall have a minimum paved width of 30 feet. Said
30 feet shall exclude any paved areas designated for on-street parking.
(b)
Apartment conservation design developments shall have a street
system which provides for at least two points of access to the development.
The street system must include a collector road to provide sufficient
emergency access as determined by the Township Fire Commissioner in
his sole discretion. If a project is to be developed in phases, the
project must provide for at least two points of access for the first
phase, with said access points being maintained throughout the development
of all phases of the project.
[Ord. 2003-4, 6/18/2003,§ 2; as amended by Ord.
2013-1, 3/7/2013]
1. A conservation design development must provide a minimum of 30% of
the total tract area as conservation area, which shall be preserved
on private property by a recorded covenant running with the land or
a deed of dedication of the land to the Township. The manner in which
this conservation area shall be preserved shall be determined by the
Board of Supervisors, at its sole discretion.
A. Minimum conservation area requirements. The following conditions
shall be satisfied in order for a tract of land to qualify as conservation
area.
(1)
The conservation area shall not be less than 1/2 acre in size
nor have any dimension of less than 30 feet. At least one conservation
area parcel for each 20 acres of total tract area shall have no dimension
less than 100 feet in length or depth and not be less than four acres
in area. The Township shall have the discretion to consider fewer
larger parcels to satisfy this requirement.
(a)
Areas within a one-hundred-year floodplain or areas identified
as wetlands shall be credited for 50% of their actual area when computing
the conservation area.
(b)
A conservation area which is part of a building lot or lots
shall be encumbered by a recorded covenant running with the land precluding
further subdivision or the location of any structure within this area.
The area within the conservation area may be included in the calculation
to satisfy the requirements for percentage of lot coverage. Additionally,
this covenant shall preclude the erection or placement of structures
or fences within the easement area. The owner of the building lot
whereon conservation area is situated shall be solely responsible
for the perpetual maintenance of the conservation area. Should the
property owner fail to properly maintain the area, the Township shall
have the right, but not the responsibility, to enter upon the area
for the purpose of performing the necessary maintenance and be reimbursed
for costs incurred in performing this maintenance. Should the Township
not be reimbursed, it shall have the right to file a municipal lien
against such property and thereafter to exercise its remedies in accordance
with the provisions of the Second Class Township Code.
(2)
A conservation area shall be established in order to protect
environmentally sensitive areas, provide privacy by the creation of
buffer areas and/or to preserve farmland and/or to provide active
or passive recreation areas in excess of the requirements of the Subdivision
and Land Development Ordinance (SALDO). The Township encourages the location of larger conservation
area tracts to be contiguous with lands located in an agricultural
security area and/or other conservation areas. The ultimate location
of any conservation area shall be determined by the Township to be
satisfactory in order for a tract of land to qualify as a conservation
area.
(3)
Land areas situate within a required fence for a detention pond
shall not be included in the calculation of the minimum conservation
area requirement. The Township may, at its discretion, allow a detention
pond to be constructed within a designated conservation area which
will thereafter be owned and maintained by the Township.
(4)
All conservation areas shall have a minimum of 30 feet of frontage
on a public road.
2. Conservation area parcels offered in dedication to the Township shall
either be suitable for agricultural uses or cultivation or to provide
for a natural area with minimal maintenance or to provide public recreation
in addition to the requirements for apartments in the SALDO if the conservation area is improved and dedicated to
and accepted by the Township for its intended recreation purposes.
[Ord. 2003-4, 6/18/2003, § 2; as amended by Ord.
2005-8, 12/1/1985, § 2; by Ord. 2013-1, 3/7/2013]
The permitted maximum number of dwelling units shall be computed by taking the "total tract area," as defined in §
27-902A, deducting the thirty-percent conservation area requirement, and further reducing the area by deducting 15% for required rights-of-way and easements for the proposed development. That number shall then be divided by the minimum average lot area, as shown in Table 9.1, for the zoning district where the proposed conservation design development is situated. The sample below shows how to determine maximum density and the minimum conservation area requirement. The inability to achieve the permitted density shall not be cause for filing an appeal to the Zoning Hearing Board of Upper Macungie Township.
Sample: R2 District
|
|
Total tract area
|
50 acres
|
|
[Minus]
|
Conservation Area Requirement
|
-15 acres
|
(50 x 0.30)
|
|
Subtotal
|
35 acres
|
(50 - 15)
|
[Minus]
|
Right-of-way and easements
|
-7.5 acres
|
(50 x 0.15)
|
|
Subtotal Tract Area
|
27.5 acres
|
(35 - 7.5)
|
|
Minimum Average Lot Area (from Table 9.1 used to determine density
using minimum conservation area requirement)
|
0.2525 acre
|
(11,000 square feet ÷ 43,560 square feet)
|
|
Density = (27.5 ÷ 0.2525)
[Subtotal tract area above divided by minimum (average) lot
area.]
|
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Density = 108.9 dwelling units
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Sample: R1 District Areas Outside of 537 Public Sewer
Service Area, and which are within 1,000 LF of Public Sewer System
|
Total tract area
|
50 acres
|
|
Conservation Area Requirement
|
-15 acres
|
(50 x 0.30)
|
Subtotal
|
35 acres
|
(50 - 15)
|
Right-of-way and easements
|
-7.5 acres
|
(50 x 0.15)
|
Subtotal Tract Area
|
27.5 acres
|
(35 - 7.5)
|
Minimum Average Lot Area (from Table 9,1 used to determine density
using minimum conservation area requirement)
|
0.91 acre
|
(40,000 square feet ÷ 43,560 square feet)
|
Density = (27.5 ÷ 0.91) = 29.67
(Subtotal tract area above divided by minimum average lot area.)
|
Density = 30 dwelling units
|
Sample: Apartments
|
|
Total tract area
|
50 acres
|
|
[Minus]
|
Conservation Area
|
-15 acres
|
(50 x 0.30)
|
|
Subtotal
|
35 acres
|
|
[Minus]
|
Right-of-way and easements
|
-7.5 acres
|
(50 x 0.15)
|
|
Subtotal Tract Area
|
27.5 acres
|
(35 - 7.5)
|
Density Calculation:
|
27.5 x 43,560 ÷ (square footage area per unit in square
feet)
|
|
|
|
R3 = 5,000 square feet
|
|
|
|
R4 = 4,000 square feet
|
|
|
|
R5 = 3,000 square feet
|
Total Density
|
|
1,197,900 square feet ÷ 5,000 = 239.6 (299) units - R-3
|
|
|
|
1,197,900 square feet ÷ 4,000 = 299.4 (299) units - R-4
|
|
|
|
1,197,900 square feet ÷ 3,000 = 399.3 (399) units - R-5
|
[Ord. 2003-4, 6/18/2003 § 2]
In addition to other requirements of the Zoning Ordinance or
Subdivision and Land Development Ordinance which may be applicable
for standard design requirements, the following design standards shall
apply to all conservation design developments.
A. No residential lot shall have direct access on or to a collector
or arterial street.
B. The minimum lot size and width requirements shall not permit creation
of a lot that cannot meet the requirements for driveway offset from
an intersection.
C. A buffer yard meeting the requirements of Subsection
3C and D of §
27-803 of the Zoning Ordinance, 15 feet in width, shall be required in order to separate a conservation area from a residential lot. A buffer yard shall not be required in order to separate contiguous land currently situated in an agricultural security area or conservation area preservation area.
D. A conservation design development shall be separated from existing
residential development by a conservation area easement of at least
30 feet in width containing a ten-foot-wide buffer planting area designed
as required in the section above.
E. A conservation design development shall have an interior public street
system which provides for at least two points of access to the development.
The public street system must include a collector road meeting all
of the requirements of the Upper Macungie Township Subdivision and
Land Development Ordinance.
F. A lot required to have a larger minimum lot area under §
27-505 of the Zoning Ordinance due to steep slopes shall not be permitted to be reduced in lot area under this Part. The lot configuration may be revised to relocate proposed building sites whereby the requirements of §
27-505 will not be applicable.
G. The conservation design development shall not provide for the location
of wetlands or karst features on any residential lot unless they are
within a conservation area easement.
H. Woodland preservation areas protected by a covenant running with
the land may be included in the calculation for the conservation area
with 50% of the woodland preservation areas receiving credit as conservation
area. Tree conservation areas shall not be calculated as conservation
area unless other requirements of the within section have been satisfied.
[Ord. 2003-4, 6/18/2003, § 2]
Any phasing of a conservation design development shall be submitted
to the Board of Supervisors for approval with the preliminary plan
submission. Such phasing shall ensure that each such phase shall meet
the density and minimum conservation area requirements of this Part.
All such phases shall be designed to ensure that, after each phase
is constructed and accepted by the Township, that phase shall properly
and safely function without the construction of additional phases.
Any proposed collector roads shall be constructed in their entirety
as part of the first phase of any conservation design development.
[Ord. 2003-4, 6/18/2003, § 2]
The application to the Upper Macungie Township Zoning Hearing
Board for an interpretation or variance regarding any provision of
this Part shall include an advisory opinion of the matter issued by
the Upper Macungie Township Planning Commission.