In furtherance of the statement of community development objectives contained in Article I, § 350-2, of this chapter, it is hereby declared to be the intent of this article with respect to R-3A Cluster Development Districts to encourage a creative approach to the use and development of land, a more desirable visual character in residential area, a variety of housing types in the Township's neighborhoods, the creation of usable space corridors throughout the Township and more efficient development patterns in terms of roads and utilities. Specifically, this article is intended to provide for a variation in the required lot size, dwelling type and density in the R-3 Residential District on those tracts meeting the qualifying criteria as specified herein, so that desirable open space, tree cover, historic sites, recreation area, scenic vistas, stream valleys, or other lands for public purposes are preserved within these developments for the benefit of the residents of said developments and in furtherance of the general welfare of Upper Moreland Township. Any proposed development plan utilizing the requirements of this district shall be prepared in accordance with the following objectives:
A.
It will provide for the further orderly development of the Township
consistent with the intent of the Township's Comprehensive Plan.
B.
It will provide for consideration and appropriate safeguarding of
abutting land and neighborhoods.
C.
It will consist of a harmonious grouping of buildings, service and
parking area circulation and open spaces, planned as a single unit,
in such manner as to constitute a safe, efficient and convenient residential
site.
D.
It will provide safe and efficient pedestrian and vehicular circulation
systems within the boundaries of the site.
E.
It will provide safe and efficient ingress and egress points to and
from public streets and highways serving the site without causing
undue congestion or interference with normal traffic flow within the
Township.
F.
It will provide adequate off-street parking areas as an integral
part of the plan.
G.
It will provide for progressive, staged development, if desired by
the applicant; each such stage shall be so planned that the requirements
and intent of this article shall be fully complied with at the completion
of any stage.
No application for a rezoning to the R-3A Cluster Development
District shall be accepted or approval of a subsequent development
plan granted unless the application meets the following qualifying
criteria:
A.
Tract size. The minimum tract of land proposed for development shall
not be less than: 10 acres for single-family detached dwellings; 25
acres for single-family semidetached dwellings; and 25 acres for a
mixed-dwelling-type development, excluding the rights-of-way of existing
public roads in each case.
B.
Ownership. The tract of land to be developed shall be in one ownership,
or shall be the subject of an application filed jointly by the owners
of the entire tract, and it shall be agreed that the tract will be
developed under a single direction in accordance with an approved
plan. Development of the tract shall commence in earnest within 36
months of approval under this article, unless extended by the Township,
or the approval to develop in a clustered fashion shall be void.
C.
Natural and man-made amenities. At least 15% of the gross land area of the tract to be subdivided must contain any one or combination of the following natural and man-made amenities, except for a tract complying with Subsection C(7) below:
(1)
Floodplain, as defined in Article XIX of this chapter.
(2)
Slopes in excess of 15%, as defined by the Soil Survey of Montgomery
County, 1967.
(3)
Mature permanent vegetation considered by the Board of Commissioners
to be a natural amenity worthy of preservation.
(4)
Other natural features of irreplaceable value, subject to the
concurrence of the Board of Commissioners.
(5)
Historic sites as identified by the Montgomery County Resource
Protection Plan or other sites supported by appropriate documentation
or endorsement by local historic societies.
(6)
Land suitable for active recreational use, subject to the concurrence of the Board of Commissioners, provided that it is located adjacent to and as an integral part of the features of the site detailed in Subsection C(1) through (5) of this section or in an alternative location demonstrated by the applicant to be desirable.
(7)
If the site features identified in Subsection C(1) through (5) are not present, land may be preserved for active recreational use, provided that:
(a)
The size, shape and topography of the area to be preserved are
suitable for field sports and other active uses;
(b)
Playground equipment is provided by the applicant and suitable
arrangements are made for the future maintenance of said equipment;
and
(c)
Appropriate landscaping is provided to delineate the boundaries
of the area and to produce a parklike setting.
D.
Sewer and water facilities. The cluster development shall be served
by public water facilities and public sewer facilities deemed acceptable
by the Board of Commissioners, upon recommendation of the Township
Engineer.
E.
Development plan. The application for development shall be accompanied by a plan or plans, in accordance with § 350-163 herein, showing the proposed use of the entire tract, which plan or plans shall also comply with all requirements of the Upper Moreland Township Land Subdivision Regulations in accordance with § 350-165 herein. The plan shall clearly designate the proposed use of each area of the tract.
F.
Development stages and permits. The development of a tract carried
out in either a single phase or in stages shall be executed in accordance
with a development agreement. The owner, developer and Township shall
enter into said agreement embodying all details regarding compliance
with this article to assure the binding nature thereof on the overall
tract and its development, which agreement shall be recorded with
the final development plan.
The following uses shall be permitted in the R-3A Cluster Development
District and no others:
A.
Single-family detached dwellings.
B.
Single-family semidetached dwellings (twin).
C.
Mixed-dwelling-type development with both single-family detached
and semidetached dwellings. No less than 20% of a single dwelling
type shall comprise a mixed-dwelling-type development.
D.
Accessory uses on the same lot with and customarily incidental to
the above-permitted uses.
The following development regulations shall apply for a proposed
development plan in the R-3A Cluster Development District:
A.
Density. The maximum permitted density in the R-3A Cluster Development
District shall be four dwelling units per developable acre, which
shall be calculated by multiplying the gross tract acreage, excluding
the rights-of-way of existing public roads and floodplain areas, by
four.
B.
Lot, yard and coverage regulations. The following table shall be
used to determine the lot, yard and coverage requirements in the R-3A
Cluster Development District:
|
R-3A Cluster District Development Regulations
| ||||
|---|---|---|---|---|
|
Single-Family Detached
|
Single-Family Semidetached
(per dwelling unit)
| |||
|
Minimum lot area (square feet)
|
7,000
|
4,000
| ||
|
Minimum lot width (feet)1
|
70
|
40
| ||
|
Minimum lot width at right-of-way line (feet) on cul-de-sac
and curvalinear road
|
40
|
20
| ||
|
Front yard depth (feet)2
|
25
|
25
| ||
|
Side yard width:
| ||||
|
a.
|
Minimum one side (feet)
|
10
|
15
(one side only)
| |
|
b.
|
Total for two sides (feet)
|
25
|
Not applicable
| |
|
Rear yard depth (feet)
|
35
|
35
| ||
|
Maximum building coverage (%)3
|
35
|
35
| ||
|
Minimum open space (%)3
|
30
|
30
| ||
|
Minimum open space for a mixed dwelling development (%)
|
30
| |||
|
Maximum impervious surface coverage (%)
|
60
|
60
| ||
|
NOTES:
| ||
|---|---|---|
|
1
|
Measured along the building line.
| |
|
2
|
Measured from the ultimate right-of-way line.
| |
|
3
|
Per lot.
| |
|
4
|
For the total development.
| |
C.
Off-street parking, signs and loading. Off-street parking, signs and loading spaces for a proposed R-3A Cluster Development shall be in accordance with Article XXI of this chapter.
D.
Height. No building in the R-3A Cluster Development shall exceed
a height of 35 feet.
E.
Streetscape. The applicant is encouraged to vary the lot sizes and
building setbacks within the proposed development in order to create
a more pleasing streetscape.
The following regulations shall govern the characteristics and
maintenance of the required open space created by a cluster development.
A.
Characteristics of required open space created by cluster development.
Open space created by cluster development shall have the following
minimal requirements:
(1)
The land area to be set aside for permanent preservation as open space shall be so located and so shaped as to be suitable for the purposes intended. Consideration shall be given to contiguous portions of existing and potential open space lands in adjacent tracts. The Board of Commissioners may require the preservation of such open space as a portion of the open space land required pursuant to Subsection A(3) herein, to implement the objectives of stream valley preservation in the Comprehensive Plan.
(2)
The open space land to be set aside shall be designed to promote the preservation of those feature(s) a tract is required to contain, pursuant to § 350-159C herein, in order to qualify for development under this article.
(3)
A minimum of 30% or 35% of the gross tract acreage shall be set aside as open space land in accordance with the requirements set forth in Subsection A(2). Additional open space land may be required to be set aside by the Board of Commissioners at the recommendation of the Township Planning Advisory Agency if, in its opinion, the site contains appropriate land for such purposes, provided this does not result in restricting the applicant's entitlement to the maximum density permitted by this article.
B.
Maintenance of required open space created by cluster development.
The following requirements shall govern the maintenance of the required
open space created by a cluster development:
(1)
The open space land to be set aside or reserved for park, woodlands,
conservation, playground, active recreational use or other open space
purposes, such as the preservation of natural features, may be dedicated
to and accepted by the Township or may be reserved for private use,
in which case satisfactory arrangements shall be made, acceptable
to the Township, for the maintenance of all such areas.
(2)
The location, extent and purpose of land proposed to be set
aside for open space or for recreational use must be reviewed and
approved by the Township Planning Advisory Agency before the provisions
of this article apply. A private recreational use, such as golf course
or a swimming pool, whose use is limited to the owners or occupants
of lots located within the subdivision and other such nearby landowners
who may wish to become members of the corporation, may be approved
as common land. Other uses or site which may qualify as common land
may include, but not be limited to, historic buildings or sites, natural
parks and parkway areas, landscaped parks, bridle paths, landscaped
walkways, extensive areas with tree cover, and the low land along
streams or areas of rough terrain where such areas are extensive and
have natural features worthy of preservation.
(3)
Necessary covenants, easements and/or restrictions must be established
to provide for public utilities, drainage, trails for hiking or bicycling,
or any other permitted use designated for the benefit of owners or
occupiers of the development.
(4)
If a subdivision includes a proposal to dedicate to the Township
land for park and/or open space use under provisions of this section,
the total land area to be dedicated shall be delineated on the subdivision
plan with a note stipulating that the legal means of conveyance shall
be by dedication.
(5)
If a subdivision includes as part of its open space land lands
deemed by the Board of Commissioners, with the recommendation of the
Township Planning Advisory Agency, to be key elements in the Township
open space system according to the Upper Moreland Township Comprehensive
Plan, such land shall be required to be either dedicated to the Township
or use by the public shall be ensured through a public access easement
or other reasonable means.
(6)
If the open space land is to be retained by the property owners,
the Township will require the property owners to provide for and establish
a homeowners' association, other organization, or funded community
trust for the ownership and maintenance of the open space, and that
such organization shall not be dissolved nor shall it dispose of the
open space by sale or otherwise except to an organization conceived
and established to own and maintain the open space or by dedication
to and acceptance by the Township.
(7)
If the open space land is to be controlled by other than the
Township, then all property owners of the tract shall have equal rights
and obligations in the organization, and these rights and obligations
shall be included in all deeds which shall be properly recorded, and
the agreement containing these rights and obligations shall be approved
by the Board of Commissioners at the same time as the plan is approved.
In the event that the organization established to own and maintain
open space land, or any successor organization, shall at any time
after establishment of the cluster development fail to maintain the
open space land in reasonable order and condition in accordance with
the development plan, the Township may serve written notice upon such
organization or upon the property owners of the cluster development,
setting forth the manner in which the organization has failed to maintain
the open space land in reasonable condition, and said notice shall
include a demand that such deficiencies or maintenance be corrected
within 30 days thereof, and shall state the date and place of a hearing
thereon, which shall be held within 14 days of the notice. At such
a hearing, the Township may modify the terms of the original notice
as to the deficiencies and may give an extension of time within which
they shall be corrected. If the deficiencies set forth in the original
notice or in the modifications thereof shall not be corrected within
said 30 days or any extension thereof, the Township, in order to preserve
the taxable values of the properties within the cluster development
and to prevent the open space land from becoming a public nuisance,
may enter upon said open space land and maintain the same for a period
of one year. Said maintenance by the Township shall not constitute
a taking of said open space nor vest in the public any rights to use
same. Before the expiration of said year, the Township shall, upon
its initiative or upon the request of the organization theretofore
responsible for the maintenance of the open space land, call a public
hearing upon notice to such organization or the property owners of
the cluster development, to be held by the Board of Commissioners,
at which hearing such organization or the residents of the cluster
development shall show cause why such maintenance by the Township
shall not, at the option of the Township, continue for a succeeding
year. If the Board of Commissioners shall determine that such organization
is ready and able to maintain said open space land in reasonable condition,
the Township shall cease to maintain said open space land at the end
of said year. If the Board of Commissioners shall determine that such
organization is not ready and able to maintain said open space land
in a reasonable condition, the Township may in its discretion continue
to maintain said open space land during the next succeeding year and,
subject to a similar hearing and determination in each year thereafter.
(8)
The cost of maintenance by the Township shall be assessed ratably
against the properties within the cluster development and shall become
a lien on said properties. The Township at the time of entering upon
said open space land for the purpose of maintenance shall file a notice
of lien in the office of the Prothonotary of the County, upon the
properties affected by the lien within the cluster development.
In addition to the information to be shown on plans submitted
in accordance with the Upper Moreland Township Land Subdivision Regulations.
Applications for a rezoning to the R-3A Cluster Development District
shall be accompanied by the following plans and information:
A.
The location and size of the site, with evidence supporting the general
adequacy for development.
B.
The proposed residential density of the development and the amount of open space to be preserved, as determined by § 350-161 herein.
C.
The location, size, accessibility and proposed use of the open space,
manner of ownership and maintenance, and a copy of the covenant to
be incorporated in the individual deeds, if applicable.
D.
The typical height and conceptual placement of clusters and/or buildings
with evidence of variation in setbacks from rights-of-way and variation
of lot sizes so as to create aesthetically pleasing frontages and
lots.
E.
A written statement from the appropriate authority(ies) establishing
the availability of public sewer and water systems to service the
proposed development.
F.
Plans, maps and/or renderings indicating the existing natural features
of the site, the design, unity and aesthetic relationship of buildings
and landscaping within the proposed development, which may include
(but are not limited to) the following:
G.
The proposed text of pertinent covenants, easements and existing
restrictions or those to be imposed upon the land or buildings, including
provisions for public utilities and trails for such activities as
hiking or bicycling, if desired.
H.
In the case of plans involving staged development over a period exceeding
two years, a schedule showing the proposed time and manner of completion
of all phases of construction.
Applicants who have received zoning approval from the Board
of Commissioners shall process subsequent subdivision and/or land
development plans in accordance with the preliminary and final plan
submission requirements of the Township's Subdivision and Land Development
Regulations. In addition, the applicant shall submit a stormwater
management plan for the proposed development.
Upon the written request of the applicant and in accordance
with accompanying plans filed by the applicant, the Board of Commissioners
may waive or modify the strict requirements of the Subdivision and
Land Development Regulations or the requirements of this article,
if the modification will result in furthering the objectives of the
article and of the Comprehensive Plan.
The developer is encouraged to obtain a trained and experienced
land planner, registered architect, professional engineer and/or landscape
architect to prepare plans for all developments proposed pursuant
to this article, to enable the most expeditious processing of such
developments.
