The purpose of the Conservation Development Option is to allow
flexible development of areas with sensitive natural features in such
a way as to:
A.
Avoid severe soil erosion and sedimentation;
B.
Avoid severely increased stormwater flows and speeds;
C.
Steer development to those areas that are more physically suited
for it;
D.
Avoid construction of steep roads that are difficult, time-consuming
and expensive to maintain and snowplow;
E.
Avoid increased use of steep roads and driveways that are dangerous
to drive upon in snow and ice;
F.
Conserve forested areas that are an important part of the ecological
cycle, providing for groundwater recharge, air pollution reduction
and wildlife habitats;
G.
Reduce construction costs;
H.
Allow each property owner a reasonable use of his or her land,
related directly to the natural features and location and accessibility
of the land;
I.
Provide for the preservation of significant areas of preserved
open space; and
J.
Recognize that groundwater supplies and the ability of the ground
to treat sewage wastes are limited and may become overtaxed if the
entire Township is developed in one-acre-minimum lots from end to
end.
This article allows an applicant the option to reduce the minimum
lot areas on a tract of land if the applicant proves, to the satisfaction
of the Township, that all of the requirements of this section will
be complied with. These provisions are intended to allow flexibility
in the placement of individual dwelling units in order to locate homes
away from important natural areas and other community assets and to
preserve open space.
A.
The term "conservation development" shall mean a residential
development that meets the requirements of this section and which
is approved as a conservation development.
(1)
Uses. Except as specifically allowed otherwise, a conservation
development shall only include the following uses: single-family detached
dwellings, conservation open space, Township-owned recreation and
their customary permitted accessory uses. A mobile/manufactured home
shall not be allowed in a conservation development, and a mobile/manufactured
home park shall not qualify as a conservation development.
B.
A tract may be eligible for approval for a conservation development
if it includes a minimum of four acres of lot area in common ownership,
except that such minimum shall be increased to 10 acres in the RR
District. Such land area shall be contiguous, except that portions
of the tract may be separated only by existing or proposed streets
or creeks. This chapter (Table of Use Regulations)[1] shall govern when a conservation development is allowed
in a zoning district.
(1)
The minimum amount of conservation open space shall be based
upon the total tract area. However, only 50% of land area with slopes
greater than 25% shall count towards the minimum amount of conservation
open space. Only 50% of land area that includes wetlands shall count
towards the minimum amount of conservation open space. Only 50% of
land area that is within the one-hundred-year floodplain shall count
towards the minimum amount of conservation open space. Therefore,
for example, if 10 acres of conservation open space is required, the
natural features of the proposed conservation open space must be considered.
If the applicant proposed to meet this requirement with 10 acres of
land with a slope of over 25%, that would be insufficient. This is
because the 10 acres with a slope of over 25% would only be counted
as being equal to five acres of conservation open space. As a result,
the applicant would need to provide an additional five acres of conservation
open space that does not have slopes greater than 25%, is not wetlands
nor within the one-hundred-year floodplain.
(2)
Areas that were preserved by a conservation or agricultural
preservation easement prior to the submittal of the subdivision shall
not be counted towards the tract area or adjusted tract area in calculating
conservation open space or allowed density.
(3)
Areas used for a principal nonresidential use (other than uses
approved by the Township to be part of the conservation open space)
shall not be included within the tract area used to calculate allowed
density. Note: Other provisions of this section address when a golf
course may be included in the conservation open space.
(4)
Conservation easements shall be established on lots to prevent
further subdivision, as necessary, to make sure that the maximum density
requirement is met over time. Such conservation easements shall prevent
the resubdivision of lots in a manner that would violate this section.
[1]
Editor's Note: The Table of Use Regulations is included at the end of this chapter.
C.
A conservation development shall be designed as a unified, coordinated
residential development and shall be approved within a development
plan controlled by a single development entity. After final subdivision
approval and within an approved development agreement(s), a developer
may sell individual lots to different builders or home buyers, provided
that the developer or his/her successor remains responsible for ensuring
compliance with the approved development plan.
D.
The application shall be provided to the Planning Commission
and Board of Supervisors for review of zoning compliance.
A.
Density bonuses.
(1)
The maximum number of dwelling units allowed on the tract through
conservation development shall be no more than 25% greater than would
otherwise be allowed if:
(a)
All dwelling units on the tract would be permanently
limited in occupancy to at least one person age 55 and older, with
no residents under age 18; or
(b)
All dwelling units on the tract would be permanently
limited to being time-share units that are owned by a minimum four
different landowners, with no person residing on the premises more
than 100 days per year, other than a manager and his/her family.
(2)
The maximum number of dwelling units allowed on the tract through
conservation development shall be no more than 10% greater than would
otherwise be allowed if the amount of conservation open space equals
at least an additional 10% of the adjusted tract area beyond what
would otherwise be required. For example, if 50% conservation open
space is required in a district, then the density may be increased
by up to 10% if at least 60% conservation open space would be provided.
B.
Within a conservation development, except where specifically
provided otherwise in this section, the only allowed dwelling units
shall be single-family detached dwellings. The following minimum lot
areas shall apply, provided that the total maximum density for the
tract is not exceeded:
(1)
"On-lot" means on-lot well and sewage systems; "W&S" means
service by both Township-approved central water and sewage systems;
"sf" means square feet.
|
Minimum Lot Areas
| |||||
|---|---|---|---|---|---|
|
Zoning District
|
For Conventional Development: Minimum Lot Area
Per Dwelling Unit*
(For information purposes. See actual requirements
elsewhere in this chapter.)
|
For Conservation Development: Average Minimum
Lot Area Per Dwelling Unit*
(For purposes of determining maximum number of
dwelling units, see site capacity calculations in this chapter.)
|
For Conservation Development: Minimum Lot Area
Per Dwelling Unit
(Without both W&S)
|
For Conservation Development: Minimum Lot Area
Per Dwelling Unit
[With either central sewer (Alternative 1) or
both W&S (Alternative 2)]
|
For Conservation Development: Minimum Percentage
of Total Tract Area Required To Be In Conservation Open Space
|
|
RR Rural Reserve District
|
5 acres
|
2 acres
|
1 acre**
|
21,780 square feet
|
50%
|
|
R1 Residential Density
|
2 acres
|
1 acre
|
32,670 square feet**
|
Alternative 1: 21,780 square feet
|
50%
|
|
Alternative 2: 15,000 square feet
| |||||
|
R2 Residential District
|
1 acre without central W&S; 21,780 square feet
with both W&S
|
1 acre without W&S; 15,000 square feet with both
W&S
|
32,670 square feet**
|
Alternative 1: 21,780 square feet
|
50%
|
|
Alternative 2: 10,000 square feet
| |||||
|
NOTES:
| |
|---|---|
|
*
|
The maximum number of dwelling units on a tract of
land shall be determined based upon the adjusted tract area as provided
for elsewhere in this chapter. [Note: To determine the adjusted tract
area, percentages of certain features of land are deleted, such as
percentages of areas with very steep slopes. The resulting land area
is then divided by the minimum lot area (or multiplied by a maximum
number of units per acre) to determine the number of allowed dwelling
units on the tract.] When determining the minimum lot area per dwelling
unit in a conservation development, the required conservation open
space is not deducted from the adjusted tract area. The requirement
of the adjusted tract area as provided for elsewhere in this chapter
is in addition to proving that each lot meets the minimum lot area
requirement (which does not by itself require consideration of adjusted
tract area).
|
|
**
|
See the subsection below concerning lot sizes and location
requirements for septic and sewage systems.
|
C.
Reduction of setbacks and lot widths.
(1)
The following minimum lot widths shall apply for single-family
detached dwellings within a conservation development:
|
Required Minimum Lot Area
(square feet)
|
Minimum Lot Width at Minimum Front Yard Setback Line
(feet)
| |
|---|---|---|
|
43,560 or larger
|
150
| |
|
21,780 to 43,559
|
120
| |
|
15,000 to 21,779
|
100
| |
|
10,000 to 14,999
|
70
|
(2)
The following minimum yards shall apply for single-family detached
dwellings within a conservation development:
|
Required Minimum Lot Area
(square feet)
|
Minimum Yard Widths
(feet)
| |||
|---|---|---|---|---|
|
Front
|
Each Side
|
Rear
| ||
|
43,560 or larger
|
40
|
20
|
40
| |
|
21,780 to 43,559
|
30
|
15
|
40
| |
|
15,000 to 21,779
|
30
|
15
|
30
| |
|
10,000 to 14,999
|
30
|
10
|
20
| |
D.
Attached dwellings in a conservation development.
(1)
In the R1 or R2 Residential Districts, in addition to single-family
detached dwellings, townhouses and duplex dwellings shall also be
allowed if they will be served by Township-approved central water
and central sewage services. In such case, the townhouses and duplex
dwellings shall meet the requirements that are listed in the Table
of Area and Dimensional Requirements for Certain Residential Uses
in this chapter, except that the following additional requirements
shall apply:
(a)
In the R1 district, a minimum of 75% of the total
tract area shall be permanently preserved in conservation open space.
To determine the maximum density within the subdivision or land development,
the adjusted tract area as calculated by this chapter shall be divided
by 32,670 square feet to determine the maximum number of dwelling
units.
(b)
In the R2 district, a minimum of 60% of the total
tract area shall be permanently preserved in conservation open space.
To determine the maximum density within the subdivision or land development,
the adjusted tract area as calculated by this chapter shall be divided
by 21,780 square feet to determine the maximum number of dwelling
units.
E.
Utilities. Any lot of less than 32,670 square feet shall be
served by Township-approved central sanitary sewerage service. While
a central water system is recommended for lots less than 32,670 square
feet, they are not required until lots are less than 1/2 acre (21,780
square feet).
(1)
A community septic system drain field shall not be allowed within
the conservation open space. Said system must be located on a separate
lot that is owned by a community association made up of those lots
that are served by the community system. The system shall be professionally
operated and maintained, with each homeowner legally bound to fund
such system.
(2)
Community water supply wells may be located within the conservation
open space. Proper easements shall be required if any community well
will be within the conservation open space.
(3)
Spray irrigation or drip irrigation for a community sewage system
may be located within the conservation open space, provided the system
is professionally operated and maintained.
(4)
Land occupied by a wastewater or water supply treatment plant
or storage tank or treatment lagoon shall not be located in the conservation
open space. Said facilities must be located on a separate lot that
is owned by a community association made up of those lots that are
served by the community system.
F.
Conservation development shall not be combined with transfer
of development rights.
G.
Subdivision of only part of a tract. This subsection addresses
a situation in which only part of a lot is proposed to be subdivided,
and the applicant at the present time does not intend to subdivide
for the maximum number of dwellings allowed by this chapter. In such
case, the applicant shall provide sufficient conservation open space
that corresponds to the portion of the tract that is being used to
meet this ordinance requirements.
(2)
The land under the conservation easement shall be a regular
shape, such as a rectangle, and shall be located in such a manner
as to allow it to adjoin land that could be added under a conservation
easement in the future.
(3)
For informational purposes only: The following hypothetical
example assumes a lot includes 50 acres, and the calculations under
this chapter determine that the applicant for a conservation development
is allowed a total of 30 new dwellings. In this example, the applicant
only wishes to subdivide lots for 10 new dwellings at the present
time, which is 1/3 of the total number of allowed dwellings. In this
example, 25 acres of conservation open space would have been needed
if the entire tract was developed as single-family detached units.
Because only 1/3 of the allowed dwelling units are being approved,
then the conservation easement at this time would only need to apply
to 1/3 of 25 acres, which is 8.25 acres. The 8.25 acres under the
conservation easement would need to be placed on the tract at a location
where it could be joined by the remaining 16.75 acres of land under
a conservation easement if the applicant in the future decided to
subdivide lots for the remaining 20 dwelling units that are allowed.
A.
The applicant shall prove that the conservation open space will
be suitable for its intended purposes and will comply with the conservation
open space requirements.
B.
The applicant shall prove that the proposed conservation development
has been designed in full consideration of important natural features,
including mature woodlands, creek valleys, steep slopes and wetlands.
The applicant shall demonstrate that the site layout was prepared
following the four-step design process as provided in the SALDO chapter.[1]
(1)
At a minimum, the applicant shall prove that areas along perennial
creeks shall be preserved in their natural state, except for landscaping,
erosion control improvements, public recreation improvements and needed
utility, street and driveway crossings.
(2)
The natural features of the site shall be a major factor in
determining the location of dwelling units and streets.
A.
Conservation open space uses and design. Conservation open space
shall meet the requirements for conservation open space in the SALDO
chapter.[1] Land used to meet the requirements for the minimum amount
of conservation open space shall also comply with all of the following
standards:
(1)
A conservation development is not required to meet the common
open space land or recreation fee requirements of the SALDO chapter.
(2)
Conservation open space shall be permanently deed-restricted
or protected by an appropriate conservation easement to prevent the
following: construction of buildings (other than as necessary to support
maintenance of the open space or agricultural uses); use for any commercial
purposes, other than agricultural uses or a golf course; or clear-cut
forestry.
(3)
Land approved as conservation open space shall only be used
for noncommercial active or passive recreation, a Christmas tree farm,
a golf course, a nature preserve, a wholesale plant nursery and/or
Township-approved agricultural uses. Areas occupied by any buildings
or parking lots shall not count towards the minimum conservation open
space. In order for a Christmas tree farm or a wholesale plant nursery
to count as the minimum open space, trees must be regularly replanted.
(4)
The Township may require the use of conservation easements within
a conservation development to limit the disturbance of natural slopes
over 15%, wetlands, mature forests, creek valleys and other important
natural features.
(5)
Lots and open spaces shall be located to promote pedestrian
and visual access to preserved open spaces whenever possible.
(6)
Conservation open space shall not permit the use of motorized
off-road recreational vehicles or firearm target ranges.
(7)
Underground utility rights-of-way and easements may be located
within the conservation open space. Aboveground electric transmission
rights-of-way and street rights-of-way may traverse conservation open
space but shall not count toward the minimum required conservation
open space.
B.
Conservation open space ownership. Land within a conservation
development may be permanently preserved as public, semipublic or
privately owned conservation open space.
(1)
The Township shall only approve a conservation development if
the applicant proves there will be an acceptable method to ensure
permanent ownership, preservation and maintenance of land that will
not be included in individual home lots.
(2)
The method of ownership, use and maintenance responsibilities
of conservation open space shall be determined prior to final subdivision
or land development approval and shall be acceptable to the Township.
Required conservation open space shall be owned by one or a combination
of methods that is authorized by the SALDO chapter.
(3)
Legal documents providing for ownership and/or maintenance of
conservation open space shall be reviewed by the Township Solicitor
and be subject to approval by the Board of Supervisors prior to approval
and recordation of the final plan.
See provisions limiting alteration of steep slopes in the SALDO
chapter.[1]
A conservation development shall have an interior street system
that serves all lots/units within the conservation development.
The development shall include a phasing system that shall be
approved by the Board of Supervisors. Such phases shall ensure that
the requirements of this section would be met after the completion
of any one phase and that the development could properly function
without the construction of additional phases.
The Township may require that the developer provide a nonmotorized
trail easement and/or construct a trail through conservation open
space. If a developer is required to install a trail, it shall be
completed prior to the final sale of any adjacent residential lots.
