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) 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.
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.
E.
See the site design process in the SALDO chapter to guide the applicant in the layout of the conservation
development.
See provisions limiting alteration of steep slopes in the SALDO
chapter.
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.