In conformance with the state-enabling legislation, the purposes
of this article, among others, are as follows:
A. To conserve open land, including those areas containing unique and
sensitive natural features such as woodlands, steep slopes, streams,
floodplains and wetlands, by setting them aside from development;
B. To provide greater design flexibility and efficiency in the siting
of services and infrastructure, including the opportunity to reduce
length of roads, utility runs, and the amount of paving required for
residential development;
C. To reduce erosion and sedimentation by the retention of existing
vegetation, and the minimization of development on steep slopes;
D. To provide for a diversity of lot sizes, building densities, and
housing choices to accommodate a variety of age and income groups
and residential preferences, so that the community's population diversity
may be maintained;
E. To implement adopted Township policies to conserve a variety of irreplaceable
and environmentally sensitive resource lands as set forth in the Township's
Comprehensive Plan, including provisions for reasonable incentives
to create a greenway system for the benefit of present and future
residents;
F. To implement adopted land use, transportation, and community policies,
as identified in the Township's Comprehensive Plan;
G. To protect areas of the Township with productive agricultural soils
for continued or future agricultural use, by conserving blocks of
land large enough to allow for efficient farm operations;
H. To create neighborhoods with direct visual or physical access to
greenway land, with amenities in the form of common greens and a strong
neighborhood identity;
I. To provide for the conservation and maintenance of open land within
the Township to achieve the above-mentioned goals and for active or
passive recreational use by residents;
J. To provide multiple options for landowners in order to minimize impacts
on environmental resources (sensitive lands such as wetlands, floodplain,
and steep slopes) and disturbance of natural or cultural features
(such as mature woodlands, hedgerows and tree lines, critical wildlife
habitats, historic buildings, and fieldstone walls);
K. To provide standards reflecting the varying circumstances and interests
of individual landowners, and the individual characteristics of their
properties; and
L. To conserve scenic views and elements of the Township's rural character,
and to minimize perceived density by minimizing views of new development
from existing roads.
This district shall be an overlay on the R-1 Residential District
and shall apply to all single-family detached residential uses on
tracts with 10 or more acres of total developable area.
The design of all new conservation subdivisions shall be governed
by the following minimum standards:
A. Ownership. The tract of land may be held in single and separate ownership
or in multiple ownerships. However, when a tract is held in multiple
ownerships, it shall be planned as a single entity with common authority
and common responsibility.
B. Site suitability. As evidenced by the existing resources/site analysis
plan (ER/SA), the preliminary plan, and the final plan, the tract
incorporating this design option shall be suitable for supporting
development in terms of environmental conditions, its size, and configuration.
C. Combining the design options. The various layout and density options described in this section may be combined at the discretion of the Board, based upon demonstration by the applicant that such a combination would better fulfill the intent of this chapter, in particular, the stated purposes of this section, as compared with applying a single option to the property. When more than one option is applied to a development tract, the applicant shall clearly indicate the boundaries of where each option applies. Lower density areas of the development tract shall be restricted from future higher density in accordance with §
275-200.
D. Community wastewater systems. In developments that are proposed to be served by community wastewater disposal systems, the selection of wastewater treatment technique shall be in accordance with §
215-48 in Chapter
215, Subdivision and Land Development.
Whenever the landowner is providing greenway land as part of
the development, a conservation easement restricting such greenway
land in perpetuity against further subdivision or development shall
be executed between the landowner and the Township or a qualified
land conservancy acceptable to the Township. Deed restrictions may
be used in limited applications, as determined by the Township.
A. Conservation easements. Conservation easements, prepared to the satisfaction
of the Township Solicitor, are required to protect greenway lands
from further subdivision and development and to conserve the natural
characteristics of such lands. Conservation easements shall conform
to the following minimum requirements:
(1)
Easements shall be granted to a land trust or conservation organization
recognized by the Township. The grantee shall have the rights of reasonable
entry and enforcement.
(2)
The property to be eased shall be described by metes and bounds,
by an exhibit containing the subdivision plan and designating the
property, and photographs which illustrate the nature and character
of the property and any special environmental features identified
by the Planning Commission during the subdivision process.
(3)
Grantors shall declare that the terms of the easement shall
run with the land and bind the property in perpetuity for the benefit
of the grantee.
(4)
The uses of eased property shall be limited by the permitted uses defined by §
275-199A of this chapter. The following use restrictions shall also apply:
(a)
The property shall not be further subdivided.
(b)
Construction shall be permitted only in areas specifically designated
in the property description and approved by the Board of Supervisors.
The determination of the need for any additional disturbance shall
lie with the Board of Supervisors.
(c)
Cutting and removing of vegetation, including trees, shall be
permitted only to maintain the original characteristics of the land
as defined in the property description, removal of invasive plant
species, and for permitted construction activities.
(d)
Signs, fencing and dumping shall be restricted consistent with
the permitted uses and natural characteristics of the property.
(5)
In addition to the minimum requirements defined above, conservation
easements shall contain whatever terms and restrictions are deemed
appropriate by the Township, given the particular conditions presented
by each property. The Township shall be guided by the objectives set
forth in the Township Comprehensive Plan and Open Space Plan.
(6)
Provisions pertaining to remedies, liability, indemnification
and other relevant subjects shall be approved by the grantor, the
Township and the authorized representative of the grantee before final
approval of the development plan by the Township.
B. Deed restrictions. Deed restrictions may be used in the place of
conservation easements only under the following circumstances and
in accordance with the following standards:
(1)
In Option 1, Basic Conservation, if no entity is available or
willing to hold a conservation easement on required greenway land,
a deed restriction may be used.
(2)
In Options 2 and 3, Estate Lots and Country Properties, where
primary and secondary resources are located on individual residential
lots, and if no entity is available or willing to hold a conservation
easement on such land, a deed restriction may be used.
(3)
When greenway land totals less than five acres, a deed restriction
may be used.
(4)
Restrictions, meeting Township specifications, shall be placed
in the deed for each lot of greenway land. The deed restriction shall
ensure the permanent protection and continuance of the greenway land
and shall define permitted uses.
(5)
The Township shall be party to the deed restriction. The deed
restriction may be used only if approved by the Township. If the Township
does not agree to be party to the deed restriction, no deed restriction
shall be used.
(6)
It shall be clearly stated in the individual deeds that maintenance responsibility for the greenway land lies with the individual property owner, with enforcement powers by the Township as set forth in §
275-201C.
Where intended as common or public amenities, all landscape improvements, plantings, trails, and recreational facilities within greenway land shall be provided by the developer. A performance bond or other security acceptable to the Township shall be required to cover the costs of installation of such improvements in the greenway land. The performance bond or other security shall be in the same form and adhere to the same conditions as otherwise required for proposed improvements by Chapter
215, Subdivision and Land Development.