[Added 9-16-2009 by Ord. No. 09-9-1]
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.
A.
In order to achieve the purposes in § 275-191, the following three residential development options are permitted by right:
(1)
Option 1, Basic Conservation Option, providing for residential
uses at the density permitted by the underlying zoning, with at least
50% greenway land.
(2)
Option 2, Estate Lot Option, providing for residential uses
at half the density of the Basic Conservation Option, with common
greenway land permitted but not required. In return for the ability
to lot out the entire parcel with no common greenway land, the density
is reduced by half of Option 1.
(3)
Option 3, Country Property Option, providing for residential
uses at very low densities, with common greenway land permitted but
not required. Accessory dwelling units (ADUs) and reduced street standards
are provided as incentives for the use of this option.
B.
Other permitted uses:
(3)
In the Country Property Option, on a building lot containing
10 or more acres, an accessory dwelling unit (ADU) is permitted, subject
to the following provisions:
(a)
The ADU shall be secondary to the principal dwelling and shall
not be conducted as an independent principal use, shall not be separately
subdivided and shall be designed to harmonize with the appearance
of the principal dwelling.
(b)
The ADU shall be located within the principal dwelling unit
or in existing or new outbuildings (such as barns, stables, carriage
houses, garages, and spring houses).
(c)
The gross floor area of the ADU shall not exceed 1,200 square
feet. An existing historic accessory building more than 75 years old
that exceeds these floor area limits may be used as an ADU.
(d)
The ADU shall meet all the setback standards in § 275-96C, except that historic accessory buildings more than 75 years old shall be exempt from these requirements.
(e)
Building permits for an ADU shall not be issued until the applicant
demonstrates that a restrictive easement, to be prepared to the satisfaction
of the Township Solicitor, has been placed on the subject property
prohibiting future enlargement of the ADU beyond that permitted herein.
This restriction shall also be incorporated into the building permit.
Issuance of permits for ADUs shall be contingent upon approval of
the Sewage Enforcement Officer for appropriate sewage disposal systems.
(g)
The ADU may share a well and septic system with the principal
dwelling or may have its own well and septic system
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.
A.
The maximum number of dwelling units shall be determined by a calculation using the maximum density in the table below and the formulas in § 275-91.
B.
The minimum greenway land shall be as set forth in the table below.
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Table of Greenway Land Options
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Option 1
Basic Conservation
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Option 2
Estate Lot
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Option 3
Country Property
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Maximum density
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1 du/2 acres (87,120 square feet) total developable area
|
1 du/4 acres total developable area
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1 du/12 acres gross tract area
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Minimum greenway land
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50% total developable area plus all constrained land
|
Permitted, but not required
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Permitted, but not required
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Minimum lot area for individual lots
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2 acres developable lot area
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6 acres gross lot area
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|
On-lot sewer and water
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25,000 square feet developable lot area
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|
Central sewer and water
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18,000 square feet developable lot area
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Minimum lot width at building line (developable lot area) (feet)
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100
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200
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Lots 25,000 square feet or larger
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100
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Lots less than 25,000 square feet
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80
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Impervious coverage (developable lot area)
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5%
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4%
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Lots 43,560 square feet or larger
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15%
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Lots 25,000 to 43,559 square feet
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20%
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Lots 23,000 to 24,999 square feet
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25%
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Lots 18,000 to 22,999 square feet
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30%
| ||||
|
Front yard (developable lot area) (feet)
|
100
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100
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Lots 25,000 square feet or larger
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50
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Lots less than 25,000 square (feet)
|
35
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Garage setback* (feet)
|
10
|
10
|
10
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Side yard (developable lot area) (feet)
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Lots 25,000 square feet or larger
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15, aggregate 40
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30
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60
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Lots less than 25,000 square feet
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10, aggregate 25
| ||||
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Accessory building (feet)
|
10
|
10
|
10
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|
Rear yard (developable lot area) (feet)
|
60
|
60
| |||
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Lots 25,000 square feet or larger
|
50
| ||||
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Lots less than 25,000 square feet
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40
| ||||
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Accessory building (feet)
|
10
|
10
|
10
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NOTE:
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|---|---|---|
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*
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For front-facing garages, minimum distance behind the front
facade of the primary dwelling.
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C.
Lots shall meet all dimensional standards under each option as applicable.
D.
Maximum height:
(1)
For any dwelling: 35 feet.
(2)
For any building accessory to any dwelling use: 20 feet.
(3)
For any nonresidential building or other structure on a lot
greater than two acres: 35 feet, except that such height may be increased
to a maximum of 60 feet or such increased height as may be warranted
when approved by the Board, as a conditional use, for such structures
as water towers, barns, silos, chimneys, and stacks provided that
for every foot of height in excess of 35 feet there shall be added
to each yard requirement one corresponding foot of width or depth.
B.
All new dwellings shall meet the following setback requirements:
(1)
From all existing external road ultimate right-of-way: 100 feet.
(2)
From all other existing tract boundaries: 50 feet.
(3)
From cropland or pasture land within greenway land or on adjacent
parcels: 100 feet.
(4)
From buildings or barnyards housing livestock within greenway
land or on adjacent parcels: 300 feet.
(5)
From active recreation areas such as courts or playing fields
(not including tot-lots) within greenway land or on adjacent parcels:
150 feet.
C.
Views of dwellings from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping which meets the landscaping requirements of Chapter 215, Subdivision and Land Development.
D.
Dwellings shall generally be accessed from interior streets, rather
than from roads bordering the tract.
E.
At least 75% of the lots shall directly abut or face greenway land
across a street.
F.
Standards for common greens.
G.
Greenway land on conservancy lots. In the Basic Conservation Option, up to 80% of the required greenway land may be in the form of privately owned "conservancy lots" as permitted in § 215-52F in Chapter 215, Subdivision and Land Development. The remaining greenway land shall be owned and managed by a community association, conservation organization or the Township, in conformance with § 275-201B.
B.
The lot shapes shall not be irregular, except as allowed for flag
lots, and shall not have a lot depth to width ratio exceeding 5:1.
C.
Applicants shall place a deed restriction, prepared to the satisfaction
of the Township Solicitor, on Country Properties, preventing future
subdivision. A note shall be placed on the final plan identifying
the lots land stating the restriction. The Township shall be made
party to the deed restriction.
A.
The following uses are permitted on greenway land:
(1)
Conservation of open land in its natural state, including management
of invasive species.
(2)
Agricultural and horticultural uses, including raising crops
or livestock, and related accessory buildings. Specifically excluded
are commercial and intensive feedlot and livestock operations involving
swine, poultry, mink, and other animals likely to produce highly offensive
odors.
(3)
Pastureland for horses used solely for noncommercial recreational
purposes. Equestrian facilities shall be permitted, but may not consume
more than half of the minimum required greenway land.
(4)
Forestry, in keeping with established best management practices
for selective harvesting and sustained yield forestry as published
by the Pennsylvania Bureau of Forestry.
(5)
Common greens, picnic areas, community gardens, trails, and
similar low-impact passive recreational uses.
(6)
Active noncommercial recreation areas, such as playing fields
and courts for nonorganized sports, playgrounds, and bikeways, provided
such areas do not consume more than 50% of the minimum required greenway
land or five acres, whichever is less. Such recreational uses shall
meet the following standards:
(a)
Playing fields, playgrounds, and courts shall not be located
within 100 feet of properties abutting the development tract.
(b)
Minimum parking facilities for the same, as determined by the
Board of Supervisors, may also be permitted. Such lots may be paved
with gravel and shall be unlighted, properly drained and provide safe
ingress and egress.
(7)
Golf courses, when permitted by the underlying zoning district,
may comprise up to 50% of the minimum required greenway land, and
shall not include driving ranges or miniature golf. Accessory facilities
shall not exceed 1,200 square feet in total gross floor area devoted
to sales of golf equipment, clothing, food and other similar items.
Structures exceeding 1,200 square feet shall not be located in greenway
lands. Accessory facilities and parking areas shall not count toward
the minimum greenway land requirement. Golf courses shall be Audubon
Society certified.
(8)
Water supply and sewage disposal systems, and stormwater best
management practices (BMPs) facilities, excluding lagoons, structures
and access areas, provided such facilities do not occupy more than
half the required greenway land. Fields used for land application
of treated sewage effluent shall count toward the minimum greenway
land requirement.
(9)
Easements for drainage, access, sewer or water lines, or other
public purposes. Overhead power line easements or rights-of-way shall
not be counted toward the minimum greenway requirement.
B.
Greenway land design standards.
(2)
Greenway land shall be laid out in accordance with the Township's
Map of Potential Conservation Lands, in the Comprehensive Plan, to
ensure that, over time, an interconnected network of greenway land
will be created.
(3)
In Option 1, Basic Conservation, in which greenway land may
be owned by various entities, at least 20% of the total developable
area shall be available for the common use of the subdivision residents.
(4)
In Options 2 and 3, Estate Lots and Country Properties, in which
greenway land is permitted but not required, up to 80% of the tract
area may be included within undivided greenway land, if the developer
so chooses. The Board may request that up to 20% of the tract area
be set aside for public trails or open space links.
(5)
Buffers for adjacent public parkland. Where the proposed development
adjoins public parkland, a natural greenway buffer at least 150 feet
deep shall be provided within the development along its common boundary
with the parkland, within which no new structures shall be constructed,
nor shall any clearing of trees or understory growth be permitted,
except as may be necessary for street or trail construction or removal
of invasive plant species. Where this buffer is unwooded, the Board
may require vegetative screening to be planted, or that it be managed
to encourage natural forest succession through restrictive mowing
policies and the periodic removal of invasive plant species.
(6)
No portion of any building lot may be used for meeting the minimum required greenway land, except as permitted within conservancy lots described in § 275-196G.
(7)
Pedestrian and maintenance access shall be provided to greenway
land, except that greenway land used for agriculture or horticulture
may be restricted or prohibited for public safety and to prevent interference
with agricultural operations.
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.
C.
Standards for management of greenway land. The greenway management
plan shall be submitted and filed as part of the approved development
plan. Failure to adequately maintain the greenway land in reasonable
order and condition in accordance with the development plan constitutes
a violation of this chapter.
(1)
In the event that the organization established to maintain the
greenway land, or any successor organization thereto, fails to maintain
all or any portion thereof in reasonable order and condition as described
in the Greenway Management Plan (Default), the Township may serve
written notice upon the owner of record, setting forth the manner
in which the owner of record has failed to maintain the greenway land
in reasonable order and condition, and may direct the owner to remedy
the same within 20 days.
(2)
Upon default by any owner or other entity responsible for maintenance
of greenway land, where such maintenance is necessary to abate a nuisance,
emergency, hazard or other condition threatening persons or property
or the public health, safety or welfare, the Township may, but shall
not be obligated to, take the following actions:
(a)
Upon 30 days' advance written notice to the owner or entity
responsible for such maintenance (or any lesser number of days as
may be specified in the notice in instances of emergency) and the
failure of such owner or entity to perform the necessary maintenance
and remedy the condition set forth in the notice, the Township may
enter upon the greenway land to correct the condition. If the Township
is forced to assume responsibility for maintenance, any escrow funds
may be forfeited and any permits may be revoked or suspended.
(b)
Any and all costs incurred by the Township in connection with
such notice and maintenance shall be paid by the owner or responsible
entity within 10 days after written demand by the Township. Upon failure
of the owner or responsible entity to pay such costs in the time required,
there shall added thereto interest at the rate of 15% per annum as
well as all costs incurred by the Township in collection thereof.
(c)
All such costs of maintenance, remediation, notices, and collection,
including court costs and attorney's fees, shall constitute a municipal
lien and be enforceable as such against the owner or responsible entity.
Notice of such lien shall be filed by the Township in the office of
the Prothonotary of the County.
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.
