A key concept associated with conservation design is to focus
on residential density instead of minimum lot size. In a standard
subdivision, the land is simply cut into as many lots as possible
while meeting the minimum lot size requirement. Under conservation
design, which is based on unit density instead of minimum lot size,
the size of individual lots sold can vary in size, provided the total
number of lots does not exceed the density which is based on the underlying
minimum lot size. In conservation design, the maximum lot size is
the critical element, as it really defines the minimum open space
that must be conserved.
In conformance with the Pennsylvania Municipalities Planning
Code, the purposes of this section, among others, are as follows:
A. To conserve open land containing unique and sensitive natural features
such as woodlands, steep slopes, streams, floodplains and wetlands.
B. To conserve areas critical to the visual integrity of the landscape
by setting them aside from development.
C. To conserve scenic views and elements of the landscape, and to minimize
perceived density, by minimizing views of new development from public
viewing points.
D. 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.
E. To reduce erosion and sedimentation by the retention of existing
vegetation, and the minimization of development on steep slopes.
F. To provide for a diversity of lot sizes and housing choices at the
underlying zoning district density to accommodate a variety of age
and income groups, and residential preferences, so that the community's
population diversity may be maintained.
G. To implement adopted municipal policies to conserve a variety of
irreplaceable and environmentally sensitive resource lands as set
forth in the Coolbaugh Township, Borough of Mount Pocono, Tobyhanna
Township, Tunkhannock Township Regional Comprehensive Plan and the
Coolbaugh Township, Borough of Mount Pocono, Tobyhanna Township, Tunkhannock
Township Regional Open Space and Recreation Plan.
H. To implement adopted land use, transportation, and community policies
as identified in the Coolbaugh Township, Borough of Mount Pocono,
Tobyhanna Township, Tunkhannock Township Regional Comprehensive Plan.
I. To protect productive forest land in the Township for continued use
by conserving blocks of land large enough to allow for efficient forest
management operations.
J. To enable the creation of residential communities with direct visual
access to open land and amenities in the form of open space.
K. To provide for the conservation and maintenance of open land to achieve
the above-mentioned goals and for active or passive recreational use
by residents.
L. To provide multiple options for landowners in order to minimize impacts
on environmental resources and sensitive lands such as streams, water
bodies, wetlands, floodplain, and steep slopes, and minimize the disturbance
of natural or cultural features such as mature woodlands, hedgerows
and tree lines, critical wildlife habitats, historic buildings, and
fieldstone walls.
M. To provide standards reflecting the varying circumstances and interests
of individual landowners, and the individual characteristics of their
properties.
The design of all conservation subdivision design developments
shall be governed by the following minimum standards:
A. Ownership. The development tract shall be held in single ownership.
B. Primary conservation areas. The proposed design shall conserve the primary conservation areas. Demonstration by the applicant that these features are conserved by the proposed design shall be prerequisite to all preliminary and final plan approvals under Chapter
355, Subdivision and Land Development. Primary conservation areas include:
(2) Floodplain (including the floodway) as shown on the Township Flood
Insurance Rate Map.
C. Secondary conservation areas. The protection of secondary conservation areas shall be addressed through the Four-Step Design Process detailed in Chapter
355, Subdivision and Land Development.
Additional density may be permitted by the Board of Supervisors as a conditional use in accord with the following standards. The total for all bonuses shall not exceed 25% of the dwelling units permitted in §
400-25D.
A. Age-restricted dwelling units.
(1) Definition. A dwelling unit restricted to occupancy for at least
one person 55 years of age or older and with no person less than 19
years of age pursuant to the Housing for Older Persons Act of 1995,
as may be amended. For the purposes of this chapter, such dwelling
unit is not located in a facility where health services are provided
to occupant(s) including, but not limited to, assisted-living facilities,
continuing care retirement communities, skilled nursing care facilities,
intermediate care facilities, nursing and personal care facilities,
residential care facilities and convalescent homes.
(2) Bonus. For each age-restricted unit provided, one additional dwelling unit shall be permitted, up to a maximum increase of 15% over the maximum number of units permitted in §
400-25E.
B. Workforce housing.
(1) Construction deadline. The applicant shall provide evidence that
the workforce housing units will be completed by the time 75% of the
market rate dwellings are completed. Zoning permits for the remaining
25% of market rate units will not be issued until all workforce housing
units are completed.
(2) Bonus. For each workforce housing unit provided, one additional dwelling unit shall be permitted, up to a maximum increase of 15% over the maximum number of units permitted in §
400-25E.
(3) Workforce definition. For the purposes of this section, "workforce
housing" is defined as a unit made available at rents for residents
whose income is between 30% to 60% of Area Median Income (AMI); and
home prices for residents whose income is between 80% to 100% of AMI,
adjusted for family size, as determined by the U.S. Department of
Housing and Urban Development.
The following uses are permitted in conservation open space
areas:
A. Open land. Conservation of open land in its natural state (for example,
woodland, fallow field, or managed meadow).
B. Agriculture and horticulture. Agricultural and horticultural uses,
including raising crops or livestock, wholesale nurseries, associated
buildings. Specifically excluded are dwellings, commercial livestock
operations involving swine, poultry, mink, and other animals likely
to produce highly offensive odors.
C. Horses. Pasture land for horses used solely for recreational purposes.
Equestrian facilities shall be permitted but may not consume more
than 50% of the minimum required conservation open space.
D. Forestry. Forestry in keeping with established best management practices
for selective harvesting and sustained yield forestry as published
by the Pennsylvania Bureau of Forestry.
E. Neighborhood open space. Uses such as village greens, commons, picnic
areas, community gardens, trails, and similar low-impact passive recreational.
F. Recreation. Active noncommercial recreation areas, such as playing
fields, playgrounds and bikeways, not requiring supporting structures.
Such recreational uses shall meet the following standards:
(1) Such areas shall not consume more than 50% of the minimum required
conservation open space or five acres, whichever is less. The five-acre
limit may be increased to 10 acres on development parcels 200 acres
or larger.
(2) Playing fields and playgrounds shall not be located within 100 feet
of the tract boundary or a dwelling unit within the development parcel.
(3) 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.
G. Golf courses. Golf courses and their accessory facilities and parking
areas, when permitted by the underlying zoning district, may comprise
up to 50% of the minimum ATA of the required conservation open space.
This use shall not include driving ranges or miniature golf. The gross
floor area devoted to sales of golf equipment, clothing, food and
other similar items shall not exceed 1,200 square feet. Accessory
facilities and parking areas shall not count toward the minimum conservation
open space requirement.
H. Water; sewer; stormwater. Water supply systems, sewage disposal systems,
stormwater management systems and associated easements, provided the
total area does not exceed 20% of the minimum ATA required in the
conservation open space. The following standards shall apply:
(1) Water supply systems.
(a)
Drainage easements for water lines may be counted toward the
minimum conservation open space requirement.
(b)
Land used for ground-level well structures and associated parking
exceeding 5,000 square feet shall not count toward the minimum conservation
open space requirement.
(2) Sewage disposal systems.
(a)
Sewage treatment lagoons, structures, structure access areas
and parking lots shall not count toward the conservation open space
requirement.
(b)
Soil absorption areas shall be appropriate for active or passive
recreation.
(c)
Sewage disposal areas in conservation open space shall be appropriate
for active or passive recreation or shall be managed as meadows or
forests; and may be counted toward the minimum conservation open space
requirements.
(d)
Absorption fields serving individual dwelling units may be located
in the conservation open space, but individual treatment tanks shall
be located within the lots they serve.
(e)
Each proposed absorption field area located in the conservation
open space shall be situated in the closest proximity to the lot served.
(f)
The responsibility for the maintenance of any individual absorption
system shall be clearly defined including adequate surety, and an
easement for the installation and maintenance of any such system shall
be provided.
(g)
Drainage easements for sewer lines may be counted toward the
minimum conservation open space requirement.
(3) Stormwater management systems. The following stormwater management
practices may be counted toward the minimum conservation open space
requirement provided they meet the guidelines in the Pennsylvania
Stormwater Best Management Practices Manual:
(a)
Infiltration basin, provided the berms do not exceed 36 inches
in height;
(b)
Subsurface infiltration bed;
(f)
Infiltration berm, provided the berm does not exceed 24 inches
in height.
I. Easements. Easements for drainage, access, sewer or water lines,
or other public purposes.
J. Utility rights-of-way. Underground utility rights-of-way. Aboveground
utility and street rights-of-way may traverse conservation areas but
shall not count toward the minimum required conservation open space.
If a subdivision includes a minimum of 250 dwelling units, then as a conditional use, a maximum of two acres within the subdivision may be used for the commercial uses in §
400-32B(2) in accord with the standards in §
400-34C. The applicant shall prove to the Board of Supervisors that the commercial development has been designed and located with traffic access that is fully coordinated with the residential development. To the maximum extent feasible, traffic access shall be fully coordinated with adjacent development.