A.
It is the intent and purpose of this article to provide a means for
logical and efficient development within the Agricultural (A) and
Rural Residential (RR) Zoning Districts while maintaining their natural
character. Use of the conservation subdivision design approach in
these districts implements the land use and conservation objectives
of the adopted Comprehensive Plan. A conservation subdivision shall
be designed with the following objectives to satisfy the intent of
this article and the required design provisions and procedures included
in the Subdivision and Land Development Ordinance:
(1)
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;
(2)
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;
(3)
To provide greater design flexibility and efficiency in the siting
of services and infrastructure, including the opportunity to reduce
length of streets, utility runs, and the amount of paving required
for residential development;
(4)
To reduce erosion and sedimentation by the retention of existing
vegetation and the minimization of development on steep slopes;
(5)
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;
(6)
To implement adopted Township policies to conserve a variety of irreplaceable
and environmentally sensitive resource lands, including provisions
for reasonable incentives to create a greenway system for the benefit
of present and future residents;
(7)
To permit clustering of houses and structures on less environmentally
sensitive soils so as to reduce the amount of infrastructure;
(8)
To implement adopted land use, transportation, and community policies,
as identified in the Comprehensive Plan;
(9)
To create neighborhoods with direct visual access to open land, with
amenities in the form of neighborhood open space, and with a strong
neighborhood identity;
(10)
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;
(11)
To provide standards reflecting the varying circumstances and
interests of individual landowners and the individual characteristics
of their properties; and
(12)
To conserve scenic views and to minimize perceived density,
by minimizing views of development from existing streets.
B.
In order to achieve these purposes, this article provides for flexibility
in designing new residential subdivisions by allowing two forms of
"by-right" development referred to as "options," as summarized below:
C.
GREENWAY LAND
PRIMARY CONSERVATION AREAS
SECONDARY CONSERVATION AREAS
When used in this article, the following terms shall have the following
meanings:
That portion of a tract that is set aside for the protection
of sensitive natural features, farmland, scenic views, and other unique
features.
Shall consist of wetlands; streams and other watercourses;
ponds and other water bodies; floodplains; and steep slopes greater
than 25%.
Shall consist of natural and/or cultural features on the
development site, in addition to the primary conservation areas, that
are identified during the four-step design process under the Subdivision
and Land Development Ordinance.[1] They shall include, but not be limited to, mature woodlands;
moderately steep slopes between 15% and 25%; natural heritage areas
identified in the Westmoreland County Natural Heritage Inventory;
historic features such as old stone walls and foundations; prime agricultural
land; and areas providing scenic vistas. Secondary conservation areas
should be prioritized and added to primary conservation areas in order
of priority so as to constitute the required greenway land.
A.
Conservation subdivision design may be utilized for any major subdivision
within the Agricultural (A) and Rural Residential (RR) Zoning Districts;
provided, however, that the cluster option may only be used in areas
that are served by public sewers.
B.
Conservation subdivision design shall be required when 40% or more of a proposed tract for development in the Agricultural (A) or Rural Residential (RR) Zoning District contains slopes of 15% or greater, according to the topographic analysis prepared as part of the resource protection inventory and natural features plan required by § 76-6.1 of the Subdivision and Land Development Ordinance. In addition, conservation subdivision design shall be required when 40% or more of a proposed tract in the Agricultural District contains prime agricultural land as classified by the United States Department of Agriculture.
C.
Exemptions: Minor subdivisions of no more than three lots and in
which there are no new required streets shall be exempt from the provisions
of this article.
A.
Principal uses. Principal uses permitted by right in conservation subdivisions are identified in the Table of Uses under the Agricultural and Rural Residential Districts in Article II, Table 1.[1]
[1]
Editor's Note: The Table of Uses is included as an attachment to this chapter.
B.
Accessory uses. Accessory uses in conservation subdivisions shall be the same as those permitted in the underlying districts as provided for in Article II, Table 2.[2] They shall be permitted on the same lot customarily incidental
to any permitted use and not conducted as an independent principal
use.
[2]
Editor's Note: Table 2 is included as an attachment to this chapter.
A.
For purposes of calculating density under the cluster option, the
applicant shall calculate the number of lots that would be permitted
if the site were developed as a conventional subdivision in the underlying
district after accounting for the terrain and land needed for streets,
stormwater systems and other infrastructure.
(1)
This calculation shall be performed using the following formula:
|
Number of dwelling units
|
=
|
(Gross Tract Acreage x 0.80)
Minimum Lot Size
| ||
|---|---|---|---|---|
|
Where:
| ||||
|
0.80 approximates the buildable area of the development site.
| ||||
(2)
The result shall be rounded to the next lowest number. If the applicant
believes that the development site can reasonably accommodate a greater
number of parcels than the number derived from the above formula,
the applicant may prepare a yield plan in accordance with the provisions
below.
B.
Yield plans shall meet the following requirements:
(1)
Yield plans shall be prepared as conceptual layout plans in accordance
with the standards of the Township's Subdivision and Land Development
Ordinance, containing proposed lots, streets, rights-of-way, and other
pertinent features. Although it must be drawn to scale, it need not
be based on a field survey.
(2)
The yield plan must identify and demonstrate that wetlands, streams,
floodplains, and steep slopes (in accordance with the Township Subdivision
and Land Development Ordinance) would be successfully absorbed in
the development process without disturbance, by allocating these areas
to proposed single-family dwelling lots.
The maximum density shall be one dwelling unit per two acres,
calculated on the gross tract acreage. The minimum lot size may be
reduced to one contiguous acre in subdivisions of two or more principal
dwelling units, provided that all remaining land (a minimum of one
acre per principal dwelling) is permanently protected from future
development through a conservation easement.
A.
Lots shall be situated on the development site in accordance with
the four-step process set forth in the Subdivision and Land Development
Ordinance. The layout of lots shall ensure that there will be no disturbance
of primary conservation areas.
B.
All new dwellings shall meet the following setback requirements from
off-site features:
C.
Views of house lots from exterior streets and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping which meets the landscaping and buffering requirements of Article XXIII of this chapter.
D.
House lots shall generally be accessed from interior public streets
rather than from external streets bordering the tract.
E.
All interior streets within a conservation subdivision shall be public
streets.
F.
In subdivisions using Option 1, cluster option, at least 314 of the
lots shall directly abut greenway land or face it across a street.
A.
Adjusted tract area. In determining the amount of the development
site that must be set aside as greenway land, the applicant shall
first calculate the adjusted tract area. The adjusted tract area equals
the gross tract area minus the constrained land (as determined below).
(1)
Constrained land equals the sum of the following:
(a)
All land within the rights-of-way of existing public streets
or highways, or within the rights-of-way for existing rights-of-way
of utility lines: multiply by 1.0;
(b)
All land under existing private streets: multiply by 1.0;
(c)
Wetlands, lakes, ponds and other water bodies: multiply the
acreage of designated wetlands by 1.0;
(d)
Floodway: multiply the acreage within the floodway by 1.0;
(e)
Floodplains: multiply the nonwetland portion of the one-hundred-year
floodplain by 0.50;
(f)
Riparian buffer - all land on either side and within 50 feet
of the center line of watercourses: multiply by 0.75;
(g)
Steep slopes: multiply the acreage of land with natural ground
slopes exceeding 25% by 0.80;
(h)
Moderate slopes: multiply the acreage of land with natural ground
slopes of between 15% and 25% by 0.50.
(2)
If a portion of the tract contains more than one feature subject
to a density factor, that acreage shall be subject to the most-restrictive
density factor.
B.
Minimum land requirement for greenways. The minimum amount of land
required for greenways within a cluster conservation subdivision shall
be the total acreage of constrained land plus 30% of the adjusted
tract area.
A.
Greenway land in country property developments may be contained within
the individual lots, or up to 50% may be set aside as undivided land
with common rights of usage among the subdivision residents.
B.
The minimum amount of greenway land within a country lots subdivision
shall be 50% of the gross tract area. All primary conservation areas
shall be included within greenway land and shall be permanently protected
from development.
A.
The public dedication of land requirements under § 76-10 of the Subdivision and Land Development Ordinance shall apply to all conservation subdivisions; provided, however, that the amount of land to be dedicated as recreational use area or open space/green area shall be credited by the Township toward meeting the minimum greenway land requirement of this article.
B.
The applicant may request and the Board of Supervisors may grant that the public dedication of land requirement be satisfied by payment of a fee in accordance with the terms of § 76-10 of the Subdivision and Land Development Ordinance. In such case, the applicant shall pay the fee and deduct the amount of land that otherwise would have been dedicated from the greenway land to be set aside. In no case shall such deduction exceed 20% of the minimum greenway land.
The following uses are permitted within greenway land:
A.
Conservation of open land in its natural state (for example, woodland
preserve, game preserve, wildlife sanctuary, fallow field, or managed
meadow).
B.
Agricultural uses, including raising crops, and associated buildings,
excluding residences, that are specifically needed to support an active,
viable agricultural or horticultural operation. Specifically excluded
are commercial livestock operations involving swine, poultry, mink,
and other animals likely to produce highly offensive odors.
C.
Woodlots, arboreta, and other similar silvicultural uses.
D.
Pasture land for horses used solely for recreational purposes. Equestrian
facilities shall be permitted but may not consume more than 1/2 of
the minimum required greenway land.
E.
Forestry, in keeping with established best management practices for
selective harvesting and sustained-yield forestry.
F.
Neighborhood greenway uses such as village greens, commons, picnic
areas, community gardens, trails, and similar low-impact passive recreational
uses, but specifically excluding motorized off-road vehicles, rifle
ranges, and other uses similar in character and potential impact as
determined by the Board of Supervisors.
G.
Active noncommercial recreation areas, such as playing fields, playgrounds,
courts, and bikeways, provided such areas do not consume more than
1/2 of the minimum required greenway land or five acres, whichever
is less. Playing fields, playgrounds, and courts shall not be located
within 100 feet of abutting properties. Parking facilities for the
same shall also be permitted, and they shall generally be surfaced
with porous material, unlighted, properly drained, provide safe ingress
and egress, and contain no more than 10 parking spaces.
H.
Golf courses, including their parking areas and associated structures,
may comprise up to 1/2 of the minimum required greenway land, but
shall not include driving ranges or miniature golf.
I.
Water supply systems and stormwater detention areas designed, landscaped,
and available for use as an integral part of the greenway.
J.
Easements for drainage, access, sewer or water lines, or other public
purposes.
K.
Underground utility rights-of-way. Aboveground utility and street
rights-of-way may traverse conservation areas but shall not count
toward the minimum required greenway land.
A.
Greenway land shall be laid out in general accordance with the Township's Natural Resource Protection Overlay Map (described in Article XVIII of this chapter) and the four-step process set forth in Chapter 76, the Subdivision and Land Development Ordinance. Design of greenway land shall ensure that an interconnected network of greenways will be provided.
B.
The required greenway land shall consist of a mixture of primary conservation areas, all of which must be included, and secondary conservation areas, which shall be added to meet the minimum amount calculated under § 87-118 for cluster subdivisions or required under § 87-119 for country properties subdivisions. Examples of secondary conservation areas to be included in greenway land are:
(1)
Hydric soils, swales, springs and other lowland areas, including
adjacent buffer areas which may be required to ensure their protection.
(2)
Significant natural areas of species listed as endangered, threatened,
or of special concern, such as those listed in the Statewide Natural
Diversity Inventory.
(3)
Moderate slopes, particularly those adjoining watercourses and ponds,
where disturbance and resulting soil erosion and sedimentation could
be detrimental to water quality.
(4)
Healthy woodlands, particularly those performing important ecological
functions such as soil stabilization and protection of streams, wetlands
and wildlife habitats.
(5)
Areas where precipitation is most likely to recharge local groundwater
resources because of topographic and soil conditions affording high
rates of infiltration and percolation.
(6)
Prime agricultural land.
(7)
Historic structures and sites.
(8)
Visually prominent topographic features, such as knolls, hilltops
and ridges, and scenic viewsheds as seen from public streets (particularly
those with historic features).
(9)
Existing trails connecting the tract to other locations in the municipality.
C.
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.
Clearing of trees shall not be conducted (except in accordance with
an approved logging or grading permit under the timber harvesting
and logging requirements of this chapter or as may be necessary for
street or trail construction). Where this buffer is not wooded, the
Township may require vegetative screening to be planted.
A.
In a cluster subdivision, no portion of any lot may be used for meeting
the minimum required greenway land.
B.
Pedestrian and maintenance access shall be provided to commonly held
greenway land in accordance with the following requirements:
(1)
Each neighborhood shall provide one centrally located access point
per 15 lots.
(2)
Access to greenway land used for agriculture may be appropriately
restricted for public safety and to prevent interference with agricultural
operations.
(3)
For Option 2, country properties, where greenway land is included
within individual lots, pedestrian and maintenance access shall not
be required but may be provided at the discretion of the owner.
C.
All greenway land areas that are not wooded or farmed shall be landscaped
in accordance with the landscaping requirements of the Subdivision
and Land Development Ordinance.
A.
Development restrictions. All greenway land shall be permanently restricted from future subdivision and development. Under no circumstances shall any development be permitted in the greenway at any time, except for those uses listed in § 87-121B above. This shall be a covenant running with the land.
B.
Ownership options. The following methods may be used, either individually
or in combination, to own common facilities. Common facilities shall
not be transferred to another entity except for transfer to another
method of ownership permitted under this section, and then only when
there is no change in the common facilities or in the greenway ratio
of the overall development. Ownership methods shall conform to the
following:
(1)
Homeowners' association. Common facilities may be held in common
ownership by a homeowners' association, subject to all of the provisions
for homeowners' associations set forth in state regulations and statutes.
In addition, the following regulations shall be met:
(a)
The applicant shall provide the Township a description of the
organization of the proposed association, including its bylaws, and
all documents governing ownership, maintenance, and use restrictions
for common facilities;
(b)
The proposed association shall be established by the owner or
applicant and shall be operating (with financial subsidization by
the owner or applicant, if necessary) before the sale of any dwelling
units in the development;
(c)
Membership in the association shall be automatic (mandatory)
for all purchasers of dwelling units therein and their successors
in title;
(d)
The association shall be responsible for maintenance and insurance
of common facilities;
(e)
The bylaws shall confer legal authority on the association to
place a lien on the real property of any member who falls delinquent
is his dues. Such dues shall be paid with the accrued interest before
the lien may be lifted;
(f)
Written notice of any proposed transfer of common facilities
by the association or the assumption of maintenance for common facilities
must be given to all members of the association and to the Township
no less than 30 days prior to such event; and
(g)
The association shall have adequate staff to administer, maintain,
and operate such common facilities.
(2)
Condominium association. Common facilities may be controlled through
the use of condominium agreements. Such agreements shall be in accordance
with relevant state law. All open land and common facilities shall
be held as "common element."
(3)
Private conservation organization. With permission of the Township,
an owner may transfer either fee-simple title of the greenway or easements
on the greenway to a private nonprofit conservation organization,
provided that:
(a)
The conservation organization is acceptable to the Township
and is a bona fide conservation organization intended to exist indefinitely;
(b)
The conveyance contains appropriate provisions for proper reverter
or retransfer in the event that the organization becomes unwilling
or unable to continue carrying out its functions;
(c)
The greenway land is permanently restricted from future development
through a conservation easement and the Township is given the ability
to enforce these restrictions; and
(d)
A maintenance agreement acceptable to the Township is established
between the owner and the organization.
(4)
Dedication of easements to the Township. The Township may, but shall
not be required to, accept easements for public use of any portion
of the common land or facilities. In such cases, the facility remains
in the ownership of the condominium association, homeowners' association,
or private conservation organization while the easements are held
by the Township. In addition, the following regulations shall apply:
C.
Maintenance.
(1)
Unless otherwise agreed to by the Township, the cost and responsibility
of maintaining common facilities and greenway land shall be borne
by the property owner, condominium association, homeowners' association,
or conservation organization.
(2)
The applicant shall, at the time of preliminary plan submission,
provide a plan for maintenance of greenway land and operation of common
facilities in accordance with the following requirements:
(a)
The plan shall define ownership;
(b)
The plan shall establish necessary regular and periodic operation
and maintenance responsibilities for the various kinds of greenway
(i.e., lawns, playing fields, meadow, pasture, cropland, woodlands,
etc.);
(c)
The plan shall estimate staffing needs, insurance requirements,
and associated costs and define the means for funding the maintenance
of the greenway land and operation of any common facilities on an
ongoing basis. Such funding plan shall include the means for funding
long-term capital improvements as well as regular yearly operating
and maintenance costs;
(d)
The applicant shall be required to escrow sufficient funds for
the maintenance and operation costs of common facilities for up to
one year; and
(e)
Any changes to the maintenance plan shall be approved by the
Township.
(3)
In the event that the organization established to maintain the greenway
land and the common facilities, or any successor organization thereto,
fails to maintain all or any portion thereof in reasonable order and
condition, the Township may assume responsibility for maintenance,
in which case it may place a lien on the property, any escrow funds
may be forfeited and any permits may be revoked or suspended.
(4)
The Township may enter the premises and take corrective action, including
extended maintenance. The costs of such corrective action may be charged
to the property owner, condominium association, homeowners' association,
conservation organization, or individual property owners who make
up a condominium or homeowners' association and may include administrative
costs and penalties. Such costs shall become a lien on said properties.
Notice of such lien shall be filed by the Township in the office of
the Prothonotary of Westmoreland County. The Township shall also have
the right to enforce any default by an action in equity.
All applications for a conservation subdivision shall be governed by standards and procedures within Chapter 76, Subdivision of Land. In the event that there are conflicting requirements between the provisions of this article and those stated within the Subdivision and Land Development Ordinance for major subdivisions, the stricter provisions of this article shall prevail.
