[Ord. 1996-1, 1/23/1996, § 400]
The purpose of the RL-Low Density Residential District is to
permit residential development that results in an enhanced living
environment through the preservation of open space. The provisions
set forth encourage innovative and livable housing environments within
residential districts through both permanent dedication of open space
and a planned reduction of individual lot area requirements. The overall
density remains the same as would be found in a traditional development.
[Ord. 1996-1, 1/23/1996, § 401]
1.
The following objectives shall be considered in the review of any
application for development in an RL-Low Density Residential District:
A.
To provide for more environmentally sensitive residential development
by preserving the natural character of open fields, stands of trees,
ponds, streams, hills and similar natural features.
B.
To provide a more efficient and aesthetic use of developable land
by allowing developers to reduce lot sizes while maintaining the residential
density required in the underlying zoning district.
C.
To assure the permanent preservation of open space, rural lands,
and natural resources.
D.
To allow a more flexible and cost-effective residential layout and
street design.
E.
To minimize potential adverse impacts from new residential development
on adjacent subdivisions and properties devoted to agricultural uses.
[Ord. 1996-1, 1/23/1996, § 402]
The following regulations shall apply to the areas designed
RL-Low Density Residential District on the Zoning Map.
[Ord. 1996-1, 1/23/1996, § 403; as amended by Ord.
2005-12, 12/13/2005, § 1, Part 8]
In the RL-Low Density Residential District, it shall be unlawful to subdivide a parcel of land of 15 acres or greater into parcels, any one of which is less than 15 acres, for residential use, except for development as open space residential development. In addition, open space development may occur on smaller tracts as allowed by § 27-409.
[Ord. 1996-1, 1/23/1996, § 404; as amended by Ord.
2005-12, 12/13/2005, § 1, Parts 7 and 13]
PERMITTED USES AND SPECIAL EXCEPTIONS — Open Space Residential/Low Density District," on the following page shows permitted and special exception uses and the lot area requirements.[1] Lot sizes for residential uses are expressed in square feet per dwelling unit. Where a use or matter is also regulated by Part 11, Part 12, or any other section of this chapter, the most restrictive provision shall apply.
[1]
Editor's Note: Said chart is included as an attachment to this chapter.
[Ord. 1996-1, 1/23/1996, § 405]
1.
Each lot shall meet front, side and rear setback requirements not less than the depth or width as follows unless noted otherwise on the chart included in § 27-405:
A.
Front yard setback: 35 feet, except when along major and minor arterial
type roadways as designated and set forth in the Manchester Township
Comprehensive Plan, when such setback shall be 50 feet.
B.
Each side setback: 15 feet. There shall be two side yards except
on corner lots.
C.
Rear setback: 35 feet. There shall be a rear yard.
D.
Driveway setback: three feet.
[Ord. 1996-1, 1/23/1996, § 406]
No building shall exceed three stories in height or 35 feet,
unless authorized as a special exception. This restriction shall not
apply to barns and silos used for the farming operations.
[Ord. 1996-1, 1/23/1996, § 407]
Not more than 30% of the lot area shall be occupied by buildings,
and no more than 50% of the area shall be occupied by impervious surface,
except for open space development where no more than 50% of lot area
shall be occupied by buildings, and no more than 65% shall be occupied
by impervious surface.
[Ord. 1996-1, 1/23/1996, § 408; as amended by Ord.
2005-12, 12/13/2005, § 1, Parts 8 and 9]
1.
General.
A.
Minimums Parcel Size-15 Acres. Residential development of parcels
of 15 acres or greater in size must be done pursuant to the standards
of this section. In addition, open space development is allowed as
an optional form of residential development on a parcel of greater
than five but less than 15 acres if special exception approval is
granted, and if the applicant proves to the Zoning Hearing Board that
the resulting open space would serve a useful function.
B.
Utility Requirements. Public water and sewer are required to serve
an open space development.
2.
Design Standards.
A.
Density Requirements. The maximum number of dwelling units permitted
using open space design shall be determined by using the following
formula:
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Maximum number of dwelling units = net tract area divided by
20,000 square feet.
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The net tract area shall be calculated using the following formula:
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|
Total tract area
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—
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existing road
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|
—
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50% of environmentally sensitive areas (floodplains, wetlands,
slopes > 15%)
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|
—
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10% of total tract area (for future roads and stormwater management
facilities)
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|
=
|
Net Tract Area
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C.
Setback Requirements.
(1)
Minimum Front Setback. Thirty feet except when along major and
minor arterial type roadways as designated and set forth in the Manchester
Township Comprehensive Plan, when such setback shall be 50 feet.
(2)
Minimum Side Setback. Ten feet. There shall be two side yards.
(3)
Minimum Rear Setback. Thirty feet. There shall be a rear yard.
D.
Location of Lots. To the greatest extent feasible, residential lots
shall be laid out according to the following:
E.
Dwelling Placement. Dwelling placement to the greatest extent possible shall be planned to screen homes from off-site vantage points, away from environmentally-sensitive areas, existing agricultural uses, sites suitable for open space, and upwind from areas subject to land management practices that will cause dust, noise, smoke, odors, or similar problems. Strict geometric layout of lots shall be avoided to the greatest extent possible and the layout shall be designed to maximize open space access for each lot as required by Subsection 3C.
3.
Open Space.
A.
Minimum Requirements.
(1)
Within an open space residential development, a minimum of 35%
of the parcel must remain in open space.
(2)
No more than 50% of the required open space shall be comprised
of wetlands, surface water bodies, floodplains, areas of slope > 15%,
or detention basins.
(4)
A minimum of 50% of the open space must be shaped so as to be
usable for active or passive recreation or agriculture.
(5)
Areas set aside for open space shall have a minimum size of
two acres. Developers are encouraged to set aside large parcels of
open space lands and should submit sketch plans of proposed open space
development to the Manchester Township Planning Commission.
(6)
Required open space must be in the form of large contiguous
tracts, with corridors for walkways connecting larger tracts or parks
adjacent to the open space parcel. There shall be no more than three
non-contiguous required open space areas, except when provided in
addition to the minimum required open space.
B.
In general, the required open space to be set aside shall attempt
to preserve natural areas such as wetlands, streams, scenic views,
woodlands, hedgerows fence lines, and similar areas.
C.
Access to Open Space. All lots for dwelling units shall either abut
directly on open space or shall be located within 500 feet of access
to open space, if pedestrian access, such as sidewalks, is provided
from such lots directly to the required open space. Accessibility
shall meet the needs of handicapped and older citizens. Pedestrian
access ways from the street to interior open space areas shall be
no less than 20 feet in width.
D.
Ownership and Maintenance of Open Space. Common open space may be
dedicated partially or entirely to public use. The Board of Supervisors
may request the dedication of any common open space land for public
use. However, the Board of Supervisors, at its sole discretion, shall
also have the right to not accept any dedication of open space. When
common open space is not dedicated and accepted for public use, it
shall be protected by legal arrangements, satisfactory to the Township,
sufficient to assure its maintenance and preservation for whatever
purpose it is intended. Covenants or other legal arrangements shall:
(1)
Oblige purchasers to participate in a homeowners association
and to support maintenance of the open areas by paying to the association
assessment sufficient for such maintenance and subjecting their properties
to a lien for enforcement of payment of the respective assessments.
(2)
Obligate such an association to maintain the open areas and
private streets and utilities.
(3)
Empower the Township, as well as other purchasers in the development,
to enforce the covenants in the event of failure or compliance.
(4)
Provide for agreement that, if the township is required to perform
any maintenance work pursuant to the item above, such purchasers would
pay the cost thereof and that the same shall be a lien upon their
properties until such cost has been paid; provided that the developer
shall be responsible for the formation of the homeowners association
of which the developer, or if the developer is not the owner of the
development, then such owner, shall be a member until all of the lots
of record are sold. Other equivalent provisions to assure adequate
perpetual maintenance may be permitted if approved by the Board of
Supervisors. Assurance that such covenants or equivalent provisions
will be included in the deeds or other instruments of conveyance shall
be evidenced by the recordation in the Office of Recorder of Deeds,
of a perpetual declaration regarding maintenance of facilities as
prescribed hereinabove and identifying the tract and each lot therein.
The declaration shall be included in the deed or other instrument
of conveyance of each lot of record and shall be made binding on all
purchasers, provided that such declaration may, as to subsequent conveyances
other than the initial conveyance of each lot of record, be incorporated
by reference in the instrument of conveyance.
(5)
Guarantee that any association formed to own and maintain common
open space will not be dissolved without the consent of the Board
of Supervisors and any other specifications deemed necessary by the
Board of Supervisors.
(6)
The Township will require that a landscape plan/maintenance
plan for open space be submitted along with the preliminary plan.
The landscape plan/maintenance plan will be prepared and maintained
by the developer until 51% of the lots have been developed, after
which time the landscape plan/maintenance plan will be the responsibility
of the homeowners association.
Such covenants or equivalent legal arrangements shall be submitted
for preliminary review with the preliminary plan and shall be reviewed
and approved by the Board of Supervisors prior to the granting of
final plan approval.
E.
Future Development of Open Space. Future development, subdivision,
or sale of the required open space is prohibited.
F.
Use of Open Space.
(1)
Use of open space may include recreation equipment, pavilions,
benches, paths and walkways, athletic fields, farming, passive agricultural
activities, woodlands, game preserves and similar uses.
(2)
Any structure or building accessory to recreation, conservation,
or agriculture may be erected within the dedicated open space, subject
to the approved open space plan. The accessory structures or buildings
shall not exceed, in the aggregate, 1% of the required open space
area.
(3)
Residential accessory structures, such as sheds, garages, fences,
etc., or any commercial use shall not be permitted in the open space
area.
4.
Perimeter Greenbelts. A perimeter greenbelt shall be encouraged around
any parcel of land developed with open space development in order
to separate developments and to preserve views. However, in order
to encourage flexibility and to preserve large blocks of non-linear
open space, the extent and width of such greenbelt shall be determined
after consultation with the Manchester Township Planning Commission.
Developers submitting open space development plans are strongly encouraged
to submit sketch plans and to consult with the Manchester Township
Planning Commission and staff prior to formally submitting a preliminary
plan. Items to be considered in determining the nature, extent, and
width of any perimeter greenbelt shall include, but not be limited
to, topography, adjoining land uses, and development potential of
adjacent tracts. In no event, however, shall a perimeter greenbelt
consist of more than 30% of the required open space.
5.
Age Restricted Housing. If all dwellings within an open space residential
development are limited to "age restricted housing," then the minimum
lot area shall be reduced to 10,000 square feet, the minimum lot width
shall be reduced to 70 feet, the minimum depth shall be reduced to
110 feet, and the maximum number of dwelling units allowed within
the development shall be increased by 20%.
