The Conservation Design Overlay District is intended to provide
greater design flexibility, efficiency and options for conserving
open land and areas containing unique and sensitive natural features
and reducing the infrastructure needs of development. The district
regulations implement adopted objectives in the Upper Allen Comprehensive
Plan, as amended, and the Upper Allen Comprehensive Recreation and
Open Space Plan, as amended, including:
A.
To create new residential development and neighborhoods that are
harmonious with the landscape and preserve tree cover and other important
natural amenities found within the Township.
B.
To preserve natural amenities, such as streams, floodplains, wetlands
and wooded areas, and incorporate these features into development
plans to serve as open space and greenways and to provide a link to
other similar areas.
C.
To work with landowners and developers to explore alternatives to
conventional residential subdivisions.
D.
To preserve and enhance scenic qualities along and from major roadways.
E.
To encourage the design of new development to complement the Township's
scenic and historic character.
F.
To establish low- and moderate-growth land uses with cluster development
to preserve open space, promote sustainable agriculture, and protect
natural resources.
G.
To promote a greenway system along stream corridors, to enhance flood
control and water quality that would interconnect with a county greenway
system, if developed, and adjoining municipality parks, to the extent
possible.
A.
The Conservation Design Overlay District applies to the R-1 and R-2
District tracts of land or parcels containing areas designated for
greenway and trail links and corridors as shown on the Greenway/Trail
Map for Upper Allen Township in the Upper Allen Township Comprehensive
Recreation and Open Space Plan.
B.
Conservation subdivisions are allowed by right in the any R-1 or
R-2 District of the Township and in accordance with the regulations
of this article.
A.
The following two options shall be permitted by right in the R-1
and R-2 Districts.
(1)
Option 1, Neutral Density and Basic Conservation, provides single-family
detached residential uses at the density permitted by the underlying
district. The required lot sizes in the underlying district are reduced
to accommodate the minimum open space required for the conservation
subdivision.
(2)
Option 2, Enhanced Density with Greater Conservation, provides
for a larger percentage of the tract to remain in open space, in exchange
for higher densities of residential uses than Option 1.
B.
Determination of the minimum greenway area and the maximum development area, including the maximum permitted residential density, shall be by the adjusted tract method or the yield method in accordance with § 245-11.7 herein. The greenway requirement shall be the minimum open space requirement (percentage of the adjusted tract area) plus all of the constrained land. The minimum open space requirements by underlying zoning district shall be as follows:
C.
The density factor to be applied for the calculation of the maximum
residential density in the development area shall be in accordance
with the following standards. To provide space for parking, stormwater
management and buffering, each acre of nonresidential use shall be
equal to four residential development rights in Option 1 and five
residential development rights in Option 2 and shall be subtracted
from the maximum residential density.
D.
The permitted, special exception and conditional uses for the development
area shall be in accordance with the underlying district.
(1)
In addition, the following permitted and special exception uses
shall be allowed in the greenway areas.
(a)
Permitted uses:
[1]
Conservation of open land in its natural state
(for example, woodland, fallow field or managed meadow).
[2]
Agricultural and horticultural uses, including
raising crops, wholesale nurseries, associated buildings. Specifically
excluded are commercial livestock operations involving swine, poultry,
mink and other animals likely to produce highly offensive odors.
[4]
Low-impact passive recreational uses, specifically
excluding motorized off-road vehicles, rifle ranges, and other uses
similar in character and potential impact. If a property contains
a segment of greenway or trail shown on the Greenway/Trail Map for
Upper Allen Township in the Upper Allen Township Comprehensive Recreation
and Open Space Plan, the segment shall be part of the greenway area.
[5]
Active noncommercial recreation areas, such as
playing fields, playgrounds, courts and bikeways, provided such areas
do not consume more than half 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 gravel-surfaced, unlighted, properly drained and
provide safe ingress and egress.
[6]
Water supply and sewage disposal systems and stormwater
detention areas designed, landscaped and available for use as an integral
part of the greenway.
(2)
No more than one principal use shall occupy a lot in the development
area. The following standards shall apply to developments where both
residential and nonresidential lots are occupying the development
area.
E.
Developments in the CSO District shall meet the general regulations and design standards for conservation subdivisions in accordance with § 245-11.8 herein and the following dimensional requirements.
(1)
Minimum requirements for single-family detached dwelling units.
(a)
Lot area. To maximize flexibility in design, no minimum lot
sizes shall be required; with the exception that for lots using on-lot
wastewater disposal systems, the minimum lot size shall be the size
required by the Township Sewage Enforcement Officer. The septic field
may be located on the conservation area if it is held as common open
space in the development.
(b)
Setback requirements. Single-family detached residential units
shall meet the setback requirements in § 245-5.4.B.
(c)
Lot coverage. Not more than 50% of the lot area shall be occupied
by buildings, and no more than 60% shall be occupied by impervious
surface.
(2)
All nonresidential uses and residential dwelling unit types
other than single-family detached units shall meet the minimum lot
and dimensional requirements of the underlying district.
(3)
No more than 4% of the greenway area shall be occupied by buildings
and impervious surface.
(5)
Building height limits. The building height limit for uses shall
be in accordance with the limits of the underlying district.
F.
Water and wastewater system. Lot size plus soil conditions shall
be the determining factor for the need for public water, public sewer,
an approved community water and/or wastewater treatment system, or
on-lot systems. The final approval of the community system or on-lot
systems shall be by the Board of Commissioners of Upper Allen Township,
based on review by the Township Engineer and/or Sewage Enforcement
Officer and concurrence from the Pennsylvania Department of Environmental
Protection. Minimum lots sizes shall be adjusted, based on the approved
systems.
Signs shall be permitted in accordance with Article XVIII, Signs, of this chapter.
Off-street parking and access requirements shall be provided in accordance with Article XVII, Off-Street Parking and Loading, of this chapter.
A.
Greenway lands shall be laid out where possible to form an interconnected
network of open space. The required greenway land consists of all
constrained land.
B.
Options 1 and 2 greenway land shall generally remain undivided and may be owned and maintained by a homeowners' association, land trust, another conservation organization recognized by the municipality, or by a private individual (typically as part of the original farmhouse). However, in no case shall less than 30% of the land comprising the adjusted tract area be available for the common use and passive enjoyment of the subdivision residents. These ownership options may be combined so that different parts of the greenway land may be owned by different entities in accordance with § 245-11.10 herein.
C.
Up to 5% of the total tract acreage in any of the options may be
subject to the Township's public land dedication requirement (typically
to provide potential connections with the Township's long-range trail
and greenway network).
D.
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). 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 "no-mow" policies and the periodic removal of invasive alien
plant and tree species.
E.
No portion of any building lot may be used for meeting the minimum
required greenway land. However, active agricultural land with farm
buildings, excluding areas used for residences, may be used to meet
the minimum required greenway land.
Applicants shall use one of two methods to determine the minimum
conservation area in the case of the A District or a greenway area
for other districts; the maximum development area and the permitted
residential building density for conservation subdivisions: the adjusted
tract area approach or the yield plan approach.
A.
Adjusted tract area approach. The adjusted tract area equals the
gross tract area minus the constrained land (described below).
(1)
Constrained land equals the sum of the following:
(a)
All land within the rights-of-way of existing public streets
or highways.
(b)
All land under existing private streets.
(c)
Wetlands: Multiply the acreage of designated wetlands by 0.80.
(d)
Floodway: Multiply the acreage within the floodway by 1.00.
(e)
Floodplains: Multiply the nonwetland portion of the one-hundred-year
floodplain by 0.50.
(f)
Steep slopes from 15% to 25%: Multiply the acreage of land with
natural ground slopes of 15% to 25% by 0.25.
(g)
Steep slopes greater than 25%: Multiply the acreage of land
with natural ground slopes exceeding 25% by 0.80.
(h)
Extensive rock outcroppings: Multiply the total area of rock
outcrops and boulder-fields more than 1,000 square feet by 0.90.
(i)
Scenic River Corridor: Multiply the acreage of land within the
corridor by 1.00.
(2)
If a portion of the tract is underlain by more than one natural
feature subject to a density factor, that acreage shall be subject
to the most restrictive density factor.
(3)
Since acreage that is contained within the public or private
rights-of-way, access easements or access strips is excluded from
developable lot area, any portion of these items that also contains
a natural feature subject to a deduction from the total tract acreage
should not be included when calculating the adjusted tract area.
(4)
Minimum required conservation area or greenway area. The minimum
required conservation area or greenway area equals the adjusted tract
area times the open space percentage for selected option in the underlying
district plus all constrained land.
(5)
Maximum development area. The maximum development area is the
total tract area minus the conservation or greenway area.
(6)
Permitted dwelling units. The maximum number of permitted dwelling
units equals the adjusted tract area divided by the density factor
for the selected option in the underlying district. See Table XI-1
to calculate maximum number of permitted dwellings.)
|
Table XI-1
| |||
|---|---|---|---|
|
Adjusted Tract Area Calculation Worksheet
| |||
|
A
|
B
|
C
|
D
|
|
Description of Constraint
|
Area of Site Constraint
(acres)
|
Multiplier
(resource protection factor)
|
Constrained Lands
(acres)
|
|
Rights-of-way of existing public streets
|
1.00
| ||
|
Overhead utility rights-of-way, existing or proposed
|
1.00
| ||
|
Land under existing private streets
|
1.00
| ||
|
Wetlands
|
0.80
| ||
|
Floodways
|
1.00
| ||
|
One-hundred-year floodplain (excluding floodways or wetlands
within floodplains)
|
0.50
| ||
|
Steep slopes from 15% to 25%
|
0.25
| ||
|
Steep slopes greater than 25%
|
0.80
| ||
|
Rock outcrops and boulder fields
|
0.90
| ||
|
Scenic river overlay
|
1.00
| ||
|
Totals
| |||
|
NOTES:
| ||
|---|---|---|
|
1.
|
Delineate and calculate the site area of the described constraint
(see Existing Resource and Site Analysis Plan in the Upper Allen Township
Subdivision and Land Development Ordinance, Conservation Subdivision
Plat Procedures).
| |
|
2.
|
Calculate total constrained land:[1]
| |
|
•
|
Insert site acreage for each factor in Column B (area of site
constraint).
| |
|
•
|
Take factor acreage in Column B x Column C (resource protection
factor) to find Column D (constrained land).
| |
|
•
|
Add all constrained lands in Column D to find total constrained
land.
| |
|
3.
|
To calculate the Adjusted Tract Area (ATA):
| |
|
ATA = Gross Tract Area - Total Constrained Land
| ||
|
4.
|
Calculate permitted density:
| |
|
Permitted density = ATA/density factor
| ||
|
5.
|
Calculate the minimum conservation/greenway area:
| |
|
Required Conservation/Greenway Area = Total Constrained Land
+ (ATA x Open Space Percentage)
| ||
|
6.
|
Calculate the maximum development area:
| |
|
Maximum Development Area = Gross Tract Area - Minimum Required
Greenway Area
| ||
[1]
If a portion of the tract is underlain by more than one site
constraint, that acreage shall be subject to the most restrictive
multiplier.
B.
Yield plan approach. Determination of density or maximum number of
permitted dwelling units shall be based upon the density factor of
the chosen option applied to the gross tract acreage, as demonstrated
by an actual yield plan. Yield plans shall meet the following requirements:
(1)
Yield plans must be prepared as conceptual layout plans in accordance
with the standards of the Subdivision Ordinance,[2] 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. However, it must be a realistic layout
reflecting a development pattern that could reasonably be expected
to be implemented, taking into account the presence of wetlands, floodplains,
steep slopes, existing easements or encumbrances and, if unsewered,
the suitability of soils for subsurface sewage disposal.
(2)
The yield plan must identify and demonstrate that wetlands,
floodplains, steep slopes and rock outcrops could be successfully
absorbed in the development process without disturbance by allocating
this area to proposed single-family dwelling lots.
(a)
On sites not served by central sewage disposal, density shall
be further determined by evaluating the number of homes that could
be supported by individual septic systems on conventional lots. The
applicant shall be required to provide evidence that 10% of lots at
various locations distributed throughout the tract meet the standards
for an individual septic system in order to be granted the full density
determined by the yield plan. Should any of the lots in a sample fail
to meet the standard for individual septic system, those lots shall
be deducted from the yield plan.
(b)
Yield plan dimensional standards. The following dimensional
standards shall be used in the development of yield plans for Option
1 and 2 subdivisions in the A District. The yield plan shall use the
density factor of Options 1 and 2 in the R-1 and R-2 Districts as
minimum lot area plus the standards of the underlying districts for
other dimensional requirements. These minimum dimensions are exclusive
of all wetlands, slopes greater than 25%, and land under high-tension
electrical transmission lines (69kV or greater). No more than 25%
of the minimum required lot area may consist of land within the one-hundred-year
floodplain, and only then if it is free of wetlands.
|
District/Option
|
Lot Area
(square feet)
|
Street Frontage (minimum)
(feet)
|
Lot Depth
(feet)
| |
|---|---|---|---|---|
|
Agriculture District
| ||||
|
Option 1
|
80,000
|
150
|
300
| |
|
Option 2
|
60,000
|
125
|
250
| |
A.
Conservation subdivisions shall be governed by the following minimum
general regulations:
(1)
Ownership. The tract of land may be held in single and separate
ownership or in multiple ownership. However, when a tract is held
in multiple ownership, it shall be planned as a single entity with
common authority and common responsibility.
(3)
Intersections and access. New intersections with existing public
roads shall be minimized. Although two accessways into and out of
subdivisions containing more than 15 dwellings are generally required
for safety, proposals for more than two entrances onto public roads
shall be discouraged if they would unnecessarily disrupt traffic flow.
(4)
Sensitive area disturbance. The proposed design shall strictly
minimize disturbance of environmentally sensitive areas, as shown
on the existing resources and site analysis plan as required by the
Upper Allen Township Subdivision and Land Development Ordinance.[2] Lands within the floodway, one-hundred-year floodplain,
wetlands, slopes in excess of 15% and rock outcroppings constitute
such environmentally sensitive areas where disturbance shall be strictly
minimized. Demonstration by the applicant that these features will
be protected by the proposed application shall be prerequisite to
approval of both the preliminary plan and final plan.
(5)
Community wastewater systems. In developments that are proposed
to be served by community wastewater disposal systems, the selection
of wastewater treatment technique shall be based upon a thorough review
and comment by the Township Sewage Enforcement Officer and Township
Engineer and acceptance by the Pennsylvania Department of Environmental
Protection and the Board of Commissioners of Upper Allen Township.
B.
Conservation subdivisions shall be governed by the following design
standards.
(1)
All new dwellings shall meet the following setback requirements:
(a)
From all external road ultimate right-of-way: 100 feet.
(b)
From all other tract boundaries: 50 feet.
(c)
From cropland or pasture land: 100 feet.
(d)
From buildings or barnyards housing livestock: 300 feet.
(e)
From active recreation areas such as courts or playing fields
(not including tot lots): 150 feet.
(f)
Minimum setbacks: Distance between residential buildings on
adjacent lots, unless otherwise indicated in the zoning district,
shall be not less than 10 feet; however, no residential lot shall
have a minimum side setback less than five feet. A nonresidential
building shall be no closer than 20 feet to an adjacent building,
with no nonresidential lot having a side setback less than 10 feet.
(2)
Views of house lots from exterior roads and abutting properties
shall be minimized by the use of changes in topography, existing vegetation,
or additional landscaping.
(3)
House lots shall be accessed from interior streets, rather than
from roads bordering the tract.
(4)
At least three-quarters of the lots shall directly abut or face
greenway land across a street.
Options 1, 2, and 3 conservation subdivisions. The required
conservation area or greenway land shall be subject to permanent conservation
easements prohibiting future development other than permitted or conditional
uses.
A.
Ownership options. The following methods may be used, either individually
or in combination, to own common facilities (conservation areas and
greenway areas). 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 open space ratio of the overall development.
Ownership methods shall conform to the following:
(1)
Fee simple dedication to Upper Allen Township. The Township
may, but shall not be required to, accept any portion of the common
facilities, provided that there is no cost of acquisition to the Township
and the Township agrees to and has access to maintain such facilities.
Furthermore, the Board may require adherence to conditions or standards
set forth by the Township prior to acceptance of dedication.
(2)
Condominium association. Common facilities may be controlled
through the use of condominium agreements. Such agreements shall be
in accordance with relevant commonwealth law. All open land and common
facilities shall be held as "common element."
(3)
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 commonwealth regulations
and statutes and the Upper Allen Township Subdivision and Land Development
Ordinance. 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
in 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 municipality
no less than 30 days prior to such event.
(g)
The association shall have adequate staff to administer, maintain
and operate such common facilities.
(h)
Evidence shall be produced as required by the Board to demonstrate
the financial viability of the homeowners' association.
(4)
Private conservation organization or the county. With permission
of the Township, an owner may transfer either fee simple title of
the open space or easements on the open space to a private nonprofit
conservation organization or to the county, given the following conditions:
(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 or Cumberland County
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.
(d)
A maintenance agreement acceptable to the Township is established
between the owner and the organization or Cumberland County.
(e)
Evidence shall be provided as required by the Board of Commissioners
of Upper Allen Township to demonstrate the financial viability and
liability of the private conservation organization.
(5)
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 municipality. In addition, the following regulations shall
apply:
(6)
Non-common private ownership. The land may be owned privately,
provided the conservation area or greenway is permanently restricted
from future development through a conservation easement and that the
Township is given the ability to enforce these restrictions.
B.
Maintenance.
(1)
Unless otherwise agreed to by the Board of Commissioners of
Upper Allen Township, the cost and responsibility of maintaining common
facilities and conservation or 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 conservation or greenway lands 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 open space
(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.
(3)
In the event that the organization established to maintain the
conservation or greenway lands 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 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 Cumberland County.
