In addition to the definitions set forth in Article
I, other definitions in Chapter
172 and common definitions, the following terms shall have the meanings specified below when used in this article:
CLUSTER DEVELOPMENT COMMUNITY or CLUSTER DEVELOPMENT
A form of residential development that concentrates buildings
or lots on a portion or portions of a tract of land to allow the remaining
land to be used for open space, recreation, and preservation of environmentally
sensitive land. The concentration of lots is facilitated by a reduction
in lot size, the permissible use of single-family detached, attached
and semiattached residential dwelling units and the reduction of lot
yard setbacks.
COMMUNITY BUILDINGS
Structures accessory to cluster development communities designed
and used for the sole purpose of supporting the cluster development
community, solely for use by the residents and their guests, or supporting
services, such as management offices, recreational halls, club facilities,
exercise facilities, post offices, dining facilities or pool houses.
CONSTRAINED LAND
Areas of land found in the Floodplain Conservation District,
defined wetlands, areas of very steep slopes or associated with a
stormwater management system.
GROSS CLUSTER TRACT AREA
The area of land contained within the legally described property
lines of the tract upon which an application for a cluster development
community development is submitted.
NET CLUSTER TRACT AREA
The gross cluster tract area, excluding:
A.
Seventy-five percent of any land lying within the Floodplain
Management District or located in wetlands;
B.
One hundred percent of areas of existing rights-of-way for streets,
public or private utilities and areas of existing easements, including
but not limited to storm drainage easements, sewage easements, easements
of access, conservation easements and agricultural easements;
C.
Fifty percent of the land containing very steep slopes and 25%
of the land containing steep slopes; and
D.
One hundred percent of surface water areas.
OPEN SPACE
A parcel, parcels or designated area of land or an area of
water, or a combination of land and water, excluding stormwater basins,
within a cluster development community site that has been or will
be set aside and restricted from further development in perpetuity,
whether dedicated to the Township or not, except as permitted under
this article, and intended for the exclusive or nonexclusive use or
enjoyment by residents of the development subject to the regulations
of this section. The term "open space" means both private open space
and public open space and shall include the buffer area. Open space
shall not include any private yards, parking lots or street right-of-way.
Access drives and parking may be provided only in association with
an approved recreational use.
PRIVATE OPEN SPACE
Open space that is held in private ownership for public or
private use of the residents of the cluster development.
PUBLIC OPEN SPACE
Open space that is dedicated to the Township for use by the
public subject to the regulations of this section.
SEMIDETACHED BUILDING
A residential structure supporting two single-family dwelling
units with one family living on each side of a vertical common wall.
All applications for the proposed cluster development community development shall be subject to review and conditional use approval by the Board of Supervisors of Newtown Township through the subdivision and land development procedures set forth in Chapter
148, Subdivision and Land Development. Compliance with all other provisions of this Chapter
172, Zoning, Chapter
148, Subdivision and Land Development, and all other land use regulations adopted by the Township, including Chapter 91, Flood Damage Prevention, Chapter
104, Natural Features and Landscaping, Chapter
134, Slope Conservation, and Chapter
138, Soil Erosion and Sediment Control, shall be required, except where such provisions are modified by this article. In the case of a conflict between the provisions of this article and other provisions of the Code of the Township of Newtown, the provisions of this article shall govern. Where literal compliance with the criteria and standards specified in those land use regulations adopted by the Township over which the Board of Supervisors is vested with jurisdiction is clearly impractical, the Board may modify or adjust the standards and criteria to permit reasonable utilization of the tract on which the cluster development community is proposed in the interest of securing substantial compliance with the objectives of this article. Any exclusions for single-family residential developments in Chapter
104 shall not be applicable when applied to this article.