All properties submitted for residential subdivision or land development in the Conservation Design Overlay District (sometimes referred to as "Conservation Design District") as defined in Section 1401 of the Hamiltonban Township Zoning Ordinance[1] shall comply with the requirements as set forth in this article.
[1]
Editor's Note: See Ch. 375, Zoning, adopted 3-3-2020; conservation design provisions are found in Art. XVI.
All conservation by design development proposals shall be subject to the planning and design standards established in § 320-34.
A. 
Prioritized list of resources to be conserved.
(1) 
The design of greenway lands in any subdivision or land development plan shall reflect the standards set forth in § 320-34. Land shall be allocated to be used as greenway land according to the following priority list:
(a) 
Wetlands, slopes greater than 25%, ridgelines, and/or floodplain.
(b) 
Stream channels, swales, springs and other lowland areas, including adjacent buffer areas which may be required to ensure their protection.
(c) 
Significant natural areas of species listed as endangered, threatened, or of special concern, such as those listed in the Statewide Natural Diversity Inventory and the county's Natural Areas Inventory.
(d) 
Moderate slopes of between 15% and 25%, particularly those adjoining watercourses and ponds, where disturbance and resulting soil erosion and sedimentation could be detrimental to water quality.
(e) 
Healthy woodlands, particularly those performing important ecological functions such as soil stabilization and protection of streams, wetlands and wildlife habitats.
(f) 
Classes I, II and III agricultural soils as defined by the USDA Natural Resources Conservation Service.
(g) 
Areas where precipitation is most likely to recharge local groundwater resources because of topographic and soil conditions affording high rates of infiltration and percolation.
(h) 
Historic structures and sites.
(i) 
Existing trails connecting the tract to other locations in the municipality. If any part of the tract is set aside to provide potential connections with the Township's long-range trail network, then this part of the tract shall be ranked as number two on this list and the remaining priorities shall be adjusted accordingly.
(j) 
Hedgerows, groups of trees, large individual trees of botanic significance, and other vegetation features representing the site's rural past.
(2) 
The above priority list may be modified if the Township determines that certain resources listed above deserve a higher priority due to unique characteristics of the land to be developed/subdivided.
B. 
Other design considerations. The configuration of proposed greenway land set aside for common use in residential subdivisions shall comply with the following standards:
(1) 
Greenway land shall be free of all structures except historic buildings, stone walls, and structures related to greenway land uses. Structures and improvements required for storm drainage, sewage treatment and water supply may be located within the greenway land provided that such facilities would not be detrimental to the greenway land.
(2) 
Greenway land shall not include parcels smaller than three acres, have a length-to-width ratio of less than 4:1, or be less than 75 feet in width, except for such lands specifically designed as neighborhood greens, playing fields or trail links.
(3) 
Greenway land shall adjoin all residential lots within the proposed subdivision. For the purposes of this section, greenway land on the opposite side of a street from residential lots shall be considered to be adjoining.
(4) 
Greenway land shall be suitable for active recreational uses to the extent deemed necessary by the Board, without interfering with adjacent dwelling units, parking, driveways, and roads.
(5) 
Greenway land shall be interconnected to provide a continuous open space network within and adjoining the subdivision.
(6) 
Greenway land shall provide buffers to adjoining parks, preserves or other protected lands.
(7) 
Except in those limited cases where part of the greenway land is located within private house lots, greenway land shall provide for pedestrian pathways for use by the residents of the subdivision. Public access may be required on such trails if they are linked to other publicly accessible pathway systems within the Township. Provisions shall be made for access to the greenway lands where required for land management and emergency purposes.
(8) 
Greenway land shall be split by public or private streets, except where necessary for proper traffic circulation.
(9) 
Greenway land shall be suitably landscaped either by retaining existing natural cover and wooded areas and/or according to a landscaping plan to protect greenway land resources.
(10) 
Greenway land shall be made subject to conservation easements with the Township or other entity, and such conservation easements shall be recorded in the office of the Adams County Recorder of Deeds for the purpose of preserving the common open space for such uses.
(11) 
Greenway land shall be consistent with the open space plan element of the Hamiltonban Township Comprehensive Plan.
C. 
Ownership and maintenance. Applicants shall demonstrate compliance with the greenway landownership and maintenance standards in Section 1408 of the Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 375, Zoning, adopted 3-3-2020; provisions for greenway ownership and maintenance are found in §§ 375-62 and 375-63.
A. 
Conservation practices during site preparation and cleanup.
(1) 
Protection of vegetation from mechanical injury. Where earthwork, grading, or construction activities will take place in or adjacent to woodlands, old fields or other significant vegetation or site features, the limit of disturbance shall be delineated and vegetation protected through installation of temporary fencing or other approved measures. Such fencing shall be installed prior to commencing of and shall be maintained throughout the period of construction activity.
(2) 
Protection of vegetation from grading change. Grade changes to occur at any location of the property shall not result in an alteration to soil or drainage conditions which would adversely affect existing vegetation to be retained following site disturbance, unless adequate provisions are made to protect such vegetation and its root systems.
(3) 
Protection of vegetation from excavations.
(a) 
When digging trenches for utility lines or similar uses, disturbances to the root zones of all woody vegetation shall be minimized.
(b) 
If trenches must be excavated in the root zone, all disturbed roots shall be cut as cleanly as possible. The trench shall be backfilled as quickly as possible.
(4) 
Protection of topsoil.
(a) 
No topsoil shall be removed from the site during development and construction.
(b) 
Prior to grading operations or excavation, topsoil in the area to be disturbed shall be removed and stored on site.
(c) 
Topsoil removed shall be redistributed and stabilized as quickly as possible following the establishment of required grades for a project or project phase. All exposed earth surfaces shall be stabilized by hydroseeding on slopes of less than 10%, and by sodding, hydroseeding, or riprap on slopes exceeding 10%.
(d) 
Grading and earthmoving operations shall be scheduled to minimize site disturbance during the period from November 1 to April 1, when revegetation of exposed ground is difficult.
(e) 
A minimum topsoil depth across the entire development of four inches shall be maintained. Each lot within the development shall be provided with adequate topsoil for site stabilization and the establishment of a healthy lawn.
(5) 
Tree protection. A tree protection plan in accordance with § 320-34D(2) shall be required for each conservation design development. Said plan shall be prepared and signed by a licensed landscape architect, arborist, or other similarly qualified professional.