All residential development proposals involving five or more dwelling units (either initially or cumulatively) on properties greater than or equal to 10 acres in lot area as of April 12, 2007, shall be designed in accordance with the provisions of this article.
All residential development proposed in accordance with the conservation by design requirements of this chapter shall employ one of the following development options. The development option being employed shall be identified by the applicant at the sketch plan submission or the preliminary plan submission phase, whichever first occurs, in accordance with applicable requirements of Chapter 320, Subdivision and Land Development.
A. 
Option 1: neutral density and basic conservation.
(1) 
Density. The maximum development density shall be that authorized by the underlying zoning district.
(2) 
Minimum greenway land. The minimum greenway land shall be 40% of the parent tract.
B. 
Option 2: enhanced density and greater conservation.
(1) 
Density. The maximum development density shall be reflect the density bonus authorized in § 375-58C(2)(a).
(2) 
Minimum greenway land. The minimum greenway land shall be 50% of the parent tract.
C. 
Option 3: estate lots.
(1) 
Density. Option 3 developments shall not be subject to a maximum density standard. Density of Option 3 development shall, however, be dictated by applying the lot standards of § 375-58C(3).
(2) 
Minimum greenway land. Option 3 development shall not be subject to a minimum greenway land standard. However, a minimum portion of each residential lot within an Option 3 development shall include conserved land, and such land shall be used and managed in accordance with the greenway land standards of this chapter and Chapter 320, Subdivision and Land Development.
All conservation by design developments shall be subject to the following general development standards:
A. 
Ownership. The parent tract(s) may be held in single and separate ownership or in multiple ownership. For parent tracts held in multiple ownership, the resulting conservation by design development shall be planned as a single project with common authority and common responsibility.
B. 
Intersections and access. The following standards shall govern intersections and access for all conservation by design developments.
(1) 
All Option 1 and Option 2 conservation by design developments proposing greater than five new dwelling units shall include new local streets to provide for individual lot access.
(2) 
New intersections with existing public roads shall be minimized. However, for Option 1 and Option 2 conservation design developments proposing greater than five new dwelling units, two intersection of the new local street(s) with the existing public street network shall be provided for public safety.
(3) 
All new local streets and new street intersections shall comply with applicable public street design requirements of Chapter 320, Subdivision and Land Development.
C. 
Density and dimensional standards. The following density and dimensional standards shall be applied to conservation by design development projects.
(1) 
Option 1 developments:
(a) 
Maximum density: two dwelling units per acre.
(b) 
Minimum lot area: 15,000 square feet.
(c) 
Minimum lot width: 100 feet.
(d) 
Minimum front setback: 35 feet.
(e) 
Minimum side setback: 20 feet.
(f) 
Minimum rear setback: 20 feet.
(g) 
Maximum lot coverage, residential lots: 35%.
(h) 
Minimum vegetative coverage, residential lots: 65%.
(i) 
Maximum building height: 40 feet.
(2) 
Option 2 developments.
(a) 
Maximum density: 2.5 dwelling units per acre.
(b) 
Minimum lot area: 7,500 square feet.
(c) 
Minimum lot width: 75 feet.
(d) 
Minimum front setback: 20 feet.
(e) 
Minimum side setback: 10 feet.
(f) 
Minimum rear setback: 10 feet.
(g) 
Maximum lot coverage, residential lots: 50%.
(h) 
Minimum vegetative coverage, residential lots: 50%.
(i) 
Maximum building height: 40 feet.
(3) 
Option 3 developments.
(a) 
Maximum density: none.
(b) 
Minimum lot area: five acres.
(c) 
Maximum living area, residential lots: 1.25 acres.
(d) 
Minimum lot width: 150 feet.
(e) 
Minimum front setback, residential lots (entire living area): 35 feet.
(f) 
Minimum side setback, residential lots (entire living area): 20 feet.
(g) 
Minimum rear setback, residential lots (entire living area): 20 feet.
(h) 
Maximum lot coverage, residential lots (percentage of living area): 35%.
(i) 
Minimum vegetative coverage, residential lots (percentage of living area): 65%.
(j) 
Maximum building height: 40 feet.
All conservation by design developments shall be subject to the following residential design standards:
A. 
Residential lots in Option 1 and Option 2 conservation by design developments shall not encroach on the required greenway land to be retained in said development.
B. 
Residential Lots in Option 1 and Option 2 conservation by design developments shall meet the following separation distance standards:
(1) 
Existing road rights-of-way: 100 feet.
(2) 
Farm buildings: 100 feet.
(3) 
Barnyards housing livestock: 100 feet.
(4) 
Property lines of parent tract: 50 feet.
(5) 
Cropland or pasture land: 100 feet.
(6) 
Existing or proposed active recreation facilities: 150 feet.
C. 
Views of residential lots in Option 1 and Option 2 conservation by design developments from existing roads and abutting properties shall be minimized. Compliance with this standard shall be evaluated during the four-step design exercise component of the preapplication meeting as required by Chapter 320, Subdivision and Land Development.
D. 
Residential lots in Option 1 and Option 2 conservation by design developments shall be accessed from new streets internal to the development rather than from existing roads.
E. 
A minimum of 75% of residential lots in Option 1 and Option 2 conservation by design developments shall adjoin designated greenway land or face designated greenway land across a new street internal to the development.
All conservation by design developments shall be subject to the following greenway use and design standards:
A. 
Greenway areas within a conservation by design development shall be identified and organized in accordance with the following minimum standards:
(1) 
Hamiltonban Township Official Map. At a minimum, the greenway areas within a conservation by design development shall include all those lands identified on the Hamiltonban Township Official Map as "potential greenway/buffer lands."
(a) 
For Option 1 and Option 2 conservation by design developments, such lands shall be included in the required minimum greenway land.
(b) 
For Option 3 conservation by design development, such lands may be included within individual estate lots, provided that such lands are not included within a living area of an estate lot.
(2) 
Additional greenway area. Where additional greenway area beyond that depicted on the Hamiltonban Township Official Map is required to meet the required minimum greenway land standards of this chapter, such lands shall be identified and prioritized in accordance with applicable requirements of Chapter 320, Subdivision and Land Development, including but not limited to § 320-24A of said chapter. At a minimum, such process shall be initiated during the conservation by design preapplication meeting(s) and shall be refined during the site inspection and four-step design exercise. The exiting resources and site analysis plan (ERSAP), the prioritized list of resources to be conserved, and the other design consideration shall be relied upon during this process.
B. 
Greenway areas within a conservation by design development shall be used in accordance with the following standards:
(1) 
Conservation of land in its natural state (for example, woodland, fallow field, managed meadow, etc.).
(2) 
Agricultural use, excluding agribusiness operations.
(3) 
Forestry.
(4) 
Neighborhood open space.
(5) 
Active and passive recreation areas.
(6) 
Water supply and sewage disposal systems.
(7) 
Stormwater management areas.
C. 
Greenway areas shall be designed and organized in accordance with applicable requirements of Chapter 320, Subdivision and Land Development, including but not limited to §§ 320-24B and 320-34 of said chapter.
All conservation by design developments shall be subject to the following greenway area protection standards:
A. 
All greenway areas shall be permanently conserved through a conservation easement to be held by the Township, land trust, or other comparable entity.
B. 
Said easement shall define the permitted uses of the greenway areas, provided that such uses are consistent with the greenway area permitted uses established in this chapter.
C. 
Said easement shall be recorded in the Office of the Adams County Recorder of Deeds.
Ownership of greenway areas within conservation by design development shall comply with one of the following ownership options:
A. 
Fee simple dedication to Township. All greenway areas shall initially be offered for dedication to the Township. Should the Township agree to accept dedication of the greenway areas, there shall be no cost of acquisition to the Township and the Township shall agree to accept and maintain any existing or proposed facilities within the greenway area. Should the Township refuse the offer of dedication, one of the remaining ownership options of this section shall be employed.
B. 
Homeowners' association. Greenway areas may be held in common ownership subject to all of the provisions for homeowners' associations as set forth in state regulations and statutes.
C. 
Private, nonprofit conservation organization. Greenway areas may transfer fee simple title to a private, nonprofit conservation organization. Should this option be chosen, the required conservation easement shall be held by the Township, and the Township shall be provided the ability to enforce the provisions of the conservation easement and to maintain said greenway land and any existing or proposed facilities within the greenway area.
D. 
Non-common private ownership. Greenway areas within Option 3 conservation by design developments may include the designated greenway areas in non-common private ownership, provided that the required conservation easement is established.
E. 
Combination of ownership options. A combination of ownership options may be employed to address various components of the designated greenway area.
Maintenance of greenway areas within conservation by design development shall comply with the following standards:
A. 
Maintenance responsibility of the greenway areas shall be borne by the designated owner(s) of said greenway areas. However, the holder of the required conservation easement shall be afforded the ability to conduct greenway area maintenance should the designated owner(s) fail to do so.
B. 
At the time of preliminary plan submission in accordance with applicable requirements of Chapter 320, Subdivision and Land Development, a maintenance plan for the designated greenway areas shall be submitted. Such plan shall include the following:
(1) 
Schedule of regular and periodic operation and maintenance activities for each component of the greenway area.
(2) 
Estimate of funding the greenway area operation and maintenance activities.
(3) 
Estimate of other costs associated with the designated greenway areas. These may include, but are not necessary limited to, staffing and insurance costs.
(4) 
Estimate of cost of potential long-term capital improvements and the means for funding said improvements.
C. 
The applicant shall be required to escrow with the Township sufficient funds to meet maintenance and operation costs of the designated greenway area and associated facilities for one year.
D. 
The holder of the required conservation easement and/or the Township shall be afforded the ability to conduct greenway area maintenance should the designated owner(s) fail to do so. Escrow funds may be used for this purpose.
E. 
The Township may enter the premises to take corrective actions, including extended maintenance, should the owner(s) neglect to maintain the greenway areas and associated facilities in a manner consistent with the conservation easement and/or the maintenance plan. The costs associated with such action shall be charged to the property owner and shall become a lien on the property.