[Added 10-4-1993 by Ord. No. 321]
In expansion of the community development objectives contained in Article I, § 300-2 of this chapter, it is hereby declared to be the intent of this article with respect to an open space residential community to establish reasonable standards and criteria to permit such a community as a conditional use in appropriate locations within the Township, based upon a specialized set of development regulations appropriate for such a development.
A.
To provide for
such development in areas consistent with the goals of the Township's
Comprehensive Plan, which would be compatible with and protect the
existing community character.
B.
To protect the
existing vistas into and rural character of large tracts of undeveloped
land in the Township.
C.
To provide for
creative use of land in areas where it is desirable to preserve open
space, stream valleys, agricultural land heritage, tree cover, historic
buildings and other natural and man-made amenities.
D.
To allow for
a modest increase in permitted density in return for the preservation
of extensive areas of open space and/or parkland.
E.
To encourage
the creation of individual neighborhoods unified by the open space
features of the development.
F.
To permanently
protect areas of open space and parkland from future development,
and in so doing, implement the goals and recommendations of the Township's
adopted Open Space and Recreation Plan.
An open space residential community is allowed only as a conditional use in the R-1 Residential District, provided that the tract proposed for such development meets the criteria specified in § 300-292 of this article, and that the procedural requirements for conditional uses, set forth in § 300-60 of this chapter, are followed. An open space residential community shall be construed to mean a planned development consisting of single-family residential use(s) combined with the preservation of extensive areas of open space and/or parkland, along with any appropriate recreational uses and uses incidental to such a development, as herein after provided. Uses specifically permitted in an open space residential community shall be the following:
A.
Single-family
detached dwellings.
B.
Neighborhood
or community park.
C.
Common open
space.
D.
Accessory uses
on the same lot or premises with and incidental to the other uses
permitted in this article. In addition to accessory uses customarily
incidental to a dwelling unit, appropriate accessory uses may be permitted
in a park, including but not limited to uses such as rest rooms, equipment
storage building, concession stand, parking for park users and other
similar uses.
The following prerequisites shall be met for
each application for approval of an open space residential community:
A.
Any tract of
ground, or contiguous group of tracts which are the subject of an
application for conditional use approval as an open space residential
community pursuant to this article, shall contain a minimum of 250
acres.
B.
Any tract of
ground, or contiguous group of tracts which are the subject of an
application for conditional use approval as an open space residential
community pursuant to this article, shall have a minimum of 1,000
feet of frontage, measured along the ultimate rights-of-way, on roads
with a feeder or higher classification, according to the Township's
adopted Ultimate Right-Of-Way Map. Any individual area of such frontage
less than 150 feet in length shall not be credited towards this frontage
requirement.
C.
A traffic impact study and community impact analysis, submitted in forms as described in § 300-438E and I of this chapter, respectively, shall be required for any conditional use application submitted pursuant to this article. Evaluation of the community impact analysis shall be in accordance with the procedure set forth in § 300-207 of the chapter. In addition to those requirements of § 300-438I, the community impact analysis shall demonstrate how the proposed application meets the legislative intent of this article. The community impact analysis shall also demonstrate the probable recreational demand for any proposed park, including the specific recreational amenities proposed. Said section shall include but not be limited to a description of amount and location of any tract(s) proposed as a park, and all proposed facilities to be developed therein. Said section shall indicate how the proposed land and facilities relate to the specific findings and recommendations of the Township's adopted Open Space and Recreation Plan.
The following general regulations shall apply
in the OSR-1 Open Space Residential Community District:
A.
Ownership. The tract of land to be developed shall be in one ownership or shall be the subject of an application filed jointly by the owners of the entire tract, and it shall be agreed that the tract shall be developed under single direction in accordance with an approved master plan and declaration of restrictive covenants, pursuant to §§ 300-296 and 300-297 herein, respectively, and in accordance with approved subdivision and/or land development plans as shall be required. The master plan, declaration of restrictive covenants and development agreement required in Subsection D of this section, shall be binding upon all assignees or purchasers of property in the District.
B.
Sewer and water
facilities. The tract shall be served by public sewer and public water
facilities deemed acceptable by the Board of Supervisors, but subject
to the following conditions and exceptions:
(1)
Other sources
of water supply may be approved by the Board in relation to maintaining
open space, parkland or other landscape plantings, after receiving
favorable comments from all required reviewing agencies.
(2)
Alternative
sewage disposal systems may be accepted by the Board of Supervisors
which would provide a means for the preservation and maintenance of
the proposed open space and/or parkland.
(3)
Before any
action by the Board of Supervisors, comments shall be received for
all types of water and sewer supplies from any of the following bodies,
as required by the Township: the Municipal Authority Engineer; Upper
Providence Municipal Authority; Delaware River Basin Commission; Pennsylvania
Department of Environmental Protection; and the Lower Perkiomen Valley
Regional Sewer Authority.
[Amended 6-2-2008 by Ord. No. 490]
C.
Development plans. In addition to the master plan required pursuant to § 300-296 herein, actual application for development of all or part of a tract of land in this District shall be accompanied by subdivision and/or land development plans which shall comply with Chapter 270 of the Township Code, Subdivision and Land Development. The plans shall be subject to the tentative, preliminary and final plan stages, in accordance with the requirements of that chapter.
D.
Development agreement. In addition to the declaration of restrictive covenants required pursuant to § 300-297 herein, approved development of all or any portion(s) of a tract in this District shall be executed in accordance with a development agreement in form and substance satisfactory to the Township. The owner, developer and Township shall enter into said agreement embodying all details regarding compliance with this article to assure the binding nature thereof on the overall tract and its development, which agreement shall be recorded with the final development plan for the tract, or phases(s) or portion(s) thereof, as appropriate. Should any final plans be amended subsequent to original recording, an approved amended final plan shall be recorded, together with an amended development agreement, as necessary.
A.
Density. The maximum number of dwelling units which may be permitted in a development pursuant to this article may be increased to a number which is no more than 50% greater than that which would be permitted under traditional design in the R-1 District. In order to compute the number of dwelling units which would be permitted by traditional design, the applicant shall provide a yield plan drawn in accordance with the flexible lotting provisions in the R-1 District, as stipulated in § 300-175G of this chapter; said yield plan shall be drawn to comply with the open space requirement in § 300-174 herein.
B.
Lot size, width and yard regulations. In order to allow the maximum flexibility in site design and to provide maximum open space preservation, lots may be reduced to a minimum of 12,000 square feet; provided, however, that at least 50% of the total number of lots in an OSR-1 development shall have a minimum lot area of 15,000 square feet. Minimum lot width and yard regulations for all lots in this district shall be the same as those prescribed for fifteen-thousand-square-foot lots in the R-2 District as contained in § 300-188B of this chapter.
C.
Access restriction.
No dwelling unit within the open space residential community may take
access directly from any road with a feeder or higher classification,
regardless of whether said road is existing or proposed. All dwelling
units shall gain access from residential roads, internal access roads,
drives, courts or similar arrangements.
D.
Public road setbacks. A minimum setback of 250 feet shall be required from the nearest residential lot line to the ultimate right-of-way of any existing frontage roadway or proposed public road of collector or higher classification. A minimum setback of 100 feet shall be required from the nearest residential lot line to the ultimate right-of-way of any existing frontage roadway or proposed public road of feeder classification. These setback areas or portions thereof may be within individual residential lots, provided the applicable building setback (dependent upon lot orientation) is measured from the point at which the applicable lot line setback is established, in accordance with the aforementioned requirements of this subsection; provided, however, that these setbacks may be considered as a portion of the required open space as set forth in Subsection E of this section and shall adhere to the requirements therein.
E.
Open space. A minimum of 40% of the gross tract area of any development proposed pursuant to this article shall be in open space and/or parkland, exclusive of the cumulative area required for the residential lots proposed. A minimum of 50% of the required open space shall be available, at a minimum, to all residents of the development, or alternatively, all or a portion of the common open space may be made available to the public at large. Prior to determining the ownership of the required open space, the applicant shall offer, at a minimum, the aforementioned 50% portion of it for dedication to the Township. In deciding whether or not to accept any public open space, the Board of Supervisors shall obtain the recommendation of the Parks and Recreation Commission. In addition, all applicable provisions of Article V, Open Space and Recreational Facilities, of Chapter 270, Subdivision and Land Development, shall apply, except as may be modified in Subsection F below. Any open space or required setback area pursuant to Subsection D of this section, which is provided on individual residential lots, shall be deed restricted to prohibit any structural development and so as to be maintained exclusively as open space and landscaped area. Such areas, as well as all common open space areas not dedicated to the Township, shall be managed by a homeowner's association, legally recognized conservation organization or other group as approved by the Township.
[Amended 8-7-1995 by Ord. No. 342]
F.
Phasing. Any
land to be dedicated to the Township as parkland shall be so dedicated
prior to approval of the final plan for the first phase. No more than
50% of the approved dwelling units shall be built until such time
as improvements are implemented, as approved by the Township, in any
proposed public park area. Financial security must be provided for
said improvements at such time if the installation of actual improvements
is to be deferred to a later date. As an alternative to installation
and/or financial security for park improvements, a fee in lieu thereof
may be paid, in accordance with the following:
(1)
With the approval of the Board of Supervisors, the applicant may provide a fee in lieu of constructing park improvements which would otherwise be required in accordance with Article V, Open Space and Recreational Facilities, of Chapter 270, Subdivision and Land Development.
[Amended 8-7-1995 by Ord. No. 342]
(2)
The fee
applicable to the number of dwelling units in any phase, in an amount
as prescribed by the Township, shall be paid prior to final plan approval
for that phase.
G.
Height regulations.
The maximum height for all buildings shall be prescribed in the R-1
District.
H.
Building coverage.
The maximum building coverage on any individual residential lot shall
be 20%.
J.
Lighting. Streetlighting for the residential areas shall be provided in accordance with the requirements of Chapter 270, Subdivision and Land Development, of the Code of the Township, § 270-76. Lighting for open space, park areas or related parking areas shall be provided as needed and arranged in a manner which protects the existing frontage roads and neighboring properties from direct glare or hazardous interference of any kind. Lighting shall also be arranged to avoid direct glare into the proposed residences.
[Amended 6-3-2002 by Ord. No. 416]
K.
Signs. All signage to be installed in any location within an open space residential community shall comply with all requirements for residential signs, as stipulated in Article XXXIII of this chapter. The following additional sign regulations shall govern:
(1)
For any
section of the community which has a separate identity that will distinguish
it from other sections, one identification sign with the name of that
section may be permitted at the main entrance to that section, the
total area of which cannot exceed 25 square feet. One additional identification
sign may be permitted at a secondary entrance, with an area not to
exceed 15 square feet. No identification sign for any residential
section shall have a sign height exceeding 12 feet.
(2)
Any recreational
uses may be identified with separate identification signs. No more
than one sign shall identify any major recreational use (such as but
not limited to swimming pool, tennis court area, etc.). Such signs
shall not exceed an area of 35 square feet, nor have a sign height
exceeding 15 feet. In addition, incidental directional and street
signs within the community directing residents to various facilities
may be permitted, provided that they are internalized within the development
and not seen from existing frontage roads.
L.
Parking. Parking
requirements in the OSR-1 District shall be as follows:
(1)
For the residents of each dwelling unit, parking shall be as required in § 300-576A(1) of this chapter.
(2)
Parking
for any proposed public parkland shall be provided in number sufficient
to service the proposed uses and facilities in the park area. Sufficient
information shall be provided within the applicant's community impact
and traffic impact reports to enable the Township to determine the
appropriate number of parking spaces.
M.
Additional development
regulations. The following additional regulation(s) shall be applicable
to an open space residential community, in recognition of the unique
type of development which it represents, wherein the Township believes
such regulation(s) to be adequate, based upon review and recommendation
of the Township Engineer.
(1)
Concrete rolled curb may be installed on private interior roads, in lieu of the stand-up curbing required in Chapter 270 of the Township Code, Subdivision and Land Development.
(2)
Secured
or "gated" road entrances to the development may be permitted.
[Amended 8-1-2011 by Ord. No. 517]
A coordinated landscape plan, showing landscaping within the residential sections of the community, buffering as required herein, and any proposed shade trees shall be submitted. Landscaping shall be installed and the landscape plan drafted in accordance with the provisions of §§ 270-68 and 270-32G, respectively, of Chapter 270, Subdivision and Land Development.
A.
General landscaping
requirements. Landscaping throughout the community shall be planned
in accordance with the following guidelines:
(2)
Buffer plantings shall be designed and installed in all of the frontage road setback areas as required in § 300-294D of this article. The intent of the buffer is to provide a natural, rural appearance and to adequately screen views from the abutting frontage roadway to the bulk of the adjacent residential units. The general design requirements for said buffers shall be in accordance with those for a Type 2A buffer, as contained in § 270-68D(5) of Chapter 270, Subdivision and Land Development; provided, however, that the width of said buffer shall be modified as prescribed herein. No less than 50% of the setback width shall be treated with plantings and/or berming. Neither treatment is required to be continuous, and said treatments may fall anywhere within the setback buffer area. Naturalistic planting and berm designs shall be used in all of the setback buffer areas. With the approval of the Township, stormwater management facilities may be placed within the setback areas; where they fall within the buffer area, they shall be incorporated into the buffer area design. Modifications to the precise buffer requirements of this Subsection A(2) may be permitted, upon review of the landscape plan by the Township, provided that the intent of the buffer, as stated herein, is met.
In any development pursuant to this article,
a master plan of the entire development tract shall be submitted for
approval by the Board of Supervisors. Once approved, said plan shall
be recorded prior to or simultaneously with the recording of the initial
subdivision and/or land development plan for any portion of the tract.
The following are the minimum requirements for said plan:
A.
As a minimum, said plan shall be drawn to tentative sketch plan requirements, pursuant to § 270-31 of Chapter 270, Subdivision and Land Development. The master plan shall show relationships between the proposed developed areas of the tract with the open space areas. It shall show how development of the entire tract, once executed in accordance with this plan, will function cohesively as an integrated development. The master plan shall depict proposed buildings/building groupings, lot lines, vehicular circulation, parking, usage of open space/park areas and a generalized landscaping scheme for the entire tract.
B.
Preservation
of natural features shall be assured; demonstration of this shall
be documented through the master plan and on subsequently required
subdivision and/or land development plans and landscape plans. The
following shall be addressed in terms of natural features preservation:
(1)
Floodplains and wetlands shall be protected in accordance with the Floodplain Conservation District, Article V of this chapter, and § 270-32C(5)(d) of Chapter 270, Subdivision and Land Development, respectively, as well as all applicable state and federal regulations.
(2)
Steep slopes shall be protected in accordance with the Steep Slope Conservation District, Article VI of this chapter. When, in the opinion of the Township Engineer, soils information does not adequately depict steep slopes, topographic information shall be used to supplement it.
(3)
Disturbance of woodlands and other vegetation shall be minimized. Section 270-66B, Tree preservation, of Chapter 270, Subdivision and Land Development, shall be enforced. When more than 25% of the trees with a minimum of a six-inch caliper must be removed, compensatory planting shall be provided at a rate of one inch of new caliper for every four inches of caliper removed. Every replacement tree shall have a minimum of two-and-one-half-inch caliper. Alternative types of compensatory planting may be permitted, with the concurrence of the Township. No grade changes, installation of impervious cover or equipment storage shall be permitted within the dripline of any tree to be preserved; fencing shall be placed at the dripline before any site work is begun, including tree removal or grubbing.
C.
Pedestrian accommodations
shall be included on the development tract in locations logical to
provide pedestrian movement between residential areas, between residential
areas and parkland and between parkland and its associated parking
lots. Said pedestrian accommodations shall be encouraged in the common
open space areas and may replace some portions of traditional sidewalk
if, in the opinion of the Township, the pedestrian accommodations
satisfy all of the functions that the traditional sidewalk would serve.
For any crossings of roadways with a feeder or higher classification
in accordance with the Township's Ultimate Right-Of-Way Map, which
would be required for residents to access any parkland, appropriate
signals, crosswalks and other safety devices, as required by the Township,
shall be installed. For such a crossing of a roadway of lesser classification,
suitable markings and signage shall be provided to alert motorists
of the crossing.
D.
Any change to
proposed lots, buildings, circulation, parking, open space configuration,
landscaping or extent of natural features preservation which is substantive
in the opinion of the Board of Supervisors will necessitate a revised
master plan to be submitted, approved and recorded to replace any
prior master plan(s). The Board may permit modifications, including
but not limited to minor modifications to the layout of residential
lots within the same neighborhood or cluster, without submission of
a revised master plan. However, any changes approved which are not
shown on the currently recorded master plan shall be reflected on
the master plan next required. No subdivision or land development
for any development on the subject development tract shall be approved
without a current recorded master plan.
E.
The most current
recorded master plan must contain a tabulation of the ratio of open
space provided on the development tract and a tabulation of the number
of dwelling units proposed and tract-wide density which will result
once said units are constructed. Said tabulations shall be kept current
through the most recently approved subdivision and/or land development.
A revised master plan must be recorded simultaneously with the recording
of each subsequently approved subdivision and/or land development
in order that the open space ratio is continually updated.
F.
Phasing of a development in the OSR-1 District is expected due to its scale. Phasing shall be reflected on the master plan, with changes to the phasing required to be reflected on a revised master plan. Subdivisions and/or land developments to implement all or a portion of any phase shall be processed in accordance with the requirements for the same in Chapter 270 of the Township Code; their depiction on the master plan is required once they are approved by the Township.
Accompanying the master plan, a declaration
of restrictive covenants must be approved by the Township and recorded.
Said declaration shall provide all of the restrictions necessary to
assure that a proposed development will operate as depicted on the
master plan. The following are the minimum requirements for the declaration:
A.
Provisions for
the establishment of a homeowners' association(s) or other similar
entity as approved by the Township, with mandatory membership by the
current owner of each dwelling unit represented in the master plan.
B.
Parties to the
declaration of restrictive covenants shall be bound by all restrictions
contained therein and shall include, at a minimum, members of the
aforementioned association(s), developer, mortgagees of any lot and/or
building on the tract, any additional legal entity responsible for
open space management and any other parties having any interest in
all or any part of the proposed development and the Township. Provisions
shall be included to permit Township enforcement of the restrictions
contained in the declaration, in the event that the responsible association(s)
or other entities fail to do so.
C.
Cross easements
shall be included, which shall assure proper circulation throughout
the development and access to all common recreation and open space
areas, roadways and common parking areas.
D.
Provisions to
ensure that development of any buildings, parking or other similar
improvements be prohibited on any lots to be utilized solely for open
space purposes, as indicated on the most currently approved master
plan.
E.
Provisions stipulating
each lot owner/resident's rights with respect to common areas.
F.
Any additional
restrictions which will be applied to the development which are stricter
than existing Township regulations.
G.
Any change to
cross easements, maintenance responsibilities or other applicable
restrictions which is substantive in the opinion of the Board of Supervisors
will necessitate an amendment to the declaration of restrictive covenants
to be submitted, approved and recorded to replace any prior such document.
No subdivision or land development for any development on the subject
development tract shall be approved without a current recorded declaration
of restrictive covenants.
