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 GCR Golf Course Residential Community District to establish reasonable standards and criteria to permit a Residential Golf Course 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, and which would be located such that
they would serve as a transition from existing residential neighborhoods.
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 permit the
construction of residential units, golf course, clubhouse, other recreational
uses, along with other related and ancillary facilities consistent
and compatible with such a development.
E. To encourage
the creation of individual neighborhoods unified by the golf course
and other open space features of the development.
F. To permanently
protect areas of open space from future development.
A Golf Course 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 §
300-326 of this article, and that the procedural requirements for conditional uses, set forth in §
300-60 of this chapter, are followed. A Golf Course Residential Community shall be construed to mean a planned development consisting of residential use(s) as permitted herein, combined with the development of a regulation golf course, along with any other recreational uses and uses incidental to such a development, as herein after provided.
A. The residential
uses which are permissible in a Golf Course Residential Community
are as follows:
(1) Single-family
detached dwellings, provided that when these are proposed to be developed
in a separate section and/or phase in the community, they comprise
at least 10% of the aggregate number of units proposed for all phases
of the development.
(3) Single-family
attached dwellings, in any of a variety of configurations, including
those which are attached back-to-back, side-to-side or side-to-back.
B. In addition
to a mix of residential dwellings, a regulation golf course shall
be included in every Golf Course Residential Community.
C. Additional uses
which may be developed in conjunction with a Golf Course Residential
Community may include the following; provided, however, that none
is intended as an independent, freestanding commercial use:
(1) Clubhouse,
which may include any of the following facilities:
(a) Kitchen,
dining and banquet facilities.
(b) Snack
bar, grille, bar or lounge; lobby(s) or other common gathering areas.
(c) Golf
and tennis pro shops.
(d) Locker
rooms, rest rooms and bath facilities.
(e) Exercise
rooms, massage facilities.
(f) Conference
rooms, meeting rooms and ballroom not to exceed 25% of the total gross
floor area contained in the clubhouse.
(g) Golf
and tennis equipment repair facility; golf club storage facility.
(h) Management
offices for the clubhouse and golf course.
(2) Indoor and/or outdoor recreational facilities, community center or similar uses. At the discretion of the owner and/or management entity having responsibility for these facilities, said use(s) may be made available to the general public on any day that it is open. In addition, as a result of the unique nature of a Golf Course Residential Community, the requirements for the development of the golf course and other open space areas shall be as prescribed in this article; the requirements of Article
V, Open Space and Recreational Facilities, of Chapter
270, Subdivision and Land Development, shall not be applicable for development approved pursuant to this article.
[Amended 8-7-1995 by Ord. No. 342]
(3) Common open
space, halfway house and golf course comfort station.
(4) Accessory
uses on the same lot or premises with and incidental to the other
uses permitted in this article.
(5) As a special exception only, communications antennas, in accordance with the provisions of §
300-25, mounted on an existing public utility transmission tower, existing building or other existing structure, and communications equipment buildings, only upon a showing, in addition to any other that may be required under this chapter, that denial of such a special exception would have the effect of prohibiting the provision of personal wireless service. Communications towers are not permitted.
[Added 6-1-1998 by Ord. No. 372]
D. No-impact home-based businesses in accordance with the standards set forth in §
300-26 herein.
[Added 3-15-2004 by Ord. No. 436]
E. Home occupations, provided that all of the requirements of §
300-27 herein shall be met.
[Added 3-15-2004 by Ord. No. 436]
The following prerequisites shall be met for
each application for approval of a Golf Course Residential Community:
A. Any tract of
ground, or contiguous group of tracts which are the subject of an
application for conditional use approval as a Golf Course 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 a Golf Course 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 include a separate section describing the market feasibility of the proposed community, documenting the demand for the types of dwelling units proposed, including the demand for the number of age-restricted units proposed. The section shall also demonstrate the probable recreational demand for the proposed golf course and other recreational amenities proposed. Said section shall include, but not be limited to, a description of all proposed uses, demographic information and projections sufficient to document the demand for the age-restricted units, recreational demand statistics documenting the probable use of the proposed golf course and projected usage rates for the proposed course at initial completion and at the time of full utilization once all dwelling units have been occupied for at least two years.
The following general regulations shall apply
in the GCR Golf Course 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 §§
300-331 and
300-332 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
the golf course, other landscape plantings and open space, 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 golf course and open space.
(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 §
300-331 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 §
300-332 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.
In any development proposed pursuant to the
requirements of this article, the following specific requirements
pertaining to the golf course portion of the development shall be
met:
A. The golf course
shall contain 18 holes and shall be a minimum of 6,000 yards in length,
as measured from the center of the rearmost tee to the center of the
green of each hole. The golf course shall be designed by an architect/landscape
architect who is a member of the American Society of Golf Course Architects
and/or has designed a minimum of five regulation golf courses.
B. Building permits for a maximum of 25% of the total number of dwelling units approved for all phases of the community may be issued prior to commencing the construction of the golf course. At such time as 50% of the building permits shall have been issued, the Board of Supervisors may request that financial security be posted for the remaining improvement costs for completion of the golf course, with the form of financial security to be determined by the Board. The improvement costs to be secured would be for the golf course only; costs for construction of associated uses as permitted in §
300-325C herein shall be excluded. Building permits shall not be issued for more than 75% of the total number of dwelling units approved for all phases of the Golf Course Residential Community, until such time as the construction of the golf course is substantially complete, which shall be construed to mean that the golf course is playable and is being utilized.
C. Any clubhouse
must be situated such that it is internal to the Golf Course Residential
Community, with the exception that it may front onto one of the existing
frontage roads. Except for any such roadway frontage, it shall abut
any or all of the following: an internal community roadway, the golf
course, other open space associated with the community or residential
development within the Golf Course Residential Community.
D. The clubhouse
and any other permitted nonresidential buildings shall be of a residentially
compatible design. Building bulk and shapes, rooflines and building
materials shall be compatible with the residential buildings constructed
within the Golf Course Residential Community.
E. The golf course
shall be maintained by an entity satisfactory to the Board of Supervisors.
If the golf course ceases to be used for the operation of a golf course
for any reason, the area shall be preserved as passive open space
and maintained as such. No other use shall be permitted thereon unless
and until the operation of a golf course is resumed.
F. The golf course
may be made available to the general public on any day that it is
open.
[Amended 8-1-2011 by Ord. No. 517]
A coordinated landscape plan, showing golf course landscaping, 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:
(1) Shade trees shall be installed along all public and private streets, in accordance with the requirements of Chapter
270, Subdivision and Land Development, of the Code of the Township, §
270-68C. However, if it is more appropriate, based upon the site design proposed, some or all of these trees may be redistributed elsewhere throughout the community, with the approval of the Township.
(2) Landscaping
within the golf course shall be based upon the design and play of
the course as prescribed by the Golf Course Architect.
(3) Landscaping within the golf course may be credited against the requirements for those Type 1 buffers required in Subsections
C and
D of this section. The Township may permit such credits in those instances wherein the golf course landscaping would equal or exceed the buffering qualities of the Type 1 buffer in a specific location(s).
(4) Based upon
review of the submitted landscape plan, the Township may require landscaping
in addition to those minimal requirements herein where unusual field
conditions exist, or if circumstances arise which were not contemplated
by this article.
B. General buffering requirements. General buffer requirements shall be followed, as stipulated in § 300-459B of this chapter; specifications for the various buffer types listed herein shall be as stipulated in § 300-459C of this chapter. In those instances in which berms are not required, they may be used as a substitute for some of the plant material in a specific buffer situation, if the Township concurs, in its review of the landscape plan, that the berms equal or exceed the buffering qualities necessary in that specific buffer situation. Buffers shall be installed in those situations as prescribed in Subsections
C and
D of this section, unless golf course landscaping in accordance with Subsection
A(3) of this section, or berms in accordance with this subsection, are permitted by the Township as substitutions.
C. Buffers for
dwelling units:
(1) Between
a dwelling unit and an existing frontage roadway: Buffer Type 3 required.
(2) Between
a dwelling unit and an abutting, off-site residential use or district:
Buffer Type 2 required.
(3) Between
a dwelling unit and an abutting, off-site nonresidential use or district:
Buffer Type 3 required.
(4) Between
a dwelling unit and parking areas for residential units: Buffer Type
1 required.
(5) Between
a dwelling unit and parking area serving a nonresidential use: Buffer
Type 2A required.
(6) Between
a dwelling unit and the edge of a tee, fairway, or green: no buffer
required. (The Board of Supervisors shall require additional planting
where there is a high probability of the ball leaving the playing
area.)
(7) Between
a dwelling unit and any other permitted building within the golf course
development: Buffer Type 2 required.
(8) Between
a dwelling unit and an outdoor recreational facility associated with
the development, but not housed in a building: Buffer Type 1 required.
(9) Between
two dwelling unit groupings within the Golf Course Residential Community:
Buffer Type 1 required.
D. Buffers for
golf course use:
(1) Between
the golf course and an abutting, off-site residential use or district:
no buffer required. (The Board of Supervisors shall require additional
planting where there is a high probability of the ball leaving the
playing area.)
(2) Between
the golf course and an abutting, off-site nonresidential use or district:
Buffer Type 3 required.
(3) Between
the golf course and an existing frontage roadway: no buffer required.
(The Board of Supervisors shall require additional planting where
there is a high probability of the ball leaving the playing area.)
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 golf course and other 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, a general layout of the proposed golf course, usage of other open space 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. §
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.
(4) Topsoil shall be protected in accordance with §
270-66C, Topsoil preservation, of Chapter
270, Subdivision and Land Development.
C. Pedestrian accommodations
shall be included on the development tract in locations logical to
provide pedestrian movement between buildings, between buildings and
parking areas and between the residences and the golf course and other
open space areas. Said pedestrian accommodations shall be reflected
on each subsequently approved land development plan. In addition to
accommodation for pedestrians, accommodations shall be made for golf
carts and for the handicapped. For any crossings of roadways with
a feeder or higher classification in accordance with the Township's
Ultimate Right-Of-Way Map, grade-separated accommodations shall be
provided. In any instance wherein a pedestrian, golf cart or handicapped
crossing is proposed for 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, golf course or open
space configuration, landscaping or extent of natural features preservation
which is substantive in the opinion of the Board of Supervisors will
necessitate that 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 modifications to the layout
of dwelling units within the same grouping and minor adjustments in
the location of groupings of dwelling units, 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. In addition,
as each land development plan is approved on an individual lot, a
perpetual deed restriction shall be placed on that lot restricting
any further subdivision of that lot and further restricting the amount
of impervious coverage, to that percentage which was approved as part
of the land development plan.
F. Phasing of a development in the GCR 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 same in Chapter
270 of the Township Code; their depiction on the master plan is required once they are approved by the Township.
G. Subdivisions for mortgage or similar purposes may be permitted, following the requirements set forth in §
270-30F of Chapter
270 of the Township Code. Subdivisions, duly processed in accordance with the usual requirements for the same as contained in Chapter
270, to allow sections and/or phases of the residential component of the development to be developed separately and/or at different times, may also be permitted. All subdivisions approved by the Township, regardless of purpose, shall be reflected on the most recent master plan.
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, legal entity responsible for golf course operations
and entity (if different) responsible for the operations of the clubhouse
and its associated facilities, 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. Maintenance
provisions shall be included for the golf course, clubhouse and related
facilities, other recreational facilities, separate rest room facilities,
halfway house, circulation network, common parking areas, landscaping
and all other areas not individually controlled by a homeowner in
fee title.
E. 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.
F. Provisions stipulating
each lot owner/resident's rights with respect to common areas.
G. Any additional
restrictions which will be applied to the development which are stricter
than existing Township regulations.
H. 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.