In expansion of the declaration of legislative intent found in Article I, § 285-2, of this chapter, and the statement of community development objectives found in Article I, § 285-3, of this chapter, the primary purpose of the R-80 Land Preservation District (LPD) is to preserve open land, sensitive natural areas, and rural community character that would be lost under conventional development. In addition, the intent of this district is to permit a reasonable amount of residential development in the form of small, compact neighborhoods of single-family detached homes in an open space setting, located and designed to reduce the perceived intensity of development, preserve natural features and farmland, and provide privacy and neighborhood identity. Specific objectives are as follows:
A. 
To provide for a variety of lotting opportunities consistent with the primary purpose of this district.
B. 
To preserve open land, including those areas containing unique and sensitive natural feature such as woodlands, steep slopes, streams, floodplains and wetlands, by setting them aside from development.
C. 
To preserve scenic views and elements of the Township's rural character, and to minimize perceived density, by minimizing view of new development from existing roads.
D. 
To provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads, utility runs and the amount of paving required for residential development.
E. 
To create compact neighborhoods with direct visual access to preserved open land, with amenities in the form of neighborhood open space, and with a strong neighborhood identity.
F. 
To implement the goals of the Township's comprehensive plan and open space/recreation plan.
G. 
To reduce erosion and sedimentation by the retention of existing vegetation and the minimization of development on steep slopes.
H. 
To create new woodlands through natural succession and reforestation where appropriate, and to encourage the preservation and improvement of habitat for various forms of wildlife.
I. 
To preserve areas of the Township with productive agricultural soils for continued or future agricultural use, by preserving blocks of land large enough to allow for efficient farm operations.
J. 
To provide for the preservation and maintenance of open land within the Township to achieve the above-mentioned goals and for active or passive recreation use by residents.
K. 
To provide standards for preservation of open land and neighborhood lotting to be used in this and other residential districts.
[Amended 7-8-1993 by Ord. No. 93-1; 11-14-1996 by Ord. No. 96-6; 9-14-2000 by Ord. No. 00-3; 8-14-2003 by Ord. No. 03-04]
Land in the R-80 Land Preservation District may be used for the following purposes:
A. 
Residential development and related open land.
(1) 
Single-family detached dwellings shall be permitted at a maximum density of one dwelling unit per two acres of net lot area.
[Amended 1-14-2010 by Ord. No. 2010-01]
(a) 
Conventional lotting.
[1] 
On tracts of less than 10 acres in size, existing as of the date of adoption of this chapter, single-family detached dwellings are permitted under the conventional lotting standards found in § 285-94A, herein, with no required common open land, although a portion of the tract may be set aside as open land, if desired. No more than one dwelling is permitted per individual lot.
[2] 
On tracts of 10 acres or more, single-family detached dwellings are permitted under the conventional lotting found in § 285-94A, herein, with no required common open land, only when authorized by the Board of Supervisors as a conditional use, in compliance with § 285-96, herein. If not authorized as a conditional use, the lotting shall comply with Subsection A(1)(b), Neighborhood lotting, below.
(b) 
Neighborhood lotting. Tracts of 10 acres or more shall be planned for ultimate development of single-family detached dwellings in compliance with the neighborhood design standards found in § 285-91, herein, with at least 75% of the tract preserved as open land. Ultimate development plans may be phased in compliance with § 285-97, herein. Prior to planning for ultimate development, limited subdivision may be permitted in compliance with Subsection A(1)(c), Preneighborhood lotting, below.
(c) 
Preneighborhood lotting. As a one-time option, tracts of 10 acres or more which are otherwise subject to the neighborhood design standards of § 285-91, herein, may be subdivided to create from one to four new building lots in compliance with the standards and criteria contained in § 285-98, herein.
(2) 
Open land shall be permitted when comprising a portion of a residential development, as specified above and according to the requirements of § 285-92, herein.
B. 
Rural lotting. Tracts of 60 acres or more may be subdivided into rural lots of a minimum of 30 acres each, in compliance with the rural lotting standards found in § 285-99, herein, for the following purposes:
(1) 
Agricultural activities of the following types:
(a) 
The cultivation, harvesting and sale of crops and related farm products.
(b) 
The raising and sale of livestock or flow, along with associated pasture and grazing land.
(c) 
Orchards, nurseries, greenhouses and related horticultural uses.
(2) 
Single-family detached dwellings, one per rural lot.
(3) 
Open space uses, primarily passive in nature, including wildlife sanctuary, forest preserve, nature center and similar uses.
(4) 
Game farm, fish hatchery, hunting or fishing preserve; or similar uses designed for the protection or propagation of wildlife.
(5) 
Parks and recreation areas in compliance with the standards and criteria of Article XIV, Institutional and Recreational District, when approved by the Board of Supervisors in compliance with § 285-123 of Article XIV.
C. 
Agriculture.
D. 
Accessory uses. Accessory uses shall be permitted on the same lot with and customarily incidental to any permitted use, in compliance with § 285-62, Accessory uses, of this chapter.
E. 
Elder cottages, as defined herein, are only permitted by special exception, subject to the regulations contained in § 285-76 of this chapter.
F. 
Cellular communication tower, subject to the provisions of § 285-67C.
G. 
No-impact, home-based business.
The initial formal application for any subdivision shall include an inventory and analysis of the site. The following site elements shall be inventoried and mapped in sufficient detail to allow evaluation of the plan relative to the intent of this district. Where a conflict occurs between these standards and those of Chapter 240, Subdivision and Land Development, the stricter requirement shall prevail.
A. 
Physical resources. Identification of resources associated with the natural environment of the tract, including geology, topography, soils, hydrology and vegetation. These features shall be mapped at a scale of not less than one inch equals 100 feet, and shall be briefly described. The maps shall include:
(1) 
Topographic contours at ten-foot intervals, showing rock outcrops and slopes of more than 15%, in compliance with the Steep Slope Conservation District, Article XV, of this chapter. Applicants are encourage to use two-foot contours drawn from aerial photographic sources because of their increased accuracy and practicality.
(2) 
Soil type locations and a table identifying soil characteristics relating to agricultural capability, seasonal high water table, depth to bedrock and suitability for onsite disposal systems, as per the Montgomery County Soil Survey.
(3) 
Hydrologic characteristics of the site, including surface water bodies, floodplains and hydric soils. If a wetlands survey is not provided initially, it shall be provided as part of the preliminary plan submission.
(4) 
Vegetation of the site, defining location and boundaries of woodland areas and vegetation associations in terms of species and size.
B. 
Land use. Current land use and land cover (cultivated areas, paved areas, pastures, etc.), all buildings and structures on the land, and all encumbrances, such as easements or covenants.
C. 
Visual resources. Scenic views onto the tract from surrounding roads and public areas, as well as view of scenic features from within the tract.
D. 
Cultural and historic resources. Brief description of historic and cultural character of buildings, and structures, if applicable.
E. 
Context. General outlines of buildings, land use and natural features such as water bodies or wooded areas, roads and property boundaries within 500 feet of the tract. This information may be presented on an aerial photograph at a scale of not less than one inch equals 400 feet.
F. 
Optional sketch plan. The applicant is strongly urged but not required to submit a sketch plan based on the inventory and analysis for any development in the land preservation district, in order to resolve design issues before investing in engineered preliminary plans.
G. 
Required sketch plan. A sketch plan for ultimate development shall be submitted and approved prior to phasing of preliminary or final plans in accord with § 285-97, herein.
[Amended 7-8-1993 by Ord. No. 93-1]
The following standards to apply to all residential development proposed under § 285-89A(1)(b), Neighborhood lotting, herein:
A. 
All lots shall be grouped into neighborhoods which shall contain at least five, but not more than 25 lots, and are surrounded by open land.
B. 
The maximum or minimum number of lots in a neighborhood may be increased or decreased, and neighborhoods may be assembled into larger groupings with the approval of the Board of Supervisors. However, the applicant must demonstrate that such an alternative plan is more appropriate for the tract in question, and will meet both the general intent and design standards of this chapter, rather than being intended solely for economic savings.
C. 
Neighborhoods are defined by the outer perimeter of contiguous lotted areas or abutting roads and may contain lots, roads and neighborhood open space.
D. 
A plan may contain one or more neighborhoods.
E. 
The outer boundaries of each neighborhood shall meet the neighborhood setback requirements specified in § 285-94C, herein.
F. 
Neighborhoods shall be located on areas of the tract which are relatively free of sensitive environmental features. At a minimum, neighborhoods shall not encroach upon:
(1) 
Floodplain or wetlands.
(2) 
Lands designated for open space in the Township Comprehensive Plan, Open Space and Recreation Plan or Official Map.
(3) 
Steep slopes, as regulated by the Steep Slope Conservation District, Article XV of this chapter.
G. 
Disturbance to woodlands, hedgerow, mature trees or other significant vegetation shall be minimized.
H. 
Prime farmland soils, and large tracts of contiguous land, suitable for agricultural use, shall be preserved when the Board of Supervisors determines this to be a priority for a tract of land or area of the Township.
I. 
Neighborhoods shall be defined and separated by open land in order to provide direct access to open space and privacy to individual yard areas. Neighborhoods may be separated by roads if the road right-of-way is designed as a parkway and meets the setback requirements in § 285-94C, herein.
J. 
Views of neighborhoods and developed areas of estate lots from exterior roads shall be minimized by the use of changes in topography, existing vegetation or additional landscaping.
K. 
All lots in a neighborhood shall take access from interior roads, rather than roads exterior to the tract.
L. 
All lots in a neighborhood shall face neighborhood open space or other open land (directly or across a road) to either the front or the rear for a distance of no less than 30 feet.
M. 
Neighborhood open space standards. A neighborhood with 10 or more residential lots must provide neighborhood open space which shall:
(1) 
Count as part of the minimum 75% open land requirement.
(2) 
Be provided at the rate of 1,000 square feet per lot in the neighborhood it serves.
(3) 
Be central to the neighborhood it serves.
(4) 
Provide a minimum of 100 feet of road frontage in the neighborhood it serves.
(5) 
Be permitted to contain stormwater detention basins or parking areas, but these shall not be included in the required 1,000 square feet per lot.
(6) 
Take the form of a "parklet," landscaped island or "village green."
(a) 
Parklet.
[1] 
Road frontage on one side, other open land on at least one side.
[2] 
Should contain walking, sitting, tot-lot and lawn areas and other elements to create a visual and social focal point for the neighborhood.
(b) 
Landscaped island.
[1] 
Surrounded by roads.
[2] 
May be used as a media divider between two one-way cartways; minimum width 35 feet.
[3] 
May be used in the center of an enlarged turnaround area of a cul-de-sac road.
[4] 
May be used as a visual focal point and/or landscaped divider.
(c) 
Village green. A parklet located within an landscaped island.
N. 
Neighborhood recreation area standards. Each neighborhood with five or more residential lots shall be provided with a neighborhood recreation area in compliance with the following standards:
(1) 
Neighborhood recreation areas shall be provided at the rate of 4,000 square feet per lot, with a minimum of 40,000 square feet per neighborhood, suitable for active noncommercial recreation use adjacent to the neighborhood.
(2) 
Neighborhood recreation areas shall be improved by the developer of the subdivision and shall be maintained by the subdivision's homeowners association.
(3) 
These areas shall count as part of the minimum required 75% open land, and shall be provided in addition to the neighborhood open space.
[Amended 7-8-1993 by Ord. No. 93-1]
Under the neighborhood standards, 75% of each tract is required to be set aside as protected open land and shall meet the following standards:
A. 
The following uses are permitted in open land areas:
(1) 
Conservation of open land in its natural state (for example, woodland, fallow field or managed meadow).
(2) 
Agricultural uses, including raising of crops or livestock, and farm buildings.
(3) 
Neighborhood open space as specified in § 285-91M, herein.
(4) 
Passive noncommercial recreation including, but not limited to, trails, picnic areas, community gardens and lawn areas:
(5) 
Active noncommercial recreation areas intended to serve one or more neighborhoods, such as playfields, playgrounds and courts, meeting the setback requirements in § 285-94C, herein.
(6) 
Water supply and sewage disposal systems for neighborhoods, the entire development, or for individual estate lots when located entire within the lot being served.
(7) 
Pasture for recreation horses (at a rate not exceed one horse per two acres).
(8) 
Easements for drainage, access, sewer or water lines or other public purposes.
(9) 
Stormwater management facilities for the proposed development, or for a larger area in compliance with a watershed stormwater management plan (adopted in accord with Act 167, the Stormwater Management Act of 1978).
(10) 
Parking areas of 10 or fewer spaces where necessary to serve active recreation facilities.
(11) 
Above-ground utility and road rights-of-way, except that their land areas shall not count toward the required minimum 75% total open land requirement.
(12) 
Estate lots, in compliance with § 285-94B, herein.
B. 
Open land areas shall be located and designed to:
(1) 
Protect site features identified in the inventory and analysis as having particular value, in compliance with the intent of this chapter.
(2) 
Comply conceptual with the recommendations of the Township's Open Space Plan and/or Comprehensive Plan, where specified.
(3) 
Maximize common boundaries with open land on adjacent tracts as shown in the comprehensive plan or as otherwise required by the Board of Supervisors in the interest of good planning and design.
C. 
Safe and convenient pedestrian and maintenance access shall be provided to open land areas that are not used for agricultural purposes.
(1) 
Each neighborhood shall provide one centrally located access point per 25 lots, a minimum of one lot wide.
(2) 
Access to open land used for agriculture may be appropriately restricted for public safety and to prevent interference with agricultural operations.
(3) 
Public access to estate lots is not required.
D. 
The following are prohibited in open land areas:
(1) 
Use of motor vehicles except within approved driveways and parking areas. Maintenance, law enforcement, emergency and farm vehicles are permitted, as needed.
(2) 
Cutting of healthy trees, regrading, topsoil removal, altering, diverting or modifying watercourses or bodies, except in compliance with a land management plan for the tract in question, conforming to customary and accepted standards of forestry, erosion control and engineering.
E. 
Natural features shall generally be maintained in their natural condition, but may be modified to improve their appearance, functioning, or overall condition, as recommended by experts in the particular area being modified. Permitted modifications may include:
(1) 
Reforestation.
(2) 
Woodland management.
(3) 
Meadow management.
(4) 
Buffer area landscaping.
(5) 
Streambank protection.
(6) 
Wetlands management.
[Amended 7-8-1993 by Ord. No. 93-1]
A. 
Ownership and maintenance of common facilities and open land shall be provided for in accordance with the regulations in § 285-54 of this chapter. In addition, all open land shall be permanently restricted from future subdivision and development that is inconsistent with the standards of § 285-92, Open land standards, herein, and further restricted by use of open land easements among at least three parties consisting of Upper Frederick Township, the subdivision's homeowners' association, and one or more conservation and open space oriented organizations such as land trusts and conservancies including, but not limited to, the following: the Natural Lands Trust, the Brandywine Conservancy, the Perkiomen Valley Watershed Association and the Montgomery County Conservancy.
B. 
In accord with § 285-54 of this chapter, the following methods of ownership may be used, either individually or in combination:
(1) 
Fee simple dedication to the Township, although the Township need not accept the offer of dedication.
(2) 
Condominium association.
(3) 
Homeowners' association.
(4) 
Easements for Township or county open space purposes.
(5) 
Transfer to a private conservation organization, including various forms of conservation easements.
(6) 
Deed restrictions and/or easements on estate lots.
(7) 
Other methods acceptable to the Board of Supervisors.
C. 
Maintenance. Unless otherwise agreed to by the Board of Supervisors, the cost and responsibility of maintaining common facilities and open land shall be in compliance with § 285-54 of this chapter. If the facilities are not properly maintained, the Township may assume responsibility of maintenance and assess costs as stipulated in § 285-54 of this chapter.
[Amended 7-8-1993 by Ord. No. 93-1; 8-14-2003 by Ord. No. 03-04]
All development and use of land within the R-80 Land Preservation District, except rural lotting, shall comply with the applicable requirements of this section.
A. 
Single-family detached dwellings.
(1) 
Single-family detached dwellings in compliance with § 285-89A(1):
[Amended 1-14-2010 by Ord. No. 2010-01]
Conventional
Neighborhood
Minimum tract size
—
10 acres
Minimum common open space land (% of gross lot area)
—
75%
Maximum density (based on net lot acreage)
1 DU/2 acres
1 DU/2 acres
Minimum lot size
80,000 square feet
16,000 square feet [see Subsection A(4), below]
Maximum lot size
—
2 acres
Minimum lot width
200 feet
90 feet
Minimum front yard
200 feet
25 feet
Minimum side yard
40 feet each
25 feet each
Minimum rear yard
60 feet
25 feet
Maximum building coverage (% of net lot area)
5%
15%
(2) 
For conventional lotting, the installation of sidewalks along roads external to the site may be waived by the Board of Supervisors when the applicant provides an easement 50 feet wide along the street's ultimate right-of-way for trail, path or walkway use.
(3) 
If central sewers and water are available, tracts of less than 10 acres may be developed in strict compliance with the "neighborhood" standards of this district, including small lots taking access from a new, internal road, and providing large setbacks from tract boundaries and ultimate right-of-way.
(4) 
The minimum required lot size of 16,000 square feet may be reduced to 12,000 square feet by special exception where site design would be unduly restricted by one or more of the following:
(a) 
Excessive site coverage by:
[1] 
Steep slopes as defined in Article XV of this chapter.
[2] 
Floodplain, wetlands or bodies of water.
[3] 
Bouldery terrain or rock outcroppings, including areas classified by the Soil Survey of Montgomery County as limited by stones and shallow depth to bedrock.
[4] 
Woodlands.
[5] 
Riparian Conservation Corridor.
[Added 1-14-2010 by Ord. No. 2010-01]
(b) 
Desire to retain most of the site in agriculture.
(c) 
Unusual shape or dimensions of a tract that restrict the layout of lots.
(d) 
Constraints imposed by preneighborhood and/or estate lots.
(e) 
Constraints imposed by existing residential or agricultural buildings.
B. 
Estate lot standards. When estate lots are proposed, as permitted under § 285-92A(12), herein, the following standards shall apply:
(1) 
Estate lot dimensional standards.
(a) 
Minimum lot size: four acres (gross lot area); 80,000 square feet net lot area.
[Amended 1-14-2010 by Ord. No. 2010-01]
(b) 
Maximum lot size: 15 acres (gross lot area).
[Amended 1-14-2010 by Ord. No. 2010-01]
(c) 
Minimum lot width: 200 feet.
(d) 
Minimum building setback from all lot boundaries: 50 feet (applies to principal and accessory buildings).
(e) 
Maximum building coverage. 5% of estate net lot areas (applies to principal and accessory buildings).
[Amended 1-14-2010 by Ord. No. 2010-01]
(2) 
Developed area/open land.
(a) 
The maximum area of an estate lot that may be developed to include one dwelling, accessory structures, paved areas, lawns and other residentially landscaped areas and similar improvements shall be 50% of the estate lot area, and shall not count toward the 75% open land requirements.
(b) 
The remaining estate lot area (50%) shall be retained in its natural state or be used for agriculture, reforestation, managed meadow or other open land uses permitted under § 285-92A, herein, and may be counted toward the minimum 75% open land requirement of § 285-94A(1).
(3) 
Number of estate lots permitted.
(a) 
For tracts of less than 60 acres, one estate lot is permitted.
(b) 
For larger tracts, the following maximums apply:
[1] 
Sixty or more acres: two estate lots.
[2] 
Ninety or more acres: three estate lots.
[3] 
One hundred twenty or more acres: four estate lots.
[4] 
For each additional increment of 30 acres, add one estate lot.
(4) 
The dwelling on an estate lot shall be counted toward the maximum density permitted under the ultimate development plan for the tract.
(5) 
The lot shall be restricted by permanent deed restrictions and open land easements against further subdivision and development or use inconsistent with the open land standards of § 285-92, herein.
(6) 
Ultimate development.
(a) 
Estate lots shall be permitted only as a part of an ultimate development plan, or as a phase of an ultimate development plan, which is drawn in compliance with the neighborhood design standards found in § 285-91, herein.
(b) 
Dwellings and the developed areas of estate lots shall not encroach upon floodplains, wetlands or steep slopes.
C. 
Neighborhood setbacks. The outer boundaries of all neighborhoods shall meet the following setbacks. The boundary is defined as the outer edge of lots abutting open land, or of roads adjacent to the fronts of those lots.
(1) 
From external road ultimate rights-of-way as defined by the Township: 200 feet.
(2) 
From all other tract boundaries: 100 feet.
(3) 
From cropland or pasture land: 100 feet.
(4) 
From buildings or barnyards housing livestock: 300 feet.
(5) 
From all other residential neighborhoods and from estate lot property line: 100 feet.
(6) 
From wetlands, floodplains or watercourses: 25 feet.
(7) 
From active recreation areas such as courts or playing fields (not including tot-lots): 150 feet.
(8) 
All setback areas along external roads, including areas on estate lots, shall be landscaped according to the standards of Chapter 240, Subdivision and Land Development, in order to preserve scenic views and integrate the neighborhood into the surrounding landscape. Suggested methods compatible with rural character included deciduous reforestation, hedgerows and/or naturalistic plantings and land forms.
(9) 
Setback standards may be reduced by the Board of Supervisors under the following circumstances:
(a) 
Setbacks from external roads may be reduced to a minimum of 100 feet if the applicant can demonstrate, to the satisfaction of the Board of Supervisors, that existing vegetation and/or topography form an effective visual buffer along these roads, or where natural features seriously constrain strict compliance with the two-hundred-foot requirement, and additional landscaped buffering will be provided to reduce the visual impacts, acceptable to the Board of Supervisors.
(b) 
All other setbacks may be reduced to half of the requirements specified above if the applicant can demonstrate, to the satisfaction of the Board of Supervisors, that reduced setbacks improve the plan's compliance with the neighborhood design standards in § 285-91, herein, the intent of this chapter, and other goals of the comprehensive plan.
D. 
Application of neighborhood setbacks to other lotting.
(1) 
The neighborhood setbacks of Subsection C(1), (2) and (5) shall also apply to the entire lot area of preneighborhood lots and estate lots so that ultimate development of the tract shall be completely surrounded by a band of common open land suitable for buffer, recreation and/or trail purposes.
(2) 
An exception to Subsection D(1), above, may be made for an estate lot intended to contain an existing farmstead, if a minimum fifty-foot open land easement is provided along the estate lot boundaries in the areas that would otherwise comprise the required neighborhood setbacks.
(3) 
Flag lots for conventional lotting are permitted for tracts of land existing at the time of the adoption of this subsection, which meet the dimensional requirements of this chapter, and the standards outlined in § 285-50.
[Added 3-8-2007 by Ord. No. 2007-04]
A. 
Water supply.
(1) 
Dwellings on lots of 40,000 square feet or more may be served by individual onlot wells.
(2) 
All other dwellings shall be served by centralized water supply facilities.
B. 
Sewage disposal.
(1) 
Dwellings on lots of less than 80,000 square feet shall be served by centralized, common or shared sewage disposal systems.
(2) 
When common or shared sewage disposal systems use a portion of the open land area, easements shall be required, as appropriate.
C. 
All sewage disposal shall conform to the Townships Official Sewage Facilities Plan (Act 537), as amended, and may include the following alternatives:
(1) 
Public sewers where available.
(2) 
Individual onlot systems, employing subsurface disposal or spray irrigation on open land.
(3) 
Centralized, community or shared systems employing subsurface disposal or spray irrigation on open land or stream discharge.
[Amended 7-8-1993 by Ord. No. 93-1]
In order to use conventional lotting on tracts of 10 acres or more for single-family detached dwellings with no common open land, in compliance with § 285-89A(1)(a)[2], herein, the applicant must demonstrate to the satisfaction of the Board of Supervisors, conformance with the following standards and criteria:
A. 
The tract in question is unsuitable for neighborhood development due to factors such as the size or shape of the tract or the location of natural features.
B. 
Where the property is wholly or partially in agricultural use, that the property is not feasible for continued or future agricultural use due to its physical characteristics. Existing features such as soil conditions, rock outcroppings, wooded areas, the tract's shape or size, past farming activities, and suitability for efficient use of farm machinery shall be considered.
C. 
The proposed development will not have a disruptive effect on the existing topography, floodplains, wetlands, mature woodlands or other natural features on the site.
D. 
A complete environmental and visual inventory of the site has been submitted, as specified in § 285-90, herein.
E. 
The proposed development shall be consistent with good design principles and land development practices. Specifically, it shall be designed to minimize view of dwellings from exterior roads and to avoid "stripping out" of lots along these roads. Minimum building setback lines from the external road ultimate right-of-way and other tract boundaries shall be as required in § 285-94C(1) and (2), herein.
F. 
The tract in question can be developed in a manner consistent with community goals as expressed in the Comprehensive Plan/Open Space Plan.
When an ultimate development plan for a tract has been approved as a sketch plan, and has been made a part of a binding subdivision and land development agreement between the applicant and the Township, then the preliminary and final plans may be implemented in phases in compliance with the following:
A. 
Phases shall be logically delineated along defined limits including tract, neighborhood and open land area boundaries, estate lot lines and ultimate right-of-way lines of streets internal and external to the development.
B. 
A phase may contain one or more of the following in logical combinations:
(1) 
Neighborhood.
(2) 
Estate lot.
(3) 
Open land area.
(4) 
Road right-of-way.
C. 
An ultimate development plan may be phased in a variety of ways depending on the goals of the owner/subdivider including:
(1) 
All estate lots or all neighborhood lots, with required open land.
(2) 
A mix of estate lots and neighborhood lots, with required open land.
(3) 
One or more estate lots and/or neighborhoods, with the remaining land functioning as a large residual parcel, such as may be retained as farmland, although the ultimate development plan may show additional lotting of the residual parcel.
(4) 
Other combinations that may be approved by the Board of Supervisors, upon recommendation of the Township Planning Commission.
D. 
Every lot proposed in the ultimate development plan shall be subject to the overall legal agreements regarding all the elements of the ultimate development plan including, but not limited to:
(1) 
Maximum number of lots, lot and road layout and open land areas.
(2) 
Membership, rights and responsibilities regarding a homeowner's association or other similar entity.
(3) 
Water supply and sewage disposal.
(4) 
Future phases, including phased construction of neighborhoods in accordance with the approved ultimate plan.
[Amended 7-8-1993 by Ord. No. 93-1]
Preneighborhood lotting permits creation of a limited number of new building lots prior to submission of ultimate development plans under the neighborhood design standards, without compromising the beneficial aspects of this district to preserve rural character and invaluable natural features. Therefore, preneighborhood lotting shall be permitted on tracts of 10 acres or more in compliance with the process, standards and criteria of this section. The applicant shall do the following:
A. 
Determine the number of new building lots permitted from the following table.
Total Gross Tract Acres
New Building Lots Permitted
10 to 14.9
1
15 to 24.9
2
25 to 34.9
3
35 or more
4
(1) 
One existing dwelling may remain on the residual tract area, in addition to creating new building lots.
(2) 
Not more than four new building lots shall be permitted in any case because five new lots constitutes a neighborhood, as defined herein, which should be designed in compliance with the neighborhood design standards, herein.
B. 
Prepare an inventory and analysis as required by § 285-90, herein, and submit a sketch plan for subdivision of preneighborhood lots in compliance with the standards of Chapter 240, Subdivision and Land Development. Following agreement on the sketch plan concept, preliminary plans should be submitted.
(1) 
Minimum lot size: 50,000 square feet.
(2) 
Maximum lot size: 80,000 square feet.
(3) 
Minimum lot width: 150 feet (may be measured as width or depth).
(4) 
Minimum building setback from all lot boundaries: 50 feet.
C. 
Locate the lots in a manner that will not interfere with ultimate development under the neighborhood design standards, herein. The applicant is advised that the use of preneighborhood lots may limit ultimate development of the tract to fewer total lots than would be possible without the use of preneighborhood lots.
D. 
Provide only one vehicular access to the new lots which shall be either:
(1) 
Suitable and reserved for future use as access to the ultimate development.
(2) 
Replaced by revised access internal to the ultimate development when available.
E. 
Ensure that onlot water supply and sewage disposal can be provided for each lot.
F. 
Sign written agreements with the Township and deed restrict the preneighborhood lots and residual parcel to the effect that:
(1) 
The original tract area prior to preneighborhood lotting shall be used as the basis for ultimate development under the neighborhood design standards, herein.
(2) 
Preneighborhood lots shall be included in the total number of lots permitted under ultimate development.
(3) 
The approval of one or more preneighborhood lots has been exercised as a one time option, and that any further subdivision shall comply with § 285-89A(1)(b), Neighborhood lotting, which includes preparation of an ultimate development plan and preservation of at least 75% of the entire original tract as open land.
(4) 
These arrangements and deed restrictions shall be noted or referenced on the recorded plan for preneighborhood lotting and the written agreements shall be referenced on the deeds for preneighborhood lots, the residual parcel and all future lotting of the original tract.
(5) 
These lots may be required to connect into community systems when provided under neighborhood lotting.
[Amended 7-8-1993 by Ord. No. 93-1; 8-14-2003 by Ord. No. 03-04]
Rural lotting permits limited subdivision of large tracts into small tracts for the purposes listed in § 285-89B, herein, and future subdivision under neighborhood lotting standards, listed in § 285-89A, herein, and shall comply with the following standards:
A. 
The applicant shall prepare an inventory and analysis as required by § 285-3, herein, and is encouraged to submit a sketch plan for subdivision of rural lots in compliance with Chapter 240, Subdivision and Land Development, and the standards herein. Following agreement on the sketch plan concept, preliminary plans should be submitted.
B. 
Each rural lot shall be appropriately configured and contain suitable land areas for future subdivision under the neighborhood lotting and design standards, herein, and comply with the following standards.
(1) 
Every lot resulting from a rural lotting subdivision shall provide a minimum gross acreage of 30 acres, a minimum width of 500 feet for the full depth of the lot and a minimum depth of 500 feet for the full width of the lot.
(2) 
Setbacks, Location of Buildings and Other Improvements:
(a) 
Neighborhood setbacks required by § 285-94C(1) and (2), shall be provided along the entire perimeter of a rural lot.
(b) 
Building setbacks shall be 50 feet from the neighborhood setbacks, toward the interior of the tract, for principal and accessory buildings.
(c) 
The applicant is advised that the location of buildings and other improvements on a rural lot should consider their future impacts on ultimate development of the parcel.
(3) 
If a rural lot cannot meet these standards, it shall be permanently deed restricted against future subdivision because of its severe constraints.
[Added 4-13-2000 by Ord. No. 00-1; amended 3-8-2007 by Ord. No. 2007-04]
Flag lots are permitted for tracts of land existing at the time of the adoption of this section, which meet the dimensional requirements of this chapter, and the standards outlined in § 285-50.