[Amended 10-16-2007 by Ord. No. 2007-09]
For all subdivisions and land developments,
applicants shall be required to minimize the removal of healthy trees
and shrubs and to install, maintain and guarantee plant materials
as required herein for visual and other environmental benefits, including
buffering, screening, or otherwise defining and dividing spaces.
A. Required landscaping plan.
(1) Applicants shall submit a landscaping plan as part
of the preliminary plan submission for all subdivisions and land developments,
except for residential subdivisions of three lots or less. The landscaping
plan shall be prepared by a certified planting professional (landscape
architect, nurseryman, arborist, horticulturalist, or urban forester).
The Board of Supervisors may seek the advice of a certified planting
professional regarding compliance with the ordinance standards.
(2) For residential subdivisions of no more than five
lots, a formal landscaping plan is not required, but the applicant's
plans shall be required to show compliance with the applicable planting
requirements herein.
(3) All trees to be preserved shall be clearly located
on the landscape plan and marked "to remain."
(4) Tree survey plan/inventory. A separate tree survey/inventory shall be submitted as described below in §
425-500B(2) herein, where all trees greater than six inches in diameter must be identified.
B. Preservation, protection, and compensation of existing
vegetation.
(1) Woodland, trees and/or shrubs shall be preserved to the greatest extent feasible and preserved vegetation may be counted in lieu of the requirements herein. For this purpose, the Board of Supervisors may waive a part or all of these planting requirements if the applicant requests a waiver and provides sufficient evidence in compliance with §
425-106 of this chapter.
(2) Tree survey plan/inventory. An inventory of all trees
six inches in diameter and larger on the site of the proposed subdivision
and/or land development shall be conducted. The inventory shall include
an identification of sizes, species and condition. The use of annotated
aerial photographs at a scale to include sufficient detail to allow
quantification of trees may be used to show compliance with this requirement.
This requirement may also be satisfied by the use of multiple sample
areas of no less than 100 feet by 100 feet (10,000 square feet), each
to be used to estimate the total woodland tree count.
(3) A calculation and estimate of existing trees to be
removed shall be documented on the submitted tree survey plan, which
must be approved before any clearing commences.
C. Identification of preserved vegetation.
(1) All subdivisions and land developments shall be laid
out in a manner that minimizes the removal of healthy trees and shrubs.
Special consideration shall be given to major specimen trees. The
following guidelines shall be used in determining whether specific
vegetation is to be preserved or removed:
(a)
Each freestanding mature tree, tree mass or
woodland on the site shall be designated "to remain" or "to be removed"
on the submitted tree survey plan/inventory. Existing trees that are
to be relocated on site shall be classified as existing trees "to
remain." Special consideration shall be given to mature specimen trees
and ecologically significant woodlands. Trees shall be considered
"to remain" only if they meet the following criteria:
[1]
The outermost branches of the tree or trees
are at least five feet from any proposed buildings, structures, paving,
parking or utilities, overhead or underground.
[2]
The outermost branches of the tree or trees
are at least five feet from any proposed changes in grade or drainage,
such as excavations, mounding or impoundments.
[3]
The tree or trees are clear of any proposed
sight triangles and do not, by their location and apparent health,
pose any undue threat to the health, safety and welfare of the community.
[4]
The drainage pattern around the preserved vegetation
is maintained.
[5]
Sediment and erosion control measures are installed
to prevent accumulation of silt on the root zone of the preserved
vegetation.
(b)
It shall be the responsibility of the applicant
to demonstrate that existing vegetation removal is minimized by showing
that no alternative layouts are possible and that no alternative clearing
or grading plan would reduce the loss of mature trees, tree masses
and woodlands.
(c)
Mature trees, tree masses, or woodlands that
do not fit the above criteria shall be designated "to be removed."
The applicant shall remove these trees during construction.
(2) Existing vegetation to remain shall be identified
in the field prior to any clearing and shall be physically protected
during construction. A temporary physical barrier such as a snow fence
shall be erected a minimum of one foot outside the dripline on all
sides of individual trees, tree masses, and woodlands prior to clearing
and construction. The barrier shall be placed to prevent disturbance
to or compaction of soil inside the barrier and shall remain until
construction is complete. The barrier shall be indicated on the erosion
and sedimentation control plan and the landscape plan. Reference to
the installation of tree protection should be included in the sequence
of construction notes to ensure incorporation of tree protection prior
to the earliest stages of site disturbance.
(3) Specimen trees or individual trees from woodlands
or tree masses that are to be removed may be transplanted with a tree
spade from one area of the site to another. The transplanted trees
shall be replanted in accordance with standard practices of guying.
Trees not included on the List of General Plant Materials may be transplanted when approved by the Board of Supervisors.
(4) Trees to be preserved near developed portions of a
site should be pruned and fertilized prior to the beginning of construction
in order to ensure their health.
(5) Disturbance allowance.
(a)
Any subdivision or land development proposal which will result in the destruction of more than 25% of the existing trees six inches in diameter or greater on a lot shall replace these trees according to Subsection
C(6) below. This percentage shall be applied on a per-lot basis. For subdivision or land development applications that are a cluster development or utilizing a subdivision design that does not propose individual lots, then this requirement shall apply to the total land area involved in the subdivision or land development.
(b)
No more than 50% of the total acreage containing
woodlands on a site shall be regraded, cleared, built upon or otherwise
altered unless undertaken as an approved forestry operation by the
Montgomery County Conservation District. This percentage shall apply
on a per-lot basis. If the impervious coverage requirements permit
greater clearance, the impervious coverage requirement takes precedence.
Also, for subdivision land development applications that are a cluster
development or utilizing a subdivision design that does not propose
individual lots, then this requirement shall apply to the total land
area involved in the subdivision or land development.
(c)
Removal or disturbance of vegetation in environmentally
sensitive areas, including wetlands and floodplains, steep slopes,
riparian corridors, Pennsylvania Natural Diversity Inventory (PNDI)
wildlife habitats, and ecologically significant woodlands, shall be
minimized.
(d)
The design of a proposed subdivision or land
development shall to the greatest extent possible preserve the contiguity
of existing woodlands on the site with surrounding lands to preserve
continuous woodland corridors and allow for the normal movement, dispersion
and migration of wildlife.
(6) Removal and compensation of existing trees.
(a)
Existing vegetation designated "to be removed" in accordance with the standards of Subsection
C(1) above, over the 25% permitted in Subsection
C(5)(a), shall be replaced according to the following standards:
[1]
Trunk diameters shall be measured according
to the following guidelines.
[a] For single-trunked shade trees,
at a point 4.5 feet above ground level.
[b] For single-trunked ornamental trees,
at a point 12 inches above ground level.
[c] For evergreen trees, at a point
12 inches above ground level.
[d] For multitrunked trees that branch
between one foot and 4.5 feet above ground level, at a point just
below the split.
[e] For multitrunked trees that branch
below one foot above grade, the diameter shall be 60% of the sum total
of all trunks measured at a point 4 1/2 feet above ground level.
[2]
Compensatory trees shall be provided in the
following ratios, based on the sum total of the diameter inches of
trees being removed over the allowed 25%. These standards are applicable
to both deciduous and evergreen trees. Compensation is not required
for shrubs, unless otherwise required by the Board of Supervisors.
[a] For trees six to 18 inches in diameter,
one inch of new tree caliper shall be provided for every one inch
of existing tree diameter cut or removed.
[b] For trees 24 inches in diameter
or greater (specimen trees), two inches of new tree caliper shall
be provided for every one inch of existing tree diameter cut or removed.
[3]
The number of compensatory trees shall be calculated
from the total diameter inches to be replaced, divided by three and
rounded up to the next whole number. All compensatory trees shall
be shade trees with the exception of the following:
[a] Evergreen and ornamental trees
may be substituted for shade trees at a ratio of 2 to 1 for up to
50% of the requirement. Alternative types of compensatory planting
may be permitted, when approved by the Board of Supervisors.
[4]
Compensatory trees shall be a minimum of three to 3.5 inches in caliper for deciduous trees and a minimum of six feet in height for evergreen trees and planted in accordance with §
425-500J.
(b)
Tree compensation mix. Compensation trees are
required to be a mix of species and types. Tree selections shall be
made from Appendix B of this chapter. Any other species may be permitted
if approved by the Township Board of Supervisors.
(c)
Compensation trees shall be planted on the site to mitigate for the existing trees to be removed and shall be in addition to other landscaping or buffers required by this chapter or by Chapter
500, Zoning. The compensation trees shall be identified as such on the plant schedule included on the submitted landscape plan. Locations of compensatory trees must be clearly labeled on the landscape plan.
(d)
At its discretion, when the Board of Supervisors
agrees that, because of size, shape, location, access, topography
or other physical features of the land, the site does not reasonably
contain enough room for the required replacement trees, the Board
may require replacement trees on public lands, a payment of a fee
in lieu of compensatory trees or a combination thereof. Said fee shall
be established by resolution.
D. Street trees.
(1) Street trees shall be selected from the shade trees
in the List of General Plant Materials in Appendix B and shall be required in the following locations:
(a)
Along all existing streets when they abut or
lie within any proposed subdivision or land development.
(b)
Along all proposed streets.
(c)
Along access driveways that serve five or more
residential dwelling units or two or more nonresidential properties.
(d)
Along walkways through parking lots and between
nonresidential buildings, as recommended by the Township Planning
Commission.
(2) The Board of Supervisors may waive the street tree
requirements where there is sufficient existing vegetation or where
it is desirable to maintain scenic views of open space, farmland or
natural features or to provide solar access.
(3) Street trees shall be provided by the subdivider or
developer between the ultimate right-of-way and the building setback
line and shall meet these standards:
(a)
Trees shall be planted a minimum distance of
five feet and a maximum distance of 15 feet from the ultimate right-of-way
line, except that the Board of Supervisors may permit trees to be
planted within the ultimate right-of-way in the following circumstances:
[1]
In developed areas, such as existing villages,
where a large portion of the front yards may be located within the
ultimate right-of-way.
[2]
In cases where closely spaced rows of street
trees may be desirable and future street widening is considered unlikely.
(b)
In nonresidential developments, trees shall
be located within a planting bed within the front yard setback at
least 10 feet in width, planted in grass or ground cover. In areas
where wider sidewalks are desirable or space is limited, planting
pits may be used.
(c)
Trees shall be located so as not to interfere
with the installation and maintenance of sidewalks and utilities.
Trees shall be planted a minimum of three feet from curbs and sidewalks,
15 feet from overhead and underground utilities.
(d)
Trees shall be planted at a ratio of at least
one tree per 50 feet of frontage or fraction thereof. Trees shall
be distributed along the entire frontage of the property although
they need not be evenly spaced.
(e)
Street trees shall be selected from Appendix
B, Section 1, Large Shade Trees.
E. Property line buffer requirements. All subdivisions
and land developments shall be landscaped with property line buffers
to integrate new development with its surroundings and to separate
it from dissimilar land uses on abutting parcels.
(1) Buffer locations and dimensions.
(a)
Property line buffers shall be located within
an area of not less than 25 feet nor more than 50 feet in width contiguous
to the entire lengths of all side and rear property lines and external
street boundaries of the tract ultimate rights-of-way (UROW) proposed
for subdivision and/or land development.
(b)
Where zoning permits a building side yard less
than 25 feet, and the building is proposed to be less than 25 feet
from the tract boundary, the buffer may be reduced to equal the proposed
side yard dimension.
(2) Determining buffer intensities:
(a)
The quantity and type of materials shall be
determined by the type and intensity of the proposed land use and
the adjacent land uses, or zoning district when vacant, according
to Table 1 herein.
(b)
The applicant shall determine the adjacent land
uses along each property boundary by on-site investigation. If the
adjacent land is vacant, then the zoning district shall be used for
the intensity of land use to determine the amount and type of plant
material required for buffering. If there are several permitted uses
on an adjacent site, the most restrictive requirements shall apply.
The Board of Supervisors shall have final approval of interpretation
of the land uses and/or Zoning Map.
(3) Quantities and types of plant materials for property
line buffers:
(a)
After determining required buffer intensities according to §
425-500E(2)(a) and
(b) and Table 1 herein, the applicant shall install at least the following minimum quantities and types of plant material for every 100 linear feet of property line and external street boundary to be buffered:
[1]
Low intensity: one canopy tree plus two ornamental
trees.
[2]
Medium intensity: one canopy tree plus two ornamental
trees plus two evergreen trees plus five shrubs.
[3]
High intensity: one canopy tree plus two ornamental
trees plus five evergreen trees plus 10 shrubs.
(b)
Tree selection.
[1]
Canopy trees shall be selected from Section
1, Large Shade Trees, of Appendix B.
[2]
Ornamental trees shall be selected from Section
2, Smaller Shade Trees; Section 3.B, Flowering Trees; or Section 3.D.2,
Flowering Small Trees.
[3]
Evergreen trees shall be selected from Section
3.D.3, Evergreen Trees.
[4]
Shrubs shall be selected from Section 3.C, Low-Growing
Shrubs and Ground Covers, or Section 3.D.4, Hedge Plants.
(c)
The landscaping plan shall identify the locations
and lengths of each required buffer area and list the numbers and
types of plant materials required in graphic form and by explanatory
labels on the landscaping plan.
(4) Design criteria.
(a)
The required plant materials shall be distributed
throughout the entire buffer areas according to the required intensities.
[1]
Plant materials shall be arranged in an aesthetically
pleasing manner, compatible with the proposed subdivision/land development
and its surroundings.
[2]
Applicants are encouraged to use plant groupings
creatively to optimize the benefits of the buffers. Formal planting
patterns are permitted where appropriate, but rigid, monotonous design
should be avoided.
(b)
In addition to the required plant materials,
applicants are encouraged to use a variety of ground covers, decorative
fences or walls, gravel, river stones, rocks, earth mounding, and
water features to add visual interest within and adjoining the property
line buffers.
(c)
Site element screens are permitted in the buffer
area, in addition to the buffer landscaping.
(d)
Stormwater basins are permitted in the buffer
area, provided that the purposes of the property line buffer are not
compromised.
(e)
Parking is not permitted in the buffer area.
(f)
Existing features, including landforms, vegetation
and water features, may be substituted for part or all of the required
property line buffer, provided that the visual effect shall be equal
to or exceed that of the required buffer, as determined by the Board
of Supervisors.
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Table 1
Property Line Buffers
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[Amended 4-14-2009 by Ord. No.
2009-01]
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Adjacent Use or Zoning District
When Undeveloped
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Proposed Use
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Office/ Institutional and Public
Recreation
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Commercial/ Industrial
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Multifamily, SFA, MHP
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Two-Family, SFD
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Office/ institutional1
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Low
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Low
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Medium
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High
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Commercial/ industrial
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Medium
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Low
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High
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High
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Residential2
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Low
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Medium
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Low
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Medium
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Active recreation: playing fields,
golf courses, swim clubs, etc.
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Low
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Low
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Low
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Low
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NOTES:
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1
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All uses in office/limited industrial
parks shall be considered office/institutional uses.
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2
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Buffers are required for all multifamily,
single-family attached, clustered single-family, and mobile home park
developments.
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F. Site element screen requirements. Applicants shall
install site element screens in all proposed subdivisions and land
developments to soften or conceal the effects of site elements that
are incompatible with adjoining land use or otherwise considered undesirable
in terms of appearance, functions, noise generation, or other characteristics.
(1) The following site elements shall be screened by an
appropriate site element screen when they are part of the applicant's
proposal and located partially or fully within 100 feet of the applicant's
tract boundary lines or public or private rights-of-way:
(b)
Dumpsters, trash disposal, or recycling areas.
(c)
Service or loading docks.
(d)
Outdoor storage or sales yard.
(f)
Rear yards of single-family attached dwelling
units.
(g)
Rear yards of multifamily dwellings.
(h)
Active recreation facilities.
(i)
Sewage treatment plants and pumping stations.
(j)
Site elements with visual impact similar to
the above elements, as determined by the Township Planning Commission,
Engineer or Supervisors.
(2) Determining site element screen types:
(a)
The type of site element screen required shall be determined by the type of site element and the type of adjacent existing land use, or zoned use in the case of vacant land, according to Table 2 herein. Design criteria for screen types are found in §
425-500G.
(b)
The applicant shall determine the adjacent land
uses along each property boundary by on-site investigation. If the
adjacent land is vacant, then the uses allowed in the existing zoning
district shall be used. If there are several permitted uses on an
adjacent site, the most restrictive requirements shall apply. The
Board of Supervisors shall have final approval of interpretation of
the land uses and/or Zoning Map.
(c)
Site elements not included in the above list
that have a similar visual impact shall be screened in accordance
with requirements for the most similar elements as determined by the
Township Planning Commission, Engineer or Supervisors.
(3) Screen location and extent. At a minimum, the site
element screen shall be placed between the site element and the property
line. As needed, the screen shall be extended to maximize its concealing
effects and shall be required to surround the site element without
impeding its function or encroaching on sight triangles, as determined
by the Township Planning Commission, Engineer or Supervisors.
Table 2
Site Element Screen Types
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Adjacent Land Use/Zoning District When
Undeveloped
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Nonresidential
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Residential
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All Roads
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Proposed Site Element
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Office or Institutional
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All Other Nonresidential
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Single-Family Detached or Attached; Multifamily
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Parking lots, 30 stalls or less
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1
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1
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2
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1 or 2
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Parking lots, 31 stalls or greater
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1
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1
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2, 3, 5, 6 or 7
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1, 2, 6, or 7
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Dumpster, trash or recycling areas
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5, 6, or 8
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4, 6, or 7
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5, 6, or 8
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4, 6, or 7
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Service and loading docks
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8, 9, or 10
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8, 9, or 10
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9 or 10
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8, 9, or 10
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Outdoor sales yard and vehicle storage (excluding
car sales areas)
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8 or 9
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4,6, or 7
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8 or 9
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2, 6, or 7
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Attached residential or multifamily, rear yards
only
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2, 5, 6, or 7
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4, 5, 6, 7, 8, or 9
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2, 5, 6, or 7
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5, 6, 7, 8, or 9
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Active recreational facilities: tennis, basketball,
court games, etc.
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7, 8, or 9
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6 or 7
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8 or 9
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4, 5, 6, or 7
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Sewage treatment plants and pump stations
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9
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7, 8, or 9
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9
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8 or 9
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NOTES:
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1.
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When both residential and nonresidential uses
are allowed by the zoning district on the adjacent land, the residential
requirements shall apply.
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2.
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Numbers 1 through 10 refer to types of site element screens as described in § 425-500G herein.
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3.
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When more than one alternative is given, choose
one.
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G. Design criteria for screen types.
(1) Screen types specified in Table 2 herein shall comply
with the following criteria:
(a)
Screen Type 1: evergreen or deciduous shrubs.
Shrubs shall be placed three feet on center in a minimum five-foot-wide
bed and arranged to provide a continuous hedge-like screen up to a
minimum height of 3 1/2 feet at maturity. Shrubs may be clipped
to form a hedge or left in natural habit.
(b)
Screen Type 2: berm with evergreen or deciduous
shrubs. A two- to three-foot-high continuous berm with a maximum slope
of 3:1, planted with shrubs as in Screen Type 1.
(c)
Screen Type 3: low wall. A wall of brick, stone,
or decorative modular retaining wall system (not cement block) at
least 50% opaque, not less than three feet in height, with a decorative
fence less than 50% opaque on top.
(d)
Screen Type 4: opaque fence or wall. A six-foot
opaque fence or decorative wall.
(e)
Screen Type 5: opaque fence or wall with ornamental
trees and shrubs. A six-foot opaque fence or decorative wall provided
with plantings at a minimum rate of three shrubs and one ornamental
tree or large shrub for each 25 linear feet of proposed fence or wall,
arranged formally or informally next to the fence or wall.
(f)
Screen Type 6: evergreen hedge. An evergreen
hedge (such as arborvitae, chionanthus, etc.) at a minimum height
at planting of six feet at a maximum of three feet on center.
(g)
Screen Type 7: berm with ornamental trees. A
two- to three-foot-high continuous curvilinear berm with ornamental
trees at the rate of one tree for every 20 feet, clustered or arranged
informally. The berm shall have side slopes a maximum of 3:1 with
the top of berm a minimum of three feet.
(h)
Screen Type 8: double row of evergreen trees.
A double row of evergreen trees placed 10 feet on center and offset
10 feet to provide a continuous screen at a minimum height of 12 feet
at maturity.
(i)
Screen Type 9: berm with shrubs and evergreen
trees. A minimum five-foot-high continuous berm with a row of evergreen
trees placed 10 feet on center on both sides, but not on top of the
berm, and interspersed with a variety of ornamental trees and large
shrubs at a rate of one per 25 feet.
(j)
Screen Type 10: architectural extension of building.
An eight-foot-minimum-height architectural extension of the building
(such as a wing wall) shall enclose the service area and loading docks.
The extension shall be consistent in building materials and style
with the main building.
(2) Alternative screen types.
(a)
The applicant may propose the use of alternative screen types or changes in plant materials or designs that fulfill the intent of these regulations, when approved by the Board of Supervisors as a waiver, in compliance with §
425-106 of this chapter.
(b)
Existing features, including landforms, vegetation, and water features, may be substituted for part or all of the required site element screen, provided that the visual effect shall be equal to or exceed that of the required screen, when approved by the Board of Supervisors as a waiver, in compliance with §
425-106 of this chapter.
H. Parking lot landscaping. All parking lots with 10
or more spaces shall be effectively landscaped with trees and shrubs
to reduce the visual impact of glare, headlights and parking lot lights;
to help define driving lanes and rows of parking; to improve the overall
appearance of the parking lot; and to provide shade to reduce the
amount of reflected heat.
(1) Perimeter planting.
(a)
The entire perimeter of all parking lots with
10 or more spaces shall be planted with shade trees (see Appendix
B) at the rate of one tree per 50 feet of perimeter.
[1]
These trees shall be planted not less than five
or more than 10 feet from the edge of paving of the parking lot.
[2]
When planted between the parking lot and a building,
each tree shall be located in a planting bed or lawn area at least
100 square feet in area.
(b)
The perimeter of all parking lots with 10 or
more spaces shall be planted with site element screen planting in
compliance with Table 2 herein.
(2) Planting islands.
(a)
Each planting island required by §
425-416 of this chapter or otherwise proposed on a plan shall be planted with one shade tree selected from the lists in Appendix B, with the remaining island area entirely covered by ground cover and/or shrub planting less than two feet in height at maturity.
(b)
Each planting island shall be a minimum of nine
feet by 18 feet in area and shall be underlain by soil not base course
material.
(3) Planting strips.
(a)
Each planting strip required by §
425-416 of this chapter or otherwise proposed on a plan shall be planted in compliance with shade, flowering or evergreen trees selected from the lists in Appendix B at the rate of one tree per 30 feet of planting strip and shrubs planted at the rate of one per 20 feet, with the remaining planting strip area entirely covered by ground cover.
(b)
Additional tree and shrub planting is encouraged
within planting strips.
(c)
Planting islands at the ends of planting strips shall be planted in compliance with §
425-500H(2) herein.
(d)
Each planting strip shall be a minimum of 10
feet wide and run the length of the parking row and shall be underlain
by soil not base course material.
(4) Additional planting within parking lots. All parking
lots with a capacity of 50 or more spaces shall be provided with additional
planting of shade trees at the rate of one tree per 10 spaces' capacity.
These trees may be planted in additional planting islands or strips
or be planted adjacent to required perimeter planting.
(5) Maintenance of sight distance. At all driveway intersections
within or adjacent to parking lots, plant materials other than shade
trees shall be maintained by the applicant and/or property owner at
a maximum height of two feet to ensure adequate sight distances. For
intersections with parking access aisles, this height shall be maintained
for a minimum of 15 feet. For intersections of major driveways, this
height shall be maintained for a minimum of 25 feet.
(6) The placement of light standards shall be coordinated
with the landscape design to avoid a conflict with the operation of
luminaires.
I. Stormwater basin landscaping. All stormwater basins
in all subdivisions and/or land developments shall comply with these
requirements, except for those serving three or fewer residential
lots or a total drainage area of less than five acres.
(1) Basin floor vegetation. Basin floors shall be planted
with an appropriate seed mixture for meadow/wildflower vegetation
instead of conventional lawn grasses, and annual mowing shall be required.
The Township's landscape consultant shall select or approve appropriate
mixtures, including specific seeding rates and soil preparation requirements.
(2) Low-flow channel and emergency spillway vegetation.
Low-flow channels and emergency spillways shall be planted with erosion-resistant
plant materials and/or be protected against erosion by appropriate
geotextile materials acceptable to the Township Engineer and Township
landscape consultant. The route of low-flow channels from basin inlet
to outlet shall be lengthened to the maximum reasonable extent to
increase time of flow and potential for infiltration.
(3) Side-slope landscaping. The landscaping plan shall
delineate basin impoundment slopes and existing and cut slopes to
facilitate side-slope landscaping in compliance with the following:
(a)
Basin impoundment structure. Trees shall not
be planted on the impoundment structure, and an appropriate seed mixture
for meadow/wildflower vegetation shall be used instead of conventional
lawn grasses. Annual mowing shall be required to prevent natural reforestation.
The Township's landscape consultant shall select or approve appropriate
mixtures, including specific seeding rates and soil preparation requirements.
(b)
Existing and cut slopes. Existing and cut slopes
shall be planted with a combination of naturalized plantings, including
trees, shrubs and wildflowers.
[1]
Wildflower seed mixture, seeding rates, and
soil preparation requirements shall be selected or approved by the
Township's landscape consultant.
[2]
Trees and shrubs shall be planted according
to one of the following options, with the specified number of trees
and shrubs per each 100 linear feet of slope area. Plant materials
shall be selected from the list of recommended plant materials in
Appendix C, Riparian Corridor Plant List, or as otherwise approved by the Township's landscape consultant:
[a] Option 1: three canopy or flowering
trees plus five evergreen trees plus 10 shrubs.
[b] Option 2: three canopy or flowering
trees plus three evergreen trees plus 15 shrubs.
[c] Option 3: two canopy or flowering
trees plus two evergreen trees plus 25 shrubs.
J. Planting specifications.
(1) All plant materials shall meet the specifications
of and be planted in conformance with the standards of the American
Association of Nurserymen. Plants shall be spaced to provide optimum
growing conditions.
(2) Planting shall be done only when climatic conditions
are suitable to sustain newly planted material. As part of plan approval,
planting may be delayed to allow planting at a suitable time.
(3) All plant materials shall be selected from the List
of General Plant Materials in Appendix B.
K. Sizes of plant materials at planting.
(1) Street trees, shade trees, and canopy trees shall
be a minimum of 2 1/2 inches in caliper, measured six inches
above the ground for up to and including four-inch caliper size, and
12 inches above the ground for larger sizes.
(2) Evergreen trees for screening purposes shall be a
minimum of six feet tall.
(3) Flowering trees in buffer areas shall be a minimum
of eight feet tall.
(4) Unless otherwise specified, shrubs shall be a minimum
of 18 inches tall.
L. Required variety of tree species. For all required
tree planting, a variety of tree species is required as follows:
|
Total Number of Required Trees
|
Minimum Number of Different Tree Species
|
Maximum Percentage of Trees of One Species
|
---|
|
0 to 5
|
1
|
100%
|
|
6 to 15
|
2
|
50%
|
|
16 to 30
|
3
|
40%
|
|
31 to 50
|
4
|
30%
|
|
51+
|
6
|
20%
|
M. Seeding and sodding.
(1) All areas of a subdivision or land development shall
be seeded where the slopes are 8% or less, except area of existing
woodland, wildlife habitat, wetland, floodplain or other significant
natural features. The type and method of seeding shall conform with
recommendations in the Montgomery County Conservation District Soil
Erosion and Sediment Control Handbook.
(2) Sodding is required in a subdivision or land development
where slopes are over 8%, in the bottom of swales, on embankments,
and as may be deemed necessary for soil erosion control by the Montgomery
County Conservation District.
[Amended 2-9-2016 by Ord.
No. 2016-02]
Any lot or tract of land that is proposed for subdivision or land development which contains or is adjacent to a watercourse may contain areas of identified floodplain which is defined, and boundaries established, as set forth in the Chapter
240, Floodplain Management. Areas of identified floodplain are subject to all the regulations of Chapter
240 as well as to all the regulations of the FPC Floodplain Conservation Overlay District as set forth in Chapter
500, Zoning.
[Amended 12-13-2005 by Ord. No. 2005-13; 2-13-2007 by Ord. No. 2007-01]
In accordance with the Upper Perkiomen Valley
Regional Comprehensive Plan, and the Upper Hanover Township Open Space
and Environmental Resource Protection Plan Update (2006), or any successor
plan thereto, applicants shall provide open space as required by the
Upper Hanover Township Zoning Ordinance. Compliance with this section
shall be a condition precedent to final plan approval and shall be
a provision of the development agreement.
A. Open space characteristics. The preservation of open
space shall be guided by and be in accordance with the Open Space
and Environmental Resource Protection Plan of Upper Hanover Township,
or any successor plan thereto and be characterized by one or more
of the following:
(1) Active and passive recreation areas.
(2) Environmentally sensitive and attractive areas, such
as:
(c)
Floodplain, as defined in this chapter and Article
XX, Floodplain Conservation Overlay District, of Chapter
500, Zoning.
(d)
Steep slopes as defined in Chapter
500, Zoning.
(e)
Farmland which is to be continued in agricultural
use.
(h)
Historic sites which are registered or are capable
of becoming registered on the Commonwealth of Pennsylvania Register
or the National Historic Register.
B. Common open space design requirements.
(1) In all instances where permanently preserved open
space is required, it shall:
(a)
Provide a continuous system of usable areas
among groupings of residential dwelling units wherever practicable,
and be conveniently located for access by potential users.
(b)
Interconnect with common open space areas on
abutting parcels wherever possible.
(c)
Provide appropriately improved, safe and convenient
access via public road frontage or other rights-of-way or easements
for pedestrian, bicycle and/or maintenance vehicle traffic, etc.
(d)
Provide sufficient parking when necessary, as
in recreation areas.
(e)
Provide no less than 25% of the open space as
buffers between development and existing roads.
(f)
Provide no more than 50% of the open space as
floodplain, steep slopes, riparian corridor or any other restricted-use
areas.
(g)
Be crossed by public or private roads only where
necessary for proper traffic circulation, upon recommendation of the
Township Engineer.
(h)
Contain areas no less than 50 feet in width
and no less than 11,000 square feet of contiguous area, except that
individual tot-lots shall be included in the total required open space
area.
(i)
Provide at least one designated common area
within the development containing no less than 30% of the required
open space.
(j)
Provide recreation facilities as required herein.
(k)
Not include areas devoted to stormwater management
facilities and/or utility easements or rights-of-way (including, but
not limited to, sanitary sewer, water, stormwater, telephone, gas,
electric and cable).
(2) Where common open space is required by the Zoning Ordinance under the R-2 District's design alternative for open space preservation and age-qualified housing standards, the open space shall comply with the design requirements of §
425-503B(1) as well as the following. Where conflicts occur, the standards of this section shall prevail. Open space shall:
(a)
Be located and designed to preserve the Macoby
Creek Greenway, where applicable, in compliance with the recommendation
of the Open Space and Environmental Resource Protection Plan. The
applicant shall be required to construct the Greenway Trail and access
to it from the development.
(b)
Preserve other natural features, including one-hundred-year floodplains, wetlands, riparian corridors, slopes more than 25% in grade, and woodlands, where feasible. The criteria of §
425-503B(1)(f) shall not necessarily apply.
(c)
Be primarily for the purpose of trails or other
passive forms of recreation.
(d)
Where natural features exist, generally maintain
their natural condition, but may be modified, when approved by the
Board of Supervisors with the recommendation of the Planning Commission,
to improve their appearance, functioning or overall condition, as
recommended by experts in the particular area being modified. Permitted
modification may include:
[5]
Streambank protection and/or restoration.
(3) Further, open space in age-qualified development:
(a)
Shall provide internal open space as a focal
point for recreation and visual purposes, designed with a village
green character that complies with the following standards:
[1]
Central locations with convenient visual and
pedestrian access from the surrounding neighborhood, provided at the
rate of one per 50 dwelling units.
[2]
Minimum area of 10,000 square feet, configured
so that a circle with a diameter of 100 feet can fit within its confines.
[3]
Slope of 3% or less, extending uniformly throughout
its area, with the majority of its area as lawn suitable for passive
or informal active recreation.
[4]
A seating area with a gazebo, pavilion, fountain
and/or paved plaza to serve as a central gathering place for the neighborhood.
[5]
Perimeter and internal landscaping that includes
street trees and a variety of additional ornamental landscaping.
(b)
May include landscaped visual breaks interspersed
between buildings along internal streets when the break provides a
minimum width of 75 feet between buildings. Driveways may be located
within these spaces, provided that the width of the space is increased
to maintain the seventy-five-foot-wide landscaped space.
(c)
May include landscaped islands within the internal
road system when the islands are a minimum of 10 feet wide and 500
square feet in area.
(d)
May include 10% of the area within the required
minimum perimeter buffer toward the open space requirement when the
buffer areas satisfy the following criteria:
[1]
Minimum width of 50 feet from all tract boundaries.
[2]
When used for conveniently accessible seating
areas at intervals of no more than 500 feet, especially along walking
and/or fitness trails.
[3]
When used to provide intense buffering and a
variety of landscaped spaces along public roads and areas abutting
existing single-family detached residences, with planting at a rate
1.5 times the number of plants required for a standard landscape buffer
by this chapter.
(4) Where common open space is required, as by the Zoning Ordinance under the R-3 District, the open space shall comply with design requirements of §
425-503B(1) as well as those following. Where conflicts occur, the standards of this section shall prevail. Open space shall:
(a)
Count the entire area of the buffer toward the
open space requirement when it abuts open space preserved by the applicant.
(b)
Count the entire area of the buffer toward the
open space requirement when it abuts residential development including
parking areas proposed by the applicant only when the buffer is widened
to a minimum of 100 feet.
(5) Further, open space in traditional neighborhood development:
(a)
May include stormwater basins and all utility
easements, including but not limited to storm, sanitary and power
line easements.
(b)
May include areas of 10 feet of width or greater,
provided the narrow areas are defined by fences or walls and constitute
less then 5% of the total open space.
(c)
Shall include village green areas with the following
characteristics:
[1]
Minimum area of one acre.
[2]
Central location with convenient access from
the surrounding neighborhood(s).
[3]
Majority of its area as lawn suitable for informal
active recreation.
[4]
A gazebo, pavilions, fountain and/or paved plaza
as a central gathering place, located to not interfere with lawn recreation
activities.
[5]
Perimeter and internal landscaping that includes
street trees and a variety of additional ornamental landscaping.
C. Open space compliance table. To facilitate review
of compliance with these open space standards, the applicant's plans
shall clearly identify each open space area and provide a table listing
the spaces by type and area, including the site total.
D. Required active recreation facilities.
(1) Applicability and general requirements:
(a)
These requirements apply to all proposals for
subdivision and/or land development located in the R-1, R-2 and R-3
Zoning Districts, and to all proposals using flexible lotting, open
space/cluster, or design alternative standards.
(b)
Facilities shall comply with the definitions
and requirements of this chapter.
(c)
The following table lists the facilities required
by this section:
[Amended 2-13-2007 by Ord. No. 2007-01]
|
Total Number of Lots/Dwelling Units
|
Number of Play Fields
|
Number of Tot-Lots
|
Number of Basketball or Tennis Courts
|
---|
|
10 to 49
|
1
|
1
|
0
|
|
50 to 99
|
2
|
2
|
0
|
|
100 to 149
|
3
|
3
|
1
|
|
150 to 199
|
4
|
4
|
2
|
|
200 to 249
|
5
|
5
|
2
|
|
250 to 299
|
6
|
6
|
3
|
|
300 to 349
|
7
|
7
|
3
|
|
350 to 400
|
8
|
8
|
4
|
|
Developments with more than 400 lots/dwelling
units shall provide one play field and one tot-lot for each additional
50 lots/units or fraction thereof, and one basketball or tennis court
for each additional 150 lots/units, or fraction thereof.
|
(d)
In addition, for more than 300 lots or dwelling
units, the applicant shall install one swimming pool.
(2) Tot-lot requirements.
(a)
Use of tot-lots shall be limited to daylight
hours only; no lighting shall be installed.
(b)
Low-maintenance play equipment and structures
shall be included and confined by a gated fence a minimum of three
feet high. The gate shall be self-closing and self-latching.
(c)
Sitting areas, including benches, shall be provided
for the convenience of persons supervising the children.
(d)
Shade trees shall be provided for sitting and
play areas; gazebo or picnic-type shelters may be used in addition
to shade trees.
(e)
When a tot-lot is placed adjacent to the play
field, practical measures, such as fencing and orientation of facilities,
shall be used to reduce hazards, especially from balls, Frisbees,
or other flying objects.
(f)
Minimum dimensional standards shall be as follows.
[1]
Minimum area: 2,500 square feet within the fenced
areas. Applicants shall provide a landscaped buffer area around the
fenced area a minimum of 10 feet in depth.
[2]
Minimum horizontal dimension: 35 feet.
[3]
Minimum setbacks.
[b] From the ultimate right-of-way
of streets:
[i] Local access streets: 25 feet.
[ii] Collector or arterial streets:
100 feet.
(g)
Locations: at convenient, centralized intervals,
requiring not longer than a one-thousand-foot walk from any dwelling
unit.
(3) Play field requirements.
(a)
Play fields shall be used only during daylight
hours; no lighting shall be installed.
(b)
Play fields are intended for informal, neighborhood
use. Play fields shall not be used for formalized programs such as
Little League Baseball or Midget Football that should be conducted
on larger, more appropriate fields that are located, designed and
intended for use by the extended community.
(c)
Play fields shall consist of a lawn area, unobstructed
by trees, shrubs, benches and other playground equipment. Applicants
are encouraged to locate trees and shrubs along the perimeter of a
play field, however, to define its limits, enhance its appearance,
and filter noise generated by activities.
(d)
Play fields shall be gently sloped, not less
than one-percent nor more than three-percent grade, and shall be well-drained
so that they are suitable for use in good weather.
(e)
Play fields may be fenced if desired by the
applicant.
(f)
Sitting areas may be provided along the perimeter
if desired by the applicant.
(g)
Minimum dimensional standards shall be as follows.
[1]
Minimum area: 25,000 square feet.
[2]
Minimum horizontal dimension: 150 feet.
[3]
Minimum setbacks to the edge of a play field:
[a] From any dwelling unit: 100 feet.
[b] From the ultimate right-of-way
of streets:
[i] Local access streets: 25 feet.
[ii] Collector or arterial streets:
50 feet.
(h)
Locations: at convenient, centralized intervals.
(4) Basketball and tennis court requirements.
(a)
These courts shall be constructed in accordance
with specifications approved by the Township Engineer and shall be
oriented in a north-south direction.
(b)
Minimum dimensional standards shall be as follows:
[1]
Court areas shall be of standard size.
[2]
Tennis courts shall be a minimum of 60 feet
by 120 feet.
[3]
Basketball courts shall be a minimum of 70 feet
by 104 feet.
[4]
Minimum setbacks to the edge of paving:
[a] From any dwelling unit: 125 feet.
[b] From the ultimate right-of-way
of streets:
[i] Local access streets: 25 feet.
[ii] Collector or arterial streets:
50 feet.
[5]
From any lot line: 15 feet.
(c)
Tennis courts shall be fenced around the entire
perimeter with minimum ten-foot-high fencing.
(d)
Basketball courts shall be fenced with minimum
six-foot-high fencing under the following conditions:
[1]
When the edge of pavement is less than 30 feet
from a lot line, that edge shall be fenced.
[2]
When the edge of pavement is less than 30 feet
from an area sloping steeply downward from the court, the edge shall
be fenced.
(e)
Lighting may be provided for nighttime use of
courts, so arranged that no glare affects abutting residences or streets,
on a demand-activated basis, until not later than 10:00 p.m.
(f)
Locations: at convenient, centralized intervals.
(5) Swimming pool requirements.
(a)
Minimum pool surface area shall be 3,000 square
feet (e.g., 40 feet by 75 feet).
(b)
In addition, a toddlers' pool shall be provided
with a minimum surface area of 750 square feet.
(c)
The pools shall be surrounded by a paved, nonslip
surface, a minimum of eight feet wide.
(d)
Lawn area shall be provided adjacent to and
around the pool a minimum of 4,000 square feet at a slope not exceeding
8%.
(e)
A permanent building shall be provided for bathrooms
and a lifeguard/supervisor room.
(f)
The entire facility shall be surrounded by a
fence, a minimum of six feet high, with a lockable gate and shall
satisfy all other safety requirements of the Township Building Code.
(g)
Minimum setbacks shall be as follows:
[1]
The edge of paving around the pool and the pool
building shall not be less than 125 feet from any residence.
[2]
Edge of paving, pool building, and perimeter
fencing shall be set back from the ultimate right-of-way of streets
as follows.
[a] Local access streets: 50 feet.
[b] Collector or arterial streets:
100 feet.
(h)
Lighting may be provided for nighttime use,
so arranged that no glare affects abutting residences or streets.
(6) Consolidation of facilities. Applicants are required
to provide the numbers and types of facilities, as required in this
section, spaced for convenient access by the residents. However, applicants
are encouraged to consolidate several facilities in fewer locations
to better serve the residents' needs in the following possible ways:
(a)
By locating all required tennis or basketball
courts in one area, thereby restricting noise and light to one area,
and precluding the need to search the neighborhood for a free court.
(b)
By combining two or more twenty-five-thousand-square-foot
play fields into one larger area to permit larger fields for nonleague
softball, football, soccer, or other field sports, while maintaining
the neighborhood-use character.
(c)
By creating one or more parklike facilities
rather than several sets of scattered facilities.
(d)
By locating some tot-lots in combined areas
while retaining others on individual sites to minimize walking distances
to tot-lots.
(7) Definitions. The following definitions apply to the recreation facilities required by §
425-503 of this chapter:
BASKETBALL COURT
A complete basketball facility, including paved, standard-sized
court area (minimum 70 feet by 104 feet), with posts, backboards,
and baskets at both ends of the court.
PLAY FIELD
A common area within a subdivision or land development for
neighborhood residents to use for informal, active recreation purposes,
such as ball games and other activities requiring a large lawn area,
away from homes or other buildings for their proper conduct.
SWIMMING POOL
A complete swimming facility, including the pool, surrounding
paved deck, lawn area, lifeguard and bathroom facilities, and appropriate
mechanical equipment.
TENNIS COURT
A complete tennis facility, including paved, standard-sized
court area (minimum 60 feet by 120 feet), posts, net and fencing around
its perimeter.
TOT-LOT
A confined, developed, neighborhood play area primarily for
use by preschool children under the supervision of parents or guardian.
E. Fee in lieu of common open space and improvements.
Where the Board of Supervisors agrees that, because of the size, shape,
location, access, topography or other physical features of the land,
it is impractical to dedicate land to the Township or set aside open
space area(s) or construct certain recreation facilities, the Board
of Supervisors shall require a payment of a fee in lieu of dedication
of such land and recreational facilities.
(1) The amount of the fee shall reflect the fair undeveloped
market value of the required common open space land plus the estimated
design and construction costs of the required recreational facilities.
(2) The land acquisition portion of the fee shall be equal
to the average fair market value per acre of the land being developed,
determined at the time of filing of the application for subdivision
approval, multiplied by the acreage of land that would have been required
for dedication or reservation. The design and construction cost of
the required recreational facilities shall be based on the design
and estimated construction costs of all of the required recreational
facilities, both active and passive, as set forth in this chapter,
and shall include all associated equipment, landscaping, parking and
access needs.
(3) Determination of the total fair market value of the
land shall be the responsibility of the applicant or applicant's agent
and shall result in a reasonable value acceptable to the Township.
Determination of the estimated design and construction cost of the
recreational facilities shall be the responsibility of the applicant
or applicant's agent and shall be acceptable to the Township.
(4) In the event the applicant or applicant's agent, upon agreement of the Township, selects a combination of payment of fee in lieu and the dedication of common open space, the amount of the fee in lieu shall be prorated with the value of land and improvements provided. The applicant or applicant's agent shall not, however, be permitted to dedicate or reserve land for common open space that does not meet the criteria set forth in §
425-503A and
B.
(5) Any such fees received by the Township in lieu of
common open space land shall be deposited in a special account to
be maintained by the Township and to be used for obtaining future
open space lands. All interest earned on this account shall become
funds of the account. Fees deposited to this account shall be administered
as required by Section 503(11) of the Pennsylvania Municipalities
Planning Code, as amended.
Subdivisions and land developments shall be
designed in a manner that preserves desirable natural and/or historic
features of a site wherever reasonably possible. These features shall
be protected during all phases of construction by fencing or other
means from the effects of construction equipment operation, grading,
and any other activity that could endanger the preserved features.
Features to be protected include, but are not limited to, the following:
B. Historic structures or sites.
C. Trees six inches or more in diameter at breast height
(DBH).
D. Woodlands, tree masses, hedgerows, or other significant
plant materials.
Applicants shall provide a reliable, safe and
adequate water supply to support the intended uses approved as part
of a development plan.
A. If water is to be provided by means other than private
wells owned and maintained by the individual owners of lots within
the subdivision or development, applicants shall present evidence
to the Board of Supervisors that the subdivision or development is
to be supplied by a certificated public utility, a bona fide cooperative
association of lot owners, or by a municipal corporation, authority
or utility. A copy of a certificate of public convenience from the
Pennsylvania Public Utility Commission or an application for such
certificate, or a cooperative agreement, or a commitment or agreement
to serve the area in question, whichever is appropriate, in a form
and manner acceptable to the Township Solicitor, shall be acceptable
evidence.
B. If private wells owned and maintained by the individual
owners of lots within the subdivision or development will be used,
applicants shall certify their adequacy, in writing, to the Board
of Supervisors, prior to obtaining building permits.
[Added 12-13-2005 by Ord. No. 2005-13]
A. Options for ownership and maintenance. The developer
shall have the following options for ownership, management and maintenance
of common elements, including, but not limited to, common open space,
recreation facilities, sewer, water, easements and stormwater management
facilities:
(1) Dedicate the land to the Township. The Township shall
have the first right to accept or refuse the land offered for dedication.
(2) Provide for private ownership. If the Township chooses
not to accept the land offered for dedication, the developer may,
with Township approval:
(a)
Retain ownership and responsibility for the
management and maintenance.
(b)
Dedicate the land to a homeowners' association
that includes all of the residents of the development.
(c)
Convey the land to a land trust or similar nonprofit
organization whose purpose is to hold property in perpetuity for preservation
purposes. Endowments for ongoing maintenance and other ownership expenses,
if required, shall be the sole responsibility of the developer.
(d)
Convey the land to another owner for such use(s)
that is compatible with preserving the open space characteristics
of the site, including, but not limited to, agricultural uses.
(e)
Pursue any other reasonable ownership possibility,
including a combination of options.
B. Criteria governing private ownership and maintenance
of common elements. Common elements, including, but not limited to,
open space, recreation facilities, sewer, water, easements and stormwater
management facilities that will not be publicly owned, shall be subject
to a form of ownership established in private agreements acceptable
to the Board of Supervisors, upon recommendation of the Township Solicitor.
Such private ownership, including, but not limited to, corporate,
individual, condominium, landlord, or fee-simple home or landowners'
association, shall be governed by the following:
(1) Access to and use of these common elements may be
restricted to the property owners or tenants within the development
and their guests, unless the Township accepts public dedication of
all or any part of any open space.
(2) Perpetual maintenance (including, but not limited
to, snow removal, correcting hazardous conditions, upkeep of stormwater
control facilities) shall be guaranteed by trust indenture or similar
instrument or by deeding the open space to a land trust or conservancy
or similar organization, as approved by the Board of Supervisors,
upon the recommendation of the Township Solicitor, which instrument
or deed shall be referenced on the final plan and:
(a)
Shall be recorded with the Montgomery County
Recorder of Deeds simultaneously with the final plan.
(b)
Shall restrict the common elements from development
by deed restriction, granting the Township the right to enforce the
restrictions.
(c)
Shall include provisions for:
[1]
Bonds posted by the developer to cover expenses
incurred before formation of a homeowners' association.
[2]
Adjustment of association fees to account for
inflation and increased costs.
[3]
A reserve fund to cover capital improvements
and/or unforeseen major maintenance requirements.
[4]
Funding of professional management, expert consultants,
and supplies.
[5]
Township review and approval of revisions to
any part at anytime.
(d)
Shall authorize the Township to maintain the
common elements and assess the private ownership 100% of such maintenance
or foreclose on said bonds or funds to cover said maintenance if private
ownership fails to function as required in the private agreement.
[1]
The Township may, at the discretion of the Board
of Supervisors, decide to relieve the private ownership organization
of some or all of its maintenance responsibilities in the event of
a functional failure that has or threatens to have undesirable impacts
on surrounding property owners or the general public.
[2]
The necessity for continued Township maintenance
shall be reviewed at a public hearing within one year of the Township
having assumed the responsibility, and if the private ownership is
demonstrated to have resumed the capability of maintenance, the responsibility
shall revert to the private ownership. If the private ownership cannot
demonstrate capability, a public hearing shall be held on an annual
basis until maintenance can be resumed by the private ownership or
until dedication of the common elements is accepted by the Township.
[3]
Any administrative, capital, labor or operating
costs incurred by the Township in assuming the maintenance responsibilities
of the private ownership organization shall be recoverable from the
owners of property, individually or collectively, in the subject development.
(3) Review of maintenance budget. At the time a preliminary
plan for subdivision or land development is submitted, the developer
shall submit to the Township a budget for the maintenance of open
space and reimburse the Township for the cost of a professional to
assess the budget for future adequacy.
(4) Specific regulations for homeowners' or condominium
associations. Common elements may be held by a homeowners' association,
formed and operated in accordance with the following provisions, or
a condominium association in compliance with the provisions of the
Pennsylvania Uniform Condominium Act:
(a)
Membership in the association is required for
all homeowners and their successors. Membership shares shall be clearly
defined in the association bylaws.
(b)
The developer shall provide a description of
the association, including its bylaws; declaration of covenants, easements,
and restrictions; and articles of incorporation.
(c)
Access to the common elements shall be granted
to all association members.
(d)
The homeowners' association declaration of covenants,
easements, and restrictions shall specifically define the rights of
the association to execute the following assessments. The assessment
process should ensure sufficient funds to permit the association to
meet all of its maintenance obligations. The process should also be
sufficient to raise funds to pay taxes.
[1]
Common expenses assessments (day-to-day operating
costs associated with common areas). The declaration should specify
the starting date and the developer's responsibility for payment of
common expense assessments.
[2]
Special assessments (unanticipated expenses).
[3]
Capital improvement assessments (planned major
expenditures for maintenance, repair, replacement or construction
of capital improvements to the common elements).
(e)
No lots or units may be sold within the development
until the developer has organized and financially subsidized operation
of the association and received approval of the association from the
Board of Supervisors.
(f)
The conditions, timing and mechanism for transferring
control of the association from the developer to the shareholders
of the association must be defined by the developer, subject to approval
by the Board of Supervisors.
(g)
The association shall be responsible for maintenance,
insurance and taxes on undivided open space, enforceable by liens
placed by the Township.
(h)
Members of the association shall share equitably
the costs of maintaining and developing all common elements. The association
bylaws must authorize the association to place liens on property of
members failing to meet their share of the financial obligation. If
the association fails to maintain the common elements, the Township
has the right to maintain the property and assess the association
to cover expenses. The Township's right to maintain common elements
shall commence during project construction.
(i)
In the event of a proposed transfer of common
elements (to the municipality, private conservation organization,
or private landowner) within the ownership methods permitted herein
or in the event of the assumption of maintenance of common elements
by the Township, notice of such action shall be given to all property
owners within the development.
(j)
The association shall provide adequate staff
to manage the common elements and properly and continually maintain
them.
(k)
The association shall be responsible for all
common elements, including, but not limited to, recreational, stormwater
management, and fire protection facilities, landscaping, private roads,
community sewage disposal systems, and community wells.
(l)
The developer shall provide homeowners with
a clear description of the rights and responsibilities of the association.
A descriptive brochure of this information shall be provided to all
homeowners at closing, subject to approval by the Township.
(5) Transfer of title to a private conservation organization.
When approved by the Board of Supervisors, the developer or association
may transfer title of all or part of the common elements to a private,
nonprofit organization whose purpose is to conserve open space and/or
natural resources, provided that:
(a)
The organization is acceptable to the Township
and is a bona fide conservation organization with the capability of
owning and maintaining the common facilities in compliance with this
chapter; and
(b)
The conveyance contains assurance for disposition of the common elements in the event that the organization becomes unwilling or unable to continue carrying out its functions. Such disposition may include reversion to the association, dedication to the Township, or transfer to another conservation organization in compliance with Subsection
B(5)(a) above.
(6) Conservation of open land:
(a)
All undedicated common open space shall be permanently
deed restricted from further subdivision and development. The deed
restriction shall be reviewed and approved as part of the subdivision
and land development process.
(b)
In addition, all undedicated common open space
shall be further restricted by the use of conservation easements,
subject to approval by the Board of Supervisors. Conservation easements
shall include at least two parties, consisting of the owner of the
land and one or more of the following:
[1]
The Township, county, or state.
[2]
The homeowners' association (if one exists).
[3]
A conservation or open-space-oriented organization,
including, but not limited to, the Conservancy of Montgomery County,
Montgomery County Lands Trust, Heritage Conservancy, Perkiomen Valley
Watershed Association, Natural Lands Trust, and Brandywine Conservancy.