A key concept associated with conservation subdivision design
is to focus on residential density instead of minimum lot size. In
a standard subdivision the land is simply cut into as many lots as
possible while meeting the minimum lot size requirement. Under conservation
design, which is based on unit density instead of minimum lot size,
the size of individual lots sold can vary in size, provided the total
number of lots does not exceed the density which is based on the underlying
minimum lot size. In conservation design, the maximum lot size is
the critical element, as it really defines the minimum open space
that must be conserved.
In conformance with the Pennsylvania Municipalities Planning
Code the purposes of this section, among others, are as follows:
A. To conserve open land, including those areas containing unique and
sensitive natural features such as woodlands, steep slopes, streams,
floodplain and wetlands.
B. To conserve areas critical to the visual integrity of the landscape
by setting them aside from development.
C. To conserve scenic views and elements of the landscape, and to minimize
perceived density, by minimizing views of new development from public
viewing points.
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 reduce erosion and sedimentation by the retention of existing
vegetation, and the minimization of development on steep slopes.
F. To provide for a diversity of lot sizes and housing choices at the
underlying zoning district density to accommodate a variety of age
and income groups, and residential preferences, so that the community's
population diversity may be maintained.
G. To implement adopted municipal policies to conserve a variety of
irreplaceable and environmentally sensitive resource lands as set
forth in the Township Comprehensive Plan.
H. To implement adopted land use, transportation, and community policies
as identified in the Township Comprehensive Plan.
I. To protect productive forest land in the Township for continued use
by conserving blocks of land large enough to allow for efficient forest
management operations.
J. To enable the creation of residential communities with direct visual
access to open land and amenities in the form of open space.
K. To provide for the conservation and maintenance of open land to achieve
the above-mentioned goals and for active or passive recreational use
by residents.
L. To provide multiple options for landowners in order to minimize impacts
on environmental resources and sensitive lands such as streams, water
bodies, wetlands, floodplain, and steep slopes, and minimize the disturbance
of natural or cultural features such as mature woodlands, hedgerows
and tree lines, critical wildlife habitats, historic buildings, and
fieldstone walls.
M. To provide standards reflecting the varying circumstances and interests
of individual landowners, and the individual characteristics of their
properties.
The design of all conservation subdivision design developments
shall be governed by the following minimum standards:
A. Ownership. The development tract shall be held in single ownership.
B. Primary conservation areas. The proposed design shall conserve the Primary Conservation Areas. Demonstration by the applicant that these features are conserved by the proposed design shall be prerequisite to all preliminary and final plan approvals under Chapter
153 (Subdivision and Land Development). Primary conservation areas include:
(2) Floodplain (including the floodway) as shown on the Township Flood
Insurance Rate Map.
(4) Streams and water bodies.
C. Secondary conservation areas. The protection of secondary conservation areas shall be addressed through the four-step design process detailed in Chapter
153 (Subdivision and Land Development).
The following uses shall be permitted in Option 1, Option 2
and Option 3 conservation subdivision design developments:
A. Single-family detached dwellings.
B. Two-family dwelling units, single-family attached units/townhouses,
quadruplexes and multifamily dwellings.
C. Conservation open space with the uses permitted by §
180-35.
D. No-impact home-based businesses and home occupations in accord with §
180-23E.
E. Accessory uses on the same lot with and in accord with applicable
district regulations.
Additional density may be permitted by the Board of Supervisors as a conditional use in accord with the following standards. The total for all bonuses shall not exceed 25% of the dwelling units permitted in §
180-32C or §
180-32D, as selected by the applicant.
A. Age-restricted dwelling units.
(1) Definition. A dwelling unit restricted to occupancy for at least
one person 55 years of age or older and with no person less than 19
years of age pursuant to the Housing for Older Persons Act of 1995, as may be amended. For the purposes of this chapter, such
dwelling unit is not located in a facility where health services are
provided to occupant(s) including, but not limited to, assisted living
facilities, continuing care retirement communities, skilled nursing
care facilities, intermediate care facilities, nursing and personal
care facilities, residential care facilities and convalescent homes.
(2) Bonus. For each age-restricted unit provided, one additional dwelling unit shall be permitted, up to a maximum increase of 15% over the maximum number of units permitted in §
180-32E(1).
B. Public usage of open space land.
(1) The Board of Supervisors may encourage the dedication of land for
public use (including active and passive recreation areas, municipal
buildings, etc.) according to the following standards: A density bonus
for greater public usage of open space land in new subdivisions shall
be computed on the basis of a maximum of one dwelling unit per five
acres of open space land or 2,500 feet of trail that becomes publicly
accessible (per 1,250 feet for paved trails). The decision whether
to accept an applicant's offer to dedicate open space land to
public usage within a proposed subdivision shall be at the discretion
of the Board of Supervisors, which shall be guided by the recommendations
contained in the Comprehensive Plan and Open Space and Recreation
Plan and the Official Map, particularly those sections dealing with
active recreational facilities and passive trail networks.
(2) When a density bonus is approved for the public purposes in this §
180-34, the required open space land may be reduced by up to 10% or the minimum lot area requirement may be reduced by up to 10%, or by a combination of these approaches, at the discretion of the Board of Supervisors if the Board is satisfied that the public purposes are being served.
C. Endowment for open space maintenance.
(1) Permanent fund. When open space land is to be donated to a land trust or to the Township, the Board of Supervisors may allow up to a ten-percent density bonus over the maximum number of units permitted in §§
180-32E(1) to generate additional income to the applicant for the sole purpose of endowing a permanent fund to offset continuing costs of maintaining the open space land (involving activities such as mowing meadows, removing invasive vines, paying insurance premiums and local taxes, etc.), including costs associated with active or passive recreation facilities. Spending from this fund should be restricted to expenditure of interest so that the principal may be preserved. Assuming an annual average interest rate of 5%, the amount designated for the Endowment Fund shall be at least 20 times the estimated annual maintenance costs. Such estimate shall be prepared by an agency, firm, or organization acceptable to the Board of Supervisors, and with experience in managing conservation land and recreational facilities.
(2) Cost estimate. When estimating the projected maintenance costs of
the open space land, open space land that is not accessible by the
subdivision residents for their common enjoyment need not be included
in the calculations. Such lands would typically include areas designated
on the final plan as land reserved for future agricultural, horticultural,
silvicultural, or equestrian uses, which may be leased or sold to
another party for those express purposes, and which is protected from
future development by a permanent conservation easement. In such cases,
the density bonus shall be adjusted proportionately to reflect only
the acreage that is accessible to residents for their passive or active
recreation.
The following uses are permitted in conservation open space
areas:
A. Open land. Conservation of open land in its natural state (for example,
woodland, fallow field, or managed meadow).
B. Agriculture and horticulture. Agricultural and horticultural uses,
including raising crops or livestock, wholesale nurseries, associated
buildings. Specifically excluded are dwellings, commercial livestock
operations involving swine, poultry, mink, and other animals likely
to produce highly offensive odors.
C. Horses. Pasture land for horses used solely for recreational purposes.
Equestrian facilities shall be permitted but may not consume more
than 50% of the minimum required conservation open space.
D. Forestry. Forestry in keeping with established best management practices for selective harvesting and sustained yield forestry as published by the Pennsylvania Bureau of Forestry and Chapter
106 (Forest Management).
E. Neighborhood open space. Uses such as village greens, commons, picnic
areas, community gardens, trails, and similar low-impact passive recreational.
F. Recreation. Active noncommercial recreation areas, such as playing
fields, playgrounds and bikeways, not requiring supporting structures.
Such recreational uses shall meet the following standards:
(1) Such areas shall not consume more than 50% of the minimum required
conservation open space or five acres, whichever is less. The five-acre
limit may be increased to 10 acres on development parcels 200 acres
or larger.
(2) Playing fields and playgrounds shall not be located within 100 feet
of the tract boundary or a dwelling unit within the development parcel.
(3) Minimum parking facilities for the same, as determined by the Board
of Supervisors, may also be permitted. Such lots may be paved with
gravel and shall be unlighted, properly drained and provide safe ingress
and egress.
G. Golf courses. Audubon International Signature Golf Courses and their
accessory facilities and parking areas, when permitted by the underlying
zoning district, may comprise up to 50% of the minimum ATA of the
required conservation open space. This use shall not include driving
ranges or miniature golf. The gross floor area devoted to sales of
golf equipment, clothing, food and other similar items shall not exceed
1,200 square feet. Accessory facilities and parking areas shall not
count toward the minimum conservation open space requirement.
H. Water; sewer; stormwater. Water supply systems, sewage disposal systems,
stormwater management systems and associated easements provided the
total area does not exceed 20% of the minimum ATA required in the
conservation open space. The following standards shall apply:
(1) Water supply systems.
(a)
Drainage easements for water lines may be counted toward the
minimum conservation open space requirement.
(b)
Land used for ground-level well structures and associated parking
exceeding 5,000 square feet shall not count toward the minimum conservation
open space requirement.
(2) Sewage disposal systems.
(a)
Sewage treatment lagoons, structures, structure access areas
and parking lots shall not count toward the conservation open space
requirement.
(b)
Soil absorption areas shall be appropriate for active or passive
recreation.
(c)
Sewage disposal areas in conservation open space shall be appropriate
for active or passive recreation or shall be managed as meadows or
forests; and may be counted toward the minimum conservation open space
requirements.
(d)
Absorption fields serving individual dwelling units may be located
in the conservation open space, but individual treatment tanks shall
be located within the lots they serve.
(e)
Each proposed absorption field area located in the conservation
open space shall be situated in the closest proximity to the lot served.
(f)
The responsibility for the maintenance of any individual absorption
system shall be clearly defined including adequate surety, and an
easement for the installation and maintenance of any such system shall
be provided.
(g)
Drainage easements for sewer lines may be counted toward the
minimum conservation open space requirement.
(3) Stormwater management systems. The following stormwater management
practices may be counted toward the minimum conservation open space
requirement, provided they meet the guidelines in the Pennsylvania
Stormwater Best Management Practices Manual:
(a)
Infiltration basin, provided the berms do not exceed 36 inches
in height;
(b)
Subsurface infiltration bed;
(f)
Infiltration berm, provided the berm does not exceed 24 inches
in height.
I. Easements. Easements for drainage, access, sewer or water lines,
or other public purposes.
J. Utility rights-of-way. Underground utility rights-of-way. Aboveground
utility and street rights-of-way may traverse conservation areas but
shall not count toward the minimum required conservation open space.
If a subdivision includes a minimum of 250 dwelling units, then
as a conditional use, a maximum of two acres within the subdivision
may be used for retail businesses and service establishments meeting
the requirements of the C District. The applicant shall prove to the
Board of Supervisors that the commercial development has been designed
and located with traffic access that is fully coordinated with the
residential development and with adjacent development.
Where permitted by the Schedule of Uses, two-family dwellings shall comply with the requirements of this §
180-49 and other applicable standards in this chapter.
A. Common property line. In cases where a two-family dwelling is a duplex involving a common (i.e., party) wall and common property line, said wall shall be located on the common property line separating the adjoining lots. The area of each lot shall not be less than 50% of the minimum lot size required in Part
1 of the Schedule of Development Standards in Article IV and minimum lot dimensions shall comply with Part
2 of the Schedule of Development Standards in Article IV.
B. Single parcel. In cases where the two-family dwelling consists of two dwelling units constructed with one unit located on the second floor above a first floor dwelling unit or is a duplex involving a common (i.e., party) wall, the lot size shall comply with Part
1 of the Schedule of Development Standards in Article IV and minimum lot dimensions shall comply with Part
2 of the Schedule of Development Standards in Article IV. If such a two-family dwelling is proposed on two or more separate lots of record, said lots shall be combined into one lot prior to the issuance of a zoning permit.
Multifamily dwellings are permitted in certain districts in
order to provide the opportunity for the development of a variety
of housing types in the Township.
A. Project design process and procedure.
(1) Subdivision and land development. Multifamily projects shall also be subject to Chapter
153 (Subdivision and Land Development).
(2) Four-step design; density.
(a)
Four-step design. All multifamily projects shall be designed using the four-step process for conservation design development detailed in Chapter
153 (Subdivision and Land Development).
(b)
Density. The number of dwelling units permitted shall be determined in accord with the adjusted tract area approach requirements for conservation design developments in §
180-32C and the density factor in the Multifamily Dwelling Standards Table.
(3) Site plan. A proposed site plan showing all necessary information
to include at a minimum, location of all buildings and improvements
including roads, parking areas, planting strips, signs, overall grading
plan with storm drainage facilities, water supply and distribution
systems, sewage treatment and collection systems and the specific
areas provided as open space pursuant to the requirements of this
chapter. Building layouts, floor plans and profiles shall also be
provided indicating building dimensions, numbers, and sizes of units,
common ownership or use areas, lighting and such other information
as shall be required to determine compliance with the design standards
contained herein and any other building standards which may be applicable
in the Township. Setbacks from property lines, improvements, and other
buildings shall also be specifically shown.
(4) Open space.
(a)
Minimum requirement. The development shall include as conservation open space at least 30% of the adjusted tract area plus all of the primary conservation areas in §
180-30B.
(b)
Standards. Open space areas shall meet the standards of §
180-35 and §
180-36 shall be preserved to the maximum extent possible in accord with a schedule or plan, and proposed agreement(s) either with the Township or a property owners' association, for the purpose of preserving the open space in accord with Chapter
153 (Subdivision and Land Development).
B. Bulk and density standards; parcel configuration. The bulk and density
factors listed in the Multifamily Dwelling Standards Table shall apply
to multifamily dwellings and projects without the application of any
density bonuses. All land proposed for a particular multifamily dwelling
project shall be part of the same parcel and contiguous.
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Multifamily Dwelling Standards
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Project Standards
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Quadraplexes
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Townhouses
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Garden Apartments
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Apartment Buildings
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Minimum size for project parcel (acres)
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2
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2
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2
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2
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Density: number of dwelling units per acre of useable land area (See § 180-32C for adjusted tract area)
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6
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6
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10
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10
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Maximum number of dwelling units per building
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2
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6
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8
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10
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Maximum building height (feet)
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Same as the zoning district
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Maximum lot coverage (percent)
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Applicable to overall project site, not individual lots; see § 180-50A(4)
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C. Design criteria. The following design criteria shall apply to multifamily
projects:
(1) Setbacks. No structure in a multifamily dwelling project shall be
constructed within 20 feet of the edge of the shoulder of any access
drive (without a designated right-of-way) to or through the development
or within 10 feet of any parking area. Setbacks of multifamily project
buildings from access roads through the project shall meet these minimums;
however, setbacks of adjacent buildings shall be varied so that adjacent
buildings have a setback variation of not less than five feet. A setback
of 50 feet for any structure shall be maintained from all existing
or proposed public or private road rights-of-way and the boundary
line of the entire project parcel.
(2) Road standards. Access roads through the development shall comply with the street requirements of Chapter
153 (Subdivision and Land Development). Direct access of individual parking spaces to a road shall not be permitted, and any such access drive shall remain private.
(3) Building separation. All principal multifamily structures shall be
separated by a distance as may be required by any applicable building
code, but in no case less than 20 feet.
(4) Landscaped buffers. Buffers shall be provided in accord with the landscaping requirements of Chapter
153 (Subdivision and Land Development).
(5) Pedestrian access. Walkways of such design and construction as approved by the Township shall be provided from all buildings and/or units to their respective parking area and shall meet the requirements for sidewalks as set forth in Chapter
153 (Subdivision and Land Development).
(6) Trash storage. Exterior storage areas for trash and rubbish shall
be screened from public view and shall be contained in covered, vermin-proof
containers. Interior storage areas for trash shall at all times be
kept in an orderly and sanitary fashion.
(7) Architectural renderings. Preliminary architectural renderings, models
or photos for multifamily dwelling projects shall be provided at the
time of submission of the conditional use application. The exterior
appearance of the building(s) shall be unified in type, design, and
exterior wall treatment, and so constructed and maintained, in order
to retain the residential character of the neighborhood. Fire escapes,
when required, shall be in the rear of the building and shall not
be located on any wall facing a street unless any building, fire or
other code so requires.
(8) Single-family attached/townhouses; facade changes. A minimum of two
changes in the front wall plane with a minimum offset of four feet
shall be provided for every attached grouping of townhouses in one
building. This can be met by varying setbacks among different dwellings
or varying setbacks along the front of a dwelling, or dwellings set
back farther than attached private garages.
D. Nonresidential use. Nonresidential uses and home occupations which
employ other than unit residents shall not be permitted in a multifamily
dwelling. Such ancillary facilities as laundry areas, service buildings,
recreational facilities and the like for the use of the residents
of the project shall be permitted.
E. Common property ownership and maintenance. In cases where the ownership of common property is involved, evidence of arrangements for the continuous ownership and maintenance of same shall be provided by the developer for approval by the Township in accord with Chapter
153 (Subdivision and Land Development). The developer shall also submit evidence of compliance with the Pennsylvania Condominium Law or an attorney's opinion that said law does not apply
to the subject project.
F. Water supply and sewage disposal. All multifamily dwelling projects
shall be served by an off-site water supply and an off-site sewage
disposal system.
G. Lighting. Lighting shall be provided sufficient in number and intensity
to provide for the safe movement of vehicles and pedestrians. Lighting
shall not reflect toward public streets or cause any annoyance to
surrounding properties.
Any conversion of a building to multifamily or two-family dwelling
units shall be permitted only within a district in which a new building
for similar occupancy would be permitted under this chapter, and only
when the resulting occupancy will comply with the requirements governing
new construction in such district with respect to dwelling unit density,
living space, lot coverage, dimensions of setbacks and other open
spaces, off-street parking, and other applicable standards.
Group homes shall be permitted in any lawful single-family dwelling unit in accord with the Schedule of Uses, this §
180-54 and other applicable standards of this chapter.
A. Supervision. There shall be adequate supervision as needed by an
adequate number of person(s) trained in the field for which the group
home is intended.
B. Certification. The use shall be licensed or certified under an applicable
county, state or federal program for group housing, if applicable.
A copy of any such license or certification shall be filed with the
Township, and shall be required to be shown to the Zoning Officer
in the future upon request. The group home shall notify the Township
within 14 days if there is a change in the type of clients, the sponsoring
agency, the maximum number of residents or if an applicable certification/license
expires, is suspended or is withdrawn.
C. Registration. The group home shall register its location, general
type of treatment/care, maximum number of residents and sponsoring
agency with the Zoning Officer. Such information shall be available
for public review upon request.
D. Counseling. Any medical or counseling services provided on the lot
shall be limited to residents and a maximum of three nonresidents
per day.
E. Parking. One off-street parking space shall be provided for each employee on duty at any one time, and every two residents of a type reasonably expected to be capable of driving a vehicle. Off-street parking areas of more than five spaces shall be buffered from adjacent existing single-family dwellings by a planting screen meeting the requirements of §
180-60 and §
180-61.
F. Appearance. If the group home is within a residential district, the
building shall be maintained and/or constructed to ensure that it
is closely similar in appearance, condition and character to the other
residential structures in the area. No exterior signs shall identify
the type of use.
G. Bulk and density. The construction of new group homes shall comply
with the minimum lot size and other bulk and density requirements
applicable to single-family residential dwellings, and shall not be
permitted on lots of nonconforming size.
H. Water supply and sewage disposal. Documentation of a water supply
and sewage disposal system meeting Township and DEP requirements shall
be provided.
I. Number of residents. A maximum of eight persons shall reside in a
group home, including the maximum number of employees/supervisors
and/or care providers routinely in the group home at any point in
time.
J. Visitors. Employees of the group home shall be prohibited from having
visitors on the premises, except for visitation necessary for the
operation of the group home and except for emergencies.
A boarding house shall have no more than four rooms of the residence used for rooming or boarding with not more than two people per room. All setback requirements for the district in which the property is located shall be maintained and off-street parking shall be provided in accord with §
180-24. In outward appearance, the boarding house shall be consistent with the character of other residences in the immediate area.