A. 
For the purpose of this chapter, Chestnuthill Township is hereby divided into the following zoning districts, with the following abbreviations:
[Amended 4-17-2007 by Ord. No. 2007-01]
CR
Conservation Residential District
RR
Rural Residential District
R-1
Low Density Residential District
R-2
Medium Low Density Residential District
R-3
Medium High Density Residential District
R-S
Special Residential District
VC
Village Commercial/Residential District
GC
General Commercial District
LIC
Light Industrial/Commercial District
GI
General Industrial District
BP
Business Park Overlay District
I
Institutional District
B. 
For the purposes of this chapter, the zoning districts named in Subsection A shall be of the number, size, shape and location shown on the Official Zoning Map.[1] Any use of the abbreviations listed in Subsection A shall mean the district name that is listed beside the abbreviation.
[1]
Editor's Note: The Official Zoning Map is included as an attachment to this chapter.
C. 
Overlay districts.
(1) 
Floodplain Overlay District. The floodplain area, as defined by Article V, shall serve as an overlay district to the applicable underlying district.
(2) 
The Conservation Subdivision Design Overlay District is hereby created to promote the conservation of open lands in the Township. The district shall apply in CR, RR, R-1, R-2 and R-3 Districts and in addition to all the applicable standards of this chapter, the requirements of § 119-38 shall apply.
D. 
Purposes of each district. In addition to serving the overall purposes of this chapter, the specific purposes of each zoning district are summarized below:
(1) 
CR Conservation Residential District. To provide for very low-intensity development in areas with significant important natural features, such as wetlands, flood-prone lands and very steeply sloped areas. To protect the water quality and habitats along creeks, and promote groundwater recharge. To recognize that certain of these areas do not have sufficient road access for intense development. To provide a certain amount of flexibility in lot layout through conservation design so that development can be clustered on the most suitable portions of a tract of land. To encourage the voluntary transfer of density from these areas to areas that are suitable for more intense development.
[Amended 4-23-2015 by Ord. No. 2015-04]
(2) 
RR Rural Residential District. To provide for low-intensity development in areas that are unlikely to ever be served by public water and sewage services. To recognize that many of these areas include sensitive natural features, particularly steep slopes and wetlands. To protect the water quality and habitats along creeks, and promote groundwater recharge. To provide a certain amount of flexibility in lot layout through conservation design so that development can be clustered on the most suitable portions of a tract of land. To encourage the voluntary transfer of density from these areas to areas that are suitable for more intense development.
[Amended 4-23-2015 by Ord. No. 2015-04]
(3) 
R-1 Low Density Residential District. To provide for low density residential neighborhoods that are primarily composed of single-family detached dwellings. To protect these areas from incompatible uses.
(4) 
R-2 Medium Low Density Residential District. To provide for medium low density residential neighborhoods. To protect these areas from incompatible uses. To encourage "one home, one lot" development in order to promote home ownership and neighborhood stability. To make sure that "infill" development is consistent with neighboring development.
(5) 
R-3 Medium Density Residential District. To provide for medium density residential neighborhoods with a mix of housing types. To protect these areas from incompatible uses. To meet requirements of state law to provide opportunities for mobile home parks, in addition to other housing types. To make sure that these uses are compatible with adjacent uses.
[Amended 5-1-2014 by Ord. No. 2014-01]
(6) 
R-S Special Residential District. See § 119-29A.
(7) 
VC Village Commercial/Residential District. To preserve the historic character of the older villages of the Township. To promote an appropriate mix of retail, service, office, public, institutional and residential uses. To avoid heavy commercial uses that are most likely to conflict with the historic character, and which are most likely to cause demolition of historic buildings. To primarily provide for smaller-scale uses that utilize existing historic buildings, as opposed to uses that would involve substantial demolition. To avoid heavy commercial uses that would be incompatible with nearby homes. To promote uses that will provide a pedestrian-orientation and that promote bicycling. To seek to extend the best features of older development into newer development.
(8) 
GC General Commercial District. To provide for a variety of commercial uses in areas that have few historic buildings and that include few homes. To provide for uses that are more auto-related (such as car washes and gas stations) than uses allowed in the VC district. To carefully locate commercial areas and commercial driveways to minimize traffic safety and congestion problems along major roads.
(9) 
LIC Light Industrial/Commercial District. To provide for light industrial, office and commercial development in a manner that is compatible with any nearby homes. To carefully control the types of industrial operations to avoid nuisances (such as excessive noise) and hazards. To avoid residential uses that would conflict with industries. To encourage coordinated development, particularly in regard to traffic access.
(10) 
GI General Industrial District. To meet requirements of state law to provide opportunities for a wide range of business uses. To carefully control industrial uses to avoid significant nuisances and hazards, particularly to neighboring residences.
(11) 
BP Business Park Overlay District. To provide an optional type of development if an applicant submits a proposal for a fully unified development tract. To provide for light industrial, office and some related commercial development in a manner that is compatible with any nearby homes. To carefully control the types of industrial operations to avoid nuisances (such as excessive noise) and hazards. To encourage coordinated development, particularly in regard to traffic access, with use of interior roads.
(12) 
I Institutional District. To establish areas for both public and private institutional uses, such as schools, recreation facilities, hospitals, public buildings and similar uses where such uses are not intermingled with residential development. To provide performance standards specific to such institutional uses while affording protection to adjoining uses.
[Added 4-17-2007 by Ord. No. 2007-01]
A. 
The regulations set by this chapter shall apply uniformly to each class or kind of structure or land, except as provided for in this chapter.
B. 
No structure shall hereafter be erected, used, constructed, reconstructed, structurally altered or occupied and no land shall hereafter be used, developed or occupied unless it is in conformity with the regulations herein specified for the use and district in which it is located.
C. 
No setback or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Setbacks or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
[Amended 5-1-2014 by Ord. No. 2014-01]
D. 
Boundary change. Any territory which may hereafter become part of the Township through annexation or a boundary adjustment shall be classified as the RR Zoning District of Chestnuthill Township until or unless such territory is otherwise classified by Board of Supervisors.
A. 
A map entitled "Chestnuthill Township Zoning Map" accompanies this chapter and is declared a part of this chapter. The Official Zoning Map, which should bear the adoption date of this chapter and the words "Official Zoning Map," shall be retained in the Township Building.
B. 
Map changes. Changes to the boundaries and districts of the Official Zoning Map shall only be made in conformity with the amendment procedures specified in the Pennsylvania Municipalities Planning Code. All changes should be noted by date with a brief description of the nature of the change, either on the map or within an appendix to this chapter.
C. 
Replacement map. If the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of changes and additions, or needs to have drafting errors or omissions corrected, Township Supervisors may, by resolution, adopt a new copy of the Official Zoning Map which shall supersede the prior Official Zoning Map. Unless the prior Official Zoning Map has been lost or has been totally destroyed, the prior map or any remaining parts shall be preserved together with all available records pertaining to its previous adoption or amendment.
The following rules shall apply where uncertainty exists as to boundaries of any district as shown on the Zoning Map:[1]
A. 
District boundary lines are intended to follow or be parallel to the center line of street rights-of-way, streams and railroads, and lot lines as they existed on a recorded deed or plan of record in the County Recorder of Deeds' office at the time of the adoption of this chapter, unless such district boundary lines are fixed by dimensions as shown on the Official Zoning Map.
B. 
Where a district boundary is not fixed by dimensions and where it approximately follows lot lines, such boundary shall be construed to follow such lot lines unless specifically shown otherwise.
C. 
The location of a district boundary on unsubdivided land or where a district boundary divides a lot shall be determined by the use of the scale appearing on the Zoning Map unless indicated otherwise by dimensions.
D. 
Where a municipal boundary divides a lot, the minimum lot area shall be regulated by the municipality in which the principal use(s) are located, unless otherwise provided by applicable case law. The land area within each municipality shall be regulated by the use regulations and other applicable regulations of each municipality.
[1]
Editor's Note: The Official Zoning Map is included as an attachment to this chapter.
A. 
Intent: to continue the objective of compatible land uses across municipal boundaries.
B. 
This chapter requires additional setbacks and the provision of buffer yards when certain uses would abut an existing dwelling or a residential zoning district.
C. 
These same additional setback and buffer yard provisions shall be provided by uses proposed within Chestnuthill Township regardless of whether such abutting existing dwelling or principally residential zoning district is located in an abutting municipality and/or in Chestnuthill Township.
A. 
For the purposes of this § 119-27, the following abbreviations shall have the following meanings:
P
=
Permitted by right (zoning decision by Zoning Officer).
SE
=
Special exception use (zoning decision by Zoning Hearing Board).
C
=
Conditional use (zoning decision by Board of Supervisors).
N
=
Not permitted.
(§ 119-40)
=
See additional requirements in § 119-40.
(§ 119-41)
=
See additional requirements in § 119-41.
B. 
Permitted uses.
(1) 
Unless otherwise provided by state or federal law or specifically stated in this chapter (including § 119-6B), any land or structure shall only be used or occupied for a use specifically listed in this chapter as permitted in the zoning district where the land or structure is located. Such uses shall only be permitted if the use complies with all other requirements of this chapter.
(2) 
This table is divided into two sections:
(a) 
Primarily residential districts; and
(b) 
Primarily nonresidential districts.
(3) 
See § 119-6B which generally provides a process for approval of a use that is not listed, based upon similarity to permitted uses and other criteria. Except as provided in such § 119-6B, any other principal use that is not specifically listed as P or SE in the applicable district in this table is prohibited in that district.
(4) 
For temporary uses, see § 119-3.
(5) 
Standard subdivisions are permitted on any size parcel of land in the zoning districts stipulated in this § 119-27 and in accord with the dimensional requirements of § 119-28. See the definition of "lot area" in § 119-21 which requires the deduction of certain areas of constrained land for the calculation of lot area in standard subdivisions not using conservation design. Conservation subdivisions are permitted on any parcel of land six acres or more in the zoning districts stipulated in § 119-27 and in accord with § 119-38.
[Amended 4-23-2015 by Ord. No. 2015-04]
C. 
Permitted accessory uses in all districts. An accessory use of a dwelling is only permitted if such use is customarily incidental to the residential use and is specifically permitted by this chapter. The following are permitted by right as accessory uses to a lawful principal use in all districts, within the requirements of § 119-41 and all other requirements of this chapter:
(1) 
Standard antennas, including antennas used by contractors to communicate with their own vehicles. (Note: See standard in § 119-41.)
(2) 
Fence or wall. (Note: See standard in § 119-41.)
(3) 
Garage, household.
(4) 
Garage sale. (Note: See standard in § 119-41.)
(5) 
Pets, keeping of. (Note: See standard in § 119-41.)
(6) 
Parking or loading, off-street, only to serve a use that is permitted in that district.
(7) 
Recreational facilities, limited to use by residents of a development or students at a primary or secondary school or center for the care and treatment of youth, and their occasional invited guests.
(8) 
Residential accessory structure (see definition in Article II). (Note: See standard in § 119-41.)
(9) 
Signs, as permitted by Article VII.
(10) 
Swimming pool, household. (Note: See standard in § 119-41.)
(11) 
Such other accessory use or structure that the applicant proves to the satisfaction of the Zoning Officer is clearly customary and incidental to a permitted by right, special exception or conditional principal use.
(12) 
Accessory solar collectors meeting § 119-41.
[Added 5-1-2014 by Ord. No. 2014-01]
(13) 
Accessory wind turbine generators meeting § 119-41.
[Added 5-1-2014 by Ord. No. 2014-01]
D. 
Permitted accessory uses to business and institutional uses. The following are permitted by right accessory uses only to a permitted by right, special exception or conditional commercial, industrial or institutional use, provided that all requirements of this chapter are met:
(1) 
Storage of fuels for on-site use or to fuel company vehicles.
(2) 
The following accessory uses, provided that the use is clearly limited to employees, patients, residents and families of employees of the use and their occasional invited guests:
(a) 
Internal cafeteria without drive-through service;
(b) 
Day-care center; or
(c) 
Recreational facilities.
(3) 
Bus shelters.
[Amended 4-23-2015 by Ord. No. 2015-04]
(4) 
Automatic transaction machine.
(5) 
Storage sheds meeting the requirements of § 119-28A.
E. 
Intermunicipal cooperation.
[Added 5-1-2014 by Ord. No. 2014-01]
(1) 
Regional Comprehensive Plan. This chapter is enacted in accord with an intergovernmental cooperation agreement adopted by Chestnuthill Township and other participating municipalities, herein referred to as the "Planning Region," to implement the Regional Comprehensive Plan. The adopted Regional Comprehensive Plan includes a Future Land Use Map which identifies what future land uses would be most appropriate throughout the region and at what density. Future land use recommendations are based on a variety of factors: the patterns of development and existing conditions within the municipalities; the anticipated path of future growth in the region; existing environmental conditions and natural resources; capacity of public facilities and infrastructure; and goals of the Monroe County Comprehensive Plan.
(2) 
Regional approach. The Zoning Ordinances and Zoning Maps adopted by the participating municipalities provide for a variety of housing types and densities and accommodate all categories of land uses within the Planning Region and are consistent with the Regional Comprehensive Plan.
(3) 
Pennsylvania Municipalities Planning Code. This is consistent with Sections 916.1, 1006-A(b.1) and 1105 of the Pennsylvania Municipalities Planning Code. Section 1006-A(b.1) states: "Where municipalities have adopted a multimunicipal comprehensive plan pursuant to Article XI but have not adopted a joint municipal ordinance pursuant to Article VIII-A and all municipalities participating in the multimunicipal comprehensive plan have adopted and are administrating zoning ordinances generally consistent with the provisions of the multimunicipal comprehensive plan, and a challenge is brought to the validity of a zoning ordinance of a participating municipality involving a proposed use, then the court shall consider the availability of uses under zoning ordinances within the municipalities participating in the multimunicipal comprehensive plan within a reasonable geographic area and shall not limit its consideration to the application of the zoning ordinance on the municipality whose zoning ordinance is being challenged."
(4) 
Regional uses. The uses listed in the Regional Uses Table are available within the Planning Region as provided by the Pennsylvania Municipalities Planning Code.
[Amended 4-23-2015 by Ord. No. 2015-04]
REGIONAL USES
Land Use
Zoning District Allowed
Chestnuthill
Jackson
Eldred
Ross
Polk
Adult business
Not permitted
I
Not permitted
Not permitted
Not permitted
Agriculture products processing
Not permitted
I
Not permitted
Not permitted
I
Animal shelters
Not permitted
Not permitted
Not permitted
GC
C
Bulk fuel storage facility
Not permitted
I
I
Not permitted
I
Concentrated animal feeding operation
Not permitted
Not permitted
Not permitted
RR
RR
Correctional facility
Not permitted
Not permitted
Not permitted
GC
Not permitted
Distribution center/truck terminal
Not permitted
I
Not permitted
GC
Not permitted
Flea market, outdoor
VC, GC
Not permitted
Not permitted
GC
C
Industrial wastewater treatment facility
Not permitted
I
Not permitted
Not permitted
Not permitted
Industry
Not permitted
I
I
Not permitted
I
Junkyard
Not permitted
Not permitted
Not permitted
RR
Not permitted
Kennel
Not permitted
Not permitted
RR
Not permitted
C
Mineral processing
Not permitted
I
I
Not permitted
Not permitted
Mobile home park
R-3
Not permitted
Not permitted
R-2
R-2
Pipeline compressor station, metering station or operation/ maintenance facilities
LIC, GI
I
Not permitted
GC
Not permitted
Power plant
Not permitted
I
Not permitted
Not permitted
Not permitted
Racetrack
Not permitted
Not permitted
RR
GC
Not permitted
Recycling facility
GI
I
I
Not permitted
Not permitted
Resource recovery facility
Not permitted
I
Not permitted
Not permitted
Not permitted
Retail/ commercial development, large-scale
VC, GC, LIC*
C
C
GC
C
Shooting range, outdoor commercial
RR
Not permitted
Not permitted
RR
Not permitted
Solid waste landfill
Not permitted
Not permitted
Not permitted
RR
Not permitted
Solid waste facility
Not permitted
I
Not permitted
Not permitted
Not permitted
Travel plaza
Not permitted
C
Not permitted
GC
Not permitted
Wind energy facility, commercial
Not permitted
Not permitted
RR
RR
Not permitted
Zoo or menagerie
Not permitted
RC
Not permitted
Not permitted
Not permitted
*See the Table of Permitted Uses (119 Attachment 2) for compliance requirements.
Chestnuthill Township
Eldred Township
Polk Township
RR - Rural Residential
RR - Rural Resource
RR - Rural Residential
R-3 - Medium High Density
C - Commercial
R-1 - Rural Residential
Residential
I - Industrial
R-2 - Rural/Village Residential
VC - Village
Jackson Township
R-3 - Village Center District
Commercial/Residential
RC - Recreation Commercial
C - Commercial District
GC - General Commercial
C - Commercial
I - Industrial District
GI - General Industrial
I - Industrial
LIC - Light Industrial/Commercial
Ross Township
RR - Rural Residential
R-2 - Medium Density Residential
GC - General Commercial
F. 
Developments of regional significance.
[Added 5-1-2014 by Ord. No. 2014-01]
(1) 
All subdivision and/or land development classified by intergovernmental agreement as having regional significance shall be brought before the Regional Planning Committee for review and comment. A development of regional significance shall be defined per Section 107 of the Pennsylvania Municipalities Planning Code[2] as "any land development that, because of its character, magnitude, or location, will have substantial effect upon the health, safety, or welfare of citizens in more than one municipality." Determination of regional significance in the Planning Region shall be based on the following guidelines:
[Amended 4-23-2015 by Ord. No. 2015-04]
Type of Development
Threshold
Adult business
New facility or expansion of use of existing facility by 50% or more; and located within 1/2 mile of a jurisdictional boundary
Airports and heliports
Any new airport with a paved runway; or runway additions of more than 25% of existing runway length or within 1/2 mile of a jurisdictional boundary
Commercial (including retail, mixed-commercial and office centers) not classified below
Greater than 150,000 square feet; or 75,000 square feet if within 1/2 mile of a jurisdictional boundary
Concentrated animal feeding operations (CAFO)
New facility or expansion of existing facility by more than 50% or within 1/2 mile of a jurisdictional boundary
Fuel storage facilities
Storage capacity greater than 75,000 gallons if within 1,000 feet of any water supply; otherwise, storage capacity greater than 150,000 gallons; and located within 1/2 mile of a jurisdictional boundary
Gambling/betting facilities
New facility or expansion of existing facility by more than 50% or within 1/2 mile of a jurisdictional boundary
Hospitals and other major medical centers
New facility or expansion of use of an existing facility by 50% or more and within 1/2 mile of a jurisdictional boundary
Housing
Housing developments (single-family, two-family or multifamily) if in excess of 50 or more dwelling units, or resulting in the development of 25 dwelling units or more and within 1,000 feet of the Township boundary line.
Industrial facilities
New facility or expansion of use of an existing facility by 50% or more or within 1/2 mile of a jurisdictional boundary
Infrastructure projects
Infrastructure projects within 1/2 mile of adjoining municipal boundaries; projects outside 1/2 mile may be reviewed on a discretionary basis as desired by the host municipality
Intermodal terminals (intermodal-facility or system that transfers people, goods, or information between 2 or more transport modes or networks between an origin and destination)
New facility or expansion of existing facility by more than 50% or within 1/2 mile of a jurisdictional boundary
Kennels
New facility or expansion of existing facility by more than 50% and within 1/2 mile of a jurisdictional boundary
Lodging facilities
Greater than 150 rooms and within 1/2 mile of a jurisdictional boundary
Mineral extraction or mineral processing
New facility or expansion of existing facility by more than 50% and located within 1/2 mile of a jurisdictional boundary
Mixed residential and nonresidential uses
Greater than 150,000 square feet; or 75,000 square feet if within 1/2 mile of a jurisdictional boundary
Schools/colleges
New facility with a capacity of more than 750 students, or expansion by at least 25% of capacity and within 1/2 mile of a jurisdictional boundary
Solid waste facilities
New facility or expansion of use of an existing facility by 50% or more
Sports complexes, attractions and regional recreational facilities
New facility or expansion of use of an existing facility by 50% or more; or located within 1/2 mile of a jurisdictional boundary
Truck terminals
A new facility with more than 3 diesel fuel pumps; or containing 1/2 acre of truck parking or 10 truck parking spaces; and within 1/2 mile of a jurisdictional boundary
Wastewater treatment facilities
New facility or expansion of existing facility by more than 50% and located within 1 mile of a jurisdictional boundary
Water supply (quantity or quality) intakes/reservoirs
New facilities or expansion of use by 50% or more and within 1/2 mile of a jurisdictional boundary
Wholesale or distribution facilities
Greater than 100,000 square feet or expansion of an existing use by 50% or more and within 1/2 mile of a jurisdictional boundary
Any other land development types not identified above (includes parking facilities)
Generate new vehicle trips in excess of 1,000 average daily trips (ADT) or has the potential to generate adverse environmental or human impacts, stormwater runoff, wastewater collection or treatment and within 1/2 mile of a jurisdictional boundary
[2]
Editor's Note: See 53 P.S. § 10107.
[1]
Editor's Note: The Table of Permitted Uses is included as an attachment to this chapter.
A. 
Area, setback and building requirements.
[Amended 4-23-2015 by Ord. No. 2015-04]
(1) 
The following area, setback and building requirements[1] shall apply for the specified zoning district, unless a more-restrictive requirement for a specific use is required by § 119-40 or 119-41 or another section of this chapter. All measurements shall be in feet unless otherwise stated. See definitions of terms (such as "lot width") in § 119-21.
[Amended 5-1-2014 by Ord. No. 2014-01]
[1]
Editor's Note: The Table of Area, Setback and Building Requirements is included as an attachment to this chapter.
(2) 
Standard subdivisions are permitted on any size parcel of land in the zoning districts stipulated in § 119-27 and in accord with the dimensional requirements of this § 119-28. See the definition of "lot area" in § 119-21 which requires the deduction of certain areas of constrained land for the calculation of lot area in standard subdivisions not using conservation design. Conservation subdivisions are permitted on any parcel of land six acres or more in the zoning districts stipulated in § 119-27 and in accord with § 119-38.
[Amended 4-23-2015 by Ord. No. 2015-04]
B. 
Height. Except as provided in § 119-70 and Subsection B(3) below, or as specified otherwise in this chapter for a particular use, the following maximum structure height shall apply in all zoning districts:
[Amended 4-17-2007 by Ord. No. 2007-01]
(1) 
Any structure that is accessory to a dwelling on a lot of less than five acres shall have a maximum height of 1.5 stories (with the half-story limited to nonhabitable storage areas) or 25 feet, whichever is more restrictive; and
(2) 
The maximum height for any other structure shall be 2.5 stories or 40 feet, whichever is more restrictive.
(3) 
In the Institutional District the maximum height of principal structures shall not exceed 3.0 stories or 40 feet, whichever is more restrictive. Structure height may be increased to 45 feet where the space which comprises the additional height is not intended for human occupancy. (e.g., auditoriums, gymnasiums, and field houses.)
C. 
Accessory structures and uses.
[Amended 5-1-2014 by Ord. No. 2014-01]
(1) 
Accessory structures and uses shall meet the minimum setbacks provided for in Subsection A, unless otherwise provided for in this chapter, including this Subsection C.
(2) 
An eight-foot-wide minimum side and rear setback shall apply for a permitted detached structure that is accessory to a dwelling, except:
(a) 
The minimum side and rear setback may be reduced to three feet for a residential accessory storage shed having a total floor area of less than 150 square feet.
(b) 
No setback is required for a structure that is accessory to a dwelling from a lot line along which two dwellings are attached (such as a lot line shared by twin dwellings).
(c) 
A residential porch or wood deck that is open along sides not attached to the principal building may extend into a required setback. However, a raised wood deck shall be set back a minimum of: five feet along a side lot line where buildings are detached and 20 feet along a rear lot line. Space under an unenclosed porch may be used for household storage.
(d) 
See § 119-41 for swimming pools.
A. 
Purposes. This district is primarily intended to address areas where there are concentrations of undersized lots and many failing on-lot sewage disposal systems. This district is intended to encourage the merger of undersized lots to reduce on-lot sewage disposal problems and to provide adequate separation distances between wells and on-lot sewage disposal systems. Many lots are so small that it is extremely difficult to install a modern on-lot sewage disposal system or to upgrade or replace an existing inadequate on-lot sewage disposal system. This district also is intended to encourage the development of a central water supply and central sewage disposal system in the future to serve this area. This district is also intended to decrease the number and severity of nonconformities.
[Amended 5-1-2014 by Ord. No. 2014-01]
B. 
Within the R-S District, if a principal building is proposed to be constructed, erected or placed on a nonconforming lot, then the following additional requirements shall apply:
(1) 
The applicant shall prove compliance with all applicable well and on-lot sewage disposal system requirements of this chapter, state regulations and other applicable ordinances. See § 119-30 below.
[Amended 5-1-2014 by Ord. No. 2014-01]
(2) 
The applicant shall prove compliance with all minimum setback requirements of this chapter, and all other requirements of this chapter, except as may be modified by § 119-73 concerning nonconformities. See also Subsection C.
(3) 
A lot with a nonconforming lot area in the R-S District shall only be developed as a single permitted by right use and its customary accessory uses.
(4) 
See § 119-69A regarding improvements to abutting streets.
C. 
Merger of nonconforming lots. Within the R-S District, if two abutting lots each have a nonconforming lot area and are held in common ownership at the time of adoption of this chapter, then the lots shall hereby be merged into a single lot.
(1) 
For the purposes of this chapter, at the effective date of this chapter, such nonconforming lots shall hereby be considered to be a single lot and shall not be individually sold, conveyed or developed.
(2) 
Before any permit is issued for any building construction, expansion, placement or replacement on a lot regulated by this Subsection C, the applicant shall be required to provide evidence that the deeds have been recorded in a manner that states that the nonconforming lots have been merged into a single lot.
(3) 
This Subsection C shall only apply if one or both of the lots does not include a principal building at the time of adoption of this chapter.
(4) 
This Subsection C shall not apply if a lot has a lot area that is equal to 80% or greater of the minimum lot area required in the R-S District. For the sole purposes of determining nonconforming lot area under this Subsection C, wetlands and steep slopes shall not be deleted from the minimum lot area, and the larger lot area requirements of § 119-31 within steep slopes shall not apply.
[Amended 5-1-2014 by Ord. No. 2014-01]
A. 
Central water supply. A use shall not be considered to be served by Township-approved central water supply unless:
(1) 
All applicable requirements of state regulations and Chapter 98, Subdivision and Land Development, are met;
(2) 
The applicant proves to the satisfaction of the Township that there will be an appropriate system in place to guarantee and properly fund the long-term operation and maintenance of the system by a qualified professional operator; and
(3) 
The applicant proves to the satisfaction of the Township, based upon review of the Township Engineer, that the system will include adequate supply, transmission capacity and pressure to serve the development.
B. 
Central sewage disposal. A use shall not be considered to be served by Township-approved central sewage disposal unless:
(1) 
All applicable requirements of state regulations and Chapter 98, Subdivision and Land Development, are met;
(2) 
The applicant proves to the satisfaction of the Township that there will be an appropriate system in place to guarantee and properly fund the long-term operation and maintenance of the system by a qualified professional operator; and
(3) 
The applicant proves to the satisfaction of the Township, based upon review of the Township Engineer, that the system will include adequate treatment capacity and conveyance capacity to serve the development.
C. 
Connection to a larger system. Any new nonpublic central water supply or central sewage disposal system shall be engineered and constructed in such a manner as to allow its efficient interconnection in the future into a larger regional system. For example, a development shall include adequate utility easements extending to the borders of the development to allow future interconnections at logical points.
(1) 
Such a system shall include appropriate easements and/or rights-of-way within property controlled by the developer to allow the system to efficiently interconnect with a larger system in the future.
(2) 
If requested by the Board of Supervisors at time of subdivision or land development approval, a central water supply or central sewage disposal system shall be dedicated to a Township authority after completion of the development, or at such other time as is mutually agreed upon. A developer who dedicates a central water supply or central sewage disposal system to a Township authority shall retain the right to use or sell the capacity of the system that was funded by the developer. The Township may require a developer to post a bond to guarantee proper operation of a system for at least two years after dedication.
D. 
On-site sewage disposal system.
[Amended 7-16-2019 by Ord. No. 2019-01]
(1) 
Purpose. To ensure that a suitable location is available for a new on-site sewage disposal system if the original on-site sewage disposal system should malfunction.
(2) 
This Subsection D shall only apply to a lot that is officially submitted for subdivision or land development approval after the adoption of this chapter. This Subsection D shall not apply to lot mergers or lot line adjustments.
(3) 
Each lot, including lots of 10 acres or more, shall include both a primary and a reserve on-site sewage disposal system location. Both locations shall be determined by the Township Sewage Enforcement Officer to meet Pennsylvania Department of Environmental Protection regulations for an on-site sewage disposal system location prior to approval of the final subdivision or land development plan.
(4) 
In cases where a proposed lot has an existing functioning sewage disposal system, as determined by the Township Sewage Enforcement Officer, a reserve on-site sewage disposal system location shall not be required.
(5) 
The requirement for a reserve on-site sewage disposal system location shall not apply to the following:
(a) 
The simple merger of two or more existing lots:
(b) 
A vacant lot that includes a permanent deed restriction or conservation easement prohibiting any construction of buildings on the lot; or
(c) 
Lots within a subdivision or land development that will abut a central or community system with adequate capacity constructed by the developer, the design of which has been approved by the Township.
(6) 
The reserve on-site sewage disposal system location shall be kept clear of buildings and parking and shall be shown on any subsequent applications for new or expanded buildings or parking.
(7) 
Permit expiration. If a permit for a new on-site sewage disposal system was previously approved for a lot, but such system was not constructed, and the testing related to such permit is current per PA DEP regulations, then such permit shall only be permitted to be renewed once after the adoption date of this chapter. If the on-site sewage disposal system is not constructed before the permit expires, then a new permit and new testing shall be required in full conformance with current state and Township requirements.
E. 
Well and on-site sewage disposal system locations. Every plan for a subdivision or land development and every application for a building permit for a new principal building that will be served by a well and/or on-site sewage disposal system shall designate the proposed well and primary and alternate on-site sewage disposal system locations.
(1) 
Such plan shall show that the proposed locations will meet the minimum isolation distances established by PADEP regulations between a well and on-site sewage disposal systems on the subject lot and all adjacent lots.
(2) 
A plan may show the outer extent of potential well locations, instead of one exact location, provided all of the potential area would still meet the isolation distance.
(3) 
If the well or on-site sewage disposal system location is proposed to be changed from the location shown on the submitted plan, then a site plan showing the revised location shall be submitted for approval by the Zoning Officer and Sewage Enforcement Officer prior to issuance of the building permit.
(4) 
It is requested that well sites be placed in the front yard, thereby allowing on-site sewage disposal systems to be placed in the rear yard. The intent is to minimize the visibility of any on-site sewage disposal mound systems. In addition, if wells are located in consistent locations within a subdivision, it will make it easier for adjacent property owners to meet minimum separation distances between on-site sewage disposal systems and wells.
F. 
Expansion of on-site sewage disposal use. If the Zoning Officer has reason to believe that a proposed increase in the number of dwelling units or expansion or change of a nonresidential use would result in increased flow to an on-site sewage disposal system, then the application shall be referred to the Sewage Enforcement Officer. The Sewage Enforcement Officer shall require modification, expansion or replacement of the on-site sewage disposal system if necessary to handle the proposed flow.
A. 
Regrading. Non-man-made slopes of over 15% shall not be regraded after the adoption of this chapter in such a manner that circumvents the requirements of this chapter. This section shall not regulate slopes that were clearly man-made prior to the adoption of this chapter.
B. 
Slopes over 25%. Any area with a slope over 25% shall not be counted towards the minimum lot area of a lot, for the purposes of determining compliance with any minimum lot area or any tract area requirements of this chapter.
C. 
Single-family dwellings and steep slopes.
(1) 
Any lot proposed to be used for a single-family detached dwelling shall include a proposed building area with a minimum of 5,000 square feet. Such building area shall not include land within the minimum principal building setbacks. Such building area shall contain the proposed location of the dwelling and any primary and alternate on-lot sewage disposal system locations.
[Amended 5-1-2014 by Ord. No. 2014-01]
(a) 
If such building area for each lot includes an average slope of greater than 15% and less than 25%, then the minimum lot area shall be two acres, unless a larger lot area is required by another section of this chapter.
(b) 
If such building area for each lot includes an average slope of 25% or greater, then the minimum lot area shall be five acres. This five acre minimum lot area may be calculated without deleting slopes over 25%.
(c) 
Through designations on the Township-approved site plan, an applicant may limit the area upon which new principal buildings are permitted. In such case, an applicant may provide that no new principal building shall be located on slopes of over 15% or slopes of 25% or greater, and thereby avoid the regulations of this section.
(2) 
Access. Each lot shall be accessible from an existing or proposed street by means of a driveway or private accessway with a maximum grade of 15%.
D. 
Steep slopes and other uses. A lot shall only be used for buildings for principal uses other than single-family detached dwellings if the proposed building area includes an average slope of less than 15%.
(1) 
For such uses, the building area shall include locations of all proposed buildings and parking areas and outdoor storage areas and an area 20 feet around buildings, parking and storage areas. Such building area shall also contain the proposed locations of any primary and alternate on-lot sewage disposal systems.
[Amended 5-1-2014 by Ord. No. 2014-01]
(2) 
Access. Each dwelling and each parking area shall have vehicle access from an existing or proposed street by means of a driveway or private accessway with a maximum grade of 10%.
E. 
Site plan and tree protection. If an applicant proposes to alter or build upon slopes of 15% or greater, then a site plan shall be submitted to the Zoning Officer. A separate site plan is not required if the same information was included in an approved subdivision or land development plan.
(1) 
Site plan. The site plan shall show:
(a) 
The proposed lot lines;
(b) 
The existing and proposed contours; and
(c) 
Existing and proposed building locations, and the outer perimeter of the proposed building area as described above.
(2) 
Mature trees. Where building or alteration is proposed on slopes of over 15%, the applicant shall prove to the satisfaction of the Zoning Officer that the removal of healthy trees with a trunk width of over six inches (measured at a height 3.5 feet above the ground level) and other attractive natural vegetation will be minimized. The Zoning Officer may ask for reviews by the Township Engineer or Planning Commission. The site plan shall show wooded areas to be removed or preserved, and methods to be used to make sure trees are protected by temporary fences or other measures during the construction process.
[1]
Editor's Note: Former § 119-32, Lot averaging (optional open space development), was repealed 2-7-2006 by Ord. No. 2006-02.
A. 
No new or expanded building and no new or expanded off-street parking area or commercial or industrial storage area shall be located within:
(1) 
One hundred feet from the center line of the Pohopoco Creek and McMichael Creek; and
(2) 
Seventy-five feet from the center line of any other perennial creek, as shown on the USGS quadrangle maps.
B. 
Any street or driveway crossing of a perennial creek shall be approximately perpendicular to the waterway, to the maximum extent reasonable.
[Amended 9-20-2005 by Ord. No. 2005-02]
A. 
Purpose. The primary purpose of establishing the transferable development rights (TDR) program is to permanently preserve prime farmland, sensitive natural areas, and rural community character that would be lost if the land were developed. In addition, this section is intended to enable landowners who desire to preserve their land the opportunity to sell on the free market their right to develop to other areas of Chestnuthill Township deemed appropriate for higher density development based on the availability of community facilities and infrastructure.
B. 
Basic concept and authorization.
(1) 
Sending properties and receiving properties. The provisions of this chapter which permit transferable development rights allow owners of parcels in Chestnuthill Township proposed for conservation, called sending properties, to sell the right to develop all or a portion of their land to the owners of qualifying parcels in Chestnuthill Township proposed for additional development, called receiving properties.
(2) 
Pennsylvania Municipalities Planning Code. The transferable development rights provisions set forth in this section are specifically authorized under Section 603(c)(2.2) and Section 619.1 of the Pennsylvania Municipalities Planning Code,[1] under the terms of which development rights are acknowledged to be severable and separately conveyable from a sending property to a receiving property.
[1]
Editor's Note: See 53 P.S. §§ 10603(c)(2.2) and 10619.1, respectively.
(3) 
Development rights. When landowners sell their right to develop all or a portion of their land, they must restrict that portion of land from which development rights are sold against any future development as provided in this chapter, although the land may still be used for purposes that do not involve development, such as agriculture, forestry, public park land, conservation area, and similar uses. When the owner of a receiving property buys the development rights from the owner of a sending property, they receive the right to build more dwelling units on their land than they would have been allowed had they not purchased development rights.
(4) 
Voluntary agreement. The owners of the sending property and receiving property shall voluntarily commit to participate in the transfer of development rights. Once the required conservation easement is established, it shall be binding upon all current and future owners of the sending property. The applicant for the receiving property is responsible to negotiate with, and pay compensation to, the owner of the sending property for the conservation easement.
(5) 
Conservation easement. The conservation easement imposed on the sending property will not prohibit the landowner's sale of the land after the development rights have been severed, although such land cannot thereafter be used for development purposes. The easement shall be held by the Township and a bona fide nonprofit conservation organization [a nonprofit organization created in accord with U.S. Code Tide 26, Subtitle A, Chapter 1, Subchapter F, Part I, Section 501(c)(3), which is devoted to the conservation of open space] acceptable to the Township.
(6) 
Disposition of development rights. The owner of the sending property from which the development rights are severed or any subsequent purchaser or purchasers of the development rights may declare the development rights for sale, may hold the development rights, or may resell the development rights. The only use which may be made of the development rights is the ultimate transfer to a developer with a receiving property. The Township shall have no obligation to purchase the development rights which have been severed from a sending property.
(7) 
Donations or intermediaries. The development rights from a sending property may be purchased by or may be donated to the Township, the county, the commonwealth, or a bona fide conservation organization acceptable to the Township. A permanent conservation easement shall be established on the sending property at the time of such purchase or donation.
(8) 
Permanent severance. Once severed from a sending property, development rights shall remain a separate estate in land and shall not be joined with the antecedent estate.
(9) 
Term of development rights. The development rights severed from a sending property shall have no term regardless of the number of intermediate owners unless such rights are legally extinguished.
C. 
Sending property qualifications, calculations and requirements. Owners of qualifying tracts may sell their development rights in accord with the following:
(1) 
Sending property qualifications.
(a) 
The sending property shall be identified on the Chestnuthill Township Official Map as one of the following:
[1] 
Private recreational and water authority considerations.
[2] 
Parkland/open space considerations.
[3] 
Agricultural easement considerations.
(b) 
At least 80% of the sending property shall be restricted from future development by a conservation easement in accord with this section.
(c) 
The restricted acreage shall be contiguous and shall not be less than 75 feet in the narrowest dimension at any point except for such lands specifically serving as trail links.
(d) 
The portion of the parcel which will not be restricted shall be usable under the use, area, dimensional, performance and other standards of this and other Township ordinances.
(2) 
Development rights certification by Township. Any owner of a qualified sending property may request a written certification from the Township of the number of development rights that may be severed, which certification shall not be unreasonably withheld. Such request shall be made to the Zoning Officer on the form provided by the Township.
(3) 
Calculation of transferable development rights.
(a) 
Determination of number of development rights. The Township shall determine the total number of development rights available from a sending property by dividing the adjusted tract acreage as calculated for the property in accord with § 119-38D(4) of this chapter by the applicable zoning district minimum lot size requirement for lots with on-lot sewage service and on-lot water service.
(b) 
Conditional use submission. In lieu of Township determination of the number of development rights, the applicant may submit information to document the number of available development rights from a sending property by dividing the adjusted tract acreage as calculated for the property in accord with § 119-38D(4) of this chapter by the applicable zoning district minimum lot size requirement for lots with on-lot sewage service and on-lot water service. Such submission shall be considered a conditional use.
(c) 
Conditional use plan requirement. In the case of a conditional use submission, the applicant shall provide a plan prepared by a professional consultant as defined by the Pennsylvania Municipalities Planning Code to document to the satisfaction of the Township the determination of adjusted tract acreage. At a minimum, the plan shall show the site features enumerated in § 119-38D(4) of this chapter.
(d) 
Partial severance. If the severance of development rights would entail less than an entire parcel, the portion of the parcel from which the development rights are severed shall be clearly identified on a plan of the entire parcel drawn to scale, the accuracy of which shall be satisfactory to the Township. No development or subdivision of such parcel shall be permitted which violates any provision of the conservation easement.
(e) 
Preserved land. Land previously restricted against development by covenant, easement or deed restriction shall not be eligible for transferable development rights unless and until such time as said covenant, restriction or easement is dissolved or rescinded with agreement of all beneficiaries of such covenant, restriction or easement.
(4) 
Severance of transferable development rights.
(a) 
Severance. Transferable development rights to be severed shall be conveyed by a deed of transferable development rights duly recorded in the office of the Monroe County Recorder of Deeds. The deed of transferable development rights shall specify the tract of land to which the rights shall be permanently attached or that the rights shall be transferred to the Township, retained by the owner of the sending property, or another person in gross.
(b) 
Conservation easement. The deed of transferable development rights which severs the development rights from the sending property shall be accompanied by a conservation easement which shall permanently restrict development of the sending property as provided below and which shall be recorded in the office of the Recorder of Deeds at the same time as or prior to the deed of transferable development rights.
(c) 
Township approval of easement. All deeds of transferable development rights and conservation easements shall be endorsed by the Township Board of Supervisors prior to recording, which endorsement shall not be unreasonably withheld.
[1] 
Deeds submitted to the Township for endorsement shall be accompanied by a title search of the sending property and a legal opinion affirming that the development rights being transferred by the deed have not been previously severed from or prohibited upon the sending property.
[2] 
A tide report shall be prepared not less than 10 days prior to submission of the deed, and the legal opinion must meet the reasonable approval of the Township Solicitor.
(d) 
Partial sale of severed rights. If a sale of development rights would entail less than the entire number of development rights represented by a recorded deed of transferable development rights, the applicant shall indicate in the deed the disposition of the remaining development rights.
(5) 
Sending property conservation easement. Any sending property from which development rights have been severed must be permanently restricted from future development by a conservation easement provided by the Township which meets the following minimum requirements:
(a) 
Development restricted. The conservation easement shall permanently restrict the land (or the portion thereof) from which development rights have been severed from future development for any purpose other than agriculture, forestry, public park land, conservation area and similar uses.
(b) 
Township approval. The conservation easement shall be approved by the Board of Supervisors of Chestnuthill Township, in consultation with the Township Solicitor.
(c) 
Enforcement rights. The conservation easement shall designate Chestnuthill Township, and a bona fide conservation organization acceptable to the Township, as the beneficiary/grantee, but shall also designate the following parties as having separate and independent enforcement rights with respect to the easement:
[1] 
All future owners of any portion of the sending property; and
[2] 
All future owners of any portion of any parcel to which the transferable development rights are permanently attached.
(d) 
Specification of rights sold and retained. The conservation easement shall specify the number of development rights to be severed as well as any to be retained.
(e) 
Lot area and required setback prohibition. No portion of the tract area used to calculate the number of development rights to be severed shall be used to satisfy minimum setbacks or lot area requirements for any development rights which are to be retained or for any other subdivision or development.
[Amended 5-1-2014 by Ord. No. 2014-01]
(f) 
Other provisions. The conservation easement shall include all other necessary provisions to address the specific circumstances of the subject property in terms of meeting the requirements of this section.
(g) 
Legal interest owners. All owners of all legal and beneficial interest in the tract from which development rights are severed shall execute the conservation easement. All lien holders of the tract from which development rights are severed shall execute a joinder and/or consent to the conservation easement.
(h) 
Development approval. Final approval for any subdivision or land development plan using transferred development rights shall not be granted prior to the recording of the required conservation easement and other applicable documents at the Monroe County Recorder of Deeds.
D. 
Receiving property qualifications, calculations and requirements. Owners of tracts which meet the following requirements may use development rights that are purchased from sending property owners.
(1) 
Receiving property prohibition. Development rights shall not be transferred to any property identified on the Chestnuthill Township Official Map as any of the following:
(a) 
Private recreational and water authority considerations.
(b) 
Parkland/open space considerations.
(c) 
Agricultural easement considerations.
(2) 
Residential; central water supply and central sewage disposal; other receiving property qualifications. Residential density on a receiving property may be increased through the use of TDRs in accord with the provisions of this § 119-34 when the receiving property is served by central sewage disposal and central water supply, and the following:
[Amended 5-1-2014 by Ord. No. 2014-01]
(a) 
The property is located in an R-2, R-3 or VC District, and the development rights are used for dwelling types permitted in the district where proposed, except that development rights shall not be used for mobile home parks.
(b) 
The property is located in an R-1 District and is developed in accord with § 119-38, Conservation subdivision design.
(c) 
The property is located in an RR District and:
[1] 
The property is developed in accord with § 119-38, Conservation subdivision design; and
[2] 
The dwellings are limited to occupancy by at least one resident not less than 55 years of age and persons under 18 years of age shall not reside in the unit for more than 30 days per year; and
[3] 
The property has direct access to State Route 115, State Route 209, or State Route 715 which meets the requirements for a PennDOT highway occupancy permit.
(3) 
Receiving property base residential density. The base residential density of the receiving property shall be determined by dividing the adjusted tract acreage as calculated for the property in accord with § 119-38D(4) of this chapter by the applicable zoning district minimum lot size requirement for lots served by central sewage disposal and central water supply.
[Amended 5-1-2014 by Ord. No. 2014-01]
(4) 
Senior housing multiplier. Development rights transferred to a receiving property for the development of dwellings limited to residents not less than 55 years of age shall be valued at 1.25 dwelling units per development right acquired from a sending property.
(5) 
Receiving property increase in permitted residential density; bulk and density standards. The number of dwelling units on a receiving property may be increased above the receiving property base density in accord with the following bulk and density standards and provided all other applicable Township ordinance requirements are satisfied:
[Amended 5-1-2014 by Ord. No. 2014-01]
Zoning District
Standards
R-2, VC
R-3
Minimum lot area for single-family dwellings
7,500 square feet
7,500 square feet
Minimum average lot area per dwelling unit for other permitted dwelling types (see Note C in the Table of Area, Setback and Building Requirements[2])
7,500 square feet
7,500 square feet
Minimum lot width at the required minimum building setback line
65 feet
Minimum street frontage
20 feet
Flag lots
Permitted in accord with provisions of Chapter 98, Subdivision and Land Development
Setback regulations
The principal building position and orientation should be varied
Minimum front
20 feet
Minimum rear
30 feet; 20 feet where the rear setback adjoins conservation open space
Minimum side
1 side setback not less than 8 feet and total of both side setbacks not less than 25 feet
Maximum impervious coverage
30% per individual lot
Maximum height regulations
See § 119-28B
RR and R-1 Zoning Districts
Section 119-38, Conservation subdivision design, shall apply and the open space preserved on the sending property may be used to meet 50% of the minimum conservation open space required by § 119-38
[2]
Editor's Note: The Table of Area, Setback and Building Requirements is included as an attachment to this chapter.
E. 
Plan submission process.
(1) 
Plans required. All applicants for use of transferable development rights shall submit subdivision or land development plans in accord with Chapter 98, Subdivision and Land Development, for the development to which the transferable development rights will be added. A conditional use application shall be submitted where applicable. Such plans shall, in addition to meeting all other applicable provisions, include the following:
(a) 
Proof of available development rights. A deed of transferable development rights or an agreement of sale for all development rights proposed to be purchased from the sending property.
(b) 
Dwelling unit numbers. A note on the plan showing the total number of dwelling units proposed on the receiving property, the total number that could be built not using TDR's, and the incremental difference between the two.
(c) 
Plan. The adjusted tract acreage plan of the sending property required by Subsection C(3)(c) from which the applicant proposes to purchase development rights. If the applicant is purchasing development rights from a portion of a sending property, the plan required by Subsection C(3)(d) shall also be provided. If the development rights have previously been severed from a sending property, a copy of the recorded deed of transferable development rights shall be submitted.
(d) 
Title search. A title search of the sending property sufficient to determine all owners of the tract and all lien holders. If the development rights have previously been severed from the sending property, a title search of the rights set forth in the deed of transferable development rights sufficient to determine all of the owners of the development rights and all lien holders shall be provided to the Township.
(2) 
Final approval; conservation easement. In order to receive final plan approval, the applicant must provide documentation that the required conservation easement has been recorded for all sending property lands whose development rights are being used by the applicant. This conservation easement must meet the requirements stipulated herein. The conservation easement on the sending property shall be recorded first, followed by a deed of transfer, in accord with the provisions of the Pennsylvania Municipalities Planning Code, which transfers the development rights from the sending property landowner to the receiving property landowner.
F. 
Public acquisition. Chestnuthill Township may purchase development rights and may accept ownership of development rights through transfer by gift. All such development rights may be resold or retired by the Township. Any such purchase or gift shall be accompanied by the conservation easement required by Subsection C(5).
G. 
Amendment and/or extinguishment.
(1) 
Amendment. The Township reserves the right to amend this chapter in the future, and expressly reserves the right to change the manner in which the number of development rights shall be calculated for a sending property and the manner in which development rights can be conveyed.
(2) 
Termination. The Township further expressly reserves the right to terminate its transferable development rights program at any time.
(3) 
Claims. No owner of the land or owner of development rights shall have any claim against the Township for damages resulting from a change in this chapter relating to the regulations governing the calculation, transfer and use of development rights or the abolition of the transferable development rights program.
(4) 
Vested rights. If the transferable development rights program is abolished by the Township, only those rights which were severed prior to the effective date of the ordinance abolishing the transferable development rights program may be attached to any receiving property. This shall also apply in the case where an application for severance in conformity with the provisions of this § 119-34 was filed prior to the effective date of such ordinance, and the application thereafter is continuously processed to approval.
A. 
Lot area. Wetlands (as officially defined under federal and/or state regulations) and lakes shall not be counted toward the minimum lot area of any lot or tract of land. This Subsection A shall only apply to a subdivision or land development submitted for approval after the adoption of this chapter.
B. 
Wetland studies. It shall be the responsibility of each applicant to determine whether land areas proposed for alteration meet the federal or state definition of a wetland prior to submittal of development plans to the Township. If the Zoning Officer has reason to believe that wetlands may be present on a site proposed for development or subdivision, the Zoning Officer may require that the applicant provide a suitable wetland delineation study prepared by a qualified professional.
A. 
If a subdivision includes a minimum of 50 dwelling units, then, as a special exception use, a maximum of two acres within the subdivision may be used for commercial development meeting the requirements of the VC District. The applicant shall prove to the Zoning Hearing Board that the commercial development has been designed and located with traffic access that is fully coordinated with the residential development. To the maximum extent feasible, traffic access shall be fully coordinated with adjacent development.
B. 
Timing. No commercial use shall be open for business until after a minimum of 25 dwelling units within the subdivision have been completed.
C. 
Hours. No commercial use approved under this § 119-36 shall be open to the public nor receive truck deliveries between the hours of 10:00 p.m. and 7:00 a.m.
A. 
Purposes: to provide appropriate locations for light industries, offices and related types of commercial uses, in a manner that is fully compatible with any nearby homes; to carefully control the types of uses and use performance standards to protect the public health and safety and avoid nuisances; to maintain an attractive physical environment that will aid in attracting new employers, including provision of extensive landscaping and the encouragement of attractive masonry facades; to encourage development to occur within business parks, as opposed to development on scattered individual lots: to encourage the establishment of private deed restriction controls and carefully coordinated interior vehicle access; to make sure that new development occurs with access onto interior roads, as opposed to numerous driveways onto existing roads or use of hazardous intersections.
B. 
Overlay district. The BP District is an "overlay" district. This allows an optional type of business development that a property owner may choose to use in place of the regular underlying zoning districts. Once a planned business development is submitted and approved as a conditional use then, then the regulations of this BP District shall apply in place of the underlying zoning district. Until such time as a planned business development may be approved, the underlying zoning district shall apply.
C. 
Definition of "planned business development." This term shall mean a development approved as a "planned business development" as a conditional use under the standards of this § 119-37. A planned business development is a tract designed with fully coordinated interior road access, stormwater management, landscaping and buffering.
D. 
Uses. Section 119-27 lists the uses allowed within the BP District. These uses shall only be allowed after conditional use approval has been granted for a "planned business development" under this section. The conditional use approval shall primarily addresses coordinated road access and compatibility with adjacent properties. Once conditional use approval is granted, the applicant shall have the flexibility for apply for individual uses allowed in the BP District without needing conditional use approval for each individual use. However, individual uses shall only be allowed if they are consistent with the conditional use approval.
E. 
Standards for approval of a planned business development. To ensure compliance with the purposes and requirements of this district, review and approval of a planned business development shall be required as a conditional use.
(1) 
Minimum lot area at the time of conditional use application. 40 acres. Once a planned business development is approved, then the applicant may obtain subdivision approval for smaller lots, provided they meet § 119-28.
(a) 
If an applicant within the BP District does not control 40 acres, he/she may submit an application with a neighboring property owner showing fully coordinated development of at least 40 acres.
(b) 
At least 40 acres must be approved at one time. However, the submittal of detailed subdivision plans and the actual development may be phased.
(c) 
If an applicant controls additional land beyond the amount within the planned business development, the applicant shall submit a sketch showing how the additional land might eventually be connected into the planned business development in the future, including a fully coordinated road system.
(2) 
Submittal. The applicant shall submit plans and accompanying information meeting § 119-18. The applicant shall provide sufficient information to determine compliance with this chapter. Detailed engineering of stormwater, grading, profiles and similar matters that are addressed under Chapter 98, Subdivision and Land Development, is not required at the conditional use stage.
(3) 
Information. The applicant shall present whatever information is available on the types of tenants or uses that are intended or expected in different portions of the development. However, it is recognized that the applicant may not know all of the prospective uses at the time of conditional use approval.
(4) 
Relationship to surroundings. The applicant shall show how the development will be fully coordinated with surrounding lands, land uses and streets.
(5) 
Green space and landscaping. The application shall show an overall plan of green spaces and landscaping. This plan shall be carried out through a system of deed restrictions on each lot.
(6) 
Access.
(a) 
Coordinated access. Any planned business development shall make the absolute maximum use possible of interior streets, as opposed to numerous driveways entering onto an arterial street. In addition, the applicant shall prove that street access has been designed to minimize use of existing hazardous intersections, or for the applicant to commit to improve such intersection so that it is not hazardous. Deed restrictions shall be placed on individual lots to require compliance with the approved traffic access system.
(b) 
Access to other than arterial streets. Based upon any PennDOT review comments and reviews by the Planning Commission and Township Engineer, the Board of Supervisors require that a planned business development not have any direct access that would involve left-hand turns onto and off of an arterial street (except at an intersection planned for or with an existing traffic signal) if reasonable access could be provided off of and onto another suitable street.
(c) 
Easements for access. The Board of Supervisors may, at the time of approval of a subdivision or land development within the BP District, require a lot or tract to provide an easement, stub street extension and/or street right-of-way extension for vehicular traffic to adjoining tracts to allow an efficient interior access system.
(7) 
Staged construction. If development is to occur in progressive stages, each stage shall be planned and occur so that the purposes and requirements of this chapter are fully complied with at the completion of each stage. Each stage shall be shown on the plan.
(8) 
Lot regulations. Each proposed lot be capable of complying with the lot and setback regulations of the BP District.
(9) 
Information on covenants. A planned business development shall include a reasonable set of deed restrictions or covenants imposed by the developer on each lot. These covenants should cover types of uses, maintenance of lots and industrial operations, with a proper means for enforcement. The covenants shall also be written to carry out the purposes and requirements of a planned business development. The substance of these covenants shall be presented before a planned business development is approved.
(a) 
Facade materials. It is strongly encouraged that a minimum of 75% of the facades of buildings facing onto streets consist of glass, brick or other decorative masonry. This provision is intended to avoid metal or cinderblock construction, at least as visible from a street. Subdividers are strongly encouraged to place such a requirement on each lot through deed restrictions.
(10) 
Additional setbacks from dwellings and residential districts.
(a) 
Any portion of a building used for industrial operations and any area routinely used for the parking, storage, loading or unloading of two or more tractor-trailer trucks or refrigerated trucks shall be set back a minimum of 200 feet from any residentially zoned lot that is not within the Business Park District.
(b) 
As a condition of conditional use approval, the Board of Supervisors may require an earth berm to be constructed between a planned business development and any existing or prospective residential lots if the Board determines it will be necessary to ensure compatibility between uses.
[1] 
The height of the berm shall average at least five feet, unless the Board of Supervisors determines that a differing height is appropriate considering the topography of the site.
[2] 
The maximum slope of the berm (on sides visible from outside of the planned business development) shall be three feet measured horizontally for each one foot measured vertically.
[3] 
The plant screening required by § 119-71 shall be placed towards the top, on the residential side, of the berm. Portions of the berm that are visible from outside of the planned business development shall be maintained with attractive vegetation.
(11) 
Landscaped front setbacks. A maximum of 80% of the required minimum front setback area shall be maintained in landscaped green space. The intent is that the remaining 20% would be used for driveways, fire lanes, visitor parking, handicapped parking and walkways. Other vehicle parking is intended to primarily be placed to the side or rear of buildings.
[Amended 5-1-2014 by Ord. No. 2014-01]
(12) 
Loading docks. An applicant shall prove to the satisfaction of the Township that loading docks routinely serving three or more tractor-trailer trucks have been located within reason to seek to minimize their visibility from dwellings, public streets and existing and planned expressways. No loading dock routinely served by tractor-trailer trucks shall be located within 75 feet of the existing right-of-way of a public street.
(13) 
Coordinated stormwater management. A planned business development shall include a coordinated system of stormwater management. At best, where feasible, this should include sufficient land set aside for a minimal number of stormwater basins, with each lot owner assessed sufficient fees each year to properly maintain the basins.
(14) 
Sewage and water services. The applicant shall provide evidence concerning the general feasibility of methods that will be used to provide sewage and water services. However, the detailed engineering of such services may be delayed until approval is sought under Chapter 98, Subdivision and Land Development.
A. 
Purposes and development options.
(1) 
Purposes. 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, floodplains and wetlands, by setting them aside from development.
(b) 
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.
(c) 
To reduce erosion and sedimentation by the retention of existing vegetation, and the minimization of development on steep slopes.
(d) 
To provide for a diversity of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups, and residential preferences, so that the community's population diversity may be maintained.
(e) 
To implement adopted municipal policies to conserve a variety of irreplaceable and environmentally sensitive resource lands as set forth in the West End Open Space and Recreation Plan or successor document including provisions for reasonable incentives to create a conservation open space system for the benefit of present and future residents.
(f) 
To implement adopted land use, transportation, and community policies, as identified in the Township's Comprehensive Plan.
(g) 
To protect areas of the Township with productive agricultural soils for continued or future agricultural use, by conserving blocks of land large enough to allow for efficient farm operations.
(h) 
To create neighborhoods with direct visual access to open land, with amenities in the form of neighborhood open space, and with a strong neighborhood identity.
(i) 
To provide for the conservation and maintenance of open land within the Township to achieve the above-mentioned goals and for active or passive recreational use by residents.
(j) 
To provide multiple options for landowners in order to minimize impacts on environmental resources (sensitive lands such as wetlands, floodplain, and steep slopes) and disturbance of natural or cultural features (such as mature woodlands, hedgerows and tree lines, critical wildlife habitats, historic buildings, and fieldstone walls).
(k) 
To provide standards reflecting the varying circumstances and interests of individual landowners, and the individual characteristics of their properties.
(l) 
To conserve scenic views and elements of the Township's rural character, and to minimize perceived density, by minimizing views of new development from existing roads.
(2) 
By-right development options. In order to achieve these purposes, this § 119-38 provides for flexibility in designing new residential subdivisions by allowing two forms of by-right development referred to as options, as summarized below:
(a) 
Option 1, neutral density and basic conservation, providing for residential uses at the density permitted by the underlying zoning with not less than 50% of the tract comprised of conservation open space.
(b) 
Option 2, greater density with greater conservation, providing residential uses at a density higher than the density permitted by the underlying zoning with not less than 60% of the tract comprised of conservation open space.
(3) 
Densities and required open space percentages: see Subsection D.
B. 
General regulations. The design of all conservation subdivisions shall be governed by the following minimum standards:
(1) 
Ownership. The tract of land shall be controlled by the applicant and shall be developed as a single entity.
(2) 
Site suitability. As evidenced by the existing resources/site analysis plan, the preliminary subdivision plan, and the final subdivision plan, the tract incorporating this design option shall be suitable for supporting development in terms of environmental conditions, its size, and configuration.
(3) 
Combining the design options. The various layout and density options described in this section may be combined at the discretion of the Township, based upon demonstration by the applicant that such a combination would better fulfill the intent of this chapter, in particular the stated purposes of this section, as compared with applying a single option to the property.
(4) 
Intersections and access. The number of driveways entering onto existing public streets shall be minimized. Instead, the development shall make maximum use of driveways entering onto an internal local street. Intersections and access shall be governed by Chapter 98, Subdivision and Land Development.
(5) 
Sensitive area disturbance. The proposed design shall strictly minimize disturbance of environmentally sensitive areas, as shown on the existing resources and site analysis plan. Lands within the one-hundred-year floodplain, or having slopes in excess of 25%, and rock outcrops constitute such environmentally sensitive areas, where disturbance shall be strictly minimized. Demonstration by the applicant that these features will be protected by the proposed application shall be prerequisite to approval of both the preliminary subdivision plan and the final subdivision plan.
C. 
Minimum parcel size and use regulations. Tracts of six acres or more in the Conservation Design Overlay District may be used for the following purposes:
(1) 
Single-family detached dwellings. In CR, RR, R-1, R-2 and R-3 districts, single-family detached dwellings in subdivisions using Option 1, basic conservation, or Option 2, greater conservation.
(2) 
Twin dwelling units, and townhouses or rowhouses. In CR, RR and R-1 districts, twin dwelling units and townhouses or rowhouses in subdivisions or land developments using Option 1, basic conservation, or Option 2, greater conservation, at the same density as single-family dwellings.
(3) 
Conservation open space. Conservation open space comprising a portion of residential development, as specified above and according to requirements of Subsection F and Chapter 98, Subdivision and Land Development.
(4) 
Nonresidential uses. The following nonresidential uses in accordance with the standards of Subsection F:
(a) 
Agricultural uses, including horticultural, wholesale nurseries, and the raising of crops, and buildings related to the same.
(b) 
Wood lots, arboreta, and other similar silvicultural uses.
(c) 
Woodland preserve, game preserve, wildlife sanctuary, or other similar conservation use.
(d) 
Municipal or public uses; public park or recreation area owned and operated by a public or private nonprofit entity or agency; governmental or public utility building or use; not to include business facilities, storage of materials, trucking or repair facilities, the housing of repair crews, private or municipal solid waste disposal facilities.
(5) 
Accessory uses. Accessory uses shall be permitted on the same lot with and customarily incidental to any permitted use and not conducted as an independent principal use.
(6) 
Retail stores and service establishments. In developments of 200 or more dwelling units, retail stores [excluding uses listed individually in the Table of Permitted Uses, Primarily Nonresidential Districts,[1] adopted under § 119-27B(2)], exercise clubs, laundromats, personal services, and financial institutions as defined by this chapter, may be permitted as a conditional use. Such uses shall be an integral part of the design of the development and shall primarily serve the residents of the development. The development standards for the VC District shall apply.
[Added 9-20-2005 by Ord. No. 2005-02]
[1]
Editor's Note: The Table of Permitted Uses is included as an attachment to this chapter.
D. 
Density determination and dimensional standards.
(1) 
Standards for Option 1, neutral density and basic conservation.
(a) 
Density factor. One dwelling unit per the required area for the district (density factor) as shown in the following Table 119-38D(1)(a), as determined through the adjusted tract acreage approach described in Subsection D(4).
[Amended 9-20-2005 by Ord. No. 2005-02; 5-1-2014 by Ord. No. 2014-01]
Table 119-38D(1)(a)
Option 1
Neutral Density with Basic Conservation
Density Requirements for All Permitted Dwelling Types
District
Density Factor
(required area per
dwelling unit [§ 119-38D(4)])
CR Conservation Residential District
217,800 sq. ft. (5 acres)
RR Rural Residential District and R-1 Low Density Residential District
87,120 sq. ft. (2 acres)
R-2 Medium Low Density Residential District
Without either Township-approved central water supply or central sewage disposal
43,560 sq. ft.
With Township-approved central water supply or central sewage disposal
39,000 sq. ft.
With both Township-approved central water supply and central sewage disposal
20,000 sq. ft.
R-3 Medium Density Residential District
Without either Township-approved central water supply or central sewage disposal
43,560 sq. ft.
With Township-approved central water supply or central sewage disposal
39,000 sq. ft.
With both Township-approved central water supply and central sewage disposal
12,000 sq. ft.
(b) 
Minimum required conservation open space. The subdivision must include at least 50% of the adjusted tract acreage plus all of the constrained land calculated in Subsection D(4)(a), as conservation open space.
(c) 
Dimensional standards. The dimensional standards in Table 119-38D(1)(c) shall apply.
[Amended 5-1-2014 by Ord. No. 2014-01]
Table 119-38D(1)(c)
Option 1
Neutral Density and Basic Conservation
Dimensional Standards for Single-Family Detached and Twin Dwellings
Minimum individual lot area
10,000 sq. ft.
Minimum lot width at building line
80 feet
Minimum street frontage
20 feet
Flag lots
Permitted in accord with provisions of Chapter 98, Subdivision and Land Development
Setback regulations
The principal building position and orientation should be varied
Minimum front
20 feet
Minimum rear
30 feet; 20 feet where the rear setback adjoins conservation open space
Minimum side
30 feet separation of principal buildings; no side setback less than 5 feet
Maximum impervious coverage
25% per individual lot
Maximum height regulations
See § 119-28B
Dimensional standards for townhouses and rowhouses
See § 119-38D(3)
(2) 
Standards for Option 2, greater density with greater conservation.
(a) 
Density factor. One dwelling unit per the required area for the district (density factor) as shown in the following Table 119-38D(2)(a), as determined through the adjusted tract acreage approach described in § 119-38D(4). The intent is to reduce the density factor by 5%.
[Amended 9-20-2005 by Ord. No. 2005-02; 5-1-2014 by Ord. No. 2014-01]
Table 119-38D(2)(a)
Option 2
Greater Density with Greater Conservation
Density Requirements for All Permitted Dwelling Types
District
Density Factor
(required area per dwelling
unit [§ 119-38D(4)])
CR Conservation Residential District
206,910 sq. ft.
RR Rural Residential District and R-1 Low Density Residential District
82,765 sq. ft.
RR Rural Residential District and R-1 Low Density Residential District with central sewage disposal using land disposal of sewage effluent
65,340 sq. ft.
R-2 Medium Low Density Residential District
Without either Township-approved central water supply or central sewage disposal
41,380 sq. ft.
With Township-approved central water supply or central sewage disposal
37,050 sq. ft.
With both Township-approved central water supply and central sewage disposal
19,000 sq. ft.
R-3 Medium Density Residential District
Without either Township-approved central water supply or central sewage disposal
41,380 sq. ft.
With Township-approved central water supply or central sewage disposal
37,050 sq. ft.
With both Township-approved central water supply and central sewage disposal
11,400 sq. ft.
(b) 
Minimum required conservation open space. The subdivision must include at least 60% of the adjusted tract acreage plus all of the constrained land calculated in Subsection D(4)(a), as conservation open space. Conservation open space shall not be used for residential lots, except as provided below.
(c) 
Dimensional standards. The dimensional standards in Table 119-38D(2)(c) shall apply:
[Amended 5-1-2014 by Ord. No. 2014-01]
Table 119-38D(2)(c)
Option 2
Greater Density with Greater Conservation
Dimensional Standards for Single-Family Detached and Twin Dwellings
Minimum individual lot area
10,000 sq. ft. (up to 20% of total lots may be reduced to a minimum of 7,500 sq. ft.)
Minimum lot width at building line
80 feet
Minimum street frontage
20 feet
Flag lots
Permitted in accord with provisions of Chapter 98, Subdivision and Land Development
Setback regulations
The principal building position and orientation should be varied
Minimum front
20 feet
Minimum rear
30 feet; 20 feet where the rear setback adjoins conservation open space
Minimum side
25 feet separation of principal buildings; no side setback less than 5 feet
Maximum impervious coverage
30% per individual lot
Maximum height regulations
See § 119-28B
Dimensional standards for townhouses and rowhouses
See § 119-38D(3)
(3) 
Dimensional standards for townhouses and rowhouses in Option 1, neutral density and basic conservation, and Option 2, greater density with greater conservation, subdivisions. The standards in Table 119-38D(3) shall apply:
[Amended 5-1-2014 by Ord. No. 2014-01]
Table 119-38D(3)
Option 1 and Option 2 Dimensional Standards for Townhouses and Rowhouses
Minimum individual lot area
None
Maximum lot depth to width ratio
5: 1
Minimum lot width at building line
18 feet (24 feet if a 2-car garage or parking of 2 cars side-by-side is provided in the front)
Setback regulations
The principal building position and orientation should be varied
Minimum front
20 feet
Minimum rear
20 feet
Minimum side
35 feet separation of principal buildings
Maximum impervious coverage
70% per individual lot
Maximum height regulations
See § 119-28B
Maximum number of dwelling units per building
See § 119-40A(43)(a)
(4) 
Density determination for Option 1, neutral density and basic conservation, and Option 2, greater density with greater conservation, subdivisions. Applicants shall determine the maximum permitted residential building density on their properties as follows:
[Amended 9-20-2005 by Ord. No. 2005-02]
(a) 
Adjusted tract acreage approach. Determination of the maximum number of permitted dwelling units on any given property shall be based upon the adjusted tract acreage of the site. The adjusted tract acreage shall be determined by multiplying the acreage classified as being in the categories of constrained land (described below) by the numerical "density factor" for that category of constrained land, summing all factored constrained land areas, and then deducting the total from the gross tract area.
[1] 
The following areas of constrained land shall be deducted from the gross (total) tract area:
[a] 
Rights-of-way: multiply the acreage of land within the rights-of-way of existing public streets or highways, or within the rights-of-way for existing or proposed overhead rights-of-way of utility lines or any other rights-of-way by 1.0.
[b] 
Private streets: multiply the acreage of land under existing private streets by 1.0.
[c] 
Wetlands: multiply the acreage of designated wetlands by 0.95.
[d] 
Floodway: multiply the acreage within the floodway by 1.0.
[e] 
Floodplain: multiply the nonwetland portion of the one-hundred-year floodplain by 1.0.
[f] 
Steep slopes: multiply the acreage of land with natural ground slopes exceeding 25% by 0.80.
[g] 
Moderately steep slopes: multiply the acreage of land with natural ground slopes of between 15% and 25% by 0.60.
[h] 
Extensive rock outcroppings: multiply the total area of rock outcrops and boulder-fields more than 1,000 square feet by 0.90.
[i] 
Ponds, lakes and streams: multiply the acreage of ponds, lakes and streams by 1.0.
[2] 
If a portion of the tract is underlain by more than one natural feature subject to a deduction from the total tract acreage, that acreage shall be subject to the most restrictive deduction only.
[3] 
Since acreage that is contained within the public or private rights-of-way, access easements or access strips is excluded from usable lot area, any portion of these items that also contains a natural feature subject to a deduction from the total tract acreage should not be included when calculating the adjusted tract acreage.
E. 
Design standards for Option 1, basic conservation, and Option 2, greater conservation.
(1) 
Dwelling lots. Dwelling lots shall not encroach upon primary conservation areas and the layout shall respect secondary conservation areas as identified in Chapter 98, Subdivision and Land Development.
(2) 
Setbacks. All new dwellings shall meet the following setback requirements in Table 119-38E(2):
Table 119-38E(2)
Dwelling Setbacks
Dwelling Type
Setback From
Single-Family
and Twin
Townhouses Rowhouses
External road rights-of-way
100 feet
300 feet
Other tract boundaries
50 feet
200 feet
Crop land or pasture land
100 feet
Buildings or barnyards housing livestock
300 feet
(3) 
Exterior views. Views of dwellings from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping which meets the landscaping requirements of Chapter 98, Subdivision and Land Development.
(4) 
Dwelling access. Dwellings shall generally be accessed from interior streets, rather than from roads bordering the tract.
F. 
Conservation open space use and design standards. Protected conservation open space in all conservation subdivisions shall meet the following standards:
(1) 
Uses permitted on conservation open space. The following uses are permitted in conservation open space areas:
(a) 
Conservation of open land in its natural state (for example, woodland, fallow field, or managed meadow).
(b) 
Agricultural and horticultural uses, including raising crops or livestock, wholesale nurseries, associated buildings, excluding residences that are specifically needed to support an active, viable agricultural or horticultural operation. Specifically excluded are commercial livestock operations involving swine, poultry, mink, and other animals likely to produce highly offensive odors.
(c) 
Pasture land for horses used solely for recreational purposes. Equestrian facilities shall be permitted but may not consume more than half of the minimum required conservation open space.
(d) 
Silviculture, in keeping with established standards for selective harvesting and sustained-yield forestry.
(e) 
Neighborhood open space uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses specifically excluding motorized off-road vehicles, rifle ranges, and other uses similar in character and potential impact as determined by the Township.
(f) 
Active noncommercial recreation areas, such as playing fields, playgrounds, courts, and bikeways, provided such areas do not consume more than half of the minimum required conservation open space or five acres, whichever is less.
(g) 
Golf courses may comprise up to half of the minimum required conservation open space, but shall not include driving ranges or miniature golf. Their parking areas and any associated structures shall not be included within the fifty-percent minimum conservation open space requirement; their parking and access ways may be paved and lighted.
(h) 
Water supply and sewage disposal systems, and stormwater detention areas designed, landscaped, and available for use as an integral part of the conservation open space. However, water treatment plants and storage tanks, central sewage treatment plants and lagoons, and a fifty-foot buffer around such facilities shall not be included within the fifty-percent minimum conservation open space requirement. In cases where any sewage disposal system serving an individual dwelling is located in a conservation open space area, the developer shall provide for on-site system maintenance via deed covenants and restrictions or other means approved by the Township. This shall include, but not be limited to, the inspection of the on-site systems and the pumping of on-lot sewage disposal tanks at intervals of not less than three years from the date of the operation of each system.
[Amended 5-1-2014 by Ord. No. 2014-01]
(i) 
Easements for drainage, access, sewer or water lines, or other public purposes.
(j) 
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.
(2) 
Conservation open space design standards.
(a) 
Conservation areas. Conservation open space shall be laid out in general accordance with the Township's Map of Potential Conservation Lands to ensure that an interconnected network of open space will be provided. The required conservation open space consists of a mixture of primary conservation areas, all of which must be included, and secondary conservation areas. Primary conservation areas comprise those areas listed in Subsection D(4)(a) as being subtracted from the total parcel acreage to produce the adjusted tract acreage. Secondary conservation areas include special features of the property that would ordinarily be overlooked or ignored during the design process and such features are listed in Chapter 98, Subdivision and Land Development.
(b) 
In Option 1, basic conservation, and Option 2, greater conservation, subdivisions, the conservation open space shall generally remain undivided and may be owned and maintained by a homeowners' association, land trust, another conservation organization recognized by the municipality, or by a private individual or entity. The amount of land available for the common use and passive enjoyment of the subdivision residents shall be provided in accord with Chapter 98, Subdivision and Land Development. These ownership options may be combined so that different parts of the conservation open space may be owned by different entities.
(c) 
Dedication requirement. See the open space and recreation fee provisions in Chapter 98, Subdivision and Land Development.
(d) 
Buffers for adjacent public land. Where the proposed development adjoins public park, state forest or state game land, a natural conservation open space buffer at least 150 feet deep shall be provided within the development along its common boundary with such public land, within which no new structures shall be constructed. Where this buffer is unwooded, the Township may require vegetative screening to be planted, or that it be managed to encourage natural forest succession through no-mow policies and the periodic removal of invasive alien plant and tree species.
(3) 
Other requirements.
(a) 
No portion of any building lot may be used for meeting the minimum required conservation open space. However, active agricultural land with farm buildings, excluding areas used for residences, may be used to meet the minimum required conservation open space.
(b) 
Pedestrian and maintenance access shall be provided to conservation open space, excluding those lands used for permitted agricultural or horticultural purposes, in accordance with the following requirements:
[1] 
Each neighborhood shall provide one centrally located access point per 15 lots, a minimum of 35 feet in width.
[2] 
Access to conservation open space used for agriculture may be appropriately restricted for public safety and to prevent interference with agricultural operations.
G. 
Permanent conservation open space protection through conservation easements. In Option 1 and Option 2 subdivisions, the conservation open space that is required to be reserved and created through the subdivision process shall be subject to permanent conservation easements prohibiting future development and defining the range of permitted activities. (For example, the clearing of woodland habitat shall generally be prohibited, except as necessary to create trails, active recreation facilities, and to install subsurface on-lot sewage disposal systems or spray irrigation facilities.) The determination of necessity shall lie with the Township. Uses permitted in conservation open space are listed in Subsection F.
[Amended 5-1-2014 by Ord. No. 2014-01]
H. 
Ownership and maintenance of conservation open space and common facilities. The ownership and maintenance of conservation open space, open land, recreation land and common facilities shall be accomplished in accord with Chapter 98, Subdivision and Land Development.