In order to encourage a creative approach to
the use of land, a desirable visual character in residential areas
and more efficient development in terms of streets and utilities,
this article is intended to provide for a variation in lot sizes in
planned single-family residential districts in accordance with the
objectives of the Comprehensive Plan so that the present permitted
density of dwelling units contemplated by the minimum lot size requirement
set forth in this chapter and map is maintained on an overall basis
and desirable open space, tree cover, historic sites, recreation areas,
scenic vistas, stream valleys, or other land for public purposes are
preserved.
The principles, standards, and requirements
of the CL Cluster Development District may be applied to the R-2 and
R-3 Residential Districts for single-family detached dwellings and
no others.
[Amended 11-26-1990 by Ord. No. 218]
In the Cluster Development District the following
regulations shall apply:
A.
Lot area. The normal lot size required within the
R-2 and R-3 Residential Districts may be reduced a maximum of 25%
of the lot area required. The resulting overall density of tract,
exclusive of street rights-of-way, wetlands, floodplains and areas
with slopes of 15% or more, to be subdivided shall be no greater than
the individual lot density to which the area was originally zoned.
B.
Lot dimensions. Building setback, and all yard requirements
may be reduced a maximum of 15% of the required dimensions. Width
at building line may be reduced 15% provided that in no case will
road frontage for a lot be less than 50 feet.
[Amended 11-26-1990 by Ord. No. 218]
The reduced standards may be applied to a proposed development located in any of the R-2 or R-3 Residential Districts and submitted in accordance with normal procedures established by Chapter 310, Subdivision and Land Development, and the Montgomery County Planning Commission, provided the following conditions are met:
A.
The proposed subdivision must be a tract of land at
least 25 acres in area.
B.
The tract of land to be developed shall be in one
ownership or shall be the subject of an application filed by the owners
of the entire tract, and it shall be agreed that the tract shall be
developed under single direction and in the manner approved.
C.
The proposed development must be served by community
or public water and community or sanitary sewer before the cluster
concept may be applied.
D.
The areas to be set aside or reserved for park, woodlands,
conservation, playground, golf courses, tennis courts or other common
open space purposes, such as the preservation of natural features,
may be reserved for private use, in which case satisfactory arrangements
shall be made, acceptable to the Township, for the maintenance of
all such area.
E.
The location, extent, and purpose of common land proposed
to be set aside for common open space or for recreational use within
any subdivision must be reviewed and approved by the Planning Commission
before the provisions of this section apply. A private recreational
use, such as a golf course or a swimming pool, whose use is limited
to the owners or occupants of lots located within the development,
may be approved as common land. Other uses or sites which may qualify
as common land include historic buildings or sites, natural parks
and parkway areas, landscaped parks, bridle paths, landscaped walkways,
extensive areas with tree cover, and low land along streams or areas
of rough terrain where such areas are extensive and have natural features
worthy of preservation.
F.
The land area to be set aside and dedicated for permanent
preservation as common open space shall be so located and so shaped
as to be suitable for the purposes intended, and consideration shall
be given to the subsequent addition of contiguous portions of open
space lands in adjacent tracts wherever practicable.
G.
The proposed plan of development shall be submitted
to the Township Planning Commission, the Township Park and Recreation
Board, the Montgomery County Planning Commission and such other boards
as the Board of Township Commissioners may deem necessary and/or expedient
for review.
H.
If a subdivision includes the proposal to dedicate
to the Township land for park and open space use, under the cluster
development approach, the subdivision must include by dedication,
or by other reasonable means, the total park area, at the time of
filing of the final subdivision plan on all, or any portion, of the
tract or tracts.
I.
If the open land is reserved for private use it shall
be held in ownership by the owners of lots within the development
and such other nearby landowners who may wish to become members of
the corporation (in which case the open land may be restricted to
members of said corporation as said corporation may itself decide).
In the case of a corporation, the developer shall include in the deed
to the owners of the building lots a beneficial right in the use of
the common open land. If held in corporate ownership, the common open
land shall be subject to taxation, assessed in equal shares upon the
building lots comprising the corporation.
J.
The maintenance of common land for private open space
or recreational use shall be guaranteed by trust indenture approved
by the Township and shall be filed with the Recorder of Deeds of Montgomery
County simultaneously with the recording of the final plot of the
subdivision. Such common land shall be set aside by deed restrictions
for a minimum period of 99 years.
K.
Underground utilities, including telephone and electric
systems, are required within the limits of all cluster development
districts. Appurtenances to these systems which can be effectively
screened may be excepted from this requirement if the Planning Commission
finds that such exemption will not violate the intent or character
of the Cluster Development District.
L.
Normal requirements of Chapter 310, Subdivision and Land Development, pertaining to sidewalks, curbs and street width may be waived if it can be demonstrated that adequate pedestrian circulation is provided within the open space areas and unique design features (i.e., cluster of lots about a common drive) preclude the necessity for normal street width and curb.
[Amended 11-26-1990 by Ord. No. 218]
A.
The application shall be accompanied by a general
development plan showing the use or uses, dimensions and locations
of proposed areas to be reserved for recreation, public uses such
as schools and playgrounds, landscaping, and other open spaces and
architectural drawings and sketches demonstrating the design and character
of the proposed open space. Such other pertinent information shall
be included as may be necessary to determine that the contemplated
arrangement or use makes it desirable to apply regulations and requirements
differing from those ordinarily applicable under this chapter.
C.
The developer is encouraged to obtain a trained and
experienced land planner, registered architect and/or landscape architect
to prepare plans for all cluster developments, to enable the most
expeditious processing of such developments.
