[Added 7-8-2003 by Ord. No. 4-2003]
A.
Purpose. In making available the open space design
option as a site design alternative within Londonderry Township, it
is the intent of the Township to:
(1)
Contribute to ongoing retention of the Township's
prime agricultural soils for farming purposes;
(2)
Conserve and protect the Township's groundwater resources,
as well as other unique and sensitive natural resources including
streams, floodplains, hydric soils, steep slopes, woodlands, and wildlife
habitat areas, which are appropriate to remain undisturbed or experience
minimal impacts;
(3)
Enable protection of scenic vistas from encroachment
by development;
(4)
Minimize potential adverse impacts from new residential
development on adjacent properties devoted to agricultural uses;
(5)
Retain and protect open space within residential development
for enjoyment by Township residents and landowners;
(6)
Permit new development that is compatible with existing
uses, architecture, landscapes, and community character;
(7)
Encourage cost-effective, flexible, and environmentally
sensitive site planning; and
(8)
Provide an opportunity for flexibility in lot designs
and building arrangement not afforded by conventional lot-by-lot development.
B.
Eligibility.
(1)
To be eligible for use under the open space design
option, the tract to be developed must contain a net tract area of
not less than that specified in the applicable district regulation.
(2)
To utilize this design option, a tract of land must
be held in single and separate ownership or, in the case of multiple
owners, the tract shall be developed according to a single plan with
common authority and responsibility.
(3)
Single-family detached dwellings shall be the only
permissible dwelling type in an open space design development.
(4)
No property or portion thereof shall be included as
part of the gross area of an open space design development tract for
purposes of qualifying as restricted open space or calculating density,
impervious surface, or net or gross tract area requirements of this
section, where such property or portion thereof is subject to an existing
conservation easement that has extinguished development rights associated
with the property or portion thereof.
[Added 10-9-2007 by Ord. No. 6-2007]
C.
Design guidelines and standards.
(1)
The maximum number of lots permitted shall be determined
by establishing the net area of the tract, as defined by this chapter,
and thereafter multiplying the resulting net acreage by a factor specified
in the applicable district regulation.
(2)
The minimum area of restricted open space to be provided shall be as specified in the applicable district regulation. Such restricted open space must meet the standards contained in Section 170-46D, below.
[Amended 10-9-2007 by Ord. No. 6-2007]
(4)
Those portions of the tract that fall within the SSC Steep Slope Conservation District shall comply with the terms of Article XV of this chapter.
(5)
Lots containing single-family detached dwellings shall
comply with the following area and bulk regulations:
[Amended 11-10-2009 by Ord. No. 05-2009]
(6)
Dwellings that are part of an open space design option shall be served by individual on-lot sewage systems, consistent with the Londonderry Township Sewage Facilities (Act 537) Plan and subject to demonstration of compliance with all applicable regulations of the Chester County Health Department and/or the Pennsylvania Department of Environmental Protection. Applicants also shall demonstrate compliance with § 130-49 of Chapter 130, Subdivision and Land Development. Both the primary and replacement areas for an individual on-lot sewage system shall be located within the lot they serve. The applicant shall present documentation from the Pennsylvania Department of Environmental Protection that each proposed lot contains adequate lot area to satisfy this requirement.
[Amended 9-25-2006 by Ord. No. 2-06]
(7)
Dwellings that are part of an open space design option shall be served by individual water supply systems. The individual water supply system shall be located on the lot it serves, and no individual water supply system may be located within any area of restricted open space. The applicant shall present documentation from the Pennsylvania Department of Environmental Protection that each proposed lot contains adequate lot area to satisfy this requirement. Applicants also shall demonstrate compliance with § 130-50 of Chapter 130, Subdivision and Land Development. Unless clearly infeasible, as demonstrated by the applicant, the individual water supply system shall be located in the front yard of the lot, so as to:
[Amended 9-25-2006 by Ord. No. 2-06]
(8)
Proposed dwelling units, individual on-lot sewage
systems, and accessory buildings within an open space design tract
shall be sited in such a way as to present the minimal disturbance
to existing and future agricultural potential on the balance of the
tract and surrounding properties. The applicant shall demonstrate
that, unless clearly infeasible due to soil characteristics or natural
constraints:
[Amended 9-25-2006 by Ord. No. 2-06]
(a)
No portion, or the smallest portion feasible, of the site which contains Class I, Class II, and Class III agriculturally suitable soils will be devoted to the residentially developed portion of the site, consistent with § 130-55B(1) of Chapter 130, Subdivision and Land Development.
D.
Standards for restricted open space.
(1)
Configuration.
(a)
Restricted open space shall be configured so
as to achieve, to the greatest extent practical within the design
of the site, the conservation of features identified as having particular
conservation value or historical significance in the Londonderry Township
Comprehensive Plan. Particular attention shall be paid to designing
restricted open space areas in a manner that minimizes impacts from
the proposed residences upon prime agricultural soils and active farmland.
Restricted open space shall be physically separated, through fencing,
hedgerow. or other means acceptable to the Township, from any adjacent
land that is used for agricultural purposes.
[Amended 9-25-2006 by Ord. No. 2-06]
(c)
The restricted open space shall be located and
designed so as to minimize intrusive effects of the new development
upon public and private views, both on- and off-site.
(d)
Any area designated as restricted open space
shall extend not less than 100 feet in the narrowest dimension at
any point, except that the minimum width may be reduced to not less
than 10 feet where the land is being used solely as a trail connector
between areas of open space and/or dwelling units.
(e)
Restricted open space may not be occupied by
impervious surfaces, except where such surface is associated with
a recreation facility or a retained historic structure.
(f)
Where development under the open space design
option is planned to occur in two or more development phases, a proportionate
amount of restricted open space shall be designated, permanently protected,
and recorded with each phase.
(2)
Ownership.
[Amended 9-25-2006 by Ord. No. 2-06]
(a)
For any area of restricted open space proposed
as part of an open space design development, the Township shall have
the right of first refusal to take ownership of some or all of said
open space. The Township may lease back restricted open space lands
to, or enter into a contract with, any party, including, but not limited
to, the landowner at the time of application for development, the
developer or his heirs or assigns, an agricultural enterprise, the
homeowners' association, or a conservation organization, for the purposes
set forth in this section.
(b)
Where the Township chooses not to own the restricted
open space, it shall be owned, managed, and maintained by either of
the following entities:
(3)
Management and use.
[Amended 12-22-2003; 9-25-2006 by Ord. No. 2-06]
(a)
Restricted open space may be used and managed
for any of the following purposes, or combinations thereof:
[1]
Crop or pasture land;
[2]
Cultivation of nursery stock or orchard trees;
[3]
Woodland, meadow, wetland, game preserve, or
similar conservation-oriented area;
[4]
Park or outdoor recreation area; and
[5]
Stormwater management facilities serving the
development, when in compliance with the terms of Subsection D(3)(d),
below.
(b)
A portion of the restricted open space area may be designated and designed for active recreational use to serve the needs of the residents of the development and, as deemed appropriate by the Township and acceptable to the applicant, other residents of the Township. The proposed area must be deemed by the Township to be satisfactory in size, location, and characteristics to meet the need for recreational land and facilities. The standards for active recreation land and facilities, or a fee in lieu of such land and facilities, in § 130-52 of Chapter 130, Subdivision and Land Development, shall be applicable.
(c)
Regarding the use of restricted open space areas
for stormwater management purposes:
[1]
The following may be included within, and may
be calculated as part of, restricted open space areas, as specified
in Subsection D(3)(a)[6], above: areas devoted to stormwater management
techniques utilizing green technology best management practices, excluding
detention or retention basins but including areas designed to achieve
sustained or enhanced groundwater recharge, bioretention, infiltration,
and maintenance of the predevelopment hydrology.
[2]
The Board of Supervisors, at its sole discretion, may reduce or eliminate the eligibility of land used for such facilities to be included in the calculation of required minimum restricted open space area where it determines that such facilities could cause the affected open space to be unsuitable and ineligible for other open space uses provided in Subsection D(3)(a), above.
[3]
Except where specifically approved by the Board
of Supervisors, no area devoted to stormwater management facilities
or techniques may be included in any restricted open space area owned
by Londonderry Township or by any recreation authority of which the
Township is a member.
E.
Protection of restricted open space by conservation
easement.
(1)
All areas designated as restricted open space shall
be subject to a conservation easement prohibiting in perpetuity any
further subdivision or development of the open space. The easement
shall set forth general terms for use, conservation, and maintenance
of the open space, as established by the Board in relation to the
conservation objectives to be achieved by creating the restricted
open space. The easement shall not impose limits on agricultural practices
and uses within the restricted open space.
(2)
The conservation easement shall be granted in favor
of a qualified conservation organization or, at the Township's discretion,
in favor of the Township. The Township shall be under no obligation
to accept easements on restricted open space.
F.
Open space management plan.
(1)
Conceptual plan.
(a)
As part of the preliminary subdivision plan
for development of the tract under the open space design option, the
applicant shall submit a conceptual plan for the long-term management
of the restricted open space which is to be created as part of the
development. Such a plan shall include discussion of:
[1]
The manner in which the restricted open space
will be owned and by whom it will be managed and maintained;
[2]
The conservation, land management, and agricultural
techniques and practices which will be used to conserve and perpetually
protect the restricted open space, including conservation plans approved
by the Chester County Conservation District where applicable;
[3]
The professional and personnel resources that
will be necessary in order to maintain and manage the property;
[4]
The nature of public or private access that
is planned for the restricted open space; and
[5]
The source of money that will be available for
such management, conservation, and maintenance on a perpetual basis.
(2)
The conceptual management plan shall be transformed
into a more detailed open space management plan and presented to the
Township for review and approval as part of the final subdivision
application. The Board of Supervisors may require that the detailed
management plan be recorded with the final subdivision plan in the
office of the Recorder of Deeds of Chester County.
(3)
In order to allow for the changing needs inherent
in the perpetual management of land, the detailed management plan
shall contain a provision allowing it to be changed upon written application
to and approval by the Board of Supervisors, so long as the proposed
change is feasible and consistent with the purposes of conservation
of open space set forth in this article and the plan for such change
avoids the likelihood that the obligation for management and maintenance
of the land will fall upon the Township without the consent of the
Board.
A.
Any application for conditional use approval for conventional single-family residential development proposing more than three dwelling units, as authorized in this chapter, shall be evaluated and decided upon by the Board of Supervisors in relation to the requirements of this article and the standards and procedures set forth in § 170-157.
B.
Prior to submitting a formal application for conditional
use approval, the applicant shall submit a generalized site plan to
the Township Planning Commission and shall meet with the Planning
Commission to discuss the proposed plan's relationship to the Township's
community development objectives and to matters of recreation, open
space, resource conservation, traffic and access management, agricultural
preservation, and/or visual quality and rural character. In its subsequent
recommendation to the Board of Supervisors concerning the formal application
for conditional use approval, the Planning Commission will note any
issues raised during its review of the generalized site plan and the
degree to which the formal application has addressed and resolved
those issues.
C.
In reviewing any application for conditional use approval as a conventional single-family residential development, the Board shall examine and weigh the degree to which it complies with the specific purposes, area and bulk regulations, and site design and development standards in § 170-46 of this article.
D.
The Board also shall review any such application in
relation to the following factors:
(1)
Protection of natural historic, and scenic resources; mitigation of potential impacts. The applicant shall submit for the Board's review a site analysis and impact assessment as called for under the conservation plan requirements of § 130-27D of Chapter 130, Subdivision and Land Development. This plan must demonstrate, to the Board's satisfaction, how the proposed design and development of the site using conventional lot layout and not employing an open space design option, will protect, to the maximum extent practical, the identified site resources.
(2)
Compatibility with adjacent properties and uses. The
applicant shall demonstrate how the proposed site design will produce
a residential development that is consistent with permitted and existing
uses on adjacent tracts. In particular, any site plan will be evaluated
in terms of:
(a)
How well the siting of new dwelling units protects
existing farmland and open space resources on adjacent tracts from
the impacts of development;
(b)
How the retention of existing vegetation and
the installation of new landscaping materials protects traditional
views of and across the proposed tract; and
(c)
How the size, configuration, and location of
the proposed lots achieves compatibility with adjoining residential
development.
(3)
Ability to utilize the open space design option. The
applicant shall document site characteristics that make the use of
the open space design option infeasible or inappropriate in terms
of the objectives to be achieved by that option.
