[Added 4-13-1992 by Ord. No. 188]
The primary purpose of the Open Space Residential (OSR) District is to permit a reasonable amount of residential development in the form of small, compact neighborhoods of single-family detached homes in an open space setting, located and designed to reduce the perceived intensity of development, preserve natural features and farmland and provide privacy and neighborhood identity. Specific objectives are as follows:
A. 
To preserve 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 preserve scenic views and elements of the municipality's rural character and to minimize perceived density by minimizing views of new development from existing roads.
C. 
To provide greater design flexibility and efficiency in the siting of services and infrastructure by reducing the length of roads, utility runs and the amount of paving required for residential development.
D. 
To create compact neighborhoods with direct visual access to open land with amenities in the form of neighborhood open space and with a strong neighborhood identity.
E. 
To implement the goals of Franconia Township's Comprehensive Plan and Open Space/Recreation Plan.
F. 
To reduce erosion and sedimentation by the retention of existing vegetation and the minimization of development on steep slopes.
G. 
To create new woodlands through natural succession and reforestation where appropriate, and to encourage the preservation and improvement of habitat for various forms of wildlife.
H. 
To preserve areas of the municipality with productive agricultural soils for continued or future agricultural use by preserving blocks of land large enough to allow for efficient farm operations.
I. 
To provide for the preservation and maintenance of open land within the municipality to achieve the above-mentioned goals and for active or passive recreational use by residents.
[Amended 10-14-1996 by Ord. No. 242]
A. 
The OSR District is established as overlay zoning in specific residentially zoned areas designated on the Zoning Map.[1] As to those areas qualifying for OSR overlay zoning, conditional use approval is required pursuant to the procedures of § 145-28.2. An applicant for conditional use approval shall demonstrate compliance with the requirements of this article. The following eligibility criteria shall apply:
(1) 
The minimum tract area must be 15 acres.
(2) 
Municipal water and sewer service shall be provided.
(3) 
The tract of land to be developed shall be in a single ownership or shall be the subject of an application filed jointly by all the owners of the entire tract who shall stipulate that the entire tract will be developed in accordance with the approved plan.
[1]
Editor's Note: The Zoning Map is on file in the Township offices.
B. 
The regulations of this article shall also apply to areas specifically zoned as OSR Districts where designated on the Zoning Map. Development of areas zoned OSR shall meet the eligibility requirements of Subsection A of this section and shall comply with all other requirements of this article.
The following are permitted uses in the OSR District:
A. 
Single-family detached dwellings. Standard single-family detached dwellings are permitted under the neighborhood design standards herein, at a maximum density of 1.10 dwelling units per developable acre, with at least 50% of the tract in open land.
B. 
Family day-care home, as defined in § 145-5, pursuant to the standards of Article XXXI.
[Added 3-11-1996 by Ord. No. 232[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsections B, C and D as Subsections D, E and F, respectively.
C. 
Group day-care home, as defined in § 145-5, as a conditional use, pursuant to the standards of Article XXXI.
[Added 3-11-1996 by Ord. No. 232[2]]
[2]
Editor's Note: This ordinance also redesignated former Subsections B, C and D as Subsections D, E and F, respectively.
D. 
Open land comprising a portion of a residential development, as specified above and according to the requirements of § 145-184.
E. 
The following nonresidential uses:
(1) 
Agricultural activities of the following types:
(a) 
The cultivation and harvesting of crops and related farm products.
(b) 
Orchards, nurseries, greenhouses and related horticultural uses.
(2) 
Open space uses, primarily passive in nature, including a wildlife sanctuary, forest preserve, nature center and similar uses.
(3) 
Parks and recreation areas for nonintensive uses, including golf courses (excluding driving ranges or miniature golf), hiking, bicycling or bridle trails, picnic areas, playing fields and similar uses.
F. 
Accessory uses on the same lot with and customarily incidental to any permitted use.
The initial application for a subdivision under the OSR District shall meet the Township's requirements for preliminary plans, as found in § 122-10 of Chapter 122, Subdivision and Land Development. The proposal shall also address:
A. 
Visual resources. Scenic views onto the tract from surrounding roads and public areas, as well as views of scenic features from within the tract.
B. 
Cultural and historic resources. Brief descriptions of the historic character of buildings and structures, if applicable.
The following standards apply to all residential developments in the OSR Overlay District, except for estate lots:
A. 
All lots shall be grouped into neighborhoods which shall contain at least five, but no more than 25, lots and are surrounded by open land.
B. 
The maximum or minimum number of lots in a neighborhood may be increased or decreased, and neighborhoods may be assembled into larger groupings with the approval of the governing body. However, the applicant must demonstrate that such an alternative plan is more appropriate for the tract in question and will meet both the general intent and design standards of this section, rather than being intended solely for economic savings.
C. 
Neighborhoods are defined by the outer perimeter of contiguous lotted areas or abutting roads and may contain lots, roads and neighborhood open space.
D. 
A plan may contain one or more neighborhoods.
E. 
The outer boundaries of each neighborhood shall meet the setback requirements specified in § 145-187, Dimensional standards.
F. 
Neighborhoods shall be located on areas of the tract which are relatively free of sensitive environmental features. At a minimum, neighborhoods shall not encroach upon:
(1) 
Floodplains or wetlands.
(2) 
Lands designated for open space in the Municipal Comprehensive Plan.
G. 
Disturbance to woodlands, hedgerows, mature trees or other significant vegetation shall be minimized.
H. 
Loss of prime farmland soils and large tracts of contiguous land suitable for agricultural use shall be minimized.
I. 
Neighborhoods shall be defined and separated by open land in order to provide direct access to open space and privacy to individual yard areas. Neighborhoods may be separated by roads if the road right-of-way is designed as a parkway and meets the setback requirements in § 145-187C.
J. 
Views of neighborhoods from exterior roads shall be minimized by the use of changes in topography, existing vegetation or additional landscaping.
K. 
All lots in a neighborhood shall take access from interior roads, rather than roads exterior to the tract.
L. 
All lots in a neighborhood shall face neighborhood open space or other open land (directly or across a road) to either the front or the rear for a distance of no less than 30 feet.
M. 
Neighborhood open space standards. A neighborhood with 10 or more residential lots must provide neighborhood open space at a minimum rate of 1,000 square feet per lot, in compliance with the following standards:
(1) 
The open space shall be central to the neighborhood it serves.
(2) 
The open space shall have a minimum of 100 feet of road frontage and a minimum average width of 35 feet.
(3) 
It shall be configured as a green or parkway.
(a) 
A green shall be located in a central position in the neighborhood and shall be surrounded by streets and/or building lots on at least three sides. It shall be designed and landscaped as a space for common neighborhood use.
(b) 
A parkway is a narrow strip of open space surrounded by streets on all sides and generally intended for a smaller neighborhood. It shall be designed as a space for neighborhood use.
(4) 
It may contain stormwater detention basins or parking areas, but these shall not be included in the required 1,000 square feet per lot.
(5) 
Neighborhood open space shall count towards meeting the 50% open land requirement of the OSR District.
Under the neighborhood standards, 50% of each tract is required to be set aside as protected common open space. This open land area shall meet the following standards:
A. 
The following uses are permitted in common open space areas:
(1) 
Conservation of open land in its natural state (for example, woodland, fallow field or managed meadow);
(2) 
Agricultural uses and farm buildings.
(3) 
Neighborhood open space as specified in § 145-183M.
(4) 
Passive recreation, including but not limited to trails, picnic areas, community gardens and lawn areas.
(5) 
Active recreation areas such as golf courses, playing fields, playgrounds and courts, meeting the setback requirements in § 145-187C.
(6) 
Municipal water and sewer facilities.
(7) 
Easements for drainage, access, sewer or water lines or other public purposes.
(8) 
Stormwater management facilities for the proposed development or for a larger area in compliance with a watershed stormwater management plan (adopted in accord with Act 167[1]).
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
(9) 
Parking areas of 10 or fewer spaces where necessary to serve active recreation facilities.
(10) 
Aboveground utility and road rights-of-way, except that their land areas shall not count toward the required minimum 50% total open land requirement.
(11) 
Estate lots meeting the following standards:
(a) 
A minimum size of five or 20 acres shall be required, of which a maximum of one acre may be developed with a single-family detached dwelling and customary accessory uses. Only the undeveloped portion of the estate lot may be used to meet the 50% open land requirements.
(b) 
The one acre of the estate lot that may be developed shall include any portion of the site not left in its natural state or used for agricultural purposes: all dwellings, accessory buildings and structures, paved areas, lawns and gardens, etc.
(c) 
The developed area of the estate lot shall meet the neighborhood setback standards listed in § 145-187C, with the exception of § 145-187C(4) and (5).
(d) 
Estate lots shall be restricted by permanent easement against further subdivision.
(e) 
Dwellings on estate lots shall be counted toward the maximum density permitted on a tract.
(f) 
Dwellings on estate lots shall be sited according to the same principals as neighborhoods, as per § 145-183, Neighborhood design standards. Specifically, dwellings shall not encroach on environmentally sensitive areas and should not infringe upon scenic views from exterior roads or from neighborhoods.
B. 
Open land areas shall be located and designed to:
(1) 
Protect site features identified in the inventory and analysis as having particular value in compliance with the intent of this section.
(2) 
Comply conceptually with the recommendations of Franconia's Open Space Plan and/or Comprehensive Plan, where specified.
(3) 
Maximize common boundaries with open land on adjacent tracts, as shown in the Comprehensive Plan, where specified.
C. 
Safe and convenient pedestrian and maintenance access shall be provided to open land areas.
(1) 
Each neighborhood shall provide one centrally located access point per 25 lots, a minimum width of 50 feet.
[Amended 10-14-1996 by Ord. No. 242]
(2) 
Access to open land used for agriculture may be appropriately restricted for public safety and to prevent interference with agricultural operations.
D. 
The following are prohibited in open land areas:
(1) 
Use of motor vehicles except within approved driveways and parking areas. Maintenance, law enforcement, emergency and farm vehicles are permitted as needed.
(2) 
Cutting of healthy trees, regrading, topsoil removal, altering, diverting or modifying watercourses or bodies, except in compliance with a land management plan for the tract in question, conforming to customary standards of forestry, erosion control and engineering.
E. 
Natural features shall generally be maintained in their natural condition but may be modified to improve their appearance, functioning or overall condition, as recommended by experts in the particular area being modified. Permitted modifications may include:
(1) 
Reforestation.
(2) 
Woodland management.
(3) 
Meadow management.
(4) 
Buffer area landscaping.
(5) 
Streambank protection.
(6) 
Wetlands management.
A. 
Purpose. The purpose of this section is to ensure adequate planning for operation and maintenance of open land, recreation facilities, sewage facilities, water supply facilities, stormwater management facilities, common parking areas and driveways, private streets and any other common or community facilities (hereinafter referred to as "common facilities").
B. 
Ownership. The following methods may be used, either individually or in combination, to own common facilities; however, open land must be initially offered for dedication to the municipality. Common facilities shall not be transferred to another entity except for transfer to another method of ownership permitted under this section, and then only when there is no change in the common facilities or in the open space ratio of the overall development. Ownership methods shall conform to the following:
(1) 
Fee simple dedication to the municipality. Franconia Township may but shall not be required to accept any portion of the common facilities, provided that:
(a) 
Any common facilities shall be freely accessible to the residents of the Township;
(b) 
There shall be no cost to the Township involved; and
(c) 
The Township agrees to and has access to maintain such facilities.
(2) 
Homeowners' association. Common facilities may be held in common ownership by a homeowners' association, subject to all of the provisions for homeowners' associations set forth in Article VII of the Pennsylvania Municipalities Planning Code.[1] In addition, the following regulations shall be met:
(a) 
The applicant shall provide to the municipality a description of the organization, including its bylaws, and all documents governing ownership, maintenance and use restrictions for common facilities. These items must be submitted to the Township prior to the release of final building permits.
(b) 
The organization shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before the sale of any dwelling units in the development.
(c) 
Membership in the organization shall be mandatory for all purchasers of dwelling units therein and their successors and assigns.
(d) 
The organization shall be responsible for maintenance and insurance of common facilities.
(e) 
Written notice of any proposed transfer of common facilities by the association or the assumption of maintenance for common facilities must be given to all members of the organization and to the Township no less than 30 days prior to such event.
(f) 
The organization shall have or hire adequate staff to administer, maintain and operate such common facilities.
[1]
Editor's Note: See 53 P.S. § 10701 et seq.
(3) 
Dedication of easements to the Township or county. Franconia Township or the county may, but shall not be required to, accept easements for public use of any portion of the common facilities. In such cases, the facility remains in the ownership of the individual, condominium or homeowners' association while the easements are held in public ownership. The county shall accept such easements only in accordance with Act 442, The Open Space Acquisition Act[2] and county plans. In addition, the following regulations shall apply:
(a) 
There shall be no cost of acquisition to the municipality or the county.
(b) 
Any such easements for public use shall be accessible to the residents of the municipality.
(c) 
A satisfactory maintenance agreement shall be reached between the owner and the municipality or the county.
[2]
Editor's Note: See 32 P.S. § 5001 et seq.
(4) 
Transfer to a private conservation organization. With permission of the municipality, an owner may transfer either the fee simple title, with appropriate deed restrictions running in favor of the municipality, or easements to a private nonprofit conservation organization, provided that:
(a) 
The organization is acceptable to the municipality and is a bona fide conservation organization with perpetual existence.
(b) 
The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions.
(c) 
A maintenance agreement acceptable to the municipality is established between the owner and the organization.
C. 
Maintenance and operation of common facilities.
(1) 
The applicant shall, at the time of preliminary plan submission, provide a plan for the maintenance and operation of common facilities. Such plan shall:
(a) 
Define ownership.
(b) 
Establish necessary regular and periodic operation and maintenance responsibilities.
(c) 
Estimate staffing needs, insurance requirements and associated costs and define the means for funding on an ongoing basis from year to year. Such funding plan shall include means for funding long-term capital improvements as well as regular yearly operating and maintenance costs.
(2) 
At the municipality's discretion, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common facilities for up to one year.
(3) 
In the event that the organization established to maintain common facilities, or any successor organization thereto, fails to maintain all or any portion of the common facilities in reasonable order and condition, the municipality may, in accordance with Article VII of the Pennsylvania Municipalities Planning Code,[3] assume responsibility of maintenance, in which case any escrow funds may be forfeited and any permits may be revoked or suspended.
[3]
Editor's Note: See 53 P.S. § 10701 et seq.
(4) 
The municipality may enter the premises and take corrective action. The costs of such corrective action may be charged to the property owner or homeowners' association and may include administrative costs and penalties as stipulated in Article XXV of this chapter. Such costs shall become a lien on said properties. Notice of such lien shall be filed by the municipality in the office of the Prothonotary of the county.
[Amended 11-19-2018 by Ord. No. 400]
Density shall be calculated based on the tract's developable acreage, as defined in this chapter. To determine the number of units permitted on a given site, multiply the developable acreage by 1.10 dwelling units per developable acre.
A. 
Standard single-family detached dwellings:
(1) 
Minimum tract size: 15 acres.
(2) 
Minimum common open space (percentage of gross acreage): 50%.
(3) 
Maximum density (based on developable acreage): 1.10 dwelling units per one acre.
(4) 
Minimum lot size: 12,000 square feet.
(5) 
Minimum lot width: 75 feet.
(6) 
Minimum front yard: 25 feet.
(7) 
Minimum side yard: 10/25 feet aggregate, except that an accessory use structure may be erected and maintained within the rear quarter of the lot if not closer to the side lot line than five feet. Accessory use structures shall not be permitted in any side yard abutting a street.
[Amended 6-8-1998 by Ord. No. 262]
(8) 
Minimum rear yard: 25 feet, except that an accessory use structure may be erected within the rear yard not closer to the rear property line than five feet.
[Amended 6-8-1998 by Ord. No. 262]
(9) 
Maximum building coverage (percentage of lot area): 18%.
B. 
Estate lot standards. The following standards apply to single-family detached dwellings on estate lots located in open land areas, in conjunction with neighborhood development. These standards also apply to nonresidential uses under § 145-181C.
(1) 
Minimum estate lot size:
(a) 
Tract size of 10 to 19 acres: five acres.
(b) 
Tract size of 20 to 29 acres: 10 acres.
(c) 
Tract size of 30 acres or more: 15 acres.
(2) 
Maximum developed area (lot width and setbacks pertain to developed area of lot): one acre.
(3) 
Minimum lot width: 150 feet.
(4) 
Minimum front yard: 40 feet.
(5) 
Minimum side yard: 25/60 feet aggregate.
(6) 
Minimum rear yard: 40 feet.
(7) 
Maximum building coverage: 15% of developed area.
C. 
Neighborhood setbacks. The outer boundaries of all neighborhoods shall meet the following setbacks. The boundary is defined as the outer edge of lots abutting open land, or of roads adjacent to the fronts of those lots.
(1) 
From external arterial road ultimate rights-of-way, (including limited-access roads) or from scenic roads, if defined in the Comprehensive Plan: 200 feet.
(2) 
From all other external road ultimate rights-of-way: 100 feet.
(3) 
From all tract boundaries: 100 feet.
(4) 
From cropland or pasture land: 100 feet.
(5) 
From buildings or barnyards housing livestock: 300 feet.
(6) 
From other residential neighborhoods: 100 feet.
(7) 
From wetlands, floodplains or watercourses: 25 feet.
(8) 
From active recreation areas such as courts or playing fields: 150 feet.
(9) 
All setback areas along roads shall be landscaped according to the standards of the Chapter 122, Subdivision and Land Development, in order to preserve scenic views and integrate the neighborhood into the surrounding landscape.
(10) 
Setback standards may be reduced by the Board of Supervisors under the following circumstances:
(a) 
Setback from roads may be reduced to a minimum of 50 feet if the applicant can demonstrate that existing vegetation and/or topography form an effective visual buffer along these roads.
(b) 
All other setbacks may be reduced to half of the requirement specified above if the applicant can demonstrate that reduced setbacks improve the plan's compliance with the neighborhood design standards in § 145-183, the intent of this article and other goals of the Comprehensive Plan.
Development under the standards of this article may be phased and estate lots may be subdivided prior to neighborhood development, in accordance with a unified development plan for the entire tract and the following requirements:
A. 
An inventory and analysis of the entire tract shall be completed in accordance with § 145-182, Application requirements.
B. 
The unified development plan for the tract shall be approved as a sketch plan and shall be made a part of a binding development agreement between the applicant and the Township.
C. 
When estate lots are subdivided prior to neighborhood development, the following standards shall apply:
(1) 
If neighborhood development is desired in the future, the plan must be designed so that sufficient land area is set aside in a suitable configuration for that purpose.
(2) 
The maximum density permitted within the neighborhood development shall be based upon the acreage of the original tract, minus the dwelling units on the estate lots.
(3) 
The estate lots shall be restricted from further subdivision by permanent easement when they are created.
(4) 
Any further neighborhood development shall be consistent with the approved sketch plan and development agreement.