The primary purpose of the Neighborhood Overlay (NOD) District
is to encourage a creative use of the land, the creation of preserved
and usable open space areas throughout the Township and more-efficient
development patterns in terms of roads and utilities. Specifically,
this article provides for a reduction in lot sizes and an increase
in density from that which may normally be permitted in the underlying
districts, allowing larger amounts of significant natural features
and environmental amenities to be preserved as open space. The placement
and design of the open space shall aid in reducing the perceived intensity
of development, preserve views from exterior roads and encourage expansion
of the Township's trail system.
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 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.
C. To preserve views from existing exterior roads and reduce the perceived
intensity of the development.
D. To provide an appropriate mix of housing types compatible with nearby
uses.
E. To provide Township residents with additional pedestrian access between
residential communities and open space areas, through the use of walking
trails.
F. To implement the goals of the Indian Valley Regional Comprehensive
Plan.
G. To provide for the preservation and maintenance of open land within
the municipality to achieve the above-mentioned goals, and for active
and passive recreation use by residents.
The NOD District is established as overlay zoning in specific residentially zoned areas as designated on the Zoning Map. Any lot, land or tract of ground within the bounds of the NOD District may be developed in accordance with the underlying district or in accordance with the NOD District. As to those areas qualifying for NOD 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:
A. The tract must be located within the "Designated Grown Area" as identified
by the Indian Valley Regional Comprehensive Plan.
B. The tract must have frontage on a major collector road or higher
classification.
C. Tract size. The tract of land to be developed shall not be less than
50 acres in area.
D. The development shall be served by public water and sewer facilities.
E. 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.
The following uses are permitted by conditional use in the NOD
District:
A. Single-family detached dwellings.
Under NOD standards, 40% of each tract is required to be set
aside as protected 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)
Passive recreation, including, but not limited to, trails, picnic
areas, community gardens and lawn areas.
(3)
Active recreation, including, but not limited to, pocket parks,
playing fields, playgrounds, and courts.
(5)
Municipal water and sewer facilities.
(6)
Easements for drainage, access, sewer or water lines or other
public purposes.
(7)
Stormwater management facilities for the proposed development
or for a larger area in compliance with a watershed stormwater management
plan.
(8)
Aboveground utility and road rights-of-way, except that their
land areas shall not count toward the required minimum 50% total open
land requirement.
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.
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, and 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:
The ownership, maintenance and operation of common facilities and open spaces shall be in accordance with §
145-185.