The purpose of this article is to:
A.
Provide a voluntary tool allowing for greater flexibility in the
design of new residential subdivisions;
B.
Protect interconnected networks of open spaces and natural resources
across the community;
C.
Allow for flexibility in the development of parcels with unique physical
attributes and/or natural superlatives;
D.
Allow for the creation of effective buffers between new residential
neighborhoods and working land adjoining those developments;
E.
Provide tools and permanent open space for the establishment of recreational
amenities for the residents of the community; and
F.
Support related strategies as identified in the Township's Comprehensive
Plan.
The objectives of this article are to:
Conservation developments are permitted in the following base
Zoning Districts: R1, R2 and R3.
As used in this article, the following terms shall have the
meanings indicated:
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products and in the production, harvesting and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural and
aquacultural crops and commodities. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged
in by farmers or are consistent with technological development within
the agricultural industry.
The zoning district, as enumerated in § 250-11 of this chapter.
The theoretical number of maximum number of housing units
permitted on a parcel, expressed as a multiplication of the maximum
gross density for the zoning district by the gross acreage of the
parcel.
The theoretical maximum number of dwelling units permitted
per acre on a parcel, prior to the consideration of any constraints
to development on the parcel.
The maximum number of dwelling units permitted per acre of
adjusted tract acreage in a conservation development.
The maximum number of dwelling units permitted per acre by
this chapter in a conservation development. External considerations,
such as sewer capacity, are not addressed in this calculation and
may further impact the actual number of units that can be built in
accordance with local and state law.
The intermediary, theoretical maximum number of dwelling
units on a parcel, expressed as a division of the gross yield by the
adjusted tract acreage for the parcel.
Land that does not include any of the following:
Existing or proposed rights-of-way.
Existing or proposed public or private streets.
Land within floodways.
Land classified as wetlands.
Land with the one-hundred-year floodplain.
Land with natural ground slopes greater than 15%.
Land where the total area of rock outcrops and boulder fields
covers more than 1,000 square feet.
A.
The minimum parcel acreage of a conservation development shall be
no less than five acres.
B.
The maximum parcel acreage of a conservation development shall be
no more than 25 acres.
C.
Permitted uses in each district shall be limited to those permitted
in the applicable zoning district.
G.
Up to two flag lots may be permitted per street or block in a conservation
development in order to allow for flexibility of design. Flag lots
shall have a minimum lot frontage of 30 feet when measured at the
public right-of-way.
A.
Alternative design solutions that comply with the purpose and objectives
of this chapter may be submitted to the Township Manager and Planning
Commission for review and consideration by the Board of Supervisors.
In order to determine the maximum allowable density and number
of dwelling units for a proposed conservation development, the following
three tables must be completed. The calculations identify a theoretical
maximum number of dwelling units that could be built on a parcel with
no constraints, establish an adjusted tract acreage for the parcel
accounting for land that is undevelopable or subject to restrictions
and, finally, set a maximum yield of dwelling units for the parcel
in question, based on the calculations herein and a neighborhood compatibility
figure.
A.
Determine gross yield of the parcel.
a
|
Total parcel area
|
_____ acres
| ||
b
|
Zoning district gross density
|
x
|
_____ dwelling units/acre
| |
c
|
Gross yield
|
=
|
_____ dwelling units
|
B.
Adjusted tract acreage of the parcel.
Line
|
Type of Land
|
Gross Acres
|
Density Factor
|
Adjusted Acres
| |||
---|---|---|---|---|---|---|---|
a
|
All land within the rights-of-way of existing or proposed
public streets or highways or within the rights-of-way of utility
lines
|
_____
|
x
|
0.00
|
=
|
_____
| |
b
|
All land under existing or proposed private streets
|
_____
|
x
|
0.00
|
=
|
_____
| |
c
|
All land within a floodway
|
_____
|
x
|
0.00
|
=
|
_____
| |
d
|
All land classified as wetlands
|
_____
|
x
|
0.05
|
=
|
_____
| |
e
|
All land within the nonwetland portion of the one-hundred-year
|
_____
|
x
|
0.50
|
=
|
_____
| |
f
|
All land with natural ground slopes greater than or
equal to 15%, but less than 25% (steep slopes)
|
_____
|
x
|
0.70
|
=
|
_____
| |
g
|
All land with natural ground slopes greater than or
equal to 25% (very steep slopes)
|
_____
|
x
|
0.40
|
=
|
_____
| |
h
|
All land where the total area of rock outcrops and
boulder fields covers more than 1,000 square feet
|
_____
|
x
|
0.10
|
=
|
_____
| |
i
|
All unconstrained land (that is, the land remaining
from the gross tract acreage once the above constrained land has been
subtracted)
|
_____
|
x
|
1.00
|
=
|
_____
| |
Adjusted tract acreage (add lines a-i):
|
_____
|
NOTE: If a portion of the tract acreage is underlain by more
than one natural feature, it is subject to the most restrictive deduction
only.
|
C.
Determine potential net yield of the parcel.
a
|
Gross yield of the parcel
|
_____ dwelling units
| ||
b
|
Adjusted tract acreage
|
/
|
_____ acres
| |
c
|
Potential net yield
|
=
|
_____ dwelling units/acre
|
D.
Compare potential net yield to maximum net density. The net allowable
density for the parcel shall be the lesser of the two.
a
|
Potential net yield
|
_____ dwelling units/acre
| |
b
|
Maximum net density
|
_____ dwelling units/acre
|
E.
When the results of percolation testing of all residential lots indicate
that said lot cannot support the net allowable density, then the maximum
density of such lot shall not exceed that which is indicated by the
percolation test results. The landowner and/or developer shall be
responsible for providing the Township with all percolation tests.
The following standards shall apply to all conservation developments:
(Reserved)
|
A.
All land not utilized for residential lots and/or rights-of-way shall
be reserved as common open space.
B.
The common open space areas shall be delineated as a separate parcel.
The landowner and/or developer shall dedicate the open space parcel
to open space or agricultural operations in perpetuity through a restrictive
covenant in conformance with Township standards, which restrictive
covenant shall be filed with the proposed subdivision plan. The restrictive
covenant shall be signed by the landowner and/or developer and notarized.
(1)
If the property is used for active farming, a conservation easement
of the property shall be maintained. Should the provisions of the
covenant be violated, the Township shall have the right of first refusal;
property ownership shall otherwise revert to the development's
homeowners' association or other formally organized and chartered
equivalent.
(2)
The common open space shall consist of at least 30% of the adjusted
tract acreage of the parcel.
(3)
Common open spaces shall, where practical, be interconnected
with one another and with neighboring parcels to allow for connected
blocks of recreation, agricultural operations and/or wildlife habitat
land and corridors. Moreover, where practical, common open spaces
shall encompass the entire breadth of a natural subdivision of land
(e.g., floodplains, woodlands, meadow, etc.).
(4)
Common open spaces, except for agricultural operations, shall
be directly accessible to the largest practical number of residential
parcels within the conservation development. Where this is desirable
for the ecology of the area, residential parcels shall be provided
nearby access to common open spaces.
(6)
At least 20% of the common open space shall consist of unconstrained
land that is less than 15% in gradient.
(7)
No more than 50% of the common open space may be used for active
recreation facilities. The balance of the common open space shall
be retained in a natural state (for example, as woodlands or meadows).