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:
A. 
Allow for a reduction in the minimum lot area, lot dimensions, and yard setbacks for individual lots within a subdivision while meeting the overall density of the zoning district; and
B. 
Allow for varied densities of land development across a parcel.
As used in this article, the following terms shall have the meanings indicated:
AGRICULTURAL OPERATION
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.
BASE ZONING DISTRICT
The zoning district, as enumerated in § 250-11 of this chapter.
GROSS YIELD
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.
MAXIMUM GROSS DENSITY
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.
MAXIMUM PERMITTED NET DENSITY
The maximum number of dwelling units permitted per acre of adjusted tract acreage in a conservation development.
NET ALLOWABLE DENSITY
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.
POTENTIAL NET YIELD
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.
UNCONSTRAINED LAND
Land that does not include any of the following:
A. 
Existing or proposed rights-of-way.
B. 
Existing or proposed public or private streets.
C. 
Land within floodways.
D. 
Land classified as wetlands.
E. 
Land with the one-hundred-year floodplain.
F. 
Land with natural ground slopes greater than 15%.
G. 
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.
D. 
The maximum gross density is as follows:
(1) 
R1 District: 3.0 dwelling units per acre.
(2) 
R2 District: 1.5 dwelling units per acre.
(3) 
R3 District: 4.5 dwelling units per acre.
E. 
The maximum permitted net density is as follows:
(1) 
R1 District: 5.0 dwelling units per acre.
(2) 
R2 District: 3.0 dwelling units per acre.
(3) 
R3 District: 9.0 dwelling units per acre.
F. 
The minimum lot size per dwelling unit is as follows:
(1) 
R1 District: 8,712 square feet.
(2) 
R2 District: 26,083 square feet.
(3) 
R3 District: 8,712 square feet.
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.
B. 
The Board of Supervisors may only waive or modify the following requirements of this chapter:
(1) 
Minimum yards.
(2) 
Minimum lot width.
(3) 
Minimum lot frontage.
(4) 
Street grades.
(5) 
The constitution of required common open space.
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.
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.
(5) 
Common open space shall include, at a minimum:
(a) 
All land classified as wetlands.
(b) 
All lands within floodways.
(c) 
All lands within the one-hundred-year floodplain.
(d) 
All lands with slopes greater than 40%.
(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).