[Added 5-30-2006 by Ord. No. 301[1]]
A.
In conformance with the state-enabling legislation, the
purposes of this article, among others, are as follows:
(1)
To conserve open land, including those areas containing
unique and sensitive natural features such as Class I, II and III agricultural
soils, woodlands, steep slopes, streams, floodplains and wetlands, by setting
them aside from development;
(2)
To provide greater design flexibility and efficiency
in the siting of services and infrastructure, including the opportunity to
reduce length of roads, utility runs and the amount of paving required for
residential development;
(3)
To reduce erosion and sedimentation by the retention
of existing vegetation, and the minimization of development on steep slopes;
(4)
To provide for a diversity of lot sizes, building densities
and housing choices to accommodate a variety of age and income groups and
residential preferences so that the community's population diversity may be
maintained;
(5)
To implement adopted Township policies to conserve a
variety of irreplaceable and environmentally sensitive resource lands as set
forth in the Township's Open Space Plan, including provisions for reasonable
incentives to create a greenway system for the benefit of present and future
residents;
(6)
To implement adopted land use, transportation, and community
policies, as identified in the Township's Comprehensive Plan;
(7)
To protect areas of the Township with productive agricultural
soils for continued or future agricultural use by conserving blocks of land
large enough to allow for efficient farm operations;
(8)
To create neighborhoods with amenities in the form of
neighborhood open space and with a strong neighborhood identity.
(9)
To provide for the conservation and maintenance of open
land within the Township to achieve the above-mentioned goals and for active
or passive recreational use by residents;
(10)
To provide multiple options for landowners in order to
minimize impacts on environmental resources (sensitive lands such as wetlands,
floodplain, and steep slopes) and disturbance of natural or cultural features
(such as Class I, II and III agricultural soils, mature woodlands, hedgerows
and tree lines, critical wildlife habitats and historic buildings);
(11)
To provide standards reflecting the varying circumstances
and interests of individual landowners and the individual characteristics
of their properties; and
(12)
To conserve elements of the Township's rural character,
conserve scenic views and minimize perceived density by minimizing views of
new development from existing and proposed roads.
B.
In order to achieve these purposes, this article provides
for flexibility in designing new residential subdivisions by allowing three
forms of by-right development in the Conservation Design Overlay District
(often referred to as the "Conservation Design District"), referred to as
"options," as summarized below:
(1)
Option 1: Neutral density and basic conservation, providing
for residential uses at the density permitted by the underlying zoning. Greenway
lands comprise from 30% to 50% of the tract after floodplains, wetlands, slopes
greater than 25%, land in existing and/or proposed public rights-of-way and
lands under higher tension electrical transmission (69KV or greater) have
been subtracted from the tract. The flexibly designed layouts work well with
either individual wells and septic systems located in the greenway or with
central wells and sewage treatment facilities. This option is permitted in
the following zoning districts: A, AR, R-1, R-2 and CC.
(2)
Option 2: Estate lots, providing for rural-suburban residential
uses at lower densities in conventional layouts of standard houselots, where
homes and streets are located carefully to minimize impacts on resource lands.
This option is permitted in the following zoning districts: A, AR and R-1
(3)
Option 3: Country properties, providing for very low
densities appropriate to rural situations, with flexible and reduced design
standards in instances where a permanent conservation easement is usually
offered to maintain such uses. This option is permitted in the A and AR Zoning
Districts.
C.
In addition, this article provides for a fourth option,
available through the conditional use permitting process only in the R-2 and
CC Zoning Districts, as described below:
(1)
Option 4: Hamlets and villages, allowing for higher density
development designed according to special guidelines to ensure that the resulting
form incorporates the design principles of traditional villages and hamlets.
The Conservation Design Overlay District encompasses all properties
within all residential zoning districts (A, AR, R-1, R-2 and CC) in Antrim
Township. These properties shall be required to comply with the regulations
in this article and all other sections of the Code. To the extent that other
sections of the Code are inconsistent with this article, this article shall
control. Existing properties less than eight acres in size as of the effective
date of adoption of this amendment to the Zoning chapter and proposing less
than a total of 24 residential dwelling or commercial units may be subdivided
and developed as a permitted use in accordance with conventional design criteria.
The minimum area requirements and all other requirements of the conventional
design criteria must be complied with.
A.
Exceptions. There are two exceptions where a property
of eight acres or larger and/or proposing more than a total of 24 residential
dwelling or commercial units may be developed in accordance with conventional
design criteria. The two exceptions are as follows:
(1)
In any instance where a property is limited due to the
siting of individual on-lot sewage disposal systems within an area prone to
documented high levels of nitrate/nitrogen in the groundwater, such properties
may be required by the Pennsylvania Department of Environmental Protection
to maintain a minimum lot size higher than the prescribed standards for the
Conservation Design Overlay District. In such instances where groundwater
conditions are documented via a hydrogeological study to be nonconducive to
the higher densities prescribed in this overlay district, the property may
be developed in accordance with conventional design criteria as a permitted
use.
(2)
For properties located in the A, A-R and/or R-1 Zoning
Districts, and where the developer proposes no more than five additional lots
and/or dwelling units, the property may be developed in accordance with conventional
design criteria as a permitted use. Each property will be considered by the
Board as it existed on the date of adoption of this amendment to the Township
Zoning chapter and assessed cumulatively with regard to subsequent proposals.
B.
The design of all subdivisions in the Conservation Design
Overlay District shall be governed by the following minimum standards:
(1)
Ownership. The tract of land may be held in single and
separate ownership or in multiple ownership. However, when a tract is held
in multiple ownership, it shall be planned as a single entity with common
authority and common responsibility.
(2)
Combining the design options. The various layout and
density options described in this article may be combined, based upon demonstration
by the applicant that such a combination would better fulfill the intent of
this chapter, in particular the stated purposes of this article, as compared
with applying a single option to the property.
(3)
Intersections and access. New intersections with existing
public roads shall be minimized. Although two accessways into and out of subdivisions
containing more than 50 dwellings are required for safety, proposals for more
than two entrances onto public roads shall be discouraged if they would unnecessarily
disrupt traffic flow.
(4)
Sensitive area disturbance. The proposed design shall
strictly minimize disturbance of environmentally sensitive areas (primary
and secondary conservation areas), as shown on the existing resources and
site analysis plan. Lands within the floodplain, wetlands and slopes in excess
of 25% constitute examples of such environmentally sensitive areas, where
disturbance shall be strictly minimized. Demonstration by the applicant that
primary and secondary conservation areas will be protected by the proposed
application shall be a prerequisite to approval of both the conceptual preliminary
plan and the detailed final plan.
Land in the Conservation Design Overlay District may be used for the
following purposes:
A.
Single-family detached dwellings. Single-family detached
dwellings in Options 1, 2, 3 and 4 subdivisions pursuant to the following:
(2)
On tracts of less than eight acres, existing on the effective
date of adoption of this amendment to the Township Zoning chapter, and proposing
less than a total 24 residential dwelling or commercial units, single-family
detached dwellings are permitted under the standards for Option 1 found in
§§ 150-86 and 150-87, and conventional lots of an area equal
to the minimum required for the underlying zoning district with no required
greenway land, in accordance with conventional design criteria.
B.
Single-family semidetached dwellings (duplex units).
(1)
Single-family, semidetached dwellings are permitted in
Option 1 and 4 subdivisions, according to the standards in §§ 150-86
and 150-87 and the other requirements of this chapter, including but not limited
to, whether single-family semidetached dwellings are permitted in the underlying
zoning district.
(2)
On tracts of less than eight acres, existing on the effective
date of adoption of this amendment to the Township Zoning chapter, and proposing
less than a total 24 residential dwelling or commercial units, single-family
semidetached dwellings are permitted under the standards for Option 1 found
in this chapter, including but not limited to §§ 150-86 and
150-87, and conventional lots of an area equal to the minimum required for
the underlying zoning district with no required greenway land, in accordance
with conventional design criteria.
E.
Nonresidential uses. The following nonresidential uses
in accordance with the standards of this article, including not limited to
§ 150-88, Chapter 125 and the Code.
(1)
Agricultural uses, including horticultural, wholesale
nurseries and the raising of crops, and buildings related to the same.
(2)
Woodlots, arboreta and other similar silvicultural uses.
(3)
Woodland preserve, game preserve, wildlife sanctuary
or other similar conservation use.
(4)
Municipal or public uses; public park or recreation area
owned and operated by a public or private nonprofit agency; governmental or
public utility building or use; not to include business facilities, storage
of materials, trucking or repair facilities, the housing of repair crews,
private or municipal sanitary landfills.
F.
Accessory uses. Accessory uses shall be permitted on
the same lot with and customarily incidental to any permitted use and not
conducted as an independent principal use according to the following:
(1)
Accessory dwelling units (including elder cottages and
tenant houses) proposed in Option 3 subdivisions (country properties) are
subject to the following provisions:
(a)
Accessory dwelling units in principal residences or in
new outbuildings (such as barns, stables, carriage houses, and spring houses)
shall be designed to harmonize with vernacular rural buildings in the Township's
historic landscape.
(b)
There shall be a maximum of one accessory dwelling unit
(ADU) on any legal building lot in an Option 2 subdivision, and a maximum
of two accessory dwelling units (ADUs) on any legal building lot containing
10 or more acres in an Option 3 subdivision, provided all performance standards
of this article are met.
(c)
The gross floor area in the first ADU shall not exceed
900 square feet. In the second ADU, where permitted, the maximum area shall
be 750 square feet. However, on lots exceeding 15 acres, the second ADU may
take the form of a tenant house containing up to 2,000 square feet of floor
space. Under this section, existing historic accessory buildings more than
75 years old that exceed these floor space limits are permitted as ADUs without
having to meet the dimensional setback requirements of this article.
(d)
Building permits for ADUs shall not be issued until the
applicant places a restrictive easement on the subject property prohibiting
future enlargement of the ADUs or the creation of additional ADUs beyond the
limits described above. Issuance of permits for ADUs shall be contingent upon
Township Sewage Enforcement Officer and Pennsylvania DEP approval for any
on-site septic sewage disposal systems needed.
G.
Conditional uses. Hamlets and villages are allowed as
conditional uses pursuant to the following and the conditional use permitting
process as set forth in the Pennsylvania Municipalities Planning Code:
(1)
General.
(a)
Residential diversity. A primary objective of the hamlet
and village options is to provide for a diversity of household types, age
groups and income levels, in a manner consistent with the variety of existing
homes in the Township and with traditional village building and site development
patterns. Within the overall residential density figures for villages and
hamlets, new construction is to be predominantly single-family detached residential
on a variety of compact village-scale lot sizes, which shall range in area
from 6,000 square feet to 12,000 square feet with an average lot size of at
least 10,000 square feet. This component shall comprise at least 60% of the
residential development allowed in villages and hamlets. However, in both
villages and hamlets, the concept of large "country properties" of 10 acres
or more shall be encouraged, in which part of the required greenway may be
incorporated within lot boundaries as "mini-farms," consistent with regulations
pertaining to active and passive agriculture in other parts of this article,
if any.
(b)
Housing types. Within villages, 15% of all new units
may be designed as semidetached dwellings, and a further 10% may be designed
as three-or four-family attached dwellings. When different housing types are
proposed in either villages or hamlets, they shall be integrated architecturally
and in scale so that they can be physically incorporated within the same streetscape
as single-family dwellings and nonresidential buildings and not isolated from
each other in separate areas.
(c)
Locational considerations for hamlet and village uses.
Residential lots in villages and hamlets shall generally not be located within
500 feet of Interstate 81, nor within 150 feet of any existing two-lane state-numbered
highway, unless effectively screened from the public view by virtue of topography,
dense vegetation, or other physical or visual barriers. Commercial/mixed-use
areas in villages shall be located within 1,500 feet from as much of the residential
areas as possible. Nonresidential uses that are intended to serve an area
beyond the village itself shall be located to permit vehicular access from
outside the village without passing through residential streets.
(d)
Hamlet uses. Hamlets shall consist of residential uses
only with a greater housing variety permitted.
(e)
Village uses. Villages are intended to provide for a
range of complementary uses and may consist of two areas: residential and
mixed-use/commercial. These areas are intended to provide for the diversity
necessary for traditional village life while maximizing the interactions among
related uses and minimizing the adverse impacts of different uses upon each
other. The village residential area is intended to contain a variety of housing
options and related uses. The village mixed-use/commercial area is intended
primarily to provide uses that meet the retail and service needs of a traditional
village center and its vicinity within one- and two-story buildings and may
contain other compatible uses such as civic and institutional uses of community-wide
importance, specifically including second-floor residential uses. The village
mixed-use/commercial area may be located either at the approximate center
of the village or at the edge near an existing major or minor collector road.
If the village mixed-use/commercial area is located along such a thoroughfare,
parking areas shall be screened from view, preferably in locating them behind
those commercial buildings, as seen from the collector.
(2)
Hamlet and village uses. The following uses are intended
in the hamlet option and in the village residential area of the village option.
(a)
Hamlets and the village residential area:
(3)
Additional uses in village option subdivisions.
(a)
The following additional uses are intended in the village
option, according to area.
[2]
Village mixed-use/commercial area:
[a]
Retail uses, professional offices, and personal or professional
services in buildings of 2,000 square feet or less (but up to 3,500 square
feet if in buildings of two or more stories facing the street);
[b]
Bed-and-breakfast establishments;
[c]
Schools, day-care centers, libraries, churches and other
houses of worship;
[d]
Single-family detached dwellings, two-, three-, and four-family
dwellings sited so they front directly onto streets (rather than parking areas);
[e]
Second-story residential uses are encouraged, and shared
parking arrangements shall be allowed;
[f]
Artisan living/working uses, public utilities facilities,
including substations, pumping stations and waste treatment facilities, and
gasoline stations (outside the core area), and uses accessory to the above;
and
[g]
Sites for active recreation, such as organized games.
(b)
Specifically excluded from the category of retail uses
and service businesses allowed in this subdistrict are flea markets, indoor/outdoor
amusement businesses, automotive sales, car washes, gasoline stations, betting
parlors, building supply stores, adult bookstores, massage parlors, and mini
storage facilities.
A.
Dimensional standards for Option 1: neutral density and
basic conservation.
(1)
Density factor. Single-family residential development
at a density as determined through the yield plan described in § 150-86B
herein.
(2)
Minimum required greenway land:
(a)
The subdivision must include a minimum percentage of
the property as greenway land as defined below for each underlying zoning
district. Greenway land shall not be used for residential lots, except as
provided below. Floodplain, wetlands, slopes greater than 25%, land within
existing and proposed rights-of-way and land under high-tension electrical
transmission lines (69KV or greater) shall not be used to calculate the minimum
percentage of greenway land as required by the chart set forth below in § 150-86B(4).
(b)
Large conservancy lots of at least 10 acres, conforming
to the standards for Option 3 subdivisions found in § 150-86D and
owned by individuals, may occupy up to 80% of the greenway land, with the
remainder (not less than 20%) subject to a conservation easement or deeded
to a homeowners' association, land trust, or the Township subject to a conservation
easement. However, the greenway land within each conservancy lot remains subject
to the standards for greenway land in § 150-88 herein and must also
be subject to a conservation easement.
(3)
Average minimum lot area: as indicated on the table found
in § 150-86B(4) below.
(4)
Minimum lot width at building line: as indicated on the
table found in § 150-86B(4) below.
(5)
Minimum street frontage: 20 feet.
(6)
Yard regulations: The builder or applicant (also referred
to a developer) is urged to consider variations in the principal building
position and orientation but shall observe the minimum standards as indicated
on the table found in § 150-86B(4) below.
(7)
Maximum impervious coverage: as indicated on the table
found in § 150-86B(4) below.
(8)
Maximum height regulations: 35 feet.
B.
Density determination for Option 1 subdivisions. Applicants
shall utilize a yield plan to determine the maximum permitted residential
building density on their properties. Yield plan approach: Determination of
density or maximum number of permitted dwelling units shall be based upon
a density factor of Option 1 applied to the gross tract acreage, as demonstrated
by an actual yield plan. Yield plans shall meet the following requirements:
(1)
Yield plans must be prepared as conceptual layout plans
in accordance with the standards of the Subdivision chapter, containing proposed
lots, streets, rights-of-way, and other pertinent features. Although it must
be drawn to scale, it need not be based on a field survey. However, it must
be a realistic layout reflecting a development pattern that could reasonably
be expected to be implemented taking into account the presence of wetlands,
floodplains, slopes greater than 25%, lands within existing and proposed right-of-way,
lands under high-tension electrical transmission lines (69KV or greater),
existing easements or encumbrances and, if unsewered, the suitability of soils
for subsurface sewage disposal.
(2)
Yield plans should also reflect the dimensional standards for
the underlying zoning district, when Option 1 is chosen, found in § 150-86B(4)
below. The yield plan must identify the site's primary and secondary conservation
areas, as identified in the existing resources/site analysis plan.
(3)
On sites not served by central sewage disposal, density shall
be further determined by evaluating the number of homes that could be supported
by individual septic systems on the proposed lots. Based on the primary and
secondary conservation areas identified as part of the inventory and analysis
and observations made during an on-site visit of the property, the Planning
Commission or Township staff shall select a ten-percent sample of the lots
considered to be marginal for on-lot sewage disposal. The applicant is required
to provide evidence from the Township Sewage Enforcement Officer that these
lots meet the standards for an individual septic system. Only after satisfying
this requirement shall the applicant be granted the full density determined
by the yield plan. Should any of the lots in a sample fail to meet the standard
for individual septic system, those lots shall be deducted from the yield
plan and a second ten-percent sample shall be selected by the Township Planning
Commission or Township staff and tested for compliance. This process shall
be repeated until all lots in a given sample meet the standard for an individual
septic system.
(4)
Yield plan dimensional standards. The following dimensional standards
shall be used in the development of yield plans for Option 1 subdivisions.
These minimum area dimensions are exclusive of all wetlands, floodplain lands,
slopes greater than 25%, lands within existing or proposed public rights-of-way
and land under high-tension electrical transmission lines (69KV or greater).
|
Standard
|
A and AR Districts
|
R-1 District
|
R-2 and CC Districts
| ||
|---|---|---|---|---|---|
|
Density factor*
|
80,000 square feet
|
40,000 square feet
|
30,000 square feet
| ||
|
Maximum lot size
|
None
|
None
|
None
| ||
|
Minimum lot size
|
15,000 square feet
|
10,000 square feet
|
7,500 square feet
| ||
|
Minimum lot width
|
90 feet
|
80 feet
|
60 feet
| ||
|
Front yard setback
|
25 feet
|
20 feet
|
20 feet
| ||
|
Rear yard setback
|
30 feet
|
25 feet
|
20 feet
| ||
|
Side yard setback**
|
30 feet
|
25 feet
|
20 feet
| ||
|
**(Total, neither less than 5 feet)
| |||||
|
Maximum % impervious coverage
|
30%
|
35%
|
40%
| ||
|
Minimum % open space (greenway land)
|
50%
|
40%
|
30%
| ||
|
*
|
Maximum density — e.g., 1 dwelling unit/80,000 square feet, one
dwelling unit per 40,000 square feet, 1 dwelling unit per 30,000 square feet.
| ||||
C.
Dimensional and density standards for two subdivisions:
estate lots.
(1)
Maximum density: one dwelling unit per four acres.
(2)
Minimum lot area: one acre. All lots created under Option
2 that are less than four acres shall be permanently restricted through a
conservation easement from the development of more than one dwelling.
(3)
Minimum street frontage: 150 feet.
(4)
Yard regulations: The builder or developer is urged to
consider variations in the principal building position and orientation, but
shall observe the following minimum standards:
(a)
Front: 150 feet from the right-of-way of existing roads
but 40 feet from the right-of-way of new subdivision streets, country lanes
or common driveways (where applicable).
(b)
Rear: 50 feet minimum for principal buildings and 10
feet for accessory buildings (except that accessory buildings with a ground
floor area exceeding 500 square feet shall conform to the setback requirements
for principal structures).
(c)
Sides: 25 feet each.
(5)
Maximum impervious coverage: five-percent limit on entire
subdivision tract.
(6)
Maximum height regulations: 35 feet.
D.
Dimensional and density standards for Option 3 subdivisions:
country properties.
(1)
Maximum density: one dwelling unit per 10 acres (gross).
(2)
Minimum lot area: 10 acres. The lot shapes shall not
be irregular, except as allowed for flag lots, and shall not have a lot depth-width
ratio exceeding 5:1 unless such lots are deed restricted from the development
of more than one dwelling.
(3)
Minimum lot width at building line: 200 feet.
(4)
Yard regulations:
(a)
Front: 150 feet from the right-of-way of existing roads
but 40 feet from the right-of-way of new subdivision streets, country lanes
or common driveways (where applicable).
(b)
Rear: 50 feet minimum for principal buildings and 10
feet for accessory buildings (except that accessory buildings with a ground
floor area exceeding 500 square feet shall conform to the setback requirements
for principal structures).
(c)
Sides: 25 feet each.
(5)
Maximum impervious coverage: five-percent limit on entire
subdivision tract.
(6)
Maximum height regulations: 35 feet.
E.
Scale criteria for Option 4: hamlets and villages.
(1)
Hamlets shall include at least four dwelling units but
may not contain more than 25 within the Conservation Design Overlay District.
The minimum land area required for a hamlet shall be five acres.
(2)
Villages shall contain 26 or more dwelling units within
the Conservation Design Overlay Zoning District. The minimum land area required
shall be 25 acres.
F.
Dimensional standards for residential uses in Option
4: hamlets and villages.
(1)
Density factor: one dwelling unit per 20,000 square feet
as determined through the yield plan described in § 150-86B herein.
(2)
Minimum required greenway land:
(a)
The subdivision must include at least 70% as greenway
land. Not less than 1/6 of this greenway land shall be in a form usable to
and accessible by the residents, such as a central green, neighborhood squares
or commons, recreational playing fields, woodland walking trails, other kinds
of footpaths, a community park, or any combination of the above. In addition,
no more than 50% of the minimum required greenway land may be comprised of
active recreation facilities such as playing fields, golf courses, tennis
courts, etc. Greenway land shall not be used for residential lots, except
as provided below.
(b)
Large conservancy lots of at least 10 acres, conforming
to the standards for Option 3 subdivisions found in § 150-86D and
owned by individuals, may occupy up to 50% of the greenway land, with the
remainder subject to a conservation easement or deeded to a homeowners' association,
land trust, or the Township subject to a conservation easement. However, the
greenway land within each conservancy lot and the greenway land outside of
the conservancy lot(s) remain subject to the standards for greenway land in § 150-88,
herein.
(c)
Traditional villages and hamlets shall include multiple
greens or commons measuring a total of at least 1,000 square feet for each
dwelling unit.
(3)
Minimum lot area: 6,000 square feet. Up to 20% of the
lots may be reduced to a minimum of 5,000 square feet.
(4)
Minimum lot width at building line: 40 feet.
(5)
(6)
Maximum impervious coverage: fifty-percent limit on each
lot.
(7)
Minimum street frontage: Lots must have frontage either
on a street or on a back lane or shared driveway. Houses served by rear lanes
may front directly onto parks or greens, which shall be designed with perimeter
sidewalks.
(8)
Maximum height regulations: 35 feet.
G.
Dimensional, intensity, and design standards for Option
4: village mixed-use/commercial areas.
(1)
Use intensity standards.
(a)
New commercial buildings in the mixed-use/commercial
area and their associated parking spaces shall not occupy more than 5% of
the net developable land area of the entire village. However, they may occupy
up to 10% if they include second-story office uses and up to 15% if they include
second-story residential units. In order to qualify for the fifteen-percent
figure, at least half of the new commercial building coverage (foundation
footprint) shall be of two-story construction, and at least 25% of the second-story
space shall be designed for residential uses.
(b)
Parking areas shall generally be located behind shops
(and occasionally to one side, if adequately screened from the street) and
shall be the primary focus of landscaping and buffering efforts (particularly
where they abut adjoining residential lots).
(2)
Minimum lot size. The minimum lot size for nonresidential
uses in the village mixed-use/commercial subdistrict shall be determined by
adding 20% to the land area needed for the structure, on-lot parking, ingress/egress,
and any on-site infrastructure that is required (e.g., septic disposal areas,
stormwater management areas). The additional 20% shall constitute setbacks
and landscaped buffers.
(3)
Minimum street frontage: 50 feet.
(5)
Maximum height regulations: 35 feet (but 75 feet for
church steeples).
(6)
Additional design standards.
(a)
New buildings in this subdistrict shall be subject to
a maximum front setback (the "build-to" line) in order to maintain a strong
sense of streetscape. Such buildings shall generally be of two-story construction
and shall be designed in accordance with the design standards set forth below.
Maximum building height and coverage are controlled by other provisions in
this chapter governing maximum height and minimum parking standards.
(b)
Ground floor space shall be reserved for pedestrian-oriented
retailing and services, with offices and housing above.
(c)
Common or green area:
[1]
Each village mixed-use/commercial area shall have a primary
common or green of at least 10,000 square feet, which should ideally be surrounded
by two-story development that may include commercial, residential, civic and
institutional uses.
[2]
This primary common shall border on the principal street
running through the mixed-use/commercial area or be located so as to constitute
the terminal vista of that street. This central green shall be located within
1,500 feet of 80% of all dwelling units in the village. Alternatively, two
greens of at least 6,000 square feet may be substituted for the central green,
in order to meet the distance/proximity standard. Greens shall be landscaped
according to a professionally prepared landscaping plan and shall contain
no more than ten-percent coverage by impervious surfaces.
(7)
Parking.
(a)
Nonresidential off-street parking shall be to the side
or rear, or located within internal parking areas not visible from the street.
(b)
On-street parking spaces along the street frontage of
a lot (except where there are driveway curb cuts) shall be counted toward
the minimum number of parking spaces required for the use on that lot.
(c)
On-street parking spaces shall be designed to be parallel
to the curb.
(d)
Off-street parking shall be located within 600 feet (measured
along a publicly accessible route) of the lot containing the use to which
the parking is accessory. Said lot containing the parking shall be owned or
leased to the owner of the principal use, or the lot containing the parking
shall be dedicated to parking for as long as the use to which it is accessory
shall continue and it is owned by an entity capable of assuring its maintenance
as accessory parking.
A.
A houselot (lot that a dwelling is located on) and/or
a commercial lot (lot that a business is located on) shall not encroach upon
primary conservation areas and their layout shall respect secondary conservation
areas as described in both the Zoning chapter and in the Subdivision and Land
Development chapter.[1]
B.
All new dwellings shall meet the following setback requirements.
(1)
From all external road ultimate right-of-way: 100 feet
for arterial roads and major collector roads as identified in the Township
Comprehensive Plan; 50 feet for all other roads.
(2)
Farm buildings or barnyards housing livestock: in accordance
with the prevailing livestock facility setback requirements of this chapter.
C.
Views of houselots from exterior roads and abutting properties
shall be minimized by the use of changes in topography, existing vegetation,
or additional landscaping which meets the landscaping requirements of the
Subdivision and Land Development Chapter.
D.
Houselots shall generally be accessed from interior streets,
rather than from roads bordering the tract.
E.
At least three-quarters of the lots shall directly abut
or face greenway land across a street (except that in Option 4 Hamlets and
Villages this fraction shall be 1/2).
Protected greenway land in all subdivisions shall meet the following
standards:
A.
Uses permitted on greenway lands. The following uses
are permitted in greenway land areas:
(1)
Conservation of open land in its natural state (for example,
woodland, fallow field, or managed meadow);
(2)
Agricultural and horticultural uses, including raising
crops or livestock, wholesale nurseries, associated buildings, excluding residences
that are specifically needed to support an active, viable agricultural or
horticultural operation. Specifically excluded are commercial livestock operations
involving swine, poultry, mink and other animals likely to produce highly
offensive odors. See also § 150-85E(1).
(3)
Pastureland for horses used solely for recreational purposes
or associated accessory facilities. Equestrian facilities shall be permitted
but may not consume more than half of the minimum required greenway land.
(4)
Forestry, in keeping with established best management
practices for selective harvesting and sustained-yield forestry.
(5)
Neighborhood open space uses such as village greens,
commons, picnic areas, community gardens, trails, and similar low-impact passive
recreational uses specifically excluding motorized off-road vehicles, rifle
ranges, and other uses similar in character and potential impact.
(6)
Active noncommercial recreation areas, such as playing
fields, playgrounds, courts and bikeways, provided such areas do not consume
more than half of the minimum required greenway land or five acres, whichever
is less. Playing fields, playgrounds, and courts shall not be located within
100 feet of abutting properties. Parking facilities for the same shall also
be permitted, and they shall generally be gravel-surfaced, unlighted, properly
drained, provide safe ingress and egress, and contain no more than 10 parking
spaces.
(7)
Golf courses, including their parking areas and support
facilities, may comprise 100% of the minimum required greenway land, provided
the land has restrictions and/or other legally binding constraints ensuring
that the land shall be perpetually used exclusively as a golf course. Driving
ranges and/or miniature golf are not considered a golf course.
(8)
Water supply and sewage disposal systems and stormwater
detention areas.
(9)
Easements for drainage, access, sewer or water lines,
or other public purposes;
(10)
Underground utility rights-of-way. Aboveground utility
and street rights-of-way may traverse conservation areas but shall not count
toward the minimum required greenway land.
B.
Greenway design standards.
(1)
Greenway lands shall be laid out in general accordance
with the Township's Map of Potential Conservation Lands and/or layout of adjacent
properties to ensure that an interconnected network of open space will be
provided. (See Plates 1 through 3 attached to the Open Space Plan of the Township
of Antrim Comprehensive Plan.) The required greenway land consists of a mixture
of primary conservation areas (PCAs), all of which must be included, and secondary
conservation areas (SCAs). PCAs comprise floodplains, wetlands and slopes
over 25%. SCAs should include special features of the property that would
ordinarily be overlooked or ignored during the design process. Examples of
such features are listed, prioritized and described in § 125-72
in the Subdivision and Land Development chapter.
(2)
In Option 1 subdivisions, the greenway land comprises
a minimum percentage of the property respectively, based on the underlying
zoning district. This land shall generally remain undivided and may be owned
and maintained by a homeowners' association, land trust, another conservation
organization recognized by the Township, or by a private individual. In all
cases the land shall be subject to a conservation easement. However, in no
case shall less than 30% of the land be available for the common use and passive
enjoyment of the subdivision residents. These ownership options may be combined
so that different parts of the greenway land may be owned by different entities.
(3)
In Option 2 subdivisions, the required greenway land
may lie within the estate lots. The greenway land must be subject to conservation
easements.
(4)
Greenway lands in Option 3 developments shall be contained
within the country property lots. The greenway land must be subject to conservation
easements.
(5)
Up to 5% of the total tract acreage in any of the options
shall be set aside to provide potential connections with the Township's long-range
trail network, if within or planned to be within the Township's long-range
trail-network.
(6)
Buffers for adjacent public parkland. Where the proposed
development adjoins public parkland, a natural greenway buffer at least 50
feet deep shall be provided within the development along its common boundary
with the parkland, within which no new structures shall be constructed, nor
shall any clearing of trees or understory growth be permitted (except as may
be necessary for street or trail construction). Where this buffer is unwooded,
vegetative screening shall be planted, or the buffer shall be managed to encourage
natural forest succession through "no-mow" policies and the periodic removal
of invasive alien plant and tree species.
C.
Other requirements.
(1)
No portion of any building lot may be used for meeting
the minimum required greenway land, except as permitted within country properties
(or within conservancy lots of at least 10 acres, designed as an integral
part of Option 4 hamlets and villages). However, active agricultural land
with farm buildings, excluding areas used for residences, may be used to meet
the minimum required greenway land.
A.
Option 1, 2 and 4 subdivisions. In Option 1, 2 and 4
subdivisions, the required greenway land shall be subject to permanent conservation
easements prohibiting future development and defining the range of permitted
activities. (For example, the clearing of woodland habitat shall be prohibited,
except as necessary to create trails, active recreation facilities, and to
install subsurface septic disposal systems or spray irrigation facilities.)
A list of permitted and conditional uses of greenway lands is contained in
this article in § 150-88.
B.
Option 3 subdivisions (country properties). In Option
3 subdivisions (country properties) where applicants voluntarily opt to develop
their properties at densities conforming with Option 3 standards (minimum
10 acres per principal dwelling), and offer to place a restrictive conservation
easement preventing future subdivision of the newly created parcels, the Board
shall review the proposed easements and shall accept them, provided their
wording accomplishes the purposes of this chapter and is consistent with the
Comprehensive Plan and the Open Space Plan.
Additional density may be allowed by the Board when one of the following
public benefits is proposed:
A.
Provision of affordable housing. A density increase is
permitted where the subdivision proposal provides on-site or off-site housing
opportunities for low- or moderate-income families. When off-site housing
provision is proposed, the Board shall require evidence that these units will
in fact be constructed by a certain date. The amount of density increase shall
be based on the following standard: For each affordable housing unit provided
under this section, one additional building lot or dwelling unit shall be
permitted, up to a maximum 15% increase in dwelling units. Affordable housing
is herein defined as units sold or rented to families earning up to 120% of
the area median income, adjusted for family size, as determined by the U.S.
Department of Housing and Urban Development.
B.
Provision of age-restricted housing. A density increase
is permitted where the subdivision proposal provides age-restricted, on-site
housing opportunities for individuals age 55 years or older. The amount of
density increase shall be based on the following standard: For each housing
unit provided under this section, one additional building lot or dwelling
unit shall be permitted, up to a maximum 15% increase in dwelling units. Age-restricted
housing is herein defined as housing intended and operated for occupancy by
persons 55 years of age or older and at least 80% of the occupied units are
occupied by at least one person who is 55 years of age or older. This definition
includes all other supplementary language in Section 807(b) of the United
States Fair Housing Act, as amended.
C.
Implementation. For each of the above categories of public
purposes, density bonuses may be implemented by reducing the amount of required
greenway land by up to 10%, reducing the minimum lot area requirements by
up to 10%, or by a combination of these approaches, at the discretion of the
Board. The cumulative reductions may total up to 20%, if the Board is satisfied
that the public purposes are being served.
A.
Development restrictions. All greenway land shall be
permanently restricted from future subdivision and development by conservation
easements. Under no circumstances shall any development be permitted in the
greenway at any time, except for those uses listed in § 150-88.
B.
Ownership options. The following methods may be used,
either individually or in combination, to own greenway land and/or common
facilities. Common facilities and/or greenway land 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,
greenway land or in the greenway ratio of the overall development. Ownership
methods shall conform to the following:
(1)
Fee-simple dedication to the Township. The Township may
but shall not be required to accept any portion of the greenway and/or common
facilities, provided that:
(2)
Condominium association. Common facilities and/or greenway
land may be controlled through the use of condominium agreements. Such agreements
shall be in accordance with relevant state law. All greenway land and common
facilities shall be held as common element.
(3)
Homeowners' association. Common facilities and/or greenway
land may be held in common ownership by a homeowners' association, subject
to all of the provisions for homeowners' associations set forth in state regulations
and statutes. In addition, the following regulations shall be met:
(a)
The applicant shall provide the Township a description
of the organization of the proposed association, including its bylaws, and
all documents governing ownership, maintenance, and use restrictions for common
facilities and greenway;
(b)
The proposed association 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 association shall be automatic (mandatory)
for all owners of dwelling units and/or lots therein and their successors
in title;
(d)
A description of all lands and facilities to be owned
by the association. This description shall include a map of the proposal highlighting
the precise location of those lands and facilities;
(e)
Statements setting forth the powers, duties, and responsibilities
of the association, including the services to be provided;
(f)
The association shall be responsible for maintenance
and insurance of common facilities;
(g)
A declaration of covenants, conditions, and restrictions
giving a perpetual conservation easement to the greenway lands and facilities
owned by the Association. The declaration shall be a legal document and shall
describe the mechanism by which owners participate in the association, including
voting, elections, and meetings. Furthermore, it shall give power to the association
to own and maintain the common property and to make and enforce rules;
(h)
Requirements for all owners to provide a pro rata share
of the cost of the operations of the community association;
(i)
A process of collection and enforcement to obtain funds
from owners who fail to comply;
(j)
The bylaws shall confer legal authority on the association
to place a lien on the real property of any member who falls delinquent in
his dues. Such dues shall be paid with the accrued interest before the lien
may be lifted;
(k)
Statements prescribing the process by which association
decisions are reached and setting forth the authority to act;
(l)
Written notice of any proposed transfer of greenway land
and/or common facilities by the association or the assumption of maintenance
for greenway land and/or common facilities must be given to all members of
the association and to the Township no less than 30 days prior to such event;
(m)
The association shall have adequate staff to administer,
maintain and operate such common facilities;
(n)
Statements setting cross covenants or contractual terms
binding each owner to all other owners for mutual benefit and enforcement.
(o)
A process for transition of control of the association
from the developer to the unit owners;
(p)
Statements describing how the greenway lands and facilities
of the community association will be insured, including limit of liability;
and
(q)
Provisions for the dissolution of the association, in
the event the association should become inviable.
(4)
Private conservation organization or the county. With
permission of the Township, an owner may transfer either fee-simple title
of the greenway to a private nonprofit conservation organization or to the
County, provided that:
(a)
The conservation organization is acceptable to the Township
and is a bona fide conservation organization intended to exist indefinitely;
(b)
The conveyance contains appropriate provisions for proper
reverter or retransfer in the event that the organization or the County becomes
unwilling or unable to continue carrying out its functions;
(c)
The greenway land is permanently restricted from future
development through a conservation easement and the Township is given the
ability to enforce these restrictions; and
(d)
A maintenance agreement acceptable to the Township is
established between the owner and the organization or the County.
(5)
Dedication of easements to the Township. The Township
may but shall not be required to accept easements for public use of any portion
of the greenway land or facilities. In such cases, the greenway land and/or
facilities remain in the ownership of the condominium association, homeowners'
association, individuals, or private conservation organization while the easements
are held by the Township. In addition, the following regulations shall apply:
(6)
Non-common private ownership.
(a)
Up to 80% of the required greenway land may be included
within one or more large conservancy lots of at least 10 acres, provided the
greenway land is permanently restricted from future development through a
conservation easement, except for those uses listed in § 150-88,
and that the Township is given the ability to enforce these restrictions.
(b)
In developments of less than 15 units and also less than
15 acres, all of the greenway land and/or common facilities, if any, may be
owned by private individuals, provided that the greenway land is permanently
restricted from future development through a conservation easement, except
for the uses listed in § 150-88, and the Township is given the ability
to enforce these restrictions.
C.
Maintenance.
(1)
The cost and responsibility of maintaining common facilities
and greenway land shall be borne by the property owner, condominium association,
homeowners' association, conservation organization or the County.
(2)
The applicant shall, at the time of preliminary plan
submission, provide a plan for maintenance of greenway lands and operation
of common facilities in accordance with the following requirements.
(a)
The plan shall define ownership;
(b)
The plan shall establish necessary regular and periodic
operation and maintenance responsibilities for the various kinds of open space
(i.e. lawns, playing fields, meadow, pasture, cropland, woodlands, etc.);
(c)
The plan shall estimate staffing needs, insurance requirements,
and associated costs, and define the means for funding the maintenance of
the greenway land and operation of any common facilities on an ongoing basis.
Such funding plan shall include the means for funding long-term capital improvements
as well as regular yearly operating and maintenance costs;
(d)
The applicant shall be required to escrow sufficient
funds for the maintenance and operation costs of greenway lands and common
facilities for up to one year; and
(e)
Any changes to the maintenance plan shall be approved
by the Board.
(3)
In the event that the organization or individual required
to maintain the greenway lands and the common facilities, or any successor
thereto, fails to maintain all or any portion thereof in reasonable order
and condition, the Township may assume responsibility for maintenance, in
which case any escrow funds shall be forfeited and any permits may be revoked
or suspended.
(4)
The Township may enter the premises and take corrective
action, including extended maintenance. The costs of such corrective action
may be charged to the property owner, condominium association, homeowners'
association, conservation organization, county or individual property owners
who make up a condominium or homeowners' association and may include administrative
costs and penalties. Such costs shall become a lien on said properties. Notice
of such lien shall be filed by the Township in the office of the Prothonotary
of the County.
