[Added 10-4-1993 by Ord. No. 321]
In expansion of the community development objectives contained in Article I, § 182-2 of this chapter, it is hereby declared to be the intent of this article with respect to an open space residential community to establish reasonable standards and criteria to permit such a community as a conditional use in appropriate locations within the Township, based upon a specialized set of development regulations appropriate for such a development.
A.
To provide for such development in areas consistent
with the goals of the Township's Comprehensive Plan, which would be
compatible with and protect the existing community character.
B.
To protect the existing vistas into and rural character
of large tracts of undeveloped land in the Township.
C.
To provide for creative use of land in areas where
it is desirable to preserve open space, stream valleys, agricultural
land heritage, tree cover, historic buildings and other natural and
man-made amenities.
D.
To allow for a modest increase in permitted density
in return for the preservation of extensive areas of open space and/or
parkland.
E.
To encourage the creation of individual neighborhoods
unified by the open space features of the development.
F.
To permanently protect areas of open space and parkland
from future development, and in so doing, implement the goals and
recommendations of the Township's adopted Open Space and Recreation
Plan.
An open space residential community is allowed only as a conditional use in the R-1 Residential District, provided that the tract proposed for such development meets the criteria specified in § 182-63.12 of this article, and that the procedural requirements for conditional uses, set forth in § 182-204 of this chapter, are followed. An open space residential community shall be construed to mean a planned development consisting of single-family residential use(s) combined with the preservation of extensive areas of open space and/or parkland, along with any appropriate recreational uses and uses incidental to such a development, as herein after provided. Uses specifically permitted in an open space residential community shall be the following:
A.
Single-family detached dwellings.
B.
Neighborhood or community park.
C.
Common open space.
D.
Accessory uses on the same lot or premises with and
incidental to the other uses permitted in this article. In addition
to accessory uses customarily incidental to a dwelling unit, appropriate
accessory uses may be permitted in a park, including but not limited
to uses such as rest rooms, equipment storage building, concession
stand, parking for park users and other similar uses.
The following prerequisites shall be met for
each application for approval of an open space residential community:
A.
Any tract of ground, or contiguous group of tracts
which are the subject of an application for conditional use approval
as an open space residential community pursuant to this article, shall
contain a minimum of 250 acres.
B.
Any tract of ground, or contiguous group of tracts
which are the subject of an application for conditional use approval
as an open space residential community pursuant to this article, shall
have a minimum of 1,000 feet of frontage, measured along the ultimate
rights-of-way, on roads with a feeder or higher classification, according
to the Township's adopted Ultimate Right-Of-Way Map. Any individual
area of such frontage less than 150 feet in length shall not be credited
towards this frontage requirement.
C.
A traffic impact study and community impact analysis, submitted in forms as described in § 182-120E and I of this chapter, respectively, shall be required for any conditional use application submitted pursuant to this article. Evaluation of the community impact analysis shall be in accordance with the procedure set forth in § 182-56 of the chapter. In addition to those requirements of § 182-120I, the community impact analysis shall demonstrate how the proposed application meets the legislative intent of this article. The community impact analysis shall also demonstrate the probable recreational demand for any proposed park, including the specific recreational amenities proposed. Said section shall include but not be limited to a description of amount and location of any tract(s) proposed as a park, and all proposed facilities to be developed therein. Said section shall indicate how the proposed land and facilities relate to the specific findings and recommendations of the Township's adopted Open Space and Recreation Plan.
The following general regulations shall apply
in the OSR Open Space Residential Community District:
A.
Ownership. The tract of land to be developed shall be in one ownership or shall be the subject of an application filed jointly by the owners of the entire tract, and it shall be agreed that the tract shall be developed under single direction in accordance with an approved master plan and declaration of restrictive covenants, pursuant to §§ 182-63.16 and 182-63.17 herein, respectively, and in accordance with approved subdivision and/or land development plans as shall be required. The master plan, declaration of restrictive covenants and development agreement required in Subsection D of this section, shall be binding upon all assignees or purchasers of property in the District.
B.
Sewer and water facilities. The tract shall be served
by public sewer and public water facilities deemed acceptable by the
Board of Supervisors, but subject to the following conditions and
exceptions:
(1)
Other sources of water supply may be approved
by the Board in relation to maintaining open space, parkland or other
landscape plantings, after receiving favorable comments from all required
reviewing agencies.
(2)
Alternative sewage disposal systems may be accepted
by the Board of Supervisors which would provide a means for the preservation
and maintenance of the proposed open space and/or parkland.
(3)
Before any action by the Board of Supervisors,
comments shall be received for all types of water and sewer supplies
from any of the following bodies, as required by the Township: the
Municipal Authority Engineer; Upper Providence Municipal Authority;
Delaware River Basin Commission; Pennsylvania Department of Environmental
Protection; and the Lower Perkiomen Valley Regional Sewer Authority.
[Amended 6-2-2008 by Ord. No. 490]
C.
Development plans. In addition to the master plan required pursuant to § 182-63.16 herein, actual application for development of all or part of a tract of land in this District shall be accompanied by subdivision and/or land development plans which shall comply with Chapter 154 of the Township Code, "Subdivision and Land Development". The plans shall be subject to the tentative, preliminary and final plan stages, in accordance with the requirements of that chapter.
D.
Development agreement. In addition to the declaration of restrictive covenants required pursuant to § 182-63.17 herein, approved development of all or any portion(s) of a tract in this District shall be executed in accordance with a development agreement in form and substance satisfactory to the Township. The owner, developer and Township shall enter into said agreement embodying all details regarding compliance with this article to assure the binding nature thereof on the overall tract and its development, which agreement shall be recorded with the final development plan for the tract, or phases(s) or portion(s) thereof, as appropriate. Should any final plans be amended subsequent to original recording, an approved amended final plan shall be recorded, together with an amended development agreement, as necessary.
A.
Density. The maximum number of dwelling units which may be permitted in a development pursuant to this article may be increased to a number which is no more than 50% greater than that which would be permitted under traditional design in the R-1 District. In order to compute the number of dwelling units which would be permitted by traditional design, the applicant shall provide a yield plan drawn in accordance with the flexible lotting provisions in the R-1 District, as stipulated in § 182-44G of this chapter; said yield plan shall be drawn to comply with the open space requirement in § 182-43 herein.
B.
Lot size, width and yard regulations. In order to allow the maximum flexibility in site design and to provide maximum open space preservation, lots may be reduced to a minimum of 12,000 square feet; provided, however, that at least 50% of the total number of lots in an OSR development shall have a minimum lot area of 15,000 square feet. Minimum lot width and yard regulations for all lots in this district shall be the same as those prescribed for fifteen-thousand-square-foot lots in the R-2 District as contained in § 182-47B of this chapter.
C.
Access restriction. No dwelling unit within the open
space residential community may take access directly from any road
with a feeder or higher classification, regardless of whether said
road is existing or proposed. All dwelling units shall gain access
from residential roads, internal access roads, drives, courts or similar
arrangements.
D.
Public road setbacks. A minimum setback of 250 feet shall be required from the nearest residential lot line to the ultimate right-of-way of any existing frontage roadway or proposed public road of collector or higher classification. A minimum setback of 100 feet shall be required from the nearest residential lot line to the ultimate right-of-way of any existing frontage roadway or proposed public road of feeder classification. These setback areas or portions thereof may be within individual residential lots, provided the applicable building setback (dependent upon lot orientation) is measured from the point at which the applicable lot line setback is established, in accordance with the aforementioned requirements of this subsection; provided, however, that these setbacks may be considered as a portion of the required open space as set forth in Subsection E of this section and shall adhere to the requirements therein.
E.
Open space. A minimum of 40% of the gross tract area of any development proposed pursuant to this article shall be in open space and/or parkland, exclusive of the cumulative area required for the residential lots proposed. A minimum of 50% of the required open space shall be available, at a minimum, to all residents of the development, or alternatively, all or a portion of the common open space may be made available to the public at large. Prior to determining the ownership of the required open space, the applicant shall offer, at a minimum, the aforementioned 50% portion of it for dedication to the Township. In deciding whether or not to accept any public open space, the Board of Supervisors shall obtain the recommendation of the Parks and Recreation Commission. In addition, all applicable provisions of Article IVA, Open Space and Recreational Facilities, of Chapter 154, Subdivision and Land Development, shall apply, except as may be modified in Subsection F below. Any open space or required setback area pursuant to Subsection D of this section, which is provided on individual residential lots, shall be deed restricted to prohibit any structural development and so as to be maintained exclusively as open space and landscaped area. Such areas, as well as all common open space areas not dedicated to the Township, shall be managed by a homeowner's association, legally recognized conservation organization or other group as approved by the Township.
[Amended 8-7-1995 by Ord. No. 342]
F.
Phasing. Any land to be dedicated to the Township
as parkland shall be so dedicated prior to approval of the final plan
for the first phase. No more than 50% of the approved dwelling units
shall be built until such time as improvements are implemented, as
approved by the Township, in any proposed public park area. Financial
security must be provided for said improvements at such time if the
installation of actual improvements is to be deferred to a later date.
As an alternative to installation and/or financial security for park
improvements, a fee in lieu thereof may be paid, in accordance with
the following:
(1)
With the approval of the Board of Supervisors, the applicant may provide a fee in lieu of constructing park improvements which would otherwise be required in accordance with Article IVA, Open Space and Recreational Facilities, of Chapter 154, Subdivision and Land Development.
[Amended 8-7-1995 by Ord. No. 342]
(2)
The fee applicable to the number of dwelling
units in any phase, in an amount as prescribed by the Township, shall
be paid prior to final plan approval for that phase.
G.
Height regulations. The maximum height for all buildings
shall be prescribed in the R-1 District.
H.
Building coverage. The maximum building coverage on
any individual residential lot shall be 20%.
J.
Lighting. Streetlighting for the residential areas shall be provided in accordance with the requirements of Chapter 154, Subdivision and Land Development, of the Code of the Township, § 154-40. Lighting for open space, park areas or related parking areas shall be provided as needed and arranged in a manner which protects the existing frontage roads and neighboring properties from direct glare or hazardous interference of any kind. Lighting shall also be arranged to avoid direct glare into the proposed residences.
[Amended 6-3-2002 by Ord. No. 416]
K.
Signs. All signage to be installed in any location within an open space residential community shall comply with all requirements for residential signs, as stipulated in Article XIX of this chapter. The following additional sign regulations shall govern:
(1)
For any section of the community which has a
separate identity that will distinguish it from other sections, one
identification sign with the name of that section may be permitted
at the main entrance to that section, the total area of which cannot
exceed 25 square feet. One additional identification sign may be permitted
at a secondary entrance, with an area not to exceed 15 square feet.
No identification sign for any residential section shall have a sign
height exceeding 12 feet.
(2)
Any recreational uses may be identified with
separate identification signs. No more than one sign shall identify
any major recreational use (such as but not limited to swimming pool,
tennis court area, etc.). Such signs shall not exceed an area of 35
square feet, nor have a sign height exceeding 15 feet. In addition,
incidental directional and street signs within the community directing
residents to various facilities may be permitted, provided that they
are internalized within the development and not seen from existing
frontage roads.
L.
Parking. Parking requirements in the OSR District
shall be as follows:
(1)
For the residents of each dwelling unit, parking shall be as required in § 182-179A(1) of this chapter.
(2)
Parking for any proposed public parkland shall
be provided in number sufficient to service the proposed uses and
facilities in the park area. Sufficient information shall be provided
within the applicant's community impact and traffic impact reports
to enable the Township to determine the appropriate number of parking
spaces.
M.
Additional development regulations. The following
additional regulation(s) shall be applicable to an open space residential
community, in recognition of the unique type of development which
it represents, wherein the Township believes such regulation(s) to
be adequate, based upon review and recommendation of the Township
Engineer.
(1)
Concrete rolled curb may be installed on private interior roads, in lieu of the stand-up curbing required in Chapter 154 of the Township Code, Subdivision and Land Development.
(2)
Secured or "gated" road entrances to the development
may be permitted.
(3)
Private culs-de-sac or courtyards may be permitted which exceed the maximum permitted length as stipulated in Chapter 154 of this Code, as long as emergency access, as may be required by the Township, is provided.
(4)
Sidewalks, as normally installed in conformance with the requirements of Chapter 154 of the Township Code, may be eliminated in portions of the community when they are replaced with a pedestrian walkway system, as provided for in § 182-63.16C of this article.
[Amended 8-1-2011 by Ord. No. 517]
A coordinated landscape plan, showing landscaping within the residential sections of the community, buffering as required herein, and any proposed shade trees shall be submitted. Landscaping shall be installed and the landscape plan drafted in accordance with the provisions of §§ 154-36 and 154-12G, respectively, of Chapter 154, Subdivision and Land Development.
A.
General landscaping requirements. Landscaping throughout
the community shall be planned in accordance with the following guidelines:
(2)
Buffer plantings shall be designed and installed in all of the frontage road setback areas as required in § 182-63.14D of this article. The intent of the buffer is to provide a natural, rural appearance and to adequately screen views from the abutting frontage roadway to the bulk of the adjacent residential units. The general design requirements for said buffers shall be in accordance with those for a Type 2A buffer, as contained in § 154-36D(5) of Chapter 154, Subdivision and Land Development; provided, however, that the width of said buffer shall be modified as prescribed herein. No less than 50% of the setback width shall be treated with plantings and/or berming. Neither treatment is required to be continuous, and said treatments may fall anywhere within the setback buffer area. Naturalistic planting and berm designs shall be used in all of the setback buffer areas. With the approval of the Township, stormwater management facilities may be placed within the setback areas; where they fall within the buffer area, they shall be incorporated into the buffer area design. Modifications to the precise buffer requirements of this Subsection A(2) may be permitted, upon review of the landscape plan by the Township, provided that the intent of the buffer, as stated herein, is met.
In any development pursuant to this article,
a master plan of the entire development tract shall be submitted for
approval by the Board of Supervisors. Once approved, said plan shall
be recorded prior to or simultaneously with the recording of the initial
subdivision and/or land development plan for any portion of the tract.
The following are the minimum requirements for said plan:
A.
As a minimum, said plan shall be drawn to tentative sketch plan requirements, pursuant to § 154-11 of Chapter 154, Subdivision and Land Development. The master plan shall show relationships between the proposed developed areas of the tract with the open space areas. It shall show how development of the entire tract, once executed in accordance with this plan, will function cohesively as an integrated development. The master plan shall depict proposed buildings/building groupings, lot lines, vehicular circulation, parking, usage of open space/park areas and a generalized landscaping scheme for the entire tract.
B.
Preservation of natural features shall be assured;
demonstration of this shall be documented through the master plan
and on subsequently required subdivision and/or land development plans
and landscape plans. The following shall be addressed in terms of
natural features preservation:
(1)
Floodplains and wetlands shall be protected in accordance with the Floodplain Conservation District, Article III of this chapter, and § 154-12C(5)(d) of the Township Subdivision and Land Development Ordinance, respectively, as well as all applicable state and federal regulations.
(2)
Steep slopes shall be protected in accordance with the Steep Slope Conservation District, Article XVIII of this chapter. When, in the opinion of the Township Engineer, soils information does not adequately depict steep slopes, topographic information shall be used to supplement it.
(3)
Disturbance of woodlands and other vegetation shall be minimized. Section 154-35B, Tree preservation, of Chapter 154, Subdivision and Land Development, shall be enforced. When more than 25% of the trees with a minimum of a six-inch caliper must be removed, compensatory planting shall be provided at a rate of one inch of new caliper for every four inches of caliper removed. Every replacement tree shall have a minimum of two-and-one-half-inch caliper. Alternative types of compensatory planting may be permitted, with the concurrence of the Township. No grade changes, installation of impervious cover or equipment storage shall be permitted within the dripline of any tree to be preserved; fencing shall be placed at the dripline before any site work is begun, including tree removal or grubbing.
C.
Pedestrian accommodations shall be included on the
development tract in locations logical to provide pedestrian movement
between residential areas, between residential areas and parkland
and between parkland and its associated parking lots. Said pedestrian
accommodations shall be encouraged in the common open space areas
and may replace some portions of traditional sidewalk if, in the opinion
of the Township, the pedestrian accommodations satisfy all of the
functions that the traditional sidewalk would serve. For any crossings
of roadways with a feeder or higher classification in accordance with
the Township's Ultimate Right-Of-Way Map, which would be required
for residents to access any parkland, appropriate signals, crosswalks
and other safety devices, as required by the Township, shall be installed.
For such a crossing of a roadway of lesser classification, suitable
markings and signage shall be provided to alert motorists of the crossing.
D.
Any change to proposed lots, buildings, circulation,
parking, open space configuration, landscaping or extent of natural
features preservation which is substantive in the opinion of the Board
of Supervisors will necessitate a revised master plan to be submitted,
approved and recorded to replace any prior master plan(s). The Board
may permit modifications, including but not limited to minor modifications
to the layout of residential lots within the same neighborhood or
cluster, without submission of a revised master plan. However, any
changes approved which are not shown on the currently recorded master
plan shall be reflected on the master plan next required. No subdivision
or land development for any development on the subject development
tract shall be approved without a current recorded master plan.
E.
The most current recorded master plan must contain
a tabulation of the ratio of open space provided on the development
tract and a tabulation of the number of dwelling units proposed and
tract-wide density which will result once said units are constructed.
Said tabulations shall be kept current through the most recently approved
subdivision and/or land development. A revised master plan must be
recorded simultaneously with the recording of each subsequently approved
subdivision and/or land development in order that the open space ratio
is continually updated.
F.
Phasing of a development in the OSR District is expected due to its scale. Phasing shall be reflected on the master plan, with changes to the phasing required to be reflected on a revised master plan. Subdivisions and/or land developments to implement all or a portion of any phase shall be processed in accordance with the requirements for the same in Chapter 154 of the Township Code; their depiction on the master plan is required once they are approved by the Township.
Accompanying the master plan, a declaration
of restrictive covenants must be approved by the Township and recorded.
Said declaration shall provide all of the restrictions necessary to
assure that a proposed development will operate as depicted on the
master plan. The following are the minimum requirements for the declaration:
A.
Provisions for the establishment of a homeowners'
association(s) or other similar entity as approved by the Township,
with mandatory membership by the current owner of each dwelling unit
represented in the master plan.
B.
Parties to the declaration of restrictive covenants
shall be bound by all restrictions contained therein and shall include,
at a minimum, members of the aforementioned association(s), developer,
mortgagees of any lot and/or building on the tract, any additional
legal entity responsible for open space management and any other parties
having any interest in all or any part of the proposed development
and the Township. Provisions shall be included to permit Township
enforcement of the restrictions contained in the declaration, in the
event that the responsible association(s) or other entities fail to
do so.
C.
Cross easements shall be included, which shall assure
proper circulation throughout the development and access to all common
recreation and open space areas, roadways and common parking areas.
D.
Provisions to ensure that development of any buildings,
parking or other similar improvements be prohibited on any lots to
be utilized solely for open space purposes, as indicated on the most
currently approved master plan.
E.
Provisions stipulating each lot owner/resident's rights
with respect to common areas.
F.
Any additional restrictions which will be applied
to the development which are stricter than existing Township regulations.
G.
Any change to cross easements, maintenance responsibilities
or other applicable restrictions which is substantive in the opinion
of the Board of Supervisors will necessitate an amendment to the declaration
of restrictive covenants to be submitted, approved and recorded to
replace any prior such document. No subdivision or land development
for any development on the subject development tract shall be approved
without a current recorded declaration of restrictive covenants.
