Barrett Township City Zoning Code
ARTICLE XII
Conservation Design
§ 525-30 Purpose.
In conformance with the state enabling legislation, the purposes of this article, among others, are as follows:
A.
To conserve open land, including those areas containing unique and sensitive natural features such as woodlands, steep slopes, streams, floodplains, and wetlands, by setting them aside from development.
B.
To provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads, utility runs, and the amount of paving required for residential development.
C.
To reduce soil erosion and sedimentation by the retention of existing vegetation and the minimization of development on steep slopes.
D.
To implement adopted Township policies to conserve a variety of irreplaceable and environmentally sensitive resource lands as set forth in the Barrett-Mt. Pocono-Paradise Open Space Recreation Plan (2002), including provisions for reasonable incentives to create a greenway system for the benefit of present and future residents.
E.
To implement adopted land use, transportation, and community policies as identified in the Township's Comprehensive Plan.
F.
To create neighborhoods with direct visual access to open land with amenities in the form of neighborhood open space and with a strong neighborhood identity.
G.
To provide multiple options for landowners in order to minimize impacts on environmental resources (sensitive lands such as wetlands, floodplains, and steep slopes) and disturbance of natural or cultural features (such as mature woodlands, hedgerows and tree lines, critical wildlife habitats, historic buildings, and fieldstone walls).
H.
To provide standards reflecting the varying circumstances and interests of individual landowners and the individual characteristics of their properties.
I.
To conserve scenic views and elements of the Township's character and to minimize perceived density by minimizing views of new development from existing roads.
§ 525-31 Design options.
In order to achieve the above-noted purposes, this article provides for flexibility in designing new residential subdivisions by allowing two forms of by-right development referred to as "options," as summarized below:
A.
Option 1. Neutral density and basic conservation, providing for residential uses at the density permitted by the underlying zoning district. Greenway lands comprise 50% or more of the gross tract area. The flexibly designed layouts work well with both individual wells and septic systems located in the open space, or with central wells and sewage treatment facilities.
B.
Option 2. Enhanced density with greater conservation, providing for higher density residential uses and a larger percentage (60% of more) of greenway land in more flexibly designed layouts. Public or community sewer and water systems are required.
§ 525-32 General regulations.
The design of all new subdivisions in the Conservation Design Overlay District shall be governed by the following minimum standards:
A.
Ownership. The tract of land may be held in single and separate ownership or by multiple owners. However, when a tract is held by multiple owners, it shall be planned as a single entity with common authority and common responsibility.
B.
Site suitability. As evidenced by the existing resources/site analysis plan, the conceptual preliminary plan, and the detailed final plan, the tract incorporating this design option shall be suitable for supporting development in terms of environmental conditions, its size and configuration.
C.
Combining the design options. The various layout and density options described in this article may be combined at the discretion of the Board of Supervisors upon recommendation of the Planning Commission, 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.
D.
Intersections and access. New intersections with existing public roads shall be minimized.
E.
Sensitive area disturbance. The proposed design shall strictly minimize disturbance of environmentally sensitive areas, as shown on the existing resources and site analysis plan. Lands within the 100-year floodplain, wetlands, slopes in excess of 25%, and rock outcroppings constitute such environmentally sensitive areas where disturbance shall be strictly minimized. Demonstration by the applicant that these features will be protected by the proposed application shall be a prerequisite to approval of both the conceptual preliminary plan and the detailed final plan.
F.
Community wastewater systems. All community wastewater disposal systems shall be designed and constructed in accordance with the regulations of the Pennsylvania Department of Environmental Protection, and shall be subject to the review and recommendation of the Township Engineer and Sewage Enforcement Officer.
§ 525-33 Use regulations.
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 and 2 subdivisions:
(2)
On tracts less than six acres, existing on the effective date of this chapter, single-family detached dwellings are permitted under the standards for Options 1 and 2 found in §§ 525-34 and 525-35, and conventional lots with no required greenway land, as formerly permitted throughout the R and C Districts under the existing zoning ordinance.
B.
Greenway land. Greenway land comprising a portion of residential development, as specified above and according to requirements of § 525-36.
C.
Nonresidential uses. The following nonresidential uses are permitted in accordance with the standards of § 525-39.
(1)
Agricultural uses, including horticultural, wholesale nurseries, orchards, the raising of crops or livestock, and buildings related to the same.
(2)
Woodlots, arboreta, and other similar silvicultural (forestry) 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.
§ 525-34 Dimensional standards and density determination.
A.
Dimensional standards for Option 1: neutral density and basic conservation.
(1)
Density factor. One dwelling unit per 65,340 square feet (1.5 acres) in the R District, and one dwelling unit per 87,120 square feet (two acres) in the C District, as determined through the adjusted tract area method or yield plan method described in § 525-34C, herein. This is density neutral with the underlying zoning provisions for these districts. Please note that it may not be possible to meet the maximum density with on-lot sewer and water systems. If maximum density determined by the adjusted tract area method is not achievable because of the standards for on-lot sewer and water systems, the density shall be determined using the yield plan method.
(2)
Minimum required greenway land. The subdivision must include at least 50% of the adjusted tract area plus all of the constrained land calculated in § 525-34C, below, as greenway land. Greenway land shall not be used for residential lots.
(3)
Dimensional standards for Option 1. The dimensional standards are based on the availability of community or public sewer and water, community or public sewer or water (with the other system being on-lot), and on-lot sewer and water. Refer to table below.
Design Standard | Community/Public Sewer and Water | Community/Public Sewer or Water | On-lot Sewer and Water |
|---|---|---|---|
Minimum lot size (square feet) | 20,000 | 30,000 | 30,000 |
Minimum lot width (feet) at building setback line | 80 | 100 | 120 |
Minimum street frontage (feet) | 20 | 20 | 20 |
Minimum front yard (feet) at ultimate right-of-way line | 20 | 20 | 20 |
Minimum rear yard (feet) | 40 | 40 | 40 |
Minimum/aggregate side yard (feet) | 5/35 | 5/35 | 5/35 |
Maximum impervious surface coverage | 25% | 20% | 20% |
Maximum building height (feet) | 35 | 35 | 35 |
B.
Dimensional standards for Option 2: enhanced density with greater conservation.
(1)
Density factor. One dwelling unit per 49,000 square feet (1.125 acres) in the R District, and one dwelling unit per 65,340 square feet (1.5 acres) in the C District, as determined through the adjusted tract area method or yield plan method described in § 525-34C herein.
(2)
Minimum required greenway land. The subdivision must include at least 60% of the adjusted tract area plus all of the constrained land calculated in § 525-34C, below, as greenway land. Greenway land shall not be used for residential lots.
(3)
Dimensional standards for Option 2. Community or public sewer and water systems are required. Refer to table below.
Design Standard | Community/Public Sewer and Water |
|---|---|
Minimum lot size (square feet) | 18,000 |
Minimum lot width (feet) at building setback line | 80 |
Minimum street frontage (feet) | 20 |
Minimum front yard (feet) at ultimate right-of-way line | 20 |
Minimum rear yard (feet) | 40 |
Minimum/aggregate side yard (feet) | 5/35 |
Maximum impervious surface coverage | 30% |
Maximum building height (feet) | 35 |
C.
Density determination for Option 1 and 2 subdivisions. Applicants shall have the choice of two methods of determining the maximum permitted residential building density on their properties. They are as follows:
(1)
Adjusted tract area method. Determination of the maximum number of permitted dwelling units on any given property shall be based upon the adjusted tract area of the site.
(a)
The adjusted tract area equals the gross tract area minus the constrained land, defined as the sum of the following:
Feature | Factor Applied to Acreage with Feature |
|---|---|
Land within the rights-of-way of existing public and private streets or highways, or within the existing rights-of-way or easements of aboveground or underground utilities that have defined widths | 1.00 |
Land within existing areas comprising permanent drainage or stormwater management easements | 1.00 |
Land without development opportunities due to existing restrictions, such as restrictive covenants and/or conservation easements | 1.00 |
Designated wetlands | 0.75 |
Floodway | 1.00 |
100-year floodplain | 0.50 |
Steep slopes exceeding 25% | 0.50 |
Moderately steep slopes between 15% and 25% | 0.15 |
Rock outcroppings and boulder fields of more than 5,000 square feet | 0.75 |
(b)
If a portion of the tract is underlain by more than one natural feature subject to density factor, that acreage shall be subject to the most restrictive density factor.
(c)
Since acreage that is contained within the public or private rights-of-way, access easements or access strips is excluded from developable lot area, any portion of these items that also contains a natural feature subject to a deduction from the gross tract area should not be included when calculating the adjusted tract area.
(2)
Yield plan method. Determination of density, or maximum number of permitted dwelling units, shall be based upon a yield plan. A yield plan shall meet the following requirements:
(a)
Yield plans must be prepared as conceptual layout plans in accordance with the standards of Chapter 450, Subdivision and Land Development, 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, steep slopes, existing easements or encumbrances and, if on-lot sewer systems are proposed, the suitability of soils for subsurface sewage disposal.
(b)
Yield plans should also reflect the dimensional standards for the zoning district(s) in which the proposal is located, and the development option(s) chosen. The yield plan must identify the site's primary and secondary resources, as identified in the existing resources/site analysis plan, and demonstrate that the primary resources could be successfully absorbed on the lots without disturbance.
(c)
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 conventional lots. Based on the primary and secondary resources, identified as part of the inventory and analysis, and observations made during an on-site visit of the property, the Planning Commission shall select a 10% sample of the lots, considered to be marginal, for on-lot sewage disposal. The applicant is required to provide evidence that each of these lots meets the standards for an individual septic system. 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 10% sample shall be selected by the Township Planning Commission and tested for compliance. This process shall be repeated until all lots in a given sample meet the standard for an individual septic system. The applicant shall be granted the full density determined by the resulting yield plan.
(d)
The following dimensional standards shall be used in the development of yield plans for Option 1 and 2 subdivisions in the R and C Districts. These minimum aerial dimensions are exclusive of all wetlands, slopes greater than 25%, and land under high-tension electrical transmission lines (69kV or greater). No more than 25% of the minimum required lot area may consist of land within the 100-year floodplain and only then if it is free of wetlands.
Standard | R District Option 1 | R District Option 2 | C District Option 1 | C District Option 2 |
|---|---|---|---|---|
Minimum lot area (square feet) | 65,340 | 49,000 | 87,120 | 65,340 |
Minimum lot width (feet) | 125 | 110 | 150 | 125 |
Front yard setback (feet) | 50 | 50 | 50 | 50 |
Rear yard setback (feet) | 25 | 25 | 25 | 25 |
Side yard setback (feet) | 15/30 | 15/30 | 15/30 | 15/30 |
§ 525-35 Design standards for Option 1 and 2 subdivisions.
B.
All new dwellings shall meet the following setback requirements:
Feature | Required Setback (feet) |
|---|---|
Ultimate right-of-way of external roads | 100 |
All other tract boundaries | 50 |
Cropland or pasture land | 100 |
Building or barnyard housing livestock | 300 |
Active recreation area such as court or playing field (not including tot-lots) | 150 |
C.
House lots shall generally be accessed from interior streets, rather than from roads bordering the tract.
D.
At least 3/4 of the lots shall directly abut or face greenway land across a street.
§ 525-36 Greenway land use and design standards.
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, orchards, and 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.
(3)
Pastureland for horses used solely for recreational purposes. 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. Diseased or damaged limbs or trees may be removed at any time.
(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 as determined by the Board of Supervisors.
(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 10 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 20 parking spaces each.
(7)
Golf courses, including their parking areas and associated structures, may comprise up to half of the minimum required greenway land but shall not include miniature golf.
(8)
Water supply and sewage disposal systems and stormwater detention areas designed, landscaped, and available for use as an integral part of the greenway. Land used for sewage lagoons may not be counted toward the minimum required greenway land.
(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 (in the Comprehensive Plan) to encourage that an interconnected network of open space will be provided. 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 and described in § 450-57, Greenway design review standards, in Chapter 450, Subdivision and Land Development.
(2)
The minimum amount of greenway land shall be provided as set forth in § 525-34A(2) and B(2). 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 (typically as part of the original farmhouse or estate). However, in no case shall less than 30% of the land comprising the adjusted tract area 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)
Buffers for adjacent public parkland. Where the proposed development adjoins existing public parkland, a natural greenway buffer at least 150 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).
C.
Other requirements.
(1)
No portion of any building lot may be used for meeting the minimum required greenway land. However, active agricultural land with farm buildings, excluding areas used for residences, may be used to meet the minimum required greenway land.
§ 525-37 Permanent greenway protection through conservation easements.
In Option 1 and 2 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 generally be prohibited, except as necessary to create trails, active recreation facilities, and to install subsurface septic disposal systems or spray irrigation facilities.) The determination of necessity shall lie with the Board of Supervisors. A list of permitted and conditional uses of greenway lands is contained in this article in §§ 525-33 and 525-36.
§ 525-38 Discretionary density bonuses.
The Board of Supervisors may allow additional density when one of the following public benefits is proposed:
A.
Public usage of greenway land. The Board of Supervisors may encourage the dedication of land for public use (including active and passive recreation areas, municipal buildings, etc.) according to the following standards. A density bonus for greater public usage of greenway land in new subdivisions shall be computed on the basis of a maximum of one dwelling unit per five acres of greenway land or per 2,500 linear feet of trail that becomes publicly accessible. The decision whether to accept an applicant's offer to dedicate greenway land to public usage within a proposed subdivision shall be at the discretion of the Board of Supervisors, which shall be guided by the recommendations contained in the Open Space Plan, particularly the Greenways and Open Space Conservation Plan that shows proposed greenway links that are publicly accessible.
B.
Endowment for greenway maintenance.
(1)
When greenway land is to be donated to the Township, the Board of Supervisors may allow up to 10% density bonus to generate additional income to the applicant for the sole purpose of endowing a permanent fund to offset continuing costs of maintaining the greenway land (involving activities such as mowing meadows, removing invasive vines, paying insurance premiums and local taxes, etc.), including costs associated with active or passive recreation facilities. Spending from this fund should be restricted to expenditure of interest so that the principal may be preserved. Assuming an annual average interest rate of 5%, the amount designated for the endowment fund shall be at least 20 times the estimated annual maintenance costs. Such estimate shall be prepared by an agency, firm, or organization acceptable to the Board of Supervisor, and with experience in managing conservation land and recreational facilities. The developer shall transfer this fund to the designated entity with ownership and maintenance responsibilities at the time this entity is created.
(2)
When estimating the projected maintenance costs of the greenway land, greenway land that is not accessible by the subdivision residents for their common enjoyment need not be included in the calculations. Such lands would typically include areas designated on the final plan as land reserved for future agricultural, horticultural, silvicultural (forestry), or equestrian uses, which may be leased or sold to another party for those express purposes, and which are protected from future development by a permanent conservation easement. In such cases, the density bonus shall be adjusted proportionately to reflect only the acreage that is accessible to residents for their passive or active recreation.
§ 525-39 Ownership and maintenance of greenway land and common facilities.
A.
Development restrictions. All greenway land shall be permanently restricted from future subdivision and development. Under no circumstances shall any development be permitted in the open space at any times, except for those uses listed in § 525-36.
B.
Ownership options. The following methods may be used, either individually or in combination, to own common facilities. Common facilities 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 or in the open space ratio of the overall development. Ownership methods shall conform to the following:
(2)
Condominium association. Common facilities may be controlled through the use of condominium agreements. Such agreements shall be in accordance with relevant state law. All open land and common facilities shall be held as common element.
(3)
Homeowners' associations. Common facilities 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.
(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 and mandatory for all purchasers of dwelling units therein and their successors in title.
(d)
The association shall be responsible for maintenance and insurance of common facilities.
(e)
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 or her dues. Such dues shall be paid with the accrued interest before the lien may be lifted.
(f)
Written notice of any proposed transfer of common facilities by the association or the assumption of maintenance of common facilities must be given to all members of the association and to the Township no less than 30 days prior to such event.
(g)
The association shall have adequate staff to administer, maintain, and operate such common facilities.
(4)
Private conservation organization or Monroe County. With permission of the Township, an owner may transfer either fee simple title of the open space or easements on the open space to a private nonprofit conservation organization or to Monroe 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 to a homeowners' association in the event that the organization or Monroe 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.
(d)
A maintenance agreement, acceptable to the Township, is established between the owner and the organization or Monroe 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 common land or facilities. In such cases, the facility remains in the ownership of the condominium association, the homeowners' associations, or private conservation organization while the easements are held by the Township. In addition, the following regulations shall apply:
(6)
Noncommon private ownership. 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 open space is permanently restricted from future development through a conservation easement, except for those uses listed in § 525-36, and that the Township or any owner in the subdivision is given the ability to enforce these restrictions.
C.
Maintenance.
(1)
Unless otherwise agreed to by the Board of Supervisors, the cost and responsibility of maintaining common facilities and greenway land shall be borne by the property owner, condominium association, homeowners' association, or conservation organization.
(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, associated costs, and define the means for funding 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)
At the Township's discretion, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common facilities for up to one year.
(e)
Any changes to the maintenance plan shall be approved by the Board of Supervisors.
(3)
In the event that the organization established to maintain the greenway lands and the common facilities, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the Township may assume responsibility for maintenance, in which case escrow funds may 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, 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 offices of the Prothonotary of Monroe County.