Bethlehem Township City Zoning Code
ARTICLE XXII
Single-Family Cluster Development
§ 275-197 Purpose.
A.
To permit, within specific conditions, creative, functional and well-designed residential development as an alternative to conventional lot layouts.
B.
The applicant shall have the burden of proof to prove that the conditions of this article are met, to the satisfaction of the Board of Commissioners.
C.
This article seeks to encourage affordable housing by reduction in the costs of development by permitting layouts using less street length and less length of curb, sidewalk and utility lines and less grading.
D.
This article seeks to preserve environmentally sensitive areas and hard-to-develop areas in open space.
E.
This article provides a method to allow usable recreation land to be provided in a tract without reducing the amount of homes that a developer can build.
§ 275-198 Lot and area requirements.
B.
Minimum lot area reduction. If a single-family cluster development under this article is duly approved, the following reductions shall be allowed in the minimum lot area (measured in square feet) for lots for single-family detached houses:
(1)
For lots served by both public water and public sewer service:
Zoning District | Minimum Lot Area Under Conventional District Regulations (square feet) | Minimum Lot Area Under this Article (square feet) | Minimum Percentage of the Tract in Common Open Space Under this Article | |
|---|---|---|---|---|
CR | 87,120 | 20,000 | 70% | |
AG | 43,560 | 20,000 | 30% | |
RR | 21,000 | 15,000 | 20% | |
RR | 21,000 | See Subsection B(2) | ||
LDR | 15,000 | 12,000 | 15% | |
MDR | 10,000 | 9,000 | 10% | |
MHDR | 8,000 | 7,000 | 10% |
(2)
For lots served by either public water or public sewer service:
Zoning District | Minimum Lot Area Under Conventional District Regulations (square feet) | Minimum Lot Area Under this Article (square feet) | Minimum Percentage of the Tract in Common Open Space Under this Article | |
|---|---|---|---|---|
CR | 87,120 | 43,560 | 50% | |
AG | 65,340 | 40,000 | 25% | |
RR, LDR, MDR, MHDR | 43,560 | 39,000 with public water service; 30,000 with public sewage service | 20% |
(3)
For lots not served by either public water or public sewer service:
Zoning District | Minimum Lot Area Under Conventional District Regulations | Minimum Lot Area Under this Article | Minimum Percentage of the Tract in Common Open Space Under this Article | |
|---|---|---|---|---|
CR | 87,120 | 43,560 | 60% | |
AG | 87,120 | 43,560 | 35% | |
RR, LDR, MDR, MHDR | 43,560 | 39,000 | 10% |
(4)
Additional option in RR District:
(a)
In the RR District, if a tract in common ownership includes a minimum of 60 acres, then cluster development meeting the following standards shall be permitted as a conditional use:
[1]
Single-family detached, single-family semidetached (twin) dwellings and/or townhouses shall be permitted, provided each dwelling unit is served by both public water and public sewage service.
[2]
A minimum of 85% of the total area of the tract shall be permanently preserved in open space. A golf course may be used to meet this open space requirement, provided that a total maximum of 5% of the golf course is covered by impervious surfaces.
[3]
The maximum net density of all housing shall be eight units per acre.
C.
Minimum lot width reduction. The minimum lot width shall be reduced by the same percentage that the minimum lot area was reduced.
D.
Other requirements. All requirements of this chapter that are not specifically reduced by this article shall remain in full effect.
E.
Permitted uses. A single-family cluster development may only include single-family detached houses and their customary and incidental accessory uses, unless otherwise specifically stated.
§ 275-199 Qualifying conditions.
No single-family cluster development shall be approved unless the applicant proves in the determination of the Board of Commissioners, considering the advice of the Planning Commission, that the cluster development would be superior to what would occur in a conventional development under the existing zoning, based upon one or more of the following standards:
A.
The cluster option would result in the permanent preservation in common open space of land along a creek, river or lake or land that is densely wooded or that is steeply sloped, or that would be highly suitable for additions to existing public parkland, such as passive parkland along the Monocacy Creek, Lehigh Canal and/or the Lehigh River.
B.
The cluster option would allow the permanent preservation in common open space of land clearly suitable for active recreation, considering review by the Township Park and Recreation Commission.
C.
The cluster option would result in landscaped open space providing a substantial buffer to reduce conflicts between dwellings and existing or potential nuisance-generating uses (such as an adjacent industrial district) or an existing or planned expressway or arterial highway (such as Routes 22 and 33).
D.
The cluster option would result in the permanent preservation of a tract of agricultural land that is economical in configuration and characteristics. Such agricultural land may include crop land, plant nurseries (with on-site retail sales limited to plants primarily grown on the premises), Christmas tree farms or hayfields, but shall not include new intense indoor livestock operations.
§ 275-200 Cluster open space requirements.
A.
Ownership and management alternatives. The required minimum percentage of a tract in open space of § 275-198 shall be met by permanently dedicating land as open space, within one of the following procedures:
(1)
Public ownership. The open space required under this section may be accepted by the Township, the county, the state or the school district for recreation or other clearly valid public purposes. No government entity is under no obligation to accept ownership or maintenance of the open space.
(2)
Home owners association ownership. This process for maintenance of the commonly owned land shall meet the requirements of § 705(d) of the Municipalities Planning Code.[1] All such agreements shall be reviewed by the Township Solicitor and require the approval of the Board of Commissioners prior to recording of deeds to ensure that adequate provisions are included for the perpetual maintenance of such land.
[1]
Editor's Note: See 53 P.S. § 10705(d).
(3)
Larger lots. In exceptional circumstances where it is the only reasonable procedure for ensuring proper maintenance of land, the required open space may be added to become parts of lots. All lots shall meet the minimum lot size requirements and other requirements of this article and chapter prior to addition of the open space.
(4)
Dedication of noncontiguous land. In place of open space dedication within the tract, the Board of Commissioners may allow an applicant to dedicate land to the Township or the County that is noncontiguous to the tract and that is located within the CR District. The amount of such a dedication shall be twice the land area that would be required to be dedicated if the dedication were within the same tract as is proposed for housing development.
(5)
Rental development. The required open space may be owned and maintained as part of a clearly primarily rental development, provided that the open space is clearly integrated throughout the rental development. No such rental units shall then be sold as condominium units unless the Board of Commissioners accept use of an alternative process for maintenance and ownership under this section.
B.
Decision. The Board of Commissioners, after considering the advice of the Planning Commission and the Township Recreation Commission, shall decide which of the procedures for ownership and management of the open space in this section shall be used in each individual case, if a single-family cluster development is to be approved.
C.
Size. Required common open spaces shall have a minimum lot area that is contiguous of greater than 25,000 square feet and have a minimum width of 50 feet, which may include adjacent existing public parkland.
D.
Nearby schools. If the proposed tract would be within 800 feet of an existing public school property, the school district should be given an opportunity to comment on the proposed open space.
E.
Open space improvements. The application shall include a detailed and legally binding, if approved, description of the improvements the applicant proposes to complete to the common open spaces to make them suitable for passive and/or active recreation. No application shall be approved if the common open space would not be clearly suitable for active and/or passive recreation.
(1)
Suitability for passive recreation shall include improvements that are clearly within the character of the following examples:
(2)
Suitability for active recreation shall include improvements that are clearly within the character of the following examples:
(3)
Suitability for use as a buffer shall include substantial planting of trees and shrubs on the land, and the preservation of existing wooded areas, in such a manner as will eventually result in the reforestation of the land.
(4)
All common open spaces shall be improved by the developer in such a manner so as to be usable for the intended function. All such areas shall be clear of rocks that did not exist on the open space areas prior to any development and free of all construction debris.
F.
Unacceptable lands. The following land areas shall not be used to meet the minimum required amount of open space under this section:
(1)
Wetlands required to remain largely undisturbed under federal or state regulations.
(2)
Any land area that would be required to be set aside as open space or recreational land under other provisions of this chapter or Chapter 230, Subdivision and Land Development, as amended.
(3)
Lands that would serve no valid purpose for active or passive recreation or the preservation of environmentally sensitive areas.
(4)
Any stormwater detention areas, except for portions that the applicant may prove to the satisfaction of the Township would be suitable and reasonably safe for recreation during the vast majority of times of the year.