Carroll Valley City Zoning Code
PART 6A
TRANSITIONAL DENSITY RESIDENTIAL OVERLAY TDRO DISTRICT
§ 27-6A01 Statement of Legislative Intent.
[Ord. No. 2-2024, 7/9/2024]
The intent of the TDRO District is to provide for limited high density single-family residential communities utilizing cluster style design techniques providing a density transition between zones of lower and higher density.
§ 27-6A02 Use Regulations.
[Ord. No. 2-2024, 7/9/2024]
§ 27-6A03 Dimensional Requirements.
[Ord. No. 2-2024, 7/9/2024]
1.
All uses permitted within the R2 District, except cluster residential lots, shall comply with all applicable dimensional requirements set forth in § 27-603 of this chapter.
2.
Cluster residential lots shall comply with the requirements of the following table:
Minimum Lot Area | 6,000 square feet |
Minimum Lot Width | 60 feet1 |
Minimum Front Setback | 20 feet |
Minimum Side Setback | Total: 15 feet; Minimum per side: 5 feet |
Minimum Rear Setback | 20 feet |
Maximum Lot Coverage | 60% |
Minimum Vegetative Coverage | 40% |
Maximum Building Height | 35 feet |
Minimum Dwelling Unit Livable Floor Area | N/A |
Note: | |
1 | Cul-de-sac lot width measured at a uniform building setback line. |
§ 27-6A04 General Development Standards.
[Ord. No. 2-2024, 7/9/2024]
Any development, whether proposed initially or cumulatively, on a parcel existing as of the effective date of this Part, and involving five or more dwelling units, shall comply with the following general developmental standards:
1.
Open Space. Where a parcel is proposed for development, an integrated open space area shall be provided. The open space area shall meet the following requirements:
A.
Area. A minimum of 30% of the parcel shall be devoted to open space.
B.
Lands Contributing to Open Space. Open space may include areas dedicated to recreational purposes, natural area, important environmental features, and perimeter buffers. Stormwater management facilities, private yards, and common lands surrounding residential uses (for example, land surrounding a dwelling unit organized as a condominium) are specifically excluded from being included as open space.
C.
Use. Open space shall be designated for common use and enjoyment of the residents of the development. Active and passive recreation areas shall specifically be permitted within open space areas.
D.
Proximity to Dwelling Units. A minimum of 65% of the dwelling units within the development shall abut an open space area.
E.
Trail System. Within the open space area, a pedestrian trail system shall be provided that meets the following standards:
(1)
The trail system shall be designed so that a residence can use the trail system to access all portions of the development, specifically including the designated recreation area.
(2)
The trail system shall be provided with a stable surface that meets accessibility standards. Such stable surface may include paving, but may also include other surfaces such as crusher fines and boardwalks that form a firm and stable trail surface.
(3)
The trail system shall be designed so that it can be extended to other existing or planned trail systems on adjoining or surrounding properties.
F.
Open Space Ownership. Ownership of designated open space within a development shall comply with one of the following ownership options:
(1)
Fee Simple Dedication to the Borough. All or a portion of the open space areas may be offered for dedication to the Borough. Should the Borough agree to accept dedication of the open space areas, there shall be no cost of acquisition to the Borough, and the Borough shall agree to accept and maintain any existing or proposed facilities within the open space areas.
(2)
Homeowners' Association. Open space areas may be held in common ownership subject to all of the provisions for homeowners' associations as set forth in relevant state law and regulations.
(3)
Private, Non-Profit Conservation Organization. Open space areas may be transferred by fee simple title to a private, non-profit organization. Should this option be utilized, the open space areas shall be subject to a recorded conservation easement providing that the open space areas will be permanently maintained as open space and any existing or proposed facilities within the open space shall be maintained by the private, non-profit organization. The conservation easement shall provide that the Borough may enforce the provisions of the conservation easement and require the private, non-profit organization to maintain said open space area and any existing or proposed facilities within the open space area.
(4)
Non-Common Private Ownership. Open space areas within development may be transferred to non-common private ownership, provided that a conservation easement consistent with the provisions of Subsection 1F(3) above is established.
(5)
Combination of Ownership Options. A combination of ownership options may be utilized.
G.
Open Space Maintenance. Maintenance of open space areas within a development shall comply with the following standards:
(1)
Maintenance responsibility of the open space areas shall be borne by the designated owner(s) of said open space areas. However, any required conservation easement shall afford the Borough the ability to conduct open space maintenance should the designated owner(s) fail to do so.
(2)
At the time of preliminary plan submission in accordance with the applicable requirements of the Carroll Valley Borough Subdivision and Land Development Ordinance,[1] a maintenance plan for the designated open space area shall be submitted. Such plan shall include the following:
(a)
Schedule of regular and periodic operation and maintenance activities for each component of the open space area.
(b)
Estimate of annual costs for the open space area operation and maintenance activities.
(c)
Estimate of other annual costs associated with the open space area. These may include, but are not limited to, staffing and insurance costs.
(d)
Estimate of costs of potential long-term capital improvements that are shown on the preliminary plan that will not be constructed as part of the final land development plan and are to be made by the owner of the open space area in the future, if any, and the means for funding said improvements.
(3)
In the event that the owner(s) neglect to maintain the open space area and associated facilities in a manner consistent with the conservation easement and/or the maintenance plan, upon 30 days' prior written notice to the owner, the Borough may enter the premises to take corrective actions, including regular and periodic maintenance.,. Any costs associated with such corrective actions shall be assessed against the open space area property as a municipal lien.
2.
Residential Neighborhood Buffer. Where a parcel proposed for development abuts an existing residential neighborhood, an open space perimeter buffer shall be established in accordance with the following standards:
A.
The buffer shall begin at the property line and be a minimum of 50 feet in width, measured inward from the property line.
B.
The buffer shall be vegetated, and existing vegetation within the buffer shall, at a minimum, be maintained.
(1)
Where the buffer area is forested, the retention of existing forested vegetation can be applied to the requirements of the Forested Land Overlay (FLO) District of Part 12.
(2)
Where the buffer area lies within an area subject to the Riparian Buffer Overlay (RBO) District, and where the restoration of the riparian buffer is proposed through the planting of trees, said restoration can be applied to the requirements of the RBO District.
3.
Lot Frontage. All lots shall front on, and be provided access from, a new street within the development. Under no circumstances shall new lots be permitted to be provided access from an existing street.