Coolbaugh Township City Zoning Code
ARTICLE VI
Residential Standards: Conservation Design Development
§ 400-20 Concept.
A key concept associated with conservation design is to focus on residential density instead of minimum lot size. In a standard subdivision, the land is simply cut into as many lots as possible while meeting the minimum lot size requirement. Under conservation design, which is based on unit density instead of minimum lot size, the size of individual lots sold can vary in size, provided the total number of lots does not exceed the density which is based on the underlying minimum lot size. In conservation design, the maximum lot size is the critical element, as it really defines the minimum open space that must be conserved.
§ 400-21 Purposes.
In conformance with the Pennsylvania Municipalities Planning Code,[1] the purposes of this section, among others, are as follows:
A.
To conserve open land containing unique and sensitive natural features such as woodlands, steep slopes, streams, floodplains and wetlands.
B.
To conserve areas critical to the visual integrity of the landscape by setting them aside from development.
C.
To conserve scenic views and elements of the landscape, and to minimize perceived density, by minimizing views of new development from public viewing points.
D.
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.
E.
To reduce erosion and sedimentation by the retention of existing vegetation, and the minimization of development on steep slopes.
F.
To provide for a diversity of lot sizes and housing choices at the underlying zoning district density to accommodate a variety of age and income groups, and residential preferences, so that the community's population diversity may be maintained.
G.
To implement adopted municipal policies to conserve a variety of irreplaceable and environmentally sensitive resource lands as set forth in the Coolbaugh Township, Borough of Mount Pocono, Tobyhanna Township, Tunkhannock Township Regional Comprehensive Plan and the Coolbaugh Township, Borough of Mount Pocono, Tobyhanna Township, Tunkhannock Township Regional Open Space and Recreation Plan.
H.
To implement adopted land use, transportation, and community policies as identified in the Coolbaugh Township, Borough of Mount Pocono, Tobyhanna Township, Tunkhannock Township Regional Comprehensive Plan.
I.
To protect productive forest land in the Township for continued use by conserving blocks of land large enough to allow for efficient forest management operations.
J.
To enable the creation of residential communities with direct visual access to open land and amenities in the form of open space.
K.
To provide for the conservation and maintenance of open land to achieve the above-mentioned goals and for active or passive recreational use by residents.
L.
To provide multiple options for landowners in order to minimize impacts on environmental resources and sensitive lands such as streams, water bodies, wetlands, floodplain, and steep slopes, and minimize the disturbance of natural or cultural features such as mature woodlands, hedgerows and tree lines, critical wildlife habitats, historic buildings, and fieldstone walls.
M.
To provide standards reflecting the varying circumstances and interests of individual landowners, and the individual characteristics of their properties.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 400-22 Districts; development options.
B.
Development options. In order to achieve the purposes in § 400-21, this section provides for flexibility in designing new residential subdivisions by allowing the following forms of development referred to as options, as listed below:
(1)
By right (permitted use) in WC, R-1 and R-2 Districts.
(a)
Option 1. Basic Density and Basic Conservation providing for residential lots/units at the density permitted by the Density and Conservation Open Space Table in § 400-25, with not less than 50% of the tract comprised of conservation open space.
(b)
Option 2. Increased Density with Increased Conservation providing residential lots/units at the density permitted by the Density and Conservation Open Space Table in § 400-25, with not less than 60% of the tract comprised of conservation open space.
C.
Applicability.
(2)
Exemption for 10 acres or more. In lieu of the Four-Step Conservation Design Process in accord with Chapter 355, Subdivision and Land Development, the normal subdivision process as governed by Chapter 355, Subdivision and Land Development, may be applied to parcels of 10 acres of gross tract area or larger validly existing as of the effective date of Articles VI, VII and VIII, provided all of the following are satisfied:
(a)
The applicant shall submit with the subdivision application the applicable USGS 7.5 minute series quadrangle showing the entire parcel and a sketch of the entire parcel showing the proposed lots in relation to the entire parcel. This will enable the Township and the applicant to identify and discuss any effects the proposed subdivision may have on the long-term use of the property, primary and secondary conservation areas, and the network of open land in the Township.
(c)
Each lot shall comply with the applicable district standards in the Schedule of Development Standards.
(3)
(4)
Act 319 lands. On lands enrolled in the Pennsylvania Act 319[1] (Clean and Green) Program, the subdivision of one lot per year meeting the minimum requirements of the Act 319 Program shall be exempt from the requirements of Articles VI, VII and VIII, and the lot shall count against the two lot maximum established in Subsection C(2)(b).
[1]
Editor's Note: See 72 P.S. § 5490.1 et seq.
(5)
Existing conservation easements. Conservation easements which provide for the subdivision of lots shall be exempt from the requirements of Articles VI, VII and VIII, provided such easement preexisted the effective date of Articles VI, VII and VIII, and the lot size stipulated in the easement for the lots to be subdivided complied with the requirements of the provisions of this chapter in effect at the time the conservation easement was recorded.
§ 400-23 General regulations.
The design of all conservation subdivision design developments shall be governed by the following minimum standards:
A.
Ownership. The development tract shall be held in single ownership.
B.
Primary conservation areas. The proposed design shall conserve the primary conservation areas. Demonstration by the applicant that these features are conserved by the proposed design shall be prerequisite to all preliminary and final plan approvals under Chapter 355, Subdivision and Land Development. Primary conservation areas include:
§ 400-24 Use regulations.
A.
Uses permitted in Options 1 through 3. The following uses shall be permitted in Option 1, Option 2 and Option 3 conservation subdivision design developments:
B.
Uses permitted in Option 4. The following uses shall be permitted in Option 1, Option 2 and Option 3 conservation subdivision design developments:
§ 400-25 Maximum dwelling units and minimum conservation open space.
A.
Dwelling units. The maximum number of dwelling units shall be calculated by using the density factor in the Density and Conservation Open Space Table and the Adjusted Tract Area Approach in Subsection D.[1]
[1]
Editor's Note: The Density and Conservation Open Space Table is included as an attachment to this chapter.
B.
Conservation open space. The minimum conservation open space shall be as set forth in the Density and Conservation Open Space Table.
(1)
Delineation. Conservation open space shall be delineated to include all primary conservation areas and, in addition, sufficient secondary conservation areas that, when added to the primary conservation areas, shall not be less than the minimum required conservation open space.
(2)
(3)
Conservancy lots. In Option 1, Option 2 and Option 3, up to 80% of the required conservation open space may be in the form of conservancy lots of not less than 10 acres in size, provided:
C.
Accessory dwelling units (ADUs). In Option 4, one ADU is permitted on a lot of 10 acres or larger, in addition to the density permitted in Subsection A, in accord with the following standards:
(1)
The ADU shall be designed to harmonize with the appearance of the principal dwelling.
(2)
The ADU shall be located within the principal dwelling unit or in existing or new outbuildings (such as barns, stables, carriage houses, garages and spring houses).
(3)
The gross floor area of the ADU shall not exceed 900 square feet. An existing historic dwelling more than 50 years old that exceeds these floor area limits, up to a maximum of 2,000 square feet of living area may be used as an ADU.
(4)
The ADU shall meet all required setback standards.
(5)
Permits for an ADU shall not be issued until the applicant demonstrates that a restrictive easement has been placed on the subject property prohibiting future enlargement of the ADU beyond that permitted herein. This restriction shall also be incorporated into the permit. Issuance of permits for ADUs shall be contingent upon approval of the Sewage Enforcement Officer for appropriate sewage disposal systems.
D.
Adjusted tract area approach. Determination of the maximum number of dwelling units shall be based upon the following calculations:
(1)
Determine gross tract area. Gross tract area shall equal the acreage within the legally described parcel minus existing public or private road rights-of-way.
(2)
Determine constrained land. Constrained land consists of the resources listed in the Constrained Land Table multiplied by a protection factor and totaled. If two or more resources overlap, only the resource with the highest protection factor shall be used.
Constrained Land | |||||
|---|---|---|---|---|---|
Resource | Area of Resource (acres) | Protection Factor | Constrained Land (acres) | ||
A | Existing utility rights-of-way | x 1.00 | = | ||
B | That portion of lands under conservation easement that are restricted from further development | x 1.00 | = | ||
C | Floodway (if not mapped by FEMA, assume 50 feet each side of top-of-bank of stream) | x 1.00 | = | ||
D | 100-year floodplain (if not mapped by FEMA, area is included in floodway above) | x 0.50 | = | ||
E | Wetlands as determined by a delineation | x 0.95 | = | ||
F | Prohibitive steep slopes (25% or greater) | x 0.85 | = | ||
G | Precautionary steep slopes (15% to less than 25%) | x 0.25 | = | ||
H | Ponds, lakes and streams to the high water mark | x 1.00 | = | ||
J | Constrained land = sum of A through 1 = | ||||
(3)
Determine adjusted tract area (ATA). Adjusted tract area equals the gross tract area minus the constrained land.
Adjusted Tract Area | ||||
|---|---|---|---|---|
A | Gross tract area | ________ acres | ||
B | Minus constrained land from Constrained Land Table in § 400-25D(2) | - | ________ acres | |
C | Equals adjusted tract area | = | ________ acres ATA | |
(4)
Maximum number of dwelling units.
(a)
In Options 1, 2 and 3, the maximum number of dwelling units equals the Adjusted Tract Area (ATA) divided by the applicable density factor set forth in the Density and Conservation Open Space Table.[2] Where calculations result in fractional numbers, the fraction shall be rounded down to the next whole number.
Maximum Number of Dwelling Units | |||||
|---|---|---|---|---|---|
A | Adjusted tract area (from the Adjusted Tract Area Table in § 400-25D(3) converted to square feet) | ________ SF | |||
B | Divided by density factor (from the Density and Conservation Open Space Table) | ÷ | ________ | ||
C | Equals maximum number of dwelling units | = | ________ DU | ||
[2]
Editor's Note: The Density and Conservation Open Space Table is included as an attachment to this chapter.
E.
Total number of dwelling units. The total number of dwelling units permitted on a development site equals the sum of the following, each of which shall be itemized separately in a table on the plans:
F.
Preservation of historic dwellings. To encourage the preservation of historic dwellings, such preserved dwellings shall not count toward the permitted maximum number of dwelling units, provided:
§ 400-26 Dimensional and design standards for Option 1, Option 2 and Option 3.
A.
Option 1, Option 2 and Option 3. The standards in the Dimensional Standards for Single-Family Dwellings Option 1, Option 2 and Option 3 Table shall apply to Option 1, Option 2 and Option 3.
Dimensional Standards for Single-Family Detached Dwellings Option 1, Option 2 and Option 3 | |||||
|---|---|---|---|---|---|
Type of Water Supply and Sewage Disposal | |||||
Community Water and Community Sewage | On-Lot Water and Community Sewage | Community Water and On-Lot Sewage | On-Lot Water and On-Lot Sewage | ||
Minimum individual lot area (square feet) | 5,450 (0.125 acre) | 21,780 (0.5 acre) | 21,780 (0.5 acre) | 32,670 (0.75 acre) | |
Minimum lot width at required setback (feet) | 40 | 70 | 70 | 70 | |
Minimum street frontage (feet) | 35 | 50 | 50 | 50 | |
Maximum depth-to-width ratio | 5 to 1 | ||||
Flag lots | Permitted in accord with provisions of Chapter 355, Subdivision and Land Development | ||||
Setback Regulations | |||||
Minimum front (feet) | 20 | 40 | |||
Minimum rear (feet) | 30; 20 where the rear setback adjoins conservation open space | ||||
Minimum side (feet) | 5; 30 aggregate | 15 | |||
B.
Option 4. The standards in the following Dimensional Standards for Single-Family Detached Dwellings Option 4 Table shall apply to Option 4.
Dimensional Standards for Single-Family Detached Dwellings Option 4 - Standard Subdivision | |||
|---|---|---|---|
WC, R-1 and R-2 Districts | |||
Community Water Supply and/or Community Sewage System | No Community Water Supply and No Community Sewage System | ||
Minimum lot area (square feet) | 60,000 (1.38 acres) | 174,240 (4.00 acres) | |
Maximum depth to width ratio | 5 to 1 | ||
Minimum front setback (feet) | 40 | 50 | |
Minimum rear setback (feet) | 30 | 40 | |
Minimum side setback (feet) | 15 | 25 | |
Maximum building height | Principal: 3 stories, but not more than 38 feet Accessory: 1 1/2 stories, but no more than 25 feet | ||
C.
Maximum lot coverage. Maximum ground coverage for single-family dwellings in Options 1 through 4 shall be limited in accord with the following Maximum Lot Coverage Table.
Maximum Impervious Cover for Single-Family Dwellings Option 1, Option 2, Option 3 and Option 4 | ||
|---|---|---|
Lot Area | Maximum Impervious Coverage | |
Less than 10,000 square feet | 50% | |
10,000 to 19,999 square feet | 40% | |
20,000 to 43,560 square feet | 30% | |
More than 43,560 square feet | Reduce limit by 1.5% for each additional acre or fraction thereof but not reduced to less than 5% | |
D.
Dimensional standards for two-family dwellings, townhouses and quadruplexes. The standards in the Dimensional Standards for Two-Family Dwellings, Townhouses and Quadruplexes Table shall apply:
Dimensional Standards for Two-Family Dwellings, Townhouses and Quadruplexes Option 1, Option 2 and Option 3 | ||
|---|---|---|
Minimum individual lot area | None | |
Separation of principal buildings | 35 feet | |
If individual lots are provided: minimum lot width | 18 feet (24 feet if a two-car garage or parking of two cars side by side is provided in the front) | |
Setback from any adjoining internal street, street right-of-way, common parking area or sidewalk | 20 feet | |
E.
Water supply and sewage disposal for two-family, townhouses and quadruplexes. Two-family dwellings, townhouses and quadruplexes shall be served by a community water system and a community sewage disposal system.
F.
Dwelling lots/conservation open space. No part of any dwelling lot shall encroach upon conservation open space.
G.
Setbacks. All new dwelling units shall meet the setback requirements in the following Dwelling Setbacks Table:
Dwelling Setbacks | |||
|---|---|---|---|
From: | Single-Family (feet) | Two-Family Townhouses Quadruplexes (feet) | |
External Township or state road rights-of-way | 100 | 150 | |
Other perimeter boundaries of the development tract | 50 | 100 | |
Crop land or pasture land not on the development parcel | 100 | 100 | |
Buildings or barnyards housing livestock not on the development parcel | 300 | 300 | |
Active recreation areas such as courts and play fields not on the development parcel (not including tot lots) | 150 | 150 | |
§ 400-27 Discretionary density bonus.
Additional density may be permitted by the Board of Supervisors as a conditional use in accord with the following standards. The total for all bonuses shall not exceed 25% of the dwelling units permitted in § 400-25D.
A.
Age-restricted dwelling units.
(1)
Definition. A dwelling unit restricted to occupancy for at least one person 55 years of age or older and with no person less than 19 years of age pursuant to the Housing for Older Persons Act of 1995, as may be amended. For the purposes of this chapter, such dwelling unit is not located in a facility where health services are provided to occupant(s) including, but not limited to, assisted-living facilities, continuing care retirement communities, skilled nursing care facilities, intermediate care facilities, nursing and personal care facilities, residential care facilities and convalescent homes.
B.
Workforce housing.
(1)
Construction deadline. The applicant shall provide evidence that the workforce housing units will be completed by the time 75% of the market rate dwellings are completed. Zoning permits for the remaining 25% of market rate units will not be issued until all workforce housing units are completed.
(2)
Bonus. For each workforce housing unit provided, one additional dwelling unit shall be permitted, up to a maximum increase of 15% over the maximum number of units permitted in § 400-25E.
(3)
Workforce definition. For the purposes of this section, "workforce housing" is defined as a unit made available at rents for residents whose income is between 30% to 60% of Area Median Income (AMI); and home prices for residents whose income is between 80% to 100% of AMI, adjusted for family size, as determined by the U.S. Department of Housing and Urban Development.
§ 400-28 Uses permitted on conservation open space.
The following uses are permitted in conservation open space areas:
A.
Open land. Conservation of open land in its natural state (for example, woodland, fallow field, or managed meadow).
B.
Agriculture and horticulture. Agricultural and horticultural uses, including raising crops or livestock, wholesale nurseries, associated buildings. Specifically excluded are dwellings, commercial livestock operations involving swine, poultry, mink, and other animals likely to produce highly offensive odors.
C.
Horses. Pasture land for horses used solely for recreational purposes. Equestrian facilities shall be permitted but may not consume more than 50% of the minimum required conservation open space.
D.
Forestry. Forestry in keeping with established best management practices for selective harvesting and sustained yield forestry as published by the Pennsylvania Bureau of Forestry.
E.
Neighborhood open space. Uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational.
F.
Recreation. Active noncommercial recreation areas, such as playing fields, playgrounds and bikeways, not requiring supporting structures. Such recreational uses shall meet the following standards:
(1)
Such areas shall not consume more than 50% of the minimum required conservation open space or five acres, whichever is less. The five-acre limit may be increased to 10 acres on development parcels 200 acres or larger.
(2)
Playing fields and playgrounds shall not be located within 100 feet of the tract boundary or a dwelling unit within the development parcel.
(3)
Minimum parking facilities for the same, as determined by the Board of Supervisors, may also be permitted. Such lots may be paved with gravel and shall be unlighted, properly drained and provide safe ingress and egress.
G.
Golf courses. Golf courses and their accessory facilities and parking areas, when permitted by the underlying zoning district, may comprise up to 50% of the minimum ATA of the required conservation open space. This use shall not include driving ranges or miniature golf. The gross floor area devoted to sales of golf equipment, clothing, food and other similar items shall not exceed 1,200 square feet. Accessory facilities and parking areas shall not count toward the minimum conservation open space requirement.
H.
Water; sewer; stormwater. Water supply systems, sewage disposal systems, stormwater management systems and associated easements, provided the total area does not exceed 20% of the minimum ATA required in the conservation open space. The following standards shall apply:
(2)
Sewage disposal systems.
(a)
Sewage treatment lagoons, structures, structure access areas and parking lots shall not count toward the conservation open space requirement.
(b)
Soil absorption areas shall be appropriate for active or passive recreation.
(c)
Sewage disposal areas in conservation open space shall be appropriate for active or passive recreation or shall be managed as meadows or forests; and may be counted toward the minimum conservation open space requirements.
(d)
Absorption fields serving individual dwelling units may be located in the conservation open space, but individual treatment tanks shall be located within the lots they serve.
(e)
Each proposed absorption field area located in the conservation open space shall be situated in the closest proximity to the lot served.
(f)
The responsibility for the maintenance of any individual absorption system shall be clearly defined including adequate surety, and an easement for the installation and maintenance of any such system shall be provided.
(g)
Drainage easements for sewer lines may be counted toward the minimum conservation open space requirement.
(3)
Stormwater management systems. The following stormwater management practices may be counted toward the minimum conservation open space requirement provided they meet the guidelines in the Pennsylvania Stormwater Best Management Practices Manual:
I.
Easements. Easements for drainage, access, sewer or water lines, or other public purposes.
J.
Utility rights-of-way. Underground utility rights-of-way. Aboveground utility and street rights-of-way may traverse conservation areas but shall not count toward the minimum required conservation open space.
§ 400-29 Conservation open space design and other standards.
A.
Four-step design. Conservation open space in all options shall be identified and laid out in accord with the four-step design process and conservation open spaces design standards in Chapter 355, Subdivision and Land Development, which begins with the identification of primary and secondary conservation areas.
B.
Map of potential conservation lands. Conservation open space shall be laid out in accordance with the Township's Map of Potential Conservation Lands in the Coolbaugh Township, Borough of Mount Pocono, Tobyhanna Township, Tunkhannock Township Regional Comprehensive Plan, to ensure that, over time, an interconnected network of conservation open space will be created.
C.
Layout. The conservation open space shall be in the largest blocks possible and shall be laid out to ensure that an interconnected network of open space will be provided.
D.
Permanence, ownership and maintenance. The required conservation open space shall be subject to permanent conservation easements prohibiting future development, prohibiting its use to meet open space requirements for any other development, and defining the range of permitted activities. The conservation open space shall be owned and maintained in accord with Chapter 355, Subdivision and Land Development.
E.
Use by development residents. In no case shall the amount of land available for the common use and enjoyment of the subdivision residents be less than 20% of the adjusted tract area. Not less than 15% of the conservation open space shall be free of wetlands, floodway, and slopes over 15%; and, this minimum percentage shall be included in the conservation open space set aside for the common use and enjoyment of the subdivision residents.
F.
Trails. When the Board of Supervisors determines a benefit to residents of the development in the form of trails or open space links, the applicant shall provide such linkages. In establishing the need for such linkages, the Board of Supervisors may consider:
G.
Buffers for adjacent public park land. Where the proposed development adjoins public park, state forest or state game land, a natural conservation open space buffer at least 150 feet in width shall be provided within the development along its common boundary with such public land, within which no new structures or other improvements shall be constructed, nor shall any clearing of trees or understory growth be permitted, except as may be necessary for street or trail construction or for the removal of invasive plant species.
(1)
Where existing vegetation provides an adequate buffer, as determined by the Board of Supervisors, the depth may be reduced to 75 feet.
(2)
Where the buffer is unwooded, the Board of Supervisors may require vegetative screening to be planted, or that it be managed to encourage natural forest succession through restricted mowing policies and the periodic removal of invasive plant species.
H.
Building lots.
(1)
No portion of any building lot shall encroach upon primary conservation areas, and the lot layout shall respect secondary conservation areas.
(2)
No portion of any building lot shall be used for meeting the minimum conservation open space requirement except as permitted by § 400-25B(3).
I.
Views from dwellings. At least 50% of the dwelling units shall face the required open space, with the front facade of the dwelling, either directly or across the street.
J.
Access. Pedestrian and maintenance access shall be provided to conservation open space in accord with the following requirements:
K.
Landscaping. Conservation open space that is not wooded or farmed shall be landscaped in accord with the landscaping requirements and conservation open space management plan standards.
§ 400-30 Commercial uses within developments 250 or more dwelling units.
If a subdivision includes a minimum of 250 dwelling units, then as a conditional use, a maximum of two acres within the subdivision may be used for the commercial uses in § 400-32B(2) in accord with the standards in § 400-34C. The applicant shall prove to the Board of Supervisors that the commercial development has been designed and located with traffic access that is fully coordinated with the residential development. To the maximum extent feasible, traffic access shall be fully coordinated with adjacent development.