Franklin Park City Zoning Code
ARTICLE 1700
Conservation Subdivision Design Requirements
§ 212-1701 Purpose; development options; definitions.
A.
It is the intent of this article to provide alternative development options for environmentally sensitive areas. Also, it is the intent and purpose of this article to provide a means for logical and efficient development within the R-1 and R-2 Zoning Districts while maintaining their natural character. Use of these alternative design approaches in these districts implements the land use and conservation objectives of the adopted Comprehensive Plan. These alternative subdivision options shall be designed with the following objectives to satisfy the intent of this article and the required design provisions and procedures included in Chapter 184, Subdivision and Land Development:
(1)
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;
(2)
To protect areas of the Borough with productive agricultural soils for continued or future agricultural use by conserving blocks of land large enough to allow for efficient farm operations;
(3)
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;
(4)
To reduce erosion and sedimentation by the retention of existing vegetation and the minimization of development on steep slopes;
(5)
To provide for a diversity of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups and residential preferences, so that the community's population diversity may be maintained;
(6)
To implement adopted Borough policies to conserve a variety of irreplaceable and environmentally sensitive resource lands, including provisions for reasonable incentives to create a greenway system for the benefit of present and future residents;
(7)
To permit clustering of houses and structures on less environmentally sensitive soils so as to reduce the amount of infrastructure;
(8)
To implement adopted land use, transportation and community policies, as identified in the Comprehensive Plan;
(9)
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;
(10)
To provide for the conservation and maintenance of open land within the Borough to achieve the above-mentioned goals and for active or passive recreational use by residents;
(11)
To provide standards reflecting the varying circumstances and interests of individual landowners and the individual characteristics of their properties; and
(12)
To conserve scenic views and to minimize perceived density by minimizing views of development from existing roads.
B.
In order to achieve these purposes, this article provides for flexibility in designing new residential subdivisions by allowing three forms of "by-right" development referred to as "options," as summarized below:
C. GREENWAY LAND PRIMARY CONSERVATION AREAS SECONDARY CONSERVATION AREAS
When used in this article, the following terms shall have the following meanings:
That portion of a tract that is set aside for the protection of sensitive natural features, farmland, scenic views, and other unique features.
Shall consist of wetlands, streams and other watercourses, ponds and other water bodies, floodplains, and steep slopes.
Shall consist of natural and/or cultural features on the development site, in addition to the primary conservation areas, that are identified during the four-step design process under Chapter 184, Subdivision and Land Development. They shall include, but not be limited to, mature woodlands, moderately steep slopes, slide-prone soils and natural heritage areas identified in the Allegheny County Natural Heritage Inventory. Secondary conservation areas should be prioritized and added to primary conservation areas in order of priority so as to constitute the required greenway land.
§ 212-1702 Applicability.
It is hereby established that conservation subdivision design may be utilized for any major subdivision, as defined in Chapter 184, Subdivision and Land Development, within the R-1 and R-2 Zoning Districts; provided, however, that the cluster option may only be used in areas that are served by public water and sewers.
§ 212-1703 Uses permitted within conservation subdivisions.
A.
Principal uses. Principal uses permitted by right in conservation subdivisions are identical to the uses permitted in the R-1 and R-2 Zoning Districts in Article 400. The following residential uses are permitted in conservation subdivisions:
B.
Accessory uses. Accessory uses in conservation subdivisions shall be the same as those permitted in the underlying districts. They shall be permitted on the same lot customarily incidental to any permitted use and not conducted as an independent principal use.
§ 212-1704 Density determination, minimum lot size, area and bulk requirements for Option 1: cluster option.
A.
For purposes of calculating density under the cluster option, the applicant shall calculate the number of lots that would be permitted if the site were developed as a conventional subdivision in the underlying district after accounting for the terrain and land needed for roads, stormwater systems and other infrastructure. This calculation shall be performed using the following formula:
Number of Dwelling Units = (Gross Land Area * 0.80) ÷ (Minimum Lot Size of Underlying Zoning District) |
(1)
Multiply the gross land area by 0.8. Then divide the resulting product by the minimum lot size of the underlying zoning district. The resulting quotient is the number of dwelling units permitted in the conservation subdivision. The multiplier of 0.8 approximates the buildable area of the development site. The result shall be rounded to the next lowest number. If the applicant believes that the development site can reasonably accommodate a greater number of parcels than the number derived from the above formula, the applicant may prepare a yield plan in accordance with the provisions below.
(2)
Yield plans shall meet the following requirements:
(a)
Yield plans shall be prepared as conceptual layout plans in accordance with the standards of Chapter 184, 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.
(b)
The yield plan must identify and demonstrate that wetlands, streams, floodplains and steep slopes (in accordance with Chapter 184, Subdivision and Land Development) would be successfully absorbed in the development process without disturbance by allocating these areas to proposed single-family dwelling lots.
B.
The number of dwelling units in the conservation subdivision, calculated under either of the methods discussed in § 212-1704A, shall be situated on that part of the site remaining after the required greenway land (determined under § 212-1707) has been determined and set aside.
§ 212-1706 Design standards.
A.
Lots shall be situated on the development site in accordance with the four-step process set forth in Chapter 184, Subdivision and Land Development. The layout of lots shall ensure that there will be no disturbance of primary conservation areas.
B.
All new dwellings shall meet the following setback requirements from off-site features:
C.
Views of house lots from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping which meets the landscaping and buffering requirements of Article 2000 of this chapter.
D.
House lots shall generally be accessed from interior public streets rather than from external roads bordering the tract.
E.
All interior streets within a conservation subdivision shall be public streets.
F.
In subdivisions using Option 1, cluster option, at least 3/4 of the lots shall directly abut greenway land or face it across a street.
§ 212-1707 Greenway land requirements for cluster option.
A.
Adjusted tract area. In determining the amount of the development site that must be set aside as greenway land, the applicant shall first calculate the adjusted tract area. The adjusted tract area equals the gross tract area minus the constrained land (as determined below).
(1)
Constrained land equals the sum of the following:
(a)
All land within the rights-of-way of existing public streets or highways or within the existing rights-of-way of utility lines: multiply by 1.0;
(b)
All land under existing private streets: multiply by 1.0;
(c)
Wetlands, lakes, ponds and other water bodies: multiply by 1.0;
(d)
Floodway: multiply by 1.0;
(e)
Nonwetland portion of the one-hundred-year floodplain: multiply by 0.50;
(f)
Steep slopes: multiply by 0.80;
(g)
Moderately steep slopes: multiply by 0.50.
(2)
If a portion of the tract contains more than one feature subject to a density factor, that acreage shall be subject to the most restrictive density factor.
(3)
Minimum land requirement for greenways. The minimum amount of land required for greenways within a cluster conservation subdivision shall be the total acreage of constrained land plus 30% of the adjusted tract area.
§ 212-1708 Greenway land requirements for country properties.
A.
Greenway land in country property developments may be contained within the individual lots or up to 50% may be set aside as undivided land with common rights of usage among the subdivision residents.
B.
The minimum amount of greenway land within a country lots subdivision shall be 50% of the gross tract area. All primary conservation areas shall be included within greenway land and shall be permanently protected from development.
§ 212-1709 Applicability of public dedication of land and fee-in-lieu requirements to conservation subdivisions.
A.
The public dedication of land requirements under § 184-904 of Chapter 184, Subdivision and Land Development, shall apply to all conservation subdivisions; provided, however, that the amount of land to be dedicated as recreational use area or open space/green area shall be credited by the Borough toward meeting the minimum greenway land requirement of this article.
B.
The applicant may request and the Borough Council may grant that the public dedication of land requirement be satisfied by payment of a fee in accordance with the terms of § 184-904 of Chapter 184, Subdivision and Land Development. In such case, the applicant shall pay the fee and deduct the amount of land that otherwise would have been dedicated from the greenway land to be set aside. In no case shall such deduction exceed 20% of the minimum greenway land.
§ 212-1710 Uses permitted within greenway areas.
The following uses are permitted within greenway land:
A.
Conservation of open land in its natural state (for example, woodland preserve, game preserve, wildlife sanctuary, fallow field or managed meadow).
B.
Agricultural and horticultural uses, including raising crops, 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.
C.
Woodlots, arboreta and other similar silvicultural uses.
D.
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.
E.
Forestry, in keeping with established best management practices for selective harvesting and sustained-yield forestry.
F.
Neighborhood greenway uses such as village greens, commons, picnic areas, community gardens, trails and similar low-impact passive recreational uses but specifically excluding motorized off-road vehicles, rifle ranges and other uses similar in character and potential impact, as determined by the Borough Council.
G.
Active noncommercial recreation areas, such as playing fields, playgrounds, courts and bikeways, provided that such areas do not consume more than half of the minimum required greenway land or five 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 surfaced with porous material, unlighted, properly drained, provided safe ingress and egress, and contain no more than 10 parking spaces.
H.
Golf courses, including their parking areas and associated structures, may comprise up to half of the minimum required greenway land, but shall not include driving ranges or miniature golf.
I.
Water supply systems and stormwater detention areas designed, landscaped and available for use as an integral part of the greenway.
J.
Easements for drainage, access, sewer or water lines, or other public purposes.
K.
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.
§ 212-1711 Greenway design standards.
A.
Greenway land shall be laid out in accordance with the four-step process set forth in Article 600 of Chapter 184, Subdivision and Land Development. Design of greenway land shall ensure that an interconnected network of greenways will be provided.
B.
The required greenway land shall consist of a mixture of primary conservation areas, all of which must be included, and secondary conservation areas, which shall be added to meet the minimum amount calculated under § 212-1707 for cluster subdivisions or required under § 212-1708 for country properties subdivisions. Examples of secondary conservation areas to be included in greenway land are:
(1)
Hydric soils, swales, springs and other lowland areas, including adjacent buffer areas which may be required to ensure their protection.
(2)
Significant natural areas of species listed as endangered, threatened or of special concern, such as those listed in the statewide natural diversity inventory.
(3)
Moderately steep slopes, particularly those adjoining watercourses and ponds, where disturbance and resulting soil erosion and sedimentation could be detrimental to water quality.
(4)
Healthy woodlands, particularly those performing important ecological functions such as soil stabilization and protection of streams, wetlands and wildlife habitats.
(5)
Areas where precipitation is most likely to recharge local groundwater resources because of topographic and soil conditions affording high rates of infiltration and percolation.
(6)
Class I, II and III agricultural soils as defined by the USDA Natural Resources Conservation Service.
(7)
Historic structures and sites.
(8)
Visually prominent topographic features such as knolls, hilltops and ridges, and scenic viewsheds as seen from public roads (particularly those with historic features).
(9)
Existing trails connecting the tract to other locations in the municipality.
§ 212-1712 Other greenway land requirements.
A.
No portion of any building lot may be used for meeting the minimum required greenway land.
B.
Pedestrian and maintenance access shall be provided to commonly held greenway land in accordance with the following requirements:
(1)
Each neighborhood shall provide one centrally located access point per 15 lots.
(2)
Access to greenway land used for agriculture may be appropriately restricted for public safety and to prevent interference with agricultural operations.
(3)
For Option 2, country properties, where greenway land is included within individual lots, pedestrian and maintenance access shall not be required but may be provided at the discretion of the owner.
§ 212-1713 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 greenway at any time, except for those uses listed in § 212-1710. This shall be a covenant running with the land.
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 greenway ratio of the overall development. Ownership methods shall conform to the following:
(1)
Homeowners' association. 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 Borough 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 (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 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 for common facilities must be given to all members of the association and to the Borough no less than 30 days prior to such event; and
(g)
The association shall have adequate staff to administer, maintain and operate such common facilities.
(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)
Private conservation organization. With permission of the Borough, an owner may transfer either fee simple title of the greenway or easements on the greenway to a private nonprofit conservation organization, provided that:
(a)
The conservation organization is acceptable to the Borough and is a bona fide conservation organization intended to exist indefinitely;
(b)
The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization 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 Borough is given the ability to enforce these restrictions; and
(d)
A maintenance agreement acceptable to the Borough is established between the owner and the organization.
(4)
Dedication of easements to the Borough. The Borough 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, homeowners' association, or private conservation organization, while the easements are held by the Borough. In addition, the following regulations shall apply:
C.
Maintenance.
(1)
Unless otherwise agreed to by the Borough, 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 land 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 greenway (i.e., lawns, playing fields, meadow, pasture, cropland, woodlands, etc.);
(c)
The plan shall estimate staffing needs, insurance requirements and associated costs and define the means for funding the 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)
The applicant shall be required to escrow sufficient funds for the maintenance and operation costs of common facilities for up to one year; and
(e)
Any changes to the maintenance plan shall be approved by the Borough.
(3)
In the event that the organization established to maintain the greenway land and the common facilities, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the Borough may assume responsibility for maintenance, in which case it may place a lien on the property, any escrow funds may be forfeited, and any permits may be revoked or suspended.
(4)
The Borough 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 Borough in the Allegheny County Office of Court Records, Civil Division. The Borough shall also have the right to enforce any default by an action in equity.
§ 212-1714 Subdivision and Land Development Ordinance.
All applications for a conservation subdivision shall be governed by standards and procedures stated within Article 600 of Chapter 184, Subdivision and Land Development. In the event that there are conflicting requirements between the provisions of this article and those stated within the Subdivision and Land Development Ordinance for major subdivisions, the stricter provisions of this article shall prevail.