Hampton Township City Zoning Code

To provide a means whereby parcels, lands and acreage can be designed and developed without regard to the normal lot size, building bulk and setback requirements of the typical zoning districts. However, in this innovative type of development, minimum requirements are established to ensure that each living unit has proper light and air, appropriate access to public ways and open space and is properly connected to public utilities.

To encourage innovations in residential development which will provide housing of greater variety in type, design and site planning, and incorporating conservation of maximum open space as nonfragmented as possible, nearby to said dwellings.

To encourage a more efficient use of land and public services and to reflect changes in the technology of land development so that economies secured may benefit the homeowner, the developer and the community.

To provide a procedure which can relate the type, design and layout of the residential development to the particular site as well as the particular demand for housing existing at the time of development.

To ensure that the increased flexibility of regulations over land development as authorized herein is carried out under such administrative standards and procedures as shall encourage the disposition of proposals for land development without undue delay, the following review powers are granted to the Planning Commission and the Environmental Advisory Council, which act as the designated planning agencies of the Township of Hampton.

For this chapter, a planned residential development (PRD) will only be permitted as follows for each zone:

No application of a planned residential development shall be considered, or approved, unless the following conditions are met:

Accessory uses limited to the following (PRD-A, PRD-B, PRD-M and PRD-I):

Commercial and institutional uses, to the extent that they are designed and intended primarily to serve the residents of the PRD (PRD-A, PRD-B, PRD-M and PRD-I). The standards to be used by the Planning Commission and Township Council in ascertaining the granting or withholding of the conditional use should be the same as those set forth for use in Article XII of this chapter.

Tower-based wireless communications facilities and tower sites ("tower-based WCF"), subject to the standards and criteria set forth in Article XII, Conditional Uses, specifically § 310-78A(37), and in Article X, Supplemental Requirements, specifically § 310-60C, relating to height exceptions; provided, however, that same are not located within any required PRD open space.

No structure shall exceed 35 feet in height or contain more than three stories. See Section 10.300 for additional requirements.

No townhouse shall contain less than three units or more than 10 units.

No garden apartment shall contain less than three units or more than 24 units.

Hydrology. Analysis of natural drainage patterns and water resources, including an analysis of streams, natural drainage swales, ponds or lakes, springs, marsh areas, floodplain areas, permanent high-water-table areas, and seasonal high-water-table areas throughout the site. All wetland areas must be specifically identified on the plan.

Geology. Analysis of characteristics of rock formations underlying the site, including delineation of aquifers (particularly those locally subject to pollution), shallow bedrock area, and areas in which rock formations are unstable.

Soils. Analysis of types of soils present in the site area including delineation of prime agricultural soil areas, aquifer recharge soil areas, unstable soils, soils most susceptible to erosion, and soils suitable for urban development. The analysis of soils will be based on the Allegheny County Soil Survey (USDA Natural Resources Conservation Service).

Topography. Analysis of the site's terrain, including mapping of elevations and delineation of slope areas greater than 25%, between 15% and 25%.

Vegetation and wildlife. Analysis of tree and plant cover and wildlife habitats of the site, emphasizing the location of woodland and meadowland areas, dominant tree, plant, and animal species should be identified and the characteristics of each recognized. Additionally, mapping of all trees over six inches DBH in or near the area of disturbance shall be shown on the site plans.

The acreage used for proposed road rights-of-way, stormwater detention facilities, floodplains, wetlands, slopes over 25% and floodways.

The indicated percentages of these environmentally sensitive areas:

The development shall be designed and programmed so as to minimize earthmoving, erosion, tree clearance, and the destruction of natural amenities, especially wetlands. All requirements of § 310-61 of this chapter shall be met.

No portions of tree masses or trees with six-inch or greater DBH shall be removed unless clearly necessary for effectuation of the proposed development. Developers shall make all reasonable efforts to harmonize their plans with the preservation of existing trees.

When effectuation of a proposed planned residential development necessitates the clearing of trees or portions of tree masses, the developer shall be guided by the following criteria in selecting trees and ornamentals for retention or clearing:

Developers shall exercise care to protect remaining trees from damage during construction. The following procedures shall be utilized in order to protect remaining trees: (See also § 310-61F.)

Trees with a minimum caliper of 2 1/2 inches shall be provided by the developer where deemed necessary by the Township Council to mitigate the loss of existing trees. Unless infeasible, native species shall be utilized. (See also § 310-61F.)

Streets.

Stormwater management. All requirements of Chapter 266, Stormwater Management, as amended, shall be adhered to.

Signs. Signs shall be permitted in accordance with Article XIV of this chapter.

Off-street parking. All requirements for off-street parking regulations and standards found in Article XIII of this chapter are to be followed.

Lighting.

Landscaping and buffers.

Supplemental facilities for commercial services to serve the residents of the planned residential development and for recreational purposes may be provided within a planned residential development, based upon the following requirements:

All convenience stores shall comply with the following standards:

The minimum percentage of land that shall be designated as permanent open space, not to be further subdivided, and protected through a conservation easement, shall be as specified below:

All common ground and/or open space, both natural and active recreational, and any lot capable of further subdivision shall be restricted from further subdivision through a permanent conservation easement, in a form acceptable to the Township and duly recorded in the County Register of Deeds Office.

All land designated as common ground and/or open space shall remain in perpetuity and shall be limited to the uses as specified under the definitions of common ground and of natural area open space and recreational area open space in this chapter. This common ground and/or open space shall be designated parcels of land with this restriction clearly stated on the deeds and in any homeowner's association agreement or Township or conservation organization agreements. There shall be no other uses allowed on common ground and/or open space lands.

Homeowners' association. The common ground and any developed active recreational areas which are only for the benefit of the PRD residents must be held in common ownership by homeowners' association. Other open space may be held in common in this way, provided that a legal conservation easement is established with either the Township or a nonprofit conservation organization, as defined in Subsection B(4). In addition to this, a public land dedication, not exceeding 10% of the total parcel size, may be required by the Township, extending through the open space, to facilitate trail connections. This method shall be subject to all of the provisions for homeowners' associations set forth in Subsection C, below, and the homeowners' association agreement shall be a legal document, duly signed and recorded. A copy of this signed and recorded document shall be submitted to the Township to be kept on record with the PRD plan.

Fee simple dedication. The Township may, but shall not be required to, accept any portion or portions of the open space, provided: such land is accessible to the residents of the Township; there is no cost of acquisition (other than any costs incidental to the transfer of ownership, such as title insurance); and the Township agrees to and has access to maintain such lands. Where the Township accepts dedication of open space that contains improvements, the Township may require the posting of financial security to ensure structural integrity of said improvements as well as the functioning of said improvements for a term not to exceed 18 months from the date of acceptance of dedication. The amount of financial security shall not exceed 15% of the actual cost of installation of said improvements.

Transfer to a private conservation organization. With permission of the Township, an owner may transfer either the fee simple title, with appropriate deed restrictions running in favor of the Township, or restrictive easement to a private nonprofit organization, among whose purposes is to conserve open space land and/or natural resources, provided: the organization is acceptable to the Township and is a bona fide conservation organization with perpetual existence; the conveyance contains appropriate provision for proper reverter or retransfer in event that the organization becomes unwilling or unable to continue carrying out its functions; and a maintenance agreement acceptable to the Township is reached.

Dedication of easements.

Condominium. The common ground and/or open space may be controlled through the use of condominium agreements approved by the Township. Such agreement shall be in conformance with the Uniform Condominium Act. All open space land shall be held as "common element."

The developer shall provide to the Township a description of the organization, including its bylaws and documents governing common ground and/or open space maintenance and use restrictions.

The organization shall be established by the developer and shall be operating (with financial subsidization by the developers, if necessary) before the sale of any lots within the development.

Membership in the organization is mandatory for all purchasers of homes therein and their successors.

The organization shall be responsible for the maintenance, insurance and real estate taxes on all common ground and/or open space whose title is held by the homeowners' association.

The members of the organization shall share equally the costs of maintaining natural area open space, and maintaining and developing common ground and/or active recreation area open space, in accordance with the procedures established by them.

In the event of any proposed transfer of common ground and/or open space land by the homeowners' association within the methods here permitted, or of the assumption of maintenance of common ground and/or open space land by the Township as hereinafter provided, notice of such action shall be given to the Township and all property owners within the planned residential development by the homeowners' association no less than 30 days prior to the event.

The organization shall have or hire adequate staff to administer common facilities and maintain common ground and/or open space.

Lease of common ground and/or open space.

The open space shall be laid out to the satisfaction of Township Council, after review by the EAC, in accordance with the best principles of site design, and shall be consistent with all Township land use plans.

For purposes of calculation, such areas as parking lots, detention ponds and streets, and buffer yards, unless they fulfill the requirements to qualify as a greenway as described in Subsection D(1)(c), are not considered as open space. In addition, land lying within 15 feet of any residential unit, and/or any area between the residential units and their access road, shall not be considered open space.

The open space shall be free of all structures, except those related to outdoor recreational use and required visible permanent monuments at each point of direction change along all borders.

An existing permanent retention pond is permissible as open space.

The existing wooded areas or other natural cover shall be retained in the open space. If this is not feasible in the area being used for active recreation, then a suitable landscaping plan which is consistent with the purposes of this section may be required and approved by Township Council after review by the EAC.

The development shall include at least two pedestrian rights-of-way, connecting the open space to the streets, being clearly marked on both the plan and the site. These rights-of-way should be at least 10 feet in width and be for pedestrians or nonmotorized vehicles only. It shall be the responsibility of the developer to install permanent markers on the site which will clearly identify the pedestrian accesses for these rights-of-way. When the open space is to be used by the general public, a small parking area for a minimum of four cars shall be provided in proximity to at least one of the pedestrian access points.

In the event that a planned residential development plan is given tentative approval and thereafter, but prior to final approval, the landowner shall elect to abandon said development plan and shall so notify the governing body in writing, or in the event the landowner shall fail to file application or applications for final approval within the required period of time or times, as the case may be, the tentative approval shall be deemed to be revoked and all that portion of the area included in the planned residential development plan for which final approval has not been given shall be subject to those local ordinances otherwise applicable thereto as they may be amended from time to time, and the same shall be noted on the Zoning Map and in the records of the municipal secretary or clerk of the municipality.

Establishment of ownership of common ground and/or open space. The applicant must establish and assure the future ownership of the common ground and/or permanent open space land as well as indicate the provisions for the burden of maintenance and control of the common ground and/or open space land. In addition, the Township, at its discretion, may at any time accept the dedication of land or any interest therein for public use and maintenance, but the Township need not acquire it as a condition of the approval of the planned residential development, nor as a condition of the land being set aside for common ground and/or open space and dedicated or made available for public use.

In the event that the organization established to own and maintain a common ground and/or open space, or any successor organization, shall at any time after establishment of the planned residential development fail to maintain the common ground and/or open space in reasonable order and condition in accordance with the development plan, the Township may serve written notice upon such organization or upon the residents and owners of the planned residential development, setting forth the manner in which the organization has failed to maintain the common ground and/or open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof, and shall state the date and place of a hearing thereon which shall be held within 14 days of this notice. At such hearing, the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said 30 days or any extension thereof, the Township, in order to preserve the taxable values of the properties within the planned residential development and to prevent the common ground and/or open space from becoming a public nuisance, may enter upon said common ground and/or open space and maintain the same for a period of one year. Said entry and maintenance shall not constitute a taking of said common ground and/or open space, and shall not vest in the public any rights to use the common ground and/or open space except when the same is voluntarily dedicated to the public by the residents and owners, and such dedication is acceptable to the Township. Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization therefor responsible for the maintenance of the common ground and/or open space, call a public hearing, upon notice to such organization, or to the residents and owners of the planned residential development, to be held by the Township, at which hearing such organization or the residents and owners of the planned residential development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Township shall determine that such organization is ready and able to maintain said common ground and/or open space in reasonable conditions, the Township shall cease to maintain said common ground and/or open space at the end of said year. If the Township shall determine such organization is not ready and able to maintain said common ground and/or open space in a reasonable condition, the Township may, in its discretion, continue to maintain said common ground and/or open space during the next succeeding year and subject to a similar hearing and determination in each year thereafter. The decision of the Township in any case shall constitute a final administrative decision subject to judicial review.

The cost of such maintenance and enforcement proceedings by the Township shall be assessed ratably against the properties within the planned residential development that have a right of enjoyment of the common ground and/or open space and shall become a lien on said properties. Said assessments or charges shall be subordinate in lien to the lien of any prior mortgage or mortgages on the property which is subject to such assessments or charges. The Township, at the time of entering upon such said common ground and/or open space for the purpose of maintenance, shall file a notice of such lien, in the office of the Prothonotary of the County, upon the properties affected by such lien within the planned residential development. The payment of the appropriate real estate taxes on the common ground and/or open space shall be considered to be a part of maintenance and will be subject to the same enforcement proceedings as specified in § 310-51.

Senior independent-living facility.

Senior assisted-living facility. The development referred to in Subsections A and B herein may include medical office-clinic, which provide medical services, outpatient minor surgery, and treatment in support of elderly persons within the integrated living and health-care facility. Such facilities may also provide such services to persons who are not residing within the development. The land area used by a medical office-clinic, including parking, landscaping and buffer yard areas, shall not be used in calculating the density limit for the PRD.

Nursing care homes. See Article IV, definition of "home, nursing."

Personal care home (large).

Retirement or convalescent homes.

Consist of no less than five acres of land situate in a single tract, under a single ownership or entity such as corporation, partnership, etc. No tract of land or acreage situate across public roads, highways or streets shall be allowed to be added to the tract, but this provision shall not include public roads, highways or streets, or private roads which are created in and for the use of the development itself.

Conform with the height limitations established in § 310-60B(5).

Parking requirements for institutional-type PRD developments shall be required as follows:

The term "unit," as used in Article IX of this chapter, and as related to institutional-type PRD developments, shall be defined as that portion of a building or a structure assigned to, leased to, sold to or occupied by one person, one family, related by blood or marriage, or other entity, or a group of persons, but not exceeding three in number for any such space. The term, as applied to a nursing home, shall be one patient bed considered as one unit. The word "unit" shall have the ordinary usage ascribed to it, and shall refer in ordinary terms to that portion of a building intended for use by one person, family or group as opposed to a communal or collective assembly of persons.

Any landowner, as that term is defined in this chapter and in the Municipalities Planning Code, may make application to the Township for a tentative approval of a planned residential development which meets the eligibility requirements of § 310-44A, and provided that the planned residential development would be consistent with, and in compliance with, the comprehensive plan of the Township and the community development objectives as stated in Article III.

The application shall be accompanied by the other materials required under the provisions of this chapter, together with the forms required under Subsection E hereof. The applicant shall include such other pertinent information as the Planning Commission and the Environmental Advisory Council shall prescribe. The time frame set forth in Subsections D, F and G shall be adhered to for all approvals of the PRD.

An application for tentative approval of the development plan for a planned residential development shall be filed by or on behalf of the landowner.

The application for tentative approval shall be filed by the landowner upon forms to be provided by the Township and upon the payment of a reasonable fee, which fee shall be adopted by resolution from time to time by the Township Council.

In no event shall any application for tentative approval be submitted, nor shall the same be accepted within 10 days of the next regular meeting of Township Council.

A modification request shall be required for any aspects in which the proposed PRD departs from zoning requirements for similar developments in other districts and Chapter 280, Subdivision and Land Development, requirements otherwise applicable to the subject lot, including, but not limited to, density, bulk and use. In the event that the application proposes a plan, the approval of which would require a modification from the requirements of this chapter or Chapter 280, Subdivision and Land Development, the applicant shall include in its application a narrative statement of each and every modification request, including a citation to the otherwise applicable ordinance requirement; the nature and extent of the modification(s) requested; and a statement of the reasons why such departures are deemed to be in the public interest. Consistent with the provisions of the Municipalities Planning Code, Section 10701 et seq.,[1] Council may at its sole discretion grant or deny such modification requests, in whole or in part, as part of any decision approving the PRD application.

The applicant shall submit to the Township at the time of application the following:

Overall development plans showing:

Written statement of:

The application for tentative approval of a planned residential development shall include a written statement by the landowner setting forth the reasons why, in his opinion, a planned residential development would be in the public interest and would be consistent with the Comprehensive Plan for the development of the municipality.

Upon submission of an application, the plan shall be referred to the Planning Commission and Environmental Advisory Council for review and recommendation.

Submission to Township Council.

Time frame of public hearing.

The Township Council, within 60 days following the conclusion of the public hearing provided for in Subsection F, or within 180 days after the date of filing, whichever occurs first, shall, by official written communication to the landowner, either:

The grant or denial of tentative approval by official written communication shall include, not only conclusions, but also findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without conditions, or for the denial, and said communication shall set forth with particularity in what respects the development plan would or would not be in the public interest, including, but not limited to, findings of fact and conclusions on the following:

In the event a development plan is granted tentative approval, with or without conditions, Township Council may set forth in the official written communication the time within which an application for final approval of the development plan shall be filed or, in the case of a development plan which provides for development over a period of years, the periods of time within which applications for final approval of each part thereof shall be filed.

The official written communication provided for in this article shall be certified by the appropriate Township official and shall be filed in his office, and a certified copy shall be mailed to the landowner. Where tentative approval has been granted, it shall be deemed an amendment to the Zoning Map, effective upon final approval, and shall be noted on the Zoning Map.

Tentative approval of a development plan shall not qualify a plat of the planned residential development for recording nor authorize development or the issuance of any building permits. A development plan which has been given tentative approval as submitted, or which has been given tentative approval with conditions which have been accepted by the landowner, shall not be modified or revoked nor otherwise impaired by action of the Township pending an application or applications for final approval, without the consent of the landowner, provided an application or applications for final approval is filed or, in the case of development over a period of years, provided applications are filed, within the periods of time specified in the official written communication granting tentative approval.

In the event that a development plan is given tentative approval and thereafter, but prior to final approval, the landowner shall elect to abandon said development plan and shall so notify Township Council in writing, or in the event the landowner shall fail to file application or applications for final approval within the required period of time or times, as the case may be, the tentative approval shall be deemed to be revoked and all that portion of the area included in the development plan for which final approval has not been given shall be subject to the local ordinances otherwise applicable thereto as they may be amended from time to time, and the same shall be noted on the Zoning Map and in the records of the Township Secretary or Clerk of Council.

An application for final approval may be for all the land included in a development plan or, to the extent set forth in the tentative approval, for a section thereof. Said application shall be filed with the Township office not later than 12 months following the grant of tentative approval, unless otherwise specified by the Township Council. The application shall include one reproducible copy and 20 prints of the development plan, including a land development plan and supplemental data, and a certificate of completion of improvements or a guarantee of improvements as required by Chapter 280, Subdivision and Land Development, as amended.

Final review. The Township shall forward one copy of the application for approval to the appropriate Township staff members, the Township's Planning Commission, the Environmental Advisory Council, the Township Engineer, and the Allegheny County Planning Commission.

Final approval.

Recording. The developer shall record the approved planned residential development plan in the office of the Allegheny County Department of Real Estate within the time required by Section 513 of the Municipalities Planning Code,[3] or final approval shall expire automatically.

Revocation. The approval of the planned residential development plan shall be revoked if the developer gives notice of his intention to abandon the plan, or if the developer fails to commence within one year and complete the required public improvements within two years of the date of such final approval. Then, no further development shall take place on the property included in the development plan unless a new development plan is approved or such development complies with this chapter and Chapter 280, Subdivision and Land Development. Failure to complete any or all of the public improvements shall prevent the developer from applying for tentative or final approval of any additional phases.

Conversion of existing apartments and multifamily dwellings to condominium or cooperative concepts.

The use, bulk, and location of building and structures;

The quantity and location of common ground and/or open space, and protection of specified natural resources, except as otherwise provided in this article; and

The intensity of use or the density of residential units shall run in favor of the Township and shall be enforceable in law or in equity by the Township, without limitation on any powers of regulation otherwise granted the Township by law.

No such modification, removal or release of the provisions of the development plan by the Township shall affect the rights of the residents of the planned residential development to maintain and enforce those provisions, at law or equity, as provided in this section.

No modification, removal or release of the provision of the development plan by the municipality shall be permitted except upon a finding by the governing body or the planning agency, following a public hearing thereon pursuant to public notice called and held in accordance with the provisions of this article, that the same is consistent with the efficient development and preservation of the entire planned residential development, does not adversely affect either the enjoyment of land abutting upon or across the street from the planned residential development of the public interest, and is not granted solely to confer a special benefit upon any person.

Estimating the permitted density shall be based on the mathematical formula listed below.

All land classified as inherently unbuildable (wetlands, one-hundred-year floodplains, and slopes exceeding 25%) shall be deducted from the site area. A further 10% shall be deducted from that net area to allow for land required for new streets, thus producing a new net acreage area which is rounded up to the next whole acre number. This number of acres is then divided by the minimum allowable lot area for the zoning district in which the site is located, as set forth in Table A of this chapter.[1] On sites not served by public sewerage or a centralized private sewage treatment facility, soil suitability for individual septic systems shall be demonstrated.

In conservation subdivisions, the following restrictions apply to the environmentally sensitive lands of the site:

The minimum percentage of land that shall be designated as permanent open space, not to be further subdivided, and protected through a conservation easement held by the Township or by a recognized land trust or conservancy, shall be as specified below:

The location of open space conserved through compact residential development shall be consistent with the policies contained in the open space and recreation element of the Township's Comprehensive and Recreation/Open Space Plan and with recommendations contained in "Designing Open Space Subdivisions: A Practical Step-by-Step Approach," by Randall Arendt, MRTPI, published by Natural Lands Trust, September, 1994.

Open space shall be comprised of two types of land: primary conservation areas and secondary conservation areas. All lands within both primary and secondary conservation areas are required to be protected by a permanent conservation easement, prohibiting further development, and setting other standards safeguarding the site's special resources from negative changes. Primary and secondary conservation areas shall also be considered as "environmentally critical lands."

Protects and preserves all floodplains, wetlands, and steep slopes from clearing, grading, filling, or construction (except as may be approved by the Township for essential infrastructure, or active or passive recreation amenities).

Preserves and maintains mature woodlands, existing fields, pastures, meadows, or orchards, and creates sufficient buffer areas to minimize conflicts between residential and agricultural uses.

If development is located on open fields or pastures, dwellings should be sited on the least prime agricultural soils, or in locations at the far edge of a field, as seen from existing public roads. Other considerations include whether the development will be visually buffered from existing public roads, such as by a planting screen consisting of a variety of indigenous native trees, shrubs and wildflowers.

Maintains or creates an upland buffer of natural native species vegetation of at least 50 feet in depth adjacent to all eddies and/or banks of wetlands and surface waters, including creeks, streams, springs, lakes and ponds.

Minimizes impacts on woodlands and wooded areas, especially those containing many mature trees or a significant wildlife habitat, or those not degraded by invasive vines. However, woodlands in poor condition with limited management potential can provide suitable locations for residential development. When any woodland is developed, great care shall be taken to design all disturbed areas (for buildings, roads, yards, septic disposal fields, etc.) in locations where there are no large trees or obvious wildlife areas, to the fullest extent that is practicable.

Leaves scenic views and vistas unblocked or uninterrupted, particularly as seen from public roadways. For example, in open agrarian landscapes, a deep "no-build, no-plant" buffer is recommended along the public roadway where those views or vistas are prominent or locally significant. In wooded areas where the sense of enclosure is a feature that should be maintained, a deep "no-build, no-cut" buffer should be respected, to preserve existing vegetation.

Avoids siting new construction on prominent hilltops or ridges, by taking advantage of lower topographic features.

Protects wildlife habitat and biodiversity areas of species listed as endangered, threatened, or of special concern by the United States Environmental Protection Agency, by the Pennsylvania Natural Diversity Inventory, by the Allegheny County Natural Heritage Inventory, or the Hampton Township Natural Areas Inventory.

Designs around and preserves sites of historic, archaeological or cultural value, and their environs, insofar as needed to safeguard the character of the feature.

Protects rural roadside character and improves public safety and vehicular carrying capacity by avoiding development fronting onto existing public roads. Establishes buffer zones along the scenic corridor of rural roads.

Landscapes common areas (such as community greens), cul-de-sac islands, and both sides of new streets with native species shade trees and flowering shrubs with high wildlife conservation value.

Provides active recreational areas, if desired, in suitable locations offering convenient access by residents, and adequately screened from nearby house lots.

Includes a pedestrian circulation system designed to assure that pedestrians can walk safely and easily on the site, between properties and activities or special features within the neighborhood open space system. All roadside footpaths should connect with off-road trails, which in turn should link with potential open space on adjoining undeveloped parcels (or with existing open space on adjoining developed parcels, where applicable).

Provides open space that is reasonably contiguous. For example, fragmentation of open space should be minimized so that these resource areas are not divided into numerous small parcels located in various parts of the development. To the greatest extent practicable, this land shall be designed as a single block with logical, straightforward boundaries. Long thin strips of conservation land shall be avoided, unless the conservation feature is linear or unless such configuration is necessary to connect with other streams or trails. The open space shall generally abut existing or potential open space land on adjacent parcels, and shall be designed as part of larger contiguous and integrated greenway systems, as per the policies in the open space and recreation element of the Township's Comprehensive Plan.

Conservation of open land in its natural state.

Passive recreation such as hiking, nonmotorized biking on an established trail, bird watching, and picnicking only.

Buffer yards along tract boundaries.

Easements for drainage, access, sewer or water lines, or other public purposes.

Underground utility and street rights-of-way may traverse conservation areas if absolutely necessary, but shall not count toward the minimum required.

The same as in Subsection G(1) above for primary conservation lands.

The same as in Subsection G(2) above for primary conservation lands.

The same as in Subsection G(3) above for primary conservation lands.

The same as in Subsection G(4) above for primary conservation lands.

Underground utility and street rights-of-way may traverse conservation areas but shall not count toward the minimum required SLC greenway land.

Water supply and sewage disposal systems, and stormwater detention areas, designed, landscaped, and available for use as an integral part of the greenway. The acreage of land for these uses will not be credited toward the minimum open space acreage requirements unless the land is still appropriate for passive recreational use, such as a retention pond which always holds water.

Neighborhood uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact recreation uses, specifically excluding motorized off-road vehicles or bikes, rifle ranges, and other uses similar in character and potential impact as determined by the Township Council.

Active noncommercial recreation areas, such as playing fields, playgrounds, swimming pools, courts, and bikeways, provided such areas do not consume more than half of the minimum required SLC greenway land or five acres, whichever is less. Playing fields, playgrounds, pools, 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, properly drained, unlighted, provide safe ingress and egress and contain no more than 10 parking places.

Primary resources.

Secondary resources.

They shall be free of all structures except historic buildings, stone walls, and structures related to greenway uses. The Township Council may grant approval of structures and improvements required for storm drainage, sewage treatment and water supply within the open space provided that such facilities would not be detrimental to the greenway (and that the acreage of lands required for such uses is not credited towards minimum open space acreage requirements for the tract, unless the land they occupy is appropriate for passive recreational use).

They shall generally not include parcels smaller than three acres, have a length-to-width ratio of less than 4:1, or be less than 75 feet in width, except for such lands specifically designed as neighborhood greens, playing fields or trail links.

They shall be directly accessible to the largest practicable number of lots within the subdivision. Nonadjoining lots shall be provided with safe and convenient pedestrian access to open space land.

A portion shall be suitable for active recreational uses to the extent deemed necessary by the Township Council, without interfering with adjacent dwelling units, parking, driveways, and roads.

They shall be interconnected wherever possible to provide a continuous network of greenway lands within and adjoining the subdivision.

They shall provide buffers to adjoining parks, preserves or other protected lands.

They shall provide for pedestrian pathways for use by the residents of the subdivision. Consideration shall be given to providing for public access on such trails if they are linked to other publicly accessible pathway systems within the municipality. Provisions should be made for access to the open space lands, as required for land management and emergency purposes.

To the greatest extent possible, they should be undivided by public or private streets, except where necessary for proper traffic circulation.

They shall be suitably landscaped either by retaining existing natural cover and wooded areas and/or according to a landscaping plan to protect greenway resources.

They shall be made subject to such agreement with the municipality and such conservation easements duly recorded in the office of the County Recorder of Deeds as may be required by Council for the purpose of preserving the common open space for such uses.

They shall be consistent with the Township's Comprehensive Plan and its Open Space Plan.