A building or group of buildings may be erected, altered or used, or a lot may be used or occupied for one principal use for any of the following purposes in the Blue Mountain Preservation District. Upon demonstration to the Zoning Officer that the dimensional and other applicable requirements of this Chapter are met, the Zoning Officer shall issue permits in accordance with §§27-1203 and 27-1204 as applicable. [Ord. 2010-1]

Refer to §27-404. Principal Uses Table 1.

These uses occur on the same lot as the permitted uses and are customarily incidental and subordinate to the permitted use. Accessory uses shall meet all yard and other applicable regulations of this Chapter.

Refer to §27-404. Principal Uses Table 2.

Application for these uses are subject to review by the Zoning Hearing Board according to the provisions of Part 11. These uses shall be permitted after the Zoning Hearing Board has determined that the relevant standards and criteria contained in §27-1108 are met. The Zoning Hearing Board may attach any reasonable conditions and safeguards, in addition to those expressed in this Chapter, as it may deem necessary to implement the purpose of this Chapter and to protect the public health, safety, morals, and the general welfare.

Refer to §27-404. Principal uses Table 1.

(Ord. 4-81, 12/28/1981, §640; as amended by Ord. 2004-3, 8/12/2004, Art. I, §5; and by Ord. 2010-1, 4/8/2010)

1. The purpose of the cluster development is to permit, subject to final approval by the Board of Supervisors, high quality lot layouts, planning and landscaping designs for residential subdivision in a Blue Mountain Preservation District. Furthermore, a single-family detached dwelling area and dimensional specifications, pursuant to this Section are a means for residential developers to improve the feasibility of creating attractive and practical designs in lot layout, street alignment and building orientation, while preserving desirable natural features. All cluster developments shall meet the requirements of this Section and all applicable sections of the Heidelberg Township Subdivision and Land Development Ordinance [Chapter 22] and this Chapter. [Ord. 2007-1]
2. The minimum lot size shall be 3 acres per single-family detached dwelling.
3. The lot width shall be 210 feet.
4. The maximum building height shall be 35 feet.
5. The maximum lot coverage shall be 8 percent.
6. The maximum density shall not exceed one single-family detached dwelling per 10 gross acres.
7. No building or structure may be erected, constructed, reconstructed, altered, or moved upon or within any resource protected land and open space area, as such term is defined in the Subdivision and Land Development Ordinance [Chapter 22].
8. The open space, which is the remaining usable site area but not developed as part of the cluster development, shall be protected from development in perpetuity. The perpetual preservation of open space shall be in accordance with this Chapter.
9. The area set aside as open space and resource protected lands shall be subject to one of the following methods, as selected by the owner, for ensuring permanent protection of the same against further subdivision and development, or any activity deleterious to the purposes for which the Blue Mountain Preservation District exists: [Ord. 2007-1]
   1. Open space agreement in such form as shall be acceptable to the Township and which shall be executed by the owner and the Township Board of Supervisors, be recorded in the Office of Recorder of Deeds and noted along the margin of the last recorded deed containing the legal or metes and bounds description of the open space.
   2. Blue Mountain easement in such form as shall be acceptable to the Township and which shall be executed by the owner granting enforcement rights to (1) a qualified natural land Blue Mountain organization meeting the requirements of IRS §§501.c(3) and 170(h), (2) the Wildlands Conservancy, (3) the Commonwealth of Pennsylvania Game Commission, or, in the discretion of the Township, to the Township or other political subdivision. Such Blue Mountain easement shall be recorded in the Office of Recorder of Deeds and noted along the margin of the last recorded deed containing the legal or metes and bounds description of the open space.
   3. Declaration of covenants in such form as shall be acceptable to the Township and which shall be executed by the owner and the Township Board of Supervisors, be recorded in the Office of Recorder of Deeds and noted along the margin of the last recorded deed containing the legal or metes and bounds description of the open space.
   4. Deed restriction(s) in such form as shall be acceptable to the Township and which shall be executed by the owner and the Township Board of Supervisors, be recorded in the Office of Recorder of Deeds and noted along the margin of the last recorded deed containing the legal or metes and bounds description of the open space.
   5. Dedication of the open space by fee simple deed to the Township, provided the Township agrees to accept such dedication by resolution.

(Ord. 4-81, 12/28/1981, §660; as added by Ord. 2004-3, 8/12/2004, Art. I, §6; and as amended by Ord. 2007-1, 3/8/2007, §2)