Jackson Township Monroe County
City Zoning Code
City Zoning Code
PART 13
CONSERVATION SUBDIVISION DESIGN
§ 27-1301 Concept.
[Ord. No. 2014-101, 5/1/2014]
A key concept associated with conservation design is the 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, 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.
§ 27-1302 Purposes.
[Ord. No. 2014-101, 5/1/2014]
1.
In conformance with the Pennsylvania Municipalities Planning Code,[1] the purposes of this section, among others, are as follows:
A.
To conserve open land, including those areas in R-1, RC and V Districts, 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 Township Comprehensive Plan and the Township Open Space and Recreation Plan.
H.
To implement adopted land use, transportation, and community policies, as identified in the Regional Comprehensive Plan for Chestnuthill, Jackson, Eldred and Ross Townships.
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.
§ 27-1303 Districts; Development Options.
[Ord. No. 2014-101, 5/1/2014]
1.
Applicability.
A.
Required in R-1 District. In all R-1 Districts, conservation subdivision design shall be required in accord with this Part 13, using Option 1, Option 2, Option 3 or Option 4.
B.
Optional in RC and V Districts. In all RC and V Districts, conservation subdivision design may be used at the developer's option in accord with this Part 13, using Option 1, Option 2, Option 3 or Option 5. In the alternative, a standard subdivision may be developed in accord with the applicable provisions of this chapter.
2.
Development Options. In order to achieve the purposes in § 27-1302, this § 27-1303 provides for flexibility in designing new residential subdivisions by allowing the following forms of development, referred to as "Options," as listed below:
A.
By Right (Permitted Use) in R-1, RC and V Districts.
(1)
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 § 27-1306, with not less than 45% of the tract comprised of conservation open space.
(2)
Option 2, increased density with increased conservation, providing residential lots/units at the density permitted by the Density and Conservation Open Space Table in § 27-1306, with not less than 55% of the tract comprised of conservation open space.
(3)
Option 3, greater density with greater conservation, providing residential lots/units at the density permitted by the Density and Conservation Open Space Table in § 27-1306, with not less than 60% of the tract comprised of conservation open space.
(4)
Option 4 (R-1 District Only), standard subdivision in R-1 Districts, providing larger lots in accord with the standards in the Density and Conservation Open Space Table in § 27-1306 and other applicable standards without providing open space. Any lots platted using this Option 4 shall be restricted from further subdivision.
3.
RC and V Districts. RC and V Districts tracts of eight acres of gross tract area or larger may, at the developer's option, be developed using conservation subdivision design development in accord with this Part 13.
4.
R-1 Districts.
A.
Eight Acres or More. In R-1 Districts, all tracts of eight acres of gross tract area or larger shall be subject to conservation subdivision design development in accord with this Part 13.
(1)
Limited Exemption. In lieu of the four-step conservation design process in accord with Chapter 22, Subdivision and Land Development, the normal subdivision process as governed by that chapter may be applied to parcels of eight acres of gross tract area or larger, validly existing as of the effective date of this Part 13, provided all of the following are satisfied:
(2)
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.
B.
Less Than Eight Acres. Separately deeded tracts of less than eight acres of gross tract area, validly existing as of the effective date of this Part 13, may be developed as:
C.
Act 319 Lands. On lands enrolled in the Pennsylvania Act 319 (Clean and Green) Program,[1] the subdivision of one lot per year meeting the minimum requirements of the Act 319 Program shall be exempt from the requirements of this Part 13, and the lot shall count against the two lot maximum established in § 27-1303, Subsection 4A(3).
[1]
Editor's Note: See 72 P.S. § 5490.1 et seq.
D.
Existing Conservation Easements. Conservation easements which provide for the subdivision of lots shall be exempt from the requirements of this Part 13, provided such easement preexisted the effective date of this Part 13 and the lot size stipulated in the easement for the lots to be subdivided complied with the requirements of the zoning ordinance provisions in effect at the time the conservation easement was recorded.
§ 27-1304 General Regulations.
[Ord. No. 2014-101, 5/1/2014]
1.
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 22, Subdivision and Land Development. Primary conservation areas include:
§ 27-1305 Use Regulations.
[Ord. No. 2014-101, 5/1/2014]
1.
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:
2.
Uses Permitted in Option 4. The following uses shall be permitted in Option 4 conservation subdivision design developments:
3.
Uses Permitted In Option 5, Hamlets And Villages. See Subpart 13B.
§ 27-1306 Maximum Dwelling Units and Minimum Conservation Open Space.
[Ord. No. 2014-101, 5/1/2014]
1.
Dwelling Units The maximum number of dwelling units shall be determined by using one of two approaches using 1 of 2 approaches: a calculation using the density factor in the Density and Conservation Open Space Table and the adjusted tract area approach in § 27-1306, Subsection 5, or by a yield plan detailed in § 27-1306, Subsection 6. The applicant shall determine which approach is most suitable.
2.
Conservation Open Space. The minimum conservation open space shall be as set forth in the Density and Conservation Open Space Table, regardless of which method is used to determine the maximum number of dwelling units.
A.
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.
B.
C.
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:
3.
(Reserved)
4.
(Reserved)
5.
Adjusted Tract Area Approach. Determination of the maximum number of dwelling units shall be based upon the following calculations:
A.
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.
B.
Determine Constrained Land. Constrained land consists of the resources listed in the Constrained Land Table, multiplied by a protection factor and totalled. 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 0.50 | = | |
D | 100-year floodplain (if not mapped by FEMA, area is included in floodway above) | X 0.25 | = | |
E | Wetlands, as determined by a delineation | X 0.50 | = | |
F | Prohibitive steep slopes (25% or greater) | X 0.50 | = | |
G | Precautionary steep slopes (15% to less than 25%) | X 0.10 | = | |
H | Ponds, lakes and streams to the highwater mark | X 0.50 | = | |
I | Constrained land = sum of A through H = | |||
D.
Maximum Number of Dwelling Units.
(1)
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. Where calculations result in fractional numbers, the fraction shall be rounded down to the next whole number.
6.
Yield Plan Approach (applicable to Options 1, 2 and 3).
A.
Number of Units Permitted.
(1)
Option 1. For Option 1, the maximum number of dwelling units shall be determined by a layout with conventional lots using the minimum lot size standards applicable to the district of location. The number of units permitted in the conservation subdivision design development shall equal the number of units on the yield plan, provided it meets the requirements of this section and Chapter 22, Subdivision and Land Development, applicable to conventional subdivisions.
(2)
Option 2. For Option 2, the maximum number of units permitted shall equal the number of units on an Option 1 yield plan, multiplied by a factor of 1.25. NOTE: The 1.25 multiplication factor was determined by dividing the Option 1 density factor by the Option 2 density factor (e.g., 30,000 SF ÷ 24,000 SF = 1.25).
(3)
Option 3. For Option 3, the maximum number of units permitted shall equal the number of units on an Option 1 yield plan, multiplied by a factor of 1.43. NOTE: The 1.43 multiplication factor was determined by dividing the Option 1 density factor by the Option 3 density factor (e.g., 30,000 SF ÷ 21,000 SF = 1.43).
C.
Plan Requirements.
(1)
SALDO Requirements. Yield plans shall be prepared in accord with the standards of Chapter 22, 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; however, it shall be a realistic layout reflecting a development pattern that could reasonably be expected to be implemented, taking into account the presence of wetlands, floodplain, steep slopes, existing easements or encumbrances and, if unsevered, the suitability of soils for subsurface sewage disposal.
[Amended by Ord. No. 2015-101, 4/23/2015]
Density and Conservation Open Space | |||||||
|---|---|---|---|---|---|---|---|
Option 1 Basic Density and Basic Conservation (neutral density) | Option 2 Increased Density with Increased Conservation (20% density bonus) (ATA/unit reduced by 20%) | Option 3 Greater Density with Greater Conservation (30% density bonus) (ATA/unit reduced by 30%) | Option 4 Standard Subdivision with no Conservation Open Space | ||||
Density Factor (SF ATA/DU1) | Minimum Conserva-tion Open Space Required2 | Density Factor (SF ATA/DU1 | Minimum Conserva-tion Open Space Required2 | Density Factor (SF ATA/DU1 | Minimum Conserva-tion Open Space Required2 | Minimum Lot Size (SF) | Minimum Conserva-tion Open Space Required3 |
R-1 Residential District - Option 1, Option 2, Option 3 or Option 4 required. | |||||||
R-1, Community Water Supply and/or Community Sewage System | |||||||
30,000 | 45% ATA | 24,000 | 55% ATA | 21,000 | 60% ATA | 60,000 | None |
R-1, No Community Water Supply and No Community Sewage System | |||||||
87,120 | 45% ATA | 69,700 | 55% ATA | 60,980 | 60% ATA | 174,240 | None |
V Village District - the developer may use Option 1, Option 2 or Option 3. In the alternative, a standard subdivision may be developed in accord with the applicable provisions of this chapter. | |||||||
V, Community Water Supply and Community Sewage System | |||||||
15,000 | 45% ATA | 12,000 | 55% ATA | 10,500 | 60% ATA | Not applicable | |
V, Community Water Supply or Community Sewage System | |||||||
25,000 | 45% ATA | 20,000 | 55% ATA | 17,500 | 60% ATA | Not applicable | |
V, No Community Water Supply and No Community Sewage System | |||||||
43,560 | 45% ATA | 34,850 | 55% ATA | 30,490 | 60% ATA | Not applicable | |
RC Recreation Commercial District - the developer may use Option 1, Option 2 or Option 3. In the alternative, a standard subdivision may be developed in accord with the applicable provisions of this chapter. | |||||||
RC, Community Water Supply and/or Community Sewage System | |||||||
20,000 | 45% ATA | 16,000 | 55% ATA | 14,000 | 60% ATA | Not applicable | |
RC, No Community Water Supply and No Community Sewage System | |||||||
43,560 | 45% ATA | 34,850 | 55% ATA | 30,490 | 60% ATA | Not applicable | |
Option 5, hamlets and villages - May be used by the developer in V and RC Districts. See Subpart 13B, community water supply and community sewage system is required. | |||||||
40% density bonus (ATA/unit reduced by 40% | Density Factor (SF ATA/DU1) | Minimum Conservation Open Space Required2 | |||||
V Village District | 9,000 | 70% ATA | |||||
RC Recreation Commercial District | 12,000 | 70% ATA | |||||
1 | SF ATA = square feet of adjusted tract area in § 27-1306.5.C. |
2 | Plus constrained land calculated in § 27-1306.5.B. (See Row I of Table.) |
3 | Minimum conservation open space is permitted but not required. |
(2)
Resource Identification. The yield plan shall identify the site's primary and secondary conservation areas, as identified in the existing resources/site analysis, and demonstrate that the primary conservation areas could be successfully absorbed in the development process without disturbance by allocating this area to proposed single-family dwelling lots which conform to the required dimensional standards. The yield plan shall be based upon accurate mapping of wetlands, 100-year floodplain and land with slopes greater than 15%.
(3)
Individual Sewage Disposal Systems.
(a)
On sites not served by community sewage disposal, density shall be further determined by evaluating the number of homes that could be supported by soils-based individual on-lot sewage disposal systems. For the purposes of determining density under this section, this standard shall exclude holding tanks, individual stream discharge systems and evapotranspiration systems.
(b)
Based on the existing resources/site analysis and observations made during an on-site visit of the property, the Township shall select a 10% sample of the lots considered to be marginal for on-lot sewage disposal. The applicant shall provide evidence that these lots meet the standards for an individual on-lot sewage disposal system and system replacement area before the applicant shall be granted the full density determined by the yield plan. Should any of the lots in a sample fail to meet the standard for individual septic system, those lots shall be deducted from the yield plan and a second 10% sample shall be selected by the Township and tested for compliance. This process shall be repeated until all lots in a given sample meet the standard for an individual soils-based on-lot sewage disposal system.
7.
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:
8.
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:
§ 27-1307 Dimensional and Design Standards.
[Ord. No. 2014-101, 5/1/2014]
1.
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) | 5,500 | 21,780 | 32,670 | 43,560 |
Minimum lot width at required setback (feet) | 40 | 70 | 85 | 100 |
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 22, 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 | ||
2.
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 | ||
|---|---|---|
R-1 District Community Water Supply and/or Community Sewage System | R-1 District No Community Water Supply and No Community Sewage System | |
Minimum lot area | 60,000 square feet (1.38 acres) | 174,240 square feet (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 | |
3.
Maximum Lot Coverage. Maximum ground coverage for single-family dwellings in Options 1 through 4 shall be limited in accord with the following Maximum Impervious Cover Table.
Maximum Impervious Cover For Single-Family Dwellings Option 1, Option 2, Option 3 and Option 4 | |
|---|---|
Lot Area (square feet) | Maximum Impervious Coverage |
Less than 10,000 | 50% |
10,000 - 19,999 | 40% |
20,000 - 43,560 | 30% |
More than 43,560 | Reduce limit by 1.5% for each additional acre or fraction thereof, but not reduced to less than 5% |
4.
Dimensional Standards for Two-Family Dwellings, Single-Family Attached Units/Townhouses, Quadruplexes and Multiple-Family. The standards in the Dimensional Standards for Two-Family Dwellings, Single-Family Attached Units/Townhouses, Quadruplexes and Multiple-Family Table shall apply:
Dimensional Standards for Two-Family Dwellings, Single-Family Attached Units/Townhouses, Quadruplexes and Multiple-Family Option 1, Option 2 and Option 3 | |
|---|---|
Minimum individual lot area | None |
Separation of principal buildings | 35 feet |
Minimum lot width (if individual lots are provided) | 18 feet (24 feet if a 2-car garage or parking of 2 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 |
5.
Community Water Supply and Sewage Disposal. Two-family dwellings, single-family attached/townhouses, quadruplexes and other multiple-family dwellings shall be served by a community water system and a community sewage disposal system.
6.
Dwelling Lots/Conservation Open Space. No part of any dwelling lot shall encroach upon conservation open space.
7.
Setbacks. All new dwelling units shall meet the setback requirements in the following Dwelling Setbacks Table:
Dwelling Setbacks | |||
|---|---|---|---|
From | Single-Family (feet) | Two-Family, Single-Family Attached/Townhouses, Quadraplexes (feet) | Other Multifamily (feet) |
External Township or state road rights-of-way | 100 | 150 | 200 |
Other perimeter boundaries of the development tract | 50 | 100 | 150 |
Cropland or pastureland not on the development parcel | 100 | 100 | 100 |
Buildings or barnyards housing livestock not on the development parcel | 300 | 300 | 300 |
Active recreation areas such as courts and play fields not on the development parcel (not including tot lots) | 150 | 150 | 150 |
§ 27-1308 Discretionary Density Bonus.
[Ord. No. 2014-101, 5/1/2014]
1.
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 § 27-1306, Subsections 5 or 6, as selected by the applicant.
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.[1] 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.
[1]
Editor's Note: See 42 U.S.C.§ 3601.
B.
Public Usage of Open Space Land. The Board of Supervisors may encourage the dedication of land for public use (including active and passive recreation areas, municipal buildings, etc.) according to the following standards: a density bonus for greater public usage of open space land in new subdivisions shall be computed on the basis of a maximum of one dwelling unit per five acres of open space land or per 2,500 feet of trail that becomes publicly accessible (per 1,250 feet for paved trails). The decision whether to accept an applicant's offer to dedicate open space land to public usage within a proposed subdivision shall be at the discretion of the Board of Supervisors, which shall be guided by the recommendations contained in the Comprehensive Plan and Open Space and Recreation Plan and the Official Map, particularly those sections dealing with active recreational facilities and passive trail networks.
C.
Endowment For Open Space Maintenance.
(1)
Permanent Fund. When open space land is to be donated to a land trust or to the Township, the Board of Supervisors may allow up to a 10% density bonus over the maximum number of units permitted in § 27-1306, Subsection 7A, to generate additional income to the applicant for the sole purpose of endowing a permanent fund to offset continuing costs of maintaining the open space land (involving activities such as mowing meadows, removing invasive vines, paying insurance premiums and local taxes, etc.), including costs associated with active or passive recreation facilities. Spending from this fund should be restricted to expenditure of interest so that the principal may be preserved. Assuming an annual average interest rate of 5%, the amount designated for the endowment fund shall be at least 20 times the estimated annual maintenance costs. Such estimate shall be prepared by an agency, firm, or organization acceptable to the Board of Supervisors, and with experience in managing conservation land and recreational facilities.
(2)
Cost Estimate. When estimating the projected maintenance costs of the open space land, open space land that is not accessible by the subdivision residents for their common enjoyment need not be included in the calculations. Such lands would typically include areas designated on the final plan as land reserved for future agricultural, horticultural, silvicultural, or equestrian uses, which may be leased or sold to another party for those express purposes, and which is protected from future development by a permanent conservation easement. In such cases, the density bonus shall be adjusted proportionately to reflect only the acreage that is accessible to residents for their passive or active recreation.
(3)
Open Space; Lot Size. When a density bonus is approved for the public purposes in this § 27-1308, the required open space land may be reduced by up to 10% or the minimum lot area requirement may be reduced by up to 10%, or by a combination of these approaches, at the discretion of the Board of Supervisors, if the Board is satisfied that the public purposes are being served.
§ 27-1309 Uses Permitted on Conservation Open Space.
[Ord. No. 2014-101, 5/1/2014]
1.
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 and 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. Audubon International Signature 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.
§ 27-1310 Conservation Open Space Design and Other Standards.
[Ord. No. 2014-101, 5/1/2014]
1.
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 22, Subdivision and Land Development, which begins with the identification of primary and secondary conservation areas.
2.
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 Comprehensive Plan, to ensure that, over time, an interconnected network of conservation open space will be created.
3.
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.
4.
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 22, Subdivision and Land Development.
5.
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.
6.
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:
7.
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 under story growth be permitted, except as may be necessary for street or trail construction or for the removal of invasive plant species.
A.
Where existing vegetation provides an adequate buffer, as determined by the Board of Supervisors, the depth may be reduced to 75 feet.
B.
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.
9.
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.
10.
Access. Pedestrian and maintenance access shall be provided to conservation open space in accord with the following requirements:
11.
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.
§ 27-1311 Commercial Development as a Conditional Use.
[Ord. No. 2014-101, 5/1/2014]
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 commercial development meeting the requirements of the C District. 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.
§ 27-1312 General.
[Ord. No. 2014-101, 5/1/2014]
1.
Purpose. The primary purpose of the hamlet and village option is to provide for a diversity of housing types, age groups and income levels in a manner consistent with the variety of existing homes in the municipality and with traditional village building and site development patterns. Additionally, it is the purpose of this Subpart 13B to:
A.
Encourage creation of a functionally diverse, but visually unified, community focused on a central square.
B.
Promote use of common greens, landscaped streets, boulevards, parkways, and single-loaded streets woven into street and block patterns that provide neighborhood identity and space for social activity, recreation, and visual enjoyment.
C.
Provide buildings for common or institutional purposes, such as civic or religious assembly, that act as visual landmarks and symbols of identity.
D.
Promote pedestrian movement by locating new village housing, services, jobs and public places within convenient walking distance of each other, wherever practicable.
E.
Reduce traffic congestion and dependence on the automobile by creating a hierarchy of streets and ways that effectively serve pedestrians, cyclists and drivers.
F.
Provide for a hierarchy of conservation open space from public greens or parks to farmland and woodland conserved as greenbelt areas protected under permanent conservation easements.
2.
Applicability and Location Criteria. Hamlet and village development is a conditional use in the V District and RC District.
A.
Hamlets and villages should be sited and designed to avoid or minimize negative impacts on existing woodlands and hedgerows, wetlands, stream valleys, cultural landscapes and scenic views from municipal roads.
B.
The use of special site design techniques is encouraged as a way of conserving the municipality's rural character in situations where topography, hedgerows or other vegetation would not provide naturalistic screening opportunities.
C.
Villages proposed to contain more than 50 dwelling units shall be located with direct access to at least one primary arterial or collector road identified in the Comprehensive Plan.
D.
Hamlets and villages shall be served by community sewage disposal and community water supply.
4.
Village Areas. All villages shall contain both a village residential area and village conservation open space. Villages may also contain a village commercial area. These areas are intended to provide for the diversity necessary for traditional village life while maximizing the interactions among related uses and minimizing the adverse impacts of different uses upon each other.
A.
The village residential area is intended to contain dwelling units and related accessory uses.
B.
The village commercial area is intended primarily to provide uses that meet the retail and service needs of a traditional village center and its vicinity, and may contain other compatible uses such as civic and institutional uses of community-wide importance and second-floor residential uses. The village commercial area may be located either at the approximate center of the village, or at the edge, near an existing municipal collector or arterial street.
C.
The village conservation open space is intended to provide a greenbelt surrounding the village residential area and common greens within the village residential and village commercial area.
§ 27-1313 Permitted Uses.
[Ord. No. 2014-101, 5/1/2014]
1.
Hamlets. Uses permitted in hamlets are:
A.
Residential Uses.
(1)
Single-family detached dwellings.
(2)
Two-family dwellings.
(3)
Single-family attached units/townhouses with three or four dwelling units per building, designed to resemble traditional multifamily homes built in the boroughs and villages of the county prior to 1930, and sited so they front directly onto streets, not parking areas.
2.
Villages. Village uses may be located within village residential, village commercial and village conservation open space areas.
A.
Village Residential Area. The village residential area shall be located outside the village commercial area and shall contain primarily single-family detached dwelling units, but may include some two-family and single-family attached units/townhouses units. Permitted uses are:
B.
Village Commercial Area. Permitted uses are:
(2)
Retail uses, professional offices and personal or professional services occupying 6,000 square feet or less in one-and-one-half-story buildings, and up to 8,000 square feet in buildings of two or more stories. Uses with drive-in windows are prohibited.
(3)
Civic and institutional uses, such as schools, libraries, and places of worship.
(4)
Governmental or public uses, excluding storage of materials, trucking or repair facilities, private or municipal sanitary landfills, recycling facilities, Township garages and sand/salt storage facilities.
(5)
Bed-and-breakfast establishments.
(6)
Day-care centers.
(7)
Elderly congregate housing, senior citizen/disabled housing, and nursing homes.
(8)
Second-story dwelling units are specifically encouraged and shall be permitted in addition to the maximum number of units otherwise permitted, provided the total number of dwelling units in a development shall not be increased by more than 10 dwelling units or 10%, whichever is greater. Shared parking arrangements shall be permitted.
(9)
Live/work units for artisans, professionals and service providers.
(10)
Gasoline stations only along major arterial roads.
(11)
Active recreation.
§ 27-1314 Density, Intensity and Minimum Conservation Open Space.
[Ord. No. 2014-101, 5/1/2014]
1.
Number of Dwelling Units. The maximum number of dwelling units shall be determined as set forth in § 27-1306.
2.
Density Bonus. The discretionary density bonuses in § 27-1308 shall apply to village and hamlet development.
3.
Commercial Intensity. Village commercial development, including associated parking areas, may occupy up to 5% of the adjusted tract area of the entire village. This maximum may be increased:
A.
Up to 10% if the new buildings include second-story nonretail commercial uses above at least 10% of the new commercial building coverage.
B.
Up to 15% if they include second-story residential uses and at least half the new building coverage shall be of two-story construction and at least 25% of the second-story shall be designed for residential use.
4.
Conservation Open Space.
A.
The minimum required conservation open space shall be as set forth in the Density and Conservation Open Space Table in § 27-1306.
C.
At least 20% of the required conservation open space shall be in a form accessible to the residents, such as a central green, neighborhood squares or commons, recreational playing fields, walking trails, other kinds of footpaths, a community park, or any combination thereof. In addition, no more than 50% of the required conservation open space may be comprised of active recreation facilities such as playing fields, golf courses, tennis courts, etc.; conservation open space shall not be used for residential lots.
§ 27-1315 Area and Dimensional Standards.
[Ord. No. 2014-101, 5/1/2014]
1.
Residential Uses.
A.
Residential uses shall meet the lot area and width standards in the Dimensional Standards for Two-family Dwellings and Single-Family Attached Units/Townhouses Units Table.
Dimensional Standards for Two-Family Dwellings and Single-Family Attached Units/Townhouses Units | ||
|---|---|---|
Minimum Lot Area (square feet) | Minimum Lot Width at Required Setback (feet) | |
Single-family detached dwelling | 5,500 | 40 |
Two-family dwellings | 2,750 | 30 |
Single-family attached/townhouses | 1,950 | 18 |
B.
Residential uses shall meet the setback requirements in the Setback Requirements Table. Side setbacks may be modified in accordance with § 27-1319.
Setback Requirements | |||
|---|---|---|---|
Minimum Front Setback (from street line unless otherwise indicated) (feet) | Minimum Rear Setback (feet) | Minimum Side Setback (feet) | |
Principal dwelling: | |||
Single-family detached | 12 | 30 | Note 1 |
Two-family | 12 | 20 | Note 1 |
Single-family attached/townhouses | 12 | 20 | Note 1 |
Front porch, open, with steps | 6 | NA | Note 1 |
Front porch, enclosed by windows or screens | 10 | NA | Note 1 |
Garage, detached front-loading | 40 | 7 | 5 |
Garage, attached side-loading | 10 | 10 | Note 1 |
Garage, attached front-loading | 10 behind the plane of the front facade of the principal dwelling | 10 | Note 1 |
Garage, rear-loading | NA | 10 from rear service lane or alley | 52 |
1 | Minimum twenty-foot separation between principal dwellings on adjacent lots. |
2 | May be reduced to zero feet for twins and single-family attached/townhouses; i.e., they may be attached. |
C.
Front facades of dwellings on opposite sides of the street shall be located a minimum of 70 feet and a maximum of 90 feet apart, excluding porches. This requirement shall not apply to dwellings which front on boulevards, common greens or other conservation open space.
2.
Setbacks.
A.
The applicant is encouraged to consider variations in the principal building position and orientation, but shall meet the minimum standards in the Setback Requirements Table.
B.
Residential side setbacks may be reduced to zero ("zero lot line") in the village residential area, when a dwelling has either no side windows, or when the side windowsills are located at least 64 inches above the finished grade.
3.
Nonresidential Uses. Nonresidential uses in the village commercial area shall be contained on a lot for which the minimum lot area is determined by adding 20% to the land area needed for the building, on-site parking, ingress/egress, and any on-site infrastructure that is required, including septic systems and stormwater management facilities. The additional 20% shall serve as setback areas and landscaped buffers. Each lot shall meet the following standards:
A.
Minimum street frontage: 50 feet.
B.
Maximum building coverage: 50%.
C.
Maximum impervious surface coverage: 75%.
D.
Minimum front setback: zero feet.
E.
Maximum front setback ("build-to" line): 15 feet. At least 60% of the buildings shall be located at the "build-to" line.
F.
Minimum side setback: five feet.
G.
Minimum rear setback: 20 feet.
H.
Maximum building height: 38 feet. Except for schools, libraries, and churches: None.
5.
Street Frontage. Lots must have frontage either on a street or on a rear service lane or shared driveway, except that dwellings served by rear lanes may front directly onto parks or greens, which shall be designed with perimeter sidewalks.
6.
Building Height.
A.
Hamlets. The maximum building height shall be 38 feet.
B.
Villages. Building height shall be between 1.5 and 2.5 stories above grade at the front elevation, with a maximum height of 38 feet.
C.
Exceptions. The height limitations of this chapter shall not apply to chimneys, spires, steeples, gables, cupolas, standpipes, flagpoles, monuments, transmission towers, radio or television antennas, cables, water tanks and similar structures and necessary mechanical appurtenances, provided that no such exception shall cover, at any level, more than 10% of the area of the building's roof or the ground on which it is located. Such architectural features on institutional or civic buildings may equal the height of the building.
§ 27-1316 Additional Standards.
[Ord. No. 2014-101, 5/1/2014]
1.
Lot Area. Area contained within a lot shall be exclusive of 100-year floodplains, wetlands and slopes exceeding 25%.
2.
Flag Lots. Flag lots are permitted in limited applications in conservation subdivisions to locate dwellings at the ends of culs-de-sac and between "fingers" of conservation open space in order to avoid extending streets further than necessary. The following standards shall apply:
A.
No more than two contiguous flag lots shall be created. Shared driveways are encouraged between adjacent flag lots.
B.
Flag lots shall comprise no more than 10% of all lots in the development.
C.
The access strip of a flag lot shall be owned by the owner of the main portion of the flag lot and shall extend to an existing public or private street. The access strip shall serve as the primary access for the lot.
D.
The access strip shall have a minimum width of 20 feet. The width shall be increased as necessary to contain all grading for the driveway within the access strip.
E.
The access strip shall have a maximum length of 200 feet.
F.
The minimum lot width of the lot at the building line shall be the minimum lot width required at the street line. Minimum lot width shall be measured parallel to the street at the point of the proposed building closest to the street and shall extend the full depth of the building, plus an additional 20 feet.
G.
The minimum lot area of the flag lot shall be calculated exclusive of the access strip.
3.
Open Space. At least 50% of the lots in hamlets and villages shall directly abut conservation open space or face conservation open space across a street.
4.
Integrating Mixed Dwelling Types. When two-family dwellings or single-family attached/townhouse units are proposed, such dwellings shall be designed to reflect the county's vernacular building tradition for such building types. When attached dwelling types are proposed, they shall be integrated architecturally and in scale so that they are physically incorporated within the same streetscape as single-family dwellings and nonresidential buildings, and not isolated in separate areas.
5.
Parking.
A.
Minimum Off-Street Parking Requirements. The minimum number of parking spaces required in § 27-1005 shall be provided, unless different standards are stated below:
B.
Other Provisions.
(1)
On-street parking spaces along the front property line of a lot shall be counted toward the minimum number of parking spaces required for the use on that lot.
(2)
Nonresidential off-street parking shall be to the side or rear of buildings or located within internal parking areas not visible from the street.
(3)
On-street parking spaces shall always be parallel to the curb.
(4)
Off-street parking may be located on a lot within 600 feet (measured along a publicly accessible route) from the use to which the parking is accessory. Said lot containing the parking shall be owned or leased to the owner of the principal use, or the lot containing the parking shall be dedicated to parking for as long as the use to which it is accessory continues and it is owned by an entity capable of assuring its maintenance as accessory parking.
§ 27-1317 Conservation Open Space Design Standards.
[Ord. No. 2014-101, 5/1/2014]
2.
Location and Design. Conservation open space shall be located and designed to add to the visual amenities of villages and hamlets and to the surrounding area by maximizing the visibility of conservation open space as terminal vistas at the ends of streets or along the outside edges of street curves, and as perimeter greenbelts. Greenbelts shall be designed to provide buffers and to protect scenic views as seen from existing roadways and from public parks.
3.
Type. Conservation open space shall consist of two types: natural and formal.
A.
Natural. Natural conservation open space shall consist of, but not be limited to, meadows, woodlands, specimen trees, hedgerows, wetlands, floodplain and steep slopes.
B.
Formal. Formal conservation open space shall consist of greens, commons, squares and parks that are defined by building walls, streets and street trees.
4.
Greens, Commons, Squares and Parks.
A.
Leisure and Assembly. Greens, commons, squares, and parks shall serve a variety of outdoor leisure and assembly needs of village residents and enhance the form and appearance of the village.
B.
Distribution. Greens, commons, squares and parks shall be distributed throughout hamlets and, in villages, the village residential area and, when included, the village commercial area.
C.
Common Greens in Village Commercial Areas. When a village commercial area is proposed, a central village green shall be required. The central green shall be designed as an attractive gathering place for village residents in both day and evening and:
(1)
Shall be located within 200 feet of the outer perimeter of the village commercial area. These location requirements may be adjusted by reason of topography or natural resources to be preserved, at the discretion of the Board of Supervisors;
(2)
Shall border on the principal street running through the village commercial area, or be located so as to constitute the terminal vista of that street;
(3)
Should be surrounded by buildings on all sides, and shall be surrounded by streets on at least three sides;
(4)
Shall be located within 1,500 feet of 80% of all dwelling units in the village. Alternatively, two smaller common greens at least 6,000 square feet in area may be substituted for the central green, in order to meet this proximity standard;
(5)
Shall be of pedestrian scale, between 20,000 and 40,000 square feet in area, and shall be no longer or wider than 300 feet;
(6)
Should ideally be surrounded by two-story development that may include residential, civic and institutional uses in addition to commercial uses;
(7)
Shall be landscaped using elements of formal gardens including walkways, monuments, statues, gazebos, fountains, park benches and pedestrian scale lampposts.
D.
Locations for Civic or Institutional Uses. Lots with front lot lines along at least 20% of the circumference of a central green (either facing the green across a street or directly fronting on to a green) shall be reserved for civic or institutional uses and be so designated on the final plan; however, after two years subsequent to approval of a final plan for a village commercial area, other uses may be permitted in these locations by majority vote of the Board of Supervisors as an amendment to the conditional use approval.
E.
Smaller greens, commons and squares, at least 5,000 square feet and no larger than 30,000 square feet, shall be dispersed throughout the hamlet or village in such a way that no lot is more than 1,250 feet from a green, common or square.
F.
Shade Trees. All greens, commons and squares shall be planted with shade trees along their edges, at intervals not greater than 40 feet.
G.
Visibility. The visibility of greens, commons, and squares shall be maximized by locating conservation open space in terminal vista locations as often as possible, such as the ends of streets at three-way intersections or occupying a corner of a four-way intersection.
H.
Impervious Coverage. Greens, commons and squares shall contain no more than 10% impervious coverage.
5.
Protection, Ownership and Management of Conservation Open Space. 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 22, Subdivision and Land Development.
§ 27-1318 Development Design Standards for Villages.
[Ord. No. 2014-101, 5/1/2014]
1.
Overall Form.
A.
Well-Defined Edge. New village development shall be compact, with a well-defined edge between new developed areas of the village and adjacent rural, undeveloped lands. This shall not apply in the case of infill parcels within an existing village.
B.
Continuation of Streets. New streets shall connect with existing streets when possible and shall continue the settlement pattern of existing villages and boroughs.
2.
Block Design.
A.
Rectilinear Pattern. Villages shall be designed in a generally rectilinear pattern of blocks and interconnecting streets and rear lanes, defined by buildings, landscaping, pedestrian ways, sidewalks and street furniture. To avoid the monotony of a rigid grid layout and to better conform to the natural terrain, streets may include frequent gentle curves.
B.
Block Length. The maximum block length shall be 800 feet, with midblock footpaths connecting to sidewalks or other paths when block length exceeds 500 feet.
C.
Modification. Rectilinear blocks of the dimensions required above may be reshaped at the discretion of the Board of Supervisors when topography, existing vegetation, or hydrology considerations influence block shape and size.
D.
Pedestrian Pathways. In the village commercial area, at least one pedestrian pathway, a minimum of eight feet wide, shall be provided for every 250 feet of street frontage, connecting with rear parking lots.
E.
Rear Alleys. Each block that includes storefronts and/or residential lots less than 40 feet wide shall be designed to include a rear alley serving parking areas or garages in the rear.
F.
Design Speed. Local access streets shall be configured using a design speed of 25 mph.
G.
Traffic Calming. Traffic calming techniques shall include T-intersections, traffic islands, circles, loops or crescents, and roundabouts. Speed bumps, humps and tables shall be avoided. At least 25% of local access streets shall terminate in T-intersections. The distance between T-intersections shall not exceed three blocks or 1,500 linear feet, whichever is less. T-intersections shall meet the offset requirements from other intersections set forth in Chapter 22, Subdivision and Land Development.
3.
Location Considerations for Village Uses.
A.
Residential Uses. Residential uses, excluding upper story dwelling units in the village commercial area, shall not be located within 500 feet of an arterial highway having four or more lanes, nor within 300 feet of a two-lane arterial road, unless effectively screened from public view by topography, dense vegetation or other physical or visual barriers.
B.
Village Commercial Areas.
(1)
Village commercial areas may be located either at the approximate center of the village, or at the edge, near an existing major or minor collector (including all state highways). If the village commercial area is located along a collector road, parking areas shall be screened from view, preferably by locating them behind the commercial buildings, as seen from the collector.
(2)
Village commercial areas shall be located within 1/4 mile (about a five-minute walk) from as much of the residential areas as possible. Nonresidential uses that are intended to serve an area beyond the village shall be located to permit vehicular access from outside the village without passing through village residential streets. Village commercial areas may be located close to state highways.
D.
Commercial Access. At least 80% of dwelling units shall be within 1,500 feet of the village commercial area.
E.
High Traffic Uses. Nonresidential uses generating more than 1,500 trip ends per day shall be located to permit vehicular access from outside the village without passing through residential streets. This part of the village shall be located close to streets having a functional class designation of "collector" or higher.
4.
Design Standards for Village Commercial Area.
A.
Design Considerations along an Existing Major Arterial Street. When the village commercial area is located along an existing major arterial street, the following provisions shall apply:
(1)
The buildings shall be designed with display windows and signage facing the major arterial street.
(2)
Canopy trees shall be planted at intervals not greater than 40 feet along the major arterial street, unless Chapter 22, Subdivision and Land Development, requires a lesser spacing.
(3)
The village commercial area shall not parallel the major arterial street for a distance greater than 600 feet, unless the storefronts are located behind a landscaped buffer area providing visual screening in all seasons of the year, or on the opposite side of a village green extending the full length of the village commercial area as it parallels the major arterial street. If berms are used within the buffer, they shall be no taller than two feet and shall taper gradually into the landscape with slopes not exceeding 1:5.
B.
Landscaping of Commercial Buildings. In addition to the requirements of the, the following regulations shall apply:
(1)
To reduce maintenance, ensure longevity, and reinforce the indigenous plant materials of the area, landscaping around commercial buildings and their parking lots shall emphasize native plant species. Species shall be selected to provide visual interest at different times of the year with low maintenance needs.
(2)
The facades of commercial buildings may be separated from the sidewalk by a landscaped strip no greater in depth than three feet, except as necessary to accommodate outdoor eating establishments, or in courtyard designs.
C.
Street Furniture.
(1)
At least one public trash receptacle of a design and color approved by the Board of Supervisors shall be provided in each block on each side of the street.
(2)
Public benches of a design and color approved by the Board of Supervisors shall be provided at bus stops and at intervals no greater than 100 feet on each block, and in greens, commons, squares and parks at a rate of one bench per 5,000 square feet.
(3)
At least one bicycle rack adjacent to the sidewalk shall be provided on each block, with a paved pad.
D.
Signs. In addition to the requirements in Part 17, signs shall conform to the following regulations:
(1)
Signs shall not be freestanding pole signs and shall be affixed to a building facade, canopy, or arcade.
(2)
The top of signs (except window signs) shall be located no higher than the sills of second-story windows.
(3)
Signs shall be constructed of wood, metal or synthetic material, provided that the typeface and logos have a dimensional rather than flat quality.
(4)
Sign colors shall preferably be dark background colors with light-colored lettering.
(6)
Animated signs that use actual motion or the illusion of motion or change of lighting are prohibited.
(7)
External neon signs are prohibited. Nonflashing neon signs may be displayed inside windows, provided they occupy no more than 15% of the glass area of the window in which they are displayed.
5.
Design Standards for Village Residential Areas.
A.
Architecture. Housing styles, shapes and materials shall be varied within the overall theme of traditional village dwellings as shown in Monroe County's "Historic Legacy: A Survey of Historic Sites and Structures in Monroe County," April 1980, prepared by the Monroe County Planning Commission. Buildings may be either traditional in their architectural character or a contemporary expression of historically traditional styles and forms. Regardless of which architectural style is utilized, it shall be applied consistently to residential, commercial and institutional uses throughout the village, in order to create an architecturally cohesive community.
(2)
Two-family dwellings and single-family attached units/townhouses units shall be designed to emulate traditional buildings of this nature in Monroe County's historic settlements or to resemble large single-family residences as shown in Monroe County's "Historic Legacy: A Survey of Historic Sites and Structures in Monroe County," April 1980, prepared by the Monroe County Planning Commission.
§ 27-1319 Modifications.
[Ord. No. 2014-101, 5/1/2014]
1.
Modifications Permitted. With the exception of dwelling unit density, the Board of Supervisors may, at its sole discretion as part of the conditional use process, permit the modification of the provisions of this Subpart 13B, including, but not limited to, provisions relating to the percentages of dwelling types and the amount of nonresidential development, in order to encourage a well-planned traditional Township center.
2.
Criteria. Any such modification shall be subject to the following criteria:
A.
The design and modifications shall be in harmony with the purposes and the land-use standards contained in this Subpart 13B;
B.
The design and modifications shall generally enhance the development plan, the central core area, the streetscapes, and the neighborhoods, or at least not be any less desirable than the plan that could be created in conformance with this Subpart 13B;
C.
The design and modifications shall not produce lots or street systems that would be impractical or detract from the appearance of the district, and shall not adversely affect emergency vehicle access or deprive adjoining noncommercial properties of adequate light and air;
D.
Intensification of nonresidential uses shall be offset by corresponding special efforts by the applicant to improve the appearance of the development through enhanced architectural and landscaping efforts;
E.
The applicant shall demonstrate that the proposed modifications will produce equal or better results, from the Township's perspective, and represent the minimum modification necessary.
3.
Burden. If the Board of Supervisors determines that the applicant has met his/her burden, it may grant a modification of the requirements of this Subpart 13B.
4.
Conditions. In granting modifications, the Board of Supervisors may impose such conditions as will, in its judgment, secure the objectives and purposes of this Subpart 13B.
§ 27-1320 Optional Transferable Development Rights (TDR).
[Ord. No. 2014-101, 5/1/2014]
1.
Purpose. The primary purpose of establishing the transferable development rights (TDR) program is to permanently preserve open land, sensitive natural areas, and rural community character that would be lost if the land were developed. In addition, this section is intended to enable landowners who desire to preserve their land the opportunity to sell on the free market their right to develop to other areas of the Township deemed appropriate for higher density development based on the availability of community facilities and infrastructure.
2.
Basic Concept and Authorization.
A.
Sending Properties and Receiving Properties. The provisions of this Subpart 13C which permit transferable development rights allow owners of parcels in the Township proposed for conservation, called "sending properties," to sell the right to develop all or a portion of their land to the owners of qualifying parcels in the Township proposed for additional development, called "receiving properties."
B.
Pennsylvania Municipalities Planning Code. The transferable development rights provisions set forth in this section are specifically authorized under Sections 603(c)(2.2) and 619.1 of the Pennsylvania Municipalities Planning Code,[1] under the terms of which development rights are acknowledged to be severable and separately conveyable from a sending property to a receiving property.
[1]
Editor's Note: See 53 P.S. §§ 10603(c)(2.2) and 10619.1, respectively.
C.
Development Rights. When landowners sell their right to develop all or a portion of their land, they shall restrict that portion of land from which development rights are sold against any future development as provided in this Subpart 13C, although the land may still be used for purposes that do not involve development, such as agriculture or forestry. When the owner of a receiving property buys the development rights from the owner of a sending property, they receive the right to build more dwelling units on their land than they would have been allowed had they not purchased development rights.
D.
Voluntary Agreement. The owners of the sending property and receiving property shall voluntarily commit to participate in the transfer of development rights. Once the required conservation easement is established, it shall be binding upon all current and future owners of the sending property. The applicant for the receiving property is responsible to negotiate with, and pay compensation to, the owner of the sending property for the conservation easement. Such transaction shall occur privately, and the value shall be determined by the private market. The Township is under no obligation to pay the owner of the sending property.
E.
Conservation Easement.
(1)
Land Sale and Development. The conservation easement imposed on the sending property shall not prohibit the landowner's sale of the land after the development rights have been severed, although such land cannot thereafter be used for development purposes.
(2)
Easement Holders. The easement shall be held by the Township and a bona fide nonprofit conservation organization [a nonprofit organization created in accord with U.S. Code Title 26, Subtitle A, Chapter 1, Subchapter F, Part I, § 501(c)(3)] which is devoted to the conservation of open space acceptable to the Township.
(3)
Conservation Organization Terms. It shall be responsibility of the sending property owners to meet all of the terms of acceptance of the easement by the conservation organization, including, but not limited to, baseline documentation, monitoring endowment, and legal fees.
F.
Disposition of Development Rights. The owner of the sending property from which the development rights are severed or any subsequent purchaser or purchasers of the development rights may declare the development rights for sale, may hold the development rights, or may resell the development rights. The only use which may be made of the development rights is the ultimate transfer to a developer with a receiving property. The Township shall have no obligation to purchase the development rights which have been severed from a sending property.
G.
Donations or Intermediaries. The development rights from a sending property may be purchased by or may be donated to the Township, the county or a bona fide conservation organization acceptable to the Township. A permanent conservation easement shall be established on the sending property at the time of such purchase or donation.
H.
Permanent Severance. Once severed from a sending property, development rights shall remain a separate estate in land and shall not be joined with the antecedent estate.
I.
Term of Development Rights. The development rights severed from a sending property shall have no term regardless of the number of intermediate owners unless such rights are legally extinguished.
3.
Sending Property Qualifications, Calculations and Requirements. Owners of qualifying tracts may sell their development rights in accord with the following:
A.
Sending Property Qualifications. The sending property shall not be otherwise restricted from development and:
(1)
The sending property shall be located in any R-1, V, RC, I or CV District and shall be a minimum of 10 acres in size.
(2)
At least 80% of the sending property or a minimum of 100 acres shall be restricted from future development by a conservation easement in accord with this § 27-1320.
(3)
The restricted acreage shall be contiguous and shall not be less than 75 feet in the narrowest dimension at any point except for such lands specifically serving as trail links.
(4)
The portion of the parcel which will not be restricted shall be usable under the use, area, dimensional, performance and other standards of this chapter and other Township ordinances.
B.
Declaration of Transferable Development Rights and Certification by Township. Any owner of a qualified sending property may elect to declare the severance of development rights, and may request a written certification from the Township of the number of rights that may be severed, which certification shall not be unreasonably withheld. Such request shall be made to the Zoning Officer on the form provided by the Township.
C.
Calculation of Transferable Development Rights; Conditional Use. The calculation of transferable development rights shall be considered a conditional use based on application made by the sending property owner.
(1)
Determination of Number of Development Rights. The Township shall determine the total number of development rights available from a sending property by dividing the adjusted tract area as calculated for the property in accord with § 27-1306, Subsection 5C, by the density factor (number of acres of adjusted tract area per dwelling unit) in the Calculation of Transferable Development Rights Table.
Calculation of Transferable Development Rights1 | |
|---|---|
Sending Property Location | Density Factor - 30% Density Bonus (per dwelling unit) |
R-1 Residential or I Industrial | 21,000 square feet of adjusted tract area2 |
V Village | 10,500 square feet of adjusted tract area2 |
RC Recreation Commercial | 14,000 square feet of adjusted tract area2 |
CV Conservation District | 152,460 square feet of required minimum lot area3 |
(2)
Subdivision Prior to Transfer. The density factors in § 27-1320, Subsection 3C(1), shall not apply where the transfer of rights is proposed from any parcel to any other parcel created by a common subdivision approved after the effective date of this § 27-1320. Density in such case shall be determined using the density factors in Subpart 13A, applicable to Option 1 conservation design subdivisions.
(3)
Plan Requirement. The applicant shall provide a plan prepared by a professional consultant, as defined by the Pennsylvania Municipalities Planning Code,[2] to document to the satisfaction of the Township the determination of adjusted tract area. At a minimum, the plan shall show the site features enumerated in § 27-1306, Subsection 5.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(4)
Partial Severance. If the severance of development rights would entail less than an entire parcel, the portion of the parcel from which the development rights are severed shall be clearly identified on a survey of the entire parcel made and sealed by a surveyor licensed in Pennsylvania.
(5)
Preserved Land. Land previously restricted against development by covenant, easement or deed restriction shall not be eligible for transferable development rights unless and until such time as said covenant, restriction or easement is dissolved or rescinded with agreement of all beneficiaries of such covenant, restriction or easement.
D.
Severance of Transferable Development Rights.
(1)
Severance. Transferable development rights which have been severed shall be conveyed by a deed of transferable development rights, duly recorded in the office of the Monroe County Recorder of Deeds. The deed of transferable development rights shall specify the tract of land to which the rights shall be permanently attached or that the rights shall be transferred to the Township, retained by the owner of the sending property, or another person in gross.
(2)
Conservation Easement. The deed of transferable development rights which severs the development rights from the sending property shall be accompanied by a conservation easement which shall permanently restrict development of the sending property as provided below and which shall be recorded in the Office of the Recorder of Deeds at the same time as or prior to the deed of transferable development rights.
(3)
Township Approval of Easement. All deeds of transferable development rights and conservation easements shall be endorsed by the Township prior to recording, which endorsement shall not be unreasonably withheld.
(a)
Deeds submitted to the Township for endorsement shall be accompanied by a title search of the sending property and a legal opinion of title affirming that the development rights being transferred by the deed have not been previously severed from or prohibited upon the sending property and that the sending property is not preserved land, as described in § 1320, Subsection 3C(5), above.
(b)
A title report shall be prepared not less than 10 days prior to submission of the deed and the legal opinion of title which has met the reasonable approval of the Township Solicitor.
E.
Partial Sale of Severed Rights. If an agreement of sale of development rights would entail less than the entire number of development rights represented by a recorded deed of transferable development rights, the applicant shall indicate in the deed the disposition of the remaining development rights.
F.
Sending Property Conservation Easement. Any sending property from which development rights have been severed shall be permanently restricted from future development by a conservation easement provided to the Township which meets the following minimum requirements:
(1)
Development Restricted. Except where any development rights are retained, the restrictive covenant shall permanently restrict the land from future development for any purpose other than agricultural uses, public park land, conservation areas and similar uses.
(2)
Township Approval. The conservation easement shall be approved by the Board of Supervisors in consultation with the Township Solicitor.
(3)
Enforcement Rights. The conservation easement shall designate The Township, and a bona fide conservation organization acceptable to the Township, as the beneficiary/grantee, but shall also designate the following parties as having separate and independent enforcement rights with respect to the easement:
(4)
Specification of Rights Sold and Retained. The conservation easement shall specify the number of development rights to be severed as well as any to be retained.
(5)
Lot Area and Setback Prohibition. No portion of the tract area used to calculate the number of development rights to be severed shall be used to satisfy minimum setback setbacks or lot area requirements for any development rights which are to be retained or for any other development.
(6)
Other Provisions. The conservation easement shall include all other necessary provisions to address the specific circumstances of the subject property in terms of meeting the requirements of this section.
(7)
Legal Interest Owners. All owners of all legal and beneficial interest in the tract from which development rights are severed shall execute the conservation easement. All lienholders of the tract from which development rights are severed shall execute a joinder and/or consent to the conservation easement.
(8)
Development Approval. Final approval for any subdivision or land development plan using transferred development rights shall not be granted prior to the recording of the required conservation easement and other applicable documents at the Monroe County Recorder of Deeds.
4.
Receiving Property Qualifications, Calculations and Requirements. Owners of tracts which meet the following requirements may use development rights that are purchased from sending property owners.
A.
Receiving Property Location. Development rights may only be transferred to any property in any R-1 District.
B.
Conservation Design Required. All receiving properties shall be governed by the conservation design development standards in Subpart 13A, and the minimum conservation open space shall be 60% of the adjusted tract acreage calculated in § 27-1306, Subsection 5C, plus constrained land calculated in § 27-1306, Subsection 5B. (See Row I of Table.)
C.
Receiving Property Base Residential Density. The base residential density of the receiving property shall be determined by dividing the adjusted tract area as calculated for the property in accord with Subpart 13A, for Option 1 development.
D.
Receiving Property Increase in Permitted Residential Density. The number of dwelling units on a receiving property may be increased above the receiving property base density only to the extent that all applicable standards, including, but not limited to, the minimum required open space are satisfied.
E.
Modification of Area and Bulk Standards via Conditional Use. For any development where at least 20 transferable development rights are received, applicable area and bulk requirements may be modified up to 50% subject to conditional use approval by the Board of Supervisors. Any conditional use approval to permit such modification(s) shall be subject to the following criteria:
(1)
Consistency. The design and modifications shall be consistent with the purposes and the design standards contained in this Subpart 13C.
(2)
Street System. The design and modifications shall not produce lots or street systems that would be impractical in terms of layout or circulation, or detract from the appearance of the development or surrounding community, and shall not adversely affect emergency vehicle access.
(3)
Quality of Design. The applicant shall demonstrate to the Board of Supervisors that the proposed modification(s) will produce equal or better development design and open space conservation results than could be achieved without the requested modification.
(4)
Burden; Conditions. If the Board of Supervisors determines that the applicant has met the burden of proof, it may grant a conditional use for the modification of the requirements. The Board of Supervisors may impose such conditions as will, in its judgment, secure the objectives and purposes of this Subpart 13C.
5.
Plan Submission Process.
A.
Plans Required. All applicants for use of transferable development rights shall submit subdivision or land development plans in accord with Chapter 22, Subdivision and Land Development, for the development to which the transferable development rights will be added. A conditional use application shall be submitted where applicable. Such plans shall, in addition to meeting all other applicable provisions, include the following:
(1)
Proof of Available Development Rights. A deed of transferrable development rights or an agreement of sale for all development rights proposed to be purchased from the sending property.
(2)
Dwelling Unit Numbers. A note on the plan showing the total number of dwelling units proposed on the receiving property, the total number that could be built not using TDRs, and the incremental difference between the two.
(3)
Plan. The adjusted tract area plan of the sending property required by § 27-1320, Subsection 3C(3), for the site(s) from which the applicant proposes to purchase development rights. If the applicant is purchasing development rights from a portion of a sending property, the plan shall show the areas of severed rights. If the development rights have previously been severed from a sending property, a copy of the recorded deed of transferable development rights shall be submitted.
(4)
Title Search. A title search of the sending property sufficient to determine all owners of the tract and all lienholders. If the development rights have previously been severed from the sending property, a title search of the rights set forth in the deed of transferable development rights sufficient to determine all of the owners of the development rights and all lienholders shall be provided to the Township.
B.
Final Approval; Conservation Easement. In order to receive final plan approval, the applicant shall provide documentation that the required conservation easement has been recorded for all sending property lands whose development rights are being used by the applicant. These restrictive covenants shall meet the requirements stipulated herein. The restrictive covenant on the sending property shall be recorded first, followed by a deed of transfer, in accord with the provisions of the Pennsylvania Municipal Planning Code,[3] which transfers the development rights from the sending property landowner to the receiving property landowner.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Public Acquisition. The Township may purchase development rights and may accept ownership of development rights through transfer by gift. All such development rights may be resold or retired by the Township. Any such purchase or gift shall be accompanied by the conservation easement required by § 27-1320, Subsection 3F.
6.
Amendment and/or Extinguishment.
A.
Amendment. The Township reserves the right to amend this Subpart 13C in the future and expressly reserves the right to change the manner in which the number of development rights shall be calculated for a sending property and the manner in which development rights can be conveyed.
B.
Termination. The Township further expressly reserves the right to terminate its transferable development rights program at any time.
C.
Claims. No owner of the land or owner of development rights shall have any claim against the Township for damages resulting from a change in this Subpart 13C relating to the regulations governing the calculation, transfer and use of development rights or the abolition of the transferable development rights program.
D.
Vested Rights. If the transferable development rights program is abolished by the Township, only those rights which were severed prior to the effective date of the ordinance abolishing the transferable development rights program may be attached to any receiving property. This shall also apply in the case where an application for severance in conformity with the provisions of this § 27-1320 was filed prior to the effective date of such ordinance, and the application thereafter is continuously processed to approval.