Kingston Township Luzerne County
City Zoning Code
City Zoning Code
PART 5
USES PERMITTED IN DISTRICTS
§ 501 C-1 Conservation Districts.
[Ord. 6/11/197BA, Art. V, § 1; as amended by Ord. 86-5, 1/14/1987; and by Ord. 2000-3, 4/12/2000]
It is the intent of this section that the C-1 Zoning District be established and maintained to preserve and/or control development within certain swamp, steep slope, and other extremely sensitive areas of the natural environment. The regulations which apply within this district are designed to reserve such areas and to discourage any encroachment by residential, commercial, industrial or other uses capable of adversely affecting the undeveloped character of the district. Prior to the issuance of a zoning permit to build or place any structure within a Conservation District, approval must be obtained from the Zoning Officer.
1.
Permitted Uses. The following uses shall be permitted in any Conservation District:
A.
Wildlife refuge, including one-family or two-family dwelling units of caretakers employed to maintain and protect the refuge.
B.
Timber and/or forestry area.
C.
Activities related to soil and water conservation, measurement and control.
D.
Water retention pond.
E.
Accessory structures given approval by Zoning Hearing Board, as a special exception.
F.
Agricultural uses.
G.
Communications antennas mounted on an existing public utility transmission tower, communication tower, building or other structure and related communications equipment buildings, subject to the standards set forth at § 348.
2.
Conditional Uses.
A.
Communications towers and required communications equipment buildings subject to the standards for communications towers as conditional uses set forth at § 601.
3.
Lot Requirements. A conservation area shall be established as follows:
A.
Extend 35 feet from stream bed on both sides.
B.
Extend 40 feet on a line perpendicular to the shore line of any lake, pond, or swamp area; and
C.
On all slopes greater than 20%.
Conditions. No use or activity, including those set forth above, shall be permitted in a Conservation District that would disturb, destroy or impair the natural fauna, flora, water regimen or topography. |
§ 502 A-1 Agricultural Districts.
[Ord. 6/11/1975A, Art. V, § 2; as amended by Ord. 86-5, 1/14/1987; by Ord. 2000-3, 4/12/2000, § 502; and by Ord. 2003-4, 5/14/2003, § 1]
1.
Permitted Uses.
A.
Single- and two-family dwellings with their customary uses, on the basis of one dwelling for each 2 1/2 acres or more under the same ownership.
C.
All commercial agricultural pursuits, and structures incidental thereto, including dairy products, livestock, poultry and poultry products, field crops, truck crops, horticultural specialties and forestry.
D.
Churches, charitable, semiprivate or philanthropic institutions or camps and state parks.
E.
Airfield, together with accessory uses.
F.
Communications antennas mounted on an existing public utility transmission tower, communication tower, building or other structure, and related communications equipment buildings, subject to the standards set forth at § 348.
G.
Conservation subdivision (see § 512).
2.
Conditional Uses. The following uses shall be permitted in any Agricultural Zoning District on a conditional basis upon approval by the Board of Supervisors after review by the Planning Commission:
A.
Commercial stables provided that no building or enclosure for animals is located closer than one 100 feet from any property line.
B.
Cemetery, when accessory to and on the same property as a permitted use in the Agricultural District.
C.
Planned Residential Development (PRD). (See § 511.)
D.
Communications towers and required communications equipment buildings subject to the standards for communications towers as conditional uses set forth at § 601.
E.
Oil and gas development and production, oil and gas drilling subsurface facilities, oil and gas surface facilities, natural gas compressor stations and natural gas processing facilities.
[Added by Ord. 2011-2, 4/13/2011]
3.
Prohibited Uses. Any business, commercial, or industrial use, except in connection with the agricultural pursuits otherwise permitted in this section.
4.
Lot and Building Requirements. The principal building, accessory buildings, and other land uses shall be located so as to comply with the following requirements:
Principal Building | ||
Minimum lot | 2 1/2 acres | |
Minimum lot width at building line | 400 feet | |
Minimum front yard | 100 feet | |
Minimum side yard, interior | 50 feet | |
Minimum side yard, street | 40 feet | |
Minimum rear yard | 50 feet | |
Maximum percent of lot coverage | 20% | |
Accessory Buildings Minimum Setback from Lot Line: | ||
Front | 40 feet | |
Rear | 30 feet | |
Side | Same as principal building | |
§ 503 R-1 Single Family Residential Districts.
[Ord. 6/11/1975A, Art. V, § 4; as amended by Ord. 86-5, 1/14/1987; by Ord. 91-4, 6/12/1991, § 1; and by Ord. 2000-3, 4/12/2000]
1.
Permitted Uses.
B.
Noncommercial horticulture or agriculture, but not including the keeping of poultry or farm animals. Household pets that are usually or traditionally kept out of doors shall be limited to five per housing unit.
C.
Single- family detached dwelling.
D.
Communications antennas mounted on an existing public utility transmission tower, communication tower, building or other structure, and related communications equipment buildings, subject to the standards set forth at § 348.
2.
Conditional Uses.
A.
Home occupations as a special exception.
B.
Church, synagogue, temples or other place of worship provided that: (1) such use is housed in a permanent structure; and (2) no structure on the lot is closer than 25 feet to any abutting residential property line.
C.
Public and private school engaged in teaching general curriculum for educational advancement, provided the structures are placed not less than 50 feet from any residential property line.
D.
Public utilities substation or sub installation including water towers, provided that: (1) such use is enclosed by a painted or chain-link fence or wall at least six feet in height above finished grade; (2) there is neither office nor commercial operation nor storage of vehicles or equipment on the premises; and (3) a landscaped strip not less than five feet in width is planted and maintained around the facility.
E.
Cemetery, provided that such use: (1) consists of a site of at least five acres; (2) includes no crematorium or dwelling unit other than for a caretaker; (3) has a front yard setback of at least 70 feet from the center line of the street or 10 feet from the street right-of-way line; whichever is further; and (4) maintains a nonilluminated sign no greater than 30 square feet and 10 feet in height.
F.
Communications towers and required communications equipment buildings subject to the standards for communications towers as conditional uses set forth at § 601.
3.
Lot and Building Requirements. The principal building and accessory buildings shall be located and constructed in accordance with the following requirements:
Minimum lot area | 15,000 square feet | ||
Minimum lot width at building line | 100 feet | ||
Minimum front yard | 35 feet | ||
Minimum rear yard | 25 feet | ||
Minimum side yard, interior | 15 feet | ||
Minimum side yard, street | 20 feet | ||
Maximum building height | 35 feet | ||
Maximum percent of lot coverage | 30% | ||
Accessory Buildings | |||
Minimum setback from lot line: | |||
Rear | 10 feet | ||
Side | Same as principal building | ||
4.
Required Utilities: If a lot is not serviced by central sanitary sewer service an applicant for a building permit must have a minimum of 3/4 of an acre. If neither central sanitary sewer nor central water system is available to the lot at the time of building the applicant must have a minimum of an acre and the permit will be issued with the requirement that upon such time that either service is extended to the property, hook-up will be required within 90 days.
5.
In all districts, all lots which require on lot sewage disposal shall require a sewage permit. The sewage permit shall be issued by the Kingston Township Sewage Enforcement Officer upon receiving satisfactory results during site investigation, percolation tests, and other requirements set forth under the Sewage Facilities Act 537.
§ 504 R-2 Two-Family Residential District.
[Ord. 6/11/1975A, Art. V, § 5; as amended by Ord. 86-5, 1/14/1987; by Ord. 91-4, 6/12/1991; and by Ord. 2000-3, 4/12/2000, § 504]
1.
Permitted Uses.
A.
All permitted uses in single-family residential district.
B.
Duplexes.
C.
Customary accessory buildings incidental to the above permitted use.
D.
Home occupation as a special exception.
E.
Communications antennas mounted on an existing public utility transmission tower, communication tower, building or other structure and related communications equipment buildings, subject to the standards set forth at § 348.
3.
Lot and Building Requirements.
Principal Buildings | |
|---|---|
Living units | Maximum 4 per acre |
Minimum lot area (2 units and greater) | 15,000 square feet |
Minimum lot width at building line | 100 feet minimum |
Front yard | 35 feet |
Minimum rear yard | 25 feet |
Minimum side yard, interior | 25 feet |
Minimum side yard, street | 20 feet |
Maximum building height | 35 feet |
Maximum percent of lot coverage | 30% |
Accessory Buildings | ||
|---|---|---|
Minimum setback from lot line: | ||
Rear | 10 feet | |
Side | Same as principal building | |
§ 505 R-3 Multifamily Residential Districts.
[Ord. 6/11/1975A, Art. V, § 6; as amended by Ord. 86-5, 1/14/1987; and by Ord. 2000-3, 4/12/2000]
1.
Permitted Uses.
A.
All permitted uses in single-family residential districts and two-family residential districts.
B.
Multiple-family dwellings, rooming houses, fraternities, sororities, and dormitories.
C.
Customary accessory buildings incidental to the above permitted uses.
D.
Planned residential developments as a conditional use.
E.
Communications antennas mounted on an existing public utility transmission tower, communication tower, building or other structure, and related communications equipment buildings, subject to the standards set forth at § 348.
2.
Conditional Uses.
A.
Communications towers and required communications equipment buildings subject to the standards for communications towers as conditional uses set forth at § 601.
3.
Lot and Building Requirements, Principal Buildings: Garden Apartments.
Living units | Maximum 12 per acre |
Minimum lot area | 7,200 square feet |
Minimum lot width at building line | 150 feet |
Minimum front yard | 10 feet |
Minimum rear yard | 15 feet |
Minimum side yard, interior | 15 feet |
Minimum side yard, street | 20 feet |
Maximum building height | 35 feet |
Maximum percent of lot coverage | 40% |
4.
Accessory Buildings.
Minimum setback from lot line: | ||
Rear | 10 feet | |
Side | Same as principal building | |
5.
Principal Building: Townhouses
Living units | Maximum 10 per acre |
Minimum lot area | 2,200 square feet per unit |
Minimum lot width at building line | 25 feet |
Minimum front yard | 10 feet |
Minimum rear yard | 14 feet |
Minimum side yard (end units) | 40 feet |
Maximum number of units having same building line | 8 Units |
Maximum building height | 35 feet |
§ 506 R-4 Mobile Home Park Residential Districts.
[Ord. 6/11/1975A, Art. V, § 7; as amended by Ord. 86-5, 1/14/1987; and by Ord. 2000-3, 4/12/2000, § 506]
1.
Permitted Uses.
A.
Mobile home parks, and accessory structures incidental thereto.
B.
Recreational facilities.
C.
Laundry facilities solely for the mobile home park occupants.
D.
Office and mail facilities for the mobile home park.
E.
The sale of new and used mobile home shall be permitted within the boundaries of an approved mobile home park subject to the following conditions:
(1)
Allowable Number. The number of mobile homes for sale shall not exceed 5% of the total number of approved mobile home spaces in the mobile home parks.
(2)
Location. Mobile homes for sale shall be located only on approved mobile home spaces in the mobile home parks, and subject to the same setbacks and yard requirements as occupied mobile homes.
(3)
Maintenance. There shall be no renovating, overhaul, or repair to mobile homes offered for sale within the mobile home park. However, customary maintenance shall be permitted, such as would be allowed for an occupant while living in a mobile home.
(4)
Advertising. There shall be no advertising signs, banners, pennants, or any type of display advertising mobile homes for sale except that one sign, not over 18 inches by 24 inches shall be permitted to be posted on each mobile home offered for sale.
F.
Communications antennas mounted on an existing public utility transmission tower, communication tower, building or other structure, and related communications equipment buildings, subject to the standards set forth at § 348.
2.
Conditional Uses. Communications towers and required communications equipment buildings subject to the standards for communications towers as conditional uses set forth at § 601.
3.
Approval of Mobile Home Parks. No mobile home park may hereafter be developed or expanded until all requirements and regulations set forth in the Kingston Township Subdivision and Land Development Chapter have been met and the site plan thereof has the approval of the Kingston Township Planning Commission.
§ 507 B-1 Neighborhood Commercial District.
[Ord. 6/11/1975A, Art. V, § 9; as amended by Ord. 94-9, 6/8/1994, § 1; and by Ord. 2000-3, 4/12/2000]
1.
Permitted Uses.
Retail stores |
Personal services |
Professional services and offices |
Banks |
Commercial offices |
Soda fountains, taverns, cafes or restaurants (without entertainment) |
Clubs and lodges |
Parking areas |
Mortuaries |
Public and semipublic uses |
Utilities (except storage yards) |
Communications antennas mounted on an existing public utility transmission tower, communication tower, building or other structure, and related communications equipment buildings, subject to the standards set forth at § 348 |
Accessory uses to the above |
2.
Conditional Uses. The following uses shall be permitted in a Neighborhood Commercial District upon approval of the Board of Supervisors:
Multiple dwellings |
Theaters (indoor) |
Entertainment facilities |
Drive-in commercial uses (not including drive-in theaters) |
Accessory uses to the above |
Communications towers and required communications equipment buildings subject to the standards for communications towers as conditional uses set forth at § 601 |
3.
Lot and Building Requirements.
[Amended by Ord. No. 2018-4, 12/12/2018]
Principal and Accessory Structures | |
|---|---|
Minimum lot area | 6,000 square feet |
Minimum lot width at building line | 50 feet |
Minimum front setback | 30 feet |
Minimum rear setback | 25 feet |
Minimum side setback, interior | 10 feet |
Minimum side setback, street | 15 feet |
Maximum building height | 35 feet |
Maximum percent of lot coverage | 30% |
§ 508 B-2 General Commercial Districts.
[Ord. 6/11/1975A, Art. V, § 10; as amended by Ord. 86-5, 1/14/1987; by Ord. 94-9, 6/8/1994, § 1; and by Ord. 2000-3, 4/12/2000]
1.
Permitted Uses.
Service stations |
Restaurants |
Motel and tourist courts |
Tourist homes |
Entertainment facilities |
Retail business |
Personal services |
Offices and banks |
Professional activities |
Garages for service and/or vehicular sales (excluding storing junked vehicles outdoors) |
Drive-in commercial uses (not including theater) |
Mortuaries |
Animal hospitals, clinics or kennels |
Commercial greenhouses and plant nurseries |
Golf driving ranges and miniature golf |
Public and semipublic uses |
Utilities |
Lumberyards |
Used car sales and trailer and mobile home lots |
Tire retreading and recapping |
Business services |
Food processing |
Research and testing facilities |
Billiard or pool rooms |
Commercial recreation |
Hotels |
Printing, lithographing or publishing plants |
Taverns |
Communications antennas mounted on an existing public utility transmission tower, communication tower, building or other structure, and related communications equipment buildings, subject to the standards set forth at § 348 |
Accessory uses to the above |
2.
Conditional Uses. The following uses shall be permitted in a General Commercial District upon approval of the Board of Supervisors:
Amusement parks |
Feed and grain, sales and storage |
Wholesale business |
Equipment sales and repair |
Truck terminals |
Stone or monument works |
Bulk fuel storage |
Cleaning, laundry and drying plants |
Drive-in theaters |
Cemeteries |
Apartments |
Machine shops |
Communications towers and required communications equipment buildings subject to the standards for communications towers as conditional uses set forth at § 601 |
Accessory uses to the above |
3.
Lot and Building Requirements.
Minimum lot area | 6,000 square feet |
Minimum lot width at building line | 50 feet |
Minimum front setback | 30 feet |
Minimum rear setback | 30 feet |
Minimum side setback, street | 15 feet |
Minimum side setback, interior | 10 feet |
Maximum building height | 35 feet |
Maximum percent of lot coverage | 30% |
§ 509 Industrial Districts.
[Ord. 6/11/1975A, Art. V, § 11; as amended by Ord. 86-5, 1/14/1987; by Ord. 2000-3, 4/12/2000; and by Ord. 2006-3, 9/13/2006, §§ 2, 3]
1.
Submission of Plats. The owner of a tract of land zoned for industrial uses shall submit to the Planning Commission for its review a plan for the use and development of such tract of land. It shall then be the duty of the Planning Commission to investigate and ascertain whether the proposed activity complies with all of the provisions of this Part which pertain to I-1 Districts. The Commission may employ experts in specific fields as needed, and as funds are available, to determine whether a proposed use meets the required performance standards.
2.
Referral and Authorization. A report of its findings shall be furnished by the Commission to the Zoning Hearing Board. The Commission may suggest disapproval, recommend the plan as submitted, or may modify, alter, adjust or amend the plan before recommendation, and in recommending it, may propose the prescribing of other conditions. The report of the Planning Commission to the Zoning Hearing Board shall be in writing, and shall include a finding as to whether the proposed use is consistent with the applicable provisions and requirements of the Zoning Chapter. If the Board finds that the proposed use is consistent with the purpose of the Zoning Chapter to promote the public health, safety, and general welfare, it may direct the proper official to authorize a permit.
3.
Performance Standards. All industrial uses must conform to the following performance standards:
A.
Smoke: The emission of grey smoke at a density greater than No. 1 on the Ringlemann chart published by the U.S. Bureau of Mines (Power's micro-Ringlemann Chart, McGraw-Hill Publishing Co., 1954, may be used) shall not be permitted except grey smoke of a shade not darker than No. 2 may be emitted for not more than four minutes. These provisions, applicable to grey smoke, shall also apply to visible smoke of a different color but with equivalent apparent opacity.
B.
Odor: No emission of unpleasant gases or other odorous matter shall be permitted in such quantities as to be offensive outside the lot lines of the tract. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail. There is hereby established as a guide in determining such quantities of offensive odors Table 3 (Odor Thresholds) in Chapter 5, "Air Pollution Abatement Manual", copyright 1951, by Manufacturing Chemists Association, Inc., Washington, D.C. Where said publication gives a range of figures a simple average of these shall be used.
C.
Toxic Gases: The emission of gases or fumes injurious to persons or property beyond the lot lines occupied by the use is prohibited. (Table 1, Industrial Hygiene Standards), Maximum Allowable Concentration, Chapter 5, of the Air Pollution Abatement Manual furnishes a list of toxic pollutants.
D.
Glare and Heat: Glare and heat from are welding, acetylene torch cutting or similar processes shall be performed so as not to produce glare which is visible, or objectionable heat, beyond the property line of the lot on which the operation is located. Direct glare from incandescent exposed lights shall not be visible from adjoining streets or properties.
E.
Sewage: No discharge is permitted at any point in any private sewage disposal system or stream or into the ground, of any materials in such a way or of such nature or temperature as could contaminate any water supply, or otherwise cause the emission of dangerous objectionable elements, except in accordance with the standards as approved by water pollution control boards of appropriate agencies of the State Department of Environmental Resources. Furthermore, no accumulation of solid wastes conducive to the breeding of rodents or insects shall be permitted.
F.
Vibration: Any use creating intense earthshaking vibration shall be set back as far as possible from the lot lines on all sides, and, in no case shall any such vibration be perceptible along any lot line.
4.
Permitted Use. Communications antennas mounted on an existing public utility transmission tower, communication tower, building or other structure, and related communications equipment buildings, subject to the standards set forth at § 348.
5.
Conditional Use.
A.
Communications towers and required communications equipment buildings subject to the standards for communications towers as conditional uses set forth at § 601.
B.
Adult use(s).
(1)
In addition to all other regulations contained herein, an adult use shall be subject to the following supplemental standards: Any adult use, as so defined herein, shall be located upon a lot not less than two acres. Said adult use shall not be located less than 250 feet from any of the following uses:
(a)
A residential dwelling.
(b)
A place of worship or other actual place of regularly stated religious worship established prior to the proposed adult use.
(c)
A public or quasi-public use of structure.
(d)
A school.
(e)
A public playground or a public park.
(f)
A child-care facility.
(g)
A zoning boundary of any zoning district in which residences are permitted as a principal permitted use.
Measurements of the required distance shall be made in a straight line, from the nearest portion of the structure or premises of an adult use, to the nearest property line of the above-noted uses. Excluding approved access driveways, the structure and/or premises of an adult use, including all off-street parking areas shall be completely enclosed by a buffer area, as so defined herein. The owner of the property shall be responsible to maintain the buffer area, including the replacement of any trees which are damaged, die, removed by whatever means or otherwise fail to grow. |
(2)
Off-Street Parking. Paved off-street parking shall be required for any adult use, based upon the following standards:
(a)
Adult bookstore: one space for every 50 square feet of gross floor area, plus two additional spaces for every three employees based upon the maximum working shift.
(b)
Adult entertainment: one space for every 50 square feet of gross floor area, plus:
One additional space for every two seats and/or, one space for each 50 square feet of floor area when there is no fixed seating. | |
Two additional spaces for every three employees based upon the maximum working shift. |
(c)
Massage parlor: one space for every 50 square feet of gross floor area, plus two additional spaces for every three employees based upon the maximum working shift.
(3)
General Standards. The general standards contained herein shall be utilized in the review of applications and plans for any adult use.
(a)
The proposed use shall not jeopardize nor adversely affect health, safety and welfare of the public and/or the environment.
(b)
Public services and facilities such as streets, sewage disposal, water, police and fire protection shall be adequate for the proposed use.
(c)
Existing and future streets and access to the site shall be adequate for emergency services, for avoiding undue congestion, and for providing for the safety and convenience of pedestrian and vehicular traffic. The proposed use shall not result in unsafe or dangerous traffic conditions.
(d)
The proposed use shall be compatible with the adjoining development and the character of the zoning district where it is proposed to be located. The nature and intensity of the operation of the proposed use shall be considered regarding its compatibility or lack thereof with the adjoining development and the character of the zoning district.
(e)
The proposed use shall not substantially impair the value of the other property in the neighborhood where it is proposed to be located.
(f)
The proposed use shall not be more objectionable in its operation in terms of noise, fumes, odors, vibration or lightning than would be the operations of any permitted use in the district.
(g)
The proposed use shall not result in any adverse or negative impacts based upon the information required with submission of an environmental impact statement required hereunder.
(h)
The submission of any reports and/or studies within the context of the definition of "impact analysis" as provided herein, must conclusively demonstrate that the proposed use will not have a negative impact upon the interest of protecting the health, safety and welfare of the public and environmental features and characteristics of the site and/or surrounding areas.
(4)
Procedures for Applications and Criteria for Application for Conditional Uses Regarding Adult Uses in an Industrial District. The application for a conditional use permit for adult use and the criteria thereof shall be in strict accordance with the following provisions:
(a)
An application for such conditional use permit shall be submitted to the Zoning Officer with a site plan at a scale of not greater than: one inch equals 50 feet for properties in excess of two acres; or one inch equals 20 feet for properties being two acres or less.
(b)
Such plan shall, minimum, indicate:
[1]
The location and size of all building and structures, both principal and accessory, both existing and proposed.
[2]
The location of all off-street parking areas and/or loading and unloading areas.
[3]
The location of all open space areas, including buffer areas and fencing, as applicable.
[4]
Traffic access to the site and internal traffic circulation including the width and pavement of traffic lanes and aisle widths.
[5]
All streets, both public and private within 200 feet of the site, including right-of-way and cartway widths.
[6]
Streams, ponds, watercourses, wetlands or any types of bodies of water, including natural or man-made drainage swales, located on the site or within 200 feet of the site.
[7]
The location, nature and terms of any existing or proposed easements on the site, and any easements both on site and off-site which are used or intended to be used for access to the site, including the name and address of the owner or owners granting such easement.
[8]
The location of any residential structures which border the site on an adjoining lot and/or those within 200 feet of any property boundary line of the subject site.
[9]
The map, block and lot number of the subject parcel, as contained in the records of the office of the Luzerne County Recorder of Deeds.
[10]
A location map at a scale of not greater than one inch equals 2,000 feet, indicating the relation of the size to its geographic proximity within the Township.
[11]
In cases when a proposed use includes new construction and/or grading of the site, contours of the site for each five feet of change in elevation, based upon a field survey of the site, with the name of the person or firm who conducted the survey and the date of the survey shall be required. As applicable, the applicant shall be required to submit a soil erosion and sedimentation control plan for review and approval by the Luzerne County Conservation District.
[12]
The applicant shall submit with the site plan a narrative that outlines and fully describes all proposed uses or development of the site, along with all pertinent operational aspects, features and/or activities related to the proposed uses or development of the site.
[13]
The applicant shall supply any other information required by the Kingston Township Board of Supervisors for determining the conformity of the conditional use with the regulations for that particular use.
(5)
Conditional Use Permit Application Fee. The conditional use permit application fee shall be established by ordinance contained in the Code of Ordinances. Further, the applicant shall be responsible to reimburse the Township for all reasonable and necessary consulting fees which are incurred by the Township to review plans, reports, data, studies and any other information related to an application for a conditional use permit.
6.
Uses Prohibited.
§ 510 M-1 Mining District.
[Ord. 6/11/1975A, Art. V, § 12; as amended by Ord. 86-5, 1/14/1987; and by Ord. 2000-3, 4/12/2000]
1.
Submission of Plans. The owner of all land upon which mining is desired shall submit to the Planning Commission a site plan for its review the development of such tract of land. It shall then be the duty of the Planning Commission to investigate and ascertain whether the proposed activity complies with all of the provisions of this chapter relative to environmental protection (especially in Part 3, General Provisions). The Planning Commission shall then present its recommendations to the Board of Supervisors.
2.
Permitted Uses.
Strip mining coal areas | |
Areas of deep coal mining | |
Mining of rock | |
Mining of sand and gravel | |
Processing of materials mined | |
Storage of materials mined | |
Tipples | |
Railroad yards | |
Contractors yards | |
Communications antennas mounted on an existing public utility transmission tower, communication tower, building or other structure, and related communications equipment buildings, subject to the standards set forth at § 348 | |
Oil and gas development and production, oil and gas drilling subsurface facilities, oil and gas surface facilities, natural gas compressor stations and natural gas processing facilities [Added by Ord. 2011-2, 4/13/2011] | |
Accessory uses to the above |
3.
Conditional Uses. The following uses shall be permitted in a Mining District upon approval of the Board of Supervisors:
Solid waste disposal area | |
Junkyards | |
Bulk fuel storage | |
Communications towers and required communications equipment buildings subject to the standards for communications towers as conditional uses set forth at § 601 | |
Accessory uses to the above |
§ 511 Planned Residential Development.
[Ord. 6/11/1975A, Art. V, § 14; as amended by Ord. 86-5, 1/14/1987]
In order that the public health, safety and welfare be furthered in an era of increasing urbanization and growing demand for housing of all types and design; to ensure that the enacted Zoning Ordinance provisions of Kingston Township shall not be applied to the improvement of land by other than lot-by-lot development in a manner that would distort the objectives of this chapter; to encourage innovations in residential development and redevelopment so that the growing demand for housing may be met by greater variety in type, design and layout of dwellings and by the conservation and more efficient use of open space ancillary to said dwellings; so that greater opportunities for better housing and recreation may extend to all citizens and residents of Kingston Township; and in order to encourage a more efficient use of land and of public services and to reflect changes in the technology of land development so that economies secured may add to the benefit of those who need homes; and, in the aid of these purposes to provide a procedure which can relate the type, design and layout of residential development to the particular site and the particular demand for housing existing at the time of development in a manner consistent with the preservation of the property values within existing residential areas, and to ensure that the increased flexibility of regulations over land development authorized herein is carried out under such administrative standards and procedures as shall encourage the disposition of proposals for land development without undue delay.
1.
Applicability of the Planned Residential Development.
A.
The provisions of § 513 of this code shall apply only to a tract of land which has a minimum of 15 acres.
B.
The Kingston Township Planning Commission in their review of the proposed development plan shall consider:
(1)
The proper relation between the proposed development and surrounding uses, and the effect of the plan upon comprehensive planning for Kingston Township.
(2)
The adequacy of existing and proposed street, utilities, and other public services to serve the development.
(3)
The character, design, and appropriateness of the proposed land uses and their adequacy to encourage desirable living conditions, to provide separation and screening between uses where desirable to preserve the natural amenities of streams, wooded areas and similar natural features.
(4)
The adequacy of open and play areas and that recreation facilities are provided for the needs of the development.
C.
Approval and recommendation of the Planning Commission shall be accompanied by a report stating the reasons for approval of the application and specific evidence and facts showing that the proposed planned residential development will not adversely affect the property adjacent to the area included in the plan.
D.
Final approval of a planned residential development shall not be granted until the owner or owners of the property give written notice of their consent to the proposed development.
2.
Review and Administrative Procedures.
A.
Preapplication Conference. Before submitting an application for a planned residential development an applicant, at his option, may confer with the Planning Commission to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys, and other data.
B.
Development Plan. The following information shall appear on the preliminary development plan:
Detailed plan and general location map, showing the projected area prepared at a scale not less than one inch equals 100 feet and shall show such designations as proposed streets (public and private), all buildings and their use, common open space, recreation facilities, parking areas, service areas, and other facilities to indicate the character of the proposed development. The submission may be composed of one or more sheets and drawings and shall include: |
(1)
Boundary lines: bearings and distance.
(2)
Easement: location, width and purpose.
(3)
Streets on, and adjacent to, the tract street name, right-of-way width, existing or proposed center line elevations, pavement, walks, curbs, gutters, and culverts (and their respective types).
(4)
Utilities on, and adjacent to, the tract location, size and invert elevation of sanitary and storm sewers; location and size of water mains; location of gas lines, fire hydrants, manholes, electrical and telephone lines and streetlights; direction and distance to, and size of, nearest water mains and sewers adjacent to the tract showing invert elevation of sewers.
(5)
Ground elevations on the tract: for land that slopes less than 2%, show one foot contours; show spot elevations at all breaks in grades, along all drainage channels or swales, and at selected points not more than 100 feet apart in all directions; land that slopes more than 2% shall be shown at five foot contours.
(6)
Subsurface conditions on the tract, if required by the Township Engineer: location and results of tests made to ascertain subsurface soil, rock, and groundwater conditions; depth to groundwater, unless test pits are dry at a depth of five feet.
(7)
Zoning on, adjacent to, the tract.
(8)
Internal uses of each building or structure, as well as the specific overall land use of the premises.
(9)
Title and certificates: present tract designation according to official records of the Recorder of Deeds; title under which the proposed development is to be recorded, with names and addresses of owners, and notation stating acreage.
(10)
Names: the names and addresses of the persons to whom notices of hearings hereunder may be sent including the subdivider or developer, the designer of the subdivision or development, and the owners of the land immediately adjoining the land to be platted.
(11)
Open space: all parcels of land intended to be dedicated for public use or reserved for the use of all property owners with the purpose indicated and their sizes.
(12)
General location, purpose, and height of each building, other than single-family residences on individually platted lots.
(13)
Map data: name of development north point, scale and date of preparation.
(14)
Character: explanation of the character of the planned residential development and the reasons why it has been planned to take advantage of the flexibility of these regulations.
(15)
Ownership: statement of present and proposed ownership of all land within the project.
(16)
Schedule: development schedule indicating:
(a)
Stages in which project will be built with emphasis on area, density, use, and public facilities such as open space to be developed with each stage. Overall design of each stage shall be shown on the plan and through supporting graphic material.
(b)
Approximate dates for beginning and completion of each stage.
(17)
Covenants: proposed agreements, provisions, or covenants which will govern the use, maintenance, and continued protection of the planned residential development and any of its usable open space.
(18)
Density: provide information on the density of residential uses, including dwelling units per acre, the number of dwelling units by type, and the number of buildings by type.
(19)
Nonresidential use: provide information on the type and amount of ancillary and nonresidential uses in a residential planned unit development, including the amount and location of usable open space.
(20)
Service facilities: provide information on all service facilities and off-street parking facilities.
C.
Architectural plans: preliminary architectural plans for all primary buildings shall be submitted in sufficient detail to permit an understanding of the style of the development, the design of the building, and the number, size, and type of dwelling units.
3.
Public Hearings.
A.
Within 60 days after the filing of an application for tentative approval of a planned residential development pursuant to this chapter, a public hearing pursuant to public notice on said application shall be held by the Board of Supervisors.
B.
Public notice shall be given and written notice shall be given to the applicant, the zoning officer and to any person who has made timely request for the same. Written notices shall be given at such time and in such manner as shall be prescribed by rules of the Planning Commission. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.
C.
The parties to the hearing shall be the Township, any person affected by the application who has made timely appearance of record before the Board of Supervisors, and any other person including civic or community organizations permitted to appear by the Board of Supervisors. The Board of Supervisors shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board of Commissioners for that purpose.
D.
The chairman, or acting chairman in the absence of the chairman, of the Board of Supervisors shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.
E.
The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.
F.
Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
G.
The Board of Supervisors shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board of Supervisors. The cost of the original transcript shall be paid by the Board of Supervisors if the transcript is ordered by the Board of Supervisors or shall be paid by the person appealing from the decision of the Board of Supervisors if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases the party requesting the original transcript shall bear the cost thereof.
H.
The Board of Supervisors shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice for all parties to participate, shall not take notice of any communication, reports, staff memoranda, or other materials, except advice from their solicitor, unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.
I.
The Board of Supervisors may continue the hearing from time to time, and may refer the matter back to the Planning Commission for a report, provided, however, that in any event, the public hearing or hearings shall be concluded within 60 days after the date of the first public hearing.
4.
Status of Plan After Tentative Approval.
A.
The official written communication shall be certified by the Township Secretary 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.
B.
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, to which has been given tentative approval with conditions which have been accepted by the landowner (and provided that the landowner has not defaulted nor violated any of the conditions of the tentative approval), shall not be modified or revoked nor otherwise impaired by the 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.
C.
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 the Board of Supervisors 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 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 those 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.
5.
Final Detailed Plan Content. A final plan, suitable for recording with the Recorder of Deeds shall be prepared. The purpose of the planned residential development plan is to designate with particularity the land subdivided into conventional lots as well as the division of other lands, not so treated, into common open areas and building areas, and to designate and limit the specific internal uses of each building or structure, as well as of the land in general. The final plan of the planned residential development shall include, but not be limited to:
A.
An accurate legal description of the entire area under immediate development within the planned residential development.
B.
An accurate legal description of each separate unsubdivided use area, including usable open space.
C.
Designation of the exact location of all buildings to be constructed, and a designation of the specific internal uses to which each building shall be put.
D.
Tabulations on each separate unsubdivided use area, number of dwelling units per acre.
E.
Public Facilities. All public facilities and improvements made necessary as a result of the planned residential development shall, at the election of the Township, be guaranteed by escrow deposits, irrevocable letters of credit in a form approved by the Township, or performance bonds in accordance with the Pennsylvania Municipalities Planning Code.
F.
Covenants. Final agreements, provisions, or covenants shall govern the use, maintenance and continued protection of the planned residential development.
G.
A landscape plan showing the location, type and size at installation of all proposed landscape materials, existing landscaping and trees to be retained on the site, as well as an identification of the existing trees to be removed that are two inches in diameter or greater, all proposed fences, walls, berms and any pertinent architectural elements associated with the landscape plan.
6.
Application for Final Approval.
A.
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 made to the Planning Commission and within the time or times specified herein. The application shall include any drawings, specifications, covenants, easements, performance bond and such other requirements as may be specified hereby, as well as any conditions set forth in the official written communication at the time of tentative approval. A public hearing on an application for final approval of the development plan, or part thereof, shall not be required provided the development plan, or the part thereof, submitted for final approval, is in compliance with the development plan theretofore given tentative approval and with any specified conditions attached thereto.
B.
In the event the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, and as required by this chapter, and the official written communication of tentative approval, the Township shall, within 30 days of such filing, grant such development plan final approval.
C.
In the event the development plan as submitted contains variations from the development plan given tentative approval, the Board of Supervisors may refuse to grant final approval and shall, within 30 days from the filing of the application for final approval, so advise the landowner in writing of said refusal, setting forth in said notice the reasons why one or more of said variations are not in the public interest. In the event of such refusal, the landowner may either:
(1)
Refile his application for final approval without the variations objected, or
(2)
File a written request with the Board of Supervisors that it hold a public hearing on his application for final approval. If the landowner wishes to take either such alternate action he may do so at any time within which he shall be entitled to apply for final approval, or within 30 additional days if the time for applying for final approval shall have already passed at the time when the landowner was advised that the development plan was not in substantial compliance. In the event the landowner shall fail to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan. Any such public hearing shall be held pursuant to public notice within 30 days after request for the hearing is made by the landowner, and the hearing shall be conducted in the manner prescribed by law for public hearings on applications for tentative approval. Within 30 days after the conclusion of the hearing, the Board of Supervisors shall by official written communication either grant final approval to the development plan or deny final approval. The grant or denial of final approval of the development plan shall, in cases arising under this section, be in the form and contain the findings required for an application for tentative approval set forth in this chapter.
D.
A development plan, or any part thereof, which has been given final approval shall be so certified without delay by the Board of Supervisors and shall be filed of record forthwith in the office of the recorder of deeds before any development shall take place in accordance therewith. Upon the filing of record of the development plan the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion within a reasonable time of said planned residential development or of that part thereof, as the case may be, that has been finally approved, no modification of the provisions of said development plan, or part thereof, as finally approved, shall be made except with the consent of the landowner.
E.
In the event that a development plan, or a section thereof, is given final approval and thereafter the landowner shall abandon such plan or the section thereof that has been finally approved, and shall so notify the Board of Supervisors in writing; or, in the event the landowner shall fail to commence and carry out the planned residential development within such reasonable period of time as is fixed hereby after final approval has been granted, no development or further development shall take place on the property included in the development plan until after the said property is resubdivided and is reclassified by enactment of an amendment to the Borough Zoning Ordinance in the manner prescribed for such amendments in the Pennsylvania Municipalities Planning Code.
7.
Mylar of Approved Final Plan. Within a maximum of three weeks following the date of final approval by the Planning Commission of the final development plan, the applicant shall submit an eighteen-inch by twenty-four-inch reproducible mylar of the approved final development plan to the Planning Commission who, at the expense of the developer, shall record said final plan in the office of the Recorder of Deeds. The mylar shall contain the following information:
A.
Graphic representation of the exact location of all buildings and accessory structures.
B.
Land use characteristics in table form containing the following information:
(1)
Gross project area in terms of acres.
(2)
Net project area in terms of acres.
(3)
Approved density for the project in terms of lot area/D.U.
(4)
Approved usable open space for the project in terms of square feet of open space/D.U.
(5)
Total number of parking spaces.
(6)
Total number of dwelling units in the project.
(7)
Number and type of residential units in the project.
C.
Types and square footage of floor spaces of all nonresidential uses provided:
(1)
Graphic representation of all public easements and legal descriptions thereof, who the easement is conveyed to, the purpose of such easement, and any conditions relating to the use of the easement.
D.
Legal description of the gross project area.
E.
All public and private streets, roads and alleys included in the project shall be shown by their bearings, widths and names. All streets, roads or alleys, not dedicated to public use, shall be marked "private" and named. All curves, portions of streets, roads or alleys shall be defined by curve data including points of curvature, points of tangency, points of compound curvature, radii of curves, central angles and length and bearing of its long chord.
F.
In the event streets in the planned residential development are to be dedicated, a statement shall appear on the mylar that the streets shown on it are dedicated to the use of the public.
G.
The Planning Commission shall issue a certificate certifying the final approval of the planned residential development, and the Chairman of the Board of Supervisors and Chairman of the Planning Commission shall place their signature on such certificate which shall appear on the mylar. In the event said mylar is not submitted three weeks following the date of final approval, the Building Official shall not issue any building permits for the development or phase of a particular development until said mylar is received.
H.
In the event the planned unit development is to be submitted for final approval in stages, the applicant shall submit reproducible Mylars for each stage of the development containing the information required above.
8.
Control of the Planned Residential Development after Final Approval.
A.
After the certificate of approval has been stamped on the reproducible mylar and other prints of plans and signed by appropriate Township officials, the use of land and the construction, modification or alteration of any buildings or structures within the planned residential development will be governed by the approved and recorded final development plan rather than by other provisions of this Zoning Chapter except the minor land use and engineering changes permitted by this section.
B.
After the certificate of final approval has been issued and the final plan recorded, no changes may be made in the approved final development plan except upon application to the appropriate agency under the procedures provided below:
(1)
Major Land Use Changes. Changes which alter the concept or intent of the planned residential development including changes in the approved public street or private drive construction standards, increases in density, decreases in proposed open space, changes in sizes of public and/or private sewer or water lines, other than service connections, resulting in less capacity, changes in the location of and types of nonresidential uses approved by the Planning Commission, change in the alignment of any street, drive, parking area or water or sewer line in excess of 25 feet, change in the location of any public easement, change in the proportion of housing types by not more than 15% of the approved dwelling unit count, a violation of any specific condition set forth by the Planning Commission and any changes in the final governing agreements, provisions or covenants. All such changes may be approved only by submission of a new preliminary plan and supporting data, following the preliminary approval steps and subsequent amendment of the final planned residential development plan.
(2)
Minor Land Use Changes. The following minor changes to the approved final plan may be authorized by the Planning Commission upon written request by the developer and upon submission of detailed plans demonstrating the requested change:
(a)
Decrease in density.
(b)
Increases in open space.
(c)
Changes in the proportion of housing unit types by less than 15% of the approved dwelling unit count.
(d)
Increases in acreage of the planned residential development providing that the acreage under consideration is 10% or less of the gross site area, in which the increase can only be used for open space, accessory buildings or parking.
(e)
A density increase of not more than 10% of the approved dwelling unit total, providing that the overall lot area requirement per dwelling unit of the district is not exceeded.
(3)
Minor Engineering Changes. The following minor engineering changes to the approved engineering plans may be authorized by the Township Engineer as required only upon written request by the developer and submission of detailed engineering plans demonstrating the requested change:
(a)
Changes in road alignment and parking lot location by 25 feet or less.
(b)
Changes in the alignment of storm and sanitary sewers and water lines by 25 feet or less.
(c)
Increases in the approved capacity of storm and sanitary sewers and water lines.
In the event a situation occurs where it is not clear whether a modification constitutes a major or minor change, the responsibility to make such determination shall be jointly vested with the Chairman of the Kingston Township Planning Commission, and the Township Engineer. |
(4)
A development plan, or any part thereof, which has been given final approval shall be so certified without delay by the Planning Commission and shall be filed of record forthwith in the office of the recorder of deeds before any development shall take place in accordance therewith. Upon filing record of the development plan the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion within a reasonable time of said planned residential development or of that part thereof, as the case may be, that has been finally approved, no modification of the provisions of said development plan, or part thereof, as finally approved, shall be made except with the consent of the landowner.
(5)
In the event that a development plan, or a section thereof, is given final approval and thereafter the landowner shall abandon such plan or the section thereof that has been finally approved, and shall so notify the governing body in writing; or in the event the landowner shall fail to commence and carry out the planned residential development within such reasonable period of time as may be fixed by the Board of Supervisors after final approval has been granted, no development or further development shall take place on the property included in the development plan until after the said property is resubdivided and is reclassified by enactment of an amendment to the municipal zoning chapter.
§ 512 Conservation Subdivision.
[Ord. 6/11/1975A; as added by Ord. 2003-4, 5/14/2003, § 2]
1.
Purposes. To provide for protection of natural and historic features and resources; to conserve open lands by setting them aside from development; to minimize disturbance of natural or cultural features (such as mature woodlands, streams, hedgerows and tree lines, critical wildlife habitats, historic buildings and fieldstone walls); to preserve scenic views and elements of the Township's rural character; to create neighborhoods with direct visual access to open land, with amenities in the form of neighborhood open space and with a strong neighborhood identity; to provide for active and passive recreational use by residents; and to provide greater design flexibility and efficiency in the siting of services and infrastructures, including the opportunity to reduce length of roads, utility runs and the amount of paving required for residential development.
2. BUILDABLE LAND or ADJUSTED TRACT ACREAGE
Definitions.
The net area of a tract remaining after wetlands, steep slopes of over 25%, soils subject to slumping and all existing or proposed road and aboveground utility rights-of-way or easements have been subtracted. In any tract zoned A-1, the dwelling yield is computed by dividing buildable land by 2.5. The dwelling yield represents the number of dwellings that could be placed on the tract with a 2 1/2 acre minimum lot size.
[Amended by Ord. No. 2018-4, 12/12/2018]
3.
Conservation Easement. If a duly recorded, permanent conservation easement is obtained for at least 50% of the buildable land in a tract to be developed as a conservation subdivision, then a number of dwellings equal to the dwelling yield plus 50% (and rounded if necessary to the next higher number) is permitted in the tract. The open spaces retained under the conservation easement are known as greenway lands and are to be left for the common enjoyment of all residents of the development. Greenway lands may be commonly owned by the residents through a homeowners' association, or they may be owned by a land trust, an individual landowner, the Township or a combination of the above; they are typically managed by either a land trust or a homeowners' association. Each parcel of the greenway land must be at least three acres. The length-to-width ratio of each parcel cannot exceed 4:1. The layout of the greenway lands must be approved by the Planning Commission; this approval should not be denied without reason.
4.
Sensitive Area Disturbance. The proposed design shall strictly minimize disturbance of environmentally sensitive areas, such as wetlands, lands within the one-hundred-year floodplain, lands having slopes in excess of 25% or rock outcroppings. Demonstration by the applicant that these features will be protected by the proposed development shall be prerequisite to approval of the plan.
5.
Uses Permitted on Greenway Lands. The following uses are permitted in greenway land areas.
A.
Conservation of open land in its natural state (for example, woodland, fallow field or managed meadow).
B.
Neighborhood open spaces uses such as village greens, commons, picnic areas, community gardens, trails and similar low-impact passive recreational uses. The clearing of woodland habitat shall generally be prohibited, except as necessary to create trails or recreation facilities or placing houses. Specifically excluded are motorized off-road vehicles, rifle ranges and other uses similar in character and potential impact as determined by the Board of Supervisors.
C.
Active noncommercial relations areas, such as playing fields, playgrounds, courts and bikeways, provided such areas do not consume more than half of the minimum required greenway land or five acres, whichever is less. Playing fields, playgrounds and courts shall not be located within 100 feet of abutting properties.
D.
Water supply and sewage disposal systems and stormwater detention areas designed, landscaped and available for use as an integral part of the greenway lands.
E.
Easements for drainage, access, sewer or water lines or other public purposes.
F.
Underground utility rights-of-way. Aboveground utility and street rights-of-way may traverse conservation areas but shall not count toward the minimum required greenway land.
6.
Lot and Building Requirements. In a conservation subdivision, the principal building, accessory buildings and other land uses shall be located so as to comply with the following requirements:
Principal Building | Present | Proposed | |
|---|---|---|---|
Minimum lot | 2 1/2 acres | 3/4 acres | |
Minimum lot width at building line | 400 feet | 125 feet | |
Minimum front yard | 100 feet | 50 feet | |
Minimum side yard, interior | 50 feet | 25 feet | |
Minimum side yard, street | 40 feet | 20 feet | |
Minimum rear yard | 50 feet | 25 feet | |
Minimum percent of lot coverage | 20% | 30% | |
Accessory Buildings Minimum Setback from Lot Line | |||
Front | 40 feet | 20 feet | |
Rear | 30 feet | 15 feet | |
Side | Same as principal building | ||
The majority of house lots should abut the greenway lands in order to provide direct views and access. Furthermore, to permit safe and convenient pedestrian (as well as maintenance) access to the greenway lands from each lot not abutting greenway lands, each neighborhood shall provide one centrally located access point per 15 lots a minimum of 20 feet in width. |
7.
Buffer for Adjacent Public Parkland. Where the proposed development adjoins public parkland, a natural greenway buffer at least 150 feet deep shall be provided within the development along its common boundary with the parkland, within which no new structures shall be constructed, nor shall any clearing of trees or understory growth be permitted. Where this buffer is unwooded, the Board may require vegetative screening to be planted, or that it be managed to encourage natural forest succession through "no-mow" policies and the periodic removal of invasive alien plant and tree species.
8.
Ownership of Greenway Lands.
A.
All greenway land shall be permanently restricted from future subdivision and development by a conservation easement.
B.
The following options for ownership may be used:
(1)
Homeowners' Association. The applicant shall provide the Township a description of the organization of the proposed association, including its bylaws and all documents governing ownership, maintenance and use restrictions for common facilities; membership in the association will be automatic for all purchasers of dwelling units and their successors in title.
(2)
Conservation Organization (such as a land trust). The owner may transfer fee simple title of the open space or easements on the open space to a private nonprofit conservation organization provided that (i) the conservation organization is acceptable to the Township and is a bona fide conservation organization intended to exist indefinitely; (ii) the conveyance contains appropriate provisions proper reverter or retransfer in the event that the organization becomes unwillingly or unable to continue carrying out its functions.
(3)
Private landowner.
(4)
The Township, if, at the time of the initial development the Township wishes to assume ownership, and under the conditions that there is no cost of acquisition to the Township and the Township agrees to and has access to maintain such facilities.
9.
Maintenance of Greenway Lands.
A.
Unless otherwise agreed to by the Board of Supervisors, the cost and responsibility of maintaining common facilities and greenway land as well as property taxes and any liability insurance on the greenway lands shall be borne by the property owner, homeowners' association or conservation organization. Funds adequate for maintenance for at least one year must be maintained on an ongoing basis. A conservation organization may require an endowment from the developer to fund maintenance.
B.
The applicant shall, at the time of preliminary plan submissions, provide a plan for maintenance of greenway lands and operation of common facilities in accordance with the following requirements.
(1)
The plan shall define ownership.
(2)
The plan shall establish necessary regular and periodic operation and maintenance responsibilities for the various kinds of open space (i.e., lawns, playing fields, meadow, woodlands, etc.).
(3)
The plan shall estimate staffing needs, insurance requirements and associated costs, and define the means for funding the maintenance of the greenway land and operation of any common facilities on an ongoing basis. Such funding plans shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs.
(4)
At the Township's discretion, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common facilities for up to one year.
(5)
Any changes to the maintenance plan shall be approved by the Board of Supervisors.
C.
In the event that the organization established to maintain the greenway lands and the common facilities, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the Township may assume responsibility for maintenance, in which case any escrow funds may be forfeited and any permits may be revoked or suspended. In this case, the Township may enter the premises and take corrective action, including extended maintenance. The costs of such corrective action may be charged to the owner of the greenway lands. Such costs shall become a lien on said premises.
10.
Guidelines for Preparing a Conservation Subdivision. An existing features site analysis program drawn to scale and locating and analyzing a site's special features is required for all proposed conservation subdivisions. This plan provides the basis for the design process for greenway lands, house locations, street alignments and lot lines. A sketch plan, which can be shown on an overlay sheet on the existing features site analysis plan, is required to indicate tentative placements of the above aspects of the design. With these tentative plans in hand, the Planning Commission should conduct an on-site walkabout with the applicant and may use the services of a consultant with expertise in the design of conservation subdivisions. These plans developed by the applicant should use the following four-step design process:
A.
Identify primary conservation lands (wetlands, floodplains, slopes over 25% and soils susceptible to slumping). In addition to the primary conservation areas, at least 50% of the remaining land shall be designated as a secondary conservation area. Both primary and secondary conservation areas shall be permanently protected by a conservation easement. Secondary conservation lands typically include, but are not limited to, mature woodlands, other woodlands, hedgerows, aquifer recharge areas, significant wildlife habitats, prime farmland, other fields and historic, archeological and cultural features. Such potential secondary conservation lands must be identified as to type on the existing features site analysis plan. The applicant shall prioritize the secondary conservation lands in the tract in terms of their highest to least suitabilities for inclusion in the proposed greenway lands. At the on-site walkabout the Planning Commission should provide guidance to the applicant regarding the tentative location of the secondary conservation areas, potential house locations and street alignments.
B.
Locate House Sites. House sites should generally not be located closer than 100 feet from primary conservation areas nor within 50 feet of secondary conservation areas.
C.
Lay Out Streets and Lots. Align proposed streets to provide vehicular access to houses while minimizing adverse impacts on conservation areas. Wetland crossings and streets traversing existing slopes over 15% shall be strongly discouraged.
D.
Draw in lot lines.