The purpose, and intent of this subchapter is to preserve the township's rural landscape, natural resource areas, farmland and other large areas of open land while permitting residential development, located and so designed to reduce the perceived intensity of development. Specific objectives are as follows:

   (A)   To maintain and protect the township's rural character by preserving important landscape elements;

   (B)   To provide for greater design flexibility in the sitting of dwellings and other development features than would be permitted by the application of standard regulations in order to minimize the disturbance of rural landscape elements and overall aesthetic value of the landscape;

   (C)   To increase flexibility and efficiency in the sitting of services and infrastructure by reducing street length, utility requirements, drainage requirements and the amount of paving required for residential development where possible;

   (D)   To create groups of dwellings with direct visual and physical access to common open space;

   (E)   To permit active and passive recreational use of common open space by residents of the development or by the public;

   (F)   To reduce erosion and sedimentation by retaining existing vegetation where possible;

   (G)   To allow for the continuation of agricultural uses in those areas best suited for the activities and when the activities are compatible with adjoining residential uses;

   (H)   To permit various means for owning common open space and for protecting it from development in perpetuity; and

   (I)   To maintain and protect the township's rural character by preserving important landscape elements.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006)

   (A)   Each parcel to be developed under the provisions of this section shall contain a minimum of ten acres.

   (B)   Property proposed as part of this open space development shall be zoned CG-1, A-1, R-1A, R-1, R-2 and R-3 or any combination thereof.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006)

   (A)   Single-family residential uses as follows:

      (1)   Clustered single-family detached dwellings, with at least 35% of the gross development parcel in common open space; and

      (2)   Single-family farmstead dwellings with or without associated agricultural structures such as barns, silos, storage sheds and stables.

   (B)   Two-family and multiple-family uses, only if permitted within the underlying zoning district, as follows: clustered single-family, two-family and multiple-family detached or attached dwellings, with at least 35% of the gross development parcel in common open space.

   (C)   Agricultural activities, including:

      (1)   The cultivation, harvesting and sale of crops and related products produced on the farm;

      (2)   Orchards, nurseries, greenhouses and related horticultural uses;

      (3)   Growing and sale of Christmas trees; and

      (4)   Existing agricultural structures such as barns, silos, storage sheds and stables.

   (D)   Open space uses, primarily passive in nature, including wildlife sanctuaries, forest preserves, nature centers, trails, picnic areas and similar uses;

   (E)   Conservation of natural features in their existing state; and

   (F)   Approved storm water management facilities for the proposed development, including detention and retention basins.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006)

   (A)   Attached and detached private garages and storage structures in accordance herewith.

   (B)   Home occupations which are clearly incidental to the principal residential use, as defined in § 155.005.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006)

   The following uses may be permitted by the Planning Commission; provided, the proposed use shall not adversely impact the rural character of the district and shall be consistent with the purpose and intent of this chapter. Recreation uses requiring the installation of new building or other structures in the common open space of a cluster development. The total building coverage of the new buildings or structures shall not exceed 5,000 square feet.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006)

   The cutting of healthy trees greater than four inches in diameter when measured five feet above grade, re-grading, topsoil removal, within common open space areas, except as originally identified within the approved plan.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006)

   Prior to submitting a formal application for a site plan review for a residential project developed in conjunction with this chapter, the applicant must meet for an initial consultation with the Township Zoning Administrator and/or designee to discuss the site and the proposed number of dwelling units. Further, the applicant is strongly encouraged to consult with the township throughout the development of the site so as to reduce the potential for large changes later in the plan. All open space developments are required to submit the following information, in addition to all the requirements of § 155.331(B).

   (A)   Inventory and site analysis. To assist the Planning Commission with determining whether the applicant has met the intent and purpose of this chapter, the initial application for any development shall include an inventory and site analysis of the parcel. This inventory and site analysis shall include: an inventory of all significant natural features on site, identified on a site plan. These significant natural features should include: trees greater than eight inches in diameter when measured five feet above grade;

   (B)   Wetland areas;

   (C)   Areas of wildlife habitat;

   (D)   Other areas as determined by the township; and

   (E)   A narrative review of the site, detailing the following specific items:

      (1)   A review of the site as in existence now including:

         (a)   Any water bodies;

         (b)   Any significant geologic or water features;

         (c)   Any significant woodlots or natural habitat;

         (d)   Surrounding land uses; and

         (e)   Existing road system surrounding the proposed development.

      (2)   A detailed rationale explaining how the proposed project meets the intent and purpose of this chapter, including:

         (a)   Efforts made to retain existing vegetation;

         (b)   How the site was designed so as to minimize infrastructure and pavement; and

         (c)   Detailed information and explanation of the property to remain in open space and a plan for its management and on going maintenance.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006)

   (A)   General. The following density and dimensional standards shall apply to residential open space development:

 

   (B)   Separation distances for open space development.

      (1)   The outer boundaries of all open space developments shall conform to the following separation distances:

         (a)   From existing or proposed primary roads: 50 feet;

         (b)   From all perimeter subdivision boundaries: 75 feet;

         (c)   From cropland or pasture land: 100 feet;

         (d)   From buildings or barnyards housing livestock: 300 feet;

         (e)   From other open space developments: 100 feet;

         (f)   From wetlands, flood plains or water courses: 50 feet; and

         (g)   From active recreation areas, such as parks or play fields: 100 feet.

      (2)   All separation areas for open space developments along existing streets shall be landscaped in order to block views of new residential development, preserve scenic views and protect rural landscape character.

   (C)   Calculation of site capacity.

      (1)   For open space development, the calculation of site capacity or the number of dwelling units permitted on a site shall be based on net buildable acreage. The applicant shall determine the net buildable acreage (NBA) using the following method, substantiated by sufficient plans and data to verify the calculations:

 

         (a)   The elevation of the 100-year flood plain determined through flood plain studies shall be used where available. Where flood stage data are not available, the regulatory flood elevation shall be determined by a registered professional engineer.

         (b)   Where two or more categories overlap, the overlapping acreage shall be counted only once, using the most restrictive classification.

      (2)   To determine the number of units permitted on a given site, the net buildable acreage shall be divided by the minimum lot size within the existing zoning district and then adding 10% to that number and rounding to the nearest whole number, excepting that each lot must be a minimum of 15,000 square feet.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006)

   (A)   All lots shall take access from interior streets.

   (B)   All lots shall abut common open space in the front or in the rear.

   (C)   In locating dwelling units, disturbance to woodlands and individual mature trees should be minimized. No more than 20% of the wooded area shall be cleared for construction.

   (D)   All lots must meet the required separation distances as specified in § 155.412(B).

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006)

   On all parcels developed under the open space development regulations, a minimum of 35% of the gross land area shall be set aside as protected common open space. This open space shall meet the following standards.

   (A)   For the purposes of this section, GROSS LAND AREA includes all lands within the parcel except existing street, railway and utility rights-of-way.

   (B)   Common open space shall comply with the following design standards.

      (1)   All open spaces shall be part of a larger continuous and integrated open space system within the parcel being developed. For the purposes of this section, areas shall be considered continuous if they are within 100 feet of each other.

      (2)   Common open space shall, to the greatest extent possible, protect site features identified in the site inventory and analysis as having particular value in the context of preserving rural character.

      (3)   Natural features shall generally be maintained in their natural condition, but may be modified to improve their appearance, or restore their overall condition and natural processes, as recommend by natural resource professionals. Modifications may include:

         (a)   Woodland management;

         (b)   Reforestation;

         (c)   Meadow management; and

         (d)   Wetlands management.

      (4)   No area of common open space shall be less than 30 feet in its smallest dimension or less than 10,000 square feet in area. Open space not meeting this standard shall not be counted toward the total required 50% common open space.

      (5)   The boundaries of common open space shall be marked by natural features wherever possible, such as edges of woodlands or individual large trees.

      (6)   Trails in common open space that are located within 50 feet of homes shall be identified by plantings or other landscape features.

      (7)   Under no circumstance shall all common open space be isolated in one area of the development. Common open space shall be distributed appropriately throughout the development to properly serve and enhance all dwelling units and any other common facilities.

      (8)   Common open space shall include lands located along existing public streets in order to preserve existing rural landscape character as seen from these streets, and shall, in no case, contain less than the requires setback or buffer.

   (C)   Safe and convenient pedestrian access and access for maintenance purposes shall be provided to all common open space areas that are not used for agricultural purposes, in accordance with the following.

      (1)   Access points shall be provided that are equal to or greater than the minimum width of the lots in the development. This width may be reduced to 50 feet if the applicant can demonstrate that meeting the lot width requirement would run counter to the objectives of this section.

      (2)   Access to common open space used for agriculture may be restricted for public safety and to prevent interference with agricultural operations.

   (D)   The following areas shall not be included in the calculation of common open space:

      (1)   Private lot areas;

      (2)   Street and highway rights-of-way, public or private;

      (3)   Railway and utility rights-of-way;

      (4)   Parking areas; and

      (5)   Areas not meeting the requirements of division (B)(4) above.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006)

   (A)   The preservation of existing vegetation shall always be preferred to the installation of new plant material.

   (B)   Existing woodlands and significant mature trees shall be retained to the maximum extent possible. Where possible, existing woodlands shall be incorporated into the site boundaries.

   (C)   Street trees shall be planted along internal streets. Informal arrangements are encouraged for street trees, to avoid the urban appearance that regular spacing may invoke.

   (D)   In the case of an open site, with very little existing vegetation, a proposed landscape plan for the open space area shall be submitted and approved by the township's landscape architect.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006)

   To ensure adequate planning for ownership, operation and maintenance of common open space, recreation facilities, storm water management facilities, common parking areas, private streets and other common or community facilities (hereinafter referred to as common facilities), the following regulations shall apply.

   (A)   Ownership. The following methods may be used, either alone or in combination, to own common facilities. Common facilities shall not be transferred to another entity, except for transfer to another method of ownership permitted under this section, and then only when there is no change in the common facilities. Ownership methods shall conform to one or more of the following:

      (1)   Homeowner's association;

      (2)   Condominium agreements;

      (3)   Dedication of conservation easements to a public agency;

      (4)   Fee simple dedication to a non-profit conservation organization;

      (5)   Dedication of conservation easements to a non-profit conservation organization;

      (6)   Dedication of conservation easements to a recognized civic and our service organization; and

      (7)   Ownership retained by the original landowner.

   (B)   Maintenance and operation of common facilities.

      (1)   A plan and narrative for the use, maintenance and insurance of all common facilities, including provisions for funding, shall be provided to and approved by the Township Board. A plan shall:

         (a)   Define ownership;

         (b)   Establish necessary regular and periodic operation and maintenance responsibilities;

         (c)   Estimate staffing needs, insurance requirements and other associated costs and define the means for funding the same on an on-going basis;

         (d)   Include a land stewardship plan, specifically focusing on the long term management of open space lands; and

         (e)   At the discretion of the Township Planning Commission, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common facilities for up to one year.

      (2)   In the event that the association established to own and maintain common areas and facilities or any successor organization thereto, fails to property maintain all or any portion of the common areas or facilities, the township may serve written notice upon the association setting forth the manner in which the association has failed to maintain the aforesaid common areas and facilities. The notice shall set forth the nature of corrections required and the time within the corrections shall be made. Upon failure to comply, the association or any successor organization shall be considered in violation of this chapter, in which case the township shall have the right to enter the premises and take the needed corrective actions. The costs of corrective actions by the township shall be assessed against the properties that have the right of enjoyment of the common areas and facilities.

      (3)   Common open space lands may be leased to another person or other entity for use, operation and maintenance; provided that:

         (a)   The residents of the development shall, at all times, have access to the leased lands, except in the case of lease for agricultural purposes, in which case the residents, with their agreement, may be restricted from accessing the land;

         (b)   The common open space lands to be leased shall be maintained for the purposes set forth in this section; and

         (c)   Lease agreements shall be recorded in the office of the County Register of Deeds within 30 days of the execution, and a copy of the recorded lease shall be filed with the township.

      (4)   Common open space shall be restricted in perpetuity from further subdivision and/or land development by deed restriction, conservation easement or other agreement in a form acceptable to the township and duly recorded in the office of the County Register of Deeds.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006)

   (A)   Sewage facilities.

      (1)   Sewage facilities for the open space development may consist of any system meeting the requirements of the County Department of Public Health and the State Department of Environmental Quality.

      (2)   If approved by the Planning Commission, sewerage facilities or portions thereof may be located within common open space.

   (B)   Water supply facilities. Water supply facilities may consist of any of the following systems; provided, they meet the requirements of the county and the Department of Environmental Quality.

      (1)   Private, individual wells;

      (2)   Private, community wells; and

      (3)   Public water supply system.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006)