Marlborough Township
City Zoning Code
City Zoning Code
ARTICLE XXVII
CSO Conservation Subdivision Overlay District
§ 275-191 Legislative intent.
In conformance with the state-enabling legislation, the purposes of this article, among others, are as follows:
A.
To conserve open land, including those areas containing unique and sensitive natural features such as woodlands, steep slopes, streams, floodplains and wetlands, by setting them aside from development;
B.
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;
C.
To reduce erosion and sedimentation by the retention of existing vegetation, and the minimization of development on steep slopes;
D.
To provide for a diversity of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups and residential preferences, so that the community's population diversity may be maintained;
E.
To implement adopted Township policies to conserve a variety of irreplaceable and environmentally sensitive resource lands as set forth in the Township's Comprehensive Plan, including provisions for reasonable incentives to create a greenway system for the benefit of present and future residents;
F.
To implement adopted land use, transportation, and community policies, as identified in the Township's Comprehensive Plan;
G.
To protect areas of the Township with productive agricultural soils for continued or future agricultural use, by conserving blocks of land large enough to allow for efficient farm operations;
H.
To create neighborhoods with direct visual or physical access to greenway land, with amenities in the form of common greens and a strong neighborhood identity;
I.
To provide for the conservation and maintenance of open land within the Township to achieve the above-mentioned goals and for active or passive recreational use by residents;
J.
To provide multiple options for landowners in order to minimize impacts on environmental resources (sensitive lands such as wetlands, floodplain, and steep slopes) and disturbance of natural or cultural features (such as mature woodlands, hedgerows and tree lines, critical wildlife habitats, historic buildings, and fieldstone walls);
K.
To provide standards reflecting the varying circumstances and interests of individual landowners, and the individual characteristics of their properties; and
L.
To conserve scenic views and elements of the Township's rural character, and to minimize perceived density by minimizing views of new development from existing roads.
§ 275-192 Uses and development options.
A.
In order to achieve the purposes in § 275-191, the following three residential development options are permitted by right:
(1)
Option 1, Basic Conservation Option, providing for residential uses at the density permitted by the underlying zoning, with at least 50% greenway land.
(2)
Option 2, Estate Lot Option, providing for residential uses at half the density of the Basic Conservation Option, with common greenway land permitted but not required. In return for the ability to lot out the entire parcel with no common greenway land, the density is reduced by half of Option 1.
(3)
Option 3, Country Property Option, providing for residential uses at very low densities, with common greenway land permitted but not required. Accessory dwelling units (ADUs) and reduced street standards are provided as incentives for the use of this option.
B.
Other permitted uses:
(3)
In the Country Property Option, on a building lot containing 10 or more acres, an accessory dwelling unit (ADU) is permitted, subject to the following provisions:
(a)
The ADU shall be secondary to the principal dwelling and shall not be conducted as an independent principal use, shall not be separately subdivided and shall be designed to harmonize with the appearance of the principal dwelling.
(b)
The ADU shall be located within the principal dwelling unit or in existing or new outbuildings (such as barns, stables, carriage houses, garages, and spring houses).
(c)
The gross floor area of the ADU shall not exceed 1,200 square feet. An existing historic accessory building more than 75 years old that exceeds these floor area limits may be used as an ADU.
(d)
The ADU shall meet all the setback standards in § 275-96C, except that historic accessory buildings more than 75 years old shall be exempt from these requirements.
(e)
Building permits for an ADU shall not be issued until the applicant demonstrates that a restrictive easement, to be prepared to the satisfaction of the Township Solicitor, has been placed on the subject property prohibiting future enlargement of the ADU beyond that permitted herein. This restriction shall also be incorporated into the building permit. Issuance of permits for ADUs shall be contingent upon approval of the Sewage Enforcement Officer for appropriate sewage disposal systems.
(g)
The ADU may share a well and septic system with the principal dwelling or may have its own well and septic system
§ 275-193 Applicability.
This district shall be an overlay on the R-1 Residential District and shall apply to all single-family detached residential uses on tracts with 10 or more acres of total developable area.
§ 275-194 General regulations.
The design of all new conservation subdivisions shall be governed by the following minimum standards:
A.
Ownership. The tract of land may be held in single and separate ownership or in multiple ownerships. However, when a tract is held in multiple ownerships, it shall be planned as a single entity with common authority and common responsibility.
B.
Site suitability. As evidenced by the existing resources/site analysis plan (ER/SA), the preliminary plan, and the final plan, the tract incorporating this design option shall be suitable for supporting development in terms of environmental conditions, its size, and configuration.
C.
Combining the design options. The various layout and density options described in this section may be combined at the discretion of the Board, based upon demonstration by the applicant that such a combination would better fulfill the intent of this chapter, in particular, the stated purposes of this section, as compared with applying a single option to the property. When more than one option is applied to a development tract, the applicant shall clearly indicate the boundaries of where each option applies. Lower density areas of the development tract shall be restricted from future higher density in accordance with § 275-200.
§ 275-195 Maximum dwelling units, minimum greenway land and dimensional standards.
A.
The maximum number of dwelling units shall be determined by a calculation using the maximum density in the table below and the formulas in § 275-91.
B.
The minimum greenway land shall be as set forth in the table below.
Table of Greenway Land Options | |||||
|---|---|---|---|---|---|
Option 1 Basic Conservation | Option 2 Estate Lot | Option 3 Country Property | |||
Maximum density | 1 du/2 acres (87,120 square feet) total developable area | 1 du/4 acres total developable area | 1 du/12 acres gross tract area | ||
Minimum greenway land | 50% total developable area plus all constrained land | Permitted, but not required | Permitted, but not required | ||
Minimum lot area for individual lots | 2 acres developable lot area | 6 acres gross lot area | |||
On-lot sewer and water | 25,000 square feet developable lot area | ||||
Central sewer and water | 18,000 square feet developable lot area | ||||
Minimum lot width at building line (developable lot area) (feet) | 100 | 200 | |||
Lots 25,000 square feet or larger | 100 | ||||
Lots less than 25,000 square feet | 80 | ||||
Impervious coverage (developable lot area) | 5% | 4% | |||
Lots 43,560 square feet or larger | 15% | ||||
Lots 25,000 to 43,559 square feet | 20% | ||||
Lots 23,000 to 24,999 square feet | 25% | ||||
Lots 18,000 to 22,999 square feet | 30% | ||||
Front yard (developable lot area) (feet) | 100 | 100 | |||
Lots 25,000 square feet or larger | 50 | ||||
Lots less than 25,000 square (feet) | 35 | ||||
Garage setback* (feet) | 10 | 10 | 10 | ||
Side yard (developable lot area) (feet) | |||||
Lots 25,000 square feet or larger | 15, aggregate 40 | 30 | 60 | ||
Lots less than 25,000 square feet | 10, aggregate 25 | ||||
Accessory building (feet) | 10 | 10 | 10 | ||
Rear yard (developable lot area) (feet) | 60 | 60 | |||
Lots 25,000 square feet or larger | 50 | ||||
Lots less than 25,000 square feet | 40 | ||||
Accessory building (feet) | 10 | 10 | 10 | ||
NOTE: | ||
|---|---|---|
* | For front-facing garages, minimum distance behind the front facade of the primary dwelling. | |
C.
Lots shall meet all dimensional standards under each option as applicable.
D.
Maximum height:
(1)
For any dwelling: 35 feet.
(2)
For any building accessory to any dwelling use: 20 feet.
(3)
For any nonresidential building or other structure on a lot greater than two acres: 35 feet, except that such height may be increased to a maximum of 60 feet or such increased height as may be warranted when approved by the Board, as a conditional use, for such structures as water towers, barns, silos, chimneys, and stacks provided that for every foot of height in excess of 35 feet there shall be added to each yard requirement one corresponding foot of width or depth.
§ 275-196 Standards for Option 1, Basic Conservation.
B.
All new dwellings shall meet the following setback requirements:
(1)
From all existing external road ultimate right-of-way: 100 feet.
(2)
From all other existing tract boundaries: 50 feet.
(3)
From cropland or pasture land within greenway land or on adjacent parcels: 100 feet.
(4)
From buildings or barnyards housing livestock within greenway land or on adjacent parcels: 300 feet.
(5)
From active recreation areas such as courts or playing fields (not including tot-lots) within greenway land or on adjacent parcels: 150 feet.
C.
Views of dwellings from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping which meets the landscaping requirements of Chapter 215, Subdivision and Land Development.
D.
Dwellings shall generally be accessed from interior streets, rather than from roads bordering the tract.
E.
At least 75% of the lots shall directly abut or face greenway land across a street.
G.
Greenway land on conservancy lots. In the Basic Conservation Option, up to 80% of the required greenway land may be in the form of privately owned "conservancy lots" as permitted in § 215-52F in Chapter 215, Subdivision and Land Development. The remaining greenway land shall be owned and managed by a community association, conservation organization or the Township, in conformance with § 275-201B.
§ 275-197 Standards for Option 2, Estate Lots.
§ 275-198 Standards for Option 3, Country Properties.
B.
The lot shapes shall not be irregular, except as allowed for flag lots, and shall not have a lot depth to width ratio exceeding 5:1.
C.
Applicants shall place a deed restriction, prepared to the satisfaction of the Township Solicitor, on Country Properties, preventing future subdivision. A note shall be placed on the final plan identifying the lots land stating the restriction. The Township shall be made party to the deed restriction.
§ 275-199 Greenway land use and design standards.
A.
The following uses are permitted on greenway land:
(1)
Conservation of open land in its natural state, including management of invasive species.
(2)
Agricultural and horticultural uses, including raising crops or livestock, and related accessory buildings. Specifically excluded are commercial and intensive feedlot and livestock operations involving swine, poultry, mink, and other animals likely to produce highly offensive odors.
(3)
Pastureland for horses used solely for noncommercial recreational purposes. Equestrian facilities shall be permitted, but may not consume more than half of the minimum required greenway land.
(4)
Forestry, in keeping with established best management practices for selective harvesting and sustained yield forestry as published by the Pennsylvania Bureau of Forestry.
(5)
Common greens, picnic areas, community gardens, trails, and similar low-impact passive recreational uses.
(6)
Active noncommercial recreation areas, such as playing fields and courts for nonorganized sports, playgrounds, and bikeways, provided such areas do not consume more than 50% of the minimum required greenway land or five acres, whichever is less. Such recreational uses shall meet the following standards:
(a)
Playing fields, playgrounds, and courts shall not be located within 100 feet of properties abutting the development tract.
(b)
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.
(7)
Golf courses, when permitted by the underlying zoning district, may comprise up to 50% of the minimum required greenway land, and shall not include driving ranges or miniature golf. Accessory facilities shall not exceed 1,200 square feet in total gross floor area devoted to sales of golf equipment, clothing, food and other similar items. Structures exceeding 1,200 square feet shall not be located in greenway lands. Accessory facilities and parking areas shall not count toward the minimum greenway land requirement. Golf courses shall be Audubon Society certified.
(8)
Water supply and sewage disposal systems, and stormwater best management practices (BMPs) facilities, excluding lagoons, structures and access areas, provided such facilities do not occupy more than half the required greenway land. Fields used for land application of treated sewage effluent shall count toward the minimum greenway land requirement.
(9)
Easements for drainage, access, sewer or water lines, or other public purposes. Overhead power line easements or rights-of-way shall not be counted toward the minimum greenway requirement.
B.
Greenway land design standards.
(2)
Greenway land 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 greenway land will be created.
(3)
In Option 1, Basic Conservation, in which greenway land may be owned by various entities, at least 20% of the total developable area shall be available for the common use of the subdivision residents.
(4)
In Options 2 and 3, Estate Lots and Country Properties, in which greenway land is permitted but not required, up to 80% of the tract area may be included within undivided greenway land, if the developer so chooses. The Board may request that up to 20% of the tract area be set aside for public trails or open space links.
(5)
Buffers 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, except as may be necessary for street or trail construction or removal of invasive plant species. 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 restrictive mowing policies and the periodic removal of invasive plant species.
(6)
No portion of any building lot may be used for meeting the minimum required greenway land, except as permitted within conservancy lots described in § 275-196G.
(7)
Pedestrian and maintenance access shall be provided to greenway land, except that greenway land used for agriculture or horticulture may be restricted or prohibited for public safety and to prevent interference with agricultural operations.
§ 275-200 Greenway land permanent protection.
Whenever the landowner is providing greenway land as part of the development, a conservation easement restricting such greenway land in perpetuity against further subdivision or development shall be executed between the landowner and the Township or a qualified land conservancy acceptable to the Township. Deed restrictions may be used in limited applications, as determined by the Township.
A.
Conservation easements. Conservation easements, prepared to the satisfaction of the Township Solicitor, are required to protect greenway lands from further subdivision and development and to conserve the natural characteristics of such lands. Conservation easements shall conform to the following minimum requirements:
(1)
Easements shall be granted to a land trust or conservation organization recognized by the Township. The grantee shall have the rights of reasonable entry and enforcement.
(2)
The property to be eased shall be described by metes and bounds, by an exhibit containing the subdivision plan and designating the property, and photographs which illustrate the nature and character of the property and any special environmental features identified by the Planning Commission during the subdivision process.
(3)
Grantors shall declare that the terms of the easement shall run with the land and bind the property in perpetuity for the benefit of the grantee.
(4)
The uses of eased property shall be limited by the permitted uses defined by § 275-199A of this chapter. The following use restrictions shall also apply:
(a)
The property shall not be further subdivided.
(b)
Construction shall be permitted only in areas specifically designated in the property description and approved by the Board of Supervisors. The determination of the need for any additional disturbance shall lie with the Board of Supervisors.
(c)
Cutting and removing of vegetation, including trees, shall be permitted only to maintain the original characteristics of the land as defined in the property description, removal of invasive plant species, and for permitted construction activities.
(d)
Signs, fencing and dumping shall be restricted consistent with the permitted uses and natural characteristics of the property.
(5)
In addition to the minimum requirements defined above, conservation easements shall contain whatever terms and restrictions are deemed appropriate by the Township, given the particular conditions presented by each property. The Township shall be guided by the objectives set forth in the Township Comprehensive Plan and Open Space Plan.
(6)
Provisions pertaining to remedies, liability, indemnification and other relevant subjects shall be approved by the grantor, the Township and the authorized representative of the grantee before final approval of the development plan by the Township.
B.
Deed restrictions. Deed restrictions may be used in the place of conservation easements only under the following circumstances and in accordance with the following standards:
(1)
In Option 1, Basic Conservation, if no entity is available or willing to hold a conservation easement on required greenway land, a deed restriction may be used.
(2)
In Options 2 and 3, Estate Lots and Country Properties, where primary and secondary resources are located on individual residential lots, and if no entity is available or willing to hold a conservation easement on such land, a deed restriction may be used.
(3)
When greenway land totals less than five acres, a deed restriction may be used.
(4)
Restrictions, meeting Township specifications, shall be placed in the deed for each lot of greenway land. The deed restriction shall ensure the permanent protection and continuance of the greenway land and shall define permitted uses.
(5)
The Township shall be party to the deed restriction. The deed restriction may be used only if approved by the Township. If the Township does not agree to be party to the deed restriction, no deed restriction shall be used.
§ 275-201 Ownership and management of greenway land.
C.
Standards for management of greenway land. The greenway management plan shall be submitted and filed as part of the approved development plan. Failure to adequately maintain the greenway land in reasonable order and condition in accordance with the development plan constitutes a violation of this chapter.
(1)
In the event that the organization established to maintain the greenway land, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition as described in the Greenway Management Plan (Default), the Township may serve written notice upon the owner of record, setting forth the manner in which the owner of record has failed to maintain the greenway land in reasonable order and condition, and may direct the owner to remedy the same within 20 days.
(2)
Upon default by any owner or other entity responsible for maintenance of greenway land, where such maintenance is necessary to abate a nuisance, emergency, hazard or other condition threatening persons or property or the public health, safety or welfare, the Township may, but shall not be obligated to, take the following actions:
(a)
Upon 30 days' advance written notice to the owner or entity responsible for such maintenance (or any lesser number of days as may be specified in the notice in instances of emergency) and the failure of such owner or entity to perform the necessary maintenance and remedy the condition set forth in the notice, the Township may enter upon the greenway land to correct the condition. If the Township is forced to assume responsibility for maintenance, any escrow funds may be forfeited and any permits may be revoked or suspended.
(b)
Any and all costs incurred by the Township in connection with such notice and maintenance shall be paid by the owner or responsible entity within 10 days after written demand by the Township. Upon failure of the owner or responsible entity to pay such costs in the time required, there shall added thereto interest at the rate of 15% per annum as well as all costs incurred by the Township in collection thereof.
(c)
All such costs of maintenance, remediation, notices, and collection, including court costs and attorney's fees, shall constitute a municipal lien and be enforceable as such against the owner or responsible entity. Notice of such lien shall be filed by the Township in the office of the Prothonotary of the County.
§ 275-202 Greenway land performance bond.
Where intended as common or public amenities, all landscape improvements, plantings, trails, and recreational facilities within greenway land shall be provided by the developer. A performance bond or other security acceptable to the Township shall be required to cover the costs of installation of such improvements in the greenway land. The performance bond or other security shall be in the same form and adhere to the same conditions as otherwise required for proposed improvements by Chapter 215, Subdivision and Land Development.