Montgomery Township
City Zoning Code
City Zoning Code
ARTICLE XXXII
Historic Preservation Cluster District
§ 230-235 Community development objectives.
In addition to the goals listed elsewhere in this chapter, the district established by this article is in accordance with and in furtherance of the Township land use policies and objectives of the Montgomery Township Comprehensive Plan, as adopted by the Board of Supervisors. It is intended to achieve the following:
A.
To provide for the preservation and protection of historic resources and open spaces in the Township and for the protection of existing residential districts.
B.
To encourage a more creative, varied, efficient, attractive and economical development pattern.
C.
To provide an effective means of responding to site conditions, including preserving floodplains, historic areas, recreation sites, and other areas in a manner consistent with the Township development.
D.
To preserve scenic vistas of historic and natural resources within the Township.
E.
To encourage the development of housing meeting the needs of the population at all income levels.
§ 230-236 Overlay on applicable zoning districts.
The Historic Preservation Cluster District shall be an overlay on the existing Zoning Map of Montgomery Township. The designation "Historic Preservation Cluster District" shall be permitted when approved by conditional use in addition to the residential designation R-1, R-2, and/or R-5 Zoning Districts. Permitted uses shall be specifically limited to single-family detached dwelling and accessory uses on the lot and customarily incidental thereto, subject to the provisions of Article XXI, § 230-149, herein, and permanent open space, the area and arrangement of which shall be subject to approval by the Board of Supervisors.
§ 230-237 General requirements.
A.
In order to apply the uses within the Historic Preservation Cluster District, a parcel of land shall be a contiguous tract of land in single and separate ownership of not less than six acres.
B.
Designation as an Historic Preservation Cluster District may be requested only for properties zoned as an R-1 Residential District, R-2 Residential District, or R-5 Residential District at the time of application that contains an historic resource either identified in the Township's Comprehensive Plan or approved by the Township Board of Supervisors.
C.
The proposed development must be served by public sewer and public water systems.
D.
Permanent open space shall be required for each tract developed pursuant to the Historic Preservation Cluster District net of ultimate rights-of-way of existing streets in accordance with the following percentages:
District | Percent of Tract Area Required for Open Space | |
|---|---|---|
R-1 Residential | 50% | |
R-2 Residential | 20% | |
R-5 Residential | 20% | |
NOTE: | ||
1 “Tract area” is a defined term. | ||
E.
The required permanent open space shall be contiguous where practicable, must surround the preserved historic resources on the site, and, where possible, maintain scenic views of the historic resources from surrounding roadways. When more than five acres of open space are required, then additional open space parcels may be created. Their area, location, and configuration shall be subject to the specific approval of the Board of Supervisors, which shall consider recommendations by the Township Planning Commission.
F.
Permanent open space created by the approval by conditional use of the Historic Preservation Cluster District may be comprised of any one or a combination of the following options:
(1)
Retained for private use of the residents or owners of properties within or adjacent to the development, pursuant to a covenant or legal entity and facade easements applied to the historic structures in a form acceptable to the Township Solicitor and approved by the Township Board of Supervisors; or
(2)
Designated as an estate lot in the proposed subdivision, with a conservation easement applied to the lot and facade easements applied to the historic structures acceptable to the Township Solicitor and approved by the Township Board of Supervisors; or
(3)
Dedicated to and accepted by Montgomery Township or to any other public or private agency or association with the concurrence of the Montgomery Township Board of Supervisors for use by the public.
G.
Permanent open space areas, including land surrounding the historic resources to be preserved, should include when present the following characteristics:
(1)
Woodlands.
(2)
Farmlands.
(3)
Lands adjoining and including any water or drainage course or body of water subject to periodic flooding or overflow and delineated as alluvial soils by the Soil Conservation Service, United States Department of Agriculture, in the Soil Survey of Montgomery County, 1960-1963.
(4)
Lands having slopes in excess of 15% or other natural features worthy of preservation.
(5)
Areas providing yards around and vistas of historic resources sites.
(6)
Lands suitable for development of public or private recreation areas.
(7)
Areas providing unique or ecological characteristics, including bird or wildlife sanctuaries and botanical preservation areas.
§ 230-238 Density standards.
A.
The overall density of development within the Historic Preservation Cluster District shall not exceed:
District | Dwelling Units Per Gross Acre | |
|---|---|---|
R-1 Residential | 1.00 | |
R-2 Residential | 2.00 | |
R-5 Residential | 2.30 |
B.
A density bonus of up to 10% may be approved as follows:
(1)
Applicant guarantees in a form acceptable to the Township Solicitor that applicant shall rehabilitate, preserve and reconstruct historic resources in a manner satisfactory to the Board of Supervisors.
(2)
The number of lots approved up to the maximum permitted 10% shall be based on applicant's demonstration of cost to implement Subsection B(1) above versus value of additional lots to offset such cost.
(3)
Approval of this option is at the sole discretion of the Board of Supervisors.
§ 230-239 Lot area.
Minimum lot area in an Historic Preservation Cluster District shall be:
Zoning District | Minimum Lot Size |
|---|---|
R-1 Residential | 15,000 square feet |
R-2 Residential | 10,500 square feet |
R-5 Residential | 10,500 square feet |
§ 230-240 Yard and impervious surface coverage regulations.
[Amended 7-23-2007 by Ord. No. 07-219Z
Minimum front, rear and side yard regulations shall be as follows:
§ 230-241 Initiation of district.
An application for designation as an Historic Preservation Cluster District may be initiated by the owner of lands meeting the minimum requirements of this article.
§ 230-242 Application procedure.
An application for designation as an Historic Preservation Cluster District shall be submitted and processed in two parts:
A.
Conditional use application. The conditional use application shall be submitted to the Board of Supervisors in accordance with the procedures and standards of the Township's Zoning Ordinance for conditional use approval. The following additional information shall also be provided with the conditional use application:
(1)
A map and legal description of the land to be developed.
(2)
A sketch plan of the development, showing the proposed locations of all lots, roads, easements, watercourses, historic resources, tree masses and areas proposed for permanent open space.
(3)
Evidence of availability of public sewer and public water.
(4)
A written description of the historic resources located on the site; including a plan for preservation, permanent protection and maintenance of historic buildings and structures and timing of implementation.
(5)
A condition of approval may include immediate implementation of Subsection A(4) above in order to preserve the integrity of buildings and avoid demolition by neglect of historic resources.
(6)
A statement as to the proposed use and preservation of historic resources and permanent open space area on the site.
B.
Subdivision application. A subdivision plan shall be submitted pursuant to the Montgomery Township Subdivision and Land Development Ordinance.[1] The subdivision application shall include the following information in addition to the requirements of the Township's Subdivision and Land Development Ordinance:
(1)
The site plan, showing the exact location and areas of all lots, historic resources, permanent open space areas, streets and other proposed facilities, public or private.
(2)
Cost estimates for all proposed improvements for historic resources and/or open space areas.
(3)
Legal documents providing for preservation of all historic resources and open space areas. Such documents shall be in a form acceptable to the Township Solicitor and approved by the Board of Supervisors and shall include:
(a)
Deed of dedication for all historic resources and/or permanent open space areas proposed for public dedication.
(b)
Performance bond escrow agreement or other approved means of insuring completion of all required improvements to historic resources and/or permanent open space areas proposed for dedication.
(c)
Deed restriction to ensure preservation of all historic resources and/or permanent open space areas not proposed for public dedication.
(d)
Form of entity or other approved ownership of historic resources and/or permanent open space areas not proposed for public dedication.
(e)
A homeowners' association declaration or other approved means of insuring maintenance of historic resources and/or permanent open space areas not proposed for public dedication.
(4)
Final approval shall be contingent upon the subdivision plan indicating preservation for the area designated as Historic Preservation Resource and Permanent Open Space, the area and management of which shall be consistent with the conditional use approval.
(5)
Application for final approval shall be submitted within 180 days of conditional use approval. Failure to submit the application for final approval within the required time shall void conditional use approval.