Montgomery Township
City Zoning Code
City Zoning Code
ARTICLE VIII
Cluster Development District
§ 230-41 Community development objectives.
In addition to the goals listed elsewhere in this chapter, the district established by this article in accordance with 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 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 encourage the development of single-family areas, supported with open space, community facilities and utilities.
E.
To encourage the development of housing meeting the needs of the population at all income levels.
§ 230-42 Applicable zoning districts.
[Amended 9-24-2001 by Ord. No. 01-143Z]
The Cluster Development District shall be an overlay on the existing R-1 and R-2 Districts of the Zoning Map of Montgomery Township if permitted as a conditional use by the Board of Supervisors but shall not apply to properties where there exist historic structures as identified pursuant to the Historic Preservation Cluster District. Permitted uses shall be those provided in the district within which the Cluster Development District is permitted, and no other. Permitted uses shall not be altered by further designation as a Cluster Development District.
§ 230-43 General requirements.
Applications for designation as a Cluster Development District shall meet the following minimum requirements:
A.
The proposed subdivision shall be a contiguous tract of land in single and separate ownership of not less than 20 acres. The Cluster Development District shall permit only single-family detached dwellings and common open space as provided for in this District.
[Amended 2-28-2005 by Ord. No. 04-190Z]
B.
Designation as a Cluster Development District may be requested only for properties zoned as an R-1 Residential District or R-2 Residential District at the time of application.
C.
The proposed development must be served by municipal public sewer and municipal public water systems.
D.
Common open space shall be required for each tract area developed pursuant to the Cluster Development District net of ultimate rights-of-way of existing streets in the minimum amount of 20%.
[Amended 9-24-2001 by Ord. No. 01-143Z]
E.
Open space areas created by the application of the Cluster Development District shall be either:
(1)
Retained for private use of the residents or owners of properties within or adjacent to the development, pursuant to a covenant or legal corporation in a form approved by the Township Solicitor and the Township Board of Supervisors; or
(2)
Dedicated to and accepted by Montgomery Township or to any other public agency with the concurrence of the Montgomery Township Board of Supervisors.
F.
No open space parcel shall be proposed for public dedication of less than 10 acres except where such open space is:
(1)
Part of lands designated for public open space in the Montgomery Township Comprehensive Plan, including stream valleys, floodplains or park or historic sites;
(2)
Contiguous to existing public open space; or
(3)
Connected to existing public open space by an easement or right-of-way other than a dedicated public road.
G.
Areas to be preserved as open space should include those possessing the following characteristics:
(1)
Woodlands.
(2)
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.
(3)
Lands having slopes in excess of 15% or other natural features worthy of preservation.
(4)
Historic sites or areas providing vistas of historic sites.
(5)
Lands suitable for development of public or private recreation areas.
(6)
Areas providing unique or ecological characteristics, including bird or wildlife sanctuaries and botanical preservation areas.
§ 230-44 Density standards.
[Amended 6-13-1983 by Ord. No. 17-019]
The overall density of development within the Cluster Development Districts shall not exceed:
District | Dwelling Units per Gross Acre |
|---|---|
R-1 Residential | 1.00 |
R-2 Residential | 2.00 |
§ 230-45 Lot area.
Minimum lot area in a Cluster Development District shall be:
Zoning District | Minimum Lot Size |
|---|---|
R-1 Residential | 25,000 (square feet) |
R-2 Residential | 12,500 (square feet) |
§ 230-46 Yard and impervious surface coverage regulations.
[Amended 5-24-1999 by Ord. No. 99-109Z; 7-23-2007 by Ord. No. 07-219Z]
Minimum front, rear and side yard and maximum impervious surface regulations shall be as follows:
Minimum | R-1 Residential (feet) | R-2 Residential (feet) |
|---|---|---|
Lot width at street line | 50 | 50 |
Width at building line | 100 | 80 |
Building setback | 40 | 40 |
Side yard | 15 | 10 |
Side yard abutting street | 40 | 40 |
Rear yard | 30 | 15 |
Maximum impervious surface ratio | 30% | 40% |
§ 230-47 Initiation of district.
Application. An application for designation as a Cluster Development District may be initiated by the owner of lands meeting the minimum requirements of § 230-48 or by the Montgomery Township Planning Commission or Board of Supervisors.
§ 230-48 Application procedure.
An application for designation as a Cluster Development District shall be submitted and processed in two parts.
A.
Preliminary application.
(1)
The preliminary application shall be submitted to the Board of Supervisors and shall include:
(a)
A map and legal description of the land to be developed.
(b)
A sketch plan of the development, showing the proposed locations of all lots, roads, easements, watercourses, tree masses and areas proposed for open space.
(c)
Evidence of availability of municipal public sewer and municipal public water.
(d)
A statement as to the proposed use or dedication for all open space areas.
(2)
Approval of the preliminary application for designation as a Cluster Development District shall be conditional. No approval shall become final until completion of final application processing and final subdivision plan approval.
B.
Final application.
(1)
The final application shall be submitted concurrently with a subdivision plan pursuant to the Montgomery Township Subdivision Ordinance.[1] The application shall include the following information in addition to the requirements of the Subdivision Ordinance:
(a)
The site plan, showing the exact location of all lots, open space areas, streets and other proposed facilities, public or private.
(b)
Detailed plans for all open space, including:
[1]
Site plans for all open space areas. Such plans shall include the following information.
[a]
Existing contours at two-foot intervals.
[b]
Finished contours at two-foot intervals after grading or other proposed changes.
[c]
Delineation of all areas subject to periodic flooding or overflow and delineated as alluvial soils in the soil survey of Montgomery County.
[d]
Delineation of all tree masses and of major trees having a diameter of eight inches or more at a point measured three feet above the ground.
[e]
Outline of existing or proposed buildings.
[f]
Location and slopes of all roads, drives, parking lots and other hard surface areas.
[2]
Cost estimates for all proposed improvements in open space areas.
[3]
Legal documents providing for preservation of all open space areas. Such documents shall be in a form approved by the Township Solicitor and Board of Supervisors and shall include:
[a]
Deed of dedication for all open space areas proposed for public dedication.
[b]
Performance bond escrow agreement or other approved means of insuring completion of all required improvements to open space areas proposed for dedication.
[c]
Deed restriction to ensure preservation of all open space areas not proposed for public dedication.
[d]
Form of corporation or other approved nonprofit ownership of open space areas not proposed for public dedication.
[e]
A trust indenture or other approved means of insuring maintenance of open space areas not proposed for public dedication.
(c)
Erosion and sedimentation control plans. Such plans shall be submitted to and approved by the Montgomery County Soil and Water Conservation District prior to commencement at any grading, regrading or construction within the Cluster Development District.
(2)
Final approval shall be contingent upon approval of a subdivision plan for the area designated as a Cluster Development District.
(3)
The final application shall be submitted within 180 days of preliminary approval. Failure to submit the final application within the required time shall void preliminary approval.