North Franklin Township Washington County
City Zoning Code
City Zoning Code
ARTICLE VI
Cluster Housing and Open Space Subdivision Regulations
§ 460-601 Purpose and intent.
A.
Cluster housing and open space subdivisions are permitted and encouraged throughout North Franklin Township to accomplish the following community development goals and objectives which were established by the North Franklin Township Comprehensive Plan (1995). Residential development in cluster housing and open space subdivisions are provided in this chapter as alternatives to traditional suburban lot-by-lot developments. North Franklin Township is interested in protecting its valuable natural resources and recognizes that controlled development is necessary to achieve the Township's goals and objectives.
B.
The cluster housing and open space subdivision provisions will accomplish the Township's goals and objectives by:
(1)
Providing flexible development options to preserve existing natural features including wooded slopes, quality stands of trees, stream valley corridors, wetlands, wildlife habitats, and other natural features;
(2)
Permitting the construction of housing on small parcels with large common open space areas to maintain the rural village-like atmosphere which exists in the Township;
(3)
Providing flexible development options in those areas where standard rectilinear development patterns are not suitable due to physical conditions;
(4)
Creating a system of integrated walking and biking trails to comment new developments with natural areas and existing neighborhoods to encourage alternate means to the automobile.
(5)
Providing open space areas which will provide the residents with active and passive recreational opportunities and permit some innovative community living projects.
(6)
Providing alternate methods for dealing with wastewater disposal from several households (small flows treatment systems) are compared to individual on-site septic systems.
§ 460-602 Principals governing use and authorized districts.
The goals of both the cluster housing and open space subdivisions are similar. Their use in North Franklin Township is dependent upon the size of the parcel (or parcels) of land planned for development and the location of the parcel (or parcels) in the Township's residential (R-1, R-2 or R-3) districts.
A.
Acreage requirements. In any R-1, R-2, or R-3 District, cluster housing is permitted on any parcel, or parcels joined together, with a minimum size of two acres and a maximum size of 10 acres.
(1)
The cluster housing concept may not be utilized when the total land area to be developed, whether it be on one parcel or several, is greater than 10 acres.
(2)
A landowner may not subdivide their land to create 10 acre parcels in an attempt to avoid open space subdivision provisions of this chapter.
B.
Open space subdivisions required on parcels over 10 acres in R-1 District. In the R-1 District, when the proposed development is located on a parcel or parcels joined together over 10 acres in size, residential development must follow the open space subdivision provisions with the exception of house lots on farm parcels as provided for by the R-1 District regulations. Provisions governing the number of house lots permitted on farm property are located in Article III, Residential Agricultural District.
C.
Open space subdivisions optional on parcels over 10 acres in R-2 and R-3 Districts. Open space subdivision shall be permitted in the R-2 and R-3 Districts as an option to traditional lot development. Although the Township encourages developers to employ this technique, it realizes that certain R-2 and R-3 areas will be better developed by traditional lot-by-lot development to maintain the character of the existing community.
§ 460-603 Definitions.
As used in this article, the following terms shall have the meanings indicated:
The total area of the site within property boundaries, counting land devoted or to be devoted for public rights-of-way and easements, wooded slopes, wetlands, floodplains, etc.
The total land area of a site adjusted to eliminate the following undevelopable land areas from the calculation: existing rights-of-way for streets, public utility easements including overhead transmission lines, area designated as steep slopes (25% of greater), land classified as flood prone by FEMA, and wetlands.
§ 460-605 Design standards.
A.
Housing density.
(1)
The overall cluster housing or open space subdivision project may not exceed the density allowed by the underlying zoning district as shown on the following table.
(2)
The gross site area of the development site will be used to determine the number of permitted dwelling units.
Table 460-605A, Density Requirements for Cluster Housing and Open Space Subdivision Developments | |
|---|---|
Zoning District | Density (dwelling units per acre) |
R-1 Residential Agricultural | 2 |
R-2 Low-Density Residential District | 2 |
R-3 Medium-Density Residential District | 4 |
B.
Area and bulk requirements.
(1)
Good design principles shall govern the sitting of each dwelling unit, and standards for building spacing should be based on providing privacy for each unit and ensuring that adequate light and air is provided for each room in every dwelling unit. Variation in lot sizes and widths are encouraged of each building lot. The proposed locations for all housing sites must be indicated on the preliminary subdivision plan in sufficient detail to verify that all development standards can be satisfied.
(2)
The requirements of the Pennsylvania Department of Environmental Protection shall be satisfied concerning the location of on-site septic systems and individual wells.
(3)
Lot sizes may vary in size, but in no case shall the minimum lot size be less than 10,980 square feet (or 1/4 acre) per dwelling unit.
(4)
Lot widths for all permitted dwelling types shall vary and no more than two consecutive lots may have the same lot width. For single-family detached dwellings and two-family structures, the minimum lot width shall be 65 feet and the maximum lot width shall be 120 feet. For quadruplex and townhouse structures, the maximum lot width shall be 250 feet. The minimum lot width is intended to provide privacy, light and air to each of the dwelling units; the maximum lot width is intended to prevent the creation of large, land-consuming lots which are expensive to develop and against the purposes of this article.
(5)
Front yard depths for all permitted types shall vary, but in no case may the distance between the dwelling unit and the street right-of-way be less than 25 feet. The minimum front yard is intended to provide privacy. The developer is encourage to provide by other means other than a large front yard. Reducing traffic flow through the street layout, or by screening or planting or by facing the structure towards open space or pedestrian way are other ways of ensuring privacy. Where garages are placed on the lot, these need not meet the minimum setback, although adequate visibility must be provided for safe backing out onto street from the driveway.
(6)
Flag lots are permissible as long as the access road to the dwelling unit is at least 24 feet wide and the total lot size exceeds 1/2 acre. Flag lots may not compromise more than 10% of the total lots. For example, if there are 10 lots in the development, only one flag lot may be created.
(7)
A minimum distance is required between dwelling unit buildings as follows:
Table 460-605B, Distance Required Between Dwelling Unit Buildings | ||||
|---|---|---|---|---|
Minimum Separation Between Structures | ||||
Dwelling Type | Single-Family Detached (feet) | Two-Family Structure (feet) | Quadruplex Structure (feet) | Townhouse Structure (feet) |
Single-family detached | 10 | 25 | 50 | 100 |
Two-family structure | 25 | 25 | 50 | 100 |
Quadruplex structure | 100 | 50 | 40 | 50 |
Townhouse structure | 100 | 100 | 50 | 50 |
(8)
Building sizes.
(a)
The number of units per townhouse structure shall not exceed the following:
[1]
Townhouses, R-1 District: four units per building.
[2]
Townhouses, R-2 and R-3 Districts: varied in such proportion that more than 20% of the buildings shall eight units per building; no more than 40% of the buildings shall have six units per building; and the remainder 40% of the buildings shall have four units per building.
(b)
The maximum length of townhouse buildings shall not exceed 150 feet.
(c)
The maximum height for all dwelling types shall be 35 feet. Accessory structures to residential buildings shall not exceed 15 feet in height.
C.
Buffer yard.
(1)
A landscaped buffer yard area, measuring a minimum of 20 feet, must be provided around the perimeter of all cluster housing and open space subdivisions. The purpose of the buffer yard area to provide a visual screen between the proposed development and other existing or proposed developments, particularly when the project abuts other nonresidential uses.
(2)
The buffer yard shall provide an all-year visual screen measuring a minimum of six feet in height and, to the greatest extent possible, shall utilize natural features to obtain this result. Where this cannot be accomplished with existing site features, a landscaped area shall be planted and maintained to product the same effect with trees, shrubs, bushes, grass, ground cover, or other natural landscaping material and shall consist of a mix of types and sizes of plant material. A landscaping plan, showing the buffer yard area and plantings, shall be submitted to the Planning Commission prior to final subdivision approval. The landscaping plan shall be prepared by a registered landscape architect, and shall be prepared in sufficient detail to demonstrate that the purposes of this paragraph will be satisfied.
§ 460-606 Standards for location and maintenance of common open space.
A.
Requirements for common open space. All cluster housing and open space subdivisions must provide common open space areas within the limits of the proposed development in accordance with the requirements established by this section. In no case may property owned outside the limits of the proposed development be considered as common open space acreage to fulfill the open space requirements. All common areas shall be reversed as permanent open space, except where structures are required to fulfill the educational, cultural, recreational, or civil pursuits for the Township's residents.
B.
Preservation of water features.
(1)
No building within 50 feet of the existing shoreline and must be approved by the Board of Supervisors.
(2)
Water features, such as drainageways and streams, must be left in a natural state unless altered to improve the stormwater drainage. Water features must be in common ownership unless otherwise approved during the subdivision review process.
(3)
A natural buffer area must be provided around Reservoirs No. 3 and No. 4. The buffer area is intended to protect the shoreline and the integrity of the water quality in the impoundments. Following the date of enactment of this chapter, no new permanent structure may occur within 100 feet of the shoreline the exception of public recreational facilities may be developed following plan review by the Planning Commission and final approval by the Board of Supervisors.
(4)
Water features may compromise no more than 25% of the required open space area; however, under circumstances, may the use of the existing Reservoirs No. 3 and No. 4 be considered to compromise the entirety of the required open space area for the purposes of this chapter. The Board of Supervisors shall have the authority to review the proposed open space area for compliance with intent when either one, or both, of these facilities are involved.
C.
Recreational facilities in common open space areas. Public and private recreational facilities or structures, and their accessory uses, located in common open space areas shall be considered improved open space, as long as the facilities are appropriate to the natural setting and the total impervious surface area constitutes not more than 2% of the total common open space.
D.
Community subsurface disposal systems. Community subsurface disposal systems may be located within the common open space areas as long as the system is designed to serve residents with ownership in the common space areas and an easement is provided for inspections and system maintenance.
E.
Ownership of common open space. Common open space in cluster housing subdivisions or open space subdivisions may be owned by one of the following methods. The method of ownership shall be indicated during the review process and documentation verifying the form(s) of ownership shall be required prior to final plan approval.
(1)
Dedicated to public use if the Township (or another public agency) indicates it is willing to accept such dedication;
(2)
Retain ownership and responsibility for maintenance of such open land; or
(3)
Provide for and establish one or more organizations for the ownership and maintenance of all common open space.
(a)
In the case of Subsection E(3) above, each organization shall be a nonprofit homeowners corporation, unless the developer demonstrates that a community open space trust is a more appropriate form of organization. In cases where the Township will not be accepting ownership of recreation and open space areas, the landowner shall provide for an organization of recreation and open space areas, the landowner shall provide for an organization or trust for ownership and maintenance. If the open space is deeded to homeowner's association or a nonprofit corporation established on a membership basis, the developer shall file a declaration of covenants and restrictions that will govern the association.
(4)
If a homeowner's association or open space trust is formed, it shall be governed according to the following regulations:
(a)
The organization must be set up by the developer before the sale of any lots and, if necessary, it must operate with financial subsidy by the developer.
(b)
All land not to be sold or developed will be shown on the final recorded plan as common open space and will be conveyed to the organization at the time of formation.
(c)
Membership in the organization is mandatory for all purchasers of homes therein and their successors.
(d)
The organization shall be responsible for administration, maintenance, insurance and taxes on common open spaces.
(e)
The members of the organization shall share equitably the costs of maintaining and developing common open space, in accordance with procedures established by them.
(f)
The organization shall have or hire adequate staff to administer common facilities and maintain common open space.
(g)
The organization shall not be dissolved nor shall it dispose of the common open space by sale or otherwise, except to another organization conceived and established to own and maintain the common open space, without first offering to dedicate the same to the public.
(h)
In the event that the organization established to own and maintain a common open space or any successor organization shall at any time after establishment of the homeowner's association fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Township may serve written notice and may take the necessary actions to correct the deficiencies and assess the cost incurred in accordance with Article VII of the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10701 et seq.
§ 460-607 Procedures for approval.
A.
Review process. Cluster housing plans are subject to the subdivision review process defined by Chapter 390, Subdivision and Land Development.
B.
Five-step design process. Open space subdivision shall be signed according to a five-step process as defined in Subsection B(1) through (5), below. Each step of this process will be reviewed by the Planning Commission. At the completion of Steps 1 through 5, the developer will prepare final plans for approval by the Township's Board of Supervisors and for recording the Washington County Recorder's Office, in accordance with the procedures outlined in Chapter 390, Subdivision and Land Development. It is recommended that the developer meet with the Planning Commission prior to developing any plans to discuss intentions and the requirements of this section. At a minimum, the developer shall submit plans to the Planning Commission following the completion of Step 3 and Step 5.
(1)
Step 1: Determine number of houses. Determine the number of potential houses in the development using the density guidelines established in § 460-605A. For example, a landowner with 50 acres in the R-1 District would be permitted to construct 100 homes given the density provisions of two units/acre stated in § 460-605A.
(2)
Step 2: Prepare existing features and site analysis plan. Prepare an existing features and site analysis plan to identify all special characteristics associated with the property be developed including:
(b)
Secondary conservation areas. Includes developable land areas worth of conservation for preservation of mature, or healthy and diverse woodlands, wildlife habitats critical for breeding or feeding, hedgerows and prime farmland, scenic views into and out of site, and historic buildings in their rural context. (See Fig. VI-2.[2])
[2]
Editor's Note: Said figure is on file in the Township offices.
(c)
Any other feature requested by the Planning Commission for its resource value or for its potential negative impact on the development.
(3)
Step 3: Prepare a conservation and development plan. Prepare a conservation and development plan to demonstrate those land areas identified as primary and secondary conservation areas in the existing features and site analysis plan and the remaining land areas which are potential development areas. (See Fig. VI-3.[3])
[3]
Editor's Note: Said figure is on file in the Township offices.
(4)
Step 4: Locate individual house sites and align streets and trails.
(a)
Locate the approximate sites for individual houses in close proximity to the common open space areas. To the greatest extent possible, design each site to maximize access to common open space areas. The maximum number of home sites shall be limited to the number identified in Step 1. (See Fig. VI-4.[4])
[4]
Editor's Note: Said figure is on file in the Township offices.
(b)
Delineate a street sign to serve each of the housing sites and connect them as a neighborhood to the abutting public street. Delineate informal footpaths to provide the means to travel throughout the subdivision by foot or by bicycle. (See Fig. VI-5.[5])
[5]
Editor's Note: Said figure is on file in the Township offices.