Plymouth Township City Zoning Code
ARTICLE XXXI
Cluster Development Overlay
Section 3100 Declaration of legislative intent.
[Ord. No. 970, § 1, 6-8-1987]
The purposes of the regulations contained in this article shall be to:
A.
Preserve and enhance the functional value of floodplain areas in terms of their runoff-storage capacity and ability to increase groundwater recharge, as well as their scenic value.
B.
Preserve existing steep slopes in order to prevent potential hazard due to their erosion and to increase slope stability through proper land planning and management.
C.
Preserve and enhance mature vegetation associated with environmentally sensitive areas, such as floodplain and slopes, as well as nonenvironmentally sensitive areas for both their functional and aesthetic values.
D.
Preserve and enhance the structural and architectural character of historically significant structures and their settings.
E.
Preserve and enhance other natural and man-made sites with irreplaceable value.
F.
Enable the creation and maintenance of open space in order to accomplish the above-stated objectives and to reserve areas for park, recreation and other open space uses.
G.
Allow for a reasonable amount of development while providing maximum design and planning flexibility in order to accomplish the above-stated objectives.
Section 3101 Definitions.
[Ord. No. 970, § 1, 6-8-1987]
For the purpose of this article, the following definitions shall apply:
An open space area which is or may be enclosed by buildings within which a common frontage to a street is shared.
A grouping of dwelling units placed closely together in a logical manner.
Land not covered by buildings or structures. Open space shall not include interior streets, parking lots or individual lots maintained by a single individual or family unit. Open space shall be owned and maintained in common by the members of a homeowner's association or similar organization for the use of its members or residents.
A buffer comprised of natural and/or man-made material, part of the open space, which allows for an easy transition from one adjacent different lotting pattern or use to another.
Section 3102 Application of cluster development overlay.
[Ord. No. 970, § 1, 6-8-1987]
The Cluster Development Overlay may be applied as a development option within AA Residential and A Residential districts of Plymouth Township. In case of conflict between a provision of the underlying district and that of the Cluster Development Overlay, the provisions of the Cluster Development Overlay shall apply.
Section 3103 Eligibility criteria.
[Ord. No. 970, § 1, 6-8-1987; Ord. No. 1088, § 11, 11-18-1991]
Application of the Cluster Development Overlay may be considered on sites meeting the following criteria:
A.
The size of the property to be so designated must consist of at least ten (10) acres.
B.
The property must contain a significant portion of one or a combination of the following:
1.
Floodplains, as defined by Section 2701.1 of the Plymouth Township Zoning Ordinance;
2.
Slopes in excess of fifteen (15) percent, as defined by the Montgomery County Soil Survey or as delineated by a topographic survey of the site which slope area constitutes a significant portion of the property;
3.
Mature or sensitive vegetation, as determined by a qualified arboreal consultant;
4.
Historically significant sites, as listed in the National Register of Historic Places, the Pennsylvania Historic Resource Survey, the Montgomery County Inventory of Historic and Cultural Resources or other appropriate documentation.
5.
A highly irregular configuration, due to historic ownership patterns, which may cause access problems and/or make development according to conventional lotting patterns difficult or undesirable;
6.
Other natural or man-made features of irreplaceable value as determined by the township council.
Section 3104 Use regulations.
[Ord. No. 970, § 1, 6-8-1987; Ord. No. 1476, § 31, 6-11-2007]
A building may be erected, altered or used, and a lot may be used or occupied, for any of the following purposes, and no other:
Section 3105 Development standards.
[Ord. No. 970, § 1, 6-8-1987; Ord. No. 1048, § 9, 11-29-1990; Ord. No. 1088, §§ 12, 13, 11-18-1991; Ord. No. 1476, § 32, 6-11-2007]
A.
Density. The density shall not exceed the number of dwellings permitted on the area contained within the property lines of the lot pursuant to the provisions of the underlying zoning district excluding that portion of the acreage used for public or private streets or private courts, rights-of-way of public roads and overhead and underground utility lines, wetlands, floodplains, as defined in this ordinance, and land areas with slopes of fifteen (15) percent or greater.
B.
Developable acreage. The developable acreage of a lot proposed or approved for cluster development under Article XXXI of this ordinance shall be defined as all land except land area located within existing rights-of-way of public roads and overhead and underground utility lines, private streets or private courts, wetlands, floodplains (defined as alluvial soils in the Soil Survey of Montgomery County, U.S. Department of Agriculture, 1967; and by all applicable engineering studies which designate 100-year frequency flood levels).
D.
Coverage. The maximum allowable building coverage of the developable area shall not exceed that allowed by the underlying zoning district.
E.
Off-street parking. Not less than two (2) off-street all-weather parking spaces shall be provided for each single-family dwelling.
F.
Private street width. The width of any private street shall be not less than is prescribed for public streets by the Subdivision and Land Development Ordinance.
G.
Outbuildings. No outbuildings shall be permitted.
H.
Sewer and water. To qualify for Cluster Development Overlay a site must be served by public sewer and water.
I.
Impervious surface coverage. The maximum allowable impervious surface coverage of the developable area shall not exceed that allowed by the underlying zoning district.
Section 3106 General requirements.
[Ord. No. 970, § 1, 6-8-1987]
A.
Open space.
1.
Not less than twenty-five (25) per cent of the total land area shall be designated as open space.
2.
No area designated as open space shall be smaller than twenty thousand (20,000) square feet.
3.
The open space shall be contiguous to the development and shall not be separated from the tract by existing roads.
4.
Consideration shall be given to the arrangement, location and landscaping of the open space so as to address its aesthetic and spatial relationship with the development clusters, the individual lots and the adjacent land uses.
5.
Open space should be arranged in such a manner so as to be within easy access and view of the dwelling units while preserving and enhancing the natural features and renewable resource potential of the site.
6.
The open space within the proposed development shall include a transition or vegetation area around the perimeter of the entire site, the width of which shall in no case be less than the front yard requirements of the underlying zoning district. Open space shall not contain any interior roads, structures, parking areas, etc., and shall consist of evergreen and deciduous plantings, earthen berms or combination thereof. Access roads to and from the site may be part of the transition area. The transition area shall be part of the open space and not part of the area assigned to residential lots, unless the lots are expanded by the width of this area and the use and function of the transition area is restricted by deed.
B.
Maintenance and care. Documentary evidence shall be filed with the Township Council indicating that provisions will be made for the perpetual maintenance and care of all common facilities and open space by the developer or a homeowner's association or similar entity.
Section 3107 Procedure for obtaining Cluster Development Overlay approval.
[Ord. No. 970, § 1, 6-8-1987; Ord. No. 1476, § 33, 6-11-2007]
A.
Application for Cluster Development Overlay approval shall be made in writing to the Township Council which shall process the application in the same manner as an application for the change in the zoning classification of property is accomplished pursuant to Article XXII of this Ordinance.
B.
The application shall be accompanied by plans and drawings sufficient to show the necessity and desirability of application of the cluster concept to the land involved and to show generally the concept of the development which the applicant plans for the land.
C.
The Council shall refer each request to the Plymouth Township Planning Agency and Montgomery County Planning Commission at least thirty (30) days prior to the public hearing on the request.
D.
In approving any such application for Cluster Development Overlay, the Council may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this Ordinance, one of which conditions shall be that the applicant shall develop the land in conformity with the plan of development submitted and on which the Cluster Overlay was approved.
E.
Approval of the Cluster Development Overlay for a tract shall not constitute approval of land development or subdivision. The applicant shall be required to obtain necessary approvals in accordance with the provisions of the Plymouth Township Subdivision and Land Development Ordinance.
Section 3108 Perpetual maintenance of open space.
[Ord. No. 970, § 1, 6-8-1987]
The approval of the land development or subdivision for development constructed under a Cluster Development Overlay shall be conditioned on the requirement for the recording, simultaneously with the recording of the land development and/or subdivision plan, of a document approved by the Township Council providing for perpetual maintenance and care of common facilities and open space.
Section 3109 Expiration of Cluster Development approval.
[Ord. No. 970, § 1, 6-8-1987]
The approval of a Cluster Development Overlay shall expire if the applicant fails to secure a building permit within five (5) years from the date of authorization thereof.