Upper Allen Township Cumberland County
City Zoning Code
City Zoning Code
ARTICLE XI
Conservation Design Overlay District CSO
§ 245-11.1 Purpose.
The Conservation Design Overlay District is intended to provide greater design flexibility, efficiency and options for conserving open land and areas containing unique and sensitive natural features and reducing the infrastructure needs of development. The district regulations implement adopted objectives in the Upper Allen Comprehensive Plan, as amended, and the Upper Allen Comprehensive Recreation and Open Space Plan, as amended, including:
A.
To create new residential development and neighborhoods that are harmonious with the landscape and preserve tree cover and other important natural amenities found within the Township.
B.
To preserve natural amenities, such as streams, floodplains, wetlands and wooded areas, and incorporate these features into development plans to serve as open space and greenways and to provide a link to other similar areas.
C.
To work with landowners and developers to explore alternatives to conventional residential subdivisions.
D.
To preserve and enhance scenic qualities along and from major roadways.
E.
To encourage the design of new development to complement the Township's scenic and historic character.
F.
To establish low- and moderate-growth land uses with cluster development to preserve open space, promote sustainable agriculture, and protect natural resources.
G.
To promote a greenway system along stream corridors, to enhance flood control and water quality that would interconnect with a county greenway system, if developed, and adjoining municipality parks, to the extent possible.
§ 245-11.2 Area of application.
A.
The Conservation Design Overlay District applies to the R-1 and R-2 District tracts of land or parcels containing areas designated for greenway and trail links and corridors as shown on the Greenway/Trail Map for Upper Allen Township in the Upper Allen Township Comprehensive Recreation and Open Space Plan.
B.
Conservation subdivisions are allowed by right in the any R-1 or R-2 District of the Township and in accordance with the regulations of this article.
§ 245-11.3 Development options; use and lot requirements.
A.
The following two options shall be permitted by right in the R-1 and R-2 Districts.
(1)
Option 1, Neutral Density and Basic Conservation, provides single-family detached residential uses at the density permitted by the underlying district. The required lot sizes in the underlying district are reduced to accommodate the minimum open space required for the conservation subdivision.
(2)
Option 2, Enhanced Density with Greater Conservation, provides for a larger percentage of the tract to remain in open space, in exchange for higher densities of residential uses than Option 1.
B.
Determination of the minimum greenway area and the maximum development area, including the maximum permitted residential density, shall be by the adjusted tract method or the yield method in accordance with § 245-11.7 herein. The greenway requirement shall be the minimum open space requirement (percentage of the adjusted tract area) plus all of the constrained land. The minimum open space requirements by underlying zoning district shall be as follows:
C.
The density factor to be applied for the calculation of the maximum residential density in the development area shall be in accordance with the following standards. To provide space for parking, stormwater management and buffering, each acre of nonresidential use shall be equal to four residential development rights in Option 1 and five residential development rights in Option 2 and shall be subtracted from the maximum residential density.
D.
The permitted, special exception and conditional uses for the development area shall be in accordance with the underlying district.
(1)
In addition, the following permitted and special exception uses shall be allowed in the greenway areas.
(a)
Permitted uses:
[1]
Conservation of open land in its natural state (for example, woodland, fallow field or managed meadow).
[2]
Agricultural and horticultural uses, including raising crops, wholesale nurseries, associated buildings. Specifically excluded are commercial livestock operations involving swine, poultry, mink and other animals likely to produce highly offensive odors.
[4]
Low-impact passive recreational uses, specifically excluding motorized off-road vehicles, rifle ranges, and other uses similar in character and potential impact. If a property contains a segment of greenway or trail shown on the Greenway/Trail Map for Upper Allen Township in the Upper Allen Township Comprehensive Recreation and Open Space Plan, the segment shall be part of the greenway area.
[5]
Active noncommercial recreation areas, such as playing fields, playgrounds, courts and bikeways, provided such areas do not consume more than half of the minimum required greenway land or five acres, whichever is less. Playing fields, playgrounds and courts shall not be located within 100 feet of abutting properties. Parking facilities for the same shall also be permitted, and they shall generally be gravel-surfaced, unlighted, properly drained and provide safe ingress and egress.
[6]
Water supply and sewage disposal systems and stormwater detention areas designed, landscaped and available for use as an integral part of the greenway.
(2)
No more than one principal use shall occupy a lot in the development area. The following standards shall apply to developments where both residential and nonresidential lots are occupying the development area.
E.
Developments in the CSO District shall meet the general regulations and design standards for conservation subdivisions in accordance with § 245-11.8 herein and the following dimensional requirements.
(1)
Minimum requirements for single-family detached dwelling units.
(a)
Lot area. To maximize flexibility in design, no minimum lot sizes shall be required; with the exception that for lots using on-lot wastewater disposal systems, the minimum lot size shall be the size required by the Township Sewage Enforcement Officer. The septic field may be located on the conservation area if it is held as common open space in the development.
(b)
Setback requirements. Single-family detached residential units shall meet the setback requirements in § 245-5.4.B.
(c)
Lot coverage. Not more than 50% of the lot area shall be occupied by buildings, and no more than 60% shall be occupied by impervious surface.
(2)
All nonresidential uses and residential dwelling unit types other than single-family detached units shall meet the minimum lot and dimensional requirements of the underlying district.
(3)
No more than 4% of the greenway area shall be occupied by buildings and impervious surface.
(5)
Building height limits. The building height limit for uses shall be in accordance with the limits of the underlying district.
F.
Water and wastewater system. Lot size plus soil conditions shall be the determining factor for the need for public water, public sewer, an approved community water and/or wastewater treatment system, or on-lot systems. The final approval of the community system or on-lot systems shall be by the Board of Commissioners of Upper Allen Township, based on review by the Township Engineer and/or Sewage Enforcement Officer and concurrence from the Pennsylvania Department of Environmental Protection. Minimum lots sizes shall be adjusted, based on the approved systems.
§ 245-11.4 Sign requirements.
Signs shall be permitted in accordance with Article XVIII, Signs, of this chapter.
§ 245-11.5 Off-street parking requirements.
Off-street parking and access requirements shall be provided in accordance with Article XVII, Off-Street Parking and Loading, of this chapter.
§ 245-11.6 Greenway area standards.
A.
Greenway lands shall be laid out where possible to form an interconnected network of open space. The required greenway land consists of all constrained land.
B.
Options 1 and 2 greenway land shall generally remain undivided and may be owned and maintained by a homeowners' association, land trust, another conservation organization recognized by the municipality, or by a private individual (typically as part of the original farmhouse). However, in no case shall less than 30% of the land comprising the adjusted tract area be available for the common use and passive enjoyment of the subdivision residents. These ownership options may be combined so that different parts of the greenway land may be owned by different entities in accordance with § 245-11.10 herein.
C.
Up to 5% of the total tract acreage in any of the options may be subject to the Township's public land dedication requirement (typically to provide potential connections with the Township's long-range trail and greenway network).
D.
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). 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 "no-mow" policies and the periodic removal of invasive alien plant and tree species.
E.
No portion of any building lot may be used for meeting the minimum required greenway land. However, active agricultural land with farm buildings, excluding areas used for residences, may be used to meet the minimum required greenway land.
§ 245-11.7 Conservation/greenway area, development area, and density determinations for Options 1 and 2 conservation subdivisions.
[Amended 3-5-2025 by Ord. No. 844]
Applicants shall use one of two methods to determine the minimum conservation area in the case of the A District or a greenway area for other districts; the maximum development area and the permitted residential building density for conservation subdivisions: the adjusted tract area approach or the yield plan approach.
A.
Adjusted tract area approach. The adjusted tract area equals the gross tract area minus the constrained land (described below).
(1)
Constrained land equals the sum of the following:
(a)
All land within the rights-of-way of existing public streets or highways.
(b)
All land under existing private streets.
(c)
Wetlands: Multiply the acreage of designated wetlands by 0.80.
(d)
Floodway: Multiply the acreage within the floodway by 1.00.
(e)
Floodplains: Multiply the nonwetland portion of the one-hundred-year floodplain by 0.50.
(f)
Steep slopes from 15% to 25%: Multiply the acreage of land with natural ground slopes of 15% to 25% by 0.25.
(g)
Steep slopes greater than 25%: Multiply the acreage of land with natural ground slopes exceeding 25% by 0.80.
(h)
Extensive rock outcroppings: Multiply the total area of rock outcrops and boulder-fields more than 1,000 square feet by 0.90.
(i)
Scenic River Corridor: Multiply the acreage of land within the corridor by 1.00.
(2)
If a portion of the tract is underlain by more than one natural feature subject to a density factor, that acreage shall be subject to the most restrictive density factor.
(3)
Since acreage that is contained within the public or private rights-of-way, access easements or access strips is excluded from developable lot area, any portion of these items that also contains a natural feature subject to a deduction from the total tract acreage should not be included when calculating the adjusted tract area.
(4)
Minimum required conservation area or greenway area. The minimum required conservation area or greenway area equals the adjusted tract area times the open space percentage for selected option in the underlying district plus all constrained land.
(5)
Maximum development area. The maximum development area is the total tract area minus the conservation or greenway area.
(6)
Permitted dwelling units. The maximum number of permitted dwelling units equals the adjusted tract area divided by the density factor for the selected option in the underlying district. See Table XI-1 to calculate maximum number of permitted dwellings.)
Table XI-1 | |||
|---|---|---|---|
Adjusted Tract Area Calculation Worksheet | |||
A | B | C | D |
Description of Constraint | Area of Site Constraint (acres) | Multiplier (resource protection factor) | Constrained Lands (acres) |
Rights-of-way of existing public streets | 1.00 | ||
Overhead utility rights-of-way, existing or proposed | 1.00 | ||
Land under existing private streets | 1.00 | ||
Wetlands | 0.80 | ||
Floodways | 1.00 | ||
One-hundred-year floodplain (excluding floodways or wetlands within floodplains) | 0.50 | ||
Steep slopes from 15% to 25% | 0.25 | ||
Steep slopes greater than 25% | 0.80 | ||
Rock outcrops and boulder fields | 0.90 | ||
Scenic river overlay | 1.00 | ||
Totals | |||
NOTES: | ||
|---|---|---|
1. | Delineate and calculate the site area of the described constraint (see Existing Resource and Site Analysis Plan in the Upper Allen Township Subdivision and Land Development Ordinance, Conservation Subdivision Plat Procedures). | |
2. | Calculate total constrained land:[1] | |
• | Insert site acreage for each factor in Column B (area of site constraint). | |
• | Take factor acreage in Column B x Column C (resource protection factor) to find Column D (constrained land). | |
• | Add all constrained lands in Column D to find total constrained land. | |
3. | To calculate the Adjusted Tract Area (ATA): | |
ATA = Gross Tract Area - Total Constrained Land | ||
4. | Calculate permitted density: | |
Permitted density = ATA/density factor | ||
5. | Calculate the minimum conservation/greenway area: | |
Required Conservation/Greenway Area = Total Constrained Land + (ATA x Open Space Percentage) | ||
6. | Calculate the maximum development area: | |
Maximum Development Area = Gross Tract Area - Minimum Required Greenway Area | ||
[1]
If a portion of the tract is underlain by more than one site constraint, that acreage shall be subject to the most restrictive multiplier.
B.
Yield plan approach. Determination of density or maximum number of permitted dwelling units shall be based upon the density factor of the chosen option applied to the gross tract acreage, as demonstrated by an actual yield plan. Yield plans shall meet the following requirements:
(1)
Yield plans must be prepared as conceptual layout plans in accordance with the standards of the Subdivision Ordinance,[2] containing proposed lots, streets, rights-of-way and other pertinent features. Although it must be drawn to scale, it need not be based on a field survey. However, it must be a realistic layout reflecting a development pattern that could reasonably be expected to be implemented, taking into account the presence of wetlands, floodplains, steep slopes, existing easements or encumbrances and, if unsewered, the suitability of soils for subsurface sewage disposal.
(2)
The yield plan must identify and demonstrate that wetlands, floodplains, steep slopes and rock outcrops could be successfully absorbed in the development process without disturbance by allocating this area to proposed single-family dwelling lots.
(a)
On sites not served by central sewage disposal, density shall be further determined by evaluating the number of homes that could be supported by individual septic systems on conventional lots. The applicant shall be required to provide evidence that 10% of lots at various locations distributed throughout the tract meet the standards for an individual septic system in order to be granted the full density determined by the yield plan. Should any of the lots in a sample fail to meet the standard for individual septic system, those lots shall be deducted from the yield plan.
(b)
Yield plan dimensional standards. The following dimensional standards shall be used in the development of yield plans for Option 1 and 2 subdivisions in the A District. The yield plan shall use the density factor of Options 1 and 2 in the R-1 and R-2 Districts as minimum lot area plus the standards of the underlying districts for other dimensional requirements. These minimum dimensions are exclusive of all wetlands, slopes greater than 25%, and land under high-tension electrical transmission lines (69kV or greater). No more than 25% of the minimum required lot area may consist of land within the one-hundred-year floodplain, and only then if it is free of wetlands.
District/Option | Lot Area (square feet) | Street Frontage (minimum) (feet) | Lot Depth (feet) | |
|---|---|---|---|---|
R-1, R-2, and Agricultural Districts | ||||
Option 1 | 80,000 | 150 | 300 | |
Option 2 | 60,000 | 125 | 250 | |
§ 245-11.8 General regulations and design standards for conservation subdivisions.
A.
Conservation subdivisions shall be governed by the following minimum general regulations:
(1)
Ownership. The tract of land may be held in single and separate ownership or in multiple ownership. However, when a tract is held in multiple ownership, it shall be planned as a single entity with common authority and common responsibility.
(3)
Intersections and access. New intersections with existing public roads shall be minimized. Although two accessways into and out of subdivisions containing more than 15 dwellings are generally required for safety, proposals for more than two entrances onto public roads shall be discouraged if they would unnecessarily disrupt traffic flow.
(4)
Sensitive area disturbance. The proposed design shall strictly minimize disturbance of environmentally sensitive areas, as shown on the existing resources and site analysis plan as required by the Upper Allen Township Subdivision and Land Development Ordinance.[2] Lands within the floodway, one-hundred-year floodplain, wetlands, slopes in excess of 15% and rock outcroppings constitute such environmentally sensitive areas where disturbance shall be strictly minimized. Demonstration by the applicant that these features will be protected by the proposed application shall be prerequisite to approval of both the preliminary plan and final plan.
(5)
Community wastewater systems. In developments that are proposed to be served by community wastewater disposal systems, the selection of wastewater treatment technique shall be based upon a thorough review and comment by the Township Sewage Enforcement Officer and Township Engineer and acceptance by the Pennsylvania Department of Environmental Protection and the Board of Commissioners of Upper Allen Township.
B.
Conservation subdivisions shall be governed by the following design standards.
(1)
All new dwellings shall meet the following setback requirements:
(a)
From all external road ultimate right-of-way: 100 feet.
(b)
From all other tract boundaries: 50 feet.
(c)
From cropland or pasture land: 100 feet.
(d)
From buildings or barnyards housing livestock: 300 feet.
(e)
From active recreation areas such as courts or playing fields (not including tot lots): 150 feet.
(f)
Minimum setbacks: Distance between residential buildings on adjacent lots, unless otherwise indicated in the zoning district, shall be not less than 10 feet; however, no residential lot shall have a minimum side setback less than five feet. A nonresidential building shall be no closer than 20 feet to an adjacent building, with no nonresidential lot having a side setback less than 10 feet.
(2)
Views of house lots from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping.
(3)
House lots shall be accessed from interior streets, rather than from roads bordering the tract.
(4)
At least three-quarters of the lots shall directly abut or face greenway land across a street.
§ 245-11.9 Conservation/greenway area easements.
Options 1, 2, and 3 conservation subdivisions. The required conservation area or greenway land shall be subject to permanent conservation easements prohibiting future development other than permitted or conditional uses.
§ 245-11.10 Ownership and maintenance of conservation and greenway areas and common facilities.
A.
Ownership options. The following methods may be used, either individually or in combination, to own common facilities (conservation areas and greenway areas). Common facilities shall not be transferred to another entity except for transfer to another method of ownership permitted under this section, and then only when there is no change in the common facilities or in the open space ratio of the overall development. Ownership methods shall conform to the following:
(1)
Fee simple dedication to Upper Allen Township. The Township may, but shall not be required to, accept any portion of the common facilities, provided that there is no cost of acquisition to the Township and the Township agrees to and has access to maintain such facilities. Furthermore, the Board may require adherence to conditions or standards set forth by the Township prior to acceptance of dedication.
(2)
Condominium association. Common facilities may be controlled through the use of condominium agreements. Such agreements shall be in accordance with relevant commonwealth law. All open land and common facilities shall be held as "common element."
(3)
Homeowners' association. Common facilities may be held in common ownership by a homeowners' association, subject to all of the provisions for homeowners' associations set forth in commonwealth regulations and statutes and the Upper Allen Township Subdivision and Land Development Ordinance. In addition, the following regulations shall be met:
(a)
The applicant shall provide the Township a description of the organization of the proposed association, including its bylaws and all documents governing ownership, maintenance and use restrictions for common facilities.
(b)
The proposed association shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before the sale of any dwelling units in the development.
(c)
Membership in the association shall be automatic (mandatory) for all purchasers of dwelling units therein and their successors in title.
(d)
The association shall be responsible for maintenance and insurance of common facilities.
(e)
The bylaws shall confer legal authority on the association to place a lien on the real property of any member who falls delinquent in his dues. Such dues shall be paid, with the accrued interest, before the lien may be lifted.
(f)
Written notice of any proposed transfer of common facilities by the association or the assumption of maintenance for common facilities must be given to all members of the association and to the municipality no less than 30 days prior to such event.
(g)
The association shall have adequate staff to administer, maintain and operate such common facilities.
(h)
Evidence shall be produced as required by the Board to demonstrate the financial viability of the homeowners' association.
(4)
Private conservation organization or the county. With permission of the Township, an owner may transfer either fee simple title of the open space or easements on the open space to a private nonprofit conservation organization or to the county, given the following conditions:
(a)
The conservation organization is acceptable to the Township and is a bona fide conservation organization intended to exist indefinitely.
(b)
The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization or Cumberland County becomes unwilling or unable to continue carrying out its functions.
(c)
The greenway land is permanently restricted from future development through a conservation easement and the Township is given the ability to enforce these restrictions.
(d)
A maintenance agreement acceptable to the Township is established between the owner and the organization or Cumberland County.
(e)
Evidence shall be provided as required by the Board of Commissioners of Upper Allen Township to demonstrate the financial viability and liability of the private conservation organization.
(5)
Dedication of easements to the Township. The Township may, but shall not be required to, accept easements for public use of any portion of the common land or facilities. In such cases, the facility remains in the ownership of the condominium association, homeowners' association or private conservation organization, while the easements are held by the municipality. In addition, the following regulations shall apply:
(6)
Non-common private ownership. The land may be owned privately, provided the conservation area or greenway is permanently restricted from future development through a conservation easement and that the Township is given the ability to enforce these restrictions.
B.
Maintenance.
(1)
Unless otherwise agreed to by the Board of Commissioners of Upper Allen Township, the cost and responsibility of maintaining common facilities and conservation or greenway land shall be borne by the property owner, condominium association, homeowners' association, or conservation organization.
(2)
The applicant shall, at the time of preliminary plan submission, provide a plan for maintenance of conservation or greenway lands and operation of common facilities, in accordance with the following requirements:
(a)
The plan shall define ownership.
(b)
The plan shall establish necessary regular and periodic operation and maintenance responsibilities for the various kinds of open space (i.e., lawns, playing fields, meadow, pasture, cropland, woodlands, etc.).
(c)
The plan shall estimate staffing needs, insurance requirements, and associated costs, and define the means for funding the maintenance of the greenway land and operation of any common facilities on an ongoing basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs.
(3)
In the event that the organization established to maintain the conservation or greenway lands and the common facilities, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the Township may assume responsibility for maintenance, in which case any escrow funds may be forfeited and any permits may be revoked or suspended.
(4)
The Township may enter the premises and take corrective action, including extended maintenance. The costs of such corrective action may be charged to the property owner, condominium association, homeowners' association, conservation organization, or individual property owners who make up a condominium or homeowners' association and may include administrative costs and penalties. Such costs shall become a lien on said properties. Notice of such lien shall be filed by the Township in the office of the prothonotary of Cumberland County.