Upper Frederick Township
City Zoning Code
City Zoning Code
ARTICLE X
R-80 Land Preservation District
§ 285-88 Declaration of legislative intent.
[Amended 4-9-2025 by Ord. No. 2025-06]
In expansion of the declaration of legislative intent found in Article I, § 285-2, of this chapter, and the statement of community development objectives found in Article I, § 285-3, of this chapter, the primary purpose of the R-80 Land Preservation District (LPD) is to preserve open land, sensitive natural areas, and rural community character. Specific objectives are as follows:
A.
To preserve open land, including those area containing unique and sensitive natural features such as woodlands, steep slopes, streams, floodplains and wetlands, by setting them aside from development.
B.
To preserve scenic views and elements of the Township's rural character, and to minimize density.
C.
To implement the goals of the Township's comprehensive plan and open space/recreation plan.
D.
To reduce erosion and sedimentation by the retention of existing vegetation and the minimization of development on steep slopes.
E.
To create new woodlands through natural succession and reforestation where appropriate, and to encourage the preservation and improvement of habitat for various forms of wildlife.
F.
To preserve areas of the Township with productive agricultural soils for continued or future agricultural use, by preserving blocks of land large enough to allow for efficient farm operations.
G.
To preserve for the preservation and maintenance of open land within the Township to achieve the above-mentioned goals and for active or passive recreation use by residents.
§ 285-89 Permitted uses.
[Amended 7-8-1993 by Ord. No. 93-1; 11-14-1996 by Ord. No. 96-6; 9-14-2000 by Ord. No. 00-3; 8-14-2003 by Ord. No. 03-04; 1-14-2010 by Ord. No. 2010-01; 4-9-2025 by Ord. No. 2025-06]
Land in the R-80 Land Preservation District may be used for the following purposes:
A.
Residential development and related open land.
(1)
Single-family detached dwellings shall be permitted at a maximum density of one dwelling unit per two acres of net lot area.
B.
Rural lotting. Tracts of 60 acres or more may be subdivided into rural lots of a minimum of 30 acres each, in compliance with the rural lotting standards found in § 285-99, herein, for the following purposes:
(1)
Agricultural activities of the following types:
(a)
The cultivation, harvesting and sale of crops and related farm products.
(b)
The raising and sale of livestock or flow, along with associated pasture and grazing land.
(c)
Orchards, nurseries, greenhouses and related horticultural uses.
(2)
Single-family detached dwellings, one per rural lot.
(3)
Open space uses, primarily passive in nature, including wildlife sanctuary, forest preserve, nature center and similar uses.
(4)
Game farm, fish hatchery, hunting or fishing preserve; or similar uses designed for the protection or propagation of wildlife.
(5)
Parks and recreation areas in compliance with the standards and criteria of Article XIV, Institutional and Recreational District, when approved by the Board of Supervisors in compliance with § 285-123 of Article XIV.
C.
Agriculture.
D.
Accessory uses. Accessory uses shall be permitted on the same lot with and customarily incidental to any permitted use, in compliance with § 285-62, Accessory uses, of this chapter.
E.
Elder cottages, as defined herein, are only permitted by special exception, subject to the regulations contained in § 285-76 of this chapter.
F.
Cellular communication tower, subject to the provisions of § 285-67C.
G.
No-impact, home-based business.
§ 285-90 Inventory, analysis and optional and required sketch plans.
The initial formal application for any subdivision shall include an inventory and analysis of the site. The following site elements shall be inventoried and mapped in sufficient detail to allow evaluation of the plan relative to the intent of this district. Where a conflict occurs between these standards and those of Chapter 240, Subdivision and Land Development, the stricter requirement shall prevail.
A.
Physical resources. Identification of resources associated with the natural environment of the tract, including geology, topography, soils, hydrology and vegetation. These features shall be mapped at a scale of not less than one inch equals 100 feet, and shall be briefly described. The maps shall include:
(1)
Topographic contours at ten-foot intervals, showing rock outcrops and slopes of more than 15%, in compliance with the Steep Slope Conservation District, Article XV, of this chapter. Applicants are encourage to use two-foot contours drawn from aerial photographic sources because of their increased accuracy and practicality.
(2)
Soil type locations and a table identifying soil characteristics relating to agricultural capability, seasonal high water table, depth to bedrock and suitability for onsite disposal systems, as per the Montgomery County Soil Survey.
(3)
Hydrologic characteristics of the site, including surface water bodies, floodplains and hydric soils. If a wetlands survey is not provided initially, it shall be provided as part of the preliminary plan submission.
(4)
Vegetation of the site, defining location and boundaries of woodland areas and vegetation associations in terms of species and size.
B.
Land use. Current land use and land cover (cultivated areas, paved areas, pastures, etc.), all buildings and structures on the land, and all encumbrances, such as easements or covenants.
C.
Visual resources. Scenic views onto the tract from surrounding roads and public areas, as well as view of scenic features from within the tract.
D.
Cultural and historic resources. Brief description of historic and cultural character of buildings, and structures, if applicable.
E.
Context. General outlines of buildings, land use and natural features such as water bodies or wooded areas, roads and property boundaries within 500 feet of the tract. This information may be presented on an aerial photograph at a scale of not less than one inch equals 400 feet.
F.
Optional sketch plan. The applicant is strongly urged but not required to submit a sketch plan based on the inventory and analysis for any development in the land preservation district, in order to resolve design issues before investing in engineered preliminary plans.
G.
Required sketch plan. A sketch plan for ultimate development shall be submitted and approved prior to phasing of preliminary or final plans in accord with § 285-97, herein.
§ 285-91 (Reserved) [1]
[Amended ]
[1]
Editor's Note: Former § 285-91, Neighborhood design standards, as amended 7-8-1993 by Ord. No. 93-1, was repealed 4-9-2025 by Ord. No. 2025-06.
§ 285-92 (Reserved) [1]
[1]
Editor's Note: Former § 285-92, Open land standards, as amended 7-8-1993 by Ord. No. 93-1, was repealed 4-9-2025 by Ord. No. 2025-06.
§ 285-93 (Reserved) [1]
[1]
Editor's Note: Former § 285-93, Ownership and maintenance of common facilities and open land, as amended 7-8-1993 by Ord. No. 93-1, was repealed 4-9-2025 by Ord. No. 2025-06.
§ 285-94 Density and dimensional standards.
[Amended 7-8-1993 by Ord. No. 93-1; 8-14-2003 by Ord. No. 03-04; 3-8-2007 by Ord. No. 2007-04; 1-14-2010 by Ord. No. 2010-01; 4-9-2025 by Ord. No. 2025-06]
All development and use of land within the R-80 Land Preservation District, except rural lotting, shall comply with the applicable requirements of this section.
A.
Single-family detached dwellings.
(1)
Single-family detached dwellings in compliance with § 285-89A(1):
Conventional | |
|---|---|
Minimum tract size | — |
Minimum common open space land (% of gross lot area) | — |
Maximum density (based on net lot acreage) | 1 DU/2 acres |
Minimum lot size | 80,000 square feet |
Maximum lot size | — |
Minimum lot width | 200 feet |
Minimum front yard | 200 feet |
Minimum side yard | 40 feet each |
Minimum rear yard | 60 feet |
Maximum building coverage (% of net lot area) | 5% |
(2)
For conventional lotting, the installation of sidewalks along roads external to the site may be waived by the Board of Supervisors when the applicant provides an easement 50 feet wide along the street's ultimate right-of-way for trail, path or walkway use.
B.
Reserved.
C.
Reserved.
D.
Reserved.
§ 285-95 Sewage and water facilities.
[Amended 4-9-2025 by Ord. No. 2025-06]
A.
Water supply.
(1)
Dwellings on lots of 40,000 square feet or more may be served by individual onlot wells.
B.
Sewage disposal.
(1)
Dwellings on lots of less than 80,000 square feet shall be served by centralized, common or shared sewage disposal systems.
C.
All sewage disposal shall conform to the Townships Official Sewage Facilities Plan (Act 537), as amended, and may include the following alternatives:
(1)
Public sewers where available.
(2)
Individual onlot systems, employing subsurface disposal or spray irrigation on open land.
(3)
Centralized, community or shared systems employing subsurface disposal or spray irrigation on open land or stream discharge.
§ 285-96 Conditional use standards and criteria for conventional lotting.
[Amended 7-8-1993 by Ord. No. 93-1; 4-9-2025 by Ord. No. 2025-06]
In order to use conventional lotting on tracts of 10 acres or more for single-family detached dwellings with no common open land, in compliance with § 285-89A(1)(a)[2], herein, the applicant must demonstrate to the satisfaction of the Board of Supervisors, conformance with the following standards and criteria:
A.
Where the property is wholly or partially in agricultural use, that the property is not feasible for continued or future agricultural use due to its physical characteristics. Existing features such as soil conditions, rock outcroppings, wooded areas, the tract's shape or size, past farming activities, and suitability for efficient use of farm machinery shall be considered.
B.
The proposed development will not have a disruptive effect on the existing topography, floodplains, wetlands, mature woodlands or other natural features on the site.
C.
A complete environmental and visual inventory of the site has been submitted, as specified in § 285-90, herein.
D.
The proposed development shall be consistent with good design principles and land development practices. Specifically, it shall be designed to minimize view of dwellings from exterior roads and to avoid "stripping out" of lots along these roads. Minimum building setback lines from the external road ultimate right-of-way and other tract boundaries shall be as required in § 285-94C(1) and (2), herein.
E.
The tract in question can be developed in a manner consistent with community goals as expressed in the Comprehensive Plan/Open Space Plan.
§ 285-97 (Reserved) [1]
[1]
Editor's Note: Former § 285-97, Phasing of ultimate development, as amended, was repealed 4-9-2025 by Ord. No. 2025-06.
§ 285-98 (Reserved) [1]
[1]
Editor's Note: Former § 285-98, Preneighborhood lotting standards and criteria, as amended 7-8-1993 by Ord. No. 93-1, was repealed 4-9-2025 by Ord. No. 2025-06.
§ 285-99 (Reserved) [1]
[1]
Editor's Note: Former § 285-99, Rural lotting standards, as amended 7-8-1993 by Ord. No. 93-1; 8-14-2003 by Ord. No. 03-04, was repealed 4-9-2025 by Ord. No. 2025-06.
§ 285-100 Flag lotting requirements.
[Added 4-13-2000 by Ord. No. 00-1; amended 3-8-2007 by Ord. No. 2007-04]
Flag lots are permitted for tracts of land existing at the time of the adoption of this section, which meet the dimensional requirements of this chapter, and the standards outlined in § 285-50.
