[1]
Editor's Note: Former Part 9, Cluster Development, adopted by Ord. 9-94, 4/7/1993, §§ 901-910, was repealed by Ord. 2003-4, 6/18/2003, § 2.
Upper Macungie Township
City Zoning Code
City Zoning Code
PART 9
CONSERVATION DESIGN DEVELOPMENT 1
§ 27-901 Purposes.
[Ord. 2003-4, 6/18/2003, § 2; as amended by Ord. 2013-1, 3/7/2013]
To allow flexible development of areas with environmentally sensitive natural features to: a) avoid severe soil erosion and sedimentation; b) encourage development in areas that are more physically suited to this type of development; c) avoid construction on steep slopes; d) preserve forested areas and farmland; e) preserve significant land areas as a conservation area; and f) provide additional active and passive recreation and access to natural open space.
§ 27-902 Applicability.
[Ord. 2003-4, 6/18/2003, § 2]
An applicant may process an application for a conservation design development subdivision if the subject tract contains significant natural features such as woodlands, floodplain, karst features, streams or natural ponds and springs. The benefits of the conservation design approach will prevent the loss of natural features and preserve significant conservation areas. A sketch plan shall be submitted identifying conservation area(s) and significant natural features. The design of each plan shall conform to all requirements of the Zoning Ordinance and Subdivision and Land Development Ordinance relating to dimensional requirements and design standards except as they may be altered by this Part.
A.
Definitions.
(1)
The term "conservation design development" shall refer to a residential development which satisfies all of the requirements of this Part. A conservation design development in the RU3, RU1.5 and R1 Districts shall only provide for the construction of single-family detached dwellings. A conservation design development in the R2, R3, R4 and R5 Districts may provide for the construction of either single-family attached dwellings, single-family detached dwellings or a combination of both dwelling types and apartments; however, a conservation design development shall not provide for a combination of apartments with any other type of dwelling.
[Amended by Ord. 2013-1, 3/7/2013]
(2)
The use of "environmentally sensitive area" within this Part shall refer to lands characterized by either steep slopes, floodplains, wetlands, current or former landfill areas, or sinkhole activity.
(3)
In the context of computing density for conservation design development, the term "Total Tract Area" shall not include areas within the existing or ultimate rights-of-way for existing streets, areas within an easement for existing overhead electric transmission lines or underground gas transmission lines or existing areas within the one-hundred-year floodplain or areas determined to be wetlands. The Total Tract Area shall be computed as shown in the example below:
[Amended by Ord. 2013-1, 3/7/2013]
Sample: | ||||
Gross Deed Area | 70 acres | (the total area of the tract as in the deed of record) | ||
[Minus] | Street Rights-of-Way | -7 acres | (for existing roads using right-of-way dimensions from § 27-805 of this Chapter) | |
[Minus] | Transmission Line Easements | -4 acres | (for existing utilities as noted in this section) | |
[Minus] | Wetlands and Floodplains | -9 acres | ||
Total Tract Area = | 50 acres | |||
B.
A tract of land may be eligible for a conservation design development if it includes a minimum Gross Deed Area of 20 acres in common ownership. This tract shall be contiguous; however, portions of the tract may be separated by proposed streets or existing streams. Tracts separated by an existing public street may be developed as a single development, provided that the minimum Gross Deed Area is achieved on each side of the street.
[Amended by Ord. 2013-1, 3/7/2013]
C.
The conservation design development shall be designed as a unified, coordinated residential development and shall be approved by a development plan involving a single development entity. The developer may sell individual lots or phases to different builders, provided that the developer or his/her successors remain responsible for ensuring compliance with the approved development plan.
(1)
Conservation design developments shall satisfy all of the conditions for a subdivision as are set forth in the Upper Macungie Township Subdivision and Land Development Ordinance as well as all requirements of the Zoning Ordinance of Upper Macungie Township except for minimum lot area, lot width and setback; these dimensions as they apply to a conservation design development are contained in Table 9.1.
§ 27-903 Dimensional Requirements.
[Ord. 2003-4, 6/18/2003, § 2; as amended by Ord. 2005-8, 12/1/2005 § 2]
If approved as a conservation design development (CD), the minimum lot area, minimum lot width and minimum setbacks of the following districts may be reduced as shown in Table 9.1 below. Unless followed by an asterisk(*), a conservation design development is only permitted in a zoning district if served by both public water and sewer.
Table 9.1. Table of Dimensional Requirements | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District | Conventional Minimum Lot Area (square feet) | Conventional Minimum Lot Width (feet) | Permitted Minimum Lot Area in CD (square feet) | Permitted Minimum Lot Width in CD (feet) | Minimum Average Lot Area in CD (square feet) | Permitted Minimum Setbacks in CD (feet) | |||||
RU3* | 130,680 | 250 | 43,560 | 150 | 87,000 | No reduction | |||||
RU1.5* | 65,000 | 175 | 43,560 | 150 | 55,000 | No reduction | |||||
RU1.5 public water & sewer required | 43,560 | 150 | 35,000 | 130 | 38,000 | No reduction | |||||
R1 | 20,000 | 120 | 15,000 | 100 | 17,000 | No reduction | |||||
Areas zoned R1 which are outside of the 537 Public Sewer Service Area having a portion of the property located within 1,000 linear feet of an existing public sewer | 43,560 | 120 | 20,000 | 120 | 40,000 | No reduction | |||||
R2 | 16,000 | 100 | 11,000 | Side: 10 Front: 25 Rear: 25 | |||||||
a) | Single | a) | 10,000 | a) | 80 | ||||||
b) | Twin | b) | 6,000 | b) | 40 | ||||||
R3 | |||||||||||
a) | Single | a) | 14,000 | a) | 80 | a) | 8,000 | a) | 70 | 9,000 | Side: 10 Front: 25 Rear: 20 |
b) | Twin | b) | 8,000 | b) | 40 | b) | 5,000 | b) | 40 | ||
R4 | |||||||||||
a) | Single | a) | 12,000 | a) | 80 | a) | 6,500 | a) | 60 | 8,000 | Side: 10 Front: 25 Rear: 20 |
b) | Twin | b) | 6,000 | b) | 40 | b) | 4,500 | b) | 35 | ||
R5 | |||||||||||
a) | Single | a) | 8,000 | a) | 75 | a) | 6,000 | a) | 60 | 6,000 | Side: 10 Front: 20 Rear: 20 |
b) | Twin | b) | 5,000 | b) | 30 | b) | 4,000 | b) | 30 | ||
§ 27-904 Apartments.
[Ord. 2013-1, 3/7/2013[1]]
If approved as a conservation design development (CD), then a land development composed of apartments shall be subject to the following requirements.
A.
An apartment conservation design development shall be afforded with the following relief from Part 4, § 27-402KKK(2) of the Upper Macungie Township Zoning Ordinance:
(1)
Building Size Requirements.
(a)
Maximum building length: 225 feet.
(b)
Maximum building height: 50 feet maximum building height with a maximum of three stories for a principal building; 60 feet maximum building height with a maximum of four stories for a principal building on a tract(s) with a minimum gross deed area of 40 acres; 25 feet and one story for an accessory structure regardless of gross deed area.
[Amended by Ord. 2015-5, 6/23/2015]
(c)
Maximum building width: 80 feet.
(2)
The maximum number of dwelling units within any building or within attached buildings shall be 26 units for a three-story building and shall be 40 units for a four-story building.
[Amended by Ord. 2015-5, 6/23/2015]
(3)
Maximum tract area for R3 and R4 Zones: no maximum tract area.
(4)
Density/Buildable Area. The "buildable area" as set forth in § 27-402KKK(2) shall be divided by the following amount of square feet per dwelling unit to determine the maximum permitted number of dwelling units within the tract.
R-3 District | 5,000 square feet | |
R-4 District | 4,000 square feet | |
R-5 District | 3,000 square feet |
B.
An apartment conservation design development shall comply with the following requirements which are in addition to the requirements of Part 4, § 27-402KKK(2) of the Upper Macungie Township Zoning Ordinance.
(1)
Building Setback and Separation.
(a)
Minimum setback for apartment buildings, whichever is most restrictive:
1)
For principal buildings, from all exterior lot lines (other than that of a single-family detached dwelling) and from all existing street rights-of-way (other than expressways) exterior to the tract: 50 feet.
2)
For principal buildings, from the lot lines of an existing single-family detached dwelling or the existing right-of-way of an expressway: 100 feet.
3)
For principal buildings, from an interior private road constructed within the tract: 30 feet.
4)
For accessory structures, from all lot lines exterior to the tract, including existing street rights-of-way: 35 feet, unless said accessory structure is designated for off-street parking; bus-stops; and/or screening for refuse containers.
5)
All principal and accessory structures shall be set back at least five feet from any easement. This shall apply in addition to any required setback.
(b)
Separation.
1)
There shall be a separation between each principal building as follows:
a)
For principal buildings having a maximum height of 40 feet or less, the separation between buildings shall be a minimum of 25 feet.
b)
Principal buildings have a maximum height of more than 40 feet but less than 50 feet; the separation between buildings shall be a minimum of 40 feet.
[Amended by Ord. 2015-5, 6/23/2015]
c)
Principal buildings have a maximum height of more than 50 feet, the separation between buildings shall be a minimum of 50 feet.
[Added by Ord. 2015-5, 6/23/2015]
2)
All buildings constructed on opposing sides of a street or road shall be constructed in an offset or staggered manner to provide residents with a clear line of sight.
(2)
Street Rights-of-way.
(a)
In order to allow access for emergency response vehicles, all streets, roads and driveways serving the apartment development, whether private or public, shall have a minimum paved width of 30 feet. Said 30 feet shall exclude any paved areas designated for on-street parking.
(b)
Apartment conservation design developments shall have a street system which provides for at least two points of access to the development. The street system must include a collector road to provide sufficient emergency access as determined by the Township Fire Commissioner in his sole discretion. If a project is to be developed in phases, the project must provide for at least two points of access for the first phase, with said access points being maintained throughout the development of all phases of the project.
§ 27-905 Conservation Area.
[Ord. 2003-4, 6/18/2003,§ 2; as amended by Ord. 2013-1, 3/7/2013]
1.
A conservation design development must provide a minimum of 30% of the total tract area as conservation area, which shall be preserved on private property by a recorded covenant running with the land or a deed of dedication of the land to the Township. The manner in which this conservation area shall be preserved shall be determined by the Board of Supervisors, at its sole discretion.
A.
Minimum conservation area requirements. The following conditions shall be satisfied in order for a tract of land to qualify as conservation area.
(1)
The conservation area shall not be less than 1/2 acre in size nor have any dimension of less than 30 feet. At least one conservation area parcel for each 20 acres of total tract area shall have no dimension less than 100 feet in length or depth and not be less than four acres in area. The Township shall have the discretion to consider fewer larger parcels to satisfy this requirement.
(a)
Areas within a one-hundred-year floodplain or areas identified as wetlands shall be credited for 50% of their actual area when computing the conservation area.
(b)
A conservation area which is part of a building lot or lots shall be encumbered by a recorded covenant running with the land precluding further subdivision or the location of any structure within this area. The area within the conservation area may be included in the calculation to satisfy the requirements for percentage of lot coverage. Additionally, this covenant shall preclude the erection or placement of structures or fences within the easement area. The owner of the building lot whereon conservation area is situated shall be solely responsible for the perpetual maintenance of the conservation area. Should the property owner fail to properly maintain the area, the Township shall have the right, but not the responsibility, to enter upon the area for the purpose of performing the necessary maintenance and be reimbursed for costs incurred in performing this maintenance. Should the Township not be reimbursed, it shall have the right to file a municipal lien against such property and thereafter to exercise its remedies in accordance with the provisions of the Second Class Township Code.
(2)
A conservation area shall be established in order to protect environmentally sensitive areas, provide privacy by the creation of buffer areas and/or to preserve farmland and/or to provide active or passive recreation areas in excess of the requirements of the Subdivision and Land Development Ordinance (SALDO).[1] The Township encourages the location of larger conservation area tracts to be contiguous with lands located in an agricultural security area and/or other conservation areas. The ultimate location of any conservation area shall be determined by the Township to be satisfactory in order for a tract of land to qualify as a conservation area.
(3)
Land areas situate within a required fence for a detention pond shall not be included in the calculation of the minimum conservation area requirement. The Township may, at its discretion, allow a detention pond to be constructed within a designated conservation area which will thereafter be owned and maintained by the Township.
(4)
All conservation areas shall have a minimum of 30 feet of frontage on a public road.
2.
Conservation area parcels offered in dedication to the Township shall either be suitable for agricultural uses or cultivation or to provide for a natural area with minimal maintenance or to provide public recreation in addition to the requirements for apartments in the SALDO[2] if the conservation area is improved and dedicated to and accepted by the Township for its intended recreation purposes.
§ 27-906 Density.
[Ord. 2003-4, 6/18/2003, § 2; as amended by Ord. 2005-8, 12/1/1985, § 2; by Ord. 2013-1, 3/7/2013]
The permitted maximum number of dwelling units shall be computed by taking the "total tract area," as defined in § 27-902A, deducting the thirty-percent conservation area requirement, and further reducing the area by deducting 15% for required rights-of-way and easements for the proposed development. That number shall then be divided by the minimum average lot area, as shown in Table 9.1, for the zoning district where the proposed conservation design development is situated. The sample below shows how to determine maximum density and the minimum conservation area requirement. The inability to achieve the permitted density shall not be cause for filing an appeal to the Zoning Hearing Board of Upper Macungie Township.
Sample: R2 District | |||
Total tract area | 50 acres | ||
[Minus] | Conservation Area Requirement | -15 acres | (50 x 0.30) |
Subtotal | 35 acres | (50 - 15) | |
[Minus] | Right-of-way and easements | -7.5 acres | (50 x 0.15) |
Subtotal Tract Area | 27.5 acres | (35 - 7.5) | |
Minimum Average Lot Area (from Table 9.1 used to determine density using minimum conservation area requirement) | 0.2525 acre | (11,000 square feet ÷ 43,560 square feet) | |
Density = (27.5 ÷ 0.2525) [Subtotal tract area above divided by minimum (average) lot area.] | |||
Density = 108.9 dwelling units | |||
Sample: R1 District Areas Outside of 537 Public Sewer Service Area, and which are within 1,000 LF of Public Sewer System | ||
Total tract area | 50 acres | |
Conservation Area Requirement | -15 acres | (50 x 0.30) |
Subtotal | 35 acres | (50 - 15) |
Right-of-way and easements | -7.5 acres | (50 x 0.15) |
Subtotal Tract Area | 27.5 acres | (35 - 7.5) |
Minimum Average Lot Area (from Table 9,1 used to determine density using minimum conservation area requirement) | 0.91 acre | (40,000 square feet ÷ 43,560 square feet) |
Density = (27.5 ÷ 0.91) = 29.67 (Subtotal tract area above divided by minimum average lot area.) | ||
Density = 30 dwelling units | ||
Sample: Apartments | ||||
Total tract area | 50 acres | |||
[Minus] | Conservation Area | -15 acres | (50 x 0.30) | |
Subtotal | 35 acres | |||
[Minus] | Right-of-way and easements | -7.5 acres | (50 x 0.15) | |
Subtotal Tract Area | 27.5 acres | (35 - 7.5) | ||
Density Calculation: | 27.5 x 43,560 ÷ (square footage area per unit in square feet) | |||
R3 = 5,000 square feet | ||||
R4 = 4,000 square feet | ||||
R5 = 3,000 square feet | ||||
Total Density | 1,197,900 square feet ÷ 5,000 = 239.6 (299) units - R-3 | |||
1,197,900 square feet ÷ 4,000 = 299.4 (299) units - R-4 | ||||
1,197,900 square feet ÷ 3,000 = 399.3 (399) units - R-5 | ||||
§ 27-907 Design Requirements.
[Ord. 2003-4, 6/18/2003 § 2]
In addition to other requirements of the Zoning Ordinance or Subdivision and Land Development Ordinance which may be applicable for standard design requirements, the following design standards shall apply to all conservation design developments.
A.
No residential lot shall have direct access on or to a collector or arterial street.
B.
The minimum lot size and width requirements shall not permit creation of a lot that cannot meet the requirements for driveway offset from an intersection.
C.
A buffer yard meeting the requirements of Subsection 3C and D of § 27-803 of the Zoning Ordinance, 15 feet in width, shall be required in order to separate a conservation area from a residential lot. A buffer yard shall not be required in order to separate contiguous land currently situated in an agricultural security area or conservation area preservation area.
D.
A conservation design development shall be separated from existing residential development by a conservation area easement of at least 30 feet in width containing a ten-foot-wide buffer planting area designed as required in the section above.
E.
A conservation design development shall have an interior public street system which provides for at least two points of access to the development. The public street system must include a collector road meeting all of the requirements of the Upper Macungie Township Subdivision and Land Development Ordinance.
F.
A lot required to have a larger minimum lot area under § 27-505 of the Zoning Ordinance due to steep slopes shall not be permitted to be reduced in lot area under this Part. The lot configuration may be revised to relocate proposed building sites whereby the requirements of § 27-505 will not be applicable.
G.
The conservation design development shall not provide for the location of wetlands or karst features on any residential lot unless they are within a conservation area easement.
H.
Woodland preservation areas protected by a covenant running with the land may be included in the calculation for the conservation area with 50% of the woodland preservation areas receiving credit as conservation area. Tree conservation areas shall not be calculated as conservation area unless other requirements of the within section have been satisfied.
§ 27-908 Phasing.
[Ord. 2003-4, 6/18/2003, § 2]
Any phasing of a conservation design development shall be submitted to the Board of Supervisors for approval with the preliminary plan submission. Such phasing shall ensure that each such phase shall meet the density and minimum conservation area requirements of this Part. All such phases shall be designed to ensure that, after each phase is constructed and accepted by the Township, that phase shall properly and safely function without the construction of additional phases. Any proposed collector roads shall be constructed in their entirety as part of the first phase of any conservation design development.
§ 27-909 Appeals.
[Ord. 2003-4, 6/18/2003, § 2]
The application to the Upper Macungie Township Zoning Hearing Board for an interpretation or variance regarding any provision of this Part shall include an advisory opinion of the matter issued by the Upper Macungie Township Planning Commission.