Upper Moreland Township
City Zoning Code
City Zoning Code
ARTICLE IX
R-3A Cluster Development District
§ 350-44 Declaration of legislative intent.
In furtherance of the statement of community development objectives contained in Article I, § 350-4, of this chapter, it is hereby declared to be the intent of this article with respect to R-3A Cluster Development Districts to encourage a creative approach to the use and development of land, a more desirable visual character in residential area, a variety of housing types in the Township's neighborhoods, the creation of usable space corridors throughout the Township and more efficient development patterns in terms of roads and utilities. Specifically, this article is intended to provide for a variation in the required lot size, dwelling type and density in the R-3 Residential District on those tracts meeting the qualifying criteria as specified herein, so that desirable open space, tree cover, historic sites, recreation area, scenic vistas, stream valleys, or other lands for public purposes are preserved within these developments for the benefit of the residents of said developments and in furtherance of the general welfare of Upper Moreland Township. Any proposed development plan utilizing the requirements of this district shall be prepared in accordance with the following objectives:
A.
It will provide for the further orderly development of the Township consistent with the intent of the Township's Comprehensive Plan.
B.
It will provide for consideration and appropriate safeguarding of abutting land and neighborhoods.
C.
It will consist of a harmonious grouping of buildings, service and parking area circulation and open spaces, planned as a single unit, in such manner as to constitute a safe, efficient and convenient residential site.
D.
It will provide safe and efficient pedestrian and vehicular circulation systems within the boundaries of the site.
E.
It will provide safe and efficient ingress and egress points to and from public streets and highways serving the site without causing undue congestion or interference with normal traffic flow within the Township.
F.
It will provide adequate off-street parking areas as an integral part of the plan.
G.
It will provide for progressive, staged development, if desired by the applicant; each such stage shall be so planned that the requirements and intent of this article shall be fully complied with at the completion of any stage.
§ 350-45 Qualifying criteria for development within district.
No application for a rezoning to the R-3A Cluster Development District shall be accepted or approval of a subsequent development plan granted unless the application meets the following qualifying criteria:
A.
Tract size. The minimum tract of land proposed for development shall not be less than: 10 acres for single-family detached dwellings; 25 acres for single-family semidetached dwellings; and 25 acres for a mixed-dwelling-type development, excluding the rights-of-way of existing public roads in each case.
B.
Ownership. The tract of land to be developed shall be in one ownership, or shall be the subject of an application filed jointly by the owners of the entire tract, and it shall be agreed that the tract will be developed under a single direction in accordance with an approved plan. Development of the tract shall commence in earnest within 36 months of approval under this article, unless extended by the Township, or the approval to develop in a clustered fashion shall be void.
C.
Natural and man-made amenities. At least 15% of the gross land area of the tract to be subdivided must contain any one or combination of the following natural and man-made amenities, except for a tract complying with Subsection C(7) below:
(2)
Slopes in excess of 15%, as defined by the Soil Survey of Montgomery County, 1967.
(3)
Mature permanent vegetation considered by the Board of Commissioners to be a natural amenity worthy of preservation.
(4)
Other natural features of irreplaceable value, subject to the concurrence of the Board of Commissioners.
(5)
Historic sites as identified by the Montgomery County Resource Protection Plan or other sites supported by appropriate documentation or endorsement by local historic societies.
(6)
Land suitable for active recreational use, subject to the concurrence of the Board of Commissioners, provided that it is located adjacent to and as an integral part of the features of the site detailed in Subsection C(1) through (5) of this section or in an alternative location demonstrated by the applicant to be desirable.
(7)
If the site features identified in Subsection C(1) through (5) are not present, land may be preserved for active recreational use, provided that:
(a)
The size, shape and topography of the area to be preserved are suitable for field sports and other active uses;
(b)
Playground equipment is provided by the applicant and suitable arrangements are made for the future maintenance of said equipment; and
(c)
Appropriate landscaping is provided to delineate the boundaries of the area and to produce a parklike setting.
D.
Sewer and water facilities. The cluster development shall be served by public water facilities and public sewer facilities deemed acceptable by the Board of Commissioners, upon recommendation of the Township Engineer.
E.
Development plan. The application for development shall be accompanied by a plan or plans, in accordance with § 350-163 herein, showing the proposed use of the entire tract, which plan or plans shall also comply with all requirements of the Upper Moreland Township Land Subdivision Regulations[1] in accordance with § 350-165 herein. The plan shall clearly designate the proposed use of each area of the tract.
F.
Development stages and permits. The development of a tract carried out in either a single phase or in stages shall be executed in accordance with a development agreement. The owner, developer and Township shall enter into said agreement embodying all details regarding compliance with this article to assure the binding nature thereof on the overall tract and its development, which agreement shall be recorded with the final development plan.
§ 350-46 Use regulations.
A building may be erected, altered, or used, and a lot may be occupied or used, in whole or in part, for any of the uses permitted, as shown in the Use Matrix,[1] and no other, provided that such uses shall comply with the district regulations established in this article and all other applicable sections of this chapter. Such uses shall comply with the district regulations established in Article IV, Use Regulations (in the event of a conflict between district and use regulations, the more stringent regulation shall be applicable), and all other applicable sections of this chapter.
[1]
Editor's Note: The Table of Uses is included as an attachment to this chapter. See also Art. IV, Use Regulations.
§ 350-47 Development regulations.
The following development regulations shall apply for a proposed development plan in the R-3A Cluster Development District:
A.
Density. The maximum permitted density in the R-3A Cluster Development District shall be four dwelling units per developable acre, which shall be calculated by multiplying the gross tract acreage, excluding the rights-of-way of existing public roads and floodplain areas, by four.
B.
Lot, yard and coverage regulations. The following table shall be used to determine the lot, yard and coverage requirements in the R-3A Cluster Development District:
R-3A Cluster District Development Regulations | |||
|---|---|---|---|
Single-Family Detached | Single-Family Semidetached (per dwelling unit) | ||
Minimum lot area | 7,000 square feet | 4,000 square feet | |
Minimum lot width1 | 70 feet | 40 feet | |
Minimum lot width at right-of-way line on cul-de-sac and curvilinear road | 40 feet | 20 feet | |
Front yard2 | 25 feet | ||
Side yard width: | |||
a. | Minimum 1 side | 10 feet | 15 feet (1 side only) |
b. | Total for 2 sides | 25 feet | Not applicable |
Rear yard depth | 35 feet | ||
Maximum building coverage, per lot | 35% | ||
Minimum open space, per lot | 30% | ||
Minimum open space for a mixed dwelling development | 30% | ||
Maximum impervious surface coverage | 60% | ||
NOTES: | |
1 | Measured along the building line. |
2 | Measured from the ultimate right-of-way line. |
C.
Off-street parking, signs and loading. Off-street parking, signs and loading spaces for a proposed R-3A cluster development shall be in accordance with Article XXVI of this chapter.
D.
Height. No building in the R-3A cluster development shall exceed a height of 35 feet.
E.
Streetscape. The applicant is encouraged to vary the lot sizes and building setbacks within the proposed development in order to create a more pleasing streetscape.
§ 350-48 Requirements for open space created by cluster development.
The following regulations shall govern the characteristics and maintenance of the required open space created by a cluster development:
A.
Characteristics of required open space created by cluster development. Open space created by cluster development shall have the following minimal requirements:
(1)
The land area to be set aside for permanent preservation as open space shall be so located and so shaped as to be suitable for the purposes intended. Consideration shall be given to contiguous portions of existing and potential open space lands in adjacent tracts. The Board of Commissioners may require the preservation of such open space as a portion of the open space land required pursuant to Subsection A(3) herein, to implement the objectives of stream valley preservation in the Comprehensive Plan and riparian corridor conservation set forth in Article XXII.
(2)
The open space land to be set aside shall be designed to promote the preservation of those feature(s) a tract is required to contain, pursuant to § 350-159C herein, in order to qualify for development under this article.
(3)
A minimum of 30% or 35% of the gross tract acreage shall be set aside as open space land in accordance with the requirements set forth in Subsection A(2). Additional open space land may be required to be set aside by the Board of Commissioners at the recommendation of the Township Planning Advisory Agency if, in its opinion, the site contains appropriate land for such purposes, provided this does not result in restricting the applicant's entitlement to the maximum density permitted by this article.
B.
Maintenance of required open space created by cluster development. The following requirements shall govern the maintenance of the required open space created by a cluster development:
(1)
The open space land to be set aside or reserved for park, woodlands, conservation, playground, active recreational use or other open space purposes, such as the preservation of natural features, may be dedicated to and accepted by the Township or may be reserved for private use, in which case satisfactory arrangements shall be made, acceptable to the Township, for the maintenance of all such areas.
(2)
The location, extent and purpose of land proposed to be set aside for open space or for recreational use must be reviewed and approved by the Township Advisory Planning Agency before the provisions of this article apply. A private recreational use, such as golf course or a swimming pool, whose use is limited to the owners or occupants of lots located within the subdivision and other such nearby landowners who may wish to become members of the corporation, may be approved as common land. Other uses or site which may qualify as common land may include, but not be limited to, historic buildings or sites, natural parks and parkway areas, landscaped parks, bridle paths, landscaped walkways, extensive areas with tree cover, and the low land along streams or areas of rough terrain where such areas are extensive and have natural features worthy of preservation.
(3)
Necessary covenants, easements and/or restrictions must be established to provide for public utilities, drainage, trails for hiking or bicycling, or any other permitted use designated for the benefit of owners or occupiers of the development.
(4)
If a subdivision includes a proposal to dedicate to the Township land for park and/or open space use under provisions of this section, the total land area to be dedicated shall be delineated on the subdivision plan with a note stipulating that the legal means of conveyance shall be by dedication.
(5)
If a subdivision includes as part of its open space land lands deemed by the Board of Commissioners, with the recommendation of the Township Advisory Planning Agency, to be key elements in the Township open space system according to the Upper Moreland Township Comprehensive Plan, such land shall be required to be either dedicated to the Township or use by the public shall be ensured through a public access easement or other reasonable means.
(6)
If the open space land is to be retained by the property owners, the Township will require the property owners to provide for and establish a homeowners' association, other organization, or funded community trust for the ownership and maintenance of the open space, and that such organization shall not be dissolved nor shall it dispose of the open space by sale or otherwise except to an organization conceived and established to own and maintain the open space or by dedication to and acceptance by the Township.
(7)
Maintenance of open space.
(a)
If the open space land is to be controlled by other than the Township, then all property owners of the tract shall have equal rights and obligations in the organization, and these rights and obligations shall be included in all deeds which shall be properly recorded, and the agreement containing these rights and obligations shall be approved by the Board of Commissioners at the same time as the plan is approved.
(b)
Failure to maintain open space. In the event that the organization established to own and maintain open space land, or any successor organization, shall at any time after establishment of the cluster development fail to maintain the open space land in reasonable order and condition in accordance with the development plan, the Township may serve written notice upon such organization or upon the property owners of the cluster development, setting forth the manner in which the organization has failed to maintain the open space land in reasonable condition, and said notice shall include a demand that such deficiencies or maintenance be corrected within 30 days thereof, and shall state the date and place of a hearing thereon, which shall be held within 14 days of the notice.
[1]
At such a hearing, the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said 30 days or any extension thereof, the Township, in order to preserve the taxable values of the properties within the cluster development and to prevent the open space land from becoming a public nuisance, may enter upon said open space land and maintain the same for a period of one year. Said maintenance by the Township shall not constitute a taking of said open space nor vest in the public any rights to use same.
[2]
Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space land, call a public hearing upon notice to such organization or the property owners of the cluster development, to be held by the Board of Commissioners, at which hearing such organization or the residents of the cluster development shall show cause why such maintenance by the Township shall not, at the option of the Township, continue for a succeeding year.
[3]
If the Board of Commissioners shall determine that such organization is ready and able to maintain said open space land in reasonable condition, the Township shall cease to maintain said open space land at the end of said year. If the Board of Commissioners shall determine that such organization is not ready and able to maintain said open space land in a reasonable condition, the Township may in its discretion continue to maintain said open space land during the next succeeding year and, subject to a similar hearing and determination in each year thereafter.
[4]
The cost of maintenance by the Township shall be assessed ratably against the properties within the cluster development and shall become a lien on said properties. The Township at the time of entering upon said open space land for the purpose of maintenance shall file a notice of lien in the office of the Prothonotary of the county, upon the properties affected by the lien within the cluster development.
§ 350-49 Plans and information to accompany application for rezoning to R-3A District.
In addition to the information to be shown on plans submitted in accordance with the Upper Moreland Township Land Subdivision Regulations, applications for a rezoning to the R-3A Cluster Development District shall be accompanied by the following plans and information:
A.
The location and size of the site, with evidence supporting the general adequacy for development.
B.
The proposed residential density of the development and the amount of open space to be preserved, as determined by § 350-161 herein.
C.
The location, size, accessibility and proposed use of the open space, manner of ownership and maintenance, and a copy of the covenant to be incorporated in the individual deeds, if applicable.
D.
The typical height and conceptual placement of clusters and/or buildings with evidence of variation in setbacks from rights-of-way and variation of lot sizes so as to create aesthetically pleasing frontages and lots.
E.
A written statement from the appropriate authority(ies) establishing the availability of public sewer and water systems to service the proposed development.
F.
Plans, maps and/or renderings indicating the existing natural features of the site, the design, unity and aesthetic relationship of buildings and landscaping within the proposed development, which may include (but are not limited to) the following.
I.
The proposed text of pertinent covenants, easements and existing restrictions or those to be imposed upon the land or buildings, including provisions for public utilities and trails for such activities as hiking or bicycling, if desired.
J.
In the case of plans involving staged development over a period exceeding two years, a schedule showing the proposed time and manner of completion of all phases of construction.
§ 350-50 Subdivision and land development plan submission requirements.
Applicants who have received zoning approval from the Board of Commissioners shall process subsequent subdivision and/or land development plans in accordance with the preliminary and final plan submission requirements of the Township's Subdivision and Land Development Regulations.[1] In addition, the applicant shall submit a stormwater management plan for the proposed development.
§ 350-51 Plan modifications.
Upon the written request of the applicant and in accordance with accompanying plans filed by the applicant, the Board of Commissioners may waive or modify the strict requirements of the Subdivision and Land Development Regulations or the requirements of this article, if the modification will result in furthering the objectives of the article and of the Comprehensive Plan.
§ 350-52 Land planner encouraged.
The developer is encouraged to obtain a trained and experienced land planner, registered architect, professional engineer and/or landscape architect to prepare plans for all developments proposed pursuant to this article, to enable the most expeditious processing of such developments.