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West Hazleton City Zoning Code

ARTICLE 17

Conservation Design Overlay District

[Added 7-14-2008 by Ord. No. 219]

§ 145-1701 Purpose.

A. 
In conformance with the Pennsylvania Municipalities Planning Code, the purposes of this article, among others, are as follows:
(1) 
To conserve open land, including those areas containing unique and sensitive natural features, such as woodlands, steep slopes, streams, floodplains and wetlands, by setting them aside from development.
(2) 
To provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads, utility runs, and the amount of paving required for residential development.
(3) 
To reduce erosion and sedimentation by the retention of existing vegetation, and the minimization of development on steep slopes.
(4) 
To provide for a diversity of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups, and residential preferences, so that the community's population diversity may be maintained.
(5) 
To implement adopted Township's policies to conserve a variety of irreplaceable and environmentally sensitive resource lands as set forth in the Township's Comprehensive Plan, including provisions for reasonable incentives to create a greenway system for the benefit of present and future residents.
(6) 
To protect areas of the Township with productive agricultural soils for continued or future agricultural use, by conserving blocks of land large enough to allow for efficient farm operations.
(7) 
To create neighborhoods with direct visual access to open land, with amenities in the form of neighborhood open space, and with a strong neighborhood identity.
(8) 
To provide for the conservation and maintenance of open land within the Township to achieve the above-mentioned goals and for active or passive recreational use by residents.
(9) 
To provide multiple options for landowners in order to minimize impacts on environmental resources (sensitive lands such as wetlands, floodplain, and steep slopes) and disturbance of natural or cultural features (such as mature woodlands, hedgerows and tree lines, critical wildlife habitats, historic buildings, and fieldstone walls).
(10) 
To provide standards reflecting the varying circumstances and interests of individual landowners, and the individual characteristics of their properties.
(11) 
To conserve scenic views and elements of the Township's rural character, and to minimize perceived density, by minimizing views of new development from existing roads.
B. 
In order to achieve these purposes, this chapter provides for flexibility in designing new residential subdivisions by allowing two forms of by-right development referred to as "options," as summarized below:
(1) 
Option One. Neutral density and basic conservation, providing for residential uses at the density of the underlying zoning district. Open space must comprise at least half the tract.
(2) 
Option Two. Estate lots, providing for rural residential uses at a reduced density of one-half (½) of the density of the underlying zoning district in conventional layouts of standard lots, where homes and streets are located carefully to minimize impacts on resource lands. No open space is required.
C. 
Section 145-1704 sets forth the development densities and required open space land percentages.
[Amended 8-12-2013 by Ord. No. 236]

§ 145-1702 General regulations.

In addition to the governing requirements of the Wright Township Subdivision and Land Development Ordinance, the design of all new subdivisions in the Conservation Design Overlay District shall be governed by the following minimum standards:
A. 
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.
B. 
Site suitability. As evidenced by the Existing Resources/Site Analysis Plan, the conceptual preliminary plan, and the detailed final plan, the tract incorporating this design option shall be suitable for supporting development in terms of environmental conditions, its size, and configuration.
C. 
Combining the design options. The various layout and density options described in this article may be combined at the discretion of the Planning Commission, based upon demonstration by the applicant that such a combination would better fulfill the intent of this chapter in particular the stated purposes of this article, as compared with applying a single option to the property.
D. 
Intersections and access. New intersections with existing public roads shall be minimized. Although two (2) accessways into and out of subdivisions containing more than 15 dwellings are generally required for safety, proposals for more than two (2) entrances onto public roads shall be discouraged if they would unnecessarily disrupt traffic flow.
E. 
Sensitive area disturbance. The proposed design shall strictly minimize disturbance of environmentally sensitive areas, as shown on the Existing Resources and Site Analysis Plan. Lands within the one hundred (100) year floodplain, or having slopes in excess of twenty-five percent (25%), and rock outcroppings and wetlands 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 subdivision plan and the final subdivision plan.

§ 145-1703 Use regulations.

The following residential uses shall be permitted in a conservation subdivision.
A. 
Single-family detached dwellings.
B. 
Conservation open space comprising a portion of residential development, according to the requirements of § 145-1705.
C. 
Nonresidential uses. The following nonresidential uses:
(1) 
Agricultural uses, including horticultural, wholesale nurseries, and the raising of crops, and buildings related to the same.
(2) 
Wood lots, arboreta, and other similar silvicultural uses.
(3) 
Woodland preserve, game preserve, wildlife sanctuary, or other similar conservation use.
(4) 
Municipal or public uses; public park or recreation area owned and operated by a public or private nonprofit entity or agency; governmental or public utility building or use; not to include business facilities, storage of materials, trucking or repair facilities, the housing of repair crews, private or municipal solid waste disposal facilities.
D. 
Accessory uses. Accessory uses shall be permitted on the same lot with and customarily incidental to any permitted use and not conducted as an independent principal use.

§ 145-1704 Density determination and dimensional standards.

[Amended 8-12-2013 by Ord. No. 236]
Maximum density, minimum open space, and dimensional and bulk requirements for conservation subdivisions in the C-1 and R-1A Districts are set forth in Tables 17A and 17B below.
Table 17A
C-1 Conservation District
Requirement
Option 1 Neutral Density/Basic Conservation
Option 2 Estate Lots
Density1
1 du/43,560 square feet ATA or as determined by a yield plan
1 du/174,240 square feet ATA or as determined by a yield plan
Maximum lot size (square feet)
20,000
None
Minimum lot size (square feet)
9,000
43,560
Minimum lot width (feet)
60
100
Required open space2
50% ATA
No common open space
Minimum street frontage (feet)
25
100
Minimum front setback (feet)
20
50
Minimum rear setback (feet)
30
50
Minimum side (feet)
30 separation for principal buildings, with no side yard less than 5
25 per side
Maximum lot impervious coverage
30%
15%
Maximum height
2½ stories not to exceed 35 feet
2½ stories not to exceed 35 feet
NOTES:
1
Density is based on adjusted tract area, which subtracts constrained land.
2
Open space equals 50% of adjusted tract area plus constrained land.
Table 17B
R-lA Single-Family Residence District
Requirement
Option 1 Neutral Density/Basic Conservation
Option 2 Estate Lots
Density1
1 du/20,000 square feet ATA or as determined by a yield plan
1 du/80,000 square feet ATA or as determined by a yield plan
Maximum lot size (square feet)
10,000
None
Minimum lot size (square feet)
6,000
20,000
Minimum lot width (feet)
50
100
Required open space2
50% ATA
No common open space
Minimum street frontage (feet)
20
100
Minimum front setback (feet)
15
35
Minimum rear setback (feet)
20
30
Minimum side (feet)
30 separation for principal buildings, with no side yard less than 5
10 per side
Maximum lot impervious coverage
30%
15%
Maximum height
2½ stories not to exceed 35 feet
2½ stories not to exceed 35 feet
NOTES:
1
Density is based on adjusted tract area, which subtracts constrained land.
2
Open space equals the given percentage of adjusted tract area plus constrained land.

§ 145-1705 Methods for density determination for conservation subdivisions.

Applicants shall have the choice of two methods of determining the maximum permitted residential building density on their properties. They are as follows:
A. 
Adjusted tract acreage approach. Determination of the maximum number of permitted dwelling units on any given property may be based upon the adjusted tract acreage of the site. The adjusted tract acreage shall be determined by subtracting the constrained land from the gross tract area. Constrained land shall be determined by multiplying the following categories of land by the given percentage.
(1) 
The following areas of constrained land shall be deducted from the gross (total) tract area:
(a) 
Rights-of-way. Multiply the acreage of land within the rights-of-way of existing public streets or highways, or within the rights-of-way for existing or proposed overhead rights-of-way of utility lines or any other rights-of-way by 100%.
(b) 
Private streets. Multiply the acreage of land under existing private streets by 100%.
(c) 
Wetlands. Multiply the acreage of designated wetlands by 95%.
(d) 
Floodway. Multiply the acreage within the floodway by 100%.
(e) 
Floodplain. Multiply the nonwetland portion of the one-hundred-year floodplain by 50%.
(f) 
Steep slopes. Multiply the acreage of land with natural ground slopes exceeding 25% by 80%.
(g) 
Moderately steep slopes. Multiply the acreage of land with natural ground slopes of between 15% and 25% by 60%.
(h) 
Extensive rock outcroppings. Multiply the total area of rock outcrops and boulder-fields more than 1,000 square feet by 90%.
(i) 
Ponds, lakes and streams. Multiply the acreage of ponds, lakes and streams by 100%.
(2) 
If a portion of the tract is underlain by more than one natural feature subject to a deduction from the total tract acreage, 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 usable lot area, any portion of these items that also contains a natural feature subject to a deduction from the total tract acreage shall not be included when calculating the adjusted tract acreage.
B. 
Yield plan approach. The maximum permitted residential building density may be based upon an actual yield plan. Yield plans shall meet the following requirements:
(1) 
SALDO requirements. Yield plans must be prepared in accordance with the standards of the Wright Township Subdivision and Land Development Ordinance, 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, floodplain, steep slopes, existing easements or encumbrances and, if unsewered, the suitability of soils for subsurface sewage disposal.
(2) 
Resource identification. The yield plan must identify the site's primary and secondary conservation areas, as identified in the Existing Resources/Site Analysis Plan, and demonstrate that the primary conservation areas could be successfully absorbed in the development process without disturbance, by allocating this area to proposed single­family dwelling lots which conform to the density factor of the chosen option. The yield plan shall be based upon accurate mapping of wetlands, one-hundred-year floodplains and land with slopes greater than 15%.
(3) 
Individual sewage disposal systems. 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 on-lot soils-based sewage disposal systems on conventional lots. For the purposes of determining density under this section, this standard shall exclude holding tanks, individual stream discharge systems and evapotransporation systems. Based on the primary and secondary resources, identified as part of the inventory and analysis, and observations made during an on-site visit of the property, the Township shall select a ten-percent sample of the lots considered to be marginal for on-lot sewage disposal. The applicant is required to provide evidence that these lots meet the standards for an individual soils-based on-lot sewage disposal system and system replacement area before the applicant shall 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 soils-based septic system, those lots shall be deducted from the yield plan and a second ten-percent sample shall be selected by the Township and tested for compliance. This process shall be repeated until all lots in a given sample meet the standard for an individual on-lot soils-based sewage disposal system.
(4) 
Yield plan density and dimensional standards. The following dimensional standards shall be used in the development of yield plans for conservation design subdivisions. The minimum lot sizes are derived from the density factor for the district location of the proposed development and the type of water supply and sewage disposal proposed. These minimum area dimensions are exclusive of all wetlands, slopes greater than 25% and land under high-tension electrical transmission lines (69 KV 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.
Standard
C-1 District
R-1A District
Minimum lot area
1 acre
20,000 square feet
Minimum street frontage (feet)
150
60
Front yard setback (feet)
50
35
Rear yard setback (feet)
50
30
Side yard setback (feet per side)
25
10

§ 145-1706 Design standards for conservation subdivisions.

A. 
Lots shall not encroach upon primary conservation areas as identified in the Township's Subdivision and Land Development Ordinance, and their layout shall respect secondary conservation areas as described in both the Township's Zoning Ordinance and in the Subdivision and Land Development Ordinance.
B. 
All new dwellings shall meet the following setback requirements:
(1) 
From all external road ultimate right-of-way: 100 feet.
(2) 
From all other tract boundaries: 50 feet.
(3) 
From cropland or pasture land: 100 feet.
(4) 
From buildings or barnyards housing livestock: 300 feet.
(5) 
From active recreation areas such as courts or playing fields (not including tot-lots): 150 feet.
C. 
Views of lots from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping which meets the landscaping requirements of the Township's Subdivision and Land Development Ordinance.
D. 
Lots shall generally be accessed from interior streets, rather than from roads bordering the tract.
E. 
One centrally located access point to the open space shall be provided for every 15 lots and shall be at least 35 feet wide.
F. 
At least 50% of the dwelling units shall face open space, with the front facade of the dwelling, either directly or across a street.

§ 145-1707 Open space land use and design standards.

Protected open space land in all subdivisions shall meet the following standards:
A. 
Uses permitted on open space lands. The following uses are permitted in open space land areas:
(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 or livestock, wholesale nurseries, associated buildings, excluding residences that are specifically needed to support an active, viable agricultural or horticultural operation. Specifically excluded are commercial livestock operations involving swine, poultry, mink, and other animals likely to produce highly offensive odors.
(3) 
Pastureland for horses used solely for recreational purposes. Equestrian facilities shall be permitted but may not consume more than half of the minimum required open space land.
(4) 
Forestry, in keeping with established best management practices for selective harvesting and sustained-yield forestry.
(5) 
Neighborhood open space uses such as village greens, commons, picnic areas, community gardens, public trails, and similar low-impact passive recreational uses, specifically excluding motorized off-road vehicles, rifle ranges, and other uses similar in character and potential impact as determined by the Planning Commission.
(6) 
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 open space 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, provide safe ingress and egress, and contain no more than 10 parking spaces.
(7) 
Golf courses, including their parking areas and associated structures, may comprise up to half of the minimum required open space land, but shall not include driving ranges or miniature golf.
(8) 
Water supply and sewage disposal systems, and stormwater detention areas designed, landscaped, and available for use as an integral part of the open space.
(9) 
Easements for drainage, access, sewer or water lines, or other public purposes;
(10) 
Underground utility rights-of-way. Aboveground utility and street rights-of-way may traverse conservation areas but shall not count toward the minimum required open space land.
B. 
Open space design standards.
(1) 
Open space lands shall be laid out in consideration of the Township's Comprehensive Plan to ensure that an interconnected network of open space will be provided. The required open space land consists of a mixture of primary conservation areas, all of which must be included, and secondary conservation areas. Primary conservation areas comprise floodplains, wetlands, and slopes over 25%. Secondary conservation areas should include special features of the property that would ordinarily be overlooked or ignored during the design process.
(2) 
The open space land shall comprise a minimum of 50% of the adjusted tract area. This land shall generally remain undivided and may be owned and maintained by a community association, a homeowners' association, land trust, another conservation organization recognized by the Township, 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 open space land may be owned by different entities.
(3) 
Greens.
(a) 
At least 3% of the required open space shall be in the form of common greens. A green is typically 5,000 square feet to 20,000 square feet in area, with a maximum area of 32,000 square feet.
(b) 
A green shall be created and maintained as the open space around which dwellings are arranged. Dwellings shall face the green with the front facade of the dwelling.
(c) 
Greens shall be surrounded by roads on at least two sides, but more commonly on three or four sides.

§ 145-1708 Ownership and maintenance of open space land and common facilities.

A. 
Development restrictions. All open space land shall be permanently restricted from future subdivision and development. Under no circumstances shall any development be permitted in the open space at any time, except for those uses listed in § 145-1707A.
B. 
Ownership options. The following methods may be used, either individually or in combination, to own common facilities. 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 decrease 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 the Township. The Township may, but shall not be required to, accept any portion of the common facilities, provided that:
(a) 
There is no cost of acquisition to the Township; and
(b) 
The Township agrees to and has access to maintain such facilities.
(2) 
Condominium association. Common facilities may be controlled through the use of condominium agreements. Such agreements shall be in accordance with relevant state law. All open land and common facilities shall be held as common element.
(3) 
Community association or homeowners' association. Common facilities may be held in common ownership by a community association or homeowners' association, subject to all of the provisions for the community association or homeowners' association set forth in state regulations and statutes. 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 Township no less than 30 days prior to such event.
(g) 
The association shall have adequate staff to administer, maintain, and operate such common facilities.
(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, provided that:
(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 becomes unwilling or unable to continue carrying out its functions;
(c) 
The open space land is permanently restricted from future development through a conservation easement and the Township is given the ability to enforce these restrictions; and
(d) 
A maintenance agreement acceptable to the Township is established between the owner and the 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, community association, homeowners' association, or private conservation organization while the easements are held by the Township. In addition, the following regulations shall apply:
(a) 
There shall be no cost of acquisition to the Township;
(b) 
Any such easements for public use shall be accessible to the residents of the Township; and
(c) 
A satisfactory maintenance agreement shall be reached between the owner and the Township.
(6) 
Private ownership. Up to 80% of the required open space may be included within one or more large conservancy lots, provided that:
(a) 
The lot shall be at least 10 acres.
(b) 
The open space shall be permanently restricted from future development through a conservation easement, except for those uses listed in § 145-1707A.
(c) 
The Township shall be given the authority to enforce these restrictions.
C. 
Maintenance.
(1) 
Unless otherwise agreed to by the Planning Commission, the cost and responsibility of maintaining common facilities and open space land shall be borne by the property owner, condominium association, community association, homeowners' association, or conservation organization.
(2) 
The applicant shall, at the time of preliminary plan submission, provide a plan for maintenance of open space lands and operation of common facilities.
(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 open space land and operation of any common facilities on an on-going basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs;
(d) 
At the Township's discretion, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common facilities for up to one year; and
(e) 
Any changes to the maintenance plan shall be approved by the Planning Commission.
(3) 
In the event that the organization established to maintain the open space 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, community association, homeowners' association, conservation organization, or individual property owners who make up a condominium association, a community association or a 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 Luzerne County.