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Whitemarsh Township
City Zoning Code

ARTICLE XXXVI

Conservation Design Overlay District

§ 116-267 Legislative intent.

In amplification of § 116-2, the specific intent of this article is to:
A. 
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;
B. 
Provide greater design flexibility and efficiency in the location of services and infrastructure, including the opportunity to reduce length of roads, utility runs, and the amount of paving required for residential development;
C. 
Reduce erosion and sedimentation by the retention of existing vegetation, and the minimization of development on steep slopes;
D. 
Implement adopted Township policies to conserve a variety of irreplaceable and environmentally sensitive resource lands as set forth in the Township's Conservation Features Map in the Comprehensive Plan, including provisions for reasonable incentives to create a system of common open space for the benefit of present and future residents;
E. 
Implement adopted land use, transportation, and community policies, as identified in the Township's Comprehensive Plan;
F. 
Create neighborhoods with direct visual access to open land, with amenities in the form of neighborhood open space, and with a strong neighborhood identity;
G. 
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;
H. 
Provide multiple options for landowners in order to minimize impacts on environmental resources (including but not limited to sensitive lands, such as wetlands, floodplain, and steep slopes) and disturbance of natural or cultural features (including but not limited to mature woodlands, hedgerows and tree lines, critical wildlife habitats, historic buildings, and fieldstone walls); and
I. 
Conserve scenic views and elements of the Township's character, and minimize perceived density, by minimizing views of new development from existing roads.

§ 116-268 Overlay concept; conflicts.

A. 
The Conservation Design Overlay District shall be an overlay to the existing underlying AAAA, AAA, AA and A Residential Districts as shown on the Zoning Map. As such, the provisions for the Conservation Design Overlay District shall replace the underlying district provisions for all property; provided, however, that where development is proposed of fewer than five dwelling units (total of both existing and proposed), such property may be developed according to the area and dimensional regulations of the underlying district. Property for which this exemption is utilized shall not interrupt or preclude the implementation of an interconnected greenway network of common open space, which is a principal objective of this chapter.
[Amended 12-21-2006 by Ord. No. 826]
B. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection B, which provided regulations for developed tracts existing as of the effective date of this article, was repealed 12-21-2006 by Ord. No. 826.
C. 
Where there is any conflict between the provisions or requirements of the Conservation Design Overlay District and those of any underlying district, the more restrictive provisions shall apply.

§ 116-269 District boundary changes.

The delineation of the Conservation Design Overlay District may, from time to time, be revised by the Board of Supervisors pursuant to § 116-236 of this chapter et seq.

§ 116-270 Development options.

[Amended 3-28-2013 by Ord. No. 925]
A. 
This article provides for flexibility in designing new single-family detached residential subdivisions by allowing three forms of by-right development options in certain residential districts, as summarized below:
Residential District AAAA
Residential District AAA
Residential District AA
Residential District A
Option One
X
X
NA
NA
Option Two
X
X
NA
NA
Option Three
X
X
X
X
(1) 
Option One: providing for very low-density residential uses with no common open space, appropriate to rural areas, with flexible and reduced design standards in instances where a permanent conservation easement is offered to maintain such uses. Option One is permitted in AAAA and AAA Residential Districts only.
(2) 
Option Two: providing for residential uses at the density permitted by the existing underlying zoning with common open space. Option Two is permitted in AAAA and AAA Residential Districts only.
(3) 
Option Three: providing for higher-density residential uses with a higher percentage of common open space. Option Three is permitted in AAAA, AAA, AA and A Residential Districts.

§ 116-271 Minimum design standards.

The design of all new subdivisions in the Conservation Design Overlay District shall comply with 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. This provision shall not apply to developments consisting of fewer than five dwelling units.
B. 
Site suitability. As evidenced by the existing resources and site analysis plan (the ERSAP), the preliminary plan, and the final plan, the tract incorporating the Conservation Design Overlay District design option shall be suitable for supporting development in terms of environmental conditions, size, and configuration.
C. 
Disturbance of primary and secondary conservation features. The design process set forth in § 105-21B(14), Five Step Design Process for Conservation Design Overlay Districts, of Chapter 105, Subdivision and Land Development, of the Code of Whitemarsh Township shall be followed in designing both the common open space and development areas. Primary conservation areas shall not be disturbed and shall be included in protected common open space. Secondary conservation areas to be protected shall be determined at sketch plan stage in discussion with the Township Planning Commission. Common open space shall be designed in accordance with the design standards in § 116-274, Design standards for conservation subdivisions, § 116-275, Common open space land use and design standards, both of this chapter and § 105-95, Common open space design review standards, of Chapter 105, Subdivision and Land Development, of the Code of Whitemarsh Township.
D. 
Community wastewater systems. In developments that are proposed to be served by community wastewater disposal systems, the selection of a wastewater treatment technique shall be based upon the policies established in the Township's wastewater facilities plan and shall be consistent with and meet all requirements of § 105-79, Private sewer systems, of Chapter 105, Subdivision and Land Development, of the Code of Whitemarsh Township.

§ 116-272 Use regulations.

Land in the Conservation Design Overlay District may be used for the following purposes:
A. 
Single-family detached dwellings.
B. 
Common open space as part of a conservation design subdivision or land development.
C. 
Nonresidential uses. The following nonresidential uses in accordance with the standards of § 116-275, Open space land use and design standards, of this chapter.
(1) 
Agricultural uses, including horticultural, wholesale nurseries, and the raising of crops, and buildings related to the same.
(2) 
Woodlots, 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 areas owned and operated by a public or private nonprofit agency, governmental or public utility building or use. Municipal or public uses permitted under this section do not include business facilities, storage of materials, trucking or repair facilities, the housing of repair crews, or private or municipal sanitary landfills.
D. 
Accessory uses shall be permitted in connection with, incidental to, and on the same lot with a principal use or structure permitted within the Conservation Overlay Design District and in accordance with § 116-24, Accessory uses and structures, of this chapter.
E. 
Accessory dwelling units (ADU) including, but not limited to, elder cottages for relatives and tenant houses for employees of a farm or estate and proposed in Option One subdivisions, are permitted within the Conservation Overlay Design District subject to the following provisions:
(1) 
The ADU may be located within the principle dwelling, in an existing historic structure or, on tracts 15 acres or larger, in a new structure;
(2) 
There shall be a maximum of one ADU on any legal building lot in an Option One subdivision containing less than 10 acres and a maximum of two ADUs on any legal building lot containing 10 or more acres, provided all performance and dimensional standards for a primary dwelling unit of this chapter are met;
(3) 
The gross floor area in the first ADU shall not exceed 900 square feet. In the second ADU, where permitted, the gross floor area shall not exceed 750 square feet; however, on lots exceeding 15 acres, the gross floor area of the second ADU shall not exceed 1,800 square feet. Under this section, existing historic accessory buildings more than 75 years old that exceed these gross floor area limits may be permitted to be used as ADUs without having to meet the dimensional setback requirements of this chapter;
(4) 
Building permits for ADUs shall not be issued until the applicant demonstrates that a restrictive conservation easement has been placed on the subject property prohibiting future enlargement of the ADUs, the creation of additional ADUs beyond the limits described above and any further future subdivision of the tract. Issuance of permits for ADUs shall be contingent upon the Montgomery County Department of Health approval for any on-site sewage disposal systems needed; and
(5) 
Any ADU permitted under this subsection shall be limited to a height of 25 feet, with the exception of historic buildings; and
(6) 
The ADU shall be located on the same lot as the principle dwelling and shall not be located on its own lot.

§ 116-273 Site capacity calculations.

The following calculations shall be used to determine the maximum number of lots permitted for a subdivision on a tract of land in the AAAA, AAA, AA, and A Residential Zoning Districts. The calculations shall be completed by the applicant and submitted with all sketch plan and preliminary plan applications.
A. 
Base site area.
(1) 
Tract area: ______ acres.
(2) 
Subtract:
(a) 
Existing road right-of-way: ______ acres.
(b) 
Utility right-of-way: ______ acres.
(c) 
Land with different zoning: ______ acres.
(3) 
Equals base site area: ______ acres.
B. 
Constrained lands calculation.
(1) 
Constrained lands consists of the natural resources listed below. The area of the resource is multiplied by a protection factor to arrive at the constrained land.
Resource
Protection
Factor
Area of
Resource
Constrained
Land
(a)
Floodway
100% (1.0)
x ______ acres
= ______ acres
(b)
Floodplain
50% (.50)
x ______ acres
= ______ acres
(c)
Wetlands
95% (.95)
x ______ acres
= ______ acres
(d)
Steep slopes (25%+)
85% (.85)
x ______ acres
= ______ acres
(e)
Steep slopes 15-25%
25% (.25)
x ______ acres
= ______ acres
(f)
Total area of resources
x ______ acres
= ______ acres
(g)
Constrained land
= ______ acres
(2) 
In the event two or more resources overlap, only the resource with the highest protection ratio shall be used in the calculations.
C. 
Adjusted tract area calculation. Adjusted tract area is the base site area minus the constrained land.
(1) 
Base site area [from Subsection A(3) above]: ______ acres.
(2) 
Subtract the constrained land [from Subsection B(1)(g) above]: ______ acres.
(3) 
Equals adjusted tract area: ______ acres.
D. 
Common open space. This calculation determines the minimum required common open space.
(1) 
Adjusted tract area [from Subsection C(3) above]: ______ acres.
(2) 
Multiplied by the minimum common open space: (use the percentage required in Option One, Two or Three as applicable): ______ %.
(3) 
Equals: ______ acres.
(4) 
Plus constrained lands [from Subsection B(1)(g) above]: ______ acres.
(5) 
Equals minimum required common open space: ______ acres.
E. 
Development area calculation. Development area is the acreage that may be developed, i.e., upon which dwelling units or other related structures may be located.
(1) 
Adjusted tract area: ______ acres.
(2) 
Minus minimum required common open space [Subsection D(5) above: ______ acres.
(3) 
Equals development area: ______ acres.
F. 
Maximum number of dwelling units calculation. This determines the maximum number of dwelling units permitted on the subject tract of land.
(1) 
Adjusted tract area [from Subsection C(3) above]: ______ acres.
(2) 
Times maximum density factor: (in dwelling units per acre, as defined by the district dimensional standards for the development option that has been chosen): ______.
(3) 
Equals maximum number of dwelling units: ______ dwelling units.
G. 
Summary of calculations.
(1) 
Tract area: ______ acres.
(2) 
Base site area [Subsection A(3) above]: ______ acres.
(3) 
Constrained lands [Subsection B(1)(g) above]: ______ acres.
(4) 
Adjusted tract area [Subsection C(3) above]: ______ acres.
(5) 
Minimum required common open space [Subsection D(5) above]: ______ acres.
(6) 
Development area [Subsection E(3) above]: ______ acres.
(7) 
Maximum number of dwelling units [Subsection F(3) above]: ______.

§ 116-274 Design standards for conservation subdivisions.

A. 
Lots shall not encroach upon primary conservation features, and their layout shall respect secondary conservation features as defined and described in both this Zoning Chapter and the Subdivision and Land Development Chapter.
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: 200 feet.
(5) 
From active recreation areas such as courts or playfields (not including tot-lots): 150 feet.
C. 
Standards pertaining to the quantity, quality, configuration, ownership, and maintenance of the common open space land created under this article are contained in §§ 116-275 through 116-277 of this chapter and Article X, Conservation Design Overlay District, of Chapter 105, Subdivision and Land Development of the Code of Whitemarsh Township.

§ 116-275 Common open space land use and design standards.

Common open space in all subdivisions shall meet the following standards:
A. 
Uses permitted in common open space shall be as follows:
(1) 
Conservation of open land in its natural state, including, but not limited to, woodland, fallow field, or managed meadow;
(2) 
Agricultural and horticultural uses, including raising crops or livestock, wholesale nurseries, and 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. A noncommercial stable and/or shelter(s) may be located in the pastureland for the horses owned by the residents of the subdivision;
(4) 
Forestry, in keeping with established best management practices for selective harvesting and sustained yield forestry;
(5) 
Passive, noncommercial recreation areas, including but not limited to, village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses when such areas are developed in accordance with § 105-53, Park and recreational facilities, land and/or fees, of Chapter 105, Subdivision and Land Development of the Code of Whitemarsh Township. Specifically excluded from permitted common open space recreational uses are motorized off-road vehicles, shooting ranges, and other uses similar in character and potential impact as determined by the Board of Supervisors;
(6) 
Active, noncommercial recreation areas, such as playfields, playgrounds, courts, and bikeways, provided such areas do not consume more than 50% of the minimum required common open space or five acres, whichever is less and further provided that such areas are developed in accordance with, and in addition to, the requirements of § 105-53, Park and recreational facilities, land and/or fees, of Chapter 105, Subdivision and Land Development, of the Code of Whitemarsh Township. Playfields, 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. Parking areas shall be setback from property lines a minimum of 100 feet;
(7) 
Golf courses, including their parking areas and associated structures, may comprise up to 50% of the minimum required common open space, but shall not include stand-alone driving ranges or miniature golf;
(8) 
Easements for drainage, access, sewer or water lines, or other public purposes;
(9) 
Underground utility rights-of-way. Above-ground utility and street rights-of-way may traverse common open space, but shall not count toward the minimum required common open space; and
(10) 
Active and/or passive noncommercial municipal or public recreation uses, public park or recreation areas owned and operated by a public or private nonprofit agency, governmental or public utility building or use. Municipal or public uses permitted under this section do not include business facilities, storage of materials, trucking or repair facilities, the housing of repair crews or private or municipal sanitary landfills.
B. 
Common open space design standards.
(1) 
Common open space shall be laid out in general accordance with the Township's Conservation Features Map, as included in the Comprehensive Plan, to ensure that an interconnected network of common open space will be provided. The common open space shall consist of a mixture of all of the primary conservation features and certain secondary conservation features and shall further be developed in accordance with Chapter 105, Subdivision and Land Development, of the Code of Whitemarsh Township.
(2) 
In Options Two and Three, the common open space may be owned and maintained by the individual lot owners, a homeowners' association, land trust, or other conservation organization acceptable to the Township. 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 common open space may be owned by different entities.
(3) 
Where the proposed development adjoins public parkland, a natural greenway buffer at least 150 feet in depth 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 trail construction. Where this buffer is not wooded, the Board of Supervisors 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 plant and tree species.
C. 
Other requirements.
(1) 
No portion of any building lot may be used to meet the minimum common open space requirements.
(2) 
Common open space shall be readily accessible to all development residents, or, in the case of common open space dedicated to the Township, shall be easily and safely accessible to the general public. At least one side of the common open space shall abut a street for a minimum distance of 50 feet for access of emergency and maintenance vehicles.
(3) 
All common open space that is not wooded shall be managed in accordance with the landscaping requirements of Chapter 105, Subdivision and Land Development, of the Code of Whitemarsh Township.

§ 116-276 Permanent common open space protection through conservation easements.

A. 
Option One. In Option One developments, applicants shall place a restrictive conservation easement preventing future subdivision on the newly created tracts consistent with the Comprehensive Plan and the Conservation Features Map. Such easement shall be executed between the applicant and either the Township or, with Township consent, a conservation organization qualified to accept charitable donations of conservation easements.
B. 
Option Two and Option Three. In Option Two and Option Three developments the common open space shall be subject to permanent conservation easements prohibiting future development and defining the range of permitted activities consistent with § 116-275, Common open space land use and design standards, of this chapter. (For example, the clearing of woodland habitat shall generally be prohibited, except as necessary to create trails, active recreation facilities, and to install subsurface septic disposal systems or spray irrigation facilities.) Such easement shall be executed between the applicant and either the Township or, with Township consent, a conservation organization qualified to accept charitable donations of conservation easements.

§ 116-277 Ownership and maintenance of common open space.

A. 
Development restrictions. All common open space shall be permanently restricted from future subdivision and development. Under no circumstances shall any development be permitted in the common open space at any time, except for those uses listed in § 116-275, Common open space land use and design standards, of this chapter.
B. 
Ownership methods. The following methods may be used, either individually or in combination, to own common open space. Common open space 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 reduction in the common open space 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 all or any portion of the common open space, provided that:
(a) 
There is no cost of acquisition to the Township; and
(b) 
The Township agrees to and has access to maintain such common open space.
(2) 
Community association. Common open space may be held in common ownership for the use of all residents of the subdivision or land development and shall thereby be controlled and maintained by a homeowner's association or condominium association (the community association) formed in accordance with all applicable laws of the Commonwealth of Pennsylvania. The elements of the community association document shall include, but shall not be limited to, the following:
(a) 
A description of the common open space to be owned by the community association. This description shall include a map of the proposal highlighting the precise location of all aspects of the common open space;
(b) 
Statements setting forth the powers, duties, and responsibilities of the community association, including the services to be provided;
(c) 
A declaration of covenants, conditions, and restrictions (the declaration), giving perpetual easement to the lands and facilities owned by the community association. The declaration shall be a legal document providing for automatic membership for all owners in the subdivision or land development and shall describe the mechanism by which owners participate in the community association, including voting, elections, and meetings. Furthermore, the declaration shall give power to the community association to own and maintain the common open space and to make and enforce rules;
(d) 
Statements prescribing the process by which community association decisions are reached and setting forth the authority to act;
(e) 
Statements requiring each owner within the subdivision or land development to become a member of the community association;
(f) 
Statements setting cross covenants or contractual terms binding each owner to all other owners for mutual benefit and enforcement;
(g) 
Requirements for all owners to provide a pro rata share of the cost of the operations of the community association;
(h) 
A process of collection and enforcement to obtain funds from owners who fail to comply;
(i) 
A process for transition of control of the community association from the developer to the unit owners;
(j) 
Statements describing how the common open space of the community association will be insured, including limit of liability;
(k) 
Provisions for the dissolution of the community association; and
(l) 
Stormwater management facility maintenance agreements as described in Chapter 58, Grading, Erosion Control, Stormwater Management and Best Management Practices.
(3) 
Private conservation organization or the county. With permission of the Township, an owner may transfer either fee simple title of the common open space or easements on the common open space to a private nonprofit conservation organization (the conservation organization) or to Montgomery 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 conservation organization becomes unwilling or unable to continue carrying out its functions;
(c) 
The common open space 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 conservation organization.
(4) 
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 open space. In such cases, the common open space shall remain in the ownership of the community association or private conservation organization while the Township holds the easements. 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 fully accessible to the residents of the Township; and
(c) 
A satisfactory maintenance agreement shall be reached between the owner and the Township.
(5) 
Noncommon private ownership. Up to 80% of the common open space may be included within one or more lots of at least 10 acres, provided the land contained therein is permanently restricted from future development (except for those uses listed in § 116-275, Common open space land use and design standards, of this chapter) through a conservation easement and that the Township is given the ability to enforce these restrictions.
(6) 
Maintenance. In the event that the entity established to maintain the common open space, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, 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 Montgomery County. In addition, any escrow funds may be forfeited and any permits may be revoked or suspended.