[Added 4-6-2006 by Ord. No. 812]
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.
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]
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.
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.
[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.
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.
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.
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.
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.
D.
Common open space. This calculation determines the
minimum required common open space.
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.
F.
Maximum number of dwelling units calculation. This
determines the maximum number of dwelling units permitted on the subject
tract of land.
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.
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.
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.
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:
(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
(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:
(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.
