[Ord. 2013-2, 5/8/2013, § 1]
1.
Purpose. Conservation development is intended to identify and preserve
significant natural and historic resources of the property, ensuring
that development of real property within the Township properly relates
to the unique features of the land and the environment. This process
allows flexibility in the placement of homes and lot lines.
2.
Applicability. The provisions of this Part shall apply to all conservation development subdivisions or land development in the Agricultural District or the Low Density Residential District pursuant to Part 4 and Part 5 of the Williams Township Zoning Ordinance [Chapter 27] in addition to all other applicable provisions of this Part or the Zoning Ordinance. All definitions of terms defined in the Zoning Ordinance shall apply to the terms used in this Part.
3.
Recommended Conservation Development Planning Process.
A.
Step 1-Delineation of Open Space. Location of significant natural features for potential protection is the first step in conservation development. The Existing Resources and Site Analysis Plan (as described in § 22-1403, Subsection 1B, below) shall be used in this analysis.
(1)
Constrained Land. A plan shall be prepared and submitted to show areas which are required for preservation, including but not limited to, wetlands, floodplains and slopes of 25% and greater. These areas are known as "Constrained Land" pursuant to Part 15 of the Zoning Ordinance [Chapter 27] and should be included in the open space (as defined below). The location and boundaries of the constrained land shall follow the actual boundaries of floodplains, wetlands and slopes.
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(2)
Natural Resource Areas. The applicant shall identify and prioritize
all remaining natural resources on the site and slopes between 12
and 25%. The natural resources areas shall be located and ranked from
most to least suitable for inclusion in the proposed open space, in
consultation with the Planning Commission and Board of Supervisors.
The natural resource areas shall also be delineated to: (a) conform
the minimum area requirements for open space as stated in the Zoning
Ordinance; (b) clearly indicate their boundaries; and (c) identify
the resources included therein. In establishing priorities, consideration
shall be given to any verbal or written comments by the Township.
The following natural prioritized shall constitute natural resource
areas for purposes of this Part:
(a)
Significant habitat and species listed as endangered, threatened,
or of special concern, such as those listed in the Pennsylvania Natural
Diversity Inventory and Northampton County and local Natural Area
Inventories.
(b)
Precautionary steep slopes 155 to 25%, particularly those adjoining
watercourses and ponds, due to the potential for soil disturbance
leading to erosion that is detrimental to water quality.
(c)
Healthy woodlands, particularly those performing important ecological
functions such as soil stabilization and protection of streams, wetlands
and wildlife habitats.
(d)
Hedgerows, groups of trees, specimen trees and other unique
vegetation features.
(e)
Areas where precipitation is most likely to recharge local groundwater
resources because of topographic and soil conditions affording high
rates of infiltration and percolation.
(f)
Class I, II and III agricultural soils as defined by the USDA
Natural Resource Conservation Service.
(g)
Historic structures and sites listed in the National Register
of Historic Places.
(h)
Visually prominent topographic features such as knolls, hilltops
and ridges, scenic views as seen from public roads (particularly those
with historic features). Significant views from within the site outward
shall also be considered.
(i)
Existing or proposed trails connecting the tract to other locations
in the Township.
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(3)
Open Space. The minimum open space acreage requirements should
include all of the constrained land.
(4)
Potential Development Areas. Areas located outside of the open
space constitute the potential development areas. These areas shall
be so delineated on the Existing Resources and Site Analysis Plan.
The applicant should be guided by recommendations provided by the
Township in designing the configuration of these areas.
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B.
Step 2 Location of Development Sites. The approximate proposed locations
of new homes or other structures should be selected and located on
the site map within the potential development areas. It is recognized
that where on-lot septic systems are used, suitability of the system
location needs to influence these choices. It is also recognized that
some intrusions into the natural resource areas may be necessary to
allow reasonable uses of the land. In general, house sites should
maintain a one-hundred-foot minimum distance from constrained land
and 50 feet from natural resource areas. These home sites can also
be selected to maximize views, including views into the open space.
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C.
Step 3 Layout of Streets, Trails and Other Required Facilities. An
efficient street layout shall be designed to serve the appropriate
home and development sites, with minimal impact on the identified
conservation areas. Trails should also be considered to link together
common open spaces, clusters of homes and other destinations (such
as nearby stores, parks and schools).
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D.
Step 4 Drawing the Lot Lines. Lot lines should be drawn on the plan
to delineate the proposed boundaries for each development or home
site. Once this plan is prepared, then more detailed engineering should
be completed.
[Ord. 2013-2, 5/8/2013, § 1]
1.
Submission of a sketch plan for a conservation development subdivision
or land development is encouraged, but not required. Prior to submitting
a sketch plan for conservation development, applicants are encouraged
to informally discuss their proposal with the Zoning Officer and/or
appropriate Township staff.
A.
Sketch Plan Submittal.
(1)
If submitted, a sketch plan for a conservation development subdivision
or land development shall not under any circumstances constitute an
official submission of a subdivision plan or a land development plan
to Williams Township and shall only be considered as a submission
for informal discussion between the applicant and the Planning Commission.
(2)
The sketch plan is intended to help in the following matters:
(a)
To identify the overall objectives of the applicant.
(b)
To identify major issues that may need to be addressed to comply
with this Part, the Zoning Ordinance and other applicable statutes,
ordinances or regulations.
(c)
To classify the plan as a Major or Minor Subdivision and/or
Land Development.
(d)
To identify an initial set of issues that the Township wishes
the applicant to address with more detailed engineering.
(e)
To provide mapping for the Township to understand the site conditions.
(4)
A sketch plan for a conservation development subdivision or
land development submitted for informal review shall include the following
information:
(b)
Boundary line of the development and a map showing the general
location of the project in relation to nearby streets (may be a photocopy
of USGS, Township or commercial map).
(c)
Proposed lot and street layout, if applicable.
(d)
Site data, including, but not limited to acreage of the entire
tract, number of lots and proposed subdivision layout, zoning district
and applicable lot area and setback requirements.
(f)
North point, scale and tentative name of the project (may be
developer's name).
(g)
Name and address of person responsible for preparation of the
plan and date of preparation.
(h)
Approximate locations and size of existing and proposed principal
buildings, off street parking and loading areas, access drives, proposed
landscaping and buffers, as applicable.
(i)
Preliminary proposed stormwater management system showing conceptual
design and proposed method of calculation.
(j)
A map of the entire holdings of applicant contiguous with the
subject tract, showing proposed and existing roads.
(k)
Location of required open space.
B.
Sketch Plan Review Procedures.
(1)
A sketch plan submitted for a conservation development subdivision
or land development will be informally reviewed and discussed by the
Planning Commission at a regularly scheduled meeting.
(2)
The Planning Commission may, but shall not be required to, refer
the sketch plan to the Township Engineer, Township Planner or any
other Township staff or consultant for review and comment. Nothing
in this section or part shall require written review or comment on
the sketch plan from the Township Engineer, Township Planner or any
other Township Staff or consultant.
(3)
Site Visit. Township Supervisors, Planning Commission members,
staff and consultants are strongly encouraged to personally visit
the site proposed for conservation development. If requested, written
permission shall be given from the fee simple property owner granting
Township Supervisors, Planning Commission members, Township staff,
consultants and employees access to the subject property for purposes
of sketch plan review.
(4)
If the Planning Commission determines that the proposed conservation
development subdivision or land development may have significant regional
impact, the Township shall submit one copy of the sketch plan to the
Lehigh Valley Planning Commission to request an informal review.
(5)
If the sketch plan would involve land along a creek or river,
or is adjacent to an existing Township park, then a copy of the sketch
plan shall be provided to any Township Park and Recreation Commission
that may exist for review of whether open space or recreation fees
should be required.
[Ord. 2013-2, 5/8/2013, § 1]
1.
Preliminary Plan Submission.
A.
A preliminary plan for a conservation development subdivision or land development is required and shall be submitted to the Planning Commission in accordance with the procedures set forth in Part 5 of this chapter.
B.
A preliminary plan for a conservation development subdivision or land development shall include, in addition to all of the other information required under Part 5 of this chapter (except as modified in this section), an Existing Resources and Site Analysis Plan, which shall contain the following:
(1)
Name of proposed subdivision or land development, if any.
(2)
North arrow and graphic scale.
(3)
Name and address of plan preparer and date of plan preparation,
and any revision dates.
(4)
Tract boundaries. Existing and proposed lot lines and location
of existing monuments.
(5)
The boundaries of lots (other than residual lot of at least
10 acres) shall be determined by accurate field survey, closed with
an error not to exceed one in 10,000 and balanced.
(6)
The boundaries of any residual tract which is greater than 10
acres may be determined by deed.
(7)
Location map at a scale no smaller than one inch=400 feet showing
major roads, road names, watercourses, points of interest and Township
boundaries within 1000 feet.
(8)
Watercourses and lakes.
(9)
Wetlands. A wetland delineation report prepared by a qualified
professional or an Army Corps of Engineers Jurisdictional Determination
shall be submitted, or a note shall be submitted on the plan indicating
that wetlands are not present on the subject property.
(10)
Buffers around lakes, ponds and wetlands.
(11)
Rock outcrops, stone walls, stone rows and stone fields or other
geologic formations.
(12)
Existing and proposed buildings and structures.
(14)
Any Lehigh and Northampton Counties Natural Areas Inventory
sites (as defined by the Lehigh Valley Planning Commission in the
Natural Areas Inventory Summary dated April 1999, as it may be amended
and updated from time to time) that overlap the subject property.
(15)
Existing and proposed utilities and culverts.
(16)
Soils with a shallow depth to the seasonally high water table.
(See County Soils Survey or more accurate source.)
(17)
Delineation of watershed basins and sub-basins.
(18)
Locations of one-hundred-year flood zones and one-hundred-year
floodplain elevations, if applicable.
(19)
Location and description of any registered historic sites and
buildings.
(20)
Existing topography from USGS map or more accurate and detailed
contours if available at the time the map is prepared.
(21)
Location, purpose and nature of any existing right-of-way or
other easement and any restrictive covenants, which might affect the
proposed development.
(22)
Accurate existing topography at a contour interval sufficient
to determine compliance with Township ordinances. An interval of two
feet for slopes of less than 15% and five feet for slopes of 15% or
more is recommended.
(a)
If less than five new lots are proposed, detailed contours are
not required to be shown within areas of 10 or more acres that the
plan clearly states shall not be altered as part of the Final Plan
approval.
(b)
Areas with existing slopes of 12 to 25%, and areas greater than
25%, shall be separately highlighted.
(23)
Location of soil types, including those that have a seasonally
high water table and hydric soils. DEP Group classification for each
soil type shall be provided.
(24)
Location of initial soil test pits and perc test locations,
if applicable. Such tests shall be sufficient in number at the preliminary
plan stage to show the general feasibility of the development.
(25)
Major scenic views from within the site and from the perimeter
public rights-of-way into the site.
(26)
Ridgelines.
(27)
Location of trails, wetlands, steep slopes, waterways, drainage
channels and one-hundred-year floodplains that are within 200 feet
from the boundaries of the subdivision or land development. Approximate
locations of existing principal buildings within 100 feet from the
boundaries of the subdivision or land development. These locations
may be based upon visual inspection, existing reports or existing
mapping, as opposed to an actual survey.
(28)
Locations of any well or septic system within 100 feet of the
subdivision shall be shown. If the location cannot be determined,
then the approximate location shall be shown and labeled as such.
(29)
Total acreage of subdivision, including adjusted tract area
calculations.
C.
The Planning Commission or Board of Supervisors may require the identification
of additional known resources or features of the subject property
beyond those identified by the applicant.
2.
Required Open Space.
A.
Open Space. All conservation development subdivisions and/or land developments shall contain an area or areas of open space designed in accordance with the provisions of this Part and the Zoning Ordinance [Chapter 27].
B.
Suitability. Land proposed to be set aside as open space shall maintain
its existing character and preserve notable natural features.
C.
List of resources to be conserved. The design of open space shall
reflect the resources identified in the Existing Resources and Site
Analysis Plan and incorporate, to the fullest extent possible, the
following resources if they occur on the tract:
(1)
Stream channels, floodplains, wet soils, swales, springs and
other lowland areas, including adjacent buffer areas which may be
required to ensure their protection.
(2)
Significant natural areas of species listed as endangered, threatened
or of special concern.
(3)
Moderate to steep slopes.
(4)
Woodlands.
(5)
Groundwater recharge areas.
(6)
Class I, II, and III soils as defined by USDA Natural Resource
Conservation Service.
(7)
Historic structures and sites.
(8)
Visually prominent topographic features, such as knoll, hilltops
and ridges and scenic view sheds as seen from public roads.
(9)
Existing trails connecting the tract to other locations in the
Township.
(10)
Any other constrained lands not specifically identified above.
D.
Configuration of Open Space. The open space shall be visually accessible
to all residences on the tract, depending upon the suitability of
the site and the use of the open space, and shall connect to recreation
areas where appropriate.
(1)
Parcels smaller than three acres, shall not comprise more than
20% of the total required open space.
(2)
Open space should not have a length-to-width ratio exceeding 4:1 or be less than 75 feet in width, except for such lands specifically designed as neighborhood greens (as defined in the Zoning Ordinance [Chapter 27], playing fields or trail links.
(3)
Open space shall be free of structures except historic buildings, and agricultural structures as permitted under this Part or the Zoning Ordinance [Chapter 27].
(4)
Open space shall be consistent with the Township Comprehensive
Plan.
(5)
A neighborhood green, 5,000 to 15,000 square feet in area, should
be created and maintained as open space around which dwellings are
arranged in such a manner that they face the open space directly or
across a street.
(6)
Open space lands shall be aggregated as much as possible and
views of open space along rural roadways shall be preserved.
(7)
Open space lands should be inter-connected within a development
and provide access to other open space on adjoining tracts and regional
trail corridors.
E.
Ownership.
(1)
Fee Simple Dedication to the Township. The open space shall
be offered for dedication to the Township first. The Township may,
but shall not be required to, accept any portion of the open space,
provided that:
(2)
Private Conservation Organization(s). Northampton County, the
Commonwealth of Pennsylvania or its agencies. With permission of the
Board of Supervisors, 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 Northampton County, provided that:
(a)
The conservation organization is acceptable to the Board of
Supervisors and is a bona fide conservation organization intended
to exist indefinitely.
(b)
The conveyance contains appropriate provisions for proper reverter
or re-transfer in the event that the organization or Northampton County
becomes unwilling or unable to continue carrying out its functions.
(c)
The open space is permanently restricted from future development
through a conservation easement and the Township is given the ability
to enforce these restrictions.
(d)
A maintenance agreement acceptable to the Township is established
between the owner and the organization or the governmental entity
or agency.
(3)
Homeowners' association. Open space may be held in common ownership
for the use of all residents of the conservation development subdivision
or land development and shall thereby be controlled and maintained
by a homeowner's association, condominium association or other community
association ("community association") formed in accordance with all
applicable laws of the Commonwealth of Pennsylvania. The elements
of the community association document shall be subject to approval
by the Board of Supervisors, upon review by the Township Solicitor,
and shall include, but shall not be limited to, the following:
(a)
A description of the 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 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 ("declaration"),
giving perpetual easement to the lands and facilities owned by the
community association. The declaration shall be a legal document in
recordable form providing for automatic membership for all owners
of property within the conservation development 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 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)
Statements setting requirements for all owners to provide a
pro rata share of the cost of the operations of the community association.
(h)
Statements describing a process of collection and enforcement
to obtain funds from owners who fail to comply.
(i)
Statements describing a process for transition of control of
the community association from the developer to the unit owners.
(j)
Statements describing how the open space will be insured, including
limit of liability.
(k)
Statements describing provisions for the dissolution of the
community association.
(l)
Statements describing stormwater management facility maintenance
agreements.
(m)
Statements permanently restricting the open space from future
development through a conservation easement under which the Township
is given the ability to enforce these restrictions.
(4)
Private Ownership. The open space may be included within one
or more large conservancy lots provided the open space is permanently
restricted from future development through a recorded conservation
easement. Said easement shall also be noted on the deed to the subject
property in a form approved by the Williams Township Solicitor.
F.
Deed Restrictions/Conservation Easements. The Board of Supervisors
may require that the open space be protected from future development
and subdivision by a permanent conservation easement or deed restriction
that is subject to approval by and is enforceable by the Board of
Supervisors. Such restrictions shall prohibit the construction of
any buildings, except buildings for noncommercial recreation or that
are necessary to support maintenance of the open space.
(1)
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 open space. In such cases, the open space remains in the ownership
of the applicant or its successor(s) while the easements are held
by the Township. In addition, the following regulations shall apply:
G.
Maintenance of Open Space.
(1)
Unless otherwise agreed to by the Board, the cost and responsibility
of maintaining the open space shall be borne by the property owner,
community association or conservation organization.
(2)
In the event that the organization established to maintain the
open space, 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 escrowed funds may be forfeited and any permits may be revoked
or suspended.
(3)
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, community association, conservation
organization or individual property owners who make up a community
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
Northampton County.
H.
Access and Contiguousness. Open space shall be contiguous and shall
have adequate access for maintenance and by pedestrians. The Township
may require that a trail easement be conveyed to the Township to provide
for a needed link between regional trails and/or open space on adjoining
tracts, and may further require the construction of the trail.
I.
Lands Close to Buildings. For the purposes of this section, no land
shall be used to meet the open space requirements of this section
if such land is within:
3.
Conservation Development Design Standards.
A.
Building Lots.
(2)
No portion of the building lot may be used for meeting the minimum required open space. However agricultural land with farm buildings, subject to Subsection 2D(3) of this section, excluding areas used for residence, may be used to meet the minimum required open space.
(3)
Buffers for adjacent public parkland or protected open space.
Where the proposed development adjoins public parkland or open space,
a natural greenway buffer of at least 150 feet deep shall be provided
within which no structures may be constructed. Nor shall any clearing
of trees or understory growth be permitted (except as necessary for
street or trail construction). Where this buffer is not wooded, the
Board may require vegetative screening to be planted.
(4)
When the rear yard of a dwelling unit faces a road, there shall
be at least a forty-foot buffer yard between the existing road and
the dwelling unit.
B.
Private Sewage Disposal Systems. Each lot may only be served by an
on-lot sewage disposal system that will meet all applicable statutes,
ordinances and regulations.
(1)
The applicant shall submit four copies of a completed Land Planning
Module pursuant to Pennsylvania Department of Environmental Protection
rules and regulations concurrent with the preliminary plan or prior
to the final plan submission.
(2)
The approval of the proposed conservation development subdivision
or land development shall be conditioned upon the receipt by the Township
of the approval of the Land Planning Module by the appropriate agencies.
(3)
Failure to submit the approvals of the Land Planning Module
by the appropriate agencies shall render any preliminary plan approval
null and void.
(4)
Prior to final plan recording, each new lot shall include an
appropriate land area for an alternate septic system location.
(a)
The Sewage Enforcement Officer shall provide written evidence
that the alternate septic system location includes sufficient isolation
distances, slopes and a percolation test to meet PA DEP requirements.
Such SEO shall also certify that soil probes indicated that the site
would be appropriate.
(b)
An alternate septic system location shown on an approved plan
shall be kept in open vegetation, unless the lot owner submits documentation
and a site plan to the Township staff proving that a different location
would meet requirements of this section and would be reserved.
(c)
The Township shall require a deed restriction to ensure that
the alternate drain field location is kept open with undisturbed soils
until such time as the drain field may be needed.
(5)
No site work including clearing, grubbing or grading, shall
occur until after the applicant submits evidence of approval by the
County Conservation District of the Soil and Erosion Control Plan.
Prior to the start of any construction or earth moving, soil erosion
and sedimentation control plans shall be found acceptable in writing
by the County Conservation District. A copy of the approval shall
be received by the Township prior to the start of such activities.
C.
Stormwater Drainage. A Preliminary Drainage Plan for controlling
stormwater shall be submitted with the preliminary plan.
(1)
The preliminary plan shall demonstrate compliance with the applicable
Williams Township Stormwater Management Ordinance.
(2)
The Township strongly encourages use of small infiltration areas
or small "rain gardens" as the method for controlling stormwater and
discourages the use of central detention basins with large tributary
areas. For the purposes of this section, the term "rain garden" is
defined as a stormwater retention system that captures rainfall and
run off in a landscaped small scale area close to the source, designed
to foster infiltration of rainwater.
D.
Street/Roadway Design.
(1)
All streets within a conservation development shall be constructed
with a minimum right-of-way width of 50 feet.
(2)
Within this right-of-way, a cartway shall be constructed with
a minimum width of 28 feet, containing two travel lanes and one lane
of parking, unless it can be shown that all parking within the subdivision
can be accommodated off-street. In the case where no on-street parking
is permitted, a twenty-five-foot wide cartway will be permitted.
(3)
Street tree plantings are required at a minimum of 40 feet on
center on both sides of the street, planted within five feet and eight
feet of the roadway edge. Clustering of trees to provide a naturalistic
effect will be permitted at the discretion of the Planning Commission.
(4)
A pedestrian walkway or internal trails is required to promote
and accommodate pedestrian travel outside of the streets.
(5)
Culs-de-sac are discouraged, but permitted where improved site
design and resource preservation results. Loop or connected street
systems are preferred. Good design principles shall be employed to
address the design and attractiveness of culs-de-sac.
(6)
Adequate parking for residents and guests shall be included
within the design of the development.
E.
Open Space Ownership and Management. An open space ownership and Management Plan and/or report is required indicating how the open space will be owned, managed, financed and who will be responsible for any subdivision or land development where the conservation development process is used. (See Williams Township Zoning Ordinance [Chapter 27] Part 20.)
