A. Specific intent. The single-family cluster development provisions are intended to serve the following objectives, in addition to the goals and objectives stated in the Comprehensive Plan and in §§ 240-3 and 240-7:
(1) To provide optional regulations to encourage high-quality lot layouts, site planning and landscaping design.
(2) To reduce area and dimensional specifications under this section only as a means for residential developers to improve the feasibility of creating attractive and usable open space, preserve desirable natural features and provide attractive and practical designs in lot layout, street alignment and building orientation.
(3) To provide for needed active and passive recreation areas to complement natural open spaces and to preserve environmental resources, such as flood-prone areas and wetlands.
(4) To limit development on steep slopes, protect surface and groundwater quality and encourage groundwater recharge.
(5) To promote the preservation of significant historical sites and structures and to protect the character of these features by encouraging the provision of open space around them.
(6) To promote high-quality land planning, including:
(a) Careful site analysis of the natural landscape.
(b) Sensitive design to make pedestrian and vehicle circulation useful, safe and environmentally sound.
(c) Sensitive, attractive and functional layout of lots and buildings.
(d) Provision of extensive attractive landscaping.
(7) To seek to protect the scenic beauty of the township, including scenic roads.
(8) To encourage development to be directed towards the most suitable portions of a tract.
(9) See illustrations in Sketch I in the Appendix.
B. Overall cluster standards.
(1) Any single-family cluster development shall meet the regulations of this section.
(2) Single-family cluster developments shall only be permitted where specifically listed as permitted in the applicable zoning district regulations.
(3) The general standards in § 240-31C for a conditional use shall apply to a single-family cluster development.
C. Minimum tract area and maximum density for cluster development. The following regulations shall be observed:
(1) The tract of land shall be in single and separate ownership or filed jointly by the owners of the entire tract and shall contain a minimum of 20 contiguous acres.
(2) Each lot used as a dwelling site shall be served by a centralized public water supply system and a centralized sewage disposal system.
(3) The percentage of common open space shall be as required in Subsection D, and in no case shall the common open space include less than eight acres, except that the Board of Supervisors, in its sole discretion, may permit a development to have less than eight acres of common open space if the common open space would abut existing common open space.
(4) In the R-2 and I-2 Districts, in no case shall the total number of dwelling units exceed the total number of acres in the cluster development.
D. Area and bulk regulations for cluster development. The following reduced area and bulk regulations shall apply to single-family detached dwellings in an approved single-family cluster development. All utilities shall be provided underground.
(1) R-2 or I-2 District - Option 1:
(a) Lot area: 25,000 square feet minimum.
(b) Lot width at building setback line: 115 feet minimum. (NOTE: If the record plans clearly state that a minimum fifty-foot front yard building setback will apply for a lot, then the required lot width for that lot may be met at such fifty-foot setback instead of the thirty-five-foot minimum setback. )
(c) Common open space: A minimum of 40% of the area of the tract.
(2) R-2 or I-2 District - Option 2:
(a) Lot area: 20,000 square feet minimum.
(b) Lot width at building setback line: 110 feet minimum. (NOTE: If the record plans clearly state that a minimum fifty-foot front yard building setback will apply for a lot, then the required lot width for that lot may be met at such fifty-foot setback instead of the thirty-five-foot minimum setback. )
(c) Common open space: A minimum of 50% of the area of the tract.
(3) R-2 or I-2 District - provisions applying to Options 1 and 2:
(b) Side yards: 20 feet minimum each side.
(c) Rear yard: 35 feet minimum.
(f) Impervious coverage per lot: 30% maximum.
(4) R-4 District:
(a) Lot area: 9,000 square feet minimum.
(c) Common open space: A minimum of 30% of the total lot area of the tract.
(e) Side yards: 10 feet minimum each side.
(f) Rear yard: 20 feet minimum.
(i) Impervious coverage per lot: 40% maximum.
E. Cluster uses. A single-family cluster development shall only include the following uses: single-family detached dwellings, noncommercial outdoor recreation uses, publicly owned recreation uses and the same accessory uses as are listed as permitted in § 240-9E.
F. Cluster open space regulations.
(1) Use and maintenance. All land held for open space shall be so designated on the plans. The plans shall contain the following statement: "open space land may not be separately sold nor shall such land be further developed or subdivided. " The subdivision or land development plans shall further designate the use of open space, the type of maintenance to be provided and a planting plan or schedule. In designating use and maintenance, the following classes should be used:
(a) Lawn. A grass area with or without trees which may be used by the residents for a variety of purposes and which shall be mowed regularly to ensure a neat and tidy appearance.
(b) Natural area. An area of natural vegetation undisturbed during construction, or replanted, may contain pathways. Meadows shall be maintained as such and not left to become weed-infested. Maintenance may be minimal but shall prevent the proliferation of weeds and undesirable plants. Trash and construction debris shall be removed, and streams shall be kept in free-flowing condition.
(c) Recreation area. An area designated for a specific recreation use, including but not limited to tennis, swimming, shuffleboard, playfield and tot lot. Such areas shall be maintained so as to avoid creating a hazard or nuisance, and shall perpetuate the proposed use.
(d) Planting area. An area created for purposes of hedgerow replacement, buffer planting area and/or plant screening.
(2) Ownership of open space. All required common open spaces shall be protected by a conservation easement in perpetuity, with the Board of Supervisors, at a minimum, provided with the authority to enforce such easement. Ownership for the open space area shall be by any of the following procedures, provided that the legal mechanisms for such proper ownership and maintenance are acceptable to the Board of Supervisors, based upon review by the Township Solicitor:
(a) Ownership by the township. The Board of Supervisors may, at its option, now or in the future, voluntarily accept the dedication of all or part of the common open space.
(b) Ownership by a nature organization. The sale, lease or other disposition of open space to an established lawfully incorporated nonprofit nature conservation organization acceptable to the Board of Supervisors or to a homeowner's association to be incorporated in a form acceptable to the Board of Supervisors. Such organization shall be chartered under the laws of Pennsylvania to administer and maintain the land and facilities, subject to an acceptable deed restriction or conservation easement in perpetuity. The eventual disposition of said open space shall be limited to the purposes stated in the article of incorporation.
(c) Ownership by individuals. The inclusion of the open space in the deed description of the individual purchasers or subdivision, subject to an acceptable deed restriction or conservation easement in perpetuity limiting the eventual disposition of said open space for the purposes outlined in the plan submitted to the Township Supervisors.
[1] Such private ownership shall only be permitted if the applicant proves that it is the most reasonable and responsible method of ensuring protection, ownership, maintenance and funding of the common open space.
[2] Access rights shall be guaranteed for all residents within the development.
(d) Other methods. Such other method that the applicant proves to the full satisfaction of the Board of Supervisors will ensure proper protection, ownership, maintenance and funding of the common open space.
(3) Planting and recreation facilities within common open space areas. The developer shall provide designated planting and areas suitable for active or passive recreation within open-space areas. A performance bond or other securities shall be required to cover the cost of installation in accordance with provisions of Chapter 205, Subdivision and Land Development. The use of species of vegetation that are native to the area is encouraged.
(4) Determination of open space areas. The applicant shall recognize that the township encourages that the following resources and conditions, as applicable, be carefully and appropriately considered in determining which areas are to be set aside as common open space:
(a) Flood-prone areas, wetlands, watercourses, ponds and creek valleys.
(b) Concentrations of slopes of 15% or steeper.
(c) Woodlands and forested areas.
(d) Areas proposed as greenways or recreation areas or other applicable recommendations in the Township Comprehensive Plan and/or open space, recreation and environmental resources plan.
(e) Historic buildings and sites,
(f) Land within 100 feet of the perimeter of the tract, as described in Subsection F(7) below.
(g) Lands highly suitable for recreational purposes.
(h) Scenic areas and vistas and other highly visible views.
(i) How the common open space will relate to the objectives of a single-family detached cluster development.
(5) Common open space design standards.
(a) No individual area of the common open space shall be less than one acre in size and no area of common open space shall be less than 50 feet in width. The common open space shall be made up of the minimum number of separate areas possible, it being the specific intention of this provision to require that a single-family cluster development contain a small number of large areas of common open space as opposed to numerous small areas of common open space.
(b) If the Board of Supervisors determines that a tract includes an appropriate location for active recreation, then a minimum of 20% of the minimum required common open space shall be made suitable for active recreation. Such areas shall include a maximum slope of 6% and not be wetlands.
(c) The applicant shall show that the common open space will or shall be conveniently accessible to the residents of homes intended to be served by it. The common open space shall be clearly delineated on development plans.
(d) Common open spaces shall be coordinated with other nearby existing, proposed or potential common open spaces or parks, either through being contiguous or through safe, pedestrian/wildlife connections whenever possible. Where a single-family cluster development would abut an undeveloped tract and/or a future development phase, the proposed common open space shall be located in consideration of the potential to eventually link together open space on the two tracts or phases. [Amended 3-18-2003 by Ord. No. 129-D-03]
(e) The proposed common open spaces shall be accurately and clearly delineated on the layout plan. The intended class of each area of open space shall be stated, which should follow the categories listed in Subsection F(1) .
(f) Common open space areas that are not already wooded and are not approved as lawn, natural areas or recreation areas shall be attractively and extensively landscaped, according to a plan approved by the Board of Supervisors.
(g) Common open space shall have appropriate access for needed maintenance.
(h) Any common open space required by this section shall be in addition to any open space that may be required by any other applicable provision of a township ordinance.
(6) Common open space calculation. The following land areas shall not be permitted to be counted towards the minimum required common open space within single-family cluster developments:
(a) Rights-of-way or easements, including overhead electric transmission lines of 35 kilovolts or higher capacity.
(b) Stormwater management facilities, but no more than 10% of the required common open space may be so used.
(c) Public or private streets, existing or proposed street rights-of-way, roads, parking aisles and parking spaces, except parking spaces clearly intended to primarily serve recreation uses within the common open space.
(d) Yards, setbacks and minimum lot areas for existing or proposed dwelling units.
(7) Perimeter of tract. Land within up to 100 feet of the perimeter of the tract may be considered acceptable by the Board of Supervisors as part or all of the required common open space, regardless of the natural features of the land, if the Board of Supervisors finds that such open space is needed to buffer homes from a major road or business uses or would best protect the character of a highly scenic or historic area. In place of a one-hundred-foot-wide buffer, consideration should be given to a fifty-foot-wide buffer with a landscaped earth berm with maximum side slopes of 3 to 1. A "berm" shall be defined as an area of elevated earth designed to provide at least a partial visual barrier.
G. Additional objectives for evaluating cluster development. The following design objectives shall be mandatory for single-family cluster developments:
(1) The conservation of woodlands and forests, and the preservation of large healthy specimen trees (which may require use of tree wells where needed) .
(2) The relationship of the development to the objectives stated in Subsection A.
(3) The provision of attractive and extensive landscaping, which may include deed restrictions requiring lot owners to provide certain levels of landscaping, in addition to landscaping of the common open space.
(4) The minimizing of regrading of steep slope areas.
(5) The protection of creek valleys, wetlands and important aquatic and wildlife habitats.
(6) The preservation of important historic buildings.
(7) The provision of pedestrian trails to connect common open spaces with homes and any other nearby destinations.
(8) The site planning of the site to minimize the visual intrusion of the development as viewed from highly scenic roads and highly scenic vistas.
**Webmasters Note: The previous section has been amended as per Ordinance No. 129-D-03.
