(Added 9-17-1997 by Ord. No. 1531
In expansion of the declaration of legislative intent found in Article I, § 150-2 of this chapter, and the statement of community development objectives found in Article I, § 150-3 of this chapter, the primary purpose of the Rural Preservation District (RPD) is to preserve rural community character and woodlands that would be lost under conventional development Specific objectives are as follows
A. To preserve scenic views and elements of the township's rural character and to minimize perceived density by minimizing views of new development from existing roads
B. To preserve 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
C. To implement the goals of the township's Comprehensive Plan and Open Space/Recreation Plan
D. To reduce erosion and sedimentation by the retention of existing vegetation and the minimization of development on steep slopes
E. To create new woodlands through natural succession and reforestation where appropriate and to encourage the preservation and improvement of habitat for various forms of wildlife
In any zoning district where development is permitted under the regulations of the RPD Rural Preservation District, land may be used for the following purposes
A. Single-family detached dwellings may be clustered on tracts of 10 acres or more as set forth in this article, provided at least 35% of the tract is kept in open space and all other requirements of the RPD Rural Preservation District are met
B. Open land, comprising a portion of an RPD residential development, in accordance with the requirements of § 150-110 3
Protected open land shall meet the following standards
A. The following uses are permitted in open land areas
(1) Conservation of open land in its natural state (for example, woodland, fallow field or managed meadow)
(2) Agricultural uses, including raising of crops or livestock, and farm buildings, excluding residences, which are needed to serve an active, viable agricultural operation
(3) Passive noncommercial recreation including, but not limited to, trails, picnic areas, community gardens and lawn areas
(4) Active, noncommercial recreation areas, such as playfields, playgrounds and courts, meeting the setback requirements in § 150-110 5B(4) herein
(5) Wells and sewage drainage fields
(6) Private pasture for horses in accordance with the requirements of § 150-177 of the Zoning Ordinance
(7) Easements for drainage, access, sewer fines, waterlines or recreation
(8) Stormwater management facilities for the proposed development, provided that such facilities occupy no more than 10% of the required amount of open land
(9) Parking areas where necessary to serve active recreation facilities with the appropriate number of spaces to be determined by the Board of Supervisors
(10) Underground utility rights-of-way Aboveground utility and road rights-of-way may pass through open land areas but shall not count toward the required minimum 35% total open land requirement
B. No portion of any building lot or road right-of-way area may be used for meeting the minimum required amount of open land
C. Open land areas shall be located between preexisting public roads and the proposed homes The proposed homes shall be located as far from preexisting public roads as environmental conditions will allow With the permission of the Board of Supervisors, open space land may be located elsewhere in the subdivision subject to the following criteria
(1) When the open space shall be used for a public park or trail connection shown in the township's Open Space Plan and/or Comprehensive Plan, this open space may be located away from existing public roads, with the proposed homes closer to existing public roads, provided that the Township Supervisors determine that the proposed park or trail area meets township goals and policies
(2) When there are significant woodlands, steep slopes, wetlands, floodplains and/or historic buildings that would be preserved or protected by relocating the open space, open space may be located away from
existing public roads, provided that the Township Supervisors determine that the proposed preservation area meets township goals and policies outlined in the township's Open Space Plan and/or Comprehensive Plan
D. Safe and convenient pedestrian and maintenance access shall be provided to open land areas
E. Natural features shall generally be maintained in their natural condition, but may be modified to improve their appearance, functioning or overall condition, as recommended by experts in the particular area being modified Permitted modifications may include
(1) Reforestation
(2) Woodland management
(3) Meadow management
(4) Buffer area landscaping
(5) Streambank protection
(6) Wetlands management
F. All open land areas that are not wooded shall be landscaped in accordance with the RPD landscaping requirements of the township's Subdivision and Land Development Ordinance 12
A. All open land shall be permanently restricted from future subdivision and development Under no circumstances shall any development be permitted in the open space at any time, except for those uses listed in § 150-110 3 above
B. Ownership The following methods may be used, either individually or in combination, to own common facilities, however, open land shall be initially offered for dedication to the township Common facilities shall not be transferred to another entity except for transfer to another method of ownership permitted under this section and then only when there is no change in the common facilities or in the open space ratio of the overall development Ownership methods shall conform to the following
(1) Fee simple dedication to the township The township may, but shall not be required to, accept any portion of the common facilities, provided that
(a) There is no cost to the township, and,
(b) The township agrees to and has access to maintain such facilities
(2) Condominium association Common facilities may be controlled through the use of condominium agreements Such agreements shall be in accordance with the Pennsylvania Uniform Condominium Act of 1980, as amended " All open land and common facilities shall be held as "common element"
(3) Homeowners' association Common facilities may be held in common ownership by a homeowners' association, subject to all of the provisions for homeowner's associations set forth in Article VII, Section 705(f) of the Pennsylvania Municipalities Planning Code 14 In addition, the following regulations shall be met
(a) The applicant shall provide the township a description of the organization of -the proposed association, including its bylaws, and all documents governing ownership, maintenance and use restrictions for common facilities
(b) The proposed association shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before the sale of any dwelling units in the development
(c) Membership in the association shall be mandatory for all purchasers of dwelling units therein and their successors and assigns
(d) The association shall be responsible for maintenance and insurance of common facilities
(e) Written notice of any proposed transfer of common facilities by the association or the assumption of maintenance for common facilities must be given to all members of the association and to the township no less than 30 days prior to such event
(f) The association shall have adequate staff to administer, maintain and operate such common facilities
(4) Transfer to a private conservation organization or Montgomery County With permission of the Township, an owner may transfer either fee simple title of the open space or easements on the open space to a private nonprofit conservation organization or 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 organization or Montgomery County becomes unwilling or unable to continue carrying out its functions
(c) The open space is deed restricted against development 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 Montgomery County
(5) Dedications 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 facilities In such cases, the facility remains in the ownership of the condominium association, homeowners' association or private conservation organization while the easements are held in public ownership In addition, the following regulations shall apply
(a) There shall be no cost of acquisition to the township
(b) Any such easements for public use shall be accessible to the residents of the township
(c) A satisfactory maintenance agreement shall be reached between the owner and the township
C. Maintenance Unless otherwise agreed to by the Board of Supervisors, the cost and responsibility of maintaining common facilities and open land shall be borne by the property owner, condominium association, homeowners' association or conservation or organization
(1) The applicant shall, at the time of preliminary plan submission, provide a plan for maintenance and operation of common facilities in accordance with the following requirements
(a) The plan shall define ownership
(b) The plan shall establish necessary regular and periodic operation and maintenance responsibilities
(c) The plan shall estimate staffing needs, insurance requirements and associated costs and define the means for funding the maintenance and operation of the open space on an
ongoing basis Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs
(d) At the township's discretion, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common facilities for up to one year
(e) Any changes to the maintenance plan shall be approved by the Township Board of Supervisors
(2) Failure to maintain facilities, corrective action
(a) In the event that the organization established to maintain common facilities, or any successor organization thereto, fails to maintain all or any portion of the common facilities in reasonable order and condition, the township may, in accordance with Article VII, Section 705 of the Pennsylvania Municipalities Planning Code, assume responsibility for maintenance, in which case any escrow funds may be forfeited and any permits may be revoked or suspended
(b) The township may enter the premises and take corrective action 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 the county
All development and use of land under the RPD District standards shall meet the following density and dimensional standards
A. Density and density bonus The following two steps shall be used to calculate density
(1) A yield plan, showing the maximum number of lots that could be developed, shall be prepared for the tract proposed for subdivision This yield plan shall meet the lot size and other dimensional standards of §§ 150-12 through 150-14 of the AGR Agricultural District, as well as the lot area calculation and all other applicable standards of the township's Zoning and Subdivision and Land Development Ordinances
(2) The number of residential lots permitted under the yield plan shall be multiplied by 1 15 to determine the number of lots permitted under RPD zoning
(3) The number of residential lots permitted under the yield plan shall be multiplied by 125 to determine the number of lots permitted under RPD zoning where the total tract size is less than 50 acres, a significant contiguous, wooded area of at least three acres is being preserved and where a preexisting, estate home is being preserved on its own lot of no less than four acres
B. Dimensional standards
(1) Minimum tract size for RPD development is 10 acres
(2) Minimum percent of common open land is 35% of gross tract area
(3) Standards for residential lots within an RPD development
(a) Minimum lot size-is 30,000 square feet
(b) Minimum lot width is 125 feet
(c) Minimum front yard setback from abutting streets is 50 feet
(d) Minimum side yard setback is 25 feet
(e) Minimum rear yard setback is 50 feet
(f) Minimum building setback from tract boundaries is 75 feet
(h): Maximum impervious Coverage is 25% of lot area.
**Webmasters Note: Sections 150-110.5.B(3)(g and (h) have been amended by Ordinance No. 2006-212, effective December 20, 2006.
(i) Flag lots shall be permitted but shall not exceed 10% of the total number of lots provided On tracts where it can be demonstrated that no other configuration is reasonably possible, an additional 10% of the total number of lots may be flag lots if approved by the Board of Supervisors during the conditional use process
(4) Setback of residential lots from preexisting streets Residential lots within an RPD development must be set back from preexisting public roads in accordance with the standards outlined below The area between the residential lots and the preexisting streets shall be open land and may be used to meet the 35% open land requirement
(a) Minimum setback of residential lots from preexisting secondary collector and primary street ultimate rights-of-way, as defined by the township, is 300 feet
(b) Minimum setback of residential lots from all other pre-existing street ultimate rights-of-way, as defined by the township, is 200 feet
(c) Minimum setbacks set forth in Subsections B(4)(a) and B(4)(b) above may be reduced by 50% at the discretion of the Board of Supervisors when the criteria set forth in § 150-110 3C(1) and C(2) have been met
(d) All setback areas along external roads shall be landscaped to preserve scenic views and integrate the neighborhood into the surrounding landscape This shall be done by deciduous reforestation, hedgerow preservation, use of naturalistic plantings and land forms or other similar landscaping technique All plantings should comply with the landscape ordinance in the township's Subdivision and Land Development Ordinance
