(A) It is the intent of this section to promote the goals of the Township Master Plan to permit the development of single-family dwellings in patterns that will:
(1) Protect rural character and productive agricultural lands;
(2) Minimize demand for public service;
(3) Encourage a more creative approach to single-family residential development than conventional land division and allow greater flexibility in the placement of units;
(4) Provide a more desirable living environment through the preservation and conservation of natural features such as topography, wetlands, woodlands, water bodies, and other natural assets;
(5) Reduce the number of driveways accessing county primary and local roads; and
(6) Encourage the provision of open space.
(B) The open space preservation developments shall be located on a minimum of ten contiguous acres.
(C) In the review of a proposed development under this section, the Planning Commission shall make the following findings.
(1) The intent of the open space preservation option, as set forth in this section, is met.
(2) The parcel contains natural assets that would be preserved through the use of open space development. These assets may include natural stands of large trees; land which serves as a natural habitat for wildlife; wetlands; bodies of water (i.e., streams, rivers, and lakes); unusual topographic features; major topographic conditions which make development under normal zoning impractical; or other natural assets that would be preserved; or the parcel contains productive agricultural lands which would be preserved through the use of an open space development.
(3) Due to the size and shape of the parcel, utilization of the open space preservation option would result in the more creative and efficient use of the property and would not create a negative effect upon surrounding properties.
(D) All open space developments shall conform to the following site design requirements.
(1) When completed, the development shall have a minimum of 50% of area devoted to open space for the use and enjoyment of residents of the development or the public, as applicable, subject to the following standards:
(a) Designated open space shall remain either in its natural state and/or used for specifically designed recreational purposes;
(b) Designated open space may include area within the development setback as required by division (D)(2) below;
(c) Designated open space shall not include: rights-of-way or easements designated for road purposes, areas within lots, or land which is underwater (lakes, streams, water courses, and other similar bodies of water);
(d) The reservation of open space areas under this section shall be conditioned upon the recording of appropriate conservation easements or other instruments for the purpose of providing for long-term maintenance and preservation of common areas, open space areas, wooded areas, and/or other areas with natural resources or features to be preserved on the property. Any easement and/or other instrumentation shall be in a form and contain the content approved by the Township Attorney;
(e) Open space areas shall be large enough and of proper dimensions so as to constitute a useable area, with adequate access, through easements or other similar arrangements, such that all properties within the entire development may utilize the available open space; and
(f) Open space may be provided where significant natural features may be preserved and/or be used for passive or active recreation. Open space is encouraged to be located between neighborhood clusters of housing units.
(2) Development setback.
(a) Any BUILDING AREA, which, for the purposes of this section, shall mean the area within any lot lines on a lot on which a principal use is located, shall be located at least 200 feet from any public street right-of-way not constructed as part of the development.
(b) No native or natural vegetation shall be removed from the 200-foot setback, nor any grading or changes in topography occur, except that necessary for entrance roads, required utilities, or drainage improvements.
(c) The Planning Commission may modify this requirement provided the applicant demonstrates that the clearing of existing vegetation would contribute significantly to the intent of the open space development.
(d) The Planning Commission may reduce this setback if existing landscaping provides a natural screen, or the proposed development provides such a landscape screen. In any case, the setback shall be not less than 100 feet. The landscape screen shall meet all of the following minimum requirements:
1. Occupy at least 70% of the lineal distance of the property line abutting any public street right-of-way;
2. Have a depth of unoccupied land of at least 50 feet;
3. Have at least 50% opacity from the roadside view at the time of planting; and
4. Consist of existing vegetation, land forms, or landscaped areas using native or natural materials, or a combination thereof.
(e) Sites abutting more than one public street shall be permitted to reduce the setback on the shortest side of the abutting streets to 100 feet without a natural screen. No native or natural vegetation shall be removed from the 100-foot setback, nor any grading or changes in topography occur, except that as may be necessary for entrance roads or utilities.
(3) To provide an orderly transition of density when an open space development abuts a residential district of equal or lower density, the township may require open space along the common boundaries, screening in accordance with the requirements of this chapter, and/or an area or row of lots generally equal or nearly equal in size and character with neighboring residential lots.
(Ord. passed 7-30-2015)