(A) Purposes. To allow reasonable amounts of flexibility in site planning of residential development to:
(1) Protect environmentally sensitive areas and avoid severe soil erosion and sedimentation;
(2) Avoid severely increased storm water flows and speeds;
(3) Preserve areas of prime farmland;
(4) Provide additional recreation land;
(5) Direct development to those areas that are more physically suited for it;
(6) Avoid construction of steep roads that are difficult, time-consuming, and expensive to maintain and plow snow upon;
(7) Avoid increased use of steep roads and driveways that are dangerous to drive upon in snow and ice,
(8) Conserve forested areas that are an important part of the ecological cycle, providing for groundwater recharge, air pollution reduction and wildlife habitats,
(9) Reduce construction costs and municipal maintenance costs,
(10) Provide for transitional forms of development between residential and agricultural or industrial areas or highways, with open space serving as a buffer, and
(11) Allow each property owner a reasonable use of their land, related directly to the features and location and accessibility of the land. This option will encourage the establishment of significant areas of preserved open space.
(B) Applicability. This section allows an applicant the option to reduce the minimum lot areas on tracts of land if the applicant proves compliance with all of the requirements of this section to the satisfaction of the township.
(1) The Conservation/Open Space Development Option Overlay District (“COSDO-OD”) is an overlay established to permit conservation/open space development design within the areas designated on the Official Zoning Map. Conservation/open space development shall be permitted by right solely within the COSDO-OD, in accordance with the minimum requirements set forth in this section. In the absence of a specific standard for conservation/open space development design appearing in this section, the provisions of the base zoning district shall apply.
(2) Uses. A COSDO shall only include the following uses: single family detached dwellings, nature preserves, township-owned recreation, recreation uses that the township approves to be within the preserved open space, crop farming, raising and keeping of horses, customary keeping of livestock as accessory to crop farming, utilities necessary to serve the development, and customary permitted accessory uses. A manufactured home park shall not qualify as a COSDO. In addition, a twin dwelling unit with the dwelling units separated by a vertical wall shall be allowed as long as each unit is on a separate lot.
(3) A tract shall be eligible for approval for a COSDO if it includes a minimum of 25 acres of lot area in common ownership. Such land area shall be contiguous, except that portions of the tract may be separated only by existing or proposed streets or creeks.
(a) The amount of preserved open space shall be based upon the total lot area of all lots within the development, prior to subdivision.
1. Areas that were preserved by a conservation or agricultural preservation easement or deed restriction prior to the submittal of the subdivision plan shall not be counted towards the area of the tract in calculating preserved open space or allowed density.
2. See the definition of “Open Space, Preserved” in § 155.051. That definition provides that certain features not count towards preserved open space. Areas used for a principal non-residential use (other than uses approved by the township to be part of the preserved open space, such as an agricultural barn) shall not be included within the land area used to calculate residential density.
(b) Conservation easements or deed restrictions shall be established on lots as necessary to ensure that the maximum density requirement is met overtime. Such conservation easements shall prevent the re-subdivision of lots in a manner that would violate this section.
(4) A COSDO shall be designed as a unified, coordinated residential development, and shall be approved with a single development plan proposed by a single development entity. After final subdivision approval and within an approved development agreement(s) and phasing plan, portions of the development may be transferred to different entities, provided that there is compliance with the approved development plan and this section.
(5) Procedures. Applicants must first submit a layout plan and an existing features plan for review by the township for zoning compliance. The applicant and township officials are strongly encouraged to walk the tract after a detailed existing features map has been provided to the township, but before the site layout has been finalized before completing detailed fully engineered preliminary subdivision plans. This two-step process will allow the township and the applicant to mutually agree upon the preserved open space and development layout before large sums of money are spent by the applicant on detailed engineering. Detailed stormwater, grading, utility, profile and erosion control plans shall not be required at the zoning compliance review stage if such matters will be submitted as part of the subdivision or land development approval process.
(C) Density, open space and lot standards. The maximum number of dwelling units on the tract shall be determined based upon an existing features map and a yield plan.
(1) An existing features map shall be required to be submitted as part of the application for a COSDO. This existing features ,ap shall accurately show the locations of the following at a minimum: wetlands, 100-year floodplains, areas of woodland, existing topography, existing buildings with a description of any buildings over 70 years old, highlighting of 15% to 25% slopes and 25% and greater slopes, and any major scenic views from within the tract or from outside of the tract.
(2) A yield plan shall be submitted to the township by the applicant. The yield plan shall accurately show the maximum number of dwelling units that would be possible under current township ordinances if the conservation/open space development provisions would not be used, and instead the provisions for conventional development in the applicable zoning district would be used. The yield plan shall be completed to an accurate scale, including accurately showing the existing feature map information described above. The yield plan shall show potential lots, streets, and retention/detention pond locations. However, the yield plan shall not serve as, and is not required to contain, the engineering detail requirements of a preliminary subdivision plan.
(3) The yield plan shall be reviewed by the Zoning Officer or the Township Engineer, and then determined by the Planning Commission as to whether it represents a reasonably accurate estimate of the number of dwelling units possible on the site, both physically and legally. If such estimates are determined to not be accurate, the applicant shall be required by the Zoning Officer or the Township Engineer to revise the yield plan until it is accurate.
(a) The maximum number of dwelling units allowed on the tract through COSDO shall be the same as the number of dwelling units that is determined by the township to be possible under the township-accepted yield plan.
(b) The allowed number of dwelling units may be rounded to the nearest whole number.
(c) The yield plan shall not have any legal standing except for the purposes of determining density for a COSDO.
(4) All provisions of this zoning ordinance and the applicable zoning district shall apply, except for provisions that are specifically modified by this section. For example, lots in a COSDO shall comply with any requirements of this chapter to delete certain natural features from lot area of individual lots. The following dimensional requirements shall apply, provided that the total maximum density for the tract is not exceeded and central sewer and central water services are provided:
(a) R-A District. The minimum lot area shall be 21,780 square feet (one-half acre). The reduced dimensions in this division shall only apply if central sewage and central water services are provided.
1. For single family detached dwellings the minimum lot area shall be 21,780 square feet (see natural feature regulations including § 155.112 for steep slopes. The minimum lot area is per dwelling unit.) The same dimensional requirements shall apply as are provided for in conventional development in the R-A District, except that the minimum lot width shall be reduced to 110 feet. The minimum front yard setback shall be reduced to 30 feet. The minimum side yard setback shall be reduced to 45 feet total with a 20-foot minimum on one side. The maximum percent of impervious cover shall increase to 30%. These dimensions shall only apply if central sewage and central water services are provided. A minimum of 50% of the total lot area of the tract (prior to subdivision) shall be preserved as preserved open space.
2. For twin dwelling units, the following dimensional requirements shall apply: The minimum lot area shall be 21,780 square feet (see natural feature regulations including § 155.112 for steep slopes. The minimum lot area is per dwelling unit.) The minimum lot width shall be 110 feet per dwelling unit. The minimum front yard setback shall be 30 feet. The minimum rear yard setback shall be 50 feet. The minimum side yard setback shall be 40 feet on one side and zero feet on the other side where the shared lot line of the lawfully attached dwelling is. The maximum percent of building coverage is 25%. The maximum percent of impervious coverage is 25%. Only side-by-side dwellings shall be allowed. These reduced dimensions shall only apply if central sewage and central water services are provided.
(5) Utilities. Any lot with a lot area of less than one acre per dwelling unit shall be served by township-approved centralized sewer service and a township-approved centralized water system.
(6) Subdivision of part of a tract. This division (C)(6) addresses a situation in which only part of a lot is proposed to be subdivided, and the applicant at the present time does not intend to subdivide for the maximum number of dwellings allowed by this section. In such case, the applicant shall establish a permanent conservation easement covering preserved open space to comply with this section. Because only part of the tract is being subdivided, it may not be necessary to meet the preserved open space requirement based upon the area of the entire tract.
(a) The land under the conservation easement shall be a shape that is approved by the township and shall be located where it could adjoin land that would be added as preserved open space in the future if the total allowed number of dwellings would be developed.
(b) The following hypothetical example assumes a tract includes 50 acres, and the yield plan determines that the applicant for a COSDO is allowed a total of 30 new dwellings. In this example, the applicant only wishes to subdivide lots for ten new dwellings at the present time, which is one-third of the total number of allowed dwellings. At the present time, only one-third of the open space would need to be preserved, compared to if all of the allowed housing units would be developed. However, the preserved open space would need to be placed on the tract at a location where it could be joined by the remaining acres of land under a conservation easement if the applicant in the future decided to subdivide lots for the remaining 20 dwelling units that are allowed.
(7) A minimum of 80% of the required preserved open space shall be in one contiguous lot, except that the preserved open space may be separated by creeks, water bodies, and a maximum of one street.
(a) As part of this type of development approval, the Board of Supervisors may approve the following, if the applicant proves to the satisfaction of the Board of Supervisors that such configuration would serve the purposes of this section and be in the best interests of the township, considering the unique circumstances of the tract:
(b) A reduction of the percentage of the preserved open space that is in one lot; or
(c) The crossing of the preserved open space by two or more streets.
(d) An access way limited to emergency vehicles may also cross the preserved open space.
(8) The Board of Supervisors may require that the majority of the required preserved open space be placed:
(a) Adjacent to an existing or planned public or homeowner association-owned recreation area,
(b) Adjacent to existing farmland,
(c) At the edge of a neighboring undeveloped lot, where the preserved open space could be connected in the future to open space on that neighboring lot, or
(d) Adjacent to an arterial street or expressway where the open space will serve to buffer homes from the traffic.
(D) Conditions for approval. An COSDO shall only be approved if the applicant proves to the satisfaction of the township that the following additional conditions shall be met:
(1) That the open space development would clearly serve a valid public purpose that would result in a development that would be superior to what would result if the land would be developed as a conventional development. Such valid public purposes include but are not limited to the following:
(a) The permanent preservation of dense forests, steep slopes, wetlands, creek valleys, mountain ridges, important wildlife corridors/habitats, highly scenic areas or other sensitive natural features.
(b) The permanent preservation of a substantial area of land in agricultural uses, in a tract of proper size and configuration that allows for efficient agricultural use and that properly considers the issue of compatibility between the agricultural uses and homes. In such case, new dwellings shall be concentrated adjacent to existing dwellings and residential zoning districts.
(c) The dedication of recreation land at a site deemed appropriate by the Board of Supervisors and that involves land that is clearly suitable for active and/or passive recreation.
(d) The provision of preserved open space in a location that will allow homes to be buffered from highly-noxious, nuisance-generating uses, such as a heavily traveled street or industrial uses. In such case, intensive landscaping and/or planting for eventual re-forestation shall be provided.
(2) The applicant shall prove that the proposed COSDO has been designed in full consideration of important natural features, including mature woodlands, creek valleys, steep slopes and wetlands.
(a) At a minimum, the applicant shall prove that areas along perennial creeks shall be preserved in their natural state, except for landscaping, erosion control improvements, public recreation improvements and needed utility, street and driveway crossings. Low-maintenance landscaping is encouraged along creeks and other areas where maintenance would otherwise be difficult.
(b) The natural features of the site shall be a major factor in determining the siting of dwelling units and streets.
(3) The township may require the use of conservation easements within an open space development to limit the disturbance of natural slopes over 15%, wetlands, mature forests, creek valleys and other important natural features.
(E) Preserved open space.
(1) Preserved open space. The minimum amount of “preserved open space” shall be provided, which shall meet the requirements of this section and the definition in § 155.051 of “Open Space, Preserved.”
(a) The preserved open space requirements of this section shall be in addition to the recreation land or fee-in-lieu of land requirements of the Subdivision and Land Development Ordinance (SALDO), unless the applicant proves to the satisfaction of the Board of Supervisors that the proposed preserved open space would include suitably improved land that will meet the intent of the recreation land requirements of the SALDO.
(2) Open space standards. Required preserved open spaces shall meet all of the following requirements:
(a) Preserved open space shall be permanently deed-restricted or protected by an appropriate conservation easement to prevent the construction of buildings or the use for any non-agricultural commercial purposes. Forestry shall meet township requirements and removal of healthy mature trees shall be limited to selective cutting following a township-approved forest management plan that follows best management practices. Land approved as required preserved open space shall only be used for noncommercial passive recreation, a nature preserve, crop farming and/or another township-approved agricultural use.
(b) Improvements to open spaces. Where preserved open space is proposed to be used for recreation and/or dedicated to the township, the application shall include a detailed and legally binding (if approved) description of what improvements the applicant will make to any land to make it suitable for its intended purpose.
1. Examples of such improvements include preservation and planting of trees, development of trails, stabilization of creek banks, removal of invasive vegetation, and grading of land for recreation.
2. Type of maintenance. The final subdivision plan shall state the intended type of maintenance of the open space, such as lawn areas that are regularly mowed, or natural areas for passive recreation that are intended for minimal maintenance.
3. All proposed preserved open space shall be cleared of construction debris, materials from illegal dumping and any rocks that were not naturally on the land, unless those rocks are incorporated into landscaping improvements.
4. The applicant shall prove that all required preserved open space would be suitable for its intended and township-approved purposes. The township may require the provision of a trail easement and/or the construction of a recreation trail through preserved open space. If a developer installs a trail, it shall be completed prior to the final sale of any adjacent residential lots.
5. Lots and preserved open spaces shall be located to promote pedestrian and visual access to preserved open spaces whenever possible.
6. Sufficient access points from each preserved open space shall be provided to streets for pedestrian access and maintenance access. The Board of Supervisors may require that maintenance and/or pedestrian access points be paved and be up to eight feet in width, meeting township standards for a bike path. Maintenance access points shall be of a slope that is suitable for access by vehicles and equipment.
(3) Open space ownership. The method(s) to be used to own, preserve and maintain any preserved open space shall be acceptable to the township. The township shall only approve a COSDO if the applicant proves there will be an acceptable method to ensure permanent ownership, preservation and maintenance of land that will not be included in individual home lots.
(a) The method of ownership and use of any required preserved open space shall be determined prior to preliminary subdivision or land development approval. The township should be given right of first refusal at the time of such review to accept proposed open space as public open space. The township shall only accept ownership of open space if the Board of Supervisors has agreed in writing in advance to accept such ownership. If the preserved open space will not be owned by the township, then the preserved open space shall be permanently preserved by one or a combination of the following methods that are found to be acceptable to the Board of Supervisors:
1. Dedication to the county as public open space, if the County Commissioners agree in writing to such dedication.
2. Dedication to the School District if such Board of Education agrees in writing to accept such dedication and to use and maintain the land for school recreation, public recreation, environmental education and/or related open space.
3. Dedication to a homeowners association as preserved open space, with the homeowners legally bound to pay fees for the maintenance and other expenses of owning such land, and with such homeowners association being incorporated with covenants and bylaws providing for the filing of assessments and/or municipal liens for the nonpayment of maintenance costs for preserved open space that is not publicly-owned. Such responsibilities shall be specified as part of each deed prior to sale of each lot or dwelling unit. The township may delay a dedication of maintenance responsibilities by a developer to a homeowners association until such association is incorporated and able to maintain such land.
4. Dedication of the land to an established nature conservation organization acceptable to the Board of Supervisors for maintenance as a nature preserve or passive recreation area.
5. Dedication of a permanent conservation easement that results in the land being used for a township-approved agricultural use, such as crop farming, a tree farm, or a horse farm, and which may include one of the allowed dwelling units on the lot.
6. Dedication to the State Game Commission, State Fish and Boat Commission or similar public agency, if such agency agrees in writing in advance to accept the dedication and to maintain the land for public recreation.
7. Preservation of the preserved open space as part of one privately-owned lot that is restricted against subdivision by a conservation easement, if the applicant proves that none of the other alternatives are feasible. In such case, the preserved open space shall be in addition to the land area that would needed to meet the requirements for any dwelling on the lot. The conservation easement shall control alteration of natural features on the lot and shall limit nonresidential use/non-agricultural use of the lot. Legal documents providing for ownership and/or maintenance of required preserved open space shall be reviewed by the Township Solicitor and be subject to approval by the Board of Supervisors prior to recording of the final plan. A legally binding system shall be established to oversee and maintain land that will not be publicly-owned. The applicant shall prove compliance with state law governing homeowner associations. Proper notations shall be required on the recorded plan. For example, if the preserved open space is intended to be owned by a homeowner association as recreation land, a statement should be included that the designated open space “shall not be further subdivided and shall not be used for the construction of any non-recreation buildings.”
(b) Changes in open space uses. If the required preserved open space is proposed to be used for purposes that were not authorized in the township approval, then a revised approval shall be required for the changed use.
(4) Steep slopes. Within an open space development, the steep slope provisions of § 155.112 shall still apply.
(5) Phasing. The development shall include a phasing system that shall be approved by the Board of Supervisors. Such phases shall ensure that the requirements of this section will be met after the completion of any one phase, and that the development could properly function without the construction of additional phases.
(6) Landscaping plan. An application for an open space development involving over ten acres shall include a landscape planting and preservation plan prepared by a registered landscape architect.
(a) Such plan shall show the locations, general species and initial sizes of landscaping to be planted within the preserved open space and throughout the tract.
(b) Such plan shall also show that existing substantial healthy trees will be preserved to the maximum extent reasonable. The methods to ensure preservation during construction shall be described.
(c) Landscaping shall also be used as appropriate to filter views of denser housing from any adjacent housing that is less dense.
(Ord. 157, passed 9-6-2018)