CONSERVATION RESIDENTIAL

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1 CONERVATION REIDENTIAL Intent 306.1: CR Overlay District The Conservation Residential (CR) Overlay District supports the sustainable development goals in lan eters 2022 by protecting natural resources and incentivizing the creation of open spaces that add value to the community by virtue of their sufficient size, potential recreation utility, provision of visual relief, preservation of sensitive natural features, proximity to dwellings and/or contribution to a connected system of open space. Conservation subdivision design preserves open space while maintaining the density of residential units across the overall site area. pecifically, the CR District is intended to: allow development that permanently protects rural character, open space, agricultural lands, woodlands, wetlands, critical views and other natural features in the Township; allow flexibility in the placement and type of dwelling units within the subdivision; reduce the amount of new roads and to allow flexibility in road specifications for roads serving residences in the District; reduce the amount of impervious surfaces in subdivisions, including driveways; encourage more efficient land development patterns that reduce the cost of infrastructure and maintenance; ensure that development in the District results in the creation of usable open space that contributes to the overall character and experience of the community; protect the local landscape and environmentally sensitive lands from the disruptive effects of conventional subdivision design I. CRITERIA FOR CONIDERATION Approval or denial of a conservation subdivision application shall be based on the extent to which the plat meets the following criteria: All primary conservation areas are protected as permanent open space. A sufficient amount of secondary conservation areas are protected as permanent open space, as opposed to being included in lots and other uses. The configuration of open space is contiguous and undivided, or open space is provided in relatively undivided expanses that cannot reasonably be reconfigured into one contiguous tract. No lots are signficantly large and wide such that their design contributes to an unnecessary decrease in the amount of open space retained on site. The proposed open space network is functional and consistent with the Township s open space typologies or otherwise provides for the protection of valuable secondary conservation areas according to natural and scenic properties inherent to the site. roposed streets, sidewalks and trails within the subdivision create intra- and inter-neighborhood connections to the maximum extent feasible. 1-1

2 II. ALICABILITY This district shall be an overlay according to the boundaries specified on the Township Zoning District Map and shall be a permitted use on all tracts of 10 or more acres. Any conditions of zoning or special use approval of the underlying district shall also be observed, with the exceptions of lot dimension or quantity. III. UE The following table specifies uses permitted by right or allowed conditionally or by special exception in the Conservation Residential Overlay District. REIDENTIAL pecific Use tandards CR District ingle-family detached dwelling (Typology ref) Two-family dwelling (duplex) (Typology ref) ingle-family attached dwelling (townhouse) (Typology ref) Multi-family dwelling (Typology ref) Group living facility (Type A)* Group living facility (Type B)* (cite section) * For compliance with fair housing standards, we recommend redefining types A and B according to the number of residents instead of whether care is mandatory. hould allow group home of up to eight people with disabilities to exist as singlefamily without further condition, regulate larger groups or court-ordered groups as higher-impact use. Key C ermitted use pecial exception Conditional use AGRICULTURE pecific Use tandards CR District Community garden (cite section) Farm Forestry Agriculture operations RECREATION, EDUCATION, UBLIC AEMBLY Open space (Typology ref) arks, recreational areas, wildlife areas, sanctuaries, game refuges Cemetery Community facility Equestrian facility lace of assembly rivate club ublic, private and semiprivate recreation facility ublic works facility chool tudio Emergency services C C 1-2

3 ERVICE Essential services INFRATRUCTURE Utility -- Wireless telecommunications Antenna 20 tall Antenna > 20 tall ACCEORY (cite section) Accessory dwelling (cite section) Greenhouse (minor) Home-based business (no impact) Home occupation rivate garage mall wind facility Other accessory uses customarily incidental to and on the same lot with any permitted use authorized in this district pecific Use tandards CR District Bed and breakfast inn (cite section) Day care facility (cite section) IV. a. b. c. DEVELOMENT TANDARD The applicant shall provide documentation of ownership of all land to be developed as a conservation subdivision prior to approval of a preliminary plan. All grading and construction shall occur within the buildable area of the tract as detemined [according to supplemental regulation similar to current 400]. The proposed development will be served by public sewage and water facilities. Any development not served by either public sewage or public water facilities shall meet the requirements of the underlying district. d. At least 75% of dwelling units within the development shall consist of single-family detached units, including patio homes. e. The total number of dwelling units proposed for development shall be determined by multiplying the gross acreage of the tract to be developed by the base maximum dwelling units per acre in table CR-1 or the adjusted density, should the property owner elect an alternative design option as described in CR Round down fractional units less than 0.5 and round up fractional units 0.5 of greater. 1. Note: Residential lots shall exclude constrained land, as defined [in supplemental regulation similar to current 400], and designated open space; however, including these areas in the gross tract acreage used in the density calculation ensures that residential subdivision in the CR district is density neutral compared to conventional residential subdivision. Flexible lot configuration in this district promotes the set-aside of environmentally sensitive areas and the grouping of homes in arrangements that promote livability and lower infrastructure costs. Table CR-1 District Base Dimensional tandards Base maximum density ingle-family detached: 1.2 DU/gross acre Other dwelling types: 7 DU/gross acre Open space requirement 35-50% of gross tract acreage Minimum lot size None 1-3

4 f. Conservation subdivision property owners shall have the option of increasing the percentage of open space acres and/or diverse dwelling options in exchange for a density bonus on a sliding scale as shown in table CR-2. g. A conservation subdivision shall be permitted an additional density bonus of 1 dwelling unit per gross acre for provision of each of the following (up to a total bonus of 2 DU/gross acre): 1. The development contains more than 65% open space set-aside 2. The development contains a mixture of housing types, such as single-family detached dwellings, attached singlefamily dwellings, townhomes and multi-family dwellings. To qualify as a mixture, the total of units shall include at least 15% to 20% each of two housing structure types other than single-family detached. Table CR-2 liding cale for Conservation ubdivision Design DEIGN OTION TANDARD OTION A OTION B OTION C Density: ingle-family attached Density: All other dwelling types Open space set-aside 1.2 DU/gross acre 2.0 DU/gross acre 2.5 DU/gross acre 3.0 DU/gross acre 7 DU/gross acre 8 DU/gross acre 9 DU/gross acre 10 DU/gross acre 35-50% of gross acreage ample Conservation Residential treetscape 55% of gross acreage 60% of gross acreage 65% of gross acreage This view illustrates shallow-frontage lots with access to common open space and tree-lined connections via sidewalk, trail and street. Dwelling design relates directly to and reinforces the pedestrian scale and quality of the street, and a rear service court ensures that garages and driveways are not the dominant aspect of building design. 1-4

5 V. LOT AND ITE DEIGN a. b. The placement of all principal buildings shall provide for safe, quiet grouping as well as privacy by providing adequate yards as shown in table CR-4. e. f. A plat may contain one or more clusters of dwelling unit lots. h. Views of dwelling unit lots or groupings from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation or buffering. Buffer zones of at least 100 feet are required between residential structures and agricultural uses. The buffer zone shall be included in the area to be subdivided and Dwelling unit lots shall generally be accessed not within any designated open space. The from interior streets rather than from roads buffer area shall be appropriately planted bordering the plat. with native grasses, shrubs and trees alternative 2 and/ or permanent agroforestry features such as MEDIUM DENITY INGLE-FAMILY 1 fruit or nut trees, and/orreidential a windbreak. Roads Conceptual Conservation Design for immons Farm Area LOT IZE= 0.3 ACRE (AROX) may be substituted for the buffer if the NUMBER OF LOT= 60 road creates an effective barrier separating yards 2 HIGH DENITY INGLE-FAMILY REIDENTIAL from agricultural uses as determined by the LOT IZE= ACRE (AROX) NUMBER OF LOT= 22 Township. g. Common service courts are encouraged as a means of concealing parking and service areas, for locating utilities, and for minimizing curb cuts. These courts shall be the minimum width possible to accommodate public safety and maintenance equipment, especially at the intersection of each court with the public street. IMMOn farm area COnCETual layout c. d. 3 HIGH DENITY MULTI-FAMILY REIDENTIAL NUMBER OF UNIT= 40 1 The largest practicable number of units shall be oriented with direct4 COMMUNITY access to CENTER common 5 MEDIUM DENITY INGLE-FAMILY open space. To the extent that site conditions REIDENTIAL NUMBER OF UNIT= 6 lot allow, one side of each dwelling unit or HIGH DENITY ATTACHED shall abut open space 6(unobstructed) to UNIT NUMBER OF UNIT= 48 provide direct views and access. Common open space across a street shall qualify for this TRAIL requirement. alternative 2 3 Conservation Design & Clustering Compact Development = Compact Infrastructure Village Within the Township ense of lace 4 CHallEngE Optional Land-Use Densities Topography Infrastructure Routing Walkability HIGH DENITY MULTI-FAMILY REIDENTIAL NUMBER OF UNIT= 40 JU TABOUCENTER COMMUNITY T RD 6 2 HIGH DENITY INGLE-FAMILY REIDENTIAL LOT IZE= ACRE (AROX) NUMBER OF LOT= OORTunITIE MEDIUM DENITY INGLE-FAMILY REIDENTIAL LOT IZE= 0.3 ACRE (AROX) NUMBER OF LOT= Dwelling unit lots are encouraged to be grouped together. IMMOn f 6 4 ource: lan eters MEDIUM DENITY INGLE-FAMILY REIDENTIAL NUMBER OF UNIT= 6 6 HIGH DENITY ATTACHED UNIT NUMBER OF UNIT= 48 TRAIL Feet N 1-5

6 i. Insofar as practicable, the landscape shall be preserved in its natural state by minimizing tree and soil removal. Any grade changes shall be in keeping with the general appearance of the neighboring developed areas. The orientation of individual building sites shall be such as to maintain maximum natural topography and cover. Topography, tree cover and natural drainageways shall be treated as fixed determinants of road and lot configuration rather than as malleable elements that can be changed to accommodate a preferred development scheme. j. Accessory buildings in this overlay shall meet the following minimum structural design standards: 1. hall not be erected within five feet of any lot boundary or alley 2. The total area of all accessory buildings to be erected on any lot shall not cover more than 20 percent of the required rear yard area. Table CR-3 tandards for Dwelling Groupings etback from all external 100 feet road rights of way etback from all other 35 feet tract boundaries etback from active recreation areas, such as 150 feet courts or playing fields a b c d e Table CR-4 ite Design Requirements Minimum lot size* ingle-family detached 12,000 sf per DU Two-family dwelling (one lot per unit) 5,000 sf per DU Minimum lot width* 50 ft 40 ft Required front facade location (when front facade faces collector or higher classification street) Required front facade location (when front facade faces any other street classification) Minimum side yard (to adjacent unit) ingle-family attached (one lot per unit) 2,400 sq ft per DU 40 ft for end units, 20 ft for interior units Multi-family structure 10,000 sq feet per building, with at least 2,500 sq feet per DU 70 feet Not less than 25 or more than 35 feet from the ultimate right-of-way line Not less than 15 or more than 25 feet from the ultimate right-of-way line 7.5 ft 15 ft 15 ft per end unit 20 ft Minimum rear yard 20 ft 25 ft 30 ft 45 ft Maximum impervious coverage Maximum building height Dictated by tormwater Management lan [Ch. 22 of current ordinance] * The Township may waive this requirement where it determines that further flexibility would advance the intent of the district. 35 ft 1-6

7 ite Design Requirements Illustration d a c b e 1-7

8 VI. OEN ACE REQUIREMENT a. An amount of land equivalent to a minimum of 35%-50% of gross tract acreage, including developable and undevelopable land, shall be open space designated for natural habitat, active or passive recreation and/ or conservation or preservation, including conservation for agricultural or forestry uses. Any proposed open space, unless conveyed to the Township, shall be subject to a recorded restriction enforceable by the Township. b. All primary conservation areas, defined as follows, shall be included in designated open space unless the applicant demonstrates that this provision would constitute an unusual hardship: lopes of 25% or greater covering a contiguous area of at least 5,000 square feet The 100-year floodplain Buffer zones of at least 50 feet* in width along all perennial and intermittent streams Wetlands that meet the definition used by the U.. Army Corps of Engineers pursuant to the Clean Water Act Wildlife habitat areas of species listed as endangered or threatened by the ennsylvania Game Commission Archaeological sites, cemeteries and burial grounds. c. Designated open space should include as much secondary conservation areas, defined as follows, as possible: d. Existing healthy, native forests of at least one acre contiguous area Individual existing healthy trees with a minimum of 6 diameter at breast height (measured 4.5 above ground level) rime agricultural lands of at least five contiguous acres Existing trails that connect the conservation subdivision to neighboring areas Other significant natural features and scenic viewsheds, particualarly those which can be seen from public roads The following are excluded from meeting the minimum amount of open space: residential yards land area within utility easements or pump stations public or private streets or rights-of-way erosion and sedimentation control facilities except as described in VI.i e. f. g. At least 75% of designated open space within a conservation subdivision shall be coherently configured and contiguous, internally and/or with open space uses on adjacent parcels in order to provide large expanses of open space. Open space in conservation subdivisions shall be physically linked, whenever possible, to the developing interconnected network of green space described in lan eters Designated public trail systems which abut a conservation subdivision shall be connected through the subdivision. Open space shall be planned in accordance with the corresponding typologies in [O typology reference]. Each CR development shall include features in the form of both Types A and D (buffers/passive open space and village greens/central open spaces/ primary parks) in addition to optionally including features designed as Types B, C or E (neighborhood parks/larger active recreational facilities, mini-parks/smaller active recreational facilities or plazas/village commons). 1-8

9 ample Conservation Residential ite Analysis g. The open space shall be used for and provided with suitable access for any one or combination of the following purposes: agriculture education forestry historic preservation horticulture recreation (passive or active) wildlife habitat and conservation AVOID OOR ACCE OINT REERVE WOODLAND TO CREEN NEW HOME REERVE VIEW TO AND FROM BARN OTENTIAL BUILDABLE AREA REERVED AREA 1T RIORITY 2ND RIORITY REERVE HEDGEROW TO CREEN NEW HOME h. i. One or more streets in the subdivision shall provide access to designated active or passive recreation areas or open space or natural areas. Access will not be required if the open space is to remain in active agriculture or forestry or if the natural areas contain habitat where public access should be limited. tormwater systems serving the district may be located within the open space. urface systems such as retention and detention ponds shall not qualify toward the minimum open space required unless they: have natural-looking edges, natural vegetation and no fencing except along the property line; are landscaped and configured in a manner that goes well beyond functional stormwater requirements, resulting in a visual amenity for the site; and have side slopes at a grade not exceeding 1:3 (one vertical to three horizontal) unless slopes are existing, natural and covered with vegetation. LOCATE TRAIL YTEM IN CORRIDOR UE OND A FOCAL OINT ALONG TRAIL AND TREET ROVIDE TRAIL TO TO OF HILL Acres: 87 Lots: 17 Density: 1 Dwelling Unit/ 5 Acres Average Lot ize: 1 Acre Common Open pace: 75% REERVE VIEW TO HITORIC BARN CREEN VIEW OF HOUE FROM TREET BUT YET EE TO OF HILL REERVE OEN VIEW OF OND CREEN VIEW OF HOUE FROM HITORIC BARN REERVE VIEW OF TREE, BARN RUIN, AND TREAM CORRIDOR ENHANCE TO OF HILL WITH ADDITIONAL HADE TREE TRAIL ource: outheastern Wisconsin Regional lanning Commission 1-9

10 VII. OEN ACE OWNERHI AND MANAGEMENT All designated open space shall be surveyed and subdivided as a separate parcel or parcels. In addition, the applicant shall provide a plan for management of common open space in accordance with the following provisions. All lands and improvements in designated open space shall be established, managed and maintained in accordance with one of the following options. If no agency agrees to accept responsibility for the open space, responsibility falls to the owner. Unless otherwise agreed to by the eters Township Council, the cost and responsibility of maintaining common space shall be borne by the property owner, community or homeowners association or conservation organization. a. DEDICATION OF LAND OR EAEMENT TO THE TOWNHI eters Township may, but shall not be required to, accept dedication of land or easements for public use of any portion of the common open space. In the case of easement dedication, the facility remains in the ownership of the community or homeowners association or private conservation organization, while the Township holds the easements. In addition, the following regulations shall apply: 1. There shall be no cost of acquisition to the Township. 2. Any such easements for public use shall be accessible to the residents of the Township. 3. A satisfactory maintenance agreement shall be reached between the owner and the Township. b. RIVATE CONERVATION ORGANIZATION AND/OR WAHINGTON COUNTY With permission from the Township, an owner may transfer either fee simple title of or easements on the common open space land to a private nonprofit conservation organization or to Washington County, provided that: 1. The conservation organization is acceptable to the Township and is a bona fide organization intended to exist indefinitely; 2. The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization or the county becomes unwilling or unable to continue carrying out its functions; 3. The common open space is permanently restricted from future development through a conservation easement and the Township is given the authority to enforce these restrictions; and 4. A maintenance agreement acceptable to the Township is established between the owner and the organization or Washington County. 1-10

11 c. COMMUNITY AND/OR HOMEOWNER AOCIATION Common open space and recreational facilities may be held in common ownership for the use of all residents of the subdivision or land development and shall thereby be controlled and maintained by a community association or homeowners association. Association documents shall be in compliance with the ennsylvania Uniform lanned Community Act or the ennsylvania Uniform Condominium Act, as the case may be. The association documents shall include, but not be limited to: 1. A description of the common space to be owned by the association that shall include a plan of the proposal highlighting the precise location of all aspects of common space land; 2. tatements setting forth the powers, duties and responsibilities of the association, including services to be provided; 3. A declaration of covenants, conditions and restrictions giving perpetual easements to the lands and facilities owned by the association. The declaration shall be a legal document providing for automatic membership for all owners in the subdivision or land development and shall describe the mechanism by which owners participate in the association, including voting, elections and meetings. The declaration shall give power to the association to own and maintain common space and to make and enforce rules; 4. Requirements for all owners to provide a pro rata share of the cost of the operations of the association; 5. A process of collection and enforcement to obtain funds from owners who fail to comply; 6. A provess for transition of control of the association from the developer to unit owners; 7. tatements describing how the common open space will be insured, including limit of liability; and 8. rovisions for the dissolution of the association. 1-11

12 VIII. UBDIVIION ROCE The subdivision process for a Conservation ubdivision at a minimum shall include the following: a. b. A pre-application meeting with the Zoning Administrator to discuss: 1. The application process 2. The conservation theme 3. The design standards 4. Any proposed common ownership plans for land and structures, and 5. Management and ownership of designated open space ubmission of a Concept lan that contains: 1. Base mapping at a scale of 1 = 100 (one inch equals 100 feet) 2. A mapped resource inventory that includes: a. Topographic contours at 10-foot intervals b. Identification of soil type locations and characteristics such as agricultural capability, depth to bedrock and suitability for wastewater disposal systems c. Hydrologic characteristics, including surface water bodies, floodplains, wetlands, natural swales and drainageways d. Vegetation present on the site according to cover type (pasture, woodland, etc) and vegetative type (classified as generally deciduous, coniferous or mixed), and by plant community, relative age and condition, also noting trees with a breast-height diameter of at least 30 inches (measured 4.5 above ground level) e. Current land use, including all buildings and structures 3. A site analysis that identifies, precisely locates and for 1. and 2. calculates the acreage of: a. rimary conservation areas as defined in VI.b b. econdary conservation areas as defined in VI.c c. pecial views d. Connections to the eters Township open space system 4. Net developable acreage and allowed gross density as defined in ection IV. 5. treet and open space concept 6. treet sections 7. Building setbacks 8. arcel lines and building placement concepts for residential and accessory buildings 9. Natural resource and tree protection plan 10. Landscape plan 11. Utility easements 12. If applicable, statement of intent to establish a homeowners association c. d. e. A meeting with the lanning Director to review the Concept lan ubmission of a reliminary ite lan and review by the lanning Commission ubmission of a Final ite lan and review by the lanning Commission and Council 1-12

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