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MapLink™ | Procedures | MU District Development Requirements

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MU District Development Requirements
1. Additional requirements for the MU District.
A. Master plan.
Before any new principal use or building is approved, the applicant shall submit a concept plan illustrating the intended types of development for all lands under the control of the applicant. Such concept plan is not required to be a fully engineered plan, but shall be prepared to scale. Such plan shall show land areas proposed for various land uses and/or housing types, proposed routes of vehicle access, proposed buffer yards, proposed methods to ensure compatibility between various uses and with adjacent dwellings, conceptual locations for stormwater basins, and approximate locations for preserved open spaces.
(1) Before any principal building or use or development is approved that would not be generally consistent with the master plan, a revision to the master plan shall be submitted to the Township showing how such proposal would relate to the master plan.
B. Use areas.
After review of the master plan by the Planning Commission and Board of Commissioners, the Zoning Officer shall determine that certain portions of the MU District meet the requirements for various land use alternatives. One land area may be approved to be developed under the M-L District regulations, while another land area may be approved under the C-L District regulations, another land area may be approved under the R-M District regulations, and another land area set aside to meet the preserved open space requirements.
C. Traffic study.
At the same time as the master plan is submitted, a traffic impact study prepared by a qualified professional shall be submitted by the applicant to the Township.
(1) Such study shall estimate the impacts of phases of development, as well as maximum build-out of the land.
(2) Such study may be required by the Township to be revised by the current applicant for development applications that are not generally consistent with the initial traffic study.
D. Additional requirements in the MU District.
(1) A minimum of 10% of all land areas proposed for new business development and a minimum of 20% of all land areas proposed for new residential development shall be provided and maintained as preserved open space. Such areas shall meet the definition of "open space, common or preserved" in § 295-22: Definitions.
(a) The applicant shall prove how this requirement will be met prior to receiving approval of any principal use or building or any subdivision or land development.
(b) The applicant shall prove to the Township that there will be a suitable system to own, maintain and fund the preserved open space over the long term.
(c) Areas of preserved open space shall be interconnected to the maximum extent feasible.
(d) At least a portion of preserved open space shall be used to provide a suitable transition between existing dwellings and proposed business development.
(e) Where business uses are proposed adjacent to existing dwellings, a landscaped open space or buffer area with a minimum width of 100 feet shall be provided adjacent to Harrisburg Street where existing dwellings are on the other side of the street.
2. Open space development option.
A. § 295-35B 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) Procedures.
(a) Applicants are strongly encouraged to first submit a layout plan for review by the Township for zoning compliance 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.
(b) 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.
B. 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 an open space development. This existing features map shall accurately show the locations of the following at a minimum: wetlands, one-hundred-year floodplains, areas of woodland, existing topography, existing buildings with a description of any buildings over 70 years old, and highlighting of fifteen-percent to twenty-five-percent slopes and twenty-five-percent 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 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 features 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 Planning Commission and the Township Engineer, and then determined by the Zoning Officer 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 to revise the yield plan until it is accurate.
(a) The maximum number of dwelling units allowed on the tract through open space development shall be 25% greater than 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 an open space development.
See § 295-35C(4) through § 295-35C(8) for more information on density, open space and lot standards.
C. Conditions for approval.
An open space development 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 Commissioners 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 reforestation shall be provided.
(2) The applicant shall prove that the proposed open space development 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.
(c) 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.
See § 295-35D(3) for more information on preserved open space.
(3) Landscaping plan.
An application for an open space development involving over 10 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.