The Township Board of Supervisors shall be authorized, simultaneously with the approval of plans under Chapter 22: Subdivision and Land Development of the Smithfield Township, to modify applicable provisions of this Chapter so as to accommodate conservation subdivision projects. Conservation subdivisions offer flexibility in design, facilitate the economical provision of streets and utilities and preserve open space. They shall be allowed within any Smithfield Township residential district and be processed pursuant to subdivision plat approval procedures.

The Planning commission or Township Board of Supervisors may also suggest conservation subdivision, as a form of development, in those instances where conventional subdivisions or residential developments would cause significant loss of open space or otherwise result in significant negative environmental impacts. An alternative sketch plan employing this concept may be required.

Conservation subdivisions provide for single and multi-family dwelling units wherein dwelling units are grouped in sections in order to maximize the amount of common open space and to preserve the natural features. Proposed developments shall be processed in the same manner as a major subdivision and in accordance with the standards below.

Conservation subdivisions shall include at least five lots and 10 acres of contiguous land. The Planning Commission shall have the authority to request the submission of an alternative sketch plan, for any subdivision of 10 lots or more, depicting how the property might be developed using this technique. If this alternative sketch plan is determined to provide a superior design in accord with the purposes of this Chapter, the Board of Supervisors may offer a density bonus in return for use of the conservation subdivision technique. Such bonus shall be determined using the following criteria:
  Nothing herein, however, shall require the Township Board of Supervisors to offer a density bonus or full bonus in those circumstances where the site limitations are such that increased density would materially impact the quality of the natural environment, threaten public health and safety or excessively burden public services. These bonuses have been created concurrently with the lowering of densities in certain zoning districts (e.g., R-1 District minimum lot area with on-site sewage and on-site water has been increased from 40,000 square feet to 50,000 square feet). Where application of the density bonus results in a total potential build-out greater than that which was possible prior to the availability of density bonuses hereunder, the Board may limit the bonus to maintain a comparable overall density to that possible prior to the availability of bonuses.

The maximum permitted number of dwelling units before density bonuses shall be determined from the sketch plan submitted for a conventional single-family subdivision with one unit per lot. Such yield plan shall illustrate all proposed lots, streets, right-of-way and other pertinent features. Although it must be drawn to scale, it need not be based on a field survey. Nevertheless, it must be a realistic layout reflecting a development pattern that could reasonably be expected to be implemented, taking into account the presence of wetlands, floodplains, steep slopes, existing easements or encumbrances, the type of sewage system proposed, and, if unsewered, the suitability of soils for subsurface sewage disposal. The yield plan shall also be based on minimum lot sizes and other development standards for the zoning district involved, excepting that the provisions of §§ 27-401: District Regulations, § 27-4012, shall not apply.

No individual parcel of common open space shall be less than one acre except as to roadway median strips, traffic islands, walkways, trails, courtyards, play areas, recreation facilities, drainage ways leading directly to streams, historic sites or unique natural features requiring common ownership protection. No more than 50% of the permanent open space may consist of wetlands, floodplains, slopes of 25% or more, water bodies and other undevelopable areas unless the same have been incorporated into the open space in such a manner as to make substantial practical use of these areas for trails, other active recreational uses (e.g., ballfields, golf courses and ski slopes) or similar development features, including use for stormwater detention and sewage treatment (see Subsection 3K). Such determination shall, however, be solely in the discretion of the Township Board of Supervisors. The Township may also require open space linkages with adjoining properties, set-asides of active recreation area for residents and fronting of up to 50% of lots on open spaces. All open space dedicated to such recreational use shall be accessible by all residents of the conservation subdivision.

The open space resulting from conservation subdivision design shall be permanently protected through a conservation easement that limits future development and requires conservation of open spaces consistent with the detailed requirements of this Chapter. The easement shall be titled to a property owners association (POA), land trust, municipality or other public entity (e.g., the County or School District) and/or placed under the management of such an organization to ensure the perpetual maintenance of the open space in its generally existing condition, which land may be used for any Township approved open space purpose including farming, active or passive recreational use and similar activities that will effectively preserve open spaces and the existing landscape character, prior to the sale of any lots or dwelling units with the subdivision.

Membership in any POA to which open space is to be dedicated shall be mandatory for each property owner within the subdivision and successive owners with voting of one vote per lot or unit and the subdivider’s control, therefore, passing to the individual lot/unit owners on sale of the majority of the lots or units. All restrictions on the ownership, use and maintenance of common open space shall be permanent and the POA shall be responsible for liability insurance, local taxes, and maintenance of all open space, recreational facilities and other commonly held amenities. Each property owner must be required to pay their proportionate share of the POA’s cost and the POA must be able to file liens on the lot/unit owner’s property if levied assessments are not paid. The POA must also have the ability to adjust the assessment to meet changing needs.

Wells and sewage treatment systems of either an individual or community nature may be located within or extend into open space areas provided that land occupied by for infrastructure associated with such systems shall not count toward open space requirements and further provided that subsurface sewage disposal methods are employed, all required isolation distances are observed and the ownership and maintenance responsibilities associated therewith are clearly defined in agreements submitted for approval as part of the subdivision application. No application shall be approved that does not provide buyers of lots served by individual or community subsurface systems with both the legal authority and the responsibility, individually or collectively, to maintain all sewer and water facilities on a continuing basis. Likewise, portions of street right-of-ways may be included within the required open space where such portions are not cleared in conjunction with the initial street construction.

See § 27-5013 for complete, detailed information.