[Amended 10-3-2007 by Ord. No. 113; 11-21-2012 by Ord. No. 125; 3-20-2019 by Ord. No. 133]
A.
The purpose of the Planned Residential Development District is to:
(1)
Encourage innovations in residential development to meet the growing
demand for housing;
(2)
Support greater variety in type, design and layout of dwelling units;
(3)
Conserve open space and encourage a more efficient use of land, public
services and infrastructure;
(4)
Promote increased flexibility of land development and density regulations;
(5)
Provide a procedure to relate the type, design and layout of residential
development to the characteristics of a particular parcel to the characteristics
of the Township's varying landscapes.
All design standards and improvements of the land development
plan for a proposed planned residential development shall also meet
the requirements set forth in the Middlesex Township Subdivision and
Land Development Ordinance,[1] except as expressly stated in this ordinance. If the provisions
of this section are inconsistent with other provisions of this ordinance,
the provisions of this section shall apply.
A.
Planned residential development parcel.
(1)
Planned residential developments are permitted within the R-1, R-2
and R-AG districts.
(2)
The minimum number of acres that may be developed as a planned residential
development parcel is 30 acres.
(3)
The development parcel shall be serviced by public water and public
sewers approved by the Pennsylvania Department of Environmental Protection
(DEP). Utilities within the development parcel shall be provided by
a public utility and/or a local municipal authority.
[Amended 3-20-2019 by Ord. No. 133]
(4)
The planned residential development parcel shall have a perimeter
setback, as defined by this chapter, which is a minimum of 50 feet
in depth around its entire boundary (except for street crossings),
which area shall not be included in any lot within the development.
[Added 3-20-2019 by Ord.
No. 133[2]]
[2]
Editor's Note: This ordinance also redesignated former Subsection
A(4) as Subsection A(6).
(5)
No structures, stormwater detention facilities or parking are permitted
within the perimeter setback. Only landscaping, buffer yards, common
open space, and underground piping or lines for water, sewer, gas
and electric collection and/or distribution shall be permitted within
the perimeter setback. The impact of the excavation for and location
of utility lines on trees located on neighboring properties shall
be considered.
[Added 3-20-2019 by Ord.
No. 133]
(6)
Ancillary nonresidential uses may be permitted in a planned residential
development parcel only if all of the following criteria are met:
(a)
Construction of the ancillary nonresidential units shall not
be permitted until 80% of all proposed dwelling units in the planned
residential development are constructed and occupied or ready for
occupancy.
(b)
The ancillary nonresidential uses shall be designed primarily
to serve residents of the planned residential development.
(c)
The ancillary nonresidential uses shall be limited to the ground
or street floors of a residential building containing multifamily
dwelling units or to a single freestanding building on the planned
residential development parcel.
(d)
The total floor area devoted to the ancillary nonresidential
uses shall not exceed 15% of the total floor area of all buildings
devoted to residential use in the planned residential development.
(e)
Any freestanding building proposed to contain ancillary nonresidential
uses shall not be located within 100 feet of any existing or proposed
single-family dwelling within the planned residential development
or outside the boundaries of the planned residential development parcel.
(f)
The maximum surface area of any business identification sign
for any ancillary nonresidential use shall not exceed 12 square feet.
Such signs shall not be illuminated.
B.
Basic development parameters.
[Amended 3-20-2019 by Ord. No. 133]
(1)
Development Reference Table: Table 1.
|
Dwelling Unit Type
|
Land Uses
|
Open Space Requirement
(percentage of overall site acreage)
|
Minimum Lot Size
(square feet)
|
|---|---|---|---|
|
Type 1
|
Mixture of both of the following uses: detached single-family
and attached single-family. No one use may exceed 75% of the overall
mix.
|
40%
|
Single-family detached in R-2 — 9,000 square feet
In R-1 — 12,000 square feet
In R-AG — 15,000 square feet
Attached multifamily in R-2 — 4,500 square feet/unit
In R-1 — 6,000 square feet/unit
In R-AG — 7,500 square feet/unit
|
|
Type 2
|
Detached single-family only
|
40%
|
Single-family detached in R-2 — 9,000 square feet
In R-1 — 12,000 square feet
In R-AG — 15,000 square feet
|
(3)
In order to encourage flexibility of development, variations shall
be permitted in the density and intensity of land use throughout the
entire planned residential development. Greater concentration of density
and intensity of land use may be permitted so long as the overall
density of the overall development defined in this subsection is not
exceeded.
(4)
All single-family interior lots within a planned residential development
shall have a minimum lot width of seventy-five (75) feet as measured
at the building setback line.
(6)
All lots located within a planned residential development parcel
shall be contiguous. Where more than one lot exists, said lots may
not be divided by an existing right-of-way.
(7)
Continuity of development.
(a)
To maintain continuity between existing and proposed development
patterns throughout the Township and transitions of density, if attached
single-family units are proposed as part of a planned residential
development, said residential uses shall be located between any nonresidential
development proposed as part of the planned residential development
and single-family residential development proposed as part of the
planned residential development. If nonresidential development is
not proposed, dwellings of greatest density shall be located closest
to the arterial street/collector street to which the proposed development
connects to as its primary entrance.
(b)
Access to attached single-family units from an arterial street
or collector street shall not be permitted. A minimum of four said
units shall be accessible from any one designated access point along
an arterial street or collector street.
C.
Maximum permitted density for a planned residential development.
(1)
R-AG Zoning District: three (3) dwelling units per acre.
[Amended 3-20-2019 by Ord. No. 133]
(2)
R-1 Zoning District: four and one-half (4.5) dwelling units per acre.
[Amended 3-20-2019 by Ord. No. 133]
(3)
R-2 Zoning District: six (6) dwelling units per acre.
[Amended 3-20-2019 by Ord. No. 133]
(5)
Calculation of maximum number of dwelling units. Fill in the following
table on the applicable official form as issued by Middlesex Township.
|
3a
|
Total site acreage
|
acres
|
|
3b
|
Minimum % of open space to be reserved
|
%
|
|
3c
|
Multiply Line 3a by Line 3b; subtract that number from the total
site acreage identified in Line 3a. This equals the maximum acreage
to be disturbed for development.
|
acres
|
|
3d
|
Maximum number of units. Multiply Line 3c by the density of the applicable district as identified in § 175-65C(1).
|
units
|
|
3e
|
Bonus number of units, if applicable, shall be applied to the
number of units calculated in line 3d
|
bonus units
|
(6)
When calculating density, a fractional dwelling unit of 1/2 (0.5)
or more shall be considered an entire dwelling unit, while a fractional
less than 1/2 (0.5) shall be disregarded.
(7)
In the event that a planned residential development parcel includes
property in two or more zoning districts, the maximum number of lots
within the planned residential development shall not exceed the proportionate
share of the number of lots permitted if the property was the subject
of a standard subdivision in each of the zoning districts.
(8)
All data associated with the number of dwelling units shall be denoted
on the site development parcel (parent parcel) master plan (development
plan) to illustrate the location of dwelling units by type and the
quantity of dwelling units by type by phase of development. In the
event the applicant proposes to revise the total and/or allocation
of dwelling units by type within any and/or all phase(s), the applicant
shall resubmit the proposed overall master plan as part of an application
for tentative approval.
A.
The common open space shall be so dedicated or otherwise preserved
and maintained so as to remain open and available for use by all residents
of the development area. The common open space shall generally abut
existing or potential open space land on adjacent lots or development
parcels, and shall be designed as part of any larger contiguous and
integrated greenway systems, as per the natural resources recommendations
of the Township's Comprehensive Plan.
B.
Common open space shall not include space devoted to streets or parking
areas, but may include the portions of stormwater management facilities
including spillways which do not exceed a slope gradient of 5:1 or
less.
C.
Recreational facilities and structures located in common areas shall
be considered common open space, provided the total impervious surfaces
constitute no more than 5% of the total open space.
(1)
For access and visibility, the common open space shall have a minimum
frontage of 100 feet on an existing or proposed street or shall adjoin
an existing park or common open space that is accessible from a street.
If such frontage is located on a private street, the Township shall
reserve the right to decline ownership and maintenance responsibility
for the common open space if offered by the developer. The minimum
width of the common open space land shall be 50 feet at its narrowest
dimension.
(2)
Common open space shall be within 150 feet of an existing or proposed
public street or shall be visible from said street if the recreation
open space does not have frontage on said street.
(3)
At least twenty-five percent (25%) of the common open space (10%
of the overall site) shall be in compact and contiguous areas.
[Amended 3-20-2019 by Ord. No. 133]
D.
At least twenty-five percent (25%) of the common open space shall
be located on generally level land. Generally level land shall be
considered as areas with natural and/or man-made slopes with a gradient
less than 10%.
[Amended 3-20-2019 by Ord. No. 133]
E.
In order to optimize safety and circulation of site development,
the Township may require a proposed PRD adjacent to an established
PRD or adjacent to land upon which a site development plan for another
PRD may occur to provide a publicly accessible vehicular access right-of-way
and/or road tap to the adjacent PRD and/or land. Said publicly accessible
right-of-way and/or road tap may bisect required open space so long
as the width of the bisect does not exceed 75 feet when measured perpendicular
to the parcel line. The landowner shall be responsible for right-of-way,
including road grading, clearing and a sign noting the future connection
along the parcel line in the event the designated right-of-way does
not currently connect to another constructed road tap. If there is
a road tap to connect to, road construction of said tap must be provided.
G.
Method of ownership for common open space.
(1)
The land and facilities to be used for common open space shall be
implemented in accordance with either of the two methods set forth
below, or a combination of the two methods, as determined by the Board
of Supervisors:
(a)
The Board of Supervisors shall have the right of first refusal
regarding the dedication of the required open space for public use
to the Township. If the Township accepts such a dedication, the Township
agrees to operate and maintain the dedicated land and facilities for
the originally intended use as common open space.
(b)
If the Board of Supervisors refuses acceptance of the required
open space for public use to the Township, the land and/or facilities
shall be conveyed to an organization established for the ownership
and maintenance of the common open space.
[1]
The organization shall covenant to operate and maintain the
land and facilities as a common open space; such organization shall
not be dissolved nor shall it dispose of the common open space, by
sale or otherwise (except to an organization conceived and established
to own and maintain the common open space), without first offering
to dedicate the same to the Township.
[2]
Common open space shall be recorded with Butler County independently
from other portions of the planned residential development.
(2)
The Township shall not be obligated to accept the dedication of the
common open space or any portion thereof, where the Board of Supervisors
determines that such dedication is not in the interest of the Township.
H.
All data and area associated with dedicated open space shall be denoted
on the plan to illustrate the location of said open space and the
quantity of said open space. The total area of dedicated open space
shall be provided on the plan as shall the minimum, and any amount
in excess of the minimum, of dedicated open space per phase of development.
In the event that the organization or any successor organization
established to own and maintain the common open space shall at any
time fail to maintain the same in accordance with the land development
plan and in reasonable order and condition, the Township shall have
the right to maintain the same and assess the cost of such maintenance
on a prorata basis and as a lien against the lots within the planned
residential development parcel that have a right of enjoyment of the
common open space, pursuant to the authority and in accordance with
the procedures and requirements contained in Section 705(f)(2) through
(6) of the Pennsylvania Municipalities Planning Code [53 P.S. § 10705(f)(2)
through (6)], as amended.
A.
Purpose.
(1)
To accommodate the future expansion of the Township's roadways in
accordance with the Richland Township-Middlesex Township Joint Comprehensive
Plan, the Middlesex Township Official Map and the recommendations
outlined in the Township's Transportation Impact Fee Program Road
Sufficiency Analysis and Capital Improvements Plan Reports;
(2)
To protect private development from disturbances created by future
transportation improvements; and
(3)
To preserve the rural and historic landscape character of the Township's
arterial and collector roadways.
B.
Procedures.
(1)
No lot that abuts a Township primary roadway as referenced in Table
2[1] hereof shall be approved or recorded, no lot shall be
sold nor any building or structure shall be built, altered, moved
or enlarged in any manner unless and until a land development plan
has been approved and recorded and until the improvements required
in connection therein have either been constructed or guaranteed as
herein provided.
[Amended 3-20-2019 by Ord. No. 133]
(2)
If the provisions of this section are inconsistent with other provisions
of this ordinance, the provisions of this section shall apply.
C.
Standards.
(1)
All development parcels abutting a roadway identified in Table 2[2] shall provide a right-of-way setback in conformance to
the dimensions identified in Table 2. The right-of-way setback shall
be located between the right-of-way line of the primary roadway and
the lot's required yard setback.
[Amended 3-20-2019 by Ord. No. 133]
(2)
Front setbacks.
[Amended 3-20-2019 by Ord. No. 133]
(a)
Minimum front setbacks for lots within the development parcel
shall be: 40 feet.
(b)
Variable front setbacks. Variable front setbacks shall be permitted.
All lots must all meet the 40-foot setback, and a variable front setback
distance may be used measuring no less than five (5) feet, but not
more than fifteen (15) feet, in variation from any adjacent lot.
(3)
Rear setbacks. The minimum rear setback is 40 feet.
[Amended 3-20-2019 by Ord. No. 133]
(4)
Front setbacks on single-family attached and multifamily lots shall
be measured from the front (exposed) face of the curb of the common
parking areas serving the dwelling units, where the common parking
areas intervene between the dwelling units and the public or private
street right-of-way. Where there is no intervening common parking
area, the setback shall be measured from the edge of the public or
private street right-of-way.
(5)
Side setbacks.
(a)
The minimum side setback for detached single-family dwellings
in R1 and R2 zoned districts shall be 10 feet per side.
(b)
The minimum side setback for detached single-family dwellings
as permissible in R-AG zoned districts shall be 15 feet per side.
(c)
The minimum side setback for attached single-family dwellings
as permissible in R1 and R2 zoned districts shall be 15 feet per side.
|
Table 2: Roadway Setbacks
[Amended 3-20-2019 by Ord. No. 133] | |
|---|---|
|
Arterial Roadways
|
Right-Of-Way Setback Requirement
|
|
PA 8, PA 228 East, PA 228 West
|
35 feet
|
|
Collector Roadways
|
Right-Of-Way Setback Requirement
|
|
West Cruikshank Road
|
12 1/2 feet
|
|
East Cruikshank Road
| |
|
Leslie Road
| |
|
Sheldon Road
| |
|
State Road
| |
|
Steiner Bridge Road
| |
|
Overbrook Road
| |
|
Truver Road
| |
|
McFann Road
| |
|
Denny Road
| |
|
Browns Hill Road
| |
|
Sandy Hill Road
| |
|
Logan Road
| |
(6)
All yard setbacks that abut a primary roadway as defined by § 175-140 of this chapter shall provide a landscape screen in conformance with the spacing standards of Buffer Yard C and § 175-40. All landscaping within this buffer yard should comply with the suggested landscape palettes outlined in Table 2.[3]
[3]
Editor's Note: Table 2 immediately precedes this subsection.
B.
No parking area shall be closer than 15 feet to a principal building,
except driveways and internal garages, nor shall any parking interfere
with recreational areas in the development parcel. No parking areas
shall be leased to persons who are not residents of the planned residential
development. Parking may be provided in separate garages or on the
lowest floor or floors of the principal building or buildings, provided
such parking does not interfere with the basic residential use and
character of the building or buildings involved. Individual garages
shall be no more than two stories in height and shall be no closer
than 50 feet to a residential building.
C.
Two off-street parking spaces shall be provided within the planned
residential development for each single-family dwelling unit constructed.
In addition, there shall be 1/2 spaces per attached single-family
dwelling unit provided for visitor parking located within 300 feet
of the dwelling units they are intended to serve. Parking spaces in
driveways, which block access to integral garages, shall not be permitted.
D.
All sidewalks, lighting and stormwater management facilities shall
be designed and constructed in accordance with the requirements of
the Middlesex Township Subdivision and Land Development Ordinance.[2] Adequate numbers and spacing of firesafety fixtures or
equipment shall be installed in accordance with requirements as defined
by the Board of Supervisors.
E.
All uses which require off-street loading shall comply with the requirements
of this ordinance.
A.
The planned residential development parcel shall have a frontage
abutting a publicly dedicated street and such frontage shall be a
minimum of 300 feet.
B.
Principal vehicular access to the planned residential development
shall be at a minimum of two points from streets and roads capable
of supporting existing traffic and the traffic that will be generated
by the development, unless otherwise approved by the Board of Supervisors.
Access points shall be spaced a minimum of 150 feet on center. Access
points shall be designed to provide smooth traffic flow, controlled
turning movements, and minimum hazard to vehicular or pedestrian traffic.
Each access point includes both a point of ingress and a point of
egress, regardless of the number of turning and/or travel lanes. Merging
and turnout lanes and traffic dividers shall be provided where existing
or anticipated heavy flows of traffic indicate such need. Culs-de-sac
shall be constructed in accordance with related Township standards.
C.
Sidewalks shall be provided along the frontage of residential and
nonresidential lots within the development parcel in accordance with
the requirements of the Middlesex Township Subdivision and Land Development
Ordinance.[1] If, in addition, walkways are proposed within the planned
residential development parcel to provide access to or communication
through common open space or common facilities, walkways shall form
a logical, safe and convenient system. These walkways shall be located
to minimize contacts with normal automotive traffic, with street crossings
held to a minimum. The walkway system shall be constructed of all-weather,
durable hard surfaces approved by the Township.
D.
Upon dedication by the developer of the streets or roads to the Township,
the Township agrees to assume all maintenance responsibilities for
said streets and roads.
[Amended 3-20-2019 by Ord. No. 133]
A.
To maintain adequate privacy and screening, structures on interior lots which abut the perimeter of the development parcel(s) must be set back in accordance with § 175-68C(3).
B.
The perimeter setback of the planned residential development shall be screened with two evergreen trees and three deciduous trees for every one hundred (100) feet of length of the perimeter setback. The required vegetation shall be planted in staggered rows or in groupings to create a natural-looking landscape buffer. Where mature existing wooded vegetation sufficient to serve as a visual screen exists along the perimeter and no development is proposed within seventy-five (75) feet of the lot line, a fifty-foot (50') preservation strip may be substituted. Existing and planted trees shall comply with the requirements of § 175-140F and G.
A.
The requirements determining the spacing of buildings shall be as
flexible as possible so as to encourage imaginative site design. The
spaces between buildings shall guarantee adequate light, air and emergency
access.
B.
Buildings shall be so arranged so as to discourage the predominance
of garage faces and/or off-street parking from the public right-of-way.
[Amended 3-20-2019 by Ord. No. 133]
C.
The minimum distance between the nearest points of any exterior building
walls shall be not less than 30 feet, except that for residential
buildings not exceeding two stories in height, exterior end walls
with no openings therein shall be not less than 20 feet apart.
A.
Overview.
(1)
Combined zoning change and land development plan application. If
an application for a zoning change is made simultaneously with the
application for land development plan tentative approval, the two
shall be considered together.
(2)
Tentative approval of the land development plan shall authorize the development of the interior lot(s) in accordance with the approved development plan, provided an application for final approval is submitted which complies with the application granted tentative approval. Failure to apply for Final Approval within 12 months or to develop the land development plan as initiated by application for a grading permit, a building permit or an occupancy permit to undertake the construction or authorized occupancy approved and as indicated in § 175-81G shall cause the abandonment of the land development plan.
B.
Filing.
(1)
A landowner and/or developer shall submit an application for tentative
approval of the land development plan. The application, accompanied
by the required application filing fee, shall be submitted to the
Zoning Officer at least 21 days prior to the regular meeting of the
Planning Commission. Not less than eight printed sets and one digital
set in a form acceptable to the Township of the land development plan
shall be submitted to the Township for distribution to Township Staff,
identified review bodies and each member of the Planning Commission.
In addition to submission to the Township, one printed set of the
plans shall be submitted to the County Planning Agency. It shall be
the responsibility of the applicant to submit said copy to the County
Planning Agency.
(2)
The Township Zoning Officer shall determine the completeness of the
application and either accept the application as complete and properly
filed or return the application to the applicant for resubmission
if the application is incomplete and improperly filed. If the application
is returned as incomplete, a written notice which cites the specific
requirements of this ordinance which have not been met shall be sent
to the applicant.
(3)
The Planning Commission shall review the application at a public
meeting and shall forward written recommendations to the Board of
Supervisors prior to the public hearing conducted by the Board of
Supervisors on the application. One copy of the application for tentative
approval shall be forwarded by the Planning Commission to the Board
of Supervisors with its recommendations.
(4)
The date of the Planning Commission meeting at which the application
is accepted as complete and properly filed shall be the official date
of filing and shall represent the beginning of the sixty-day period
for Planning Commission review and the public hearing by the Board
of Supervisors.
C.
Fees. The application for tentative approval shall be accompanied
by a filing fee in accordance with the schedule affixed from time
to time by resolution of the Board of Supervisors.
D.
Information required. The application shall contain, in the form
specified by the Planning Commission, the following information and
such additional information as may be required by the Planning Commission
to perform its duties:
(2)
The location, size, existing topography, proposed topography and
the nature of the planned residential development proposed to be developed.
(3)
The density of land use to be allocated to parts of the development
parcel to be developed.
(4)
The location and size of the common open space and the form of organization
proposed to own and maintain the common open space.
(5)
The use and the approximate height, bulk and location of buildings
and other structures.
(6)
The feasibility of proposals for water supply and the disposition
of sanitary waste and stormwater.
(7)
The substance of covenants, grants of easements/rights-of-way or
other restrictions proposed to be imposed upon the use of the land,
buildings and structures, including proposed easements or grants for
public utilities.
(8)
The provisions for parking of vehicles and the location and width
of proposed streets.
(9)
The location and design of all screening, buffer yards and landscaping,
indicating the type, location and height of all plantings.
(10)
Any conflicts with the Township land use regulations otherwise
applicable.
(11)
The feasibility of proposals for energy conservation and the
effective utilization of renewable energy sources.
(12)
In the case of land development plans which call for development
over a period of years, a description of each section and a schedule
showing the proposed times within which applications for final approval
of all sections of the planned residential development shall be filed,
and this schedule must be updated annually, by the anniversary of
its previous approval, until the development is completed and accepted.
(13)
Statement of public interest. A written statement by the landowner
and/or developer setting forth the reasons why, in his opinion, a
planned residential development would be in the public interest and
would be consistent with the Richland Township-Middlesex Township
Joint Comprehensive Plan.
(14)
True and correct copies of the complete text of all covenants,
easements, rights-of-way, and other restrictions applicable to the
common open space; private roads, walkways and/or private parking
facilities; recreational facilities; and all other land and/or facilities
included in the development plan to be held in common by an appropriate
organization or dedicated for public use.
A.
Within 60 days of the official date of filing of an application for
tentative approval of a planned residential development, a public
hearing pursuant to public notice on said application shall be held
by the Board of Supervisors.
B.
The Chairman, or, in his absence, the acting Chairman, of the Board
of Supervisors may administer oaths and compel the attendance of witnesses.
All testimony by witnesses at any hearing shall be given under oath
and every party of record at a hearing shall have the right to cross-examine
adverse witnesses.
C.
All procedures governing the conduct of the public hearing shall be in accordance with the procedures specified by Article IX of the Municipalities Planning Code[1] for Township Zoning Hearing Board hearings and all references
to the Board in that article shall be to the Board of Supervisors
for the purposes of interpreting this section.
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
D.
The Board of Supervisors may continue the hearing from time to time,
and may refer the matter back to the Planning Commission for a report;
provided, however, that in any event, the public hearing or hearings
shall be concluded within 60 days after the date of the first public
hearing.
A.
Action by Board of Supervisors. The Board of Supervisors, within
60 days following the conclusion of the public hearing provided for
in this ordinance, by official written communication to the applicant
shall either:
B.
Failure to act. Failure to so act within 60 days shall constitute
tentative approval of the land development plan as submitted.
C.
Approval with conditions. If tentative approval is granted subject
to conditions, the applicant may refuse to accept the conditions,
in which case the Board of Supervisors shall be deemed to have denied
approval of the development plan. The applicant shall reject these
conditions by written notification to the Board of Supervisors of
his decision within 30 days after receiving a copy of the decision
of the Board of Supervisors. If the applicant does not, within the
prescribed period, notify the Board of Supervisors of his refusal
to accept all the conditions, tentative approval of the land development
plan, with all attached conditions, shall stand as granted.
A land development plan may be tentatively approved only if
it is found to meet the following criteria:
A.
The proposed land development plan shall preserve the objectives
of this ordinance and shall be consistent with the Comprehensive Plan.
B.
It shall be fully served by public utilities without reducing the
level of service to the remainder of the Township.
C.
It shall organize vehicular ingress, egress, and parking to minimize
traffic congestion in the neighborhood.
D.
It shall be sited, oriented and landscaped to produce a harmonious
relationship of buildings and grounds within the development and to
the buildings and grounds of adjacent owners, and, to the fullest
extent possible, shall preserve the scenic, aesthetic, and historic
features of the landscape.
E.
It shall not involve any element or cause any condition that may
be dangerous, injurious, or noxious to any other lot or persons.
The decision granting or denying tentative approval shall be
accompanied by or include a detailed analysis containing findings
of fact and relating to the following criteria:
A.
A detailed itemization of aspects in which the proposed planned residential
development is consistent with the Richland Township-Middlesex Township
Joint Comprehensive Plan and the aspects in which it is not so consistent.
B.
Any aspects in which the proposed planned residential development
departs from zoning requirements for similar development in other
districts and the Middlesex Township Subdivision and Land Development
Ordinance[1] otherwise applicable to the subject lot, including, but
not limited to, density, bulk and use, and the reasons why such departures
are or are not deemed to be in the public interest.
C.
The purpose, location and amount of the common open space in the
proposed planned residential development, the reliability of the proposals
for maintenance and conservation of the common open space, and the
adequacy or inadequacy of the amount and purpose of the common open
space as related to the purpose, density and type of residential development.
D.
The physical design of the proposed planned residential development
and the aspects in which said design does or does not make adequate
provision for public services, provide adequate control over vehicular
traffic, and further amenities of light and air, recreation, and visual
enjoyment.
E.
The relationship, beneficial or adverse, of the proposed planned
residential development to the neighborhood in which it is proposed
to be established; and
F.
The sufficiency of the terms and conditions intended to protect the
interest of the public and the residents of the planned residential
development and the integrity of the development plan.
If a proposed planned residential development is granted tentative
approval, with or without conditions, the Board of Supervisors shall
set forth in the decision the time within which an application for
final approval shall be filed. In the case of a land development plan
that provides for development over a period of years, the periods
of time in which applications for final approval of each part thereof
shall be filed may also be established in the official written communication.
Only with the consent of the applicant may the time between grant
of tentative approval and application for final approval be less than
90 consecutive calendar days, and, in the case of development over
a period of years, the time between applications for final approval
of each part of a plan shall not be less than 12 months.
The decision shall be in writing, signed by the Chairman of
the Board of Supervisors, attested by the Township Manager, and filed
in the office of the Township Manager, and a certified copy shall
be mailed to the applicant.
A.
Consent to revoke. Tentative approval of a land development plan
shall not qualify a plat of the planned residential development for
recording, authorize development, or authorize the issuance of any
building permits. A land development plan that has been given tentative
approval as submitted or with conditions accepted by the applicant
shall not be modified or revoked, by action of the Township pending
an application or applications for final approval. If the application
for final approval is filed within the periods of time specified in
the decision granting tentative approval, the Township shall act to
modify or revoke the tentative approval only for one or the other
of the following reasons:
B.
Revocation of tentative approval. The tentative approval of the land
development plan may be revoked for either of the following reasons:
(1)
The applicant notifies the Board of Supervisors in writing of the
intention to abandon the plans; or
(2)
The applicant fails to file application for final approval within
the required time period. When tentative approval is revoked, all
areas included in the land development plan not granted final approval
shall be subject to all Township ordinances as though no application
had been filed.
C.
Plan after tentative approval. A land development plan granted tentative
approval should be considered the overall plan of the development.
This plan may not be altered without the consent of the applicant
and the Board of Supervisors. The filing of an application for final
approval of the entire development or an approved phase shall be consistent
with the plan granted tentative approval.
D.
Revisions. If there are any revisions to the plan affecting density/zoning
(i.e., units are added or deleted, affecting the overall amount of
units approved in the tentative approval), the approval must be amended.
The entire application submission must be revised and resubmitted
to the Township for an approval modification. At its request, additional
information may be required by the Township to determine the impact
of said revisions on the adjacent zoning districts, lots and/or applicable
infrastructure. A public hearing shall be required as part of a resubmission.
A.
Filing.
(1)
Application for final approval shall be filed with the Township Supervisors
not later than 12 months following the grant of tentative approval,
unless otherwise specified by the Township Supervisors. The application
shall be submitted at least 21 days prior to the regular meeting of
the Planning Commission. The application shall be comprised of one
reproducible Mylar and eight printed sets and one digital set in a
form acceptable to the Township of the land development plan, including
the completion bond and developer's agreement required by the Township
Subdivision and Land Development Ordinance[1] for approval of a final plat. The Planning Commission
shall either accept the application as complete and properly filed
or return the application to the applicant for resubmission if the
application is incomplete and improperly filed. If the application
is returned as incomplete, a written notice that cites the specific
requirements of this ordinance which have not been met shall be sent
to the applicant.
(2)
The date of the Planning Commission meeting at which the application
is accepted as complete and properly filed shall be the official date
of filing and shall represent the beginning of the forty-five-day
period for review by the Planning Commission and action by the Board
of Supervisors.
B.
Content of application for final approval. The application for final
approval shall include a land development plan, all required supplementary
data as specified herein, and a certificate of completion of Improvements
or a completion bond, as required by the Middlesex Township Subdivision
and Land Development Ordinance.[2]
(1)
The land development plan shall include:
(a)
All information as required for a final plat, as specified in
the Township Subdivision and Land Development Ordinance;
(b)
Improvements and drawings which reflect the requirements of
the Township Subdivision and Land Development Ordinance and other
applicable Township design standards;
(c)
Accurately dimensioned locations of all proposed structures,
parking areas, recreation areas and common open spaces;
(d)
The use and number of families to be housed in each structure;
and
(e)
The landscaping plan, including the location of sidewalks, trails
and buffer yards.
(2)
Supplementary data shall include:
(a)
In a form suitable for recording with the plat, any covenants,
grants of easements, rights-of-way or other restrictions to be imposed
on the use of the land and structures; and
(b)
Provisions for the maintenance, ownership and operation of common
open spaces, common recreation facilities and other improvements.
C.
Final approval.
(1)
If the application for final approval has been filed with all drawings,
specifications, other required documents in accordance with this ordinance,
and the official written communication of tentative approval, the
Planning Commission shall recommend approval of said application to
the Board of Supervisors. The Board of Supervisors shall, within 45
days of the filing of the application with the Planning Commission,
grant such land development plan final approval.
(2)
Revisions. If there are any revisions to the plan not affecting the
overall density (i.e., units are moved, added, or deleted, but do
not change the total amount of units approved in the tentative approval),
the final approval must reflect these changes when submitted to the
Township. At its request, additional information may be required by
the Township to determine the impact of said revisions on the adjacent
zoning districts, lots and/or applicable infrastructure. A public
hearing shall be required as part of the submission.
D.
Denial of approval. If the land development plan as submitted contains
variations from the land development plan given tentative approval,
the Board of Supervisors may refuse to grant final approval. It shall,
however, within 45 days from the filing of the application for final
approval, advise the applicant of the refusal, setting forth in the
notice why one or more of the variations are not in the public interest.
In the event of such refusal, the applicant may take action as provided
for in the Pennsylvania Municipalities Planning Code.
E.
Recording. A land development plan, or any part thereof, which has
been given final approval shall be certified by the Board of Supervisors
and recorded in the Office of the Recorder of Deeds before any development
shall take place. Said plan shall be recorded within 90 days of the
date final approval is granted by the Board of Supervisors or final
approval shall automatically be rescinded.
F.
Judicial review. Any decision of the Board of Supervisors granting
or denying tentative or final approval of a proposed planned residential
development shall be subject to appeal by the same procedures and
with the same limitations as provided for zoning appeals by the Pennsylvania
Municipalities Planning Code.[3]
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
G.
Failure to develop. In the event that a land development plan, or
a section thereof, is given final approval and thereafter the applicant
shall abandon such plan or the section thereof that has been finally
approved, or, in the event the applicant shall fail to commence and
carry out the planned residential development in accordance with the
time provisions of Section 508 of the Pennsylvania Municipalities
Planning Code after final approval has been granted, or, in the event
that the applicant shall substantially fail to develop in accordance
with the land development plan given final approval, no development
or further development shall take place on the lot included in the
land development plan until after the said lot is reclassified by
enactment of an amendment to the Township Zoning Ordinance in the
manner prescribed for such amendments in the Pennsylvania Municipalities
Planning Code.
H.
Enforcement remedies.
(1)
Any person, partnership or corporation who or which has violated
the planned residential development provisions of this ordinance shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Township, pay a judgment of not more than $500 plus
all court costs, including reasonable attorney fees incurred by the
Township as a result thereof. No judgment shall commence or be imposed,
levied or be payable until the date of the determination of a violation
by the District Justice. If the defendant neither pays nor timely
appeals the judgment, the Township may enforce the judgment pursuant
to the applicable rules of civil procedure. Each day that a violation
continues shall constitute a separate violation, unless the District
Justice, determining that there has been a violation, further determines
that there was a good faith basis for the person, partnership or corporation
violating this ordinance to have believed that there was no such violation,
in which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the District Justice and thereafter each day that a violation continues
shall constitute a separate violation. All judgments, costs and reasonable
attorney fees collected for the violation of this ordinance shall
be paid over to the Township. The Court of Common Pleas, upon petition,
may grant an order of stay, upon cause shown, tolling the per diem
fine pending a final adjudication of the violation and judgment.
(2)
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Township the right
to commence any action for enforcement pursuant to this Section.
