[Added by Ord. 12-09-04; as amended by Ord. 09-14-06B; and
by Ord. 06-12-08]
This Part shall be known and may be cited as the "Township of
Logan PRD Ordinance."
[Added by Ord. 12-09-04; as amended by Ord. 09-14-06B; and
by Ord. 06-12-08]
This Part is enacted and ordained under the grant of powers
by the General Assemble of the Commonwealth of Pennsylvania in the
Pennsylvania Municipalities Planning Code, Act of 1968, July 31, P.L.
805, as amended (53 P.S. § 10101 et seq.)
[Added by Ord. 12-09-04; as amended by Ord. 09-14-06B; and
by Ord. 06-12-08]
1. Innovative Residential Development. To encourage innovations in residential
development and renewal so that the growing demand for housing may
be met by greater variety in type, design, density, and layout of
dwellings and by the conservation and more efficient use of open space
ancillary to said dwellings;
2. Housing/Recreation. To provide greater opportunities for housing
and recreation for all who are/or will be residents of the Township;
3. Changing Technology. To encourage a more efficient use of land and
public services and to reflect changes in the technology of land development;
4. Flexible Land Development. To encourage more flexible land development
which will respect and conserve natural resources such as streams,
lakes, floodplains, groundwater, wooded areas, steeply-sloped areas,
and areas of unusual beauty or importance to the natural ecosystem;
5. Site Specific Development. To provide a procedure which can relate
the type, design, and layout of residential development to the particular
site and the particular demand for housing existing at the time of
development in a manner consistent with the preservation of property
values within existing residential areas, and to assure that the increased
flexibility of regulations over land development established hereby
is carried out pursuant to sound, expeditious, and fair administrative
standards and procedures.
[Added by Ord. 12-09-04; as amended by Ord. 09-14-06B; and
by Ord. 06-12-08]
1. Eligibility Requirements. No application for tentative approval of
a PRD shall be considered or approved unless the conditions outlined
in the following subsections are met:
A. The tract proposed for planned residential development consists of
a contiguous area which exceeds 75 acres.
B. The development will be served by public water supply and public
sewage disposal systems.
C. The proposed development is found to be generally consistent with
the Township's Comprehensive Plan.
D. The PRD shall be entirely within an area or district designated as
eligible for PRD. The zoning districts eligible for PRD include R1,
R1A and R2.
E. The tract of land to be developed shall be in one ownership or, if
in multiple ownerships, shall be developed according to a single plan
with common authority and responsibility.
F. All PRD's must have a minimum of two points of ingress and egress.
G. All issues not addressed by this section will be covered by other
sections of the Zoning and Subdivision Ordinances, i.e., lighting,
stormwater, signage, traffic.
[Added by Ord. 12-09-04; as amended by Ord. 09-14-06B; and
by Ord. 06-12-08]
A PRD may include the following uses:
1. Residential Uses. Residential uses including detached, semidetached
(duplex), attached (townhouses, quadplexes) or multiple family (e.g.,
garden apartment, mid-rise apartment) structures, or any combination
thereof, however, mobile homes are not permitted.
2. Nonresidential Uses. Nonresidential uses such as schools, churches,
day cares and nursing/convalescent homes to the extent that, combined,
they do not exceed a maximum of 5% of the total area of the PRD and
their location is approved by the Board of Supervisors. Access to
nonresidential uses must be provided from a collector or arterial
street. Landscaping must be provided around parking lots to block
the view from any residential structures.
3. Recreational Uses. Recreational uses deemed appropriate by the governing
body for incorporation into the design of the development.
4. Home Occupations. Customary accessory uses or home occupations pursuant
to the Zoning Ordinance.
[Added by Ord. 12-09-04; as amended by Ord. 09-14-06B; and
by Ord. 06-12-08]
1. Minimum Acreage. A minimum of 30% of the gross acreage of the tract
proposed for PRD shall be designated as and devoted to a combination
of common open space and public parkland.
2. Public Parkland Requirement. Ten percent of the open space within
the PRD must be dedicated as public parkland. This parkland must be
free of floodplain, steep slopes and other constraints which would
limit the use of the land as active parkland. This parkland will be
master planned and maintained by the Township.
3. Common Open Space Requirement. Twenty percent of the open space within
the PRD must be maintained as common open space.
4. Recreational Facilities Requirement. Recreational facilities may
be located within required open space areas provided, however, that
no buildings shall be constructed within a floodplain area or within
an area having a slope greater than 25%. Stormwater management facilities
may be located within the common open space.
5. Entity Responsible For Maintenance Of Open Space. Either of the following
methods may be used to preserve, own, and maintain common open space:
condominium or homeowners association.
6. Restriction On Transfer Of Open Space. Common open space shall not
be eligible for transfer to another party except for transfer to another
method of ownership permitted under this section, and then only where
there is no change in the open space ratio. The following specific
requirements are associated with each of the various methods:
A. Homeowners Association. The common open space may be held in common
ownership by a homeowners' association. This method shall be subject
to all of the provisions for homeowners' associations set forth in
§ 606 below, and the homeowners' association agreement shall
be recorded.
B. Condominium Association. The common open space may be controlled
through the use of condominium agreements. Such agreements shall be
in conformance with the Uniform Condominium Act. All open space land
shall be held as "common element."
7. Location Of Open Space. The common open space/parkland shall be laid
out to the satisfaction of the Board in accordance with the best principles
of site design, shall be consistent with the Township Comprehensive
Plan and any applicable Open Space Plans, and shall be located and
designed as an area or areas easily accessible to residents of the
PRD and preserving natural features. Common open space areas should
include both active and passive recreation areas for all age groups.
8. Designation Of Use Of Open Space. The tentative and final plans shall
designate the use of common open space, the type of maintenance to
be provided, and a planting plan or schedule. In designating use and
maintenance, the following classes may be used:
A. Lawn. A grass area with or without trees which may be used by the
residents for a variety of purposes and which shall be mowed regularly
to insure a neat and tidy appearance.
B. Natural Area. An area of natural vegetation undisturbed during construction,
or replanted; such areas may contain pathways. Meadows shall be maintained
as such.
C. Recreation Area. An area shall be designated for a specific recreational
use, including but not limited to tennis, swimming, playfields, and
tot lots. Such areas shall be located and maintained in such manner
as not to create a hazard or nuisance.
D. Stormwater Management Areas. Areas of stormwater management that
are maintained in accordance with the approved stormwater maintenance
program as prepared by the design consultant.
9. Open Space Design Standards. The following design standards, as deemed
appropriate by the Board, shall apply to areas of common open space.
Such areas shall be:
A. Not less than 75 feet in width at any point and not less than 1/2
acre of contiguous area, except when part of a trail system or pathway
network;
B. Interconnected with common open space areas on abutting parcels wherever
possible, including provisions for pedestrian pathways for general
public use to create linked pathway systems within the Township;
C. Provided with sufficient perimeter parking when necessary, and with
safe and convenient access from adjoining public road frontage or
other rights-of-way or easements capable of accommodating pedestrian,
bicycle, and maintenance and vehicle traffic, containing appropriate
access improvements. Areas required for parking may be included in
calculating the minimum acreage required for open space;
D. Undivided by any crossing of public or private roads, except where
necessary for proper traffic calculation, and then only upon recommendation
of the Township Engineer and Planning Commission;
E. Free of all structures, except those related to outdoor recreational
use;
F. Suitably landscaped by retaining existing natural cover and wooded
areas and/or by a landscaping plan which is consistent with the purposes
of this section and which minimizes maintenance costs; and made subject
to such agreement with the Township and such deed restrictions duly
recorded in the office of the Recorder of Deeds as may be required
by the Board of Supervisors for the purpose of preserving the common
open space or such use.
10. Maintenance of Open Space.
A. In the event that the organization established to own and maintain
the common open space (including stormwater management facilities),
or any successor organization, shall at any time after establishment
of the planned residential development fail to maintain the common
open space in reasonable order and condition in accordance with the
development plan, the Township may serve written notice upon such
organization or upon the residents and owners of the PRD, setting
forth the manner in which the organization has failed to maintain
the common open space in reasonable conditions, and said notice shall
include a demand that such deficiencies of maintenance be cured within
30 days thereof, and shall state the date and place of a hearing therein
which shall be held within 14 days of the notice. At such hearing
the Township may modify the terms of the original notice as to the
deficiencies and may give an extension of time within which they shall
be corrected. If the deficiencies set forth in the original notice
or in the modifications thereof shall not be corrected within said
30 days or any extension thereof, the Township, in order to preserve
the taxable values of the properties within the PRD and to prevent
the common open space from becoming a public nuisance, may enter upon
said common open space and maintain the same for a period of one year.
Said entry and maintenance shall not constitute a taking of said common
open space, and shall not vest in the public any rights to use the
common open space except when the same is voluntarily dedicated to
the public by the residents and owners and such dedication is acceptable
to the Township. Before the expiration of said year, the Township
shall, upon its initiative or upon the request of the organization
theretofore responsible for the maintenance of the common open space,
call a public hearing upon notice to such organization, or to the
residents and owners of the PRD, to be held by the Township, hearing
such organization or the residents and owners of the PRD shall show
cause why such maintenance by the Township shall not, at the election
of the Township, continue for a succeeding year. If the Township shall
determine that such organization is ready and able to maintain said
common open space in reasonable condition, the Township shall cease
to maintain said common open space at the end of said year.
If the Township shall determine such organization is not ready
and able to maintain said common open space in a reasonable condition,
the Township may, in its direction, continue to maintain said common
open space during the next succeeding year and subject to a similar
hearing and determination in each year thereafter. The decision of
the Township in any case shall constitute a final administrative decision
subject to judicial review.
B. The cost of such maintenance and enforcement proceedings by the Township
shall be assessed ratably against the properties within the PRD that
have a right of enjoyment of the common open space and shall become
a lien on said properties. Said assessment or charges shall be subordinate
in lien to the lien of any prior mortgage or mortgages on the property
which is subject to such assessments or charges. The Township, at
the time of entering upon such said common open space for the purpose
of maintenance, shall file a notice of such lien, in the office of
the Prothonotary of the County, upon the properties affected by such
lien within the PRD.
[Added by Ord. 12-09-04; as amended by Ord. 09-14-06B; and
by Ord. 06-12-08]
1. Site design.
A. All housing shall be designed with regard to topography and natural
features of the site. The effects of prevailing winds, seasonal temperatures,
and hours of sunlight on the physical layout and form of the proposed
buildings shall be taken into account.
B. Housing and other facilities near the periphery of the planned residential
development shall be designed so as to be harmonious with neighboring
areas.
2. Conservation of Trees and Natural Features.
A. The development shall be designed and programmed so as to minimize
earthmoving, erosion, tree clearance, and the destruction of natural
amenities.
B. Developers shall exercise care to protect trees from damage during
construction.
C. Trees with a minimum caliper of two inches shall be provided by the
developer where deemed necessary by the Board to mitigate the loss
of existing trees. Unless clearly infeasible, native species shall
be utilized.
3. Density and Spacing Requirements.
A. In this Part, where the word "former" is used, said word shall refer
to the zoning classification of a parcel of land prior to its having
been zoned PRD (planned residential development) under the provisions
of this section.
B. The distance between buildings in a planned residential development
shall not be less than that required for in the former district; however,
the Board of Supervisors may permit reductions in these requirements
if it finds that through the use of topography, sitting on the lot,
or design, such building or buildings do not infringe upon the privacy
of adjacent, existing or potential structures, provided that:
C. Front yard minimum setback distances shall be required as follows:
|
Type of Building
|
Distance From Local and Collector Streets
(feet)
|
Distance From Arterial Streets
(feet)
|
---|
|
Single-family dwelling
|
20
|
100
|
|
Two-family and multifamily dwellings
|
30
|
100
|
|
Nonresidential
|
50
|
100
|
|
NOTES:
|
---|
|
Streets will be defined as local, collector, or arterial by
a traffic study completed by the developer.
|
D. Nonresidential buildings shall not be located closer than 100 feet
from residential buildings.
E. Spacing shall be provided between buildings to ensure privacy and
sufficient light and air. Each development shall provide reasonable
visual and acoustical privacy for dwelling units. Fences, walks, barriers
and landscaping shall be used, as appropriate, for protection and
aesthetic enhancement of property, the privacy of its occupants, the
screening of objectionable views or uses and the reduction of noise
within the PRD tract, PRD sections and off site.
F. The proposed location and arrangement of structures shall not be
detrimental to existing or prospective adjacent dwellings or to the
existing or prospective development of the neighborhood. Multiple
story buildings shall be located within a planned residential development
in such a manner so as not to create an adverse impact on adjoining
low-rise buildings.
G. All structures shall be situated at least 50 feet from the property
line perimeter of the tract to be developed.
H. In order to encourage landowners to take advantage of the PRD concept
and to fulfill the intent of this Part, the Board of Supervisors may
permit up to and including the densities listed below, provided that
the development exhibits good project design, provides maximum open
space and encourages pedestrian movement throughout. Each PRD shall
consist of an appropriate mix of dwelling types.
|
Former District
|
PRD Density
|
---|
|
R1
|
5 units per acre
|
|
R1A
|
5 units per acre
|
|
R2
|
10 units per acre
|
4. Height Regulations. No structure shall exceed 35 feet in height as
measured from the mean finished grade, nor contain more than three
stories, exclusive of attic and cellar. (Basements, as defined in
this chapter, shall be considered a story).
5. Streets and Walkways.
A. The design, dimensions, and construction of all streets shall comply
with the applicable standards in the Logan Township Subdivision and
Land Development Ordinance. Where the Board finds that the purposes
of this chapter will be better served, however, it may modify the
terms of the Subdivision and Land Development Ordinance, provided
that a comparable level of performance will be achieved.
B. A traffic study, the scope of which is defined by the Township, must
be completed for all proposed PRDs.
C. Sidewalks shall be provided on both sides of all roadways.
D. The street and walkway systems shall be designed so as to relate
harmoniously with land uses and adjacent streets, and to minimize
through traffic in residential areas. All residential parking and
recreational areas shall be connected by pedestrian walkways. Walkways
that connect residential areas and parking areas shall be of a durable
all-weather surface satisfactory to the Board.
E. Separation of vehicular from pedestrian and bicycle traffic is encouraged.
Where pedestrian walkways are not within a street right-of-way, a
walkway easement at least 10 feet in width shall be designated. Where
a walkway crosses over open space land, however, the easement shall
not be subtracted from the open space land for purposes of calculating
the area thereof.
F. Where dwelling units front on a collector or arterial street, no
direct vehicular access from the lot or tract to the street shall
be permitted.
G. Shade trees of varying species shall be planted along all streets
within the street right-of-way. At least one tree of minimum two-inch
caliper and six-foot height on each side of the street shall be provided
for each 40 feet of street length, or fraction thereof.
6. Landscaping and Buffers.
A. All common parking areas shall be landscaped with trees and shrubs
of varying species. At least one shade tree of minimum two-inch caliper
and six-foot height shall be provided within the interior of each
parking area for every five parking spaces.
B. The Board may require that a planting strip be installed, along the
entire perimeter of the tract proposed for PRD or identified segments
thereof that adequately meets the following criteria.
(1)
All existing trees two inches or more in caliper and/or six
feet or more in height shall be preserved, except when cutting thereof
is specifically approved by the Board or is necessary for insuring
adequate sight distance.
(2)
The amount, density, and types of planting shall be based upon
physiographic features, feasibility of using native species, proximity
to existing dwellings, compatibility of adjacent uses, and natural
views. Where adjacent property has been developed in such a manner
that privacy from the PRD is desirable, the planting strip adjacent
thereto shall be of, sufficient density and contain sufficient evergreen
material to effectively screen the portions of the PRD from which
privacy is desired. In other areas, particularly where the physiographic
features and existing vegetation provide an attractive setting, the
planting strip may be left in its natural state or enhanced with additional
plant material of lesser density than a full screen.
(3)
No planting shall be placed with its center closer than five
feet from a property line of the tract.
(4)
Plantings shall be permanently maintained and, if necessary
to maintain an effective screen, replaced in the event they become
diseased or dead.
(5)
Planting species shall be mixed; generally, a minimum of 25%
shall be evergreen and 10% flowering material.
(6)
The required planting strip may be situated within private yard
space that abuts the tract boundary.
C. In addition to perimeter planting strips, the following landscaping
requirements shall be met:
(1)
Disturbed topsoil shall be stockpiled, protected from erosion,
and replaced after construction. Planting and protection of landscape
material shall be in accordance with a plan and shall be completed
within six months of initial occupancy of each stage of development.
Maintenance specifications for all plant material shall be submitted
with the Final Plan.
7. Water Supply. The PRD shall be provided with a complete public water
distribution system. The design and installation of such public system
shall be subject to the approval of the Township.
8. Other Utilities. All other utility lines including, but not limited
to, electric, gas, street light supply, cable TV, and telephone shall
be placed underground. Installation of all utilities shall be in strict
accordance with the engineering standards and specifications of the
Township, municipal authority, or other public utility concerned.
All such underground utilities shall be put in place, connected, and
approved before the streets are constructed, where such utilities
lie under the proposed cartway, and before any person is permitted
to occupy any building to be served by such utilities.
[Added by Ord. 12-09-04; as amended by Ord. 09-14-06B; and
by Ord. 06-12-08]
A developer may construct a PRD in stages if the following criteria
are met:
1. Approval By Township. The application for tentative approval covers
the entire planned residential development and shows the location
and approximate time of construction for each stage, in addition to
other information required by this chapter. The phasing plan must
be approved by the Board and shall be revised and approved by the
Board each year.
2. Minimum Number Of Units. At least 15% of the dwelling units in the
plan given tentative approval are included in all but the final stage.
3. Improvements Necessary. The second and subsequent stages are completed
consistent with the approved tentative plan and are of such size and
location, including a sufficient degree of completion of the road
network and other infrastructure, that they constitute economically
sound units of development.
4. Common Space Required. Each phase shall include common open space
in amounts and at locations deemed acceptable by the Board to meet,
at minimum, the open space needs generated by that phase and to assure
protection of the sensitive features of the tract. If the public parkland
is not included in the first phase, surety must be posted for the
eventual dedication of this land.
5. Residential Density Requirements. Gross residential density may be
varied from stage to stage, provided that final approval shall not
be given to any stage if the gross residential density of the area
which includes stages already finally approved and the stage for which
final approval is being sought exceeds by more than 20% the gross
residential density allowed for the entire planned residential development
in the tentatively approved plan.
[Added by Ord. 12-09-04; as amended by Ord. 09-14-06B; and
by Ord. 06-12-08]
A homeowners association shall be governed according to the
following regulations:
1. Description Of Organization. The developer shall provide to the Township
description of the organization, including its by-laws and documents
governing open space maintenance and use restrictions.
2. Operation Prior To Sale. The organization shall be established by
the developers and shall be operating (with financial subsidization
by the developers, if necessary) before the sale of any lots within
the development.
3. Membership Requirements. Membership in the organization is mandatory
for all purchasers of homes therein and their successors.
4. Open Space Obligations. The organization shall be responsible for
maintenance of insurance on common open space. The organization also
shall be responsible for real estate taxes on common open space, except
where the following alternative is utilized:
A. The developer of any subdivision or land development proposed to
contain an area(s) of common open space shall arrange with the County
Board of Assessment a method of assessment of the open space which
will allocate to each tax parcel in the subdivision a share of the
total assessment for such open space. Where this alternative is to
be utilized, the method of allocation shall be approved by the Board
of Supervisors.
5. Cost Sharing. The members of the organization shall share equitably
the costs of maintaining and developing common open space, in accordance
with the procedures established by them.
6. Notification of Transfer of Open Space. In the event of any proposed
transfer of common open space land by the homeowners' association
within the methods here permitted, or of the assumption of maintenance
of common open space land by the Township as hereinafter provided,
notice of such action shall be given to all property owners within
the PRD by the homeowners' association.
7. Staffing Requirements. The organization shall have or give adequate
staff to administer common facilities and maintain common open space.
[Added by Ord. 12-09-04; as amended by Ord. 09-14-06B; and
by Ord. 06-12-08]
1. Pre-Application Procedures. Before submitting an application, a landowner
proposing to develop a PRD is strongly encouraged to confer with the
Planning Commission, Board of Supervisors, Township Staff and Blair
County Staff to obtain guidance before incurring expense in the preparation
of plans.
2. Application for Tentative Approval.
A. The application for tentative approval shall be executed by, or on
behalf of, the landowner and filed with the Township Department of
Planning and Zoning. All fees as established by the Board by resolution
shall be paid upon filing of the application, and additional deposits
shall be made from time to time as requested by the Township. Such
deposits shall be applied against the expenses of processing and reviewing
the application.
B. The developer shall submit 14 copies of all required plans and information.
The Township Department of Planning and Zoning shall thereafter distribute
copies of the plans to all appropriate agencies, including but not
limited to the Township Planning Commission, the Board of Supervisors,
the County Planning Commission, the Township Engineer, and any Township
Park and Recreation Board.
C. All pertinent reviews, including those of the Township and County
Planning Commission and the Township Engineer, shall be provided within
55 days of referral or at least five days prior to the public hearing
to be held by the Board of Supervisors on the tentative application,
whichever shall first occur. The Township Planning Commission shall
forward to the Board copies of reports received from the Township
Engineer and all other reviewing agencies together with its own recommendations,
within the aforesaid time limitations. Copies of such reports and
recommendations also shall be furnished to the applicant within the
aforesaid time limitations.
3. Tentative Application Requirements. The application for tentative
approval shall include, but not necessarily be limited to, the following
documents:
A. A key map drawn at a scale of one inch equals 400 feet showing the
location and size of the property and showing the relation of the
property to adjoining areas, zoning and streets within 1,000 feet.
B. An existing conditions plan, at a scale of one inch equals 50 feet
(or a scale determined appropriate by the Director of Planning and
Zoning). The following information shall be included on such plan:
(1)
Contour lines at vertical intervals of not more than five feet
and showing location and elevation of the closest established benchmark(s)
from which the contour elevations are derived;
(2)
Total tract boundaries of the property being developed, showing
bearings and distances and a statement of the total acreage of the
property;
(3)
Locations of all existing tree masses, specimen trees, rock
outcroppings, watercourses, geology, floodplain areas, wetlands, sinkholes,
closed depressions, wildlife habitat and other significant natural
features (where floodplain areas, as defined in this chapter, are
located on the tract, such areas shall be delineated in accordance
with the Floodplain District Map that is part of the Ordinance);
(4)
Delineation of existing drainage patterns on the property;
(5)
Existing soil classifications;
(6)
Any existing buildings, sewer lines, water lines, electric and
telephone utility lines, pipelines, culverts, bridges, railroads,
roads, and other significant man-made features;
(7)
Locations on the tract, or within 50 feet of the property boundary,
of all structures and areas of known or potential cultural or historical
significance.
C. A plan of lots, at a scale of one inch equals 50 feet (or a scale
determined appropriate by the Director of Planning and Zoning), showing
proposed use areas, common open space, and location of buildings and
improvements to be installed. The following shall be shown on the
plan of lots:
(1)
The total number of residential units proposed, with subtotals
for each housing type, and in each phase;
(2)
The total acreage of the tract;
(3)
The average gross residential density and residential density
by phase.
(4)
The approximate location of all buildings, roads, parking areas,
public transit amenities, bike paths, sidewalks or pathways, descriptions
of the use of all structures, dimensions (including height) of all
buildings and other structures;
(5)
The width and location of proposed road rights-of-way and cartway
widths;
(6)
The location, function, size, ownership, and manner of maintenance
of common open space areas, indicating the nature of the facilities
or structures therein and proposed uses thereof;
(7)
Connections to public utilities and streets, accompanied by
documentation as to the impact of the proposed development on such
utilities and streets;
(8)
Lot lines with approximate dimensions for all residential units
for which individual ownership is proposed;
(9)
A public utility plan for sanitary sewer, water and stormwater
management controls and their easements, and a general grading plan.
D. Additional mapping and narrative shall be provided to illustrate
the following analysis:
(1)
Hydrology - Analysis of natural drainage patterns and water
resources, including an analysis of streams, natural drainage swales,
ponds or lakes, wetland areas, floodplain areas, permanent high water
table areas, and seasonal high water table areas throughout the site.
(2)
Geology - Analysis of characteristics of rock formations underlying
the site, including delineation of aquifers (particularly those locally
subject to pollution), shallow bedrock areas, and areas in which rock
formations are unstable or subject to sinkholes.
(3)
Soils - Analysis of types of soils present in the site area,
including delineation of prime agricultural soil areas, aquifer recharge
soil areas, unstable soils, soils most susceptible to erosion, and
soils suitable for urban development. The analysis of soils will be
based on the Blair County Soil Survey (USDA Soil Conservation Service).
(4)
Topography - Analysis of the site's terrain, including mapping
of elevations and delineation of slope areas greater than 25%, between
15% and 25%, and less than 15%.
(5)
Vegetation and Wildlife - Analysis of tree and plant cover and
wildlife habitats of the site, emphasizing the location of woodland
and meadowland areas. Dominant tree, plant, and animal species should
be identified and the characteristics of each recognized. Particular
emphasis shall be placed on preserving wildlife or vegetation identified
as rare or threatened.
E. A narrative describing the following:
(1)
A narrative documenting the feasibility of the proposals for
control of stormwater, erosion and sedimentation, and for the sanitary
sewage treatment system.
(2)
A narrative describing the substance of covenants, grants of
easements, restrictions to be imposed upon the use of land, and structures,
including proposed grants and/or for public utilities.
(3)
A plan of lots and narrative illustrating phasing, including
a time schedule for all on-site and off-site improvements which shall
be made, and the proposed times within which applications for final
approval of all sections of the PRD are intended to be filed. The
schedule must be updated annually on the anniversary of its approval
until the development is completed and accepted.
(4)
A written statement by the landowner setting forth reasons why,
in his/her opinion, the PRD would be in the public interest and would
be consistent with the Township Comprehensive Plan.
(5)
Narrative with a statement of present ownership, along with
a statement of the applicant's interest in the property.
G. Signature block with date for the Planning Commission and Board of
Supervisors.
4. Public Hearings.
A. Within 60 days after the filing of an application for tentative approval
of a PRD pursuant to this chapter, a public hearing pursuant to public
notice on said application shall be held by the Board of Supervisors
in the manner prescribed in the Zoning Ordinance for the enactment
of an amendment. The chairman or, in his absence, the acting chairman
of the Board or its designated agency 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.
B. A verbatim record of the hearing shall be caused to be made by the
Board whenever such records are requested by any party to the proceedings;
but the cost of making and transcribing such a record shall be borne
by the party making the request and the expense of copies of such
record shall be borne by those who wish to obtain such copies. All
exhibits accepted in evidence shall be properly identified and duly
preserved or, if not accepted in evidence, shall be properly identified
and the reason for the exclusion clearly noted in the record.
C. The Board may continue the public hearing provided, however, that
the ensuing hearings shall be concluded within 60 days from the date
of the first public hearing.
5. Findings.
A. Within 60 days following the conclusion of the public hearing provided
for in this Article, or within 180 days after the date of filing of
the application, whichever occurs first, the Board shall, by official
written communication to the landowner either:
(1)
Grant tentative approval of the development plan as submitted;
(2)
Grant tentative approval subject to specified conditions not
included in the development plan as submitted; or
(3)
Deny tentative approval of the development plan.
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Failure to so act within said period shall be deemed to be a
grant of tentative approval of the development plan as submitted.
In the event, however, that tentative approval is granted subject
to conditions, the landowner may, within 30 days after receiving a
copy of the official written communication of the Board of Supervisors,
notify the Board of his refusal to accept all said conditions, in
which case, the Board shall be deemed, to have denied tentative approval
of the development plan. In the event that landowner(s) does not,
within said period, notify the Board of his refusal to accept all
said conditions, tentative approval of the development plan, with
all said conditions, shall stand as granted.
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B. The grant or denial of tentative approval by official written communication
shall include not only conclusions but also findings of fact related
to the specific proposal and shall set forth the reasons for the grant,
with or without conditions, or for the denial, and said communication
shall set forth in what respects the development plan would or would
not be in the public interest, including but not limited to findings
of fact and conclusions on the following:
(1)
Those respects in which the development plan is or is not consistent
with the comprehensive plan for the development of the Township;
(2)
The extent to which the development plan departs from zoning
and subdivision regulations otherwise applicable to the subject property,
including but not limited to density, bulk, and use, and the reasons,
if any, why such departures are not deemed to be in the public interest.
(3)
The purpose, location, and amount of the common open space in
the 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, and the adequacy or inadequacy of the amount and purpose of
the common open space as related to the proposed density and type
of residential development;
(4)
The physical design of the development plan and the manner in
which said design does or does not make adequate provisions for public
services, provide adequate control over vehicular traffic, and further
the amenities of light and air, recreation, and visual enjoyment;
(5)
The relationship, beneficial or adverse, of the proposed planned
residential development to the neighborhood in which it is proposed
to be established; and
(6)
In the case of a development plan which proposes development
over a period of years, the sufficiency of the terms and conditions
intended to protect the interests of the public and of the residents
of the planned residential development in the integrity of the development
plan.
C. In the event a development plan is granted tentative approval, with
or without conditions, the Board may set forth in the official written
communication the time within which an application for final approval
of the development plan shall be filed or, in the case of a development
plan which provide for development over a period years, the periods
of time within which applications for final approval of each stage
thereof shall be filed. Except upon the consent of the landowner,
the time so established between grant of tentative approval and an
application for final approval shall not be more than three months
and, in case of development over a period of years, the time between
applications for final approval of each stage of a plan shall not
be more than 12 months.
6. Status of Plan after Tentative Approval.
A. The official written communication provided for in Subsection
5B of this section shall be certified by the Secretary of the Board of Supervisors and shall be filed in the Township office, and a certified copy shall be mailed to the landowner. Where tentative approval has been granted, the same shall be noted on the Township
Zoning Map.
B. Tentative approval of a development plan shall not qualify a plat
of the planned residential development for recording nor authorize
development or the issuance of any building permits. A development
plan which has been given tentative approval as submitted, or which
has been given tentative approval with conditions which have been
accepted by the landowner (and provided that the landowner has not
defaulted nor violated any of the conditions of the tentative approval),
shall not be modified or revoked or otherwise impaired by action of
the Township pending an application, or applications for final approval,
without the consent of the landowner, provided an application for
final approval is filed or, in the case of development over a period
of years, provided applications are filed, within the periods of time
specified in the official written communication granting tentative
approval.
C. Any changes to the tentatively approved development plan which are
proposed prior to the final plan submittal shall be submitted to the
Board of Supervisors for consideration and determination as to whether
or not the changes are substantial enough to require a public hearing
prior to approval. If the Board of Supervisors determines a public
hearing is not required, the plan may move to the final approval stage.
If the Board of Supervisors determines a public hearing is necessary,
the process outlined in subsections public hearings and findings,
above, shall be followed. If a public hearing is required to review
the revised plan, the applicant shall be responsible for payment of
the fee for the legal advertising notice. Upon tentative approval,
the applicant shall provide the Township with three copies of the
revised master plan.
D. In the event that a development plan is given tentative approval
and thereafter, but prior to final approval, the landowner shall elect
to abandon said development plan and shall so notify the governing
body in writing, or in the event the landowner shall fail to file
an application or applications for final approval within the required
period of time or times, as the case may be, the tentative approval
shall be deemed to be revoked and all that portion of the area included
in the development plan for which final approval has not been given
shall be subject to those local ordinances otherwise applicable thereto
as they may be amended from time to time, and the same shall be noted
on the zoning map and in the records of the Township Secretary.
E. A development plan which has been given tentative approval shall
submit street, sanitary, water and stormwater plans for the entire
development to be approved by the Township Engineer. The plans shall
include information sufficient for review and approval of a pre-final
design as required by the Township ordinances for a preliminary subdivision
plan. Approval of this submission is required prior to any final plan
submissions for separate section(s) or the complete development. Review
shall be within 90 days of the submission or resubmission date. Pre-final
design submission must be reviewed and approved by the Director of
Planning and Zoning, fire chief, water and sewer provider, and Township
Engineer.
7. Application for Final Approval. An application for final approval
may be for all the land included in a development plan or, to the
extent set forth in the tentative approval, a section thereof. Said
application shall be made to the Department of Planning and Zoning
and within the time or times specified by the official written communication
granting tentative approval. The application shall include the documents
as outlined below.
A. Ten copies of the final plan, prepared or certified by a registered engineer or surveyor in accordance with the Township's Subdivision [Chapter
22] and Zoning Ordinance [Chapter
27], showing the final location and widths of all streets, the location of all buildings, parking areas, pedestrian ways, utilities, utility easements, lot lines, the location and size of all open space not devoted to parking lots, streets or driveways, the proposed use of all lands and buildings and the metes and bounds of all proposed dedicated areas and lots.
B. Restrictive covenants executed by all owners of the premises within
the section covered by the final plan which, if approved, shall be
recorded with the Recorder of Deeds of Blair County. The restrictive
covenants shall be effective for a period of at least 35 years, except
that covenants relating to stormwater management facilities, parks,
recreation and other open space areas shall provide that the same
remain as such perpetually.
C. Any additional conditions set forth at the time of tentative approval.
8. Optional Public Hearing. A public hearing on an application for final
approval of the development plan, or part thereof, shall not be required
provided that the development, or part thereof, submitted for final
approval is in compliance with the development plan theretofore given
tentative approval and with any specified conditions attached thereto.
9. Time Requirements On Approval. In the event the application for final
approval has been filed, together with all drawings, specifications,
and other documents in support thereof, and as required by the Ordinance
and the official written communication of tentative approval, the
Township shall, within 45 days from the date of the regular meeting
of the Board of Supervisors or Planning Commission, whichever first
reviews the plans, next following the date the application is filed,
grant such development plan final approval provided, however, that
should the next regular meeting occur more than 30 days following
the filing of the application, the forty-five-day period shall be
measured from the 30th day following the day the application was filed.
10. Disapproval Procedures. In the event the development plan as submitted
contains variations from the development plan given tentative approval,
the approving body may refuse to grant final approval and shall, within
45 days from the date of the regular meeting of the governing body
or the planning agency, whichever first reviews the application, next
following the date the application is filed, so advise the landowner
in writing of said refusal, setting forth in said notice the reasons
why one or more of said variations are not in the public interest.
Provided, however, that should the next regular meeting occur more
than 30 days following the filing of the application, the forty-five-day
period shall be measured from the 30th day following the day the application
has been filed. In the event of such refusal, the landowner may either:
A. Refile his application for final approval without the variations
objected; or
B. File a written request with the approving body that it hold a public
hearing on his application for final approval.
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If the landowner wishes to take either such alternate action
he may do so at any time within which he shall be entitled to apply
for final approval, or within 30 additional days if the time for applying
for final approval shall have already passed at the time when the
landowner was advised that the development plan was not in substantial
compliance. In the event the landowner shall fail to take either of
these alternate actions within said time, he shall be deemed to have
abandoned the development plan. Any such public hearing shall be held
pursuant to public notice with 30 days after request for the hearing
is made by the landowner, and the hearing shall be conducted in the
manner described in this article for public hearings on applications
for tentative approval. Within 30 days after the conclusion of the
hearing, the approving body shall by official written communication
either grant final approval to the development plan or deny final
approval. The grant or denial of final approval of the development
plan shall, in cases arising under this section, be in the form and
contain the findings required for an application for tentative approval
set forth in this article. Failure of the governing body or agency
to render a decision on an application for final approval and communicate
it to the applicant within the time and in the manner required by
this section shall be deemed an approval of the application for final
approval, as presented, unless the applicant has agreed in writing
to an extension of time or change in the prescribed manner of presentation
of communication of the decision, in which case, failure to meet the
extended time or change in manner or presentation of communication
shall have like effect.
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11. Recording of Approved Plan. A development plan, or any part thereof, which has been given final approval shall be so certified without delay by the approving body and shall be filed of record forthwith in the office of the recorder of deeds before any development shall take place in accordance therewith. Upon the filing of record of the development plan the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion, in accordance with the time provisions stated in the tentative approval of said planned residential development or of that part thereof, as the case may be, that has been finally approved, no modification of the provisions of said development plan, or part thereof, as finally approved, shall be made except with the consent of the landowner. Upon approval of a final plan, the developer shall record the plat and post financial surety in accordance with the provisions of Chapter
22.
12. Abandonment After Approval. In the event that a development plan,
or a section thereof, is given final approval and thereafter the landowner
shall abandon such plan or the section thereof that has been finally
approved, and shall so notify the Board of Supervisors in writing;
or, in the event the landowner shall fail to commence and carry out
the planned residential development within such reasonable period
of time as may be fixed by ordinance after final approval has been
granted, no development or further development shall take place on
the property included in the development plan until after the said
property is re-subdivided and is reclassified by enactment of an amendment
to the Township Zoning Ordinance, as amended.
[Added by Ord. 12-09-04; as amended by Ord. 09-14-06B; and
by Ord. 06-12-08]
1. Performance Guarantee. Prior to release of the approved final plan
for recording, the developer shall guarantee the installation of all
required improvements by posting a performance guarantee. The amount,
form, terms of release, etc. of the performance guarantee shall be
the same as those specified in the Township Subdivision and Land Development
Ordinance.
2. Dedication and Maintenance Guarantee.
A. All streets, recreational facilities, surface drainage, water and
sewer facilities, and other improvements shown on the final plan shall
be privately owned until such time as they have been offered for dedication
to the Township and accepted by resolution of the Board.
B. Before accepting any such offer of dedication, the Board shall require
of the developer a maintenance guarantee. The amount, form, duration,
terms of release, etc. shall be the same as those specified in the
Township Subdivision and Land Development Ordinance.
3. Permits.
A. Issuance of permits, and all matters pertaining to administration
of the plan as finally approved, shall be the responsibility of the
Township Zoning Officer.
B. Upon application of the landowner showing compliance with the requirements
of final approval, the Zoning Officer shall issue permits for construction
pursuant to the plan, or any section thereof.
C. The provisions of Article VII, Administration, of the Township Zoning
Ordinance shall be fully applicable to the plan as finally approved
insofar as the provisions thereof are consistent with the provisions
of this chapter and the conditions of final approval. The Zoning Officer
shall review the progress and status of construction of the plan and
render monthly reports thereon to the Board in order to assure compliance
with the provisions of this chapter and the conditions of final approval.
4. Fees. The Board shall establish by resolution a schedule of fees
to be paid by the developer at the time of filing the tentative and
final applications.
5. Enforcement Remedies. Any person, partnership, corporation, who or
which has violated the planned residential development provisions
of any ordinance enacted under this act or prior enabling laws shall,
upon being found liable therefore in a civil enforcement proceeding
commenced by a municipality, pay a judgment of not more than $500
plus all court costs, including reasonable attorney fees incurred
by a municipality a result thereof. No judgment shall commence or
be imposed, levied or 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 municipality may enforce the
judgment pursuant to the appropriate 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 the ordinance to have believed
that there was no such violation, in which even 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 planned residential development
provisions shall be paid over to the municipality whose ordinance
has been violated.
The court of common pleas, upon petition, may grant an order
of stay, upon cause shown, tolling the per diem judgment pending a
final adjudication of the violation and judgment.
[Added by Ord. 12-09-04; as amended by Ord. 09-14-06B; and
by Ord. 06-12-08]
The provisions of Part
13 entitled "Planned Residential Developments", of Chapter
20 of the Township of Logan Code of Ordinances shall be applicable to only those Planned Residential Developments approved by the Township on or before December 31, 2007; thereafter, no further Planned Residential Developments shall be permitted in the Township of Logan and Part
13, except as to those Planned Residential Developments heretofore approved, is hereby rescinded in its entirety.