The purposes of planned residential development provisions are:
A.
To encourage innovations in residential development so that the demand
for housing may be met by greater variety and maximum choice in the
type, design, and layout of dwellings and by the conservation and
efficient use of recreation open space ancillary to said dwellings.
B.
To encourage a more efficient use of land and to reflect changes
in the technology of land development so that the economies achieved
may benefit those who need homes.
C.
To encourage more flexible land development which will respect and
conserve natural resources such as streams, floodplains, wetlands,
wooded areas, steeply sloped areas, areas of unusual beauty, and significant
natural habitats.
D.
To provide a greater variety of housing types, and giving inhabitants
a broader range of dwelling types from which they can choose to satisfy
their changing life styles and requirements.
An application for a planned residential development shall not
be eligible for tentative approval unless the following initial requirements
are met:
A.
The proposed planned residential development shall consist of one
or more contiguous parcels of land under ownership purchase agreement,
option to purchase, leasehold agreement, or other similar legal agreement
by a single legal entity to own and/or develop the land.
C.
The proposed planned residential development shall be connected to
public water and sanitary sewer systems.
D.
No multifamily dwellings shall be constructed until there is such
evidence that adequate fire protection is available to serve such
dwellings.
B.
Mix of housing types. The mix of residential uses and housing types
shall be determined by the following:
No one type of dwelling unit shall exceed 70% of the total dwelling
units. The general standards for mix of housing set forth in this
section may be modified by the Borough Council where it is the opinion
of the Council that the findings of the site analysis justify a modification.
Where proposed housing mixes deviate from the standards in this section,
the burden of proof shall be upon the developer to demonstrate the
proposals are in general accord with the Borough Comprehensive Plan
and that the characteristics of the PRD site and the surrounding area
justify a mix than otherwise is permitted.
C.
Nonresidential uses. Nonresidential uses may be permitted to the
extent that they are designed and intended to serve the daily and
convenient shopping and personal service needs of the planned residential
development residents and are compatible and harmoniously incorporated
into the design of the planned residential development. A market feasibility
study to show need shall be provided by the applicant.
D.
Density and locational requirements.
(1)
The density for the total PRD site and any phase of the PRD shall
not exceed eight dwelling units per acre.
(2)
The percentage of the site which is to be covered by the buildings,
streets, parking areas and other impervious cover shall not exceed
30% of the total site area.
(3)
The percentage of the site to be devoted to common open space shall
be no less than 25% of the total site area. The 25% requirement shall
not include slopes greater than 20%, wetlands, one-hundred-year floodplains,
parking areas, streets, and yard areas of less than 25 feet around
all buildings and other areas unusable because of environmental constraints.
(4)
The percentage of the site to be devoted to nonresidential uses shall
not exceed 5% of the total site area.
(5)
No structure shall be located within 50 feet of a boundary of the
PRD or a street outside the PRD.
A.
Site analysis.
(1)
Natural features analysis. A thorough analysis of the natural features
of the site is required to include the following categories:
(a)
Hydrology. Analysis of natural drainage patterns and water resources,
including streams, natural drainage, swales, ponds or lakes, wetlands,
floodplain areas, permanent high water table areas, and seasonal high
water table areas.
(b)
Geology. Analysis of characteristics of rock formations underlying
the site, including defining aquifers, shallow bedrock areas, and
areas in which rock formations are unstable.
(c)
Soils. Analysis of types of soils present in the site areas,
including delineation of aquifer recharge soil areas, unstable soils,
soils most susceptible to erosion, and soils suitable for development.
(d)
Topography. Analysis of site terrain, including contour mapping
and delineation of slope areas over 20%, between 10 and 20% and under
10%.
(e)
Vegetation. Analysis of tree and plant cover, emphasizing location
of woodland areas. Dominant tree and plant species and their characteristics
shall be identified.
(2)
Community impact analysis. In order to determine the impact of the
planned residential development upon the Borough, an analysis of the
potential effects of the PRD upon public facilities, utilities, and
street systems is required. A comparison of the costs to the Borough
versus the revenues to the Borough shall be included in the analysis.
Market analysis data estimating potential market demand for types
of housing in the PRD shall also be presented.
B.
Site design requirements.
(1)
Residential uses.
(a)
The natural features of the site shall be a major factor in
determining the siting of dwelling units.
(b)
Dwellings shall be located and sited so as to promote pedestrian
and visual access to common open space.
(c)
Dwelling units shall be located and arranged so as to promote
privacy for residents within the PRD and maintain privacy for residents
adjacent to the PRD.
(d)
No structure shall be located within 20 feet of a street right-of-way.
(2)
Commercial uses.
(a)
All commercial uses shall be located with direct access to either
a collector or arterial street within the PRD.
(b)
Signs for commercial uses are permitted subject to the following
restrictions:
[1]
A single sign for the commercial area is permitted. Such sign
shall be limited to a height of six feet with a total maximum area
of 30 square feet.
[2]
Signs for individual uses shall be permitted on the structure
(except roof signs). Signs shall be limited to the store name and
shall be no more than 30 square feet.
[3]
Signs may be illuminated providing such lighting is designed
and located so as to direct light away from adjacent residences and
meets all requirements of this chapter.
(3)
Common open space.
(a)
The location, shape, size, and character of the common open
space shall be provided in a manner consistent with the objectives
set forth for PRD in this chapter, and suitable for active and passive
recreation.
(b)
Whenever possible, common open space shall be designed as a
contiguous area interspaced with residential areas to provide pedestrian
and visual access.
(c)
Significant natural features such as woodland areas, large trees,
and scenic views shall be incorporated into common open space areas
whenever possible.
(d)
Development of the PRD must be planned so as to coordinate the
establishment of common open space areas and the construction of dwelling
units.
(4)
Streets.
(a)
The street system of the PRD shall be designed so as to relate
harmoniously with land uses within and adjacent to the PRD through
the establishment of a hierarchy of roadway functions which includes
collector and local streets, to create a separation of automobile
and pedestrian traffic through the coordinated design of streets,
dwelling units, common open space areas, and pedestrian walkways to
create efficient and safe connections with the existing street system
of the Borough, and to minimize through traffic in residential areas.
(5)
(6)
Lighting. All streets, off-street parking areas, and areas of intensive
pedestrian use shall be adequately lighted in accordance with the
requirements of this chapter. All costs shall be the responsibility
of the developer.
(7)
Soil erosion control and storm drainage. Soil erosion control and
storm drainage shall be specified and approved by the Borough Engineer
in accordance with applicable Borough ordinances.
(8)
Tree conservation and landscaping.
(a)
Existing trees shall be preserved wherever possible. The protection
of trees six inches or more in diameter (measured at a height 4 1/2
feet above the original grade) shall be a factor in determining the
location of open space, structures, underground utilities, walks,
and paved areas.
(b)
Where extensive natural tree cover and vegetation does not exist
and cannot be preserved, landscaping shall be regarded as an essential
feature of the PRD. In these cases, extensive landscaping shall be
undertaken to enhance appearance, aid in erosion control, provide
protection from wind and sun, screen streets and parking areas, and
enhance the privacy of dwelling units.
(c)
Street trees shall be provided along all streets.
A.
Telephone, electric, and cable TV utilities shall be installed underground.
B.
Refuse stations to serve residential, recreational, and commercial
areas shall be designed with suitable screening, and located so as
to be convenient for trash removal and not offensive to nearby residential
areas.
C.
All improvements required by Chapter 250, Subdivision and Land Development, shall be provided. With the exception of standards explicitly set forth in this PRD article of this Zoning Ordinance, site improvements shall conform to standards set forth in Chapter 250, Subdivision and Land Development, and this chapter.
The developer shall make provisions which insure that the common
open space land shall remain in perpetuity and be properly maintained.
The developer shall provide for and establish an organization for
the ownership, maintenance, and preservation of open space which shall
conform to the following standards and procedures:
A.
The organization shall be established by the developer before the
sale or rental of dwelling units. Documents relating to the organization
shall be approved by the Borough prior to the granting of final plan
approval.
B.
The form, financial capability, rules of membership, and methods
of cost assessment of the organization shall be devised so as to insure
the successful fulfillment of the maintenance, preservation, and improvement
responsibilities of the organization.
C.
The organization responsible for maintenance, preservation, and improvement
of common open space areas shall be the sole owner of the common open
space lands.
D.
In the event that the organization established to own and maintain
a common open space of 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 Borough may serve written
notice upon such organization, or upon the residents of the planned
residential development setting forth the manner in which the organization
has failed to maintain the common open space in reasonable condition,
and said notice shall include a demand that such deficiencies of maintenance
be corrected within 30 days thereof, and shall state the date and
place of a hearing thereon which shall be held within 14 days of the
notice.
E.
At such hearing the Borough may modify the terms of the original
notice as to the deficiencies and may be given an extension of time
within which they shall be corrected.
A planned residential development may be developed in stages
if the following standards are met:
A.
Preapplication consultation.
(1)
Prior to the preparation and submission of an application for tentative
approval, a preapplication consultation meeting shall be held with
the Borough Planning Commission. The purpose of this informal meeting
is to discuss the general intent of the landowner, to consider relationships
to the Borough Comprehensive Plan, and to outline the approval process
and the specific requirements for plan preparation and submission.
No statement or representation of the Borough Planning Commission
shall be binding on the Borough. It is required that a sketch plan
be submitted showing at least the following information:
(2)
The Borough Planning Commission may specify required documentation
to accompany submission for tentative plan application at this time.
B.
Application for tentative approval.
(1)
The application for tentative approval shall be executed by or on
behalf of the landowner and filed with the head of Borough Engineering
Services. An initial deposit as established by resolution of Borough
Council shall be paid upon filing of the application to be applied
against the expenses of processing the application and additional
deposits made from time to time as requested by the Borough, not to
exceed actual expenses incurred by the Borough.
(2)
The application for tentative approval shall include documentation illustrating compliance with all of the standards for PRD set forth in this section, include documentation required by the Borough Planning Commission and include all information and documents required for a preliminary plan by Chapter 250, Subdivision and Land Development, and shall constitute the development plan for the planned residential development.
(3)
One copy of every application for tentative approval received by
the Borough shall be promptly forwarded to the County Planning Commission
for study and recommendation as required by law. The County Planning
Commission shall review and report upon the application to the Borough
within 30 days of such referral.
D.
Findings.
(1)
Time frame for granting or denying tentative approval and acceptance
of conditions.
(a)
The Borough Council, within 60 days following the conclusion
of the public hearing or within 180 days after the date of filing
of the application, whichever occurs first, shall, by official written
communication to the landowner, either:
(b)
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 Borough Council,
notify such Borough Council of his refusal to accept all said conditions,
in which case, the Borough Council shall be deemed to have denied
tentative approval of the development plan. In the event the landowner
does not, within said period, notify the Borough Council of his refusal
to accept all said conditions, tentative approval of the development
plan, with all said conditions, shall stand as granted.
(2)
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 with particularity 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:
(a)
In those respects in which the development plan is or is not
consistent with the Comprehensive Plan for the development of the
Borough;
(b)
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
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 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 proposed density and type of residential development;
(d)
The physical design of the development plan and the manner in
which said design does or does not make adequate provision for public
services, provide adequate control over vehicular traffic, and further
the 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)
If the case of a development plan which proposed 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.
(3)
In the event a development plan is granted tentative approval, with
or without conditions, the Borough Council 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 provides for development over a period of
years, the periods of time within which applications for final approval
of each part 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 less than three
months and, in the case of developments over a period of years, the
time between applications for final approval of each part of a plan
shall be not less than 12 months.
E.
Application for final approval.
(1)
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
Borough within the time or times specified by the official written
communication regarding the tentative plan. If the application for
final approval is in compliance with the tentatively approved development
plan and any conditions of tentative approval, a public hearing shall
not be required.
F.
Guarantee of improvements. Guarantee for improvements and an improvements agreement shall be submitted in accordance with Chapter 250, Subdivision and Land Development.
G.
Procedures after application for final approval.
(1)
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 this chapter and the official written communication
of tentative approval, the Borough shall, within 45 days from the
date of the regular meeting or the Borough Council or the Planning
Commission, whichever first reviews the application, 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 has been filed.
(2)
In the event the development plan as submitted contains variations
from the development plan given tentative approval, the Borough Council
may refuse to grant final approval and shall, within 45 days from
the date of the regular meeting of the Council or the Planning Commission,
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:
(3)
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 within 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 Borough Council 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 Borough Council 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.
