In addition to the general purposes of Article
I, the provisions of this article are intended to serve the purposes of a PRD stated in the Pennsylvania Municipalities Planning Code, as amended.
An application for tentative approval of a proposed
PRD shall only be eligible for tentative approval if the following
initial requirements are met:
A. The proposed PRD shall consist of one or more contiguous parcels of land under single ownership and control or under active agreement of sale with the parcels clearly intended to be owned and developed by a single legal entity. Notwithstanding the foregoing, with respect to a planned residential golf course community, the parcels of land to be utilized as a public golf course and the parcels of land to be developed in accordance with the provisions of the Article
XXIII shall not be required to be under single ownership and control.
[Amended 11-3-2005 by Ord. No. 02-05]
B. The proposed PRD shall contain a minimum number of
adjacent acres in accordance with the following schedule:
(1)
If land within the RR District is involved:
50 acres.
(2)
If land within the RR District is not involved:
30 acres.
(3)
Notwithstanding the provisions of Subsection
B(1) and
(2), if the proposed PRD is a planned residential golf course community, the proposed PRD shall contain a minimum of 200 acres of adjacent acres.
[Added 11-3-2005 by Ord. No. 02-05]
C. PRD shall only be permitted within the RR, LDR, MDR,
MHDR or CR Districts. Notwithstanding the foregoing, a planned residential
golf course community may extend into an AG District, provided, however,
that not less than 50% of the total acreage of the planned residential
golf course community shall be contained within the RR, LDR, MDR,
MDHR, or CR Districts.
[Amended 11-3-2005 by Ord. No. 02-05]
D. Public water and public sanitary sewer systems shall
serve all principal uses of the PRD.
E. No building in a PRD shall include more than four
stories.
Underground provisions shall be made for telephone,
electric service and cable TV lines.
A PRD may be developed in phases if the applicant
proves that the following standards are met:
A. The location and order of each phase is clearly marked
on the development plan.
B. At least 10% of the dwelling units in the development
plan are included in the first phase. In the case of a planned residential
golf course community, the first phase shall also include construction
of the golf course.
[Amended 11-3-2005 by Ord. No. 02-05]
C. At least 50% of the dwelling units in the PRD shall
be rented or sold before any commercial development is completed.
D. All phases shall be completed consistent with the
development plan and shall be of such size and location that they
constitute economically sound units of development.
E. Each proposed phase (including but not limited to
its utilities, open space, density and transportation system) shall:
[Amended 11-3-2005 by Ord. No. 02-05]
(1) Be
able to properly function if other phases of the PRD are not completed;
and
(2) Except with respect to §
275-204B in connection with a planned residential golf course community, meet all requirements of this chapter if other phases of the PRD are not completed.
Tentative and final plans for a PRD shall each
be reviewed by the Township Planning Commission and be subject to
approval, conditional approval or denial by the Board of Commissioners.
A. Preapplication consultation. Prior to the preparation and submission of an application for Tentative Approval, a preapplication consultation meeting should be held with the Township Planning Commission by the prospective applicant for tentative approval. The purpose of the informal meeting is to discuss the general intent of the landowner, to consider relationships with adjacent neighborhoods and streets, and to discuss possible modifications of Township requirements. No comment or statement concerning a review at this time shall be binding on the Township. The applicant should submit a conceptual sketch plan that follows the standards listed in Chapter
230, Subdivision and Land Development, for a sketch plan.
B. Application for tentative approval.
(1)
An application for tentative approval on a form prescribed by the Township shall be executed by or on behalf of the landowner and filed with the Township. A tentative PRD approval shall take the place of a "preliminary plan approval" under Chapter
230, Subdivision and Land Development. Unless stated otherwise in a Township fee resolution, the same amounts and procedures for payment of fees and costs shall apply for a PRD as would apply to a subdivision including the same amount of development.
(2)
The application for tentative approval shall
be accompanied by and include plans, documents and studies which contain
or illustrate the following information:
(a)
The location, size and topography of the PRD
site and the proposed name of the PRD.
(b)
The nature of the landowner's and developer's
interest in the PRD, with addresses of such persons.
(c)
The proposed land use areas within the PRD distinguishing
between types of residential, nonresidential and open space uses.
(d)
The land use density of each land use within
the PRD and the average gross residential density for the entire PRD.
(e)
The use and approximate height, bulk and location
of existing and proposed buildings and other structures.
(f)
The location, function, size, ownership, proposed
facilities and entity to be responsible for maintenance of the common
open space.
(g)
The location, rights-of-way and cartway widths
of existing and proposed streets and the location and capacity of
areas for the parking of vehicles.
(h)
The feasibility of proposals for water supply
and sanitary sewage and stormwater disposition systems.
(i)
The proposed location of all utility lines and
pedestrian walkways.
(j)
The substance of covenants, grants of easements
or other restrictions to be imposed upon the use of land, buildings
and structures, including proposed grants and/or easements for common
open space areas and public utilities and the legal form of provision
thereof.
(k)
In the case of plans which call for development
in phases, a schedule showing the approximate time within which applications
for final approval of each phase of the PRD are intended to be filed
and the approximate number of dwelling units, types of dwelling units
and gross residential density for each type of dwelling unit planned
for each phase. The schedule shall be updated annually on the anniversary
of submission for tentative approval.
(l)
A site map or maps at one inch equals 100 feet (or such other scale as may be preapproved by the Township Engineer) delineating the hydrology, geology, soils, topography and vegetation of the site as explained in §
275-206. The combined impact of the natural features upon the development potential of each specific area of the site shall be clearly illustrated on the map or maps at the same scale as the required site plan.
(m)
The community impact analysis required by §
275-206.
(n)
A site plan of one inch equals 50 feet (or at
such other scale as may be preapproved by the Township Engineer) showing
contour lines at vertical intervals preapproved by the Township Engineer.
(o)
Approximate location, size and material of all
sanitary sewer, water supply and storm drainage system lines and proposed
connections to existing public facilities.
(p)
A plan at one inch equals 800 feet, or at such
other scale as may be preapproved by the Township Engineer, illustrating
the relation of the proposed PRD to the surrounding area and all existing
developments within 1,000 feet of the PRD.
[Amended 11-3-2005 by Ord. No. 02-05]
(q)
In the case of plans which call for development
in phases, a plan at one inch equals 100 feet or at such other scale
as may be preapproved by the Township Engineer, delineating each phase
or section of the PRD consecutively numbered so as to illustrate phasing
of development.
(r)
A written statement by the developer setting
forth the reasons why, in his/her opinion, the PRD would be more in
the public interest than conventional development of the tract.
(s)
Such other plans, maps, studies and documentation which may be required to comply with the terms of this Article
XXIII or which the Township may reasonably request at any phase in the proceedings to determine compliance with Township ordinances.
(t)
North arrow, graphic scale, date of submission
and date and description of revisions.
C. Planning Commission review. One copy of every application
for tentative approval received by the Township shall be promptly
forwarded to the Township Planning Commission and to the Lehigh Valley
Planning Commission (LVPC) for study and recommendation. Any report
and recommendation received from the Township Planning Commission
or the LVPC shall forthwith be made available to the landowner. Any
recommendation of the Township Planning Commission or LVPC shall be
advisory and the failure of either of said Commissions to furnish
a recommendation shall not give rise to any resumptions or inferences.
D. Public hearing. Section 708 of the Pennsylvania Municipalities
Planning Code, as amended, or its successor section, is hereby included by reference.
E. Tentative decision and findings. Section 709 of the
Pennsylvania Municipalities Planning Code, as amended, or its successor section, is hereby included by reference.
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, 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:
(1)
In 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 why departures are or are not deemed to be in
the public interest.
(3)
The purpose, location and amount of the common
open space in the PRD, 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.
(4)
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.
(5)
The relationship, beneficial or adverse, of
the proposed PRD to the neighborhood in which it is proposed to be
established.
(6)
The sufficiency of terms and conditions to protect
the interests of the public and the residents of the PRD in the integrity
of the development plan and to make sure that portions of the development
will properly function, with appropriate amenities, even if later
portions are not completed.
F. Timetable for filing final approval. Section 709(c)
of the Pennsylvania Municipalities Planning Code, as amended, or its successor section is hereby included by reference.
Tentative approval shall not by itself authorize the construction
of streets, utilities or buildings.
G. Status of plan after tentative approval. Section 710
of the Pennsylvania Municipalities Planning Code, as amended, or its successor section is hereby included by reference.
H. Application for final approval.
(1)
Section 711 of the Pennsylvania Municipalities
Planning Code, as amended, or its successor section, is hereby included by reference.
(2)
The application for final PRD approval shall include a final plan at a scale of 50 feet to the inch or other scale preapproved by the Township Engineer. If the final plan is drawn in two or more sections, a key map showing the location of the several sections shall be placed on each sheet. The final plan shall meet all requirements of a final major subdivision plan, as stated in Chapter
230, Subdivision and Land Development, and shall also include all plan information required for the tentative PRD plan. In addition, the final PRD plan shall include the following:
(a)
Source of title to the land of the development
as shown by the records in the Recorder of Deed's office.
(b)
Total acreage of development, land uses in each
area, total number of buildings and dwelling units, number of each
type of dwelling unit, average residential density in total and in
each section.
(c)
Building coverage lines accurately locating
all types of dwelling units and nonresidential buildings and structures,
giving dimensions of the buildings and structures, distances between
buildings and structures, distances to street right-of-way lines and
parking areas, with distances accurate to the nearest hundredth of
a foot.
(d)
Accurate dimensions of common open space areas
specifically indicating those areas to be preserved in their natural
state and those areas to be developed for active recreation. Where
common open space areas are to be developed, the exact location of
structures in common open space areas shall be illustrated.
(e)
Tentative architectural sketches of the front
facades of all proposed types of buildings. If variations are proposed
of a single style, a typical design may be presented. Such sketches
shall not be the basis of a denial of a PRD.
(3)
In the case of a PRD proposed to be developed in phases, a final plan may be submitted for the section for which final approval is being sought. See requirements for phasing in §
275-210.
(4)
The final plan shall be accompanied by the following
materials:
(a)
Final drawings for the installation of all improvements based on §§
275-207 through
275-209 of this chapter and the provisions of Chapter
230, Subdivision and Land Development.
(b)
All covenants running with the land governing
the reservation and maintenance of dedicated or undedicated open space
land. These matters shall be subject to legal review and acceptance
by the Township Solicitor.
(c)
Restrictions of all types which will run with
the land and become covenants in the deeds of lots shown on the final
plan.
(d)
Such certificate of approval by authorities
as have been required in this chapter, including certificates approving
the water supply system and the sanitary sewer system.
(5)
A PRD shall meet all of the same financial security requirements as any other subdivision, as provided in Chapter
230, Subdivision and Land Development.
I. Procedure after application for final approval. Section
711 of the Pennsylvania Municipalities Planning Code, as amended, or its successor section is hereby included by reference.