Township of Daugherty, PA Article VI Planned Residential Development

§ 175-37 Purpose.

The purpose of a planned residential development is to encourage innovations in the type, design and layout of residential uses or a combination of residential uses and nonresidential uses; promote more efficient use of sites and conservation of open space; permit authorized mixed uses within planned residential developments; and provide greater flexibility in the application of site development and use regulations; and to otherwise promote the community development objectives.

§ 175-38 General regulations; procedure.

A. Authority. Board of Supervisors shall hear and decide requests for planned residential developments in accordance with the provisions of this chapter and the procedures and regulations of this article.

B. Relationship to Township Subdivision and Land Development Ordinance. All provisions of the Subdivision and Land Development Ordinance which are not specifically modified by the Board of Supervisors in approving a planned residential development shall apply to any planned residential development involving subdivision or land development, with the exception of the following:

(1) Application procedures.

(2) Review and approval process.

C. Application procedure. An application for development of a planned residential development is governed by and follows the procedure of Article VII of the Municipalities Planning Code. The developer shall submit all applications except written requests for preapplication conferences with the Planning Commission to the Township Zoning Official or designated staff person at least 10 working days prior to the Planning Commission meeting.

D. Preapplication conference.

(1) Purpose. Before submission of an application for tentative approval, the developer is strongly encouraged to have a meeting with the Planning Commission, the Zoning Official and such other personnel as may be necessary to determine the feasibility, suitability and timing of the application. The intent of this step is for the developer to obtain information and guidance from Township personnel before entering into any commitments or incurring substantial expenses with regard to the site and the planned residential development site plan preparation.

(2) Scheduling. The request for a preapplication conference with the Planning Commission and preapplication conference submission shall be received and accepted by the Zoning Official or designated staff person at least seven days prior to the date of the Planning Commission meeting.

(3) Relationship to formal review process. The submission of a preapplication conference submission shall not be deemed the beginning of the time period for review as prescribed by law. The preapplication conferences are intended to be advisory only and shall not bind the Township to approve the application for tentative or final approvals.

(4) Preapplication conference submission guidelines. The written request for a preapplication conference with the Planning Commission shall include the following:

(a) Seven copies of a letter identifying the site, the name of the property owner and the nature of the proposed project.

(b) Preapplication conference fee.

(c) Seven copies of a sketch plan, recommended but optional, being an approximate drawing but generally drawn to a scale of 100 feet to the inch, having a sheet size of 24 inches by 36 inches, and including the following:

[1] The location, size and topography (USGS) of the site and the nature of the applicant's interest in the land proposed to be developed, including the approximate tract boundary, North point and identification of adjacent streets.

[2] The intensity of land use to be allocated to various parts of the site as well as the number of dwelling units contemplated.

[3] The general layout of the proposed development and interrelationship of uses, including but not limited to common open space, buildings and other structures, residential building types, off-street parking, lot and street configuration.

[4] A written statement of a qualified professional concerning the feasibility of proposals for sewerage, water supply and stormwater management, but not to include drawings.

[5] In the case of development plans which call for execution over a period of years, a statement regarding the proposed phasing schedule should be issued.

[6] Any other information available to the applicant which may be of benefit to the Township in providing its assistance.

E. Tentative approval.

(1) Application content. An application for tentative approval of a planned residential development shall include the following:

(a) Seven copies of the application form, provided by the Township and completed by the developer.

(b) Application fee for tentative approval of a planned residential development.

(c) Maps and information which shall show compliance with Subdivision (4) of § 707 of the Municipalities Planning Code

Editor's Note: See 53 P.S. § 10707.

and shall provide information to determine the location and size of the common areas and common open space and the form of organization proposed to own and maintain the common areas for any planned residential development.

(d) Seven copies of an environmental impact assessment documenting compliance with Subdivisions (4) and (5) of § 707 of the Municipalities Planning Code. Such assessment shall indicate reasons why the planned residential development is consistent with the community development objectives and is in the interest of the Township. Requested modifications to the Zoning Ordinance otherwise applicable to the site shall be cited.

(2) Planning Commission review and comment. At the first regular meeting of the Planning Commission after the submission of the application, the Planning Commission shall hold an open meeting where the populace shall be heard on the application for tentative approval and, within 30 days of the filing of the application for tentative approval, the Planning Commission shall make a written recommendation to the Board of Supervisors on any application for tentative approval of a planned residential development. In said recommendation, the Planning Commission shall set forth, with particularity, the explicit reasons for its recommendation that the proposal be either approved or denied.

(3) Beaver County Planning Commission review and comment. At least 30 days before the public hearing, the applicant shall submit the application for tentative approval of a planned residential development to the Beaver County Planning Commission for review and comment as required by the Pennsylvania Municipalities Planning Code.

(4) Public hearing. The Board of Supervisors shall hold a public hearing on the application for tentative approval in accordance with § 708 of the Municipalities Planning Code.

Editor's Note: See 53 P.S. § 10708.

The Board of Supervisors shall cause notice of the public hearing to be given as follows:

(a) By giving public notice as defined in Article II;

(b) By mailing a notice to the developer, to the Zoning Official and to any person who has made timely request for the same; and

(c) By posting one notice in the vicinity of each front lot line of the site for which the planned residential development is proposed in a place conspicuously visible from the street. In addition, notices shall be posted at the Township Building. All posting shall be done at least 15 days prior to the public hearing.

(5) Modifications. The Board of Supervisors shall consider whether proposed modifications in any of the requirements of this chapter for each zoning district, except the provisions of this section, contained in an application for development of a planned residential development will make for a more efficient, attractive and harmonious planned development. If such modifications, in the judgment of the Board of Supervisors, constitute a more beneficial use of the site than provided for under the requirements of the zoning district in which the site of the planned development is located, the Board of Supervisors, in its sole discretion, may grant the modifications.

(a) Authorized uses shall be limited to those specified for the given zoning district in which the site is located.

(b) Site density for the planned residential development shall not exceed that site density permitted in the zoning district in which the planned residential development is located.

(c) All common open space shall be reserved as permanent open space.

(d) Provisions for all planned residential developments shall be in accordance with the laws of the Commonwealth of Pennsylvania for planned residential developments.

(e) No modification shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the one-hundred-year-flood elevation.

(f) Under no circumstances shall a modification be granted to the prohibitions of uses or activities which may endanger human life in floodplain areas.

(g) Whenever a modification is granted to construct a structure below the one-hundred-year-flood elevation, the Township shall notify the developer in writing, that:

[1] The granting of the modification will result in increased premium rates for flood insurance.

[2] Such modification increases the risk to life and property.

(6) Findings. The Board of Supervisors shall make findings in accordance with § 709 of the Municipalities Planning Code.

Editor's Note: See 53 P.S. § 10710.

(7) Official written communication. The official written communication of findings shall be certified by the Township Secretary or clerk of the Board of Supervisors, and a certified copy shall be mailed to the landowner and developer.

(8) Status of plan after tentative approval. The status of a plan after tentative approval shall be in accordance with § 710 of the Municipalities Planning Code.

Editor's Note: See 53 P.S. § 10710.

F. Final approval.

(1) Submission of application. The application for final approval of a planned residential development shall be submitted within six months after tentative approval, unless the Board of Supervisors grants an extension upon written request of the developer to a date not to exceed 18 months from the date of tentative approval. Phased planned residential developments, however, shall have applications for final approval made pursuant to the phase schedule set forth in the official written communication of the findings of the Board of Supervisors with respect to tentative approval.

(2) Application content. An application for final approval of a planned residential development shall include the following:

(a) Seven copies of the application form provided by the Township and completed by the developer.

(b) Application fee and review fees for final approval of a planned residential development.

(c) Maps and information with the same number of copies as required by the Township Subdivision and Land Development Ordinance.

(d) Seven copies of the final drawings, including floor plans and elevations (but not including working drawings for buildings) for all structures and buildings, other than single-family detached dwellings, prepared by a registered architect, including all proposed signs, all exterior illumination and all outside storage areas.

(e) The final plat for the planned residential development shall contain, in addition to those items approved in the application for tentative approval and the items in the Township Subdivision and Land Development Ordinance, the following information and, if applicable, proposed uses, common open space and common areas, if applicable, common elements as defined in the Uniform Condominium Act of the Commonwealth of Pennsylvania.

(f) Seven copies of a development schedule, showing:

[1] The order of construction of the proposed sections delineated in the final development plan.

[2] The proposed date for the beginning of construction on said sections.

[3] The proposed date for the completion of construction on said sections.

[4] The proposed schedule for the construction and improvement of the common areas.

(g) Two copies of deed restriction proposals to preserve the character of the common areas.

[1] If the developer elects the association or nonprofit corporation method of administering common areas, the proposed bylaws of the association or the certificate of incorporation and the incorporated bylaws of the nonprofit corporation.

[2] If the developer elects the condominium method of ownership of common areas, the proposed declaration of condominium bylaws and related documents.

(h) Instruments dedicating all public and private rights-of-way, easements and other public lots shown on the final development plan from all persons having any interest in said lots.

(i) Improvement security. The developer shall guarantee the installation of the private and public improvements specified in the final development plan by providing a financial security in the amount of 110% of the estimated cost of construction of the private and public improvements, as determined in accordance with § 509 of the Municipalities Planning Code.

Editor's Note: See 53 P.S. § 10509.

(j) Two copies of a title insurance policy or an attorney's certificate of title showing the status of the title to the site encompassed by the final development plan and all liens, encumbrances and defects, if any, in a form acceptable to the Township Solicitor.

(k) Two copies of tax receipts. Paid receipts from the taxing bodies indicating taxes have been paid in full up to and including the current period.

(l) Two copies of evidence that a commitment from a responsible financial institution or entity has been issued to the developer for construction financing.

(3) Planning Commission review and recommendation. The Planning Commission shall, at its next regular meeting after the filing of the application for final approval, examine the application and determine if the application meets the criteria and includes the items required by Subsection F(2) above and if the application for final approval complies with the conditions of tentative approval, if any. The Planning Commission shall forward its written report to the Board of Supervisors within 20 days of the filing of the application for final approval, setting forth its findings and recommendations.

(4) Action on application for final approval. Action on the application for final approval shall be in accordance with § 711 of the Municipalities Planning Code.

Editor's Note: See 53 P.S. § 10711.

(5) Recording of final development plan. Recording of the final development plan shall be in accordance with § 711(d) of the Municipalities Planning Code.

(6) Time for recording. Within 90 days after the date of the approval of the final plan, the developer shall record or cause to be recorded the original copy of the final plan in the office of the Recorder of Deeds of the county and file with the Township a recorder's certificate that the final plan has been recorded, with the plan book and page number indicated. Final approval shall not become final and effective until such certificate has been filed. Upon written request by the developer, the Board of Supervisors may grant an extension of time for recording, which extension shall be reflected on the final plan.

(7) Zoning permit. No zoning permit shall be issued until the final development plan has been approved and recorded. Upon proof of recording and certification of final approval by the Board of Supervisors, a zoning permit shall be issued by the Zoning Official.

G. Procedure for approval of amendments to planned residential developments after final approval and/or recording. Any amendment to a planned residential development submitted after final approval for recording which does not violate any of the conditions or requirements of the tentative approval or of the zoning district classification may be approved at an open meeting of the Board of Supervisors after recommendation by the Planning Commission. Amendments involving substantive changes or modifications to conditions shall require a public hearing in the same manner as for an application for tentative approval of a planned residential development. Upon approval of the amendment, the recorded final development plan shall be amended and rerecorded to conform to the amendment.

H. Completion and acceptance of public improvements.

(1) Upon completion of the public improvements in a final development plan, the developer shall notify the Township, in writing, by certified or registered mail, of the completion of the required improvements and shall send a copy thereof to the Township Engineer. The Township Manager or designated representative shall, within 10 days after receipt of such notice, direct and authorize the Township Engineer to inspect all of the required improvements. The Township Engineer shall thereupon file a report in writing with the Township Manager and shall promptly mail a copy of the same to the developer by certified or registered mail. The report shall be made and mailed within 30 days after receipt by the Township Engineer of the aforesaid authorization from the Township Manger. Said report shall be detailed and shall indicate approval or rejection of the required improvements, either in whole or in part. If the Township Engineer rejects any of the required improvements, said report shall contain a statement of reasons for such nonapproval or rejection.

(2) Township's notification to developer. The Township Manager shall notify the developer, within 15 days of receipt of the Township Engineer's report, in writing, by certified or registered mail, of the action of the Township with relation thereto.

(3) Failure of the Township to comply. If the Township Manager or the Township Engineer fails to comply with the time limitation provisions contained herein, all required improvements will be deemed to have been approved, and the developer shall be released from all liability pursuant to its performance security.

(4) Completion of rejected required improvements. If any portion of the required improvements shall not be approved or shall be rejected by the Township, the developer shall proceed to complete the same and, upon completion, the same procedure of notification as outlined herein shall be followed.

(5) No limitation of developer's rights. Nothing herein, however, shall be construed to be a limitation of the developer's right to contest or question, by legal proceedings or otherwise, any determination of the Township Manager or the Township Engineer.

(6) Developer shall reimburse the Township for the reasonable and necessary expense incurred for the inspection of the required improvements. Such reimbursement shall be based upon the schedule set forth in an ordinance adopted by Board of Supervisors. Inspection expenses are subject to appeal in accordance with § 510(g) of the Municipalities Planning Code.

Editor's Note: See 53 P.S. § 10510(g).

(7) Partial release of performance security. As the work of installing the required improvements proceeds, the developer may request the Township to release or authorize the release of such portions of the performance security fairly representing the amount of the work completed. The same procedure shall be followed for a partial release of performance security as for a final release of performance security except that correspondence may be by regular mail and the Township must act upon the request within 20 Township working days of the receipt of the request. The Township may, prior to final release at the time of completion and certification by the Township Engineer, require retention of 10% of the estimated cost of the required improvements.

(8) When required improvements are public improvements, the Township may require retention of 15% of the estimated cost of the public improvements until the required maintenance security is presented to the Township.

I. Acceptance of public improvements. Upon completion of the inspection and approval of the public improvements, the developer shall request the Township, in writing, to accept the dedication of the public improvements. If the public improvements request is received by the Township more than 10 days before the next regular meeting of the Board of Supervisors, and upon posting of a maintenance security for a term not to exceed 18 months from the date of acceptance of dedication, the Board of Supervisors shall enact an ordinance accepting the public improvements as part of the Township's public facilities. The amount of the maintenance security aforesaid shall be 15% of the actual cost of the installation of such public improvements.

J. Remedies to effect completion.

(1) In the event that improvements which may be required have not been installed in accordance with the approved final plan by the completion dated established at the time of such approval or, if no such completion date has been established, within 24 months of the final plan approval, the Township Manager shall take the remedies provided under the Municipalities Planning Code to effect completion of the required improvements.

(2) If proceeds of the performance security are insufficient to pay the cost of installing or making repairs or corrections to all the required improvements covered by the security, the Township may, at its option, install part of the improvements in all or part of the planned residential development and may institute appropriate legal or equitable action to recover the moneys necessary to complete the remainder of the improvements. All of the proceeds, whether resulting from the performance security or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the improvements covered by the performance security and not for any other municipal purpose.

§ 175-39 Standards and conditions.

A. Uses permitted. Uses permitted in planned residential developments are limited to those specified for the given zoning district in Article III.

B. Applicability of other provisions. Unless otherwise specifically stated or specifically modified by the Board of Supervisors, all provisions of this chapter apply to all planned residential developments. The provisions of this section apply to all planned residential developments unless otherwise stated.

C. Maximum density per zoning district. The following maximum density factors shall be used to calculate the maximum dwelling units in planned residential developments which shall be permitted, at the discretion of the Board of Supervisors, subject to the provisions of this section:

(1) R-1 District. Maximum net site density: three dwelling units per acre.

(2) R-2 District. Maximum net site density: six dwelling units per acre.

(3) R-3 District. Maximum site density: 10 dwelling units per acre.

D. Maximum dwelling units per site. The maximum number of dwelling units per site of a planned residential development shall be calculated as follows:

	Calculation of Maximum Dwelling Units per Site
	Line #	Formula	Line #	Solution
	1	Gross property area determined by survey	1	Acre
	2	Area in existing streets and rights-of-way	2	Acre
	3	Site area (subtract line 2 from line 1)	3	Acre
	4	Maximum permitted site density in the zoning district	4	DU/acre
	5	Maximum dwelling units (multiply line 3 by line 4)	5	DU
	6	Common open space	6	Acre
	7	Environmentally sensitive areas not in common open space	7	Acre
	8	Other areas designated for nonresidential use and existing and proposed street and utilities, including stormwater retention areas	8	Acre
	9	Net site area (subtract lines 6, 7, and 8 from line 3)	9	Acre
	10	Maximum permitted net site density in the zoning district	10	DU/acre
	11	Maximum dwelling units (multiply line 9 by line 11)	11	DU
	12	Maximum dwelling units (take the lesser of line 5 or line 11)	12	DU

(1) Net site density modifications. Net site density permitted by the Board of Supervisors may be varied upon consideration of the following factors:

(a) The amount, location, and proposed use of common open space, including, but not limited to, the amount of land devoted to active recreation facilities and the quality of the recreation facilities or fees contributed to the Township in lieu of dedication by agreement with the developer.

(b) The location and physical characteristics of the site of the planned residential development; factors such as the amount of land limited by environmentally sensitive areas shall be considered.

(2) Notwithstanding the above, the net site density in the R-2 District shall not exceed eight per acre, and no modifications shall be granted to increase the net site density in the R-1 District.

(3) Notwithstanding the above, the net site density in the R-3 District shall not exceed 12 per acre.

(4) Variations in density may be granted for different phases of a planned residential development.

(5) Density increases will be roughly proportional to the factors listed above in this section and, in addition, the overall design quality of the planned residential development, the quality and amount of open space or fees paid by agreement of the developer in lieu thereof, the size of individual lots and the facts considered by the Municipalities Planning Code, this chapter, and the Comprehensive Plan.

E. Townhouse units per residential building. No more than six dwelling units shall be attached in a row, provided that no more than 67% of said units shall have the same front setback.

F. Limited neighborhood commercial use regulations.

(1) Minimum planned residential development site area. No limited neighborhood commercial uses shall be permitted in a planned residential development with a net site area less than 50 acres in size.

(2) Location. Limited neighborhood commercial uses shall be grouped together adjacent to an arterial or collector street located within the planned residential development and be provided with shared off-street parking, signage and landscaping in accordance with provisions provided herein.

(3) Maximum percent of site area. Maximum percentages of planned residential development site area for limited neighborhood commercial uses permitted within a planned residential development are as follows:

(a) R-2 and R-3 Districts: 10%.

(4) Maximum gross floor area.

(a) For a single limited neighborhood commercial use: 4,000 square feet of gross floor area.

(b) For a single building: 16,000 square feet of gross floor area.

(5) Maximum impervious surface.

(a) On any portion of the planned residential development dedicated to limited neighborhood commercial uses, no combination of structures and impervious surfaces, including asphalt or concrete paved areas for parking, access, driveways, pedestrian access walkways and rock-lined stormwater detention facilities, shall exceed 50% of the site area dedicated to limited neighborhood commercial uses.

G. Minimum site perimeter yard: 50 feet.

H. Common open space. Common open space shall be provided for and shall be designed to provide recreation open space. For planned residential developments, the following additional provisions shall apply:

(1) Elements. Common open space shall include the following:

(a) Usable common open space. Usable common open space shall be designed to provide recreation open space.

(b) Passive common open space. Not less than 25% of the site area of the planned residential development shall be allocated to and shall remain passive common open space in perpetuity. Common open space shall be deed restricted or placed within a trust or conservancy to prohibit future subdivision or development, except for passive recreational, equestrian and existing cemetery uses, which may be permitted with the approval of the Board of Supervisors. Common open space shall be used for social, passive recreational and/or natural environment preservation purposes. The common open space shall typically include all or part of the following resources:

[1] Mature woodlands.

[2] Historic, archaeological or cultural features listed or eligible to be listed on the National Register of Historic Places.

[3] Wetlands.

[4] Identified floodplain area.

[5] Slopes exceeding 25%.

(2) General location and design standards.

(a) Planned residential developments shall be designed around the common open space with areas being placed in undivided preserve. Such areas shall be directly accessible to the largest practicable number of lots within the development. Safe and convenient pedestrian access to the open space shall be provided for all lots not adjoining the open space areas.

(b) A perimeter buffer yard of a minimum of 50 feet in width shall be provided.

(c) Common open space, particularly perimeter buffer yards, containing existing attractive or unique natural features, such as streams, creeks, ponds, woodlands, specimen trees and other areas of mature vegetation worthy of preservation may be left unimproved and in a natural state. As a general principle, the preservation of undeveloped open space in its natural state is encouraged. A developer may make certain improvements, such as the cutting of trails for walking or jogging and the provision of picnic areas.

(d) No roads, emergency access roads, driveways or existing utility rights-of-way, easements or improvements shall be within the acreage designated for the minimum common open space as required above, except as required as part of the approved common open space.

(e) The common open space shall generally abut existing or potential open space land on adjacent parcels and shall be designed as part of larger contiguous and integrated greenway systems.