The municipality of the Planning Area establishes planned residential development in forms authorized by district for the following purposes:
A. 
To provide an adequate array of housing opportunities and choices for existing and future residents of the Planning Area; and
B. 
To encourage the preservation of wooded hillsides and open space throughout the Planning Area; and
C. 
To facilitate connected open space throughout the Planning Area in a manner consistent with the Comprehensive Plan; and
D. 
To encourage the development of unique nodes of residential and mixed-use development that are properly integrated into adjacent transportation networks and uses with properly buffering and separation from traditional neighborhoods and mixed-use development; and
E. 
To provide for development and redevelopment in sustainable forms and proportions; and
F. 
To further the general and municipal community development objectives upon which this Zoning Ordinance is based.
A. 
Common open space. Forty percent of the site shall be dedicated as common open space adhering to the following standards.
(1) 
Said open space shall be distributed in a manner that provides adequate buffering from adjacent neighborhoods of differing housing type and design, in a manner in which adjacent neighborhoods of varied or contrasting character are bordered by open space. Topography, landscaping, and types of adjacent uses shall determine said adequacy.
(2) 
Five percent of the open space required shall be distributed in central areas of the plan, directly visible from and faced by housing constructed therein. Such open space shall bear at least 50 feet of frontage on streets within the planned residential development. The grading of said open space shall not exceed 8%.
(3) 
The common open space shall be distributed in such a manner so as to preserve, by private covenant in favor of the respective municipality in which it is located and by the PRD itself, wooded hillsides and other valuable natural features within the plan, including jurisdictional wetlands and floodplains.
(4) 
Each phase of the PRD shall bear at least a proportional amount of open space or may include the dedication of all open space required per the tentative approval.
B. 
Uses authorized. The following uses are authorized in the residential community PRD.
(1) 
Single-family.
(2) 
Duplex.
(3) 
Townhouse.
(4) 
Elderly residential facilities.
(5) 
Neighborhood public and semipublic uses.
C. 
The amount of dwelling units permitted per acre shall be calculated as follows:
(1) 
Forty-three thousand five hundred sixty square feet divided by the minimum lot size in square feet of the respective underlying zoning district shall equal the base density or units per acre.
(2) 
The following table shall serve to outline the number of units by type permitted per acre for the gross acreage included in the PRD. Each acre against which dwelling unit types are calculated shall not be included in the calculation of other types permitted. Therefore, the multipliers listed times the base density equal the number of units permitted per the proportional acreage of land applied to that dwelling unit type.
Use or Dwelling Unit Type
Multiplier
Single-family
1.2
Duplex
2.4
Townhouse
2.5
Elderly residential facility (number of residents)
7
(3) 
One establishment of neighborhood public and semipublic use shall be permitted per 25 dwelling units or for every 60 residents licensed by the Pennsylvania Department of Public Welfare for elderly residential facilities.
D. 
Lot standards.
(1) 
All lots shall bear safe and legal access to a street or access drives.
(2) 
Maximum building height of any structure is 45 feet or three stories, whichever is less.
(3) 
Yard setbacks or front yard build-to lines shall be proposed by the developer, wherein approved lines shall not impede the administration of emergency services.
(4) 
Types of units authorized are listed in the table below. The table establishes the distances, in linear feet, that each such structure or group of units or structures must be set back from another, by type. General lot design of fee simple building lots shall be capable of accommodating specific use types for which each is designated, allowing a building footprint permitting the following setback distances from neighboring structures, as designated.
Use
Single-family
Duplex
Townhouses
Elderly Residential Facility
Neighborhood Public or Semipublic
Single-family
20
25
50
100
50
Duplex
25
30
30
75
40
Townhouses
50
30
30
75
40
Elderly residential facility
100
75
75
150
40
Neighborhood public or semipublic
50
40
40
40
200
(5) 
Considering elderly residential facilities as one unit by establishment, all types of units shall be capable of separate fee simple conveyance through placement on fee simple lots or property interest created as condominiums. Generally lots proposed to bear single-family residences shall be at least 40 feet in width at the proposed and accepted building line.
E. 
Landscaping. At a minimum, townhouse units shall be landscaped around the front of the units which face the street or access drive bearing one high-level planting per unit or two ornamental trees per unit; and four low-level plantings per unit. Elderly residential facilities shall provide 30% of the lot on which they are constructed as landscaped area bearing grass, groundcover, or decorative stone or mulch. Said area shall include one high-level or two ornamental trees for every 1,500 square feet of landscaped area and one low-level planting for every 300 square feet of said landscaped area.
F. 
Elderly residential and neighborhood public or semipublic establishments shall be housed within structures adhering to the standards of § 300-905.
G. 
Applicability of Zoning Ordinance provisions, subdivision and land development ordinance, and related ordinances. Unless expressly modified by the standards of this section, all other requirements of this chapter, the local subdivision and land development ordinance, and local street, grading, and other land development standards shall apply to developments proposed under this section. Such ordinance standards may be modified only when the developer demonstrates that literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of this chapter is observed; or that a modification meets or exceeds standards meeting the purpose or intent of the ordinance in question. The above shall not withstand all standard post approval requirements instituted by the local subdivision and land development ordinance, namely the required posting of financial security for streets, public improvements, and certain private amenities.
A. 
The land area of residential components that include the uses authorized in the residential community PRD standards shall be so designated on the plan and subject to and limited to the standards authorized in the residential community PRD, including open space requirements.
B. 
The commercial component shall be designated on the plan and subject to the specific standards of this section, the provisions of § 300-603 not withstanding for the residential components.
C. 
The maximum building height shall be 65 feet.
D. 
All uses expressly authorized as permitted or conditional in the underlying zoning district shall be authorized as such in the underlying district. Additionally, mixed-use buildings are authorized.
E. 
Principal structures shall provide a front yard setback of at least 50 feet.
F. 
Unless connected by party walls, structures shall provide for side and rear yard setbacks of at least 50 feet with one additional foot of setback for each foot in height above two stories. Where multiple principal structures exist on one lot, this setback shall be enforced between principal structures as well.
G. 
Thirty percent of the land area in the commercial portion shall be dedicated as common open space. Five percent of the open space required shall be provided in a central area faced by more than one principal structure and fronting a street. Said space shall be 5% or less in grade and shall provide for pedestrian usage.
H. 
Principal commercial structures shall be set back at least 50 feet from residentially designated sections of the development.
I. 
Landscaping shall be provided around the perimeter of all parking lots at a rate of one high-level planting for each 50 linear feet of perimeter, including access drives. Additionally, landscaping shall be disbursed around visible portions of the principal structure at a rate of one high-level planting or one ornamental tree and four low-level plantings for each 25 linear feet of the structure's perimeter.
J. 
The residential component of the development, those uses solely authorized in the residential community PRD, shall comprise at least 20% of the square footage of all uses within the PRD and no more than 60% of the total square footage.
K. 
The proportion of retail, office, and manufacturing/warehouse shall be submitted as proposed and shall be authorized given the proportion of uses reasonably related to the similar proportion in the Planning Area at large, determined by the most recent Economic Census and subsequent permit data. Employment within or regular utilization of ancillary establishment intended primarily for use by residents of the PRD shall also serve as a finding of fact or justification for approved use proportions.
L. 
All final phases approved shall contain the proportions of commercial development type commensurate with that approved in the overall or tentative approval. Same shall also include at least 20% of the land area as residential or may develop all residential in the first final phase constructed. In lieu of such provisions, a developer may submit covenants in favor of the municipality, in a form acceptable to the municipality, which restrict future development to those uses shown on the tentative plan.
M. 
Applicability of Zoning Ordinance provisions, subdivision and land development ordinance, and related ordinances. Unless expressly modified by the standards of this section, all other requirements of this chapter, the local subdivision and land development ordinance[1], and local street, grading, and other land development standards shall apply to developments proposed under this section. Such ordinance standards may be modified only when the developer demonstrates that literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of the ordinance is observed; or that a modification meets or exceeds standards meeting the purpose or intent of the ordinance in question. The above shall not withstand all standard post approval requirements instituted by the local subdivision and land development ordinance, namely the required posting of financial security for streets, public improvements, and certain private amenities.
[1]
Editor's Note: See Ch. 265, Subdivision and Land Development.
A developer may request an advisory conference with the Planning Commission prior to application submission. The developer shall make such request from the Zoning Officer on forms provided by the municipality at least 10 days prior to the regular meeting of the Commission. Said conference and review shall not constitute acceptance of an application, whether tentative or final.
At least 30 calendar days prior to the regular meeting of the Planning Commission, 15 copies of an application for tentative approval shall be submitted. The application shall be in sufficient detail for the Planning Commission to determine compliance with the standards of this article and shall contain, at a minimum, the following information:
A. 
A legal description of the total tract proposed for development, including a statement of present and proposed ownership.
B. 
A written statement demonstrating conformance with the Comprehensive Plan and community development objectives of this chapter.
C. 
A written statement detailing the general character of the development in relation to surrounding uses and the proportion of use types contained therein. Each use type shall be listed by unit and square footage. Types shall include those separately authorized as residential or ancillary commercial in the residential community PRD and as retail, office, or manufacturing/warehouse in the mixed-use community PRD.
D. 
A written statement of the requested modifications to other ordinance provisions otherwise applicable.
E. 
A location map which clearly shows the location and area of the site proposed for development with relation to all lands, buildings and structures within 200 feet of its boundaries, the location and distance to existing streets and highways and the names of landowners of adjacent properties.
F. 
A development plan prepared at a scale no smaller than one inch equals 50 feet showing the following information:
(1) 
Existing contours at intervals of five feet; watercourses; floodplains; wetlands; woodlands; soils; steep slopes, delineating and labeling 25% through 40% slopes and greater than 40% slopes; and other natural features.
(2) 
Proposed lot lines and subdivision plat. The plat shall show approximate building footprints and anticipated square feet, identify the type of use anticipated, and proposed setbacks for both residential and commercial uses.
(3) 
Proposed phases of development.
(4) 
The location of all existing and proposed buildings, structures and other improvements, including maximum heights, types of dwelling units and dwelling unit density.
(5) 
The location and size in acres or square feet of all areas to be conveyed dedicated or reserved as common open space.
(6) 
The existing and proposed vehicular circulation system of local and collector streets, including off-street parking areas, service areas, loading areas and major points of access from the planned residential development to public rights-of-way.
(7) 
The existing and proposed pedestrian circulation system, including its interrelationship with the vehicular circulation system and open space.
(8) 
The existing and proposed utility systems, including sanitary sewers, storm sewers and water, electric, gas and telephone lines.
(9) 
Subsurface conditions, including mining and overburden.
(10) 
A preliminary landscaping plan indicating the treatment and materials proposed to be used in common areas, buffer areas, parking, townhouses, and commercial buildings.
(11) 
Location of trails for public use and easements or rights-of-way dedicating those trails for public use.
G. 
A preliminary traffic report which details impact on on-site intersections and off-site intersections substantially impacted by the PRD.
H. 
Application forms prepared by the municipality requiring information sufficient to review the application, provide findings of fact, and determine conformance to the provisions of this section.
I. 
Review and application fees required by municipal ordinance or resolution.
J. 
Preliminary elevations and architectural renderings of typical structures.
K. 
Preliminary reports demonstrating the general basis or nexus of general site design to grading, erosion, stormwater, and street construction ordinance standards.
L. 
In the case of development plans that call for development over a period of years, a schedule for phasing the development shall be provided. This phasing schedule shall be reviewed annually with the Planning Commission on the anniversary of tentative approval or as each phase is completed, whichever occurs first.
A. 
The Zoning Officer shall review an application for tentative approval within one week of delivery and shall notify the applicant of any deficiencies of certify the applicant as complete. Submissions of deficient items shall be reviewed in the same manner. The Zoning Officer shall, when all application materials are submitted, certify the application as complete. The date on which completion is certified shall constitute the official filing date.
B. 
The Planning Commission shall review the application at the next regular meeting scheduled 21 days or later from the official filing date.
C. 
The governing body shall hold a public hearing on the matter pursuant to public notice within 60 days of the official filing date. The governing body may hold subsequent hearings provided that all hearings are concluded within 60 days of the initial hearing.
D. 
Decision. Within 60 days following the conclusion of the public hearings or 180 days from the official filing date, whichever is less, the governing body shall, by official written communication, either grant tentative approval of the development plan, as submitted; grant tentative approval of the development plan, subject to specified conditions not included in the development plan as submitted; or deny tentative approval. Failure to 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 governing body, notify the governing body of his refusal to accept all said conditions, in which case the governing body shall be deemed to have denied tentative approval of the development plan. In the event that the landowner does not, within said period, notify the governing body of his refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted. The decision will be filed with the secretary of the governing body and the applicant. The decision shall include an approved schedule of final plan application filing which shall not be less than three months from the tentative approval date.
E. 
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 nor otherwise impaired by action of the municipality pending an application or applications for final approval, without the consent of the landowner, provided an application or applications 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.
F. 
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 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 municipal secretary or clerk of the municipality.
Tentative approval shall be approved, denied, or approved with conditions based on the following findings of fact.
A. 
In those respects in which the development plan is or is not consistent with the comprehensive plan for the development of the municipality;
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;
F. 
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; and
G. 
The mixture of uses and housing choices and commercial establishments and their ability or inability to meet current and anticipated needs of present and future residents and patrons.
H. 
Adherence to all specific performance standards and requirements of this article or lack thereof.
Final applications shall include the following.
A. 
All final reports demonstrating compliance with local erosion and sedimentation, grading, and stormwater ordinances in forms required by the Municipal Engineer and the respective ordinances.
B. 
A plan showing existing and proposed contours at intervals of five feet; watercourses; floodplains; wetlands; woodlands; soils; steep slopes, delineating and labeling 25% through 40% slopes and greater than 40% slopes; and other natural features.
C. 
A plat, in conformance with that required by the local subdivision ordinance[1] showing or denoting all approved setbacks.
[1]
Editor's Note: See Ch. 265, Subdivision and Land Development.
D. 
Plans showing the platted lines along with building footprints and number of stories and gross square footage related thereto. Said plans shall show all easements and designations of residential and commercial areas. Single-family homes may show a building envelope or area with a typical square footage or building footprint anticipated.
E. 
All covenants required to demonstrate initial and ongoing compliance with the provisions of this article. Such covenants shall include but not be limited to the preservation of woodlands, usage of open space, preservation of natural features, maintenance of buffer areas, signage and lighting, etc.
F. 
Documents establishing a home- or landowners' association and detailing the maintenance of common open space. Said documents may include condominium declaration statements and related covenants.
G. 
A general plan of signage and lighting, including styles, materials, and colors utilized.
H. 
Street cross-sections and construction drawings demonstrating compliance with municipal standards or approved modifications.
I. 
Further reports including geotechnical reports where required to demonstrate safe and stable construction of principal dwellings, streets, access drives, and parking.
J. 
A narrative detailing any modifications from tentative approval.
K. 
A finalized phase specific traffic study indicating level of service for all intersections.
L. 
Deeds dedicating public land, where required through tentative approval.
M. 
Estimates for public improvements and amenities for which bonds are required by the local subdivision ordinance.
N. 
Final landscaping and parking plans including tables demonstrating compliance with the provisions of this article in terms of number and percentage provided.
A. 
The Zoning Officer shall review an application for final approval within one week of delivery and shall notify the applicant of any deficiencies of certify the applicant as complete. Submissions of deficient items shall be reviewed in the same manner. The Zoning Officer shall, when all application materials are submitted, certify the application as complete. The date on which completion is certified shall constitute the official filing date.
B. 
Variation from original plan. In the event that the development plan submitted contains variations from the development plan granted tentative approval, the governing body may refuse to grant final approval and may, within 45 days of the official filing date of the application for final approval (provided, however, that should the next regular meeting occur more than 30 days following the official filing date, the forty-five-day period shall be measured from the 30th day following the day the application has been filed), advise the applicant, in writing, of said refusal, setting forth in said notice the reasons why one or more of the variations are not in the public interest. In the event of such refusal, the landowner may either refile the application for final approval without the variations objected; or file a written request with the local governing body that it hold a public hearing on the application for final approval. If the landowner wishes to take either 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. If the landowner fails 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 governing 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 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.
C. 
In the event the application for final approval has been officially filed, together with all drawings, specifications and other documents in support thereof, and as required by this article and the official written communication of tentative approval, the municipality shall, within 45 days from the date of the regular meeting of the local 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 official filing date.
D. 
The developer shall post financial security and shall execute a developer's agreement as required by the local subdivision ordinance prior to recording of the final plat. The plat shall be recorded within 90 days of final plan approval. The developer's agreement shall at a minimum, in addition to that required by the local subdivision ordinance, cite those provisions of the notice of tentative approval applicable to the respective phase, include a timeline for development proposed by the developer but not to exceed five years, reference construction inspections and responsibilities, reference the installation of landscaping and private amenities, and address the recordation of homeowners' association documents and covenants.
E. 
The developer shall be afforded the five-year timeline to commence and complete development as noted in Section 508 of the Municipalities Planning Code and otherwise applicable to subdivisions and land developments. Where the developer notifies the governing body that he has abandoned the plan or the aforesaid timeline cited in Section 508 expires, the plan shall be deemed abandoned and no further development or permits for such development shall take place. The governing body shall amend its ordinance to reclassify the property to a zoning district.
A. 
An applicant for permits which do not conform strictly to the approved plan may request a modification to the plan by providing all reports and plans required by final approval which are proposed to be modified. A statement concerning consistency with the comprehensive plan and community development objectives shall be submitted along with any required fees and forms provided by the municipality. Upon acceptance, the application shall be afforded the timelines and process provided for final PRD approval. The governing body, however, shall hold a public hearing pursuant to public notice prior to voting on the application.
B. 
Modification approval shall be provided in a manner that meets all requirements and standards of this article.
C. 
Findings regarding approval shall consider the following:
(1) 
No such modification, removal or release of the provisions of the development plan by the municipality shall affect the rights of the residents of the planned residential development to maintain and enforce those provisions, at law or equity, as provided in this section.
(2) 
No modification, removal or release of the provisions of the development plan by the municipality shall be permitted except upon a finding by the governing body or the planning agency, following a public hearing thereon pursuant to public notice called and held in accordance with the provisions of this article, that the same is consistent with the efficient development and preservation of the entire planned residential development, does not adversely affect either the enjoyment of land abutting upon or across the street from the planned residential development or the public interest, and is not granted solely to confer a special benefit upon any person.
(3) 
No part of the approval shall conflict with private covenants that run in favor of residents or property owners within the entire PRD.