[Added 10-12-1992 by Ord.
No. 144]
It is the intent of the Planned Residential Development District
to promote the following:
A.
To increase the availability of a variety and mixture of housing
types, services, and locations for employment.
B.
To encourage innovative design in residential and corresponding nonresidential
land development.
C.
To encourage a more efficient use of land and public services.
D.
To preserve existing topography, trees, and sensitive natural features.
E.
To preserve and protect landmarks, amenities, cultural, and historic
lands and buildings.
F.
To relate the type, design, and layout of development to the particular
site.
G.
To provide sufficient, usable, and convenient common open space and
recreation facilities.
H.
To combine and coordinate site landscaping and building styles within
the development using a coordinated theme.
I.
To provide an environment of stable character in harmony with surrounding
development and in accordance with the Comprehensive Plan.
A.
Design and improvements. The design and physical improvements to
the property being developed shall be provided by the developer as
shown on an approved plan in accordance with all applicable Township
regulations, state and federal law, unless specifically waived.
C.
Size. A proposed planned residential development must be more than
10 acres of total contiguous land area. Contiguous land is area that
is within a coterminous boundary.
D.
Ownership. All land contained in a proposed planned residential development
must be land under single ownership and be developed as a single entity
as provided with the master plan.
A.
All residential uses identified as follows:
(1)
Single-family detached dwellings.
(2)
Single-family semidetached dwellings.
(3)
Single-family attached dwellings.
(4)
Two-family detached dwellings.
(5)
Two-family attached dwellings.
(6)
Multifamily detached dwellings.
(7)
Multifamily semidetached dwellings.
(8)
Multifamily attached dwellings.
(9)
Group homes.
B.
Nonresidential uses as follows are permitted within the PRD and are
not to exceed 10% of the total gross tract area. Motor vehicle access
to the nonresidential uses shall not cause through traffic from outside
of development on local residential streets of the PRD. Arterial and/or
collector-type streets are acceptable forms of access to nonresidential
uses. The following are permitted to be integrated within the PRD:
(1)
Business, professional, and financial offices, banks, and automatic
teller machines.
(2)
Medical and dental offices and clinics.
(3)
All retail establishments for the sale, service, and rental
of goods, convenience stores. Prohibited uses include sales of aircraft
and accessories, beer distributors, boat and marine supplies, sales
of contractors and farm equipment, lumber yards, sales of mobile homes
and accessories (including automobile service stations and garages),
pawnshops, swimming pools, express and package delivery, structural
glass, and used clothing.
(4)
Restaurants, bars, and lounges, excluding motor vehicle drive-up
window establishments and food delivery operations.
(5)
Research, engineering, or testing offices and laboratories.
(6)
Health clubs and private athletic and recreational facilities.
(7)
Libraries, museums, art galleries, reading rooms.
(8)
Community centers, day-care centers for any age group, churches
and other places of worship.
[Amended 11-11-2002 by Ord. No. 225; 9-12-2005 by Ord. No. 255]
A.
In a planned residential development, there shall be no minimum area
requirements for individual lots or building sites, except as provided
herein.
B.
The maximum number of dwelling units is as follows:
|
Underlying Zoning District
|
Number of Dwelling Units Per Gross Acre of Tract
| |
|---|---|---|
|
R-1
|
3.5 per acre
| |
|
R-2
|
6 per acre
| |
|
R-3
|
10 per acre
| |
|
RO
|
10 per acre
|
C.
The Township may refuse to allow the maximum density permitted within
each zoning district or may refuse to allow certain permitted nonresidential
uses if the development would:
(1)
Create inconvenient or unsafe vehicle access to the planned
residential development.
(2)
Create traffic which exceeds the acceptable level of service
of public streets which adjoin the planned residential development.
(3)
Place an excessive burden on utilities, parks, schools, or other
public facilities which serve or are proposed to serve the planned
residential development.
(4)
Adversely affect existing uses on adjacent lands which are different
from the nearby uses in the planned residential development.
(5)
Permit commercial uses to spread along arterial streets in strip
commercial configuration which is not in accordance with the Comprehensive
Plan.
D.
Spacing. The Township may allow a reduction in lot size, lot width,
spacing and rear setback requirements previously required in the zoning
district to promote innovative design, provided that:
[Amended 1-28-2015 by Ord. No. 314]
(1)
Building areas shall be designed so as to require a certain
minimum separation, as defined more specifically below, between building
lots or areas. Such separation may be accomplished by creating setbacks
in individual lots, sufficiently separating building lot or unit boundaries
from one another, or any other acceptable method that guarantees these
minimum separation distances between building lots or areas.
(a)
Road and street separation. The development shall be laid out
so that no building lots or areas could be constructed within the
following distances from the following types of streets and rights-of-way:
|
Type of Building
|
Local and Collector
(feet)
|
Arterial
(feet)
| |
|---|---|---|---|
|
Single-family dwellings
|
20
|
100
| |
|
Two-multi-dwellings
|
30
|
100
| |
|
Nonresidential
|
50
|
100
|
(b)
Side separation. The development shall be laid out so that,
where the side of a structure faces other structures, no portion of
such side building lot or area could be constructed within the following
distances from the following types of building lots or areas on other
structures:
|
Front
(feet)
|
Side
(feet)
| |
|---|---|---|
|
30
|
15
|
(2)
Minimum building lot or area size. Building lots or areas shall
conform to the following minimum sizes:
E.
If a planned residential development is to be developed in accordance
with the Pennsylvania Uniform Planned Community Act[1] as a planned community, then individual fee simple lots
do not have to meet the requirement of 30% building coverage and 50%
impervious coverage for individual lots. Within the perimeter boundary
of the entire tract, the total building coverage cannot exceed 30%
of the total interior tract area of the development, and the total
impervious coverage cannot exceed 50% of the total interior tract
area of the development.
[Amended 1-28-2015 by Ord. No. 314]
[1]
Editor's Note: See 68 Pa.C.S.A. § 5101 et seq.
F.
Height. The height of all buildings within 200 feet of the boundary
of the planned residential development shall not exceed the maximum
height permitted in the adjoining residential district. When the building
is located within 200 feet of more than one adjoining zoning district,
the height shall not exceed the lowest maximum height allowed in either
district. The Township may allow higher buildings beyond 200 feet
from the perimeter if the property owner/developer can demonstrate
that such will not create any adverse impact on adjoining lands. The
lowest maximum height of the Village District shall be followed when
any PRD is located adjacent to the Village District either along the
zone boundary and/or a street.
G.
Perimeter requirements. The planned residential development shall
be designed to avoid adverse influences and impacts on surrounding
properties.
(1)
Residential structures located adjacent to the perimeter boundary
within the planned residential development may be required to conform
to the setback and yard regulations of the adjoining district when
necessary to ensure compatibility of land uses.
(2)
Nonresidential structures adjacent to the perimeter boundary within planned residential developments shall conform to the buffer setback and buffer yard requirements of § 12-2.6K, Buffer yards.
(3)
Additional buffer yards may be required where the planned residential
development is adjacent to existing dwellings or neighborhoods. If
the buffer yard ordinances governing the adjacent uses and area are
more stringent, those are to be applied to the PRD perimeter.
[Amended 11-11-2002 by Ord. No. 225; 3-14-2005 by Ord. No. 252]
A.
Thirty percent of the total tract size is to serve as common open
space. Fifty percent of the common open space is to consist of parkland.
(1)
Acceptable parkland is to consist of active and passive sites that meet the general design characteristics described in § 11-4.12, Parkland dedication requirements; fee-in-lieu option.
(2)
Parkland may be limited to use by the residents of the PRD or
may serve residents from outside the PRD.
(3)
A fee in lieu of parkland may be offered by the developer if the conditions outlined in § 11-4.12, Parkland dedication requirements; fee-in-lieu option.
(4)
The buildings, structures, and improvements which are permitted
in the common open space shall conserve and enhance the amenities
of the common open space having regard to its topography and natural
unimproved condition.
(5)
The use and improvement of the common open space shall be planned
in relation to any existing or proposed public or semipublic open
space which adjoins or which is within 1,500 feet of the perimeter
of the PRD.
(6)
Common open space may include stormwater management areas, wetlands, steep slopes, water well protection sites, areas of sinkholes, rock outcroppings, streams, and other sensitive natural features. As a component of the PRD for the duration of the PRD, access easements, scenic easements, and other easements over private property of the PRD may serve as common open space. The buildable areas of lots, public rights-of-way, and normal setback areas are not included as common open space. Private golf courses are a separate use under § 12-15.3B(6), and are not counted toward parkland, or common open space, unless such is accessible to PRD residents and is open to the public.
B.
All land shown on the final development plan as parkland or open
space shall be conveyed in any of the following ways, at the discretion
of the Board of Supervisors:
(1)
To the Township of Harris; or
(2)
To an organization or organizations for the ownership and maintenance
of the parkland or common open space, which organization shall not
be dissolved, that will:
(a)
Include a statement of the present ownership of all of the land
within the PRD and the applicant's interest in the land proposed for
development; and
(b)
Describe the form of organization proposed to own and maintain the parkland or common open space, and whether public or private ownership is proposed. The common open space, as noted in Subsection A(4) above, shall be on land owned by a property owners association or on privately owned land when an open space easement and/or acceptable access easement to common open space has been granted to the property owner's association.
C.
A development schedule is to be submitted with the PRD and the preliminary
plan indicating:
(1)
The approximate date when construction of the project can be
expected to begin, with the area and location of parkland and common
open space components that will be provided at each stage.
(2)
The stages in which the parkland and common open space components
will be built and the approximate date when construction of each stage
is expected to begin. This schedule will be updated annually on the
anniversary of its approval.
(3)
The approximate dates when the total of development stages will
be completed.
The environmental design scheme of the planned residential development
shall be laid out in such a fashion so that all of the elements listed
below are incorporated into a harmonious and aesthetically pleasing
design. Consideration shall be given to the overall character of the
community and its visual effect on the residents of the planned development;
as well as the residents of the Township and Centre Region at large.
A.
Existing trees shall be preserved. Existing stands of mature, healthy
trees, waterways, historic sites, scenic points, views and vistas,
and other community assets and landmarks are to be preserved.
B.
The planned residential development shall be designed to minimize
grading, cut and fill, and other changes to the natural terrain. All
graded slopes shall blend with the surrounding terrain and development.
C.
All landscaping shall be in conformance with an overall landscaping
plan and unifying concept for the development.
D.
All planned residential developments shall conform to all applicable
regulations contained in this chapter, as amended.
E.
All planned residential developments shall conform to all applicable regulations contained in Chapter 11, Subdivision and Land Development, as amended.
F.
All planned residential developments shall conform to all applicable requirements of Chapter 13, Stormwater Management, as amended.
G.
Development within the PRD shall be "clustered" to preserve and minimize
disturbance to woodlands, steep slopes, streams, wetlands, floodplains,
sinkholes, water well sites, water recharge areas, and sensitive natural
features.
[Amended 11-11-2002 by Ord. No. 225]
A.
A proposed planned residential development shall have an internal
system of public streets with direct access to a public collector
or arterial street; the Board of Supervisors may approve direct access
to a public local street when a planned residential development proposes
no nonresidential buildings or uses, provided the Township Engineer
reviews and verifies the conclusions of a traffic study that indicates
the existing local street system is designed to accommodate the increased
traffic to be generated by the proposed PRD.
B.
A traffic impact study shall be required.
C.
All streets in the development shall be dedicated to the Township and shall conform to all related standards contained in Chapter 11, Subdivision and Land Development, as amended, and shall comply with state and federal laws applicable to streets of this type. Within a planned residential development, the Board of Supervisors may approve public streets with a forty-foot right-of-way bordered on both sides by a ten-foot private utility easement when the developer provides proper justification. In such instances, the requirements of § 12-2.6E of this chapter shall not apply.
D.
A system of pedestrian access, in the form of paved sidewalks or interior walkways, shall be provided to allow walking between every use, structure, or recreational facility and shall be connected with existing sidewalks and walkways adjacent to the planned residential development. Sidewalks shall be designed in conformance with the construction standards of Chapter 11, Subdivision and Land Development.
E.
Motor vehicles access and parking shall be provided as required in this chapter. Within a planned residential development, the Board of Supervisors may allow driveway entrances serving attached and detached homes to be located not less than 30 feet from the intersection of local streets within the development, superseding the requirements of § 12-7.8D. Further, within a planned residential development, the Board of Supervisors may approve driveway entrances serving attached and detached dwellings to be located not less than 10 feet from the tangents of other driveways, superseding the requirements of § 12-7.8E, or the Board of Supervisors may require the use of common driveways.
A.
Sanitary sewage disposal. Sewage disposal for all buildings in the
planned residential development shall comply with the provisions of
the Centre Region Act 537 Sewage Facilities Plan, as adopted by the
Harris Township Board of Supervisors, with subsequent amendments thereto
and applicable regulations of the servicing sewer authority.
B.
Water supply.
(1)
All planned residential developments shall connect to public
water authority or company mains. All water mains and laterals shall
meet the design and installation specifications of said water authority
or company.
(2)
When public water service is provided, fire hydrants shall be installed in locations approved by the Board of Supervisors and the servicing water authority. Fire hydrants shall be placed in accordance with Chapter 11, Subdivision and Land Development, as amended, and in compliance with the regulations of the servicing water provider.
An applicant wishing to receive approval of a planned residential
development with the Township of Harris shall submit plans in accordance
with procedures provided for under this section.
A.
Preapplication conference. Before submitting an application for a
planned residential development, an applicant, at his option, may
confer with the Planning Commission.
B.
Application for preliminary approval of a planned residential development.
(1)
An applicant desiring to establish a planned residential development
shall provide the Planning Commission with 10 copies of a "master
plan" indicating the following:
(a)
A key map showing the location of the site.
(b)
The size of the site.
(c)
A plan showing the proposed general layout; the location of
the various types of land uses; dimensions of lots; the approximate
location, use, height, and bulk of buildings; the proposed density
of population in each distinct residential area; the location and
size of recreational spaces, parks, schools, and other facilities
which are intended for public use; the provisions for automobile parking
and the size and floor space of commercial or industrial uses.
(d)
A public utility plan for sanitary sewer, water, and stormwater
management controls.
(e)
A plan showing the width and location of proposed streets and
public ways.
(f)
Topography of the site.
(2)
The applicant shall also submit 10 copies of a written statement
containing the following information:
(a)
A statement of the ownership of all land included within the
planned residential development.
(b)
An explanation of the character and intent of the planned residential
development and the reasons why the development would be in the public
interest and consistent with the objectives in the Township Comprehensive
Plan.
(c)
A statement describing any proposed innovative design concepts
included in the plan.
(d)
The substance of covenants, grants of easements, or other restrictions
proposed to be imposed on the use of land, buildings, and structures,
including proposed easements or grants for public use or utilities.
(e)
A description of the form of organization proposed to own and
maintain the common open space, recreational facilities, or other
common facilities.
(f)
A statement of the proposed use and improvement of common open
space and recreational facilities.
(g)
A description of proposals to preserve natural features and
existing amenities and a statement of conceptual landscaping designs.
(h)
A statement describing the stormwater management methods to
be employed.
(3)
A development schedule indicating:
(a)
The approximate date when construction of the project will begin.
(b)
The stages in which the project will be built and the approximate
date when construction of each stage can be expected to begin. This
schedule will be updated annually on the anniversary of its approval.
(c)
The approximate dates when the development will be completed.
(d)
The area and location of common open space that will be provided
at each stage.
(4)
Public hearings.
(a)
Public hearings shall be conducted in accordance with the regulations
set forth in the Municipalities Planning Code, Act of 1968, P.L 805,
No. 247, 53 P.S. § 10101 et seq., as reenacted and amended.
(b)
Prior to the public hearing by the Board of Supervisors, the
Planning Commission shall consider the application at either a private
or a public meeting, without the requirement of public notice, and
shall make its recommendation to the Board of Supervisors. Refer to
MPC, § 708, 53 P.S. § 10708.
(5)
The findings. The Board of Supervisors shall make findings in
accordance with § 709 of the MPC, 53 P.S. § 10709.
(6)
Status of plan after tentative approval shall be in accordance
with MPC, § 710, 53 P.S. § 10710.
(7)
Application for final approval shall be in accordance with MPC,
§ 711, 53 P.S. § 10711.
(8)
Post final plan conditions shall be in accordance with MPC,
§ 711(e), 53 P.S. § 10711(e).
Contents of plans submitted for preliminary review. All plans
submitted for preliminary review shall be drawn to a scale of one
inch equals 50 feet or larger (e.g., one inch equals 30 feet) and
shall contain the following information:
A.
General data.
(1)
Name of proposed planned residential development.
(2)
North point.
(3)
Graphic scale and legend describing all symbols shown on the
plan.
(4)
Day, month, and year the plan was prepared and/or revised.
(5)
Name and address of the owner and deed book and page numbers
of the deeds conveying the property to the owner.
(6)
Name and address of the individual or firm preparing the plan.
(7)
Names of abutting property owners, including their deed book
and page numbers, tax parcel numbers, and abutting zoning districts.
(8)
Key map at a readable scale showing the location of proposed
planned residential development and all roads within 1,000 feet therefrom.
(9)
Centre County tax parcel numbers of all parcels included in
the planned residential development.
B.
Existing features.
(1)
Perimeter boundaries of the total property showings bearings
to the nearest minute and distances to the nearest hundredth of a
foot.
(2)
Total acreage of the property and total square feet within each
lot of the development.
(3)
Current zoning district, as stipulated in this chapter.
(4)
Natural features.
(a)
Sinkholes, watercourses, wetlands, tree masses, wildlife habitat,
unique vegetation, soils, and/or natural features.
(b)
Floodplain and steep slopes, as defined by this chapter.
(c)
Topographic contour lines at vertical intervals of two feet
for land with average undisturbed slope of 4% or less and at intervals
of five feet for land with average natural slopes exceeding 4%, including
source of topographic data.
(5)
Approximate location of man-made features in or within 50 feet
of the property, including:
C.
Proposed development.
(1)
The approximate location, total ground floor area, total floor
area, height, and use of buildings and other structures (all area
dimensions shall be indicated in square feet).
(2)
The approximate location and area of driveways and parking and
loading areas.
(3)
The property lines of lots to be subdivided, measured to the
nearest foot. Setbacks and lot dimensions shall be shown.
(4)
The approximate locations of sidewalks and walkways, including
widths, surfacing materials, and ramps for the handicapped.
(5)
The approximate location of utility and drainage easements.
(6)
The approximate location and pipe diameter of sewer and water
mains and laterals.
(7)
The approximate location of fire hydrants.
(8)
Perimeter setbacks and required buffer yards.
(9)
Street information, including:
(a)
Location and width of rights-of-way and cartways.
(b)
Proposed street names.
(c)
Approximate road profiles along the center line of each proposed
street, showing finished grade at a scale of one inch equals 50 feet
horizontal and one inch equals five feet vertical. Include typical
cross-section to be utilized.
(d)
Vegetation to be planted between the curb or shoulder and the
right-of-way line.
(10)
A conceptual landscaping plan indicating the treatment of materials
and landscaping concepts used for private and common open space.
(11)
A general grading plan showing alterations to the topography
of the site.
(12)
A plan showing the general location and type of all stormwater
conveyance and detention and/or retention facilities designed to serve
more than one lot or to collect stormwater from streets and common
areas.
D.
Common open space.
(1)
The location and area of the proposed common open space.
(2)
The proposed use and improvements of common open space.
(3)
The location and use of common recreational facilities.
(4)
The location and area of land to be dedicated for public purposes,
where easements are located, and lands of the property owner association(s).
E.
Density calculation. A table shall be included on the plan describing
each phase or section with quantitative data, including the following:
(1)
The total area of the development and of each phase, section,
or stage.
(2)
The total area devoted to residential uses, the total number
of dwelling units, the number of each type of unit, and the total
residential floor area in the development and in each phase or section.
Residential uses include all dwelling units and types, parking areas
for said units and those lands surrounding the dwelling units not
designated as common open space.
(3)
The number of dwelling units per acre in the development and
each phase, section, or stage.
(4)
The area of streets, parking, sidewalks, and walkways and total
area paved and percentage of area paved or covered by structures in
the development and each phase or section, and nonresidential lot.
(5)
The total acreage and percentage of acreage in common open space
in the development and each phase.
(6)
The total area devoted to planned recreational use throughout
the entire development and in each phase.
(7)
The total area devoted to nonresidential uses and total floor
area of nonresidential buildings in the development and in each phase.
F.
Narrative statement. A written statement including the following:
(1)
A statement of the ownership of all of the land included within
the planned residential development.
(2)
An explanation of the character and intent of the planned residential
development and the reasons why the development would be in the public
interest and consistent with the objectives in the Township Comprehensive
Plan.
(3)
A statement describing any proposed innovate design concepts
included in the plan.
(4)
The substance of covenants, grants of easement, or other restrictions
proposed to be imposed on the use of land, buildings, and structures,
including proposed easements or grants for public use or utilities.
(5)
A description of the form of organization proposed to own and
maintain the common open space, recreational facilities, or other
common facilities.
(6)
A statement of the proposed use and improvement of common open
space and recreational facilities.
(7)
A description of proposals to preserve natural features and
existing amenities and a statement of conceptual landscaping designs.
(8)
A statement describing the stormwater management methods to
be employed.
G.
Signatures.
(1)
Signature(s) and seal(s) of a licensed engineer and/or architect
or landscape architect who prepared or supervised the preparation
of the plan.
(2)
Signed, notarized statement by the owner certifying ownership
of the property.
(3)
Stormwater management block with space for the signature by
the Township Engineer and certification by applicant's engineer.
(4)
Space for approval signatures by the Chairman and Secretary
of the Board of Supervisors, including date of such approval.
Plans submitted for final review shall include all information
required above. Where applicable, the final plan for the development
shall meet the plan requirements contained in the following Township
regulations, as amended:
The form of the property owners' association shall be as follows:
A.
A property owners association shall be established for the ownership
and maintenance of common open space, recreation facilities, and other
common facilities not dedicated to the Township.
B.
The requirements and functions of the property owners' association
shall be set forth in covenants, restriction, and grants of easements,
recorded where applicable, and shall comply with the following:
(1)
The property owners' association shall be legally established
before any properties are sold.
(2)
Membership shall be mandatory for each property owner and any
successive buyer.
(3)
The common open space shall be guaranteed by restrictive covenants
or easements describing the open space and its maintenance by the
residents of the development.
(4)
The association shall be responsible for all costs of the common
elements, including liability insurance, local taxes, and the maintenance
of facilities.
(5)
Property owners shall pay their pro rata share of the costs
in the form levied by the association, which can become liens on properties.
(6)
The association shall have authority to adjust the financial
responsibility of its membership to meet changing needs.
C.
In the event that the organization established to own and maintain
common open space, or any successor organization, shall, at any time
after establishment of the PRD, fail to maintain the common open space
in reasonable order and condition in accordance with the development
plan, the Township shall commence enforcement action in accordance
with the powers granted by the Municipalities Planning Code, Act of
1968, P.L. 805, No. 247, 53 P.S. § 10101 et seq., as reenacted
and amended. The cost of such maintenance by the Township shall be
assessed equitably against the properties within the planned residential
development that have a right of enjoyment of the common open space
and shall become a lien on said properties. The Township, at the time
of entering upon said common space for the purpose of maintenance,
shall file a notice of lien in the office of the Prothonotary of Centre
County upon the properties affected by the lien within the planned
residential development.
Failure to comply with any provisions of this article shall
be a violation of this article:
A.
Complaints regarding violations. Whenever a violation of this article
occurs, or is alleged to have occurred, any person may file a complaint
to the Zoning Officer stating fully the causes and bases thereof.
The Zoning Officer shall record such complaint, investigate, and take
action thereon as appropriate.
B.
Notice of violation. If the Zoning Officer shall find that any provision
of this article has been violated, he shall notify the person responsible
for such violation or the owner or developer, in writing, indicating
the nature of the violation and ordering the action necessary to correct
it, whereupon such violation shall be corrected within the time specified.
C.
Penalties. Penalties for violation of this article are set forth
in §§ 712.1 and 712.2 of the Pennsylvania Municipalities
Planning Code, Act of 1968, P.L. 805, No. 247, 53 P.S. §§ 10712.1
and 10712.2, respectively, as reenacted and amended.
D.
Enforcement. The municipality may enforce the provisions of the article
as set forth in § 706 of the Pennsylvania Municipalities
Planning Code, Act of 1968, P.L. 805, No. 247, 53 P.S. § 10706,
as reenacted and amended.
