Township of North Lebanon, PA PLANNED RESIDENTIAL DEVELOPMENT

[Ord. 10/26/81A, 10/26/1981; § 8.02; as amended by Ord. 4-1989, 12/18/1989]

The following standards will be used as guidelines in evaluating a planned residential development application.

Minimum Site Size. Minimum site size shall be 20 acres.

Dwelling Units Permitted. The number of dwelling units permitted shall be determined by dividing the net development area by the minimum lot area per family required by the zoning district in which the area is located. Net development area shall be determined by subtracting the area set aside for churches and school use from the gross development area and deducting 15% of the remainder for streets, regardless of the amount of land actually required for streets. The area of land set aside for common open space recreational use shall be included in determining the number of dwelling units permitted. The Township shall determine the appropriate percentage of multi-family dwellings and/or commercial uses permitted in the development depending upon the size of the development and the character of the area in which the development and the character of the area in which the development is located; provided, however, that in no case shall more than 50% of the net developable land area be developed into multiple dwellings and no more than 6% of the net developable land area shall be developed into commercial uses.

Lot Area and Frontage. The minimum lot area and minimum lot width of dwelling lots established within the development shall not be less than 1/2 of the normal minimum lot area or minimum lot width of the zoning district in which the lot is located. However, in no case shall a single family lot be created with an area of less than 5,000 square feet or a lot width of less than 50 feet.

Utilities. Public water and public sewer facilities shall be supplied to each dwelling unit.

Design. The Township shall review the application for compliance with all pertinent Township comprehensive plans. Additionally, the Department shall insure that buildings and access streets are designed to avoid a repetitive, monotonous pattern of construction. Furthermore, when applicable to a particular site, additional standards shall be applied by the Township to protect and preserve health, safety and general welfare of the community.

Common Open Space. The Township may accept dedication of open space land for public use and maintenance. Areas not dedicated to the general public shall be held in corporate ownership by private owners of the lots or parcels of land in the planned residential-development. In such case, the developer shall incorporate into the deeds of the owners an interest in such common open space, indicating the use to be made of such common open space and providing a means of permanent maintenance of this common space. All common open space areas which, in the opinion of the municipality, are necessary to the development of the planned residential development or section thereof shall be improved by the developer and accepted by the municipality prior to final plan approval of the planned residential development or section thereof.

[Ord. 6-4-84, 6/4/1984, § 20.02; as amended by Ord. 4-1989, 12/18/1989]

An application for an approval authorizing a modification of the requirements of this chapter for a planned residential development must be made to the Township Supervisors in three copies. This application shall contain the following information:

A legal description of the property under consideration which shall be a minimum of 15 acres in area.

A scaled topographic map of the entire parcel with a contour interval of not less than two feet.

A site plan showing the location of all existing and proposed buildings and structures, parking lots, buffer strips, plantings, streets, public ways, and curb cuts.

Proposed reservations for parks, parkways, playgrounds, school sites and other open spaces with indication of the organization to own and maintain such open space.

A location map showing the location of the site in relation to the surrounding area.

Architectural sketches, at the appropriate scale, showing building height, bulk, interior layout, and proposed use.

A feasible proposal for sanitary sewers and storm water control.

The substance of covenants, grants of easement, or other restrictions proposed to be imposed upon the use of the land, buildings, and structures, including proposed easements of grants for public utilities.

The required modifications in the land use regulations otherwise applicable to the subject property.

A schedule showing the proposed times within which applications for final approval of all sections of the planned residential development are intended to be filed if the development plans call for development over a period of years. This schedule must be updated annually until the development is completed and accepted.

Water Supply. If water is to be provided by means other than private wells owned and maintained by the individual owners of lots within the subdivision or development, applicants shall present evidence to the Board of Supervisors that the subdivision is to be supplied by a certified public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority or utility. A copy of a Certificate of Public Convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable.

The Township Supervisors shall refer the application to the Township Planning Commission and the County Planning Department for study and recommendation. The two agencies shall be required to make comment to the Township Supervisors within 30 days or the right to review will be considered forfeited.

Public Hearings.

Within 60 days after the filing of an application for tentative approval of a planned residential development pursuant to this chapter, a public hearing pursuant to public notice on said application shall be held by the Board of Supervisors.

Public notice shall be given and written notice shall be given to the applicant, the Zoning Officer and to any person who has made timely request for the same. Written notices shall be given at such time and in such manner as shall be prescribed by rules of the Board of Supervisors. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.

The parties to the hearing shall be the Township of Lebanon, any person affected by the application who has made timely appearance of record before the Board of Supervisors, and any other person including civic or community organizations permitted to appear by the Board of Supervisors. The Board of Supervisors shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board of Supervisors for that purpose.

The chairman, or acting chairman in the absence of the chairman, of the Board of Supervisors shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.

The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.

Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.

The Board of Supervisors shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board of Supervisors. The cost of the original transcript shall be paid by the Board of Supervisors if the transcript is ordered by the Board of Supervisors or shall be paid by the person appealing from the decision of the Board of Supervisors if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases the party requesting the original transcript shall bear the cost thereof.

The Board of Supervisors shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice for all parties to participate, shall not take notice of any communication, reports, staff memoranda, or other materials, except advice from their solicitor, unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are giver an opportunity to be present.

The Board of Supervisors may continue the hearing from time to time, and may refer the matter back to the Planning Commission for a report, provided, however, that in any event, the public hearing or hearings shall be concluded within 60 days after the date of the first public hearing.

The Findings.

The Board of Supervisors within 60 days following the conclusion of the public hearing shall, by official written communication to the landowner, either:

(1)

Grant tentative approval of the development plan as submitted:

(2)

Grant tentative approval subject to specified conditions not included in the development plan as submitted; or

(3)

Deny tentative approval to the development plan.

Failure to so act with said sixty-day 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 Board of Supervisors notify such Board of Supervisors of his refusal to accept all said conditions, in which case, the Board of Supervisors shall be deemed to have denied tentative approval of the development plan. In the event the landowner does not, within said period, notify the Board of Supervisors of his refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted.

The grant or denial of tentative approval by official written communication shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without conditions, or for the denial, and said communication shall set forth with particularity in what respects the development plan would or would not be in the public interest, including, but not limited to findings of fact and conclusions on the following:

(1)

In those respects in which the development plan is or is not consistent with the comprehensive plan for the development of the Township of Lebanon;

(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 such 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 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.

(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 planned residential development to the neighborhood in which it is proposed to be established; and

(6)

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.

In the event a development plan is granted tentative approval, with or without conditions, the Board of Supervisors may set forth in the official written communication the time within which an application for final approval of the development plan shall be filed or, in the case of development plan which provides for development over a period of years, the periods of time within which applications for final approval of each part thereof shall be filed. Except upon the consent of the landowner, the time so established between grant of tentative approval and an application for final approval shall not be less than three months and, in the case of development over a period of years, the time between applications for final approval of each part of a plan shall be not less than 12 months.

Status of Plan After Tentative Approval.

The official written communication shall be certified by the Township Secretary and shall be filed in his office, and a certified copy shall be mailed to the landowner. Where tentative approval has been granted, it shall be deemed an amendment to the zoning map, effective upon final approval, and shall be noted on the zoning map.

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, to 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 the action of the Township of Lebanon 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.

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 Board of Supervisors 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 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 Township Secretary.

A development plan or any part thereof which has received final approval shall be certified by the Township Supervisors and filed within 90 days with the Lebanon County Recorder of Deeds. Should the plan not be recorded within such period, the action of the Township Supervisors shall become null and void. No development shall take place until the plan has been recorded, and from that point of time, no modification of the provisions of said plan or part thereof as finally approved shall be made without the consent of the landowner.

In the event that a development plan, or a section thereof, is given final approval and thereafter the landowner shall abandon such plan or the section thereof that has been finally approved, the landowner shall so notify the Township Supervisors in writing; or, in the event the landowner shall rail to commence and carry out the planned residential development, no further development shall take place on the property included in the development plan after said property is resubdivided and is reclassified by enactment of an amendment to the North Lebanon Township Zoning Ordinance.

Any decision of the Township Supervisors under this Part granting or denying tentative or final approval of a development plan shall be subject to appeal to court in the same manner and within the same time limitation provided for zoning appeals.