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Township of Richmond, PA
Tioga County
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[Ord. 2-80, 11/17/1980; as added by Ord. 91-4, 9/3/1991]
A planned residential development may include residential uses, with dwelling units in single-family, semi-detached and attached dwellings, garden apartments and high-rise apartments, and, to the extent they are designed and intended primarily to serve the residents of the planned residential development, recreation and commercial uses.
[Ord. 2-80, 11/17/1980; as added by Ord. 91-4, 9/3/1991]
1. 
The maximum allowable average gross residential density for all zoned areas where such residential development is permissible shall be six dwelling units per acre.
2. 
No more commercial use shall be allowed than expert market analysis shows to the satisfaction of the Township will be needed to serve the resident population of the planned residential development. In no case shall it exceed one acre of commercial and/or one acre of industrial development per 100 dwelling units in the PRD.
3. 
Not less than 25% of the total area of planned residential development shall be designated as and devoted to common open space.
[Ord. 2-80, 11/17/1980; as added by Ord. 91-4, 9/3/1991]
For each additional percentage point of land in common open space above 25%, the permissible average gross residential density shall be increased by 1% of the permissible average gross residential density as specified in § 27-1212, Subsection 1, above.
[Ord. 2-80, 11/17/1980; as added by Ord. 91-4, 9/3/1991]
1. 
Site Design.
A. 
All housing shall be designed with regard to the topography and natural features of the site. The effects of prevailing winds, seasonal temperatures and hours of sunlight on the physical layout and form of the proposed buildings shall be taken into account.
B. 
All housing shall be sited so as to enhance privacy and insure natural light for all principal rooms.
C. 
Variations in setbacks shall be provided where necessary to create a more pleasing layout.
D. 
Housing and other facilities near the periphery of the planned residential development shall be designed so as to be harmonious with neighboring areas.
E. 
No structure shall be within 20 feet of the right-of-way of access roads or of parking areas.
F. 
No structure shall be less than 50 feet from the property lines of the development and a planting strip of appropriate height for effective screening shall be provided along all property lines at the periphery of the development where necessary to protect the privacy of neighboring residents.
2. 
Tree Conversion and Erosion Control.
A. 
Existing trees shall be preserved wherever possible. The protection of trees shall be a factor in determining the location of open space, buildings, underground services, walks, paved areas, playgrounds, parking areas and finished grade levels.
B. 
The development shall be designed and programmed so as to minimize earthmoving, erosion, and the destruction of natural amenities.
C. 
Seeding, sodding and other planting shall be applied to stabilize topsoil on steep slopes.
D. 
Erosion control measures such as minimizing the area of exposed soil, mulching, building sites catchment basin, and planting temporary ground cover shall be instituted as necessary and as required to comply with the Pennsylvania Erosion and Sediment Control Act.
3. 
Streets.
A. 
The street system shall be designed so as to relate harmoniously with land uses and adjacent streets, and to minimize through traffic in residential areas.
B. 
Collector streets and local streets shall be so designated and shall have a minimum right-of-way of 50 feet and a minimum cartway of 28 feet.
C. 
Culs-de-sac must have a paved turning circle of sufficient width to facilitate snow removal and to permit easy access for fire fighting equipment and delivery trucks. The minimum radius shall be 45 feet to the outside curb, and the maximum length from the center radius to the center line of the collector road shall be 500 feet.
D. 
All roads must comply with the specifications of the Township of Richmond as provided by resolution.
4. 
Parking.
A. 
There shall be two off-street parking spaces, measuring 10 feet by 20 feet for each dwelling unit with aisles at least 20 feet wide.
B. 
There shall be one off-street parking space 10 feet by 20 feet for each 100 square feet of commercial space and for industrial development one off-street parking space 10 feet by 20 feet for each employee on a major shift.
C. 
Parking areas shall be arranged so as to prevent through traffic to other parking areas.
D. 
Parking areas shall be screened from adjacent structures, access roads and traffic arteries by hedges, dense planting, earth berms, changes in grade or walls. All parking areas shall be a minimum of 20 feet from all structures, access roads and traffic arterials.
E. 
No more than 15 parking spaces shall be permitted in a continuous row without being interrupted by approved landscaping.
F. 
No more than 60 parking spaces shall be accommodated in any single parking area.
G. 
All streets and any off-street loading area shall be surfaced with an asphaltic or Portland cement pavement.
5. 
Sidewalks.
A. 
Sidewalks shall be provided and must be at least four feet wide.
B. 
Along collector streets or in the vicinity of shopping centers, schools, recreation areas and other such facilities, sidewalks shall be at least six feet wide.
C. 
All sidewalks shall be a minimum of four inch Portland cement construction.
6. 
Lighting. All off-street parking shall be adequately lighted. All such lighting shall be arranged so as to direct light away from adjoining residences.
7. 
Storm Drainage. The storm sewerage system for a planned residential development shall be designed to minimize erosion and flooding, using as desirable, catchment basins, silt traps and design of cartways so as to minimize runoff.
8. 
Landscaping.
A. 
All parking areas shall be landscaped. The interior of each parking lot shall have one four-inch caliper shade tree for every four cars.
B. 
Shade trees shall be provided along all streets. No less than two four-inch caliper trees shall be planted for each twenty-five foot section of collector streets.
9. 
Street Signs and Street Lighting.
A. 
All streets and areas of high pedestrian use shall be adequately lighted.
B. 
The character, size and shape of all outdoor signs shall be in conformity with the provisions of this chapter.
10. 
Supplemental Nonresidential Facilities.
A. 
Shopping areas, industrial areas and recreational facilities within a planned residential development shall be located so as not to interfere with nearby residential areas.
B. 
Refuse stations shall be designed with suitable screening and located where convenient for trash removal, and not offensive to nearby residential areas.
C. 
Adequate lighting shall be provided for outdoor areas used after dark. Appropriate lighting fixtures must be provided for walkways, to identify steps, ramps, and signs. Lighting shall be designed and located so as not to shine directly into nearby residences.
11. 
Utilities. All utilities shall be underground.
[Ord. 2-80, 11/17/1980; as added by Ord. 91-4, 9/3/1991]
A developer may construct a planned residential development in stages if the following criteria are met:
1. 
The application for tentative approval covers the entire planned residential development and shows the location and approximate time of construction for each stage, in addition to other information required by this chapter.
2. 
At least 15% of the dwelling units in the plan given tentative approval are included in the first stage.
3. 
At least 50% of the dwelling units in any stage are rented or sold before any commercial development shown in that stage shall be completed.
4. 
The second and subsequent stages are completed consistent with the tentatively approved plan and are of such size and location that they constitute economically sound units of development. In no event shall such stages contain less than 15% of the total dwelling units receiving tentative approval.
5. 
Gross residential density may be varied from stage to stage, provided, however that final approval shall not be given to any stage if the gross residential density by type of dwelling of the area which includes stages already finally approved and the stage for which final approval is being sought exceeds by more than 10% the gross residential density for each type of dwelling unit allowed for the entire planned residential development in the tentatively approved plan. Where it is necessary to allocate open space to early stages to avoid exceeding maximum gross residential densities, the developer may be required to grant an open space easement or covenant to the Township of Richmond specifying the amount, and, if necessary, the location of open space.
[Ord. 2-80, 11/17/1980; as added by Ord. 91-4, 9/3/1991]
1. 
The open space shall be located so as to be consistent with the objectives set forth in the application for planned residential development. Where possible, it shall be designed as a contiguous area easily accessible to the residents and preserving natural features.
2. 
There shall be provisions which insure that the open space land shall continue as such and be properly maintained. The developer shall either (a) dedicate such land to public use if the Township of Richmond or another public agency has indicated it will accept such dedication, (b) retain ownership and responsibility for maintenance of such open space land, or (c) provide for and establish one or more organizations for the ownership and maintenance of all common open space. In the case of (c) above, each organization shall be a nonprofit homeowners corporation, unless the developer demonstrates that a community open space trust is a more appropriate form of organization.
3. 
If a homeowners association or open space trust is formed, it shall be governed according to the following regulations:
A. 
The organization is organized by the developer and operating with financial subsidization by the developer, if necessary, before the sale of any lots within the development.
B. 
Membership in the organization is mandatory for all landowners and purchasers of homes therein and their successors.
C. 
The organization shall be responsible for maintenance of and insurance and taxes on common open space.
D. 
The members of the organization shall share equitably the costs of maintaining and developing common open space, in accordance with procedures established by them.
E. 
The organization shall have or hire adequate staff to administer common facilities and maintain the common open space.
F. 
In the event that the organization established to own and maintain a common open space or any successor organization, shall at any time after establishment of the planned residential development fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Township of Richmond may serve written notice upon such organization or upon the residents and owners of the planned residential development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies or maintenance be cured within 30 days thereof, and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice as to the deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof shall not be cured within said 30 days or any extension thereof, the Township of Richmond, in order to preserve the taxable values of the properties within the planned residential development and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said entry and maintenance shall not vest in the public any rights to use the common open space except when the same is voluntarily dedicated to the public by the residents and owners. Before the expiration of said year, the Township of Richmond shall, upon its initiative, or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization, or to the residents and owners of the planned residential development, to be held by the Township of Richmond, at which hearing such organization or its residents and owners of the planned residential development shall show cause why such maintenance by the Township of Richmond shall not, at the election of the Township of Richmond, continue for a succeeding year. If the Township of Richmond shall determine that such organization is ready and able to maintain said common open space in reasonable condition, the Township of Richmond shall cease to maintain said common open space at the end of said year. If the Township of Richmond shall determine such organization is not ready to maintain said common open space in a reasonable condition, the Township of Richmond may, in its discretion, continue to maintain said common open space during the next succeeding year and subject to a similar hearing and determination in each year thereafter. The decision of the Township of Richmond in any such case shall constitute a final administrative decision subject to judicial review.
The cost of such maintenance by the Township of Richmond shall be assessed ratably against the properties within the planned residential development that have a right of enjoyment of the common open space and shall become a tax lien on said properties. Said assessments or charges shall be subordinate in lien to the lien of any mortgage or mortgages on the property which is subject to such assessments or charges regardless of when said mortgage or mortgages were created or when such assessments or charges accrued; provided that such subordination shall apply only to assessments or charges that have become payable prior to the passing of title under foreclosure of such mortgage or mortgages, and the transferee shall not be liable for payment of any assessment or charges accruing prior to said foreclosure, but nothing herein shall be held to affect the rights herein given to enforce the collection of such assessments or charges accruing after sale under foreclosure of such mortgage or mortgages; and provided, further, that such charges accruing after sale shall also be subordinate in lien to the lien of any further mortgage or mortgages which are placed on property subject to the assessment or charges, with the intent that no such charges shall be at any time prior in lien of such mortgage or mortgages whatsoever on such property. The Township of Richmond, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of such lien in the Office of the Prothonotary upon the properties affected by such lien within the planned residential development.
G. 
In accordance with Section 706 of the Municipalities Planning Code, 53 P.S. § 10706, the provisions of the development plan relating to (i) the use, bulk and location of buildings and structures, (ii) the quantity and location of common open space, and (iii) the intensity of use or the density of residential units, shall run in favor of the Township of Richmond and shall be enforceable in law or in equity by the Township of Richmond, without limitation on any powers of regulation otherwise granted the Township of Richmond by law. The development plan shall specify those of its provisions which shall run in favor of, and be enforceable by residents of the planned residential development, and, in addition, the manner in which such residents may modify or release such rights.
[Ord. 2-80, 11/17/1980; as added by Ord. 91-4, 9/3/1991]
If the Township of Richmond or a public agency such as a school district determines that land for public use (i.e., fire station, police station, school) will be needed as a result of the construction of the planned residential development, the developer may be required to set aside such land for eventual acquisition by the Township of Richmond or public agency. If such land is not acquired by the appropriate body by the date of the sale or rental of 51% of the total dwelling units in the planned residential development, then at the option of the developer, the land may be used for residential purposes subject to the provisions of this chapter. If the developer chooses to dedicate such land, he may benefit from an increase in permitted dwelling units as specified in the definition of average gross residential density.