In addition to the general purposes of Part 1, the provisions of this Part are intended to serve the purposes of a PRD stated in the Pennsylvania MPC (MPC), as amended, 53 P.S. § 10101 et seq.
The provisions of this chapter and the Subdivision and Land Development Ordinance [Chapter 22] shall apply, except where specific provisions of this Part clearly differ from specific provisions of other sections of this chapter or the Township Subdivision and Land Development Ordinance (SALDO) [Chapter 22]. A PRD shall be considered a subdivision under the SALDO; except that when specific procedural provisions for a PRD under the Pennsylvania MPC, 53 P.S. § 10101 et seq., differ from the SALDO provisions, then the State Planning Code provisions shall apply in place of the SALDO provisions.
1.
An application for tentative approval of a proposed PRD shall only
be eligible for tentative approval if the following initial requirements
are met:
A.
The proposed PRD shall consist of one or more contiguous parcels
of land under single ownership and control, or under active agreement
of sale by a common developer.
B.
The proposed PRD tract shall contain at least 15 acres of land and
shall be limited to the R2 District.
C.
Public water and public sanitary sewer systems shall serve all principal
uses of the proposed PRD.
D.
A PRD shall abut an arterial street.
2.
Mix of Housing Types.
A.
Each PRD shall contain at least two types of the permitted housing
types, one of which shall be detached single-family dwellings.
B.
If a single-family detached dwelling on another lot is within 300
feet, then the only principal building that shall be allowed within
that 300 feet is a single-family detached dwelling.
C.
No more than 50% of the dwelling units shall be garden apartments.
D.
In the R2 District, a maximum of 25% of the dwelling units in a PRD
may be manufactured/mobile homes.
3.
Nonresidential Uses.
A.
A PRD shall not include any business uses, other than permitted home occupations, and except as provided in Subsection 3B below.
B.
A PRD may include public or private primary or secondary schools,
child day-care centers, community centers, places of worship, nursing
homes and personal care homes, provided the requirements for such
uses in Part 4 are also complied with.
1.
Land use density within a PRD shall be regulated by the following
general standards:
A.
Average gross residential density for the total PRD site shall not
exceed the following densities, after deleting areas within the one-hundred-year
floodplain and that have slopes over 25% from the lot area:
B.
The percentage of the PRD site which is to be covered by total impervious
surfaces shall not exceed 30% of the total site area.
C.
The percentage of the PRD site devoted to permanent common open space
shall be no less than 25% of the total site area.
D.
The percentage of the PRD site to be devoted to nonresidential uses
and related parking shall not exceed 5% of the total site area.
3.
Building Siting, Building Coverage and Net Residential Density. Within the general standards established in § 27-905, Subsections 1 and 2, the suitability of building siting, building coverage and net residential density will be determined subject to the standards set forth for the site design of residential uses and common open space in § 27-907, Subsections 1 and 2, and the determinations of the site analysis as set forth in § 27-906.
1.
Natural Features Analysis. In order to determine which specific areas
of the total PRD site are best suited for higher-density development,
which areas are best suited for lower-density development and which
areas should be preserved in their natural state as open space areas,
a thorough analysis of the natural features of the site is required.
The following subject categories must be included in this analysis:
A.
Hydrology. Analysis of natural drainage patterns and water resources,
including an analysis of streams, natural drainage swales, ponds or
lakes, wetlands, floodplain areas, permanent high water table areas,
and seasonal high water table areas.
B.
Geological. Analysis of characteristics of rock formations underlying
the site, including defining aquifers (particularly those locally
subject to pollution), shallow bedrock areas and areas in which rock
formations are unstable.
C.
Soils. Analysis of types of soils present in the site area, including
delineation of prime agricultural soil areas, aquifer recharge soil
areas, unstable soils, soils most susceptible to erosion, and soils
suitable for urban development. The analysis of soils shall be based
on the County Soil Survey or more-detailed professional study.
D.
Topography. Analysis of the terrain of the site, including mapping
of elevation and delineation of slope areas over 25%, between 15%
and 25%, and between 12% and 15%.
E.
Vegetation. Analysis of tree and plant cover of the site, emphasizing
the location of woodland and meadowland areas. Dominant tree and plant
species should be identified and the characteristics of each understood.
F.
Microclimate. Analysis of seasonal temperatures, seasonal precipitation,
seasonal prevailing winds and daily hours of sunlight in specific
areas of the PRD site.
2.
Community Impact Analysis. In order to determine the impacts of the
proposed PRD, an analysis of the potential effects of the PRD upon
public facilities, utilities, public school systems and roadway systems
will be required. A comparison of the projected costs versus the revenues
to the Township and the school district produced by the PRD shall
be included in the analysis.
1.
Residential Uses.
B.
Conventional siting practices, such as building setbacks from streets
and minimum distances between buildings, may be varied in order to
produce an attractive and interesting arrangement of buildings.
C.
Dwelling unit structures shall be located and sited so as to promote
pedestrian and visual access to common open space wherever possible.
D.
Dwelling unit structures shall be located and arranged so as to promote
privacy for residents within the PRD and maintain privacy for residents
adjacent to the PRD.
E.
Buildings other than single-family detached dwellings and their accessory
structures shall be set back a minimum of 100 feet from the lot line
of an existing single-family detached dwelling. All principal buildings
shall be set back a minimum of 50 feet from all exterior lot lines
of the PRD.
F.
No structure shall be located within 20 feet of the right-of-way
of a street within the PRD.
2.
Commercial Uses. Not permitted.
3.
Common Open Space.
A.
The location, shape, size and character of the common open space
shall be provided in a manner consistent with the objectives of the
PRD provisions of the MPC and in full consideration of the natural
features analysis.
B.
Uses authorized for the common open space must be appropriate to
the scale and character of the planned development, considering its
natural features, size, land use intensity, potential population and
the number and types of dwelling units to be developed.
C.
Whenever possible, common open space shall be designed as a contiguous
area interspersed with residential areas with pedestrian and visual
access available to all residents of the PRD.
D.
Significant natural features, such as woodland areas, large trees,
natural watercourses and bodies of water, rock outcroppings and scenic
views, shall be incorporated into common open space areas whenever
possible; provided, however, that no less than 25% of the total common
open space area shall be suitable for intensive use as an active recreation
area.
E.
Development of the PRD must be planned so as to coordinate the establishment
of common open space areas and the construction of dwelling units.
4.
5.
Lighting.
A.
All streets, off-street parking areas and areas of intensive pedestrian
use shall be adequately lighted after dark. All such lighting shall
be designed and located so as to direct light away from adjacent residences.
B.
Appropriate lighting fixtures shall be provided for walkways and
to identify steps, ramps and signs. Such lighting shall be designed
and located so as to direct light away from adjacent residences.
6.
7.
Tree Conservation and Landscaping. The tree cutting provisions of
this chapter shall apply. Where extensive natural tree cover and vegetation
does not exist and cannot be preserved on the PRD site, extensive
landscaping shall be planted to enhance the appearance of the PRD,
aid in erosion control, provide protection from wind and sun, screen
streets and parking areas, and enhance the privacy of dwelling units.
8.
Streets. The design and construction of streets shall conform to the requirements of the Township Subdivision and Land Development Ordinance [Chapter 22], except the Board of Commissioners may permit a reduction in the permitted cartway and right-of-way width of streets where the applicant proves that such changes are reasonable.
Telephone, electric and cable TV utilities shall be installed
underground.
1.
Organization. The developer shall make provisions which ensure that
the common open space land shall continue as such and be properly
maintained. The developer shall provide for and establish an organization
for the ownership, maintenance and preservation of open space, which
shall conform to the following standards and procedures:
A.
The organization shall be established by the developer before the
sale or rent of dwelling units in the PRD.
B.
The form, financial capability, rules of membership and methods of
cost assessment of the organization shall be devised so as to ensure
the successful fulfillment of the maintenance, preservation and improvement
responsibilities of the organization.
C.
The organization responsible for maintenance, preservation and improvement
of common open space areas shall be the sole owner of the common open
space lands.
D.
The organization shall have or hire adequate staff to administer
common facilities and maintain the common open space.
2.
Failure of Organization to Perform Properly. See the provisions of
Section 705(f) of the MPC.
3.
Payment of Maintenance Costs of Township. See the provisions of Section
705(f) of the MPC.
4.
Public Dedication of Common Open Space. An offer of dedication of
common open space made by the developer in the development plan before
the establishment of any organization responsible for common open
space areas which is accepted by the Township shall constitute a fulfillment
of responsibility for providing and maintaining common open space
areas. No such dedication shall be deemed to have been accepted by
the Township unless the Board of Commissioners takes formal action
to accept the dedication.
1.
A PRD may be developed in stages if the following standards are met:
A.
The location and approximate time of construction of each stage is
clearly marked on the development plan.
B.
At least 15% of the dwelling units in the development plan are included
in the first stage.
C.
At least 33% of the dwelling units are rented or sold before any
commercial development is completed.
D.
All stages shall be completed consistent with the development plan
and shall be of such size and location that they constitute economically
sound units of development. In no event shall any one stage contain
less than 15% of the total dwelling units included in the development
plan.
E.
Density. To encourage flexibility of housing density, design and
type in accord with the purposes of this chapter, gross residential
density may be varied from stage to stage. A gross residential density
in one stage which exceeds the permitted average gross residential
density for the entire PRD must be offset by a gross residential density
less than the permitted average gross residential density for the
entire development in any completed prior stage, or there must be
an appropriate reservation of common open space on the remaining land
by a grant of easement or covenant in favor of the Township, which
specifies the amount and, if necessary, the location of the common
open space.
1.
Tentative and final plans for a PRD shall each be reviewed by the
Township Planning Commission and be subject to approval, conditional
approval or denial by the Board of Commissioners.
A.
Application for Tentative Approval.
(1)
An application for tentative approval on a form prescribed by
the Township shall be executed by or on behalf of the landowner and
filed with the Township, in quadruplicate. An initial deposit following
the Township schedule of fees shall be paid upon filing of the application,
to be applied against the expenses of the Township in processing the
application. Additional deposits shall be made from time to time by
the developer as requested by the Township to cover actual expenses
incurred by the Township.
(2)
The application for tentative approval shall be accompanied
by and include plans, documents and studies which contain or illustrate
the following information:
(a)
The location, size and topography of the PRD site.
(b)
The nature of the landowner's interest in the PRD.
(c)
The proposed land use areas within the PRD, distinguishing between
types of residential, nonresidential and open space uses.
(d)
The land use density of each land use within the PRD and the
average gross residential density for the entire PRD.
(e)
The use and approximate height, bulk and location of existing
and proposed buildings and other structures.
(f)
The location, function, size, ownership, proposed facilities
and entity to be responsible for maintenance of the common open space.
(g)
The location, rights-of-way and cartway widths of existing and
proposed streets and the location and capacity of areas for the parking
of vehicles.
(h)
The feasibility of proposals for water supply and sanitary sewage
and stormwater disposition systems.
(i)
The proposed location of all utility lines.
(j)
The substance of covenants, grants of easements or other restrictions
to be imposed upon the use of land, buildings and structures, including
proposed grants and/or easements for common open space areas and public
utilities, and the legal form of provision thereof.
(k)
In the case of plans which call for development in stages, a
schedule showing the approximate time within which applications for
final approval of each stage of the PRD are intended to be filed and
the approximate number of dwelling units, types of dwelling units
and gross residential density for each type of dwelling unit planned
for each stage. The schedule shall be updated annually on the anniversary
of submission for tentative approval.
(l)
A site map or maps at one inch equals 100 feet, or at such other scale as may be preapproved by the Township Engineer, delineating the hydrology, geology, soils, topography and vegetation of the site as explained in § 27-906. The combined impact of the natural features upon the development potential of each specific area of the site shall be clearly illustrated on the map or maps at the same scale as the required site plan.
(n)
A site plan of one inch equals 100 feet, or at such other scale
as may be preapproved by the Township Engineer, showing contour lines
at vertical intervals preapproved by the Township Engineer.
(o)
Approximate location, size and material of all sanitary sewer,
water supply and storm drainage system lines, and any proposed connection
to existing public facilities.
(p)
A plan at one inch equals 800 feet illustrating the relation
of the proposed PRD to the surrounding area and all existing developments
within 1,000 feet of the PRD.
(q)
In the case of plans which call for development in stages, a
plan at one inch equals 100 feet, or at such other scale as may be
preapproved by the Township Engineer, delineating each stage or section
of the PRD, consecutively numbered so as to illustrate phasing of
development.
(r)
A written statement by the landowner setting forth the reasons
why, in his opinion, the PRD would be more in the public interest
than conventional development of the tract.
(s)
Such other plans, maps, studies and documentation which may
be required to comply with the terms of this Part or which the Township
may reasonably request at any stage in the proceedings to determine
compliance with Township ordinances.
B.
Planning Commission Review. One copy of every application for tentative
approval received by the Township shall be promptly forwarded to the
Township Planning Commission and to the Lehigh Valley Planning Commission
(LVPC) for recommendation. Any report and recommendation received
from the Township Planning Commission or the LVPC shall forthwith
be made available to the landowner. Any report or recommendation of
the Township Planning Commission or LVPC shall be advisory only, and
the failure of either of said Commissions to furnish a report or recommendation
to the Township shall not give rise to any presumptions or inferences.
C.
Public Hearing. See Section 708 of the MPC.
D.
Tentative Decision and Findings. See Section 709 of the MPC.
E.
Timetable for Filing Final Approval. See Section 709(c) of the MPC.
F.
Status of Plan after Tentative Approval. See Section 710 of the MPC.
G.
Application for Final Approval.
(1)
See Section 711 of the MPC.
(2)
The application for final approval shall include a final plan at a scale of 50 feet to the inch or other scale preapproved by the Township Engineer. If the final plan is drawn in two or more sections, a key map showing the location of the several sections shall be placed on each sheet. The final plan shall meet all requirements of a final major subdivision plan, as stated in the SALDO [Chapter 22]. In addition, the final PRD plan shall include the following:
(a)
Source of title to the land of the development as shown by the
records in the Recorder of Deeds' office.
(b)
Accurate boundary lines, with dimensions and bearings which
provide a survey of the tract, closing with an error of not more than
one foot in 10,000 feet.
(c)
Total number of lots, lot lines and lot numbers, where applicable,
within the development, with distances accurate to the nearest hundredth
of a foot.
(d)
Total acreage of the development, land uses in each area, total
number of buildings and dwelling units, number of each type of dwelling
unit, average gross residential density and gross residential density
in each section.
(e)
Building coverage lines accurately locating all types of dwelling
units and nonresidential buildings and structures, giving dimensions
of the buildings and structures, distances between buildings and structures,
distances to street right-of-way lines and parking areas, with distances
accurate to the nearest hundredth of a foot.
(f)
Accurate dimensions of common open space areas specifically
indicating those areas to be preserved in their natural state and
those areas to be developed for active recreation. Where common open
space areas are to be developed, the exact location of structures
in common open space areas shall be illustrated.
(g)
Locations and dimensions of parking areas and pedestrian walkways.
(h)
Location and dimensions of easements for utilities and any limitations
on such easements.
(i)
The following certificates:
1)
Certification, with seal, by a registered engineer and land
surveyor to the effect that the survey and plan are correct.
2)
Certificate for approval by the Board of Commissioners.
3)
Certificate of dedication of streets, public facility sites
or common open space when such dedication is proposed.
(3)
Phasing. In the case of a PRD proposed to be developed over a period of years, final plan requirements listed in Subsection A(2)(f) through (m) shall apply only to the section for which final approval is being sought; provided, however, that the final plan presented for this section to be developed must be considered as it relates to information regarding densities and types of dwelling units, location of common open space, sanitary sewer and water distribution systems, and street systems presented for the entire development in the application for tentative approval.
(4)
The final plan shall be accompanied by the following materials:
(b)
All covenants running with the land governing the reservation
and maintenance of dedicated or undedicated open space land. These
shall bear the certificate of approval of the Township Solicitor as
to their legal sufficiency.
(c)
Restrictions of all types which will run with the land and become
covenants in the deeds of lots shown on the final plan.
(d)
Such certificate of approval by authorities as have been required
in this chapter, including certificates approving the water supply
system and the sanitary sewer system.
(5)
Improvement Guarantees. In order to guarantee the installation of improvements as set forth in § 27-907 through § 27-909 and in the SALDO [Chapter 22], to the extent to which said regulations apply, the final plan shall be accompanied by one of the following:
H.
Procedure after Application for Final Approval. See Section 711 of
the MPC.
1.
See Section 712.2 of the MPC.
2.
Enforcement. To further the mutual interest of the residents of the
PRD and of the public in the preservation of the integrity of the
development plan, as finally approved, and to ensure that modifications,
if any, in the development plan shall not impair the reasonable reliance
of the said residents upon the provisions of the development plan,
as approved, nor result in changes that would adversely affect the
public interest, the enforcement and modification of the provisions
of the development plan as finally approved, whether those are recorded
by plat, covenant, easement or otherwise, shall be subject to the
following provisions:
A.
The provisions of the development plan relating to: (1) the use,
bulk and location of buildings and structures; (2) the quantity and
location of common open space, except as otherwise provided in this
chapter; and (3) the intensity of use or the density of residential
units, shall run in favor of the Township and shall be enforceable
in law or in equity by the Township, without limitation on any powers
of regulation otherwise granted the Township by law.
B.
All provisions of the development plan shall run in favor of the
residents of the PRD but only to the extent expressly provided in
the development plan and in accordance with the terms of the development
plan, and to that extent said provisions, whether recorded by plat,
covenant, easement or otherwise, may be enforced by law or equity
by said residents acting individually, jointly or through an organization
designated in the development plan to act on their behalf; provided,
however, that no provisions of the development plan shall be implied
to exist in favor of residents of the PRD except as to those portions
of the development plan which have been finally approved and have
been recorded.
3.
Modifications. All those provisions of the development plan authorized
to be enforced by the Township under this section may be modified,
removed or released by the Township, except grants or easements relating
to the service or equipment of a public utility, subject to the following
conditions:
A.
No such modification, removal or release of the provisions of the
development plan by the Township shall affect the rights of the residents
of the PRD to maintain and enforce those provisions, at law or in
equity, as provided in this section.
B.
No modification, removal or release of the provisions of the development
plan by the Township shall be permitted except upon a finding by the
Board of Commissioners, following a public hearing thereon pursuant
to public notice called and held in accordance with the provisions
of this Part, that the same is consistent with the efficient development
and preservation of the entire PRD, does not adversely affect either
the enjoyment of land abutting upon or across the street from the
PRD or the public interest, and is not granted solely to confer a
special benefit upon any person.
C.
Residents of the PRD may, to the extent and in the manner expressly
authorized by the provisions of the development plan, modify, remove
or release their rights to enforce the provisions of the development
plan, but no such action shall affect the right of the Township to
enforce the provisions of the development plan in accordance with
the provisions of this section.
