[Ord. 215, 3/8/1976, § 601; as amended by Ord.
301, 12/30/1991, § 9]
1.
Definition of a Planned Residential Development. A planned residential
development is the utilization of a large property for residential
and residentially related purposes within a greater density and latitude
of building type and arrangement than would be allowed in normal subdivision
design; provided, that a compensating area of the property is set
aside for permanently open space, such as recreation or conservation
areas, in accordance with the controls of this chapter.
2.
Purposes of a Planned Residential Development.
A.
To encourage innovations in residential development which will produce
a greater variety in type, design and layout of residential buildings
and foster a more creative use of open space on the same site.
B.
To encourage a more efficient use of land and public services.
C.
To provide a procedure to relate type, design and layout of residential
development to a particular site consistent with the current demands
for housing in the Township and with the preservation of existing
and/or potential property values in areas surrounding the site.
D.
To provide a procedure for uniform and rapid disposition of proposals
for land development.
E.
To provide a framework within which uses other than residential but
in support of the basic residential use can be considered.
3.
Grant of Power. The Township Planning Commission is authorized to
review planned residential development application for the purpose
of making recommendations to the Board of Supervisors.
4.
Location of Planned Residential Developments.
A.
Planned residential developments shall be permitted in zoning districts where allowed by the Township Zoning Ordinance [Chapter 27] and shall be developed in accordance with controls of the Zoning Ordinance [Chapter 27] as to the bulk and dimensional requirements where such requirements are more restrictive than those in § 22-602, below.
[Ord. 215, 3/8/1976, § 602]
1.
Permitted uses shall be limited to:
A.
Single-family detached dwelling.
B.
Two-family detached dwelling or duplex.
C.
Townhouse group of no more than eight attached units or 175 feet
in length, whichever is less.
D.
Walk-up residential apartment buildings.
E.
Churches and other places of worship, including parish houses, educational
buildings and parking areas.
F.
Schools, both public and private, with parking, if such schools are
accredited by the commonwealth.
G.
Township and public utility service buildings, structures and facilities
to serve the planned residential development only.
H.
Community assembly halls, recreation centers and/or membership clubhouses
related to the planned residential development.
I.
Private or group garages and parking areas.
2.
Conditional uses allowed with the approval of the Planning Commission:
A.
Public utility service buildings, structures and facilities serving
an area greater than the planned residential development.
B.
Real estate sales and/or rental office serving the planned development
only.
C.
Private and semi-public swimming pools.
D.
Retail sales and service businesses to serve the planned residential
development only and limited to a delicatessen, dry cleaning and/or
laundry receiving station, doctor's and/or dentist's offices,
pharmacy, barber shop and/or beauty shop.
F.
Elevator residential apartment buildings.
3.
Bulk and Dimensional Requirements.
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R-1 Zone
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R-2 Zone
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R-3 Zone
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A.
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Minimum site size
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20 acres
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5 acres
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3 acres
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B.
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Minimum gross area per family elevator apartment buildings
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15,000 square feet
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7,500 square feet
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5,000 square feet
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C.
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Maximum building coverage of site
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8%
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15%
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25%
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(1)
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End walls face each other but contain no apartment windows:
20 feet.
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(2)
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End walls face each other and contain apartment windows: 35
feet.
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(3)
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End wall of one building faces principal facade (front or rear)
of neighboring building: 45 feet.
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(4)
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Principal facades (front or rear) of neighboring buildings face
each other: 60 feet.
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(5)
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Adjacent buildings may abut one another if the width of abutting
walls is not more than six feet and if the angle formed by the abutting
buildings is not less than 75° nor more than 105°.
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(6)
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Facades of adjacent buildings shall be considered as facing
each other if they are parallel or would, if extended towards one
another to intersect, form an angle of not more than 45°.
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(7)
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Connected groups of abutting buildings shall not exceed in total
length 300 feet.
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(8)
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Distances shall be construed as the shortest dimension between
any parts, including projecting balconies, of adjacent buildings.
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(9)
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The above standards assume a rectangular structure with typical
interior apartment arrangement. Where structures are irregularly shaped,
the distances between structures may be subject to compromise at the
Planning Commission's discretion.
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D.
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Front, side and rear yards along property lines shall be no
less than those required in the zone where the development is located,
except that where the principal facade of a building faces any required
yard, the facade shall be set back at least 50 feet and where any
facade of an elevator residential apartment building faces a required
yard, it shall be set back from the property line at least 50 feet
or a distance equal to the height of the building, whichever is greater.
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E.
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Any lots available for sale and development for single-family
buildings within a planned residential development shall be subject
to the same standards as for single-family lots in the zone in which
the development occurs.
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F.
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Maximum height of buildings, measured between the average finish
grade elevation and the top of the parapet on a flat roof building
or halfway between eave and ridge on a sloped roof building —
35 feet or three stories, whichever is less, except that such maximum
for an elevator residential apartment building shall be 120 feet.
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4.
Recreation Requirements.
A.
An area or areas at least 5,000 square feet in area but not less
than to provide 200 square feet for each dwelling unit shall be provided
convenient to the residential areas by the developer.
B.
Recreational areas shall be on land that does not slope at any point
more than 20% and shall be provided with appropriate play equipment,
benches and landscaping.
C.
The developer may provide a swimming pool and other recreational
facilities to be operated by him or by an association of residents
of the planned residential development.
5.
Miscellaneous Requirements.
A.
The alignment and construction of roads within any planned residential
development site shall be in accordance with these regulations.
B.
Sidewalks shall be surfaced with a nonskid, permanent material and
shall be placed upon a well-rolled crushed limestone base or equivalent
on undisturbed earth. Sidewalks shall be lighted so that all surfaces
receive an intensity of one footcandle.
C.
Each dwelling unit shall be provided with two off-street parking spaces within 200 feet of the dwelling thus served. Spaces shall be not less than nine by 18 feet in size and provided on a dust-free stabilized surface. Parking and loading areas shall be provided in accordance with the requirements in the Township Zoning Ordinance [Chapter 27].
D.
All areas of the site not covered by buildings or paved shall be
either planted in natural materials or left in the state existing
prior to development, except that growths harmful to humans shall
be removed from the site.
E.
All structures in any planned residential development shall be connected
to public sewage disposal and water supply systems.
F.
All electric and telephone lines and equipment within a planned residential
development shall be placed underground.
[Ord. 215, 3/8/1976, § 603; as amended by Ord.
278, 12/30/1987, § 3; and by Ord. 301, 12/30/1991, § 10]
1.
Application for Tentative Approval.
B.
In addition, the following written report shall be submitted concurrently
to include:
(1)
Density of land use to be allocated to various parts of the
site, such parts to be outlined on the plan.
(2)
The form of organization proposed to own and maintain the common
open space.
(3)
The feasibility of proposals for the disposition of sanitary
waste and stormwater.
(4)
The substance of any covenants, grants, easements or other restrictions
to be imposed upon the use of lands or buildings in the development.
(5)
A schedule showing the approximate dates when the developer
proposes to make application for final approval of various segments
of the development, such segments to be outlined on the plan and such
schedule to be updated annually on the anniversary of its initial
approval.
(6)
A statement prepared by the developer setting forth the reasons
why, in his opinion, a planned residential development on his site
would be in the public interest and would be consistent with the Comprehensive
Plan for the Township.
2.
Public Hearing.
A.
Within 60 days after the initial presentation of the development
plan, the Planning Commission shall call a public hearing, pursuant
to public notice, as defined in § 107 of Act 170 of 1988,
the Pennsylvania Municipalities Planning Code, as amended, 53 P.S.
§ 10107, for consideration of the development plan.
B.
The hearing may be continued from time to time but shall be concluded
no later than 60 days after the date at which it commenced.
3.
Procedure Following Public Hearing.
A.
The Planning Commission shall, within 30 days after conclusion of
the public hearing, inform the Board of Supervisors and the developer
in writing that the Planning Commission recommends either:
B.
Within 60 days after conclusion of the hearing held by the Planning
Commission, the Board of Supervisors will, by official written communication
to the developer, 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.
(3)
Deny tentative approval to the development plan.
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Failure to so act within said sixty-day period shall be deemed
to be a grant of tentative approval of the development plan as submitted.
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C.
In the event that tentative approval is granted subject to conditions,
the developer may, within 30 days after receiving a copy of the official
written communication of the Board of Supervisors, notify the 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.
D.
The Board of Supervisors, in its official written communication to
the developer, shall indicate not only its decision but also the reasons
for its decision and findings of fact and conclusions resolving:
(1)
The extent to which the development plan is consistent with
the Township Comprehensive Plan.
(2)
The extent to which the development plan departs from zoning
and subdivision regulations otherwise in force upon the site.
(3)
The purpose, location and amount of the common open space in
the development plan, the reliability of proposals for maintenance
and conservation of the common open space and the adequacy of the
amount and purpose of the common open space as related to the proposed
density and type of development.
(4)
The merits of the physical design including the manner in which
the design makes adequate provision for public services, provides
adequate control over vehicular traffic and further amenities of light
and air, recreation and visual enjoyment.
(5)
The relationship of the planned development to the neighborhood
in which it is proposed to be established.
(6)
The sufficiency of the terms and conditions governing the development
intended to protect the interest of the public and the residents of
the planned residential development if such development is carried
out over a period of years.
(7)
In what respects the development plan is or is not in the public
interest.
E.
In the event a development plan is granted tentative approval, with
or without conditions, the official written communication shall state
the time or times within which an application or applications for
final approval must be filed.
4.
Status of the Plan After Tentative Approval.
A.
The Secretary of the Township shall certify two copies of the official
written communication to the developer, retain one and mail one to
the developer.
B.
Where tentative approval has been granted, the location of the site
shall be noted on the Township Zoning Map, to be effective on final
approval.
C.
No modification of the development plan as submitted and accepted
by the Township and agreed to by the developer shall be permitted
nor shall the Township modify, revoke or otherwise impair the approval
without the consent of the developer provided the developer has not
violated any terms of the tentative approval.
D.
Should the developer abandon the development plan prior to filing
for final approval on all portions of the plan and so notifies the
Township Secretary, or if the developer fails to file applications
for final approval within the times stated in the tentative approval,
the tentative approval for those areas of the plan not yet given final
approval shall be deemed to have been revoked and such areas will
become again subject to local ordinances as undeveloped land and the
same shall be noted on the Township Zoning Map.
E.
The developer shall make application for final approval of the first
portion of the development plan not later than 90 days after being
granted tentative approval.
5.
Application for Final Approval.
B.
In addition, a written description shall be provided indicting changes
made in the plan if conditions regarding the plan where attached to
the tentative approval.
C.
Within 30 days after filing of the final plan, the Planning Commission
shall issue a written recommendation, to the Board of Supervisors
and the developer, as to whether final approval should be granted
and the reasons for its recommendation.
D.
Providing that a proper and complete application has been submitted
and that all conditions of the tentative approval have been met, the
Board of Supervisors shall grant final approval within 45 days after
the filing of the final approval application.
E.
If there are variations in the application for final approval when
compared with the plan given tentative approval, the Board of Supervisors
may refuse to grant final approval and shall so notify the developer
in writing not later than 45 days after the filing of said application,
indicating why such variations are not in the public interest. The
developer may then either:
(1)
Refile his application for final approval, without the variations.
(2)
File a written request with the Board of Supervisors for a public
hearing to consider his final approval application as submitted, such
hearing to be pursuant to public notice and held within 30 days after
request by the developer has been filed.
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If the developer wishes to take either such alternate action,
he may do so at any time within 90 days after the grant of tentative
approval or within 30 days after the date of the issuance of the written
decision refusing final approval, whichever time period is longer.
If the developer takes no action within the time required, the development
plan shall be deemed to have been abandoned.
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F.
If the developer requests a public hearing, the Planning Commission
shall hold such hearing. The hearing will be conducted in the manner
prescribed for public hearings on applications for tentative approval.
Within 15 days after conclusion of the hearing, the Planning Commission
shall inform the Board of Supervisors and the developer, in writing,
of its recommendation and the reasons therefor. Within 30 days after
conclusion of the hearing, the Board of Supervisors shall by official
written communication either grant or deny final approval of the development
plan. The grant or denial shall be in the form and contain the findings
required for decisions on an application for tentative approval.
G.
A development plan given final approval shall be certified immediately
by the Planning Commission and Board of Supervisors and shall be filed
within 15 days after grant of final approval in the office of the
County Recorder of Deeds, after which development of the site area
for which final approval has been granted may proceed.
H.
Upon filing of the development plan with the Recorder of Deeds, all
zoning and subdivision regulations previously applying to the area
recorded shall cease to apply to that area.
I.
If the developer abandons his development plan after final approval and so informs the Board of Supervisors, or fails to carry out the development within the time period agreed upon in the final approval, no further applications for final approval shall be considered by the Planning Commission for subsequent portions of the same site and no further development of such subsequent portions of the site shall be permitted until that area is reclassified and resubdivided by enactment of an amendment to the Township Zoning Ordinance [Chapter 27] and/or this chapter.
J.
When a sequence of development of a site takes place over a period
of years, the time between applications for final approval of each
part of the plan shall be not less than 12 months nor more than 30
months.
[Ord. 215, 3/8/1976, § 604]
1.
The developer shall satisfy the Planning Commission at the time of
application for final approval that all areas for which the final
approval is sought will be adequately maintained in perpetuity so
as not to cause a public nuisance.
2.
If the developer provides for establishment of an association of
residents of the planned residential development to own and maintain
common open spaces on the site, he shall indicate the organization
of such association, including bylaws, and the legal mechanism that
will bind such association to perpetual maintenance of the common
open space.
3.
In the event that the organization established to own and maintain
common open space, or any successor organization, shall fail to maintain
the common open space in reasonable order and condition, the Board
of Supervisors may serve written notice upon such organization or
upon the residents of the planned residential development setting
forth the deficiencies in maintenance, demanding that they be corrected
within 30 days and stating the time and place of a public hearing
to be held between 14 days and 30 additional days of the notice to
consider the deficiencies, at which time the deficiencies noted may
be modified or the time period for correction extended.
4.
If the deficiencies are not corrected within 60 days, the Township
may enter the common open space containing the deficiencies and maintain
the area for a period of 12 months, at the expiration of which the
Board of Supervisors shall call a second public hearing, with notice
to the organization and residents of the planned residential development,
at which the organization or the residents shall show cause why the
Township should cease maintenance based on the ability of the organization
or the residents to again discharge such responsibility in the future.
Public hearings shall be called thereafter not less frequently than
once per year to consider termination of Township maintenance until
such termination occurs.
5.
The decision to continue or cease maintenance shall lie with the
Township.
6.
The period during which the Township shall maintain common open space
shall not constitute a taking of land nor entitle the public to use
of such common open space unless so provided in the conditions establishing
the space.
7.
The cost of maintenance of common open space by the Township shall
be assessed ratably against the properties within the planned residential
development that have rights to the common open space and shall become
a lien on the properties, to be filed by the Township with the Prothonotary
of the county at time of entrance into the common open space.
