[Ord. 331, 11/17/1999, § 10.100]
1.
Definition. A planned residential development is a large area of
land controlled by one landowner (individual, group or corporation),
to be developed as an integrated whole for residential and nonresidential
supporting uses, utilizing a greater density and latitude of building
types and arrangement than would be permitted by the terms of this
chapter in the Residential Zone District where proposed and by the
Harmar Township subdivision regulations. A planned residential development
presumes a significant area of the land is set aside for permanently
open space, either under the control of the property owners in the
plan, or as an extension of publicly owned park land, and also presumes
parts of the site would be difficult or impossible to develop using
conventional means because of steep slopes, floodplains or wetlands.
2.
Purposes of a Planned Residential Development.
A.
To foster innovation in residential development and renewal which
will produce a variety in type, design and layout of buildings, circulation
systems and open space.
B.
To encourage a more creative and efficient use of open space, land
and community services.
C.
To provide a framework within which uses other than residential,
but in support of the basic residential use, can be considered.
D.
To establish a procedure to relate the proposed development to the
particular site and particular demand for housing consistent with
preservation of property values on the site and in the neighborhood.
E.
To put in place a procedure for the uniform and rapid disposition
for planned residential development proposals.
3.
Grant of Power.
A.
The Board of Supervisors shall have final authority on all planned
residential developments and shall call and hold a public hearing
pursuant to public notice before making a final decision.
B.
The Planning Commission shall review all planned residential development
proposals, utilizing the report of the Township Engineer, and shall
submit written recommendations to the Board of Supervisors at the
preliminary plan stage.
4.
Location and Criteria.
A.
Planned residential developments shall be considered a conditional
use, and may be proposed for sites in the R-1, R-2 or R-3 Zone Districts.
B.
The planned residential development plan is intended to be a reasonable
departure from conventional development regulations and to allow the
fitting of construction to the site with minimal rearrangement of
the site surface and disturbance of the natural cover, including trees.
C.
A planned residential development shall be encouraged where steep
slopes, flood hazard areas, wetlands or significant woods might be
destroyed or seriously impacted by conventional subdivision, or where
an existing park may be expanded or substantial new usable park, recreation
or conservation area may be created.
D.
A planned residential development should not be encouraged where
the site has no natural barriers to full development and will not
add to the inventory of usable open spaces in the Township.
[Ord. 331, 11/17/1999, § 10.200; as amended by
Ord. 338, 7/19/2000, § I; by Ord. 344, 10/28/2002, § 1;
and by Ord. 362, 7/25/2005, § 5]
1.
Uses Permitted Within a Planned Residential Development, by Zone
District.
|
R-1
|
R-2
|
R-3
| |
|---|---|---|---|
|
Single-family detached dwelling
|
X
|
X
|
X
|
|
Two-family detached dwelling
|
X
|
X
|
X
|
|
Attached single-family dwelling
|
X
|
X
|
X
|
|
Garden apartment building
|
X
| ||
|
Churches and other places of worship
|
X
|
X
| |
|
Schools accredited by the commonwealth
|
X
|
X
|
X
|
|
Municipal and public utility structure and/or facility
|
X
|
X
|
X
|
|
Personal care or retirement home
|
X
|
X
|
X
|
|
Day-care center
|
X
|
X
|
X
|
|
Community/recreation center to serve the planned development
|
X
|
X
|
X
|
|
Private or group parking facility
|
X
|
X
| |
|
Retail sales and service business
|
X
|
X
|
2.
Notes on Above Permitted Uses.
A.
Attached single-family dwellings or townhouses shall be limited to
no more than eight attached in a group, with the length of the group
not exceeding 175 feet.
B.
Churches includes education facilities, social hall and parking lot.
C.
Schools includes public and private schools from kindergarten through
grade 12 but does not include commercial or trade schools.
D.
Municipal and public utility structures and facilities include equipment
within a public water or sewer system, stormwater facility, or gas,
electric, cable TV or telecommunication network, as well as a public
park or playground but does not include an office, warehouse, storage
yard or parking lot.
E.
Personal care or retirement home shall not include a facility for
mentally or physically challenged or for those under treatment for
alcohol or drug abuse or in transition from a jail term.
F.
Community/recreation center may include one or more buildings, playfields,
playgrounds, tennis/basketball courts and/or swimming pool.
G.
Retail sales and service business may include a delicatessen, dry
cleaning and/or laundry pickup, office of an individual professional
practitioner, such as a doctor, dentist, chiropractor, lawyer, architect
or engineer, pharmacy, barber and/or beauty shop, provided no establishment
has a floor area exceeding 2,000 square feet, plus off-street parking.
3.
Bulk and Dimensional Standards by Zone District.
|
R-1
|
R-2
|
R-3
| |
|---|---|---|---|
|
Minimum site size in acres
|
20
|
5
|
3
|
|
Maximum number of dwellings per acre, using entire site
|
3
|
6
|
9
|
|
Maximum building coverage of site, as a percent of total area
|
8%
|
15%
|
20%
|
|
Maximum percent of total area that may be occupied by retail
or service businesses and parking
|
0%
|
8%
|
10%
|
|
Maximum percent of total area that may be occupied by personal
care and retirement homes
|
8%
|
12%
|
15%
|
4.
Notes on Above Dimensional Standards.
A.
Site size shall include the entire area of the property to be occupied
by the planned residential development except for existing public
street rights-of-way.
B.
Maximum building coverage shall mean the total area occupied by all
buildings, both existing and to be erected on the site.
C.
Maximum percent of total area that may be occupied by retail or service
business shall mean all that area that is leased or sold for retail
and/or service business use, including parking lots.
D.
Maximum percent of total area that may be occupied by personal care
and retirement homes shall mean all that area that is leased or sold
for construction of buildings containing at least three apartments
each for personal care or retirement use.
5.
Lot Size, Setbacks and Building Separation.
A.
Minimum Lot Size and Minimum Setbacks for One- and Two-Family Detached
Dwelling Lots.
|
R-1
|
R-2
|
R-3
| |
|---|---|---|---|
|
Lot size in square feet
|
7,500
|
5,000
|
3,200
|
|
Front yard depth in feet
|
20
|
20
|
20
|
|
Side yard depth in feet
|
10
|
7
|
5
|
|
Rear yard depth in feet
|
20
|
15
|
10
|
B.
Minimum Separation of Attached Dwellings and Townhouses.
(1)
Front or rear long walls of two buildings face each other: 50
feet.
(2)
Front or rear long wall of one building faces end wall of a
second building: 35 feet.
(3)
End walls of two buildings, with at least one wall containing
windows opening into one or more apartments: 35 feet.
(4)
End walls of two buildings, with neither wall containing any
windows opening into an apartment-20 feet.
(5)
Walls of adjacent buildings shall be considered as facing each
other if they are parallel or form an angle of not more than 45°.
(6)
If long walls would overlap by 10 feet or less if extended along
planes at right angles to such walls to intercept, such walls may
be separated by not less than 20 feet.
(7)
When building walls are not parallel to each other, the average
distance between them, measured at right angles to one of the walls,
shall be not less than the required minimum distance if the walls
were parallel.
(8)
In no case shall two buildings be separated by less than 20
feet.
(9)
Minimum distances shall be construed as the shortest dimension
between two buildings, including projecting balconies.
(10)
The above dimensional standards assume a rectangular structure
with most or all windows opening into dwellings on front and back
long walls. When structures are irregularly shaped, an average separation
distance may be used or a compromise distance agreed upon at the Planning
Commission's discretion.
C.
Setbacks Along Property Lines or Boundaries of Use Areas.
(1)
Single-family detached dwelling or two-family dwelling lot abutting
site property line, in feet:
|
R-1
|
R-2
|
R-3
| |
|---|---|---|---|
|
Side yard
|
20
|
15
|
10
|
|
Rear yard
|
50
|
40
|
30
|
(2)
Townhouse or garden apartment building abutting site property
line, in feet:
|
R-1
|
R-2
|
R-3
| |
|---|---|---|---|
|
Long wall faces property line
|
50
|
40
|
30
|
|
End wall faces property line
|
30
|
25
|
20
|
(3)
Townhouse or garden apartment building abutting a single-family
detached or two-family dwelling lot within the planned residential
development, in feet:
|
R-1
|
R-2
|
R-3
| |
|---|---|---|---|
|
Long wall faces property line
|
40
|
35
|
30
|
|
End wall faces property line
|
20
|
20
|
20
|
6.
Recreation Requirements.
A.
An area or areas totaling at least 5,000 square feet in area but
no less than to provide 200 square feet for each dwelling unit shall
be set aside by the developer in the plan convenient to the residents
for recreation purposes.
B.
Such areas shall be located on land that does not slope at any place
more than 6% and shall be provided with appropriate play equipment,
benches and walkways.
C.
Such areas may be located in the common open space provided no trees
over six-inch caliper are removed and only minimal grading is required.
7.
Miscellaneous Development Standards.
A.
The alignment and construction of streets within any planned residential
development shall be in accordance with the Township's street construction
standards, whether or not such streets are to become public streets.
B.
All structures in a development that are attached to a water supply
shall be connected to public sewage disposal and water supply systems.
C.
All electric, telephone, cable TV and telecommunications lines shall
be placed underground, but equipment may be pad-mounted if screened
by landscaping.
D.
Each dwelling unit shall be provided with off-street parking spaces
within 200 feet of the entrance of the dwelling building served. Every
single-family detached dwelling, each unit in a two-family building
or townhouse shall have two spaces. Each dwelling in a garden apartment
building shall require 1 1/2 spaces. All parking spaces shall
be at least nine feet wide by at least 18 feet long and placed on
a dust-free stabilized surface.
E.
All areas of the site not covered by buildings, structures, or paved
surfaces shall be either planted in natural materials or left in the
state existing prior to development, except that poisonous or irritating
plants shall be removed from the site.
[Ord. 331, 11/17/1999, § 10.300]
1.
Common open space shall include land whose slope exceeds 25%, floodplains
as indicated on the Township's flood hazard boundary maps, wetlands,
rock outcrops, dense areas of mature trees, stormwater management
facilities, parks and playgrounds and inaccessible areas of the site.
2.
To the extent possible within the plan, common open space areas shall
be connected or may be one large area, and no separate area shall
be less than an acre in size. Common open space areas shall have at
least one vehicular and one pedestrian access way from a street. Vehicular
access shall be for maintenance only.
3.
Common open space areas shall be indicated as a separate property
or properties on the site development and subdivision plans, and designated
thereon as "common open space."
4.
The landowner/developer may offer all or a part of the common open
space at no cost to the Township for purposes of expanding an existing
recreation park or conservation area or creating a new such facility.
5.
Areas designated "common open space" shall be held by the landowner
until deeded to an association of homeowners made up of all the property
owners in the plan. The by-laws shall include the voting power of
the residents, the methods to apply assessments, the election of officers
and the mechanism that will bind the association to perpetual maintenance
of the common open space.
6.
The association shall be responsible for the maintenance of improvements
in the plan, including the open space, that are not under the jurisdiction
of a public body. Expenses may also include administrative, legal,
auditing and insurance. The association may develop recreation facilities
within the common open space for the residents of the plan, but may
not deed or sell any portion of the common open space except to the
Township, school district or a public authority.
7.
If the association fails to maintain the common open space, the Board
of Supervisors may serve written notice upon the association, or,
if it no longer functions, the plan residents, noting the deficiencies
in maintenance and requiring their correction within 30 days. The
notice shall also state that a hearing will be held before the Board
within 14 days after the date of the notice. At the hearing the association
or residents may state why maintenance has not occurred and the Board
may modify the terms of the notice and/or extend the time to make
corrections.
8.
If the deficiencies are not corrected within 60 days after the hearing,
the Township may enter the common open space and maintain it for a
period of one year, at the end of which the Board shall call a second
hearing, with notice to the association or residents, at which the
association or residents shall show why the Township should cease
maintenance based on the ability of the association or residents to
again provide adequate maintenance. The process may be repeated annually
until the Township is satisfied its involvement is no longer needed.
9.
The Township's entrance into the common open space shall not constitute
a taking of land and shall not entitle the public to use the common
open space. The cost of maintenance by the Township shall be assessed
equally by the Township against the properties within the planned
residential development and shall be a lien on such properties, to
be filed by the Township with the Allegheny County Prothonotary at
the time of the Township's commencement of maintenance.
[Ord. 331, 11/17/1999, § 10.400; as amended by
Ord. 362, 7/25/2005, § 6]
1.
The application for tentative approval shall be submitted by the landowner to the Township Engineer, and shall include all the materials required by § 27-1005 below at least 28 days prior to the next regular meeting of the Planning Commission, at which the application will be considered. The Engineer shall review the application for completeness and may advise the preparer of the application of deficiencies or omissions so that these may be corrected prior to the Commission meeting. The Engineer may report to the Commission any problems he foresees regarding the plan.
2.
The applicant shall provide five copies of the application, updated
after the Engineer's review, to the Planning Commission at its next
meeting. The Commission shall review the application and the Engineer's
comments and shall recommend to the Board of Supervisors that the
application be approved as submitted, approved with certain specific
changes, or denied.
3.
The date of filing of the application shall be the date of the Planning
Commission meeting. Within 60 days after the filing, the Board of
Supervisors shall call and hold a public hearing on the application,
pursuant to public notice. The hearing may be continued to a later
date or dates but shall be concluded not later than 60 days after
first being convened. Notice of the hearing shall appear twice, once
in each of two consecutive weeks in a newspaper of general circulation
in the Township, the second time not less than seven days before the
hearing, and shall announce the date, time, place, and purpose of
the hearing and the times and place when and where the application
may be examined prior to the hearing. In addition, the property on
which the planned residential development is proposed shall be posted
in at least one prominent place with the same information contained
in the notice at least seven days before the hearing.
4.
The Board shall conduct the hearing. The Chairman may administer
oaths and compel the attendance of witnesses. All testimony shall
be given under oath and every party of record shall have the right
to cross examine adverse witnesses. A verbatim record shall be made
but costs of copying shall be borne by those requesting copies. All
exhibits accepted in evidence shall be identified and preserved until
the conclusion of the hearing.
5.
Not later than 60 days after the conclusion of the last hearing,
the Board shall officially notify the landowner in writing that the
Board has either:
6.
If conditions are attached to approval, the applicant may either:
7.
The official written grant or denial of tentative approval shall
include not only conclusions but also findings of fact related to
the specific proposal and shall set forth the reasons for approval
or denial and any attached conditions to approval, as well as specific
reasons why the plan would or would not be in the public interest
on the proposed site including, but not limited to, the following:
A.
In those respects in which the development plan is or is not consistent
with the Comprehensive Plan for Harmar Township.
B.
The extent to which the development plan departs from zoning and/or
subdivision regulations otherwise applicable to the subject property,
including, but not limited to, density, bulk and use, and the reasons
why such departure is or is not deemed to be in the public interest.
C.
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.
D.
The physical design of the development plan and the manner in which
the design does or does not make adequate provision for public services,
provides adequate control over vehicular traffic, and furthers the
amenities of light and air, and visual enjoyment.
E.
The relationship, beneficial or adverse, of the proposed planned
residential development to the neighborhood in which it is proposed
to be established.
F.
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.
8.
In the event a development plan is granted tentative approval, with
or without conditions, the Township 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 a 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 developments 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.
9.
The official written communication detailed in Subsection 7 shall be filed by the Secretary of the Township. A certified copy shall be mailed to the landowner. When tentative approval has been granted, this action shall be immediately recorded on the official Harmar Township Zoning Map outlining the site and designating it "PRD."
[Ord. 331, 11/17/1999, § 10.500]
1.
A written statement by the landowner setting forth the reasons why,
in his opinion, a planned residential development would be in the
public interest and would be consistent with the Comprehensive Plan
for the development of Harmar Township.
2.
A site plan with supporting documentation showing at least the following:
A.
The location of the site relative to major streets and landmarks
on an inset map; the total size of the site in acres to the nearest
hundredth of an acre with the length and bearing of each tangent and
arc of the site boundary in feet taken from the deed description or
a survey; and existing topography in two-foot contour intervals.
B.
The division of the property into development areas, and the number
of dwelling units, acres, and dwelling units per acre in each area.
C.
The location of all parts of the common open space, the area of each
part in acres, the total acreage, and an outline of the by-laws of
the homeowners' association and its duties regarding the common open
space and other commonly held assets.
D.
The location, and dimensions and height in feet, as well as the proposed
use of each existing to remain and new building on the site.
E.
The approximate location of existing and proposed sanitary sewer
and water lines to serve the site; the location of the drainage lines
and stormwater management system; and assurances from the suppliers
of water and sewage disposal that the plan as fully developed can
be accommodated.
F.
The location of easements within the site for the use of public utilities
or other purposes; and restrictions to be imposed on any lands or
buildings in the development.
G.
The location of public and/or private streets within and abutting
the site, noting name, right-of-way and pavement width; parking lots
for use by other than one or two-family dwellings, indicating circulation
within the lot and the number of spaces to be provided in each lot.
H.
The general location of landscaping on the site in terms of existing
tree groups to remain and proposed mass plantings to screen or enhance
the site.
3.
In the case of plans which call for development over a period of
years, a schedule shall be provided showing the proposed times within
which applications for final approval of each section of the planned
residential development is intended to be filed, such schedule to
be updated annually, on the anniversary of its approval, until the
full development is completed and accepted.
4.
The Planning Commission may, at its discretion, require a traffic
study to be prepared at the expense of the landowner or applicant
if it is clear the project will have a significant impact on roads
adjacent to and near the project. Such study shall address existing
traffic volumes and volumes generated by the project, particularly
with reference to intersections providing access to the project, and
shall recommend specific improvements to alleviate congestion at intersections
and on adjacent roads.
[Ord. 331, 11/17/1999, § 10.600]
1.
Tentative approval of a development plan shall not qualify 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, or which has been given tentative approval with conditions acceptable to the landowner, shall not be modified or revoked nor otherwise impaired by action of Harmar Township pending an application or applications for final approval without the consent of the landowner, provided an application 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 § 27-1004, Subsection 8, above.
2.
If a development plan is given tentative approval, and thereafter,
but prior to final approval, the landowner elects to abandon the development
plan and so notifies Harmar Township in writing, or in the event the
landowner shall fail to file an 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 the zoning regulations
that applied prior to tentative approval of the development plan,
or as they may have been amended from time to time, and the same shall
be noted on the Township Zoning Map and in the records of Harmar Township.
[Ord. 331, 11/17/1999, § 10.700]
1.
An application for final approval may be for all the land included in a development plan, or, to the extent set forth in the tentative approval, for a section thereof. The application shall be made to the Township Secretary within the time or times specified by the official written communication granting tentative approval. The application shall include the documents required by § 27-1008 as well as any covenants, easements, performance bonds and conditions set forth in the official written communication at the time of tentative approval. A public hearing on an application for final approval of the development plan, or part thereof, shall not be required provided the development plan, or the part thereof submitted for final approval, is in compliance with the development plan theretofore given tentative approval and with any specified conditions attached thereto.
2.
The application for final approval shall be forwarded immediately
by the Secretary to the Township Engineer who shall determine if there
are any deviations from the plan that was given tentative approval
and if all conditions of tentative approval have been incorporated
into the final plan. The Engineer may advise the plan preparer of
any deviations or omissions he finds so these may be corrected prior
to submission to the Board of Supervisors.
3.
The applicant shall provide copies of the final plan application
together with the Engineer's review comments at the Board's next regular
meeting, which shall be considered the date of filing.
4.
In the event the application for final approval has been filed together
with all drawings, specifications and other documents in support thereof,
and as required by this chapter and the official written communications
of tentative approval, the Board of Supervisors shall, within 45 days
of such filing, grant such development plan final approval and authorize
the issuance of building permits.
5.
In the event the final plan as submitted contains variations from
the development plan given tentative approval, the Board of Supervisors
shall refuse to grant final approval and shall, within 45 days from
the filing of the application for final approval, so advise the landowner
in writing of said refusal, setting forth the reasons why one or more
of the variations are not in the public interest. In the event of
such refusal, the landowner may either:
6.
If the landowner wishes to take either such alternate action he may do so within 30 additional days after being informed of the Board's action. In the event the landowner shall fail to take either of these alternate actions within the specified time, he shall be deemed to have abandoned the development plan. Any such public hearing shall be held pursuant to public notice within 30 days after request for the hearing is made by the landowner, and the hearing shall be conducted in the manner prescribed in § 27-1004, Subsection 4 above. Within 30 days after the conclusion of the hearing, the Board shall by official written communication either grant final approval to the development plan or deny final approval.
7.
A development plan, or any part thereof, which has been given final
approval shall be so certified without delay by the Board and shall
be filed immediately in the office of the Allegheny County Recorder
of Deeds before any development shall take place. Upon filing the
development plan, the zoning and subdivision regulations otherwise
applicable to the land included in the plan shall cease to apply.
Pending completion within a reasonable time of the planned residential
development or of any approved part, as the case may be, no modification
of the provisions of the development plan or part thereof as finally
approved, shall be made by the Township except with the consent of
the landowner.
8.
In the event that a development plan, or a section thereof, is given
final approval and thereafter the landowner abandons such plan or
the section thereof that has been finally approved, and shall so notify
the Board of Supervisors in writing or, in the event the landowner
shall fail to commence and carry out the planned residential development
within the time limitations contained in the tentative approval, no
further development shall take place on the property included in the
development plan until after the property is re-subdivided and is
reclassified by enactment of an amendment to this chapter, unless
written request for an extension of the time period is granted by
the Board of Supervisors to the landowner.
[Ord. 331, 11/17/1999, § 10.800]
1.
Graphic presentation including maps showing:
A.
The location of the site relative to major landmarks; outline of
the area to be considered for final approval within area given tentative
approval, and location of later areas indicating approximate dates
when each later area will be submitted for final approval.
B.
The name and address of the landowner, the developer and the preparer
of the application documents, including the latter's professional
seal; the names of owners of record of abutting land and land directly
across an intervening street; name of the proposed planned residential
development; scale of each plan, profile or other drawing; north arrow,
and date plans were prepared and dates of later revisions.
C.
The location of permanent monuments marking corners of the plan and
street right-of-way edges.
D.
The location and alignment of existing streets abutting the development
and new streets to be created in the plan, indicating name of street,
right-of-way width and pavement width, sidewalks with width and location;
cross section of new streets showing thickness and width of materials,
sidewalks, slopes, drainage swales, etc.
E.
The location of each lot, including those to be dedicated to the
homeowners' association or to a public body, each such lot numbered
consecutively for each segment of the plan to be developed, with lot
area, boundary bearings and distances, street setback line, use of
the lot including number of dwelling units, and the approximate location
of buildings other than one- or two-family homes.
F.
The location of public utilities as follows:
(1)
Sanitary sewers, showing sewers to serve each lot, size of each
sewer line, entrance point or points of the system in the development
into existing sewer lines, manholes numbered to correspond with profiles,
pump stations and force mains, if any, and direction of flow in each
sewer line.
(2)
Potable water, showing lines to serve each lot, entrance point
or points connecting to existing water lines, size of each water line,
and water storage vessels, if any.
(3)
Storm drainage, showing each storm sewer line by size and direction
of flow, entrance to existing storm sewer, storm inlets numbered to
correspond with profiles, detention basin or basins, including cross-sections,
details to illustrate design, and calculations used to size the facility.
(4)
Equipment pad-mounted or in vaults to serve electric, telephone,
cable TV, etc., indicating location and size of facility.
(5)
Easements for public utilities or access to common open space,
indicating width, location and purpose of each.
G.
Profiles of street, sanitary sewer and storm drainage sewer center
lines, showing the finished grade, depth of each sewer line, manholes
and inlets numbered to correspond with plans, slope of each street
segment and sewer lines, with transition curves noted on streets,
length of each sewer line between manholes or inlets and station points
along road segments to correspond with plan.
H.
Site grading showing existing contours to remain and new contours
to accommodate the land at two-foot intervals throughout the site.
I.
Parking lots to serve garden apartments, townhouses, retail and service
business development and community uses, showing each parking space,
circulation into and within the parking lot, and sidewalks leading
to entrances of buildings served by the parking.
2.
Written documentation attesting to the following:
A.
Copy of property deed showing that applicant is the landowner, including
any mortgage holder.
B.
Statement by owner dedicating streets, rights-of-way and sites for
public uses.
C.
Letters from public bodies supplying water and removing sanitary
sewage that they will permit access to their systems.
D.
Bond or escrow account in favor of Harmar Township guaranteeing construction
of streets, storm sewers and other improvements to become public as
well as stormwater detention facilities and common open space improvements.
E.
Approval from PennDOT for curb cuts to access a state highway if
one or more abut the site.
[Ord. 331, 11/17/1999, § 10.900; as amended by
Ord. 344, 10/28/2002, § 2]
1.
The provisions of the development plan relating to the use, bulk
and location of buildings and structures, the quantity and location
of open space, and the intensity of use and/or the density of residential
dwelling units shall run in favor of Harmar Township and shall be
enforceable in law or equity by the Township.
2.
The residents of the plan may also enforce the terms of the development
plan at law or equity, but only to the extent expressly provided for,
and in accordance with the development plan. The residents may act
individually, jointly or as a homeowners' association, but only if
the development plan, or the portion subject to the legal action,
has been finally approved and recorded.
3.
Any provision of the development plan over which the Board of Supervisors has authority (see Subsection 1 above) may be modified, removed or released except for grants or easements relating to the service or equipment of a public utility; provided that:
A.
The rights of the plan residents to maintain and enforce the plan's
provisions are not abrogated.
B.
C.
Planned residential development plans may be modified through the construction, reconstruction and repair of decks., porches, patios and similar unenclosed structures without the necessity of Board approval under Subsection 3B; provided, that this permission shall not supersede any deed restriction, covenant or agreement restricting the use of the land, nor any master deed, by-law or other document applicable to the association of homeowners in the plan or other related common interest ownership community, and that the modification complies with the following requirements:
(1)
The size of unenclosed structure does not exceed 30% of the
ground floor area of the subject dwelling.
(2)
The unenclosed structure is attached to the subject dwelling.
(4)
Thirty days' written notice of the proposed modification, including
a description of the size, location and design thereof, is provided
by certified mail to: (a) the association of homeowners in the plan,;
and (b) all owners of property in the plan located within 300 feet
of the property upon which the modification is proposed.
(5)
A written recommendation is obtained from the association of homeowners in the plan. The association's failure to provide such a written recommendation within 30 days of its receipt of the notice referenced in Subsection 3C(4) above will be deemed a favorable recommendation from the association.
4.
If the residents of the plan modify, remove or release their rights
to enforce the plan's provisions, this action shall not affect the
right of the Township to enforce provisions over which it has authority.
