A.
It is the purpose of this article to encourage and promote flexibility
and ingenuity in the layout and design of new development, enabling
the developer to provide a variety of housing types and still maintain
the open characteristics of low-density residential development on
parcels 15 acres or larger in area, through the creation of planned
residential development districts by Nottingham Township. Further,
the purpose of these planned residential development regulations is:
(1)
To encourage innovations in residential development and renewal
so that the growing demand for housing may be met by greater variety
in type, design and layout of dwellings and by the conservation and
more efficient use of open space ancillary to said dwellings.
(2)
To encourage a more efficient use of land and of public services.
(3)
To reflect changes in the technology of land development so
that economies secured may inure to the benefit of those who need
homes.
(4)
To provide a procedure which can relate the type, design and
layout of residential development to the particular site.
(5)
To encourage a pattern of development which preserves trees,
natural topography and prevents soil erosion.
(6)
To provide an environment of stable character in harmony with
surrounding development.
(7)
To conform to regulations as permitted by the MPC, Act of 1968,
No. 247, as enacted and amended.
B.
These planned residential development regulations are designed to
provide for small- and large-scale developments incorporating a single
type or a variety of residential and related uses which are planned
and developed as a unit. Such development may consist of individual
lots or it may have common building sites. Common, open space for
recreational purposes shall be an essential and major element of the
plan which is related to and affects the long-term value of the homes
and other development.
C.
The planned residential development may also provide public parks,
playgrounds, recreational areas or reservations of areas for educational
and governmental activities, wherever these are deemed necessary by
the Township Supervisors.
A.
Authority. Board of Supervisors shall hear and decide requests for
planned residential development in accordance with the provisions
of this chapter and the requirements of the Municipalities Planning
Code.
B.
Establishment of districts. Any landowner may request the establishment
of a planned residential development district on a tract containing
15 or more acres of land consisting of one or more contiguous parcels
of land under single ownership.
C.
Application procedure, general. An application for development of a planned residential development is governed by and follows the procedure of Article VII of the MPC.[1] The landowner and/or developer shall submit all applications in accordance with the preliminary and final land development application requirements of Chapter 360, Subdivision and Land Development, including the requirements therein for application contents and submittal deadlines.
(1)
Modifications. The Board of Supervisors shall consider whether
proposed modifications in any of the requirements of this chapter
for each zoning district, except the provisions of this section, contained
in an application for development of a planned residential development
will make for a more efficient, attractive and safe planned development.
If such modifications, in the judgment of the Board of Supervisors,
constitute a more beneficial use of the site than provided for under
the requirements of the zoning district in which the site of the planned
development is located, the Board of Supervisors, in its sole discretion,
may grant the modifications.
(a)
Authorized uses shall be limited to those specified for the
given zoning district in which the site is located.
(b)
Site density for the planned residential development shall not
exceed that site density permitted in the zoning district in which
the planned residential development is located.
(c)
All open space shall be reserved as permanent open space.
(d)
Provisions for all planned residential developments shall be
in accordance with the laws of the commonwealth for planned residential
developments.
(e)
Under no circumstances shall a modification be granted to the
prohibitions of uses or activities which may endanger human life in
floodplain areas.
(2)
Zoning permit. No zoning permit shall be issued until the final
development plan has been approved and recorded. Upon proof of recording
and certification of final approval by the Board of Supervisors, a
zoning permit shall be issued by the Zoning Officer.
[1]
Editor's Note: See 53 P.S. § 10701 et seq.
D.
Completion and acceptance of public improvements.
(1)
Upon completion of the public improvements in a final development
plan, the landowner and/or developer shall notify the Township, in
writing, by certified or registered mail, of the completion of the
required improvements and shall send a copy thereof to the Township
Engineer. The Secretary or designated representative shall, within
10 days after receipt of such notice, direct and authorize the Township
Engineer to inspect all of the required improvements. The Township
Engineer shall thereupon file a report, in writing, with the Township
Secretary and shall promptly mail a copy of the same to the landowner
and/or developer by certified or registered mail. The report shall
be made and mailed within 30 days after receipt by the Township Engineer
of the aforesaid authorization from the Township Secretary. Said report
shall be detailed and shall indicate approval or rejection of the
required improvements, either in whole or in part. If the Township
Engineer rejects any of the required improvements, said report shall
contain a statement of reasons for such nonapproval or rejection.
(2)
Township's notification to landowner and/or developer. The Township
Secretary shall notify the landowner and/or developer, within 15 days
of receipt of the Township Engineer's report, in writing, by certified
or registered mail, of the action of the Township with relation thereto.
(3)
Failure of the Township to comply. If the Township Secretary
or the Township Engineer fails to comply with the time limitation
provisions contained herein, all required improvements will be deemed
to have been approved and the landowner and/or developer shall be
released from all liability, pursuant to its performance security.
(4)
Completion of rejected required improvements. If any portion
of the required improvements shall not be approved or shall be rejected
by the Township, the landowner and/or developer shall proceed to complete
the same and, upon completion, the same procedure of notification
as outlined herein shall be followed.
(5)
No limitation of landowner and/or developer's rights. Nothing
herein, however, shall be construed to be in a limitation of the landowner
and/or developer's right to contest or question, by legal proceedings
or otherwise, any determination of the Township Secretary or the Township
Engineer.
(6)
Landowner and/or developer shall reimburse Township for the
reasonable and necessary expense incurred for the inspection of the
required improvements. Such reimbursement shall be based upon the
schedule set forth in an ordinance adopted by the Board of Supervisors.
Inspection expenses are subject to appeal in accordance with Section
510(g) of the MPC.[2]
[2]
Editor's Note: See 53 P.S. § 10510(g).
(7)
Partial release of performance security. As the work of installing
the required improvements proceeds, the landowner and/or developer
may request the Township to release or authorize the release of such
portions of the performance security fairly representing the amount
of the work completed. The same procedure shall be followed for a
partial release of performance security as for a final release of
performance security except that correspondence may be by regular
mail and the Township must act upon the request within 20 Township
working days of the receipt of the request. The Township may, prior
to final release at the time of completion and certification by the
Township Engineer, require retention of 10% of the estimated cost
of the required improvements.
(8)
When required improvements are public improvements, the Township
may require retention of 15% of the estimated cost of the public improvements
until the required maintenance security is presented to the Township.
E.
Acceptance of public improvements. Upon completion of the inspection
and approval of the public improvements, the landowner and/or developer
shall request the Township, in writing, to accept the dedication of
the public improvements. If the public improvements request is received
by the Township more than 10 days before the next regular meeting
of the Board of Supervisors and upon posting of a maintenance security
for a term not to exceed 18 months from the date of acceptance of
dedication, the Board of Supervisors shall enact an ordinance accepting
the public improvements as part of the Township's public facilities.
The amount of the maintenance security aforesaid shall be 15% of the
actual cost of the installation of such public improvements.
F.
Remedies to effect completion.
(1)
In the event that improvements which may be required have not
been installed in accordance with the approved final plan, by the
completion dated established at the time of such approval or, if no
such completion date has been established, within 24 months of the
final plan approval, the Township Secretary shall take the remedies
provided under the MPC to effect completion of the required improvements.
(2)
If proceeds of the performance security are insufficient to
pay the cost of installing or making repairs or corrections to all
the required improvements covered by the security, the Township may,
at its option, install part of the improvements in all or part of
the planned residential development and may institute appropriate
legal or equitable action to recover the moneys necessary to complete
the remainder of the improvements. All of the proceeds, whether resulting
from the performance security or from any legal or equitable action
brought against the landowner and/or developer, or both, shall be
used solely for the installation of the improvements covered by the
performance security and not for any other municipal purpose.
The regulations for the district shall supersede the dimensional
requirements of existing zoning districts upon the approval of a planned
residential development, as long as the planned residential development
remains in effect. Minimum lot size, lot area per dwelling unit, building
coverage, open space ratio, parking requirements, space between buildings,
and minimum yard requirements shall be subject to all other applicable
provisions of this chapter.
The maximum gross density permitted in a planned residential
development shall not exceed six dwelling units per acre. Within these
overall density limitations for the planned residential development
site, specific building types shall be governed by the bulk and dimensional
requirements of this chapter. Any combination of two or more building
types shall be proposed, subject to the minimum lot area requirements
for each of the building types specified in by the bulk and dimensional
requirements of this chapter.
The densities set forth in this chapter are maximum allowable
densities. The Township Supervisors may require densities below the
maximum in planned residential developments where special characteristics
of the site warrant a reduction in the maximum allowable density.
The Township Supervisors shall consider a reduction in the maximum
allowable gross density authorized this chapter when the following
special conditions exist on a site:
A.
Public utilities presently available to the site are not adequate
to support the maximum allowable density.
B.
The condition and/or capacity of public roads which provide vehicular
access to the site are inadequate to carry the traffic generated by
development at the maximum allowable density.
C.
The amount of usable open space to be developed for active recreation
is not adequate to meet the needs of the proposed development because
of irregular shape of the site or unusually large portions of the
total site devoted to such features as steep slopes, floodplains,
watercourses, easements, rights-of-way or existing streets.
D.
The maximum allowable density would not be compatible with a significantly
large established neighborhood immediately adjacent to the planned
residential development site.
B.
Additional uses; conditions.
(2)
The uses above are subject to the following conditions:
(a)
The uses are designed primarily to serve the residents of the
planned residential development.
(b)
The uses are compatibly and safely incorporated into the unitary
design of the planned residential development.
(c)
Such additional uses shall not, by reason of their location,
construction, manner or timing of operation, signs, lighting, parking
arrangements or other characteristics, have adverse effects on residential
uses within or adjoining the district, or create traffic congestion
or hazards to vehicular or pedestrian traffic.
(d)
Each use shall be permitted to have no more than one identification
sign which shall be either nonilluminated or indirectly illuminated
by shielded lights reflecting directly on the face of the sign. The
sign shall either be affixed to the wall of the building, projecting
from the wall no more than six inches, or freestanding and located
at least 10 feet from any property line or street right-of-way. The
gross surface area of such sign shall not exceed 24 square feet.
C.
Nursing homes may be permitted only in age-restricted communities,
subject to the following conditions:
(1)
The nursing home shall be licensed by the commonwealth.
(2)
Nursing homes shall not be considered to be dwellings and shall
not be governed by the gross density requirements for the planned
residential development site.
(3)
Outdoor lighting shall be shielded away from residential lots.
(4)
Nursing homes shall not have a bed capacity of more than 200
beds.
(5)
Such use shall be permitted to have no more than one identification
sign which shall be either nonilluminated or indirectly illuminated
by shielded lights reflecting directly on the face of the sign. The
sign shall either be affixed to the wall of the building, projecting
from the wall no more than six inches, or freestanding and located
at least 10 feet from any property line or street right-of-way. The
gross surface area of such sign shall not exceed 24 square feet.
D.
Schools or day-care centers may be permitted, subject to the following
conditions:
(1)
A safe and secure outdoor play area of 100 square feet per child
shall be provided.
(2)
This use shall not be conducted in any dwelling unit; however,
the facility may be located in a portion of a multifamily dwelling
or in a civic building or other freestanding building on the planned
residential development site.
(3)
A safe area for discharging and picking up the children shall
be provided.
(4)
A buffer area, as defined by this chapter, shall be provided
around outdoor play areas where such areas adjoin residential lots,
the minimum depth of which shall be three feet.
(5)
Each use shall be permitted to have no more than one identification
sign which shall be either nonilluminated or indirectly illuminated
by shielded lights reflecting directly on the face of the sign. The
sign shall either be affixed to the wall of the building, projecting
from the wall no more than six inches, or freestanding and located
at least 10 feet from any property line or street right-of-way. The
gross surface area of such sign shall not exceed 24 square feet.
B.
Two-family detached dwelling:
(1)
Minimum lot size: 12,000 square feet.
(2)
Average lot area per dwelling unit: 7,000 square feet.
(3)
Maximum building coverage: 30%.
(4)
Open space ratio: 42%.
(5)
Minimum front yard: 25 feet.
(6)
Minimum side yard: 10 feet per side.
(7)
Minimum lot width: 60 feet.
(8)
Parking spaces per dwelling unit: three spaces.
C.
Single-family attached dwelling:
(1)
Minimum lot size: 1,800 square feet.
(2)
Average lot area per dwelling unit: 2,000 square feet.
(3)
Maximum building coverage: 40%.
(4)
Open space ratio: 43%.
(5)
Minimum front yard: 25 feet.
(6)
Minimum space between buildings: 30 feet.
(7)
Minimum side yard: 10 feet per side.
(8)
Minimum lot width: 16 feet.
(9)
Parking spaces per dwelling unit: two spaces per dwelling unit
plus one space for each two dwelling units designated for visitor
parking and located within 300 feet of the units they are intended
to serve.
D.
Multifamily dwelling:
(1)
Minimum lot size: 2,600 square feet.
(2)
Average lot area per dwelling unit: 3,200 square feet.
(3)
Maximum building coverage: 60%.
(4)
Open space ratio: 43%.
(5)
Minimum front yard: 25 feet.
(6)
Minimum side yard: 10 feet per side.
(7)
Minimum lot width: 30 feet.
(8)
Parking spaces per dwelling unit: two spaces per dwelling unit
plus one space for each two dwelling units designated for visitor
parking and located within 300 feet of the units they are intended
to serve.
E.
Nursing homes, day-care centers, schools, civic buildings and commercial
amusement.
All planned residential developments and uses shall be subject
to the following minimum site development standards:
A.
Availability of utilities. All planned residential developments shall
be serviced by public water and sewer prior to occupancy.
B.
Access and traffic circulation. Ingress, egress and internal traffic
circulation hall be designed to ensure safety and access by emergency
vehicles and to minimize impacts on local streets.
C.
Streets shall be designed in conformance with Chapter 360, Subdivision and Land Development. In approving a planned residential development, the Township Supervisors may modify specific requirements such as width, curbs, and right-of-way upon specific request by the landowner subject to the following standards and conditions:
(1)
Receipt of review by the Township Engineer and Planning Commission
recommending such modification within the time limits imposed by the
general application and review process of this chapter for review
of the development plan.
(a)
That structural standards for resistance to erosion, frost actions,
load capacity and other design standards are not lowered.
(b)
That the alterations do not create a safety hazard, or adversely
affect storm drainage outside the planned residential development
district, or impair maintenance or snow removal.
(c)
That the reductions of standards are compatible with the densities,
traffic flows, parking and pedestrian circulation design proposed
in the planned residential development, and that such changes are
in keeping with the purpose and intent of this article and not for
the convenience of the developer.
D.
Streetlighting. The developer shall install streetlighting in all
planned residential developments. Streetlights shall be of a type
approved by the Township Engineer. The cost of lights, poles and installation
shall be assumed by the developer.
E.
Perimeter setbacks. All structures on the entire perimeter of the
planned residential development site shall be set back from any site
boundary which adjoins single-family use or zoning classification
in accordance with the following:
(1)
Single-family and two-family dwellings shall be set back from
the planned residential development site boundary a minimum of 75
feet.
(2)
Multifamily and single-family attached dwellings shall be set
back from the planned residential development boundary a minimum of
100 feet.
(3)
The requirement for the perimeter setback may be waived by the
Township Supervisors if the development plan proposes single-family
lots of a similar depth and area as those single-family lots outside
the planned residential development site which adjoin the site boundary.
F.
Buffer areas. Buffer areas, as defined by this chapter, shall be
provided in all planned residential developments in accordance with
the following standards:
(1)
Where single-family lots in a planned residential development
adjoin single-family use or zoning classification outside the planned
residential development site, a buffer area, as defined by this chapter,
at least six feet in depth, as measured from the property line, shall
be installed.
(2)
Where lots containing two-family detached, multifamily or single-family
attached dwellings adjoin single-family use or zoning classification
outside the planned residential development site, a buffer area, as
defined by this chapter, at least 15 feet in depth, as measured from
the property line,
(3)
The buffer area shall be included in the open space provided
on the site and shall be deeded in perpetuity to a homeowners' association
or other legal entity created to maintain common areas within the
planned residential development. Maintenance of the buffer area shall
be subject to the open space provisions of this chapter.
(4)
Where freestanding buildings contain nonresidential uses authorized
as part of a planned residential development, a buffer area, as defined
by this chapter, shall be required along any property line which adjoins
residential use or zoning classification outside the planned residential
development site. The minimum depth of the required buffer area shall
be 15 feet, measured from the property line.
(5)
The buffer area shall be part of the open space to be maintained
by the homeowners' association; however, if the nonresidential building
is on a lot which is held in separate ownership, the buffer area shall
be included in the lot area and the owner of the lot shall be a member,
of the homeowners' association and shall be responsible for preserving
and maintaining the buffer area The plan of subdivision containing
the lot shall contain a notation regarding the obligation to preserve
and maintain the buffer area in perpetuity.
G.
Development of active recreation facilities. In all planned residential
developments, a portion of the gross area of the open space must be
of suitable slope and condition for development as active recreation
areas such as game courts, playing fields, playgrounds and the like.
The applicant shall propose active recreation in the development plan
submitted for tentative approval and the Township Supervisors shall
approve the proposed active recreation facilities upon a determination
that the proposed facilities are adequate to serve the needs of the
residents of the planned residential development.
(1)
The schedule for completion of the planned residential development
submitted with the application or tentative approval shall specify
the timing of construction of the active recreation facilities. The
timing of construction shall be subject to approval by the Township
Supervisors to guarantee that the facilities will be available at
a reasonable time during construction of a development plan which
is, proposed to be constructed in sections.
H.
Site lighting for nonresidential uses. No lighting standard shall
be more than 16 feet in height. Hoods for all lighting standards shall
be designed in such a manner that glare from lights or direct bulb
light is not visible on adjacent streets or residential properties.
I.
Sidewalks a minimum of four feet wide shall be provided along the
entire length of at least one side of all roadways.
A.
Forty percent of the gross land area of a PRD must be set aside as
public open space. The landowner shall be required to provide for
and establish an organization for the ownership and maintenance of
the open space, and such organization shall not be dissolved, nor
shall it dispose of the open space, by sale or otherwise (except to
an organization conceived and established to own and maintain the
open space), without first offering to dedicate the same to the Township.
B.
The Township shall not approve a planned residential development
or use unless it meets the following standards:
(1)
The location and shape of the open space shall meet the needs
of the planned residential development and shall be consistent with
the Township's parks and open space standards.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Open space shall be used for amenity or recreational purposes
considering the size, density, expected population, topography, and
the number and type of dwellings to be provided.
(3)
Open space shall be suitably improved for its intended use,
but open space containing natural features, existing trees and ground
cover worthy of preservation may be left unimproved. The buildings,
structures and improvements which are permitted in the open space
shall be appropriate to the uses which are authorized for the open
space and shall conserve and enhance the amenities of the open space
having regard to its topography and unimproved condition.
(4)
The development schedule which is part of the development plan
must coordinate the improvement of the open space, the construction
of buildings, structures, and improvements in the open space, and
the construction of residential dwellings in the planned residential
development.
(5)
The use and improvement of the open space shall be planned in
relation to any existing or proposed public or semi-public open space
which adjoins or which is within 1,500 feet of the perimeter of the
planned residential development.
(6)
All land shown on the final development plan as open space shall
be conveyed in either of the following ways, at the discretion of
the Township Supervisors:
C.
In any event, the open space after being approved on the final development
plan shall be used thereafter for no other purpose than as specified
on the final development plan.
A.
In the
event that the organization established to own and maintain open space,
or any successor organization, shall, at any time after establishment
of the planned residential development, fail to maintain the open
space in reasonable order and condition in accordance with the development
plan, the Township may serve written notice upon such organization
or upon the residents of the planned residential development setting
forth the manner in which the organization has failed to maintain
the open space in reasonable condition, and said notice shall include
a demand that such deficiencies of maintenance be corrected 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.
B.
At such hearing, the Township may modify the terms of the original
notice as to the deficiencies and may give an extension of time within
which they shall be corrected. If the deficiencies set forth in the
original notice or in the modifications thereof shall not be corrected
within said 30 days or any extension thereof, the Township, to preserve
the taxable values of the properties within the planned residential
development and to prevent the open space from becoming a public nuisance,
may enter upon said open space and maintain the same for a period
of one year. Said maintenance by the Township shall not constitute
a taking of said open space, nor vest in the public any rights to
use the same.
C.
Before the expiration of said year, the Township shall, upon its
initiative or upon the request of the organization theretofore responsible
for the maintenance of the open space, call a public hearing upon
notice to such organization, or to the residents of the planned residential
development, to be held by the Township Supervisors or its designated
agency, at which hearing such organization or the residents of the
planned residential development shall show cause why such maintenance
by the Township shall not, at the option of the Township, continue
for a succeeding year.
D.
If the Township Supervisors, or its designated agency, shall determine
that such organization is ready and able to maintain said open space
in reasonable condition, the Township shall cease to maintain said
open space at the end of said year. If the Township Supervisors, or
its designated agency, shall determine that such organization is not
ready and able to maintain said open space in a reasonable condition,
the Township may, at its discretion, continue to maintain said open
space during the next succeeding year and, subject to a similar hearing
and determination, in each year thereafter. The decision of the Township
Supervisors, or its designated agency, shall be subject to appeal
to court in the same manner, and within the same time limitation,
as is provided for zoning appeals by Act 247, the MPC (53 P.S. § 10101
et seq.).
The cost of such maintenance by the Township shall be assessed
ratably against the properties within the planned residential development
that have a right of enjoyment of the open space, and shall become
a lien against said properties. The Township, at the time of entering
upon said open space for maintenance, shall file a notice of lien
in the office of the Prothonotary of Washington County, upon the property
or properties affected by the lien within the planned residential
development.
