The purpose of these planned residential development (PRD) regulations
is to permit residential development that is more creative and imaginative
than is generally possible under conventional zoning district controls
and subdivision requirements. Further, these regulations are intended
to promote more economical and efficient use of the land while providing
a compatible blend of housing types, amenities and community facilities
of high quality, oriented to the specific development site and preserving
the natural scenic qualities of open space.
A.
A planned residential development shall be permitted in the R-2 District,
subject to the standards, criteria, restrictions and procedures outlined
in this article.
B.
The provisions of this article for approval of a planned residential development shall be modification to and in lieu of procedures and criteria for approvals otherwise required in this chapter and Chapter 270, Subdivision and Land Development. Failure to comply with the provisions of this article with respect to a recorded development plan shall be deemed to constitute a violation of this chapter.
A.
In all cases, the minimum site required for a planned residential
development shall be 10 contiguous acres. Public easements or rights-of-way
and public or private streets shall not be construed as an interruption
or division of a site proposed for a PRD.
B.
Permitted residential uses and dwelling unit densities in a planned
residential development shall be as follows in the districts in which
PRDs are authorized:
|
District
|
Permitted Uses
|
Net Density
|
|---|---|---|
|
R-2 District
|
Single-family dwellings
Two-family dwellings
Townhouses
Garden apartments
|
4 units per acre
|
|
NOTES:
| |
|---|---|
|
*
|
See definition of "density, net" in Article II
|
C.
In addition to the residential uses permitted in a PRD, recreation
facilities designed for the use of the residents of the PRD shall
be permitted, including, but not limited to, hiking, biking or exercise
trails; tennis, paddle tennis, basketball, volleyball or other playing
courts; swimming pool and related facilities; golf course or putting
green; community building for meetings and social activities; picnic
pavilions; other active and passive recreational uses deemed appropriate
to the proposed residents of the PRD by the Board of Supervisors.
The site proposed for a planned residential development shall
be under single ownership and control. Prior to submitting an application
for tentative approval, the applicant shall demonstrate that he is
the landowner, as defined by this chapter. Legal, as well as equitable,
ownership shall be demonstrated coincident with approval of the final
development plan.
A.
The site of a PRD that contains multifamily dwellings shall have
frontage on and direct vehicular access to an arterial or collector
street, as defined by this chapter. The projected traffic volumes
associated with the proposed PRD shall be capable of being accommodated
by the adjacent street network. The developer shall demonstrate that
the projected traffic from the PRD shall not materially increase congestion
and impair safety on adjacent public streets.
B.
Any PRD that contains multifamily dwellings shall be connected to
public water and public sanitary sewer service.
C.
In any instance where the Township determines that public sewerage
and water facilities are available and are capable of being extended
to the development site, the developer shall connect the PRD to such
facilities.
D.
In the absence of public sewerage facilities, the developer shall
provide a sanitary sewerage system within the PRD that is approved
by the Pennsylvania Department of Environmental Protection (PA DEP)
or any successor agency.
E.
Central water service shall be supplied to each building or structure
to be erected in a PRD.
F.
The developer shall provide a storm drainage system within a PRD that shall be of sufficient size and design to collect, carry off and dispose of all predictable surface water runoff within the PRD and shall be so constructed to conform with the statutes, ordinances and regulations of the Commonwealth of Pennsylvania and Chapter 257, Stormwater Management, of the Code of the Township of Cross Creek, as amended.
The PRD provisions of this chapter shall be administered by
the Board of Supervisors. The Planning Commission shall review all
applications on the basis of the standards specified in this article
and make a recommendation to the Board of Supervisors. The Board of
Supervisors shall conduct the public hearings required by the Pennsylvania
Municipalities Planning Code[1] and shall have the final authority to approve, approve
with conditions or disapprove a PRD.
A.
Preapplication conference. Each applicant shall confer with the Zoning
Officer to schedule a preapplication conference. Upon written request
of the applicant, the Zoning Officer shall schedule a pre-application
conference with Township officials. The conference shall include members
or a designated representative of the Planning Commission and the
Zoning Officer. The Township Solicitor, the Township Engineer, the
Board of Supervisors or representatives thereof and local utility
service representatives may be included, as deemed appropriate.
B.
Application for tentative approval. Within 120 days following the
preapplication conference, three copies of an application for tentative
approval shall be submitted. The application shall be in sufficient
detail for the Planning Commission to determine compliance with the
standards of this article and shall contain, at a minimum, the following
information:
(1)
A legal description of the total tract proposed for development,
including a statement of present and proposed ownership.
(2)
A written statement of planning objectives to be achieved by the
PRD through the particular approach proposed by the developer. The
statement shall include a description of the character of the proposed
development and its relationship to the immediate area in which it
is to be located.
(3)
A written statement setting forth the reasons why the proposed PRD
would be in the public interest and would be consistent with the Township's
Comprehensive Plan.
(4)
A written statement of the modifications to Township Zoning and Subdivision
regulations otherwise applicable to the property.
(5)
A location map that clearly shows the location and area of the site
proposed for development with relation to all lands, buildings and
structures within 200 feet of its boundaries, the location and distance
to existing streets and highways and the names of landowners of adjacent
properties.
(6)
A development plan prepared at a scale no smaller than one inch equals
50 feet showing the following information:
(a)
Existing contours at intervals of five feet; watercourse; floodplains;
wetlands; woodlands; soils; steep slopes; and other natural features.
(b)
Proposed lot lines and subdivision plat, if any.
(c)
The location of all existing and proposed buildings, structures
and other improvements, including maximum heights, types of dwelling
units and dwelling unit density. Preliminary elevations and architectural
renderings shall be provided.
(d)
The location and size in acres or square feet of all areas to
be conveyed, dedicated or reserved as common open space.
(e)
The existing and proposed vehicular circulation system of local
and collector streets, including off-street parking areas, service
areas, loading areas and major points of access from the PRD to public
rights-of-way.
(f)
The existing and proposed pedestrian circulation system, including
its interrelationship with the vehicular circulation system and proposed
treatment for any points of conflict between the two systems.
(g)
The existing and proposed utility systems, including sanitary
sewers, storm sewers and water, electric, gas and telephone lines.
(h)
Subsurface conditions, including slope stability.
(i)
A minimum of three cross sections showing existing and proposed
contours and their relationship to proposed buildings, structures,
highways, streets, parking areas, walkways and existing woodlands.
(j)
A general landscaping plan indicating the treatment and materials
proposed to be used in buffer areas and common areas on the site.
(k)
Evidence of compliance with the environmental performance standards of § 320-71A of this chapter.
(l)
Any additional information required to determine compliance
with the requirements of this article.
(7)
In the case of development plans that call for development over a
period of years, a schedule for phasing the development shall be provided.
This phasing schedule shall be reviewed annually with the Planning
Commission on the anniversary of tentative approval or as each phase
is completed, whichever occurs first.
C.
Public hearing.
(1)
Within 60 days following the submission of an application for tentative
approval of a PRD that contains all of the required documentation,
a public hearing pursuant to public notice shall be held by the Board
of Supervisors. At least 14 days prior to the hearing, the Zoning
Officer shall mail a copy of the notice by certified mail to each
property owner within 300 feet of the entire perimeter of the property,
including those located across a street right-of-way. The cost of
mailing the certified notices shall be paid by the applicant.
D.
Tentative approval.
(1)
Within 60 days following the conclusion of the public hearings or
within 180 days after the date of filing of the application, whichever
occurs first, the Board of Supervisors shall, by written communication,
either:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Failure to act within said period shall be deemed to be a grant of
tentative approval of the development plan as submitted. In the event,
however, that tentative approval is granted subject to conditions,
the landowner may, within 30 days after receipt 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 that 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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The Board of Supervisors shall grant tentative approval if and
only if all applicable requirements of this article are met and all
of the following criteria are met:
A.
The proposed application for tentative approval complies with all
standards, restrictions, criteria, requirements, regulations and procedures
of this chapter; preserves the community development objectives of
this chapter; and is found by the Board of Supervisors to be compatible
with the public interest and consistent with the Township's Comprehensive
Plan.
B.
Where the proposed application for tentative approval provides standards that vary from this chapter and Chapter 270, Subdivision and Land Development, otherwise applicable to the subject property, such departure shall promote protection of the environment, and public health, safety and welfare and shall be in the public interest.
C.
The proposals for the maintenance and conservation of any proposed
common open space are reliable and meet the standards of this chapter
and the amount and extent of improvements within the common open space
are appropriate with respect to the purpose, use and type of the residential
development proposed.
D.
The physical design of the proposed development plan adequately provides
for public services, traffic facilities and parking, light, air, recreation
and visual enjoyment.
E.
The proposed development plan is beneficially related to the immediate
area in which it is proposed to be located.
F.
The proposed development plan will afford adequate protection of
natural watercourses, wetlands, topsoil, woodlands, steep slopes and
other natural features and will prevent erosion, landslides, siltation
and flooding.
G.
In the case of a development plan that proposes development over
a period of years, the terms and conditions thereof are sufficient
to protect the interests of the public and of the residents of the
PRD in the integrity of the final development plan.
After the development plan is granted tentative approval by
the Board of Supervisors, the developer shall submit the application
for final approval which shall consist of detailed plans for any phase
or section of the development plan. No building permit shall be issued
until final approval has been granted by the Board of Supervisors
for the phase or section in which the proposed development is located.
Final approval for any phase or section shall expire if construction
is not initiated for the phase or section within one year of the date
of final approval of the phase or section by the Board of Supervisors.
A.
In the event that an application for final approval has been filed,
together with all drawings, specifications and other documentation
in support thereof, in accordance with the requirements of this chapter
and the official written communication granting tentative approval,
the Board of Supervisors shall, within 45 days of such filing, grant
final approval to the development plan.
B.
Changes in the location and siting of buildings and structures deemed
minor by the Board of Supervisors may be authorized without additional
public hearings, if required by engineering or other circumstances
not foreseen at the time of tentative approval. However, gross and
net density established at the time of tentative approval shall not
be changed without a public hearing.
C.
The application for final approval shall comply with all applicable
chapter provisions and the development plan shall include, as a minimum,
the following information:
(2)
Accurately dimensioned locations for all proposed buildings, structures,
parking areas and common open space.
(3)
The number of families to be housed in each building or structure
and the intended use of each building or structure.
(4)
A landscaping plan, as defined by this chapter, including the location
and types of materials of sidewalks, trails and recreation facilities
authorized by this chapter.
(5)
Supplementary data, including any covenants, grants of easements
or other restrictions to be imposed on the use of the land, buildings
and structures and provisions for the ownership maintenance and operation
of common open space facilities.
(6)
An engineering report that shall include the following data, wherever
applicable:
(a)
Profiles, cross sections and specifications for proposed public
and private streets.
(b)
Profiles and other explanatory data concerning installation
of water distribution systems, storm sewers and sanitary sewers.
(c)
Feasibility of the sanitary sewerage system in terms of capacity
to serve the proposed development.
(7)
An erosion and sedimentation control plan that shall specifically
indicate all erosion and sedimentation control measures to be utilized
on the site and evidence that the plan has been submitted to the Washington
County Conservation District for review and approval. If state permits
are required, the applicable permits must be obtained prior to final
approval.
(a)
The erosion and sedimentation control plan shall be designed
to prevent accelerated erosion and sedimentation, including but not
limited to, the following:
[1]
The topographic features of the site;
[2]
The types, depth, slope and extent of the soils by area;
[3]
The proposed alterations to the site;
[4]
The amount of runoff from the site area and the upstream watershed;
[5]
The staging of earthmoving activities;
[6]
Temporary control measures and facilities during earthmoving;
[7]
Permanent control measures and facilities for long term protection;
[8]
A maintenance program for the control facilities, including
disposal of materials removed form the control facilities or site
area.
(b)
If the Washington County Conservation District has not approved
the plan before the date on which the Board of Supervisors acts on
the application for final approval, evidence of the County Conservation
District's approval of the plan shall be made a condition of final
approval.
(8)
Variations from plan granted tentative approval.
(a)
In the event that the final development plan as submitted contains
variations from the plan granted tentative approval, the Board of
Supervisors may 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 such refusal. In the event of such refusal,
the landowner may either:
(b)
If the landowner wishes to take either alternate action, he
may do so at any time within which he shall be entitled to apply for
final approval, or within 30 additional days, if the time for applying
for final approval shall have already passed at the time when the
landowner was advised that the development plan was not in substantial
compliance.
(c)
If the landowner fails to take either of these alternate actions
within said time, he shall be deemed to have abandoned the development
plan.
(9)
Public hearing.
(a)
Any public hearing held on an application for final approval
shall be held pursuant to public notice within 30 days after the request
for the hearing is made by the landowner and the hearing shall be
conducted in the manner prescribed in this article for public hearings
on an application for tentative approval. At least 14 days prior to
the hearing, the Zoning Officer shall mail a copy of the notice by
certified mail to each property owner within 300 feet of the entire
perimeter of the property, including those located across a street
right-of-way. The cost of mailing the certified notices shall be paid
by the applicant.
(b)
Within 30 days after the conclusion of the public hearing, the
Board of Supervisors shall, by official written communication, either
grant or deny final approval. The grant or denial of final approval
of the development plan shall, in cases where a public hearing is
required, be in the form and contain the findings required for an
application for tentative approval.
D.
A final development plan, or any part thereof, that has been granted final approval shall be so certified without delay by the Board of Supervisors and shall be filed of record in the office of the Recorder of Deeds before any development shall take place in accordance therewith. Approval for recording shall be subject to posting of the financial security required by Chapter 270, Subdivision and Land Development, for public and private improvements in the development plan.
E.
In the event that a development plan, or section thereof, is given
final approval and thereafter the landowner shall abandon such plan,
or section thereof, that has been finally approved, and shall so notify
the Board of Supervisors in writing, or, in the event that the landowner
shall fail to commence and carry out the planned residential development
in accordance with the time provisions stated in Section 508 of the
Pennsylvania Municipalities Planning Code[1] after final approval has been granted, no development
or further development shall take place on the property included in
the development plan until after said property is reclassified by
enactment of an amendment to this chapter.
[1]
Editor's Note: See 53 P.S. § 10508.
A.
Areas required. Within a planned residential development, the following
percentages of the total gross site area shall be devoted to the specified
uses indicated:
(1)
A minimum of 30% of the total site area shall be set aside and preserved
for usable common open space. Where significant or unique natural
amenities exist on the site, the Board of Supervisors shall have the
authority to enforce the preservation of the amenities as part of
the required common open space. These amenities may include, but are
not limited to, natural features such as rock outcroppings, virgin
timber, woodlands, ravines, ponds, stream beds and stream valleys.
(2)
No more than 70% of the total site area shall be devoted to residential
use which shall include buildings, streets, driveways, parking areas,
private yards and courts that abut and serve residences.
B.
Protection of common open space. Common open space in a planned residential
development shall be protected by adequate covenants running with
the land or by conveyances or dedications. A PRD shall be approved
subject to the submission of a legal instrument or instruments setting
forth a plan for the permanent care and maintenance of such common
open space, recreational areas and other facilities owned in common.
No such instrument shall be acceptable until approved by the Board
of Supervisors as to legal form and effect. In cases where the Township
will not be accepting dedications of streets, recreation areas or
common open spaces, the developer shall provide for an organization
or trust for ownership and maintenance of the common open space and
common facilities.
C.
Common open space maintenance. In the event that the organization
established to own and maintain the common open space, or any successor
thereto, shall at any time after establishment of the final development
plan fail to maintain the common open space, including all streets,
driveways and recreational facilities, in reasonable order and condition
in accordance with the development plan granted final approval, the
Township may take remedial action to cause the common open space and
common facilities to be properly maintained, as provided for in Section
705(f) of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10705(f).
