Township of Ridley, PA Article XIV Planned Residential Developments

§ 325-96 Purpose; applicability.

A. The Planned Residential Development (PRD) District is designed for the following purposes:

(1) To encourage innovations in residential and nonresidential development 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 more efficient allocation and maintenance of open space for conservation and active and passive recreation.

(3) To provide greater opportunities for better housing and recreation for all who are or will be residents of the Township.

(4) To encourage a more efficient use of land and public services and to reflect changes in the technology of land development so that the economies so secured may inure to benefit of those who require housing.

(5) To encourage sensitive land development which will respect and conserve such natural features and resources of the land as flood hazard and flood prone areas, steep and very steep slopes, watercourses and water bodies, terrestrial and aquatic wildlife habitats, historic and cultural sites, visual resources, and other features of importance to the vitality of natural and cultural resources.

(6) To provide a procedure which can relate the type, design and layout of residential and nonresidential development to the particular site and to the particular demand for housing existing at the time of development in a manner consistent with the preservation of the property values within existing residential areas, and to assure that the increased flexibility of regulations over land development established hereby is carried out pursuant to sound, expeditious and fair administrative standards end procedures.

B. The housing type, minimum lot area, yard, height and accessory uses shall be determined by the requirements and procedures set out below, which shall prevail over conflicting requirements of this chapter or the regulations governing the subdivision of land.

§ 325-97 Conditions of eligibility.

No application for a planned residential development shall be considered or approved unless the following conditions are met:

A. The tract proposed for a planned residential development shall contain not less than 10 contiguous acres of land.

B. The entire tract shall be located within any A, B, or C Residential Zoning District(s). The tract may be located within more than one of the above residential districts.

C. The development will be served by public sewer and public water systems which shall be constructed and operational and have the assured capacity to serve the development at the time of occupancy of the structures in the development. The feasibility of such construction and operation shall be demonstrated to the satisfaction of the Board of Commissioners at the time of application for tentative plan approval.

D. The tract must have frontage on a collector or arterial road.

§ 325-98 Procedure; tentative approval.

A. An application for tentative approval of planned residential development must be made to the Ridley Township Board of Commissioners.

(1) An application for tentative approval of the development plan for a planned residential development shall be filed by or on behalf of the landowner.

(2) All ownership interests shall be disclosed as part of the application for tentative approval.

(3) The application for tentative approval shall be filed with the Township Manager/Secretary by the landowner on an application form provided by the Township, along with payment of all application fees as set forth by resolution of the Ridley Township Board of Commissioners.

(4) All planning, zoning and subdivision matters relating to the plating, use and development of the planned residential development and subsequent modifications of the regulations relating thereto, to the extent such modification is vested in the municipality, shall be determined and established by the Ridley Township Board of Commissioners.

(5) The application for tentative approval shall contain the following information:

(a) A legal description of the property under consideration, which also shows that such property is at least 10 acres in area.

(b) A fully dimensioned map of the land, including topographic information at a contour interval of not less than two feet.

(c) A site plan showing the location of all existing and proposed principal and accessory buildings and structures, parking lots, buffer strips, plantings, streets, public ways and curb cuts.

(d) Proposed reservations for parks, parkways, playgrounds, school sites and other open spaces with indication of structure of organization proposed to own and maintain the common open space.

(e) A vicinity map and zoning classification showing the location of the site in relation to the surrounding neighborhood.

(f) Architectural sketches, at an appropriate scale, showing building height, bulk, interior layout and proposed use.

(g) The feasibility of proposals for the disposition of sanitary waste and storm water.

(h) The substance of covenants, grants of easement or other restrictions proposed to be imposed upon the use of the land, buildings and structures, including proposed easements or grants for public utilities.

(i) The required modifications in the land use regulations otherwise applicable to the subject property.

(j) The feasibility of proposals for energy conservation and the effective utilization of renewable energy sources.

(k) In the case of development plans which call for development over a period of years, a schedule showing the proposed times within which applications for final approval of all sections of the planned residential development are intended to be filed and this schedule must be updated annually, on the anniversary of its approval, until the development is completed and accepted.

(l) 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 the Township.

(6) The application for and tentative and final approval of a development plan for a planned residential development prescribed in this article shall be in lieu of all other procedures or approvals otherwise required by this chapter and by Chapter 268, Subdivision and Land Development.

B. The Ridley Township Board of Commissioners shall refer the application to the Township Planning Commission and the County Planning Agency for study and recommendation. The County and Township Planning Agencies shall be required to report to the Ridley Township Board of Commissioners within 30 days or forfeit the right to review.

C. The Ridley Township Board of Commissioners shall hold a public hearing within 60 days after the filing of the application for tentative approval in the manner prescribed in Article XVI for the enactment of an amendment to the Zoning Ordinance. The Ridley Township Board of Commissioners may continue the hearing from time to time; provided, however, that in any event, the public hearing or hearings shall be concluded within 60 days after the date of the first public hearing.

D. Grant or denial.

(1) After a study of the application and within 60 days following the conclusion of the public hearings the Ridley Township Board of Commissioners shall, by official written communication, to the landowner, either:

(a) Grant tentative approval of the development plan as submitted;

(b) Grant tentative approval subject to specified conditions not included in the development plan as submitted; or

(c) Deny tentative approval to the development plan.

(2) Failure to so 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 receiving a copy of the official written communication of the Ridley Township Board of Commissioners notify the Ridley Township Board of Commissioners of his refusal to accept all said conditions, in which case, the Ridley Township Board of Commissioners 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 Ridley Township Board of Commissioners of his refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted.

E. The granting or denial of tentative approval by official written communication shall include conclusions and findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without conditions, or for the denial, and said communication shall set forth with particularity in what respects the development plan would or would not be in the public interest, including, but not limited to, findings of fact and conclusions on the following:

(1) In those respects in which the development plan is or is not consistent with the Comprehensive Plan for the development of the Township.

(2) The extent to which the development plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to, density, bulk and use, and the reasons why such departures are or are not deemed to be in the public interest.

(3) 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.

(4) The physical design of the development plan and the manner in which said design does or does not make adequate provision of public services; provide adequate control over vehicular traffic; and further the amenities of light and air, recreation and visual enjoyment.

(5) The relationship, beneficial or adverse, of the proposed planned residential development to the neighborhood in which it is proposed to be established.

(6) 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.

F. In the event that a development plan is granted tentative approval, with or without conditions, the Ridley Township Board of Commissioners may set forth in the official written communication the time within which and 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 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 the plan shall be not less than 12 months.

G. The official written communication provided for in this article shall be certified by the Ridley Township Manager/Secretary and filed in his office, and a certified copy shall be mailed to the landowner. Where tentative approval has been granted, it shall be deemed an amendment to the Ridley Township Zoning Map, effective upon final approval, and shall be noted on the Zoning Map.

H. Tentative approval of a development plan shall not qualify a plat of the planned residential development for recording nor authorize development of 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 which have been accepted by the landowner (and provided that the landowner has not defaulted nor violated any of the conditions of the tentative approval), shall not be modified or revoked nor otherwise impaired by action of the Township pending an application or applications for final approval, without the consent of the landowner, provided that an application or applications for final approval is filed or, in the case of development over a period of years, provided that applications are filed, within the periods of time specified in the official written communication granting tentative approval.

I. In the event that a development plan is given tentative approval and thereafter, but prior to final approval, the landowner shall elect to abandon said development plan and shall so notify the Ridley Township Board of Commissioners in writing or in the event the landowner shall fail to file 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 the area included in the development plan for which final approval has not been given shall be subject to this chapter and Chapter 268, Subdivision and Land Development, as otherwise applicable thereto as they may be amended from time to tine, and the same shall be noted on the Zoning Map and in the records of the Ridley Township Manager/Secretary.

§ 325-99 Procedure; final approval.

A. The application for final approval may be for all the land included in the development or, to the extent set forth in the tentative approval, for a section thereof. Said application shall be made to the Ridley Township Manager/Secretary within the time or times specified by the official written communication granting tentative approval. The application for final approval shall meet all requirements and contain all enclosures specified for the final plan of subdivision within Chapter 268, Subdivision and Land Development, including any drawings, specifications, convents, easements, performance bond, as well as any 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 part thereof, submitted for final approval, is in compliance with the development plan theretofore given tentative approval and with any specified conditions attached thereto.

B. In the event that the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, and as required by this article and the official written communication of tentative approval, the Ridley Township Board of Commissioners shall, within 45 days of such filing, grant such development plan final approval.

C. In the event that the development plan as submitted contains variations from the plan given tentative approval, the Ridley Township Board of Commissioners 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 said refusal, setting forth in said notice the reasons why one or more of said variations are not in the public interest.

(1) In the event of such refusal, the landowner may either:

(a) Refile his application for final approval without objected variations objected; or

(b) File a written request with the Ridley Township Board of Commissioners that it hold a public hearing on his application for final approval.

(2) If the landowner wishes to take either such 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. In the event the landowner shall fail to take either of these alternate actions within said 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 this article for public hearings on applications for tentative approval. Within 30 days after the conclusion of the hearing, the Ridley Township Board of Commissioners shall by official written communication either grant final approval to the development plan or deny final approval. The grant or denial of final approval of the development plan shall, in cases arising under this section, be in the form and contain the findings required for an application for tentative approval set forth in this article.

D. A development plan, or any part thereof, which has received final approval shall be certified without delay by the Ridley Township Board of Commissioners and shall be filed of record forthwith in the Delaware County office of the Recorder of Deeds before any development shall take place in accordance therewith. Upon the filing of record of the development plan the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion, in accordance with the time provisions stated in Section 508 of the Pennsylvania Municipalities Planning Code, as amended by Act 1988-170,[1] of said planned residential development or of that part thereof, as the case may be, that has been finally approved, no modification of the provisions of said development plan, or part thereof, as finally approved, shall be made except with the consent of the landowner. Upon approval of a final plat, the developer shall record the plat in accordance with the provisions of Section 513(a)[2] and post financial security in accordance with Section 509 of the Pennsylvania Municipalities Planning Code, as amended by Act 1988-170.[3]

[1] Editor's Note: See 53 P.S. § 10508.

[2] Editor's Note: See 53 P.S. § 10513(a).

[3] Editor's Note: See 53 P.S. § 10509.

E. In the event that a development plan, or a section thereof, has been given final approval and thereafter the landowner shall abandon such plan or section thereof that has been finally approved, and shall so notify the Ridley Township Board of Commissioners in writing; or, in the event 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, as amended by Act 1988-170, after final approval has been granted, no development or further development shall take place on the property included in the development plan until after the said property is reclassified by enactment of an amendment to this Zoning Chapter.

§ 325-100 Planned development standards.

A. Permitted uses. In planned residential developments, land, building or premises shall be used only for the following uses:

(1) Single-family attached dwelling.

(2) Single-family semidetached dwelling.

(3) Townhouses (single-family attached dwellings.).

(4) Manufactured homes.

[Amended 11-30-1993 by Ord. No. 1712]

(5) Recreational or community use for the benefit of the entire population of the Township.

(6) Office, in connection with on-site recreational or community use.

(7) Public utility structures, as regulated by Article XIII of this chapter.

(8) Zero lot line single-family detached dwelling.

[Added 3-10-1992 by Ord. No. 1686]

B. Uses by special exception. The following uses shall be permitted as a special exception when authorized by the Zoning Hearing Board:

(1) Church or other place of worship.

(2) Professional, administrative, business, government rental or nonprofit office building or office.

(3) Home occupations and professional offices in dwellings, as defined in Article II of this chapter, and subject to the regulations in Article XIII of this chapter.

(4) Installation or erection of a satellite dish antenna as an accessory use to a dwelling, subject to the regulations in Article XIII of this chapter.

(5) Day-care home, as an accessory use to a dwelling, subject to the regulations in Article XIII of this chapter.

(6) Family-based community residential facilities, subject to the regulations in Article XIII of this chapter.

(7) Retail store, including general merchandise store, hardware store, variety store, gift shop, food store, confectionery. bakery, restaurant, delicatessen, sandwich or pizza shop, pharmacy or similar establishment.

(a) No drive-in or drive-through establishments shall be permitted.

(b) Total of all lot areas for commercial uses shall occupy not more than 5% of the area of the PRD.

(c) Commercial uses shall be permitted only when a minimum of 100 units are proposed or existing in the PRD.

C. Accessory uses. The following accessory uses shall be permitted:

(1) Private garage and off-street parking as required in Article XIII of this chapter.

(2) Utility/tool shed and similar accessory structure subject to the requirements of Article XIII of this chapter.

(3) Private swimming pool and other recreational use subject to the requirements of Article XIII of this chapter.

(4) Fence, when erected and maintained subject to the requirements of Article XIII of this chapter.

(5) Cafeteria, recreational area, or similar facilities for the exclusive use of employees.

(6) Storage, in conjunction with a permitted use.

(7) Any accessory use on the same lot with and customarily incidental to any of the uses permitted above and not detrimental to the neighborhood.

(8) Signs, subject to the regulations in Article XII of this chapter.

D. Performance standards. All uses permitted in Planned Residential Districts shall be in compliance with the performance standards set forth in Article XI of this chapter.

E. Density and intensity of land use.

(1) Residential development. The maximum allowable average gross density for the PRD shall be six dwelling units per acre.

[Amended 3-4-1993 by Ord. No. 1701]

(a) Each PRD shall consist of not less than two of the dwelling types listed in § 325-100 of this article.

(b) In all cases, single-family detached dwellings shall constitute one of the two required dwelling types and shall consist of a minimum of 15% of the total units in the PRD.

(c) The maximum number of dwelling units contained in manufactured homes shall not exceed 10% of all dwelling units in the PRD.

[Amended 11-30-1993 by Ord. No. 1712]

(2) Commercial development. Commercial development shall be allowed in an amount of square footage not exceeding 10% of the gross floor area of residential structures. Commercial development, including accessory uses, shall not occupy acreage in excess of 5% of the total site.

(3) Common open space and recreation facilities. A minimum of 25% of the total area of the PRD shall be designated as and devoted to common open space and not less than 80% of such common open space shall be kept free of structures and improvements. Wherever possible, the common open space shall be assigned as a contiguous area, easily accessible to all residents of the PRD.

F. Area and bulk regulations.

(1) Single-family detached dwellings.

(a) Lot area. A lot area of not less than 5,000 square feet shall be provided for every dwelling hereafter erected.

(b) Lot width. The lot for each dwelling hereafter erected shall have a width to the front building line of not less than 50 feet.

(c) Minimum yard requirements.

[1] Front yard. There shall be a front yard the depth of which shall be not less than 20 feet.

[2] Side yards. There shall be two side yards, one on either side of each dwelling, which shall have an aggregate width of not less than 20 feet, and neither side yard shall be less than eight feet.

[3] Rear yard. There shall be a rear yard which shall be not less than 25 feet in depth.

[4] Corner lot setbacks. In the case of a corner lot, a setback of not less than 20 feet shall be required from the front street line which the lot abuts and a setback of not less than 15 feet shall be required from the street line of the side street which the lot abuts.

(d) Building coverage. The aggregate area of all buildings on a lot shall not exceed 30% of the lot area.

(e) Height regulation. No building shall have a height exceeding 35 feet with a maximum of three stories above grade.

(f) Off-street parking. Off-street parking shall be as required by Article XIII of this chapter.

(g) Accessory structures. No garage or accessory building that is separated from the main building shall hereafter be located at a distance of less than 20 feet from any portion of the dwelling, nor less than 10 feet from any portion of any other building on the lot. All accessory structures shall comply with regulations contained in Article XIII of this chapter.

(2) Single-family semidetached dwellings.

(a) Lot area. A lot area of not less than 3,000 square feet per dwelling shall be provided for every dwelling hereafter erected.

(b) Lot width. The lot for each dwelling hereafter erected shall have a width at the front building line of not less than 30 feet.

(c) Minimum yard requirements.

[1] Front yard. There shall be a front yard the depth of which shall be not less than 20 feet.

[2] Side yard. For every single-family semidetached dwelling, there shall be one side yard which shall be not less than 10 feet in width.

[3] Rear yard. There shall be a rear yard which shall be not less than 20 feet in depth.

[4] Corner lot setbacks. In the case of a corner lot, a setback of not less than 20 feet shall be required from the front street line which the lot abuts and a setback of not less than 15 feet shall be required from the street line of the side street which the lot abuts.

(d) Building coverage. The aggregate area of all buildings on a lot shall not exceed 30% of the lot area.

(e) Height regulation. No building shall have a height exceeding 35 feet with a maximum of three stories above grade.

(f) Off-street parking. As required by Article XIII of this chapter.

(g) Accessory structures. No garage or accessory building that is separated from the main building shall hereafter be located at a distance of less than 20 feet from any portion of the dwelling, nor less than 10 feet from any portion of any other building on the lot. All accessory structures shall comply with regulations contained in Article XIII of this chapter.

(3) Manufactured homes.

[Amended 11-30-1993 by Ord. No. 1712]

(a) A lot area of not less than 5,000 square feet shall be provided for every manufactured home.

(b) Lot width. The lot for each manufactured home shall have a width to the front building line of not less than 40 feet.

(c) Minimum yard requirements:

[1] Front yard. There shall be a front yard the depth of which shall be not less than 20 feet.

[2] Side yards. There shall be two side yards, one on either Side of each manufactured home, which shall have an aggregate width of not less than 25 feet, and neither side yard shall be less than 10 feet.

[3] Rear yard. There shall be a rear yard which shall be not less than 20 feet in depth.

[4] Corner lot setbacks. In the case of a corner lot, a setback of not less than 20 feet shall be required from the front street line which the lot abuts and a setback of not less than 15 feet shall be required from the street line of the side street which the lot abuts.

(d) Building coverage. The aggregate area of all buildings on a lot shall not exceed 30% of the lot area.

(e) Height regulations. No building shall have a height exceeding 15 feet with a maximum of one story above grade.

(f) Off-street parking. Off-street parking shall be as required by Article XIII of this chapter.

(g) Accessory structures. No garage or accessory building that is separated from the main building shall hereafter be located at a distance of less than 20 feet from any portion of the manufactured home, nor less than 10 feet from any portion of any other building on the lot. All accessory structures shall comply with regulations contained in Article XIII of this chapter.

(4) Townhouses (single-family attached dwellings).

(a) Lot area. A lot area of not less than 1,800 square feet shall be provided for every dwelling unit.

(b) Lot width. The lot for each dwelling unit hereafter erected shall have a width at the building line of not less than 18 feet.

(c) Attached units. The number of attached units in any townhouse structure shall not be less than four nor more than six units in a row.

(d) Minimum yard requirements.

[1] Front yard. There shall be a front yard the depth of which shall be not less than 25 feet.

[2] Side yards. Each group of townhouse units shall have two side yards, with each side yard having a width of not less than 15 feet.

[3] Rear yard. There shall be a rear yard which shall be not less than 15 feet in depth.

[4] Corner lot setbacks. In the case of a corner lot, a setback of not less than 25 feet shall be required from the front street line which the lot abuts and a setback of not less than 15 feet shall be required from the street line of the side street which the lot abuts.

(e) Building coverage. The aggregate area of all buildings on a lot shall not exceed 45% of the lot area.

(f) Variation in setback and design. No more than two consecutive dwelling units in any townhouse structure shall have the same front setback line. In addition, each dwelling unit shall be distinguished from the adjacent dwelling unit in some appropriate manner such as by varying unit width, use of different exterior materials, or varying arrangements of entrances or windows.

(g) Height regulation. No building shall have a height exceeding 35 feet with a maximum of three stories above grade.

(h) Off-street parking. Off-street parking shall be as required by Article XIII of this chapter, with the exception that any part or all of the required front yard may be used for off-street parking.

(i) Accessory structures. No garage or accessory building that is separated from the main building shall hereafter by located at a distance of less than 10 feet from any portion of the dwelling unit or any other building on the lot. All accessory structures shall comply with regulations contained in Article XIII of this chapter.

(5) Nonresidential uses.

(a) Lot area. A lot area of not less than 3,150 square feet shall be provided for every principal building hereafter erected.

(b) Lot width. The lot for each principal building hereafter erected shall have a width at the building line of not less than 30 feet.

(c) Minimum yard requirements.

[1] Front yard. There shall be a front yard the depth of which shall be not less than 15 feet, unless existing buildings on abutting lot(s) have lesser front yards. In such cases the front yard may be equal to or greater than that of one of the existing buildings.

[2] Side yards. There shall be two side yards, one on each side of the building or row of attached buildings, each of which shall have a width of not less than five feet.

[3] Rear yard. There shall be a rear yard which shall be not less than 25 feet in depth.

(d) Building coverage.

[1] In the case of detached buildings, the aggregate area of all buildings on a lot shall not exceed 60% of the lot area.

[2] In the case of semidetached buildings or three or more attached buildings, the aggregate area of all buildings on a lot shall not exceed 70% of the lot area.

(e) Height regulation. No building shall have a height exceeding 35 feet with a maximum of three stories above grade.

(f) Parking. Off-street parking shall be as required by Article XIII of this chapter.

(6) Zero lot line single-family detached dwellings.

[Added 3-10-1992 by Ord. No. 1686]

(a) Lot area. A lot area of not less than 2,500 square feet shall be provided for every dwelling hereafter erected.

(b) Lot width. The lot for each dwelling hereafter erected shall have a width at any point of not less than 15 feet and shall have a width of not less than 30 feet on any portion of the lot where a dwelling is erected. It is intended that this subsection shall supersede any definition or interpretation of "lot width" located in or based upon any other part of this Zoning Chapter.

(c) Minimum yard requirements.

[1] Front yard. There shall be a front yard the depth of which shall be not less than 15 feet.

[2] Side yards. There shall be one side yard the depth of which shall be not less than six feet.

[3] Rear yard. There shall be a rear yard the depth of which shall be not less than 15 feet.

[4] Corner lot setbacks. In the case of a corner lot, a setback of not less than 15 feet shall be required from all street lines which the lot abuts.

(d) Building coverage. The aggregate area of all buildings on a lot shall not exceed 45% of the lot area.

(e) Height regulation. No building shall have a height exceeding 35 feet with a maximum of three stories above grade.

(f) Off-street parking. Off-street parking shall be as required by Article XIII of this chapter.

(g) Accessory structures. No garage or accessory building that is separated from the main building shall hereafter be located at a distance of less than 20 feet from any portion of the dwelling, nor less than 10 feet from any portion of any other building on the lot. All accessory structures shall comply with regulations contained in Article XIII of this chapter.

G. General design standards. The following regulations and standards shall apply to planned residential development.

(1) All housing and other areas shall be planned, designed, constructed, and made maximally usable, operable and habitable with regard to the topography and natural features of the tract. The effects of prevailing winds and solar orientation on the physical layout and form of the proposed buildings and other structures shall be reflected in the development plan.

(2) Variations in location of buildings and other structures shall be provided where necessary to create architectural interest and/or preserve areas of environmental concern and to further amenities of light and air, recreation and visual enjoyment. All dwelling units shall be based on a common architectural theme.

(3) Every building and other structure shall be located and situated to promote pedestrian and visual access to common open space to the extent possible.

(4) The physical design of the development plan shall make adequate provisions for public services and provide adequate control over vehicular traffic.

(5) All housing shall be sited so as to enhance privacy and ensure natural light for all principal rooms.

(6) All utilities shall be placed underground unless such placement is deemed not feasible by the Board of Commissioners.

(7) Fire hydrants shall be installed by the developer to meet the requirements of the Middle Atlantic Fire Underwriters Association and the Township Fire Marshal.

(8) Refuse stations to serve residential and recreational areas shall be designed with suitable screening and located so as to be convenient for trash removal and not offensive to nearby residential areas.

H. Building design standards.

(1) No building shall be less than 33 feet from access roads or parking areas.

(2) No building shall exceed the length of 175 feet in any single direction.

(3) Development near the perimeter of the tract shall be designed to be harmonious with neighboring areas and shall be screened from such areas with landscaping unless such screening is deemed not feasible by the Board of Commissioners.

I. Common open space. In this section relating to common open space, the term "open space" shall be construed to mean "common open space."

(1) General regulations.

(a) Areas agreed by the developer and the Township to be set aside for common open space shall be suitable for that purpose and consistent with the Township policy and plan for future land use.

(b) Open space areas shall contain no major structures other than those related to the purpose of the open space.

(c) Open space areas shall be arranged and located to serve the residents of the development adequately and conveniently, taking into consideration the characteristics of the site, and to preserve and enhance desirable natural features.

(d) Any land designated as common open space shall be restricted to continue as such by an appropriate method approved by the Board of Commissioners.

(2) Common open space design standards.

(a) A minimum of 25% of the gross tract area of the tract shall be devoted to common open space.

(b) Not less than 60% of the total common open space areas shall be outside the floodplain areas and areas with slopes of 25% or more.

(c) Open space areas shall be not less than 70 feet wide and not less than 15,000 square feet of contiguous area, except when part of a trail system or pathway network or tot lot.

(d) Open space areas shall be undivided by any road crossings, except where necessary for proper traffic circulation, and then only upon recommendation of the Township Engineer and Township Planning Commission.

(e) Such areas shall be suitably landscaped by retaining existing natural cover and wooded areas and/or by a landscaping plan which is consistent with the purposes of this section and which minimizes maintenance costs.

(3) Performance bond.

(a) Designated planting and recreation facilities within the open space area shall be provided by the developer. A performance bond or other security shall be required to cover costs of installation.

(b) An appropriate portion of the performance bond or other security will be forfeited by the developer should he fail to install the planting or recreational facilities.

(4) Ownership and maintenance of common open space.

(a) An essential element of the tentative plan is a written description and plan for the disposition of ownership of common open space land designating those areas to be offered for dedication or to be owned by the successor organization proposed.

(b) The Board of Commissioners may, at any time and from time to time, accept the dedication of designated land and/or any interest therein for public use and maintenance, but the Board of Commissioners need not require as a condition of the approval of a PRD that land proposed to be set aside for common open space be dedicated or made available to public use.

(c) In the event that common open space is not dedicated or made available to public use, the landowner shall provide for and establish an organization for the ownership and maintenance of the common open space, and such organization shall not be dissolved nor shall it dispose of the common open space, by sale or otherwise (except to an organization conceived and established to own and maintain the common open space), except by dedication of the same to the public. Such agreements shall be subject to the approval of the Board of Commissioners and contain provisions respecting the right to lien property owners for maintenance charges incurred by the Township in event of default. In any case, the organization provided for the ownership of open space land not dedicated for public use shall be constituted of the property owners within the PRD. The plan may provide that the property owners' association may lease back open space lands to the developer, his heirs or assigns, or to any other qualified person or corporation for operation and maintenance of open space lands, but such a lease agreement shall provide:

[1] That the residents of the PRD shall at all times have access to the open space lands contained therein.

[2] That the common open space to be leased shall be maintained for the purpose set forth in this chapter.

[3] That the operation of open space facilities may be for the benefit of the residents only, or may be open to the general public in accordance with prior commitments to the Board of Commissioners.

(d) The form of the lease shall be subject to the approval of the Board of Commissioners, and any transfer or assignment of the lease shall be further subject to the approval of the Board of Commissioners. Lease agreements shall be recited in the deed and shall be recorded with the recorder of deeds of Delaware County within 30 days of their execution, and a copy of the recorded lease shall be filed with the Secretary of the Township.

(e) The plan to provide for the ownership and maintenance of common open space shall include:

[1] A complete description of the organization to be established for the ownership of open space, if any, and the methods by which this organization shall be established and maintained.

[2] A method reasonably designed to give adequate notice to property owners within the PRD in the event of the sale or other disposition of common open space lands and in the event of assumption of the maintenance of common open space lands by the Township as hereinafter provided.

(f) In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after establishment of the PRD fail to maintain the common open space in reasonable order and conditions in accordance with the development plan, the Board may proceed as provided in the Pennsylvania Municipalities Planning Code[1] to demand that deficiencies of maintenance be corrected or the Township will enter upon and maintain common open space. Notice to the affected property owners in accordance with the provisions of the master plan shall be deemed to be adequate notice by the Township. The cost of such maintenance by the Township shall be assessed ratably against the properties within the PRD that have a right of enjoyment of the common open space, and shall become a lien on said properties. The Township, at the time of entering upon said common open space for the purpose of maintenance, shall file a lien in the office of Judicial Support of Delaware County upon the properties affected by the lien within the planned residential development.

[1] Editor's Note: See 53 P.S. § 10101 et seq.