The provisions of this article are enacted in
order that the purposes of this chapter be furthered in an era of
increasing urbanization and of growing demand for housing of all types
and design; to ensure that the provisions of this chapter which are
concerned in part with the uniform treatment of dwelling type, bulk,
density and open space within each zoning district shall not be applied
to the improvement of land by other than lot by lot development in
a manner that would distort the objectives of this chapter; 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; so that greater opportunity
for better housing and recreation may extend to all citizens and residents
of this Township; and in order to encourage a more efficient use of
land and of public service and to reflect changes in the technology
of land development so that economies secured may accrue to the benefit
of those who need homes and for other uses; and in aid of these purposes,
to provide a procedure which can relate the type, design and layout
of residential development to the particular site and the particular
demand for housing existing at the time of development in a manner
consistent with the preservation of the property values within the
existing residential and nonresidential areas, and to ensure that
the increased flexibility of regulations over land development authorized
herein is carried out under such administrative standards and procedures
as shall encourage the disposition of proposals for land development
without undue delay.
This article is, and all amendments hereto shall
be, based on the Comprehensive Plan for Tobyhanna Township. This article
and such amendments shall be interpreted in relation to said Comprehensive
Plan and any amendments thereof. Every application for approval of
a planned residential development shall be based on and interpreted
in relation to the Comprehensive Plan and any amendments thereof.
The administration of the procedures for application
for and approval of planned residential developments shall be vested
in the Board of Supervisors. The Board shall, however, refer all tentative
and final development plans for such developments to the Planning
Commission for their review and comment. In the event that a majority
of the members of the Board of Supervisors cannot act in their official
capacity as the governing body in accordance with this section, the
procedures for application for and approval of the planned residential
development shall be vested in the Tobyhanna Township Planning Commission.
An application shall not be eligible for tentative
approval unless the following initial requirements are met:
A. The proposed development shall consist of one or more
contiguous tracts of land under single ownership and/or control, containing
in the entirety a minimum of 50 acres, if the proposed development
is located in an RR District; or 25 acres, if the proposed development
is located in an R-1 District; or 10 acres, if the proposed development
is located in an R-2 District. In the event that the proposed planned
residential development is located in two or more residential districts,
compliance with the required minimum area shall be determined by evaluation
using the following formula:
B. The proposed development shall provide for adequate,
safe water supply and sewage disposal consistent with the soil conditions
and the development's plans.
C. The proposed development shall have adequate legal
access to a public street, road or highway.
D. The area to be improved shall be physically suitable
for buildings, streets, accessways, parking, utilities and all other
required or proposed facilities or improvements.
E. The area to be set aside for open space shall be physically
suitable for the proposed use.
F. The area to be set aside for open space shall be dedicated
to and for the use and enjoyment of owners or residents in the development
or, under certain circumstances, the general public.
G. All of the tract must lie within a residential district.
The uses permitted in a planned residential
development shall be limited to the following:
A. Dwelling units in detached, semidetached, attached
or multistoried structures, or any combination thereof, shall be permitted,
provided that the arrangement thereof is consistent with the provisions
of this article.
B. Accessory uses permitted within the RR District by §
155-12C(2),
(3),
(4) and
(5) of this chapter shall be permitted within a planned residential development.
C. Commercial activities as permitted by Article
VIII (excepting gasoline stations and garages) shall be permitted in any planned residential development, provided that such use is incidental to the primary use. The area devoted to such use, including any required yards, parking areas and buffers, shall not exceed 1% of the total gross area of the tract.
D. Open spaces set aside under the provisions of this
article may be used in whole or in part in any of the following ways,
or any manner similar thereto:
(3) Hiking and horseback riding.
The following standards shall govern the density
of dwelling units on the land within a planned residential development:
A. No more than 4.5 dwelling units may be erected for each one acre of land in the total tract under consideration. In the event that the planned residential development incorporates incidental commercial use, as provided in §
155-111C, for the purposes of calculation of the maximum number of units permitted, the gross area of the tract shall be reduced by the area committed to commercial use.
B. An area equal to the sum of 30% of that portion of
the planned residential development located in an RR District, plus
25% of that portion of the planned residential development located
in an R-1 District, plus 20% of that portion of the planned residential
development located in an R-2 District, shall be set aside as open
space for the use and benefit of the residents of the development,
as hereinafter provided.
C. Consideration shall be given to the arrangement and
location of open spaces to take advantage of physical characteristics
of the site and to place open spaces within easy access and view of
dwelling units.
D. In the case of a planned residential development proposed
to be developed over a period of years, a variation in each section
to be developed from the density of use established for the entire
planned residential development may be permitted. A greater concentration
of density of land use within some section or sections of development
may be allowed whether it be earlier or later in the development than
upon others. The approval of such greater concentration of density
land use for any section to be developed shall be offset by a smaller
concentration in any completed prior stage or by an appropriate reservation
of common open space on the remaining land by a grant of easement
or by covenant in favor of the municipality, provided that such reservation
shall, as far as practicable, defer the precise location of such common
open space until an application for final approval is filed, so that
flexibility of development, which is a prime objective of this article,
can be maintained.
Within the limits of maximum overall density of use established in §
155-112, flexibility in the arrangement of housing on individual lots and in clusters of single-family, duplex, townhouses and apartments may be permitted to the requirements of the zone in which the PRD is located.
A. Where single-family houses are situated on individual
lots and the developer elects to utilize on-lot water supply and on-lot
sewage disposal because satisfactory soil and topographic conditions
exist to permit such use, the minimum lot size shall be one acre.
In such cases, the minimum lot width at the building line shall be
125 feet. The building setback shall be a minimum of 50 feet; the
side yards shall be a minimum of 25 feet; the rear yard shall be a
minimum of 50 feet.
B. Where single-family houses are situated on individual
lots and the developer elects to utilize or provide central water
supply and further elects to utilize on-lot sewage disposal because
satisfactory soil and topographic conditions exist to permit such
use, the minimum lot size shall be 20,000 square feet. In such cases,
the minimum lot width at the building line shall be 100 feet. The
building setback shall be a minimum of 40 feet; the side yards shall
be 15 feet; the rear yard shall be a minimum of 50 feet.
C. Where single-family houses are situated on individual
lots and the developer elects to utilize or provide central sewage
disposal facilities and further elects to utilize on-lot water supply,
the minimum lot size shall be 16,000 square feet. In such cases, the
minimum lot width at the building line shall be 90 feet. The building
setback shall be a minimum of 35 feet; the side yards shall be a minimum
of 12 feet, provided that the sum of the two side yards is a minimum
of 30 feet; the rear yard shall be a minimum of 40 feet.
D. Where single-family houses are situated on individual
lots and the developer elects to utilize central water supply facilities
and central sewage disposal facilities, the minimum lot size shall
be 12,000 square feet. In such cases, the minimum lot width at the
building line shall be 75 feet; the side yards shall be a minimum
of 10 feet, provided that the sum of the two side yards is a minimum
of 25 feet; the rear yard shall be a minimum of 30 feet.
E. Where a cluster of multifamily, semidetached, attached, detached or multistoried structures is to be provided, the maximum number of units shall be as set forth in §
155-112A, provided that the developer utilizes central water supply facilities and central sewage disposal facilities, and further provided that:
(1) With respect to townhouse clusters, the following
requirements shall apply:
(a)
No individual townhouse cluster shall contain
in excess of 15 units.
(b)
Each townhouse shall have a minimum setback
of not less than 20 feet from an interior road right-of-way line.
(c)
The distance between townhouse clusters or structures
must be at least five feet per unit contained within the larger of
the townhouse clusters or structures, but in no case shall that distance
be less than 25 feet.
(d)
No building shall exceed three stories in height.
(e)
No one- or two-story building shall be closer
than 50 feet to any exterior property line or exterior road right-of-way
line, and no three-story building shall be closer than 120 feet to
any exterior property line or exterior road right-of-way line.
(2) With respect to apartment clusters, the following
requirements shall apply:
(a)
No individual apartment cluster shall contain
in excess of 40 single-family apartment units.
(b)
Each apartment building shall have a setback
of not less than 50 feet from an interior road right-of-way line.
(c)
No cluster shall be erected within 250 feet
of any other cluster.
(d)
Any building, designed for human occupancy,
over three stories in height shall be of fireproof construction and
shall be equipped with an automatic sprinkler system.
(e)
The minimum distance between any apartment building
and any exterior property line or exterior road right-of-way line
shall be not less than the distance determined from the following
formula:
|
D = 10 (x2 + x) feet
|
|
Where
|
|
|
|
D = The distance
|
|
|
x = The number of stories
|
|
But in no case shall the minimum distance be
less than 50 feet.
|
|
Example: 4-story building:
|
|
10 (42+ 4) = 200
feet
|
(3) Sufficient areas of common land shall be established between and around dwelling units so that the maximum density of dwelling units within any section of cluster housing is 12 units per acre for townhouse clusters and 18 units per acre for apartment clusters. Such common area shall be considered yard areas for these dwelling units and shall not be used in the calculations of open space as provided by §
155-112B of this chapter.
(4) In no event shall more than 15% of the land in the
development, exclusive of required open space, be occupied by structures
for habitation.
(5) Each dwelling unit shall have the following minimum
habitable floor area:
(a)
Studio apartments: 400 square feet.
(b)
One-bedroom apartments: 600 square feet.
(c)
Two-bedroom apartments: 800 square feet.
(d)
Three or more bedrooms: 1,000 square feet.
(e)
For the purpose of determination of habitable
floor area, any room other than a living room, dining room, kitchen,
bath or closet shall be deemed a bedroom.
(6) When the proposed planned residential development utilizes a mix of development types as permitted in Subsection
A through
E above, the maximum number of dwelling units permitted in a cluster development area shall not exceed the number determined by the following formula:
|
Where
|
|
|
C.A. = The acreage devoted to cluster development
|
|
|
G.A. = The gross acreage
|
|
|
O.S. = The total required open space
|
Parking shall be designed and constructed in
accordance with the following:
A. There shall be two off-street parking places for each
dwelling unit.
B. Except as provided hereafter, all off-street parking places shall conform to the requirements of §
155-55.
C. Parking areas shall be screened from adjacent structures,
access roads and traffic arteries by hedges, dense planting, earth
berms or changes in grade or walls. All parking areas shall be a minimum
of 20 feet from all structures, access roads and traffic arteries.
D. Parking areas shall be arranged so as to prevent through
traffic to other parking areas.
E. No more than 15 parking spaces shall be permitted
in a continuous row without being interrupted by landscaping approved
of by the official review agency.
F. No more than 60 parking spaces shall be accommodated
in any single parking area.
G. The construction of off-street parking areas shall be in conformance with the construction standards of minor streets as set forth in Chapter
135, Subdivision and Land Development.
Artificial lighting shall conform to the following:
A. The Board of Supervisors may require that adequate
lighting be provided after dark for any or all of the following: streets,
parking areas, walkways, ramps, steps, signs and other areas of intensive
pedestrian or vehicular use.
B. Such lighting, if required, shall be designed and
located as to direct light away from adjacent residences.
Sewage disposal and water supply facilities
shall conform to the following:
A. The design and construction of any centralized water
supply system shall conform to current applicable standards of the
Department of Environmental Protection and, where applicable, to the
requirements of the Pennsylvania Public Utilities Commission and of
the Delaware River Basin Commission.
B. The design and construction of any centralized sewage
disposal system shall conform to current applicable standards of the
Department of Environmental Protection and, where applicable, to the
requirements of the Pennsylvania Public Utilities Commission and of
the Delaware River Basin Commission. In addition, all designs may
consider adjacent property owners who, within the economic feasibility,
can be serviced by the proposed system.
C. The utilization of on-lot sewage disposal systems
or community systems on lots less than one acre in size shall require
the revision of the Township's Official Sewage Plan and approval by
the Sewage Enforcement Officer and/or the governing body in charge
of sewage disposal systems.
The planned residential development shall be
designed and constructed to take advantage of natural drainage systems
and further minimize site clearance and earthwork.
A. Where site clearance and earthwork are necessary,
suitable soil erosion control measures shall be taken.
B. The storm drainage system shall be designed in accordance with the provisions of Chapter
135, Subdivision and Land Development, and further shall be designed and constructed to minimize erosion and flooding and shall, so far as possible, be compatible with the natural drainage system.
Existing vegetation shall be preserved wherever
possible, practical and feasible. Where natural vegetation is nonexistent
or ineffective or is destroyed by development, landscaping shall be
considered an essential feature of the planned residential development.
Electric, telephone and cable television utilities,
together with adequate rights-of-way, shall be provided to adequately
serve the planned residential development. The developer shall cooperate
with the utility companies in the location and design of the facilities.
Adequate provision shall be made for refuse
removal, and any central refuse stations shall be conveniently located
to and adequately screened from nearby buildings.
Open space and common land established for cluster
housing yards shall conform to the following:
A. Areas set aside for open space shall be suitable for
the designed purpose and, in any event, shall be consistent with the
plan policy for future land use in the Township. Any such area shall
contain no structure other than a structure related to recreational
use. Common open space shall be set aside for the use and benefit
of the residents in the development and shall be located to provide
physical and visual access to residents of the planned residential
development.
B. All floodplain areas, swamps and other groundwater
recharge areas, land with a slope of 20% or more extending over a
distance in excess of 200 feet and land which is physically unsuited
for building or development shall be included within the open space,
and at least 20% of the gross area of the common open space must be
other than floodplain, swamps or land with a slope of 20% or more.
C. A buffer strip not less than 50 feet around the periphery
of the tract shall be provided, which shall be maintained in its natural
state.
D. Cluster housing yards and any land set aside as open
space, of such a size as may be capable of future subdivision under
the regulation of this chapter, must be made subject to a deed restriction
or agreement in a form acceptable to the Board and duly recorded in
the office of the Recorder of Deeds in and for Monroe County, eliminating
the possibility of such further subdivision or by any method approved
by the Board in approving the plan.
E. The developer shall make adequate provision for the
proper maintenance of common open spaces and cluster housing yards
and improvements thereon in accordance with the provisions of the
Municipalities Planning Code, Act 247, Section 705, Subparagraph (f). The developer 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), without
first offering to dedicate the same to the public. Such an offer of
dedication shall be made by deed of dedication in a form satisfactory
to the Board of Supervisors. The Board need not accept the offer of
dedication, but may use procedures provided by law to assure that
common open space is maintained in reasonable condition.
Matters relating to maintenance of common open
space and enforcement and modifications of the provisions of a plan
shall be as provided by the Municipalities Planning Code, Act 247,
Section 706.