The provisions of this article are intended
to permit and encourage innovations in residential development through
permitting a greater variety, type, design, and layout of dwellings;
and by allowing the development of well-planned, higher-density residential
neighborhoods or groups of residences on sites larger than normal
building lots. To give the site planner maximum freedom, more intensive
use of land may be permitted, and the coverage, height, setback and
other requirements may be varied under circumstances which will ensure
more imaginative use of a building site than can be achieved under
the standard regulations of this chapter. This provision is intended
to encourage a more efficient use of open space and public services.
This development may contain individual single-family to multifamily
dwellings and common property which is planned and developed as a
unit.
Pursuant to Section 702 of the Pennsylvania
Municipalities Planning Code, Act 247, as amended, the authority to approve or disapprove applications and
plans for a planned residential development is vested with the governing
body. The Dallas Township Board of Supervisors hereby retains such
authority. The Board of Supervisors grants Dallas Township Planning
Commission to act in an advisory capacity to review and to provide
comment to the Board of Supervisors when considering a Planned Residential
Development. Review and comment shall also be required by the Luzerne
County Planning Commission under the same procedures applicable to
a subdivision and/or land development.
The principal permitted uses shall include:
A. Single-family detached dwellings.
D. Accessory uses: Customary accessory uses and buildings
to the above shall be permitted in accordance with the applicable
provisions of this chapter.
The following methodology shall be applicable
to determine area requirements within this article:
A. Gross area. All land within a parcel, based upon the
existing deed, proposed to be developed as a PRD.
B. Net area available for development. The gross area
minus the sum of all environmentally constrained land or other areas
as listed below:
(2) Wetlands that cannot be reasonably incorporated into
usable common open space, natural bodies of water including ponds,
creeks, streams or, lakes, existing public or private street.
(3) Utility rights-of-way, both subsurface and overhead,
that cannot be reasonably incorporated into usable common open space.
(5) Slopes which equal or exceed 25%.
(6) Any other area which contain sensitive environmental
features that may not be suitable for development.
C. Net residential area. The net area available for development
minus required open space.
D. Common open space. Not less than 20% of net area available
for development shall be designated, designed and devoted to common
open space for the use and enjoyment of the residents therein.
E. Residential density. The permitted maximum residential
density for the net residential area of a PRD shall be as follows:
|
Zoning District
|
Minimum Lot Area of District
(acres)
|
Maximum Density for PRD1
|
---|
|
A-1
|
1
|
One unit per each 25,000 square feet
|
|
NOTES:
|
---|
|
1
|
Maximum density based upon central sewage and
a potable water supply provided by a centralized water system; otherwise,
the maximum density shall be increased to one unit per acre.
|
All planned residential developments shall be
subject to the following:
A. Minimum tract area. A planned residential development
shall have a gross land area of not less than 25 acres.
B. Distance between buildings. No buildings or structure,
including porches, decks or balconies, shall be less than 30 feet
to any other building or structure.
C. Setback requirements. The minimum front, side and
rear setbacks for a planned residential development shall each be
not less than 50 feet to the property lines of adjoining properties.
A planting strip of not less than 20 feet in width shall be along
all property lines at the periphery of the development where necessary
to preserve the privacy of neighboring residents. Land adjacent to
a lake, pond, stream, wetlands, or watercourse shall remain as permanent
open space for a distance of not less than 100 feet from the water's
edge, unless superseded by more restrictive standards.
D. Maximum building height. No structures within a PRD
shall exceed 2 1/2 stories, with a maximum height not to exceed
45 feet.
A planned residential development shall be subject
to the following standards and regulations:
A. Requirements for improvements and design. All improvements,
including but not limited to streets, curbing, sidewalks, stormwater
detention facilities, drainage facilities, water supply facilities,
sewage disposal, street lighting, tree lawns, etc., unless otherwise
exempted, shall be designed and constructed in conformance with the
standards and requirements of the Dallas Township Subdivision and
Land Development Ordinance.
B. Sewage disposal. Disposal of sanitary sewage shall
be by means of centralized sewers and shall conform to the design
standards of the Dallas Township Subdivision and Land Development
Ordinance. The proposed sewage collection system and treatment facility
shall require DEP approval as a prerequisite and/or condition to tentative
approval of a development plan.
C. Water supply. The water supply shall be an off-site
system supplied by a certified public utility, a bona fide cooperative
association of lot owners, or by a municipal corporation, authority
or utility. A copy of a certificate of public convenience from the
Pennsylvania Public Utility Commission or an application for such
certificate, a cooperative agreement or a commitment or agreement
to serve the planned residential development in question shall be
required. Whichever form is appropriate shall be considered as acceptable
evidence.
A planned residential development may be constructed
in phases subject to the following:
A. The application for tentative approval shall cover
the entire area to be developed with a schedule delineating all proposed
phases; as well as the dates by which applications for final approval
of each phase shall be filed. Such schedule shall be updated annually
by the applicant on or before the anniversary date of the approval
of the development plan, until all phases are completed and granted
final approval by the Board of Supervisors. Any modification in the
aforesaid schedule shall be subject to approval of the Board of Supervisors
in its discretion.
B. Not less than 15% of the total number of dwelling
units to be constructed shall be included in the first phase.
C. The second and any subsequent phases shall be completed
in accordance with the tentatively approved plan, with each phase
containing not less than 15% of the total number of dwelling units.
D. The Board of Supervisors may impose further conditions
upon the filing of any phase of a development plan as it may deem
necessary to assure the orderly development of the plan and/or to
protect the public health, safety and welfare.
To further the mutual interest of the residents
of the planned residential development and of the public in the preservation
of the integrity of the development plan, as finally approved, and
to insure that modifications, if any, in the development plan shall
not impair the reasonable reliance of said residents upon the provisions
of the development plan, nor result in changes that would adversely
affect the public interest, the enforcement and modifications of the
provisions of the development as finally approved, whether those are
recorded by plat, covenant, easement or otherwise, shall be subject
to the following:
A. Provisions of the development plan relating to the
use, bulk and location of buildings and structures; the quantity and
location of common open space, except as otherwise provided herein;
and the intensity of use or the density of residential units shall
run in favor of the Township and shall be enforceable in law or in
equity by the Township, without limitation on any powers of regulation
otherwise granted the Township by law.
B. All provisions of the development plan shall run in
favor of the residents of the planned residential development, but
only to the extent expressly provided in the development plan and
in accordance with the terms of the development plan, and to that
extent said provisions, whether recorded by plat, covenant, easement
or otherwise, may be enforced at law or in equity by said residents
acting individually, jointly or through an organization designated
in the development plan to act on their behalf; provided, however,
that no provisions of the development plan shall be implied to exist
in favor of residents of the planned residential development except
as to those portions of the development plan which have been finally
approved and have been recorded.
C. All those provisions of the development plan authorized
to be enforced by the Township under this section may be modified,
removed or released by the Township, except grants of easements relating
to the service or equipment of a public utility, subject to the following
conditions:
(1) No such modification, removal or release of the provisions
of the development plan by the Township shall affect the rights of
the residents of the planned residential development to maintain and
enforce those provisions, at law or in equity, as provided in this
section.
(2) No modification, removal or release of the provisions
of the development plan by the Township shall be permitted except
upon a finding by the Board of Supervisors, following a public hearing
pursuant to public notice, called and held in accordance with the
provisions of this section, that the same is consistent with the efficient
development and preservation of the entire planned residential development,
does not adversely affect either the enjoyment of land abutting upon
or across the street from the planned residential development or public
interest, and is not granted solely to confer a special benefit upon
any person.
D. Residents of the planned residential development may,
to the extent and in the manner expressly authorized by the provisions
of the development plan, modify, remove or release their rights to
enforce the provisions of the development plan, but no such action
shall affect the right of the Township to enforce the provisions of
the development plan in accordance with the provisions of this section.
The application for approval, tentative and
final, of a planned residential development as provided for by this
chapter shall be in lieu of all other procedures or approvals otherwise
required by the Zoning Ordinance and Subdivision and Land Development
Ordinance of the Township, except where specifically indicated. The procedures herein
described for approval or disapproval of a development plan for a
planned residential development and the continuing administration
thereof are established in the public interests in order to provide
an expeditious method for processing a development plan for a planned
residential development and to avoid the delay and uncertainty which
would arise if it were necessary to secure approval, by a multiplicity
of local procedures, of a plat of subdivision as well as approval
of a change in the zoning regulations otherwise applicable to the
property. An application for tentative approval shall be consistent
with the following:
A. Informal consultation. The landowner and Board of
Supervisors may consult informally at a public meeting or work session
concerning the proposed planned residential development prior to the
filing of an application for tentative approval, provided that no
statement or representation by a member of the Board of Supervisors
shall be binding upon the Board of Supervisors as a whole. The informal
consultation is intended to allow the landowner and Township officials
to exchange comments and discuss issues which may be of particular
significance to the site.
B. Application and fee. An application for tentative
approval shall be filed by or on behalf of the landowner with the
Zoning Officer. An application fee of $500, plus $75 per housing unit,
based upon total number of proposed housing units, shall be paid upon
filing the required application.
C. Relationship to planning, zoning and subdivision.
All planning, zoning and subdivision matters relating to the platting,
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 Township, shall be determined and established
by the Township Board of Supervisors.
D. Required documentation. The application for tentative
approval shall include documentation illustrating compliance with
all of the standards for a planned residential development and, where
necessary, the Township shall order such documentation to aid them
in their review. An original and 15 copies of the application shall
be submitted along with 20 copies of each of the following:
(1) Any required study and/or report, prepared as an impact
analysis, which may be required at the discretion of the Board of
Supervisors. A determination of the need for any such study and/or
report may be made at the time of the informal consultation or during
the public hearing for consideration of tentative approval of the
development plan.
(2) The development plan for the entire site, in addition
to all other requirements shall include information and documentation
noted herein:
(a)
The location, size and topography of the site
and the legal nature of the landowner's interest in the land proposed
to be developed.
(b)
The density of land use to be allocated to parts
and/or phases of the site to be developed.
(c)
The location and size of common open space and
the form of organization proposed to own and maintain the common open
space.
(d)
The use and height, bulk and location of buildings
and other structures.
(e)
The means and feasibility of proposals for the
disposition of sanitary waste and stormwater.
(f)
The substance of covenants, grants or 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.
(g)
Provisions for parking of vehicles and the location
and width of proposed streets and any other form of public rights-of-way,
excluding common open space.
(h)
The required modifications in the Township land
use regulations as contained within the Township's Zoning Ordinance
and Subdivision and Land Development Ordinance, otherwise applicable to the subject property.
(i)
The feasibility of proposals for energy conservation
and the effective utilization of renewable energy sources.
(j)
In the case of development plans, which call
for development over a period of years, a schedule showing the proposed
timetable within which applications for final approval of all phases
of the planned residential development are intended to filed. This
schedule must be updated annually, on the anniversary of its approval,
until the development is completed and accepted.
(k)
A plan map at a scale of not greater than one
inch equals 50 feet, with contours for each two-foot change in elevation.
A location map shall also be provided at a scale of not greater than
one inch equals 2,000 feet, indicating the relation of the site to
its geographic proximity within the Township. The drafting standards
applicable for a major subdivision and/or land development, as provided
for within the Dallas Township Subdivision and Land Development Ordinance,
shall apply.
E. Statement of landowner. The application shall also
include a written statement by the landowner setting forth the reasons
why, in his opinion, the planned residential development would be
in the public interest and consistent with the Comprehensive Plan
of the Dallas Township, including any subject amendments to said Plan.
F. Application and approval procedures in lieu of others.
The application for tentative and final approval of a development
plan for a planned residential development prescribed herein shall
be in lieu of all other procedures and approvals required by the Zoning
Ordinance and Subdivision and Land Development Ordinance of the Township, unless otherwise expressly stated.
G. Referrals and review of plan. The application for
tentative approval shall be filed with the Zoning Officer, who shall
be authorized to accept such applications under the Zoning Ordinance.
Copies of the application and tentative plan shall be referred to
the agencies and officials as required by the Township's Subdivision
and Land Development Ordinance for their review and comment. Said
reports shall be available prior the public hearing.