[Added 6-14-2021 by Ord. No. 1095]
A.
Purpose. It is the purpose of this article to establish regulations
and controls for the use of land and structures, areas of lots, bulk
of buildings, amount and kind of open space, the provision of off-street
parking and other similar accessory regulations in a PRD in accordance
with guidelines set forth in the MPC 53 P.S. § 10701 et
seq., as amended. The purpose of these PRD regulations is to provide
for residential development as a single unit and permit more flexibility
than is generally possible under conventional zoning controls. Further,
the PRD is intended to:
(1)
Provide for a more varied, innovative and efficient development pattern
consistent with traditional patterns and scale of development, a mix
of uses, and designs that occurred prior to newer suburban development
patterns.
(2)
Preserve the existing topography and wooded slopes by encouraging
clustered development and limiting hillside development beyond a reasonable
gradient.
(3)
Promote a mix of diverse but compatible types of neighborhood development.
(4)
Encourage a blend of housing at a moderate density to serve various
age groups and types of housing.
(5)
Provide for safe and convenient pedestrian, bicycle, and vehicle
circulation.
(6)
Provide walkable development patterns and shift the focus from motor
vehicles to pedestrians and bicycles.
(7)
Encourage persons to work, shop and recreate in and around the neighborhood
in which they live.
(8)
Encourage the creation of a sense of place and a community spirit
that promotes social interaction.
(9)
Conserve open space and encourage a more efficient use of land, resulting
in small networks of utilities and streets and lower housing and infrastructure
maintenance costs.
As used in this article, the following terms shall have the
meanings indicated:
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development, including but not limited to an application for a building
permit, for the approval of a subdivision plat or plan or for the
approval of a development plan.
A use, the primary function of which is to provide indoor
recreational, meeting, and/or administrative space to serve the residents
of a development that is maintained and operated by a homeowners'
association as a part of the common open space of a planned residential
development.
A parcel or parcels of land or an area of water, or a combination of land and water within a development site, designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities. Areas devoted to stormwater management facilities shall be permitted to be included within the minimum required common open space area, in conformance with § 450-66E of this chapter.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner who makes or causes to be made a subdivision
of land or a land development.
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
the development plan" when used in this article shall mean the written
and graphic materials referred to in this definition.
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
In accordance with Section 503(1.1) of the MPC[1], the following activities are excluded from the definition
of a "land development":
The conversion of an existing single-family detached dwelling
(less than 3 units);
The addition of an accessory building (including farm/agricultural
buildings); or
The addition or conversion of buildings or rides within the
confines of an enterprise that could be considered an "amusement park."
The legal or beneficial owner or owners of land including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
The fifteen-foot area between the continuous line forming
the boundary of a property and the developed portion of a planned
residential development. The perimeter buffer functions as an opaque
screen from the ground to a height of at least 10 feet preventing
visual contact between uses and creating a strong impression of total
separation.
[Added 3-27-2023 by Ord. No. 1114]
An area of land controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or a combination
of residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, type of dwelling, or use, density,
intensity, lot coverage and required open space to the regulations
established in any one district created, from time to time, under
the provisions of this chapter.
A planning commission, planning department, or a planning
committee of the governing body.
The map or plan of subdivision or land development, whether
preliminary or final.
Includes:
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres
not involving any new street or easement of access or any residential
dwelling shall be exempted.
[1]
Editor's Note: See 53 P.S. § 10503(1.1).
A.
Authority. The Township shall hear and decide requests for PRD in
accordance with the provisions and procedures of this article.
B.
Compliance. No proposed PRD may be approved or recorded, and no lot
of the proposed PRD may be sold or any structure built, altered, moved
or enlarged, in any proposed PRD unless and until the proposed PRD
plan has been shown to meet all requirements of all applicable codes
and ordinances of the Township, including but not limited to this
chapter.
C.
D.
Application procedure, general. An application for development of a PRD is governed by and follows the procedure of Article VII of the MPC, 53 P.S. §§ 10701 et seq. The applicant shall submit all applications to the Zoning Officer. The fee for the application is set by resolution of the Board of Commissioners as a part of the annual fee resolution.[1]
[1]
Editor's Note: The current fee resolution is on file in the
Township offices.
E.
Preapplication conference (optional).
(1)
Purpose. Before submission of an application for tentative approval,
the applicant is strongly encouraged to have a meeting with the Township
staff and such other personnel as may be necessary to determine the
feasibility, suitability, and timing of the application. The intent
of this step is for the applicant to obtain information and guidance
from the Township before entering into any commitments or incurring
substantial expenses with regard to the site and the PRD plan preparation.
F.
Tentative approval.
(1)
Application content. An application for tentative approval of a PRD
shall include the following:
(a)
One copy of the application form provided by the Township and
completed by the applicant.
(b)
Application fee for tentative approval of a PRD.
(c)
Maps and information required by Chapter 385, Subdivision and Land Development, and § 385-16, Preliminary plan, which shall show compliance with Subsection (4) of Section 707 of the MPC, 53 P.S. § 10704(4), and shall provide information to determine the location and size of the common areas and common open space and the form of the organization proposed to own and maintain the common areas for PRD.
(d)
Plans and information documenting compliance with Subsections (4) and (5) of Section 707 of the MPC.[2] Such plans and information shall indicate reasons why
the PRD is consistent with the Comprehensive Plan and is in the interest
of the Township. Requested modifications to the Code otherwise applicable
to the site shall be cited.
[2]
Editor's Note: See 53 P.S. § 10707(4) and (5).
(e)
Total number of lots for each type of residential use.
(f)
Residential density. The total number of dwelling units, and
for each type of residential use, the percentage in relation to the
total number of residential dwelling units.
(g)
Gross land area percentage for nonresidential uses. The acreage
of each type of nonresidential use, square footage proposed, and location
of areas proposed for nonresidential uses.
(h)
General vehicular and nonvehicular patterns, including all points
of access to the site for the entire PRD; including a map designating
streets types and identifying those proposed for public dedication.
(i)
Location and dimensions of streets and ROW of the proposed street
network. A street specification document shall be provided as part
of the tentative plan if new streets are proposed with the PRD.
(j)
Boundaries and conceptual depiction of the location and proposed
use in each area of the development, which includes depictions of
residential and nonresidential uses.
(k)
A narrative that describes the proposed covenants, restrictions,
development standards, and the proposed community association documents
or a draft of such documents.
(l)
Location of proposed public utilities including improvements
that will be owned, operated and maintained by a property owners'
association.
(m)
A plan for providing stormwater control. The plan for stormwater
management facilities shall be accompanied by an analysis and discussion
of anticipated stormwater management methods.
(n)
A plan for providing streetlighting street trees, sidewalks, and pedestrian or bicycle trails as proposed and/or required by this chapter or Chapter 385, Subdivision and Land Development of the Township Code.
(o)
Such other data as is reasonably found necessary by the Planning
Commission and/or Board of Commissioners.
(2)
Planning commission review and comment. The Planning Commission shall
review and discuss the proposed PRD at an open meeting and take public
comments on the proposed application for tentative approval. The Planning
Commission shall make a written recommendation to the Board of Commissioners
on any application for tentative approval of a PRD. The Planning Commission
shall set forth the reasons for its recommendation that the proposal
be either approved or denied.
(3)
The Planning Division of Allegheny County Economic Development (ACED)
review and comment. At least 30 days before the public hearing, applicant
shall submit the application for tentative approval of a PRD to the
Allegheny County Planning Department for review and comment as required
by the MPC, 53 P.S. § 10101 et seq.
(4)
Public hearing. The Board of Commissioners shall hold a public hearing
on the application for tentative approval in accordance with Section
708 of the MPC, 53 P.S. § 10708. The Township shall cause
notice of the public hearing to be given as required by law.
(5)
Considerations for approval. The Board of Commissioners shall consider
whether proposed application for development of a PRD will make for
a more efficient, attractive, and harmonious planned development,
as compared to the underlying zoning district.
(6)
Finding. The Board of Commissioners shall make findings in accordance
with Section 709 of the MPC, 53 P.S. § 10709.
(7)
Official written communication. The official written communication
of findings shall be certified by the Township Manager and a certified
copy shall be mailed to the landowner and developer in accordance
with Section 709 of the MPC, 53 P.S. § 10709.
G.
Status of the plan after tentative approval. The status of a plan
after tentative approval shall be in accordance with Section 710 of
the MPC, 53 P.S. § 10710.
H.
Final approval.
(1)
Submission of application. The application for final approval of
a PRD shall be submitted within six months after tentative approval,
unless the Township grants an extension upon written request of the
developer to a date not to exceed 18 months from the date of tentative
approval. However, PRDs proposed in phases shall have applications
for final approval made pursuant to the phase schedule set forth in
the official written communication of the findings of the Township
with respect to tentative approval.
(2)
Application content. An application for final approval of a PRD shall
include the following:
(a)
Twelve copies of an application form provided by the Township
and completed by the developer.
(b)
Application fee and review fees for final approval of a PRD.
(c)
Maps and information with the same number of copies as required by Chapter 385, Subdivision and Land Development.
(d)
Twelve copies of final drawings, including floor plans and elevations
for all structures and buildings other than residential dwellings,
prepared by an architect, including all proposed signs, all exterior
illumination and all outside storage areas.
(e)
The final plat for the PRD shall contain those items approved in the application for tentative approval and the items in Chapter 385, Subdivision and Land Development.
(f)
Twelve copies of a development schedule showing:
[1]
The order of construction of the proposed sections delineated
in the final development plan.
[2]
The proposed date for the beginning of construction on said
sections.
[3]
The proposed date for the completion of construction on said
sections.
[4]
The proposed schedule for the construction and improvement of
the common areas.
(g)
Twelve copies of deed restriction proposals to preserve the
character of the common areas.
(h)
If the developer elects the association or nonprofit corporation
method of administering common areas, the proposed bylaws of the association
or the certificate of incorporation and the incorporated bylaws of
the nonprofit corporation.
(i)
If the developer elects the condominium method of ownership
of common areas, the proposed declaration of condominium bylaws and
related documents.
(j)
Instruments dedicating all public and private ROW, easements
and other public lots shown on the final development plan from all
persons having any interest in said lots.
(k)
Improvement security. The developer shall guarantee the installation
of the private and public improvements specified in the final development
plan by providing an improvement security in the amount of 110% of
the estimated cost of construction of the private and public improvements,
as determined in accordance with Section 509 of the MPC, 53 P.S. § 10509.
(l)
Twelve copies of tax receipts. Paid receipts from the taxing
bodies, indicating taxes have been paid in full, up to and including
the current period.
(3)
Planning commission review and recommendation. The Planning Commission
shall examine the application and determine if the application meets
the criteria and includes the items required and if the application
for final approval complies with the conditions of tentative approval,
if any. The Planning Commission shall forward its written recommendation
to the Board of Commissioners for final approval, setting forth its
findings and reasons.
(4)
Action on application for final approval. Action on the application
for final approval shall be in accordance with Section 711 of the
MPC, 53 P.S. § 10711.
I.
Recording of final development plan. Recording of the final development plan shall be in accordance with Section 711(d) of the MPC, 53 P.S. § 10711(d). The time for recording of a final development plan granted final approval by the Board of Commissioners shall be governed by the provisions of Chapter 385, Subdivision and Land Development.
J.
Zoning approval. No zoning approval for construction or erection
of structures or for occupancy and use shall be issued until the final
development plan has been approved and recorded. Upon proof of recording
and certification of final approval by the Board of Commissioners,
a zoning approval shall be issued by the Zoning Officer.
K.
Procedure for approval of amendments to PRDs after final approval
and/or recording. Any amendment to a PRD submitted after final approval
for recording which does not violate any of the conditions or requirements
of the tentative approval or of the zoning district classification
may be approved at an open meeting of the Board of Commissioners after
recommendation by the Planning Commission. Amendments involving substantive
changes or modifications to conditions shall require a public hearing
in the same manner as for an application for tentative approval of
a PRD. Upon approval of the amendment, the recorded final development
plan shall be amended and rerecorded to conform to the amendment.
L.
Completion and acceptance of public improvements. Upon completion of the public improvements in a final development plan, the provisions of Chapter 385, Subdivision and Land Development shall apply and govern the completion and acceptance of public improvements.
M.
Release of improvement security. The release of the improvement security required under this article shall be governed by Chapter 385, Subdivision and Land Development, and the acceptance of public improvements, and the required maintenance security shall be governed by Chapter 385, Subdivision and Land Development.
B.
The PRD shall be served by public water and public sewer.
C.
The provisions of this article for approval of a PRD plan shall be a modification to and in lieu of procedures for approvals otherwise required by this article and Chapter 385, Subdivision and Land Development.
D.
In addition to the requirements of this article, applicants and developers
must also apply for and obtain any and all permits required by this
article and any other Township ordinance.
E.
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 article.
A.
Permitted uses in the R-2, R-3 and R-4 Zoning Districts. The following
uses may be permitted in a development plan, provided their design,
arrangement, landscaping and construction meet the requirements set
forth in this article.
(1)
Residential uses. Single-family dwellings, duplex dwellings, townhouses,
multifamily dwellings, and quadruplex dwellings.
(a)
A minimum of 20% of all residential uses within a PRD shall
be single-family dwellings in the R-2 and R-3 Zoning Districts.
(2)
Commercial uses in the R-2, R-3 and R-4 Zoning Districts. The following
uses shall be permitted in conjunction with a PRD: specialty retail.
(3)
Other permitted uses. Clubhouses, common open spaces, parks and playgrounds,
and pools, the purposes of which are to act as amenities to a PRD
and which are located within the common open space of an approved
PRD.
B.
Permitted uses in the C-1 Zoning District. The following uses may
be permitted in a development plan provided their design, arrangement,
landscaping and construction meets the requirements set forth in this
article.
A.
The site for any PRD shall meet the following requirements:
(1)
The entire site for the development plan shall be owned or controlled
by the developer.
(2)
Access. The site must provide for direct access from a collector
or arterial road, as defined by this chapter, to assure convenient
and safe access which will not cause undue congestion or hazard on
local streets.
(3)
Natural features. Existing natural features, such as trees, steep
slopes, watercourses, historic assets and similar irreplaceable assets,
shall be preserved insofar as possible through harmonious design of
the development plan.
B.
Minimum size. The site shall not be less than five acres for a PRD.
C.
Permitted density.
|
Table 1. Table of Lot
Area, Density, Bulk and Perimeter Buffer Requirements for PRD
| ||||||
|---|---|---|---|---|---|---|
|
District in which the PRD is located
|
Minimum Lot Area/Dwelling Unit
(square feet)
|
Maximum Lot Density (units/acre)
|
Front Yard Setback
|
Rear Yard Setback
|
Side Yard Setback
|
Perimeter Buffer setback1
|
|
R-1
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
|
R-2
|
6,250
|
7
|
20
|
15
|
5
|
15
|
|
R-3
|
5,445
|
8
|
20
|
15
|
5
|
10
|
|
R-4
|
4,356
|
10
|
15
|
15
|
5
|
10
|
|
C-1
|
3,630
|
12
|
20
|
15
|
5*
|
15
|
|
M, F-1, LAR-TND
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
|
1
|
See also § 450-66F, Perimeter buffer
|
|
*
|
Adjoining district, other than Commercial
|
D.
In calculating the residential density, all proposed commercial acreage
shall be subtracted from the gross site area. When mixed-use structures
are proposed that include upper story residential uses in conjunction
with first floor commercial uses, the acreage for the mixed-use structures
shall be included in the gross site area for calculation of residential
dwelling units.
E.
Building spacing. The requirements determining the spacing of buildings
shall be as flexible as possible so as to encourage imaginative site
design. The spaces between buildings shall guarantee adequate light,
air and emergency access as required by the Township Building Code.[1] Side setbacks shall not be required for units that share a common wall. Side setbacks listed in Table 1, § 450-65C will only apply for end units.
F.
Building height. Building height shall comply with the requirements
of the underlying zoning district.
G.
Off street parking. Off-street parking spaces shall be provided in accordance with specification of § 450-23, Off-street parking and loading, of this chapter.
A.
Sidewalks and pedestrian walkways. Sidewalks shall be required on
both sides of all streets. In addition, pedestrian interior walks
may be required where necessary to assist circulation or provide access
to community facilities.
(2)
In the event that the Township determines that it is not feasible
to construct sidewalks that connect to an arterial or collector street
or to internal parks or open space, then and in lieu of providing
a sidewalk along the frontage of a collector or arterial street, the
developer and the Township shall agree to a modification to the requirements
for the construction of that sidewalk only.
B.
Utilities. All utilities located within the PRD shall be located
underground.
C.
Lighting. Lighting shall be provided at all street entrances, intersections
and collective gathering areas subject to the approval of the Township
Engineer.
D.
Trees. Trees shall be planted along all streets. The location and
types must meet the approval of the Planning Commission.
E.
Common open space. All PRDs shall preserve 25% of the gross site
area as common open space.
(1)
Common open space for active recreation. At least 10% of the required
25% common open space shall have a slope of 10% or less and shall
be designed for active recreation uses. Active recreation spaces should
include parks, plazas, greens and/or squares.
(2)
Areas devoted to stormwater management facilities shall be permitted
to be included within the minimum required common open space area
where such facilities are integrally incorporated into the overall
open space design and use best management practices. When the stormwater
management facility is an underground storage facility, the area may
be counted towards the required active recreation space. In no case
shall an aboveground stormwater detention facility be counted towards
the required active recreation space.
(3)
Common open spaces shall be used for social, passive recreational
and/or natural environment preservation purposes. The common open
space shall typically include all or part of the following resources:
(4)
Common open space land shall be accessible from a road within the
development plan or shall adjoin and become part of an existing open
space area that is accessible from a road within the development plan.
F.
Perimeter buffer.
[Amended 3-27-2023 by Ord. No. 1114]
(1)
Requirement. Landscaping shall be provided to buffer the negative impacts between incompatible land uses, and to minimize the adverse effects of certain activities upon their surroundings. The minimum site perimeter buffers shall be as listed in § 450-65C, Table 1.
(2)
Buffer zone standards.
(a)
Buffer zones shall be required along the property line between
adjacent lots as specified in Table 2 and further defined herein.
The perimeter buffer shall be green space with no improvements with
the exception of stormwater management facilities and points of access.
|
Table 2. Buffer zones.
 |
(b)
A buffer zone shall be required even where the adjacent property
is unimproved.
(c)
Prior to changing the use of a property to a more intense land
use (for example, residential to commercial), or when a property is
rezoned to a more intense district, a buffer zone meeting the applicable
requirements of this section shall be installed.
(d)
All areas of the buffer zone outside of planting beds shall
be planted with grass or other living ground cover or preserved in
a natural wooded state.
(3)
Required buffer zones.
(a)
Residential PRD.
[1]
Perimeter buffer zones shall be required in a Residential PRD
and shall be established as a part of the development plan review
process. At a minimum, Residential PRDs shall include the following
plant quantities per 100 linear feet of property line: two Canopy
trees, two ornamental trees, two evergreen trees and four shrubs.
[2]
Perimeter buffer zones shall be required in a Commercial PRD
and shall be established as a part of the development plan review
process. At a minimum, Commercial PRDs shall include the following
plant quantities per 100 linear feet of property line: three ornamental
trees, three evergreen trees and six shrubs.
(4)
Buffer zone exceptions. A buffer zone shall not apply where the
reviewing authority determines that existing natural conditions are
such that a lot cannot reasonably accommodate a required buffer or
where existing natural conditions on the lot act as a buffer. Alternately,
where the reviewing authority determines that a vegetative buffer
is inappropriate for a lot, they may approve the installation of a
fence or wall to meet the buffer requirements. The following factors
shall be considered when evaluating any request for exception:
(a)
Physical characteristics of the site and surrounding area such
as topography, vegetation, water features, etc.;
(b)
Views and noise levels;
(c)
Proximity or potential proximity to residential uses;
(d)
Building and parking lot placement; and
(e)
Location of outdoor storage, display or sales areas.
(5)
Plant materials. All required buffers shall comply with the following
standards in addition to all other applicable requirements of this
section. Acceptable trees may be selected from the list of desirable
species in Appendix A,[2] which is Tree Pittsburgh's "Tree Species for Parks
& Open Spaces in Allegheny County," updated Spring 2021.
(a)
All plant materials shall be hardy to Allegheny County and free
of disease and insects.
(b)
Landscaped areas shall be maintained in a neat, healthy and
orderly condition following accepted horticultural practices. Withered,
dying and/or dead plants and trees shall be replaced within a reasonable
period of time, but not longer than one growing season. First season
watering plans shall be provided to the Planning Commission for review
and to ensure plant establishment in first season growth periods.
(c)
Artificial plant material shall not be used within any required
landscaped area. This shall not preclude the use of stone, shredded
bark, wood chips, pine needles or similar accent materials within
planting beds.
(d)
All plant material shall be installed in such a manner so as
not to alter drainage patterns on the site or adjacent properties
or to obstruct vision for safety of ingress or egress.
(e)
All plant material shall be planted in a manner so as to not
cause damage to utility lines (above and below ground) and public
roadways.
(f)
Existing plant material which complies with the standards of
intent of this chapter and the provisions of this section may be credited
toward meeting the landscape requirements. Scrub, dying, diseased
trees and shrubs or trees and shrubs not included in Appendix A[3] shall be removed and shall not be counted toward any requirement
of this section.
[3]
Editor's Note: Appendix A is on file in the Township
Offices.
(g)
The overall landscape plan shall not contain more than 33% of
any one plant species, unless determined to be appropriate by the
reviewing authority.
(h)
Plant material shall conform to the standards found in the American
Standard for Nursery Stock (ANSI Z60.1-2014) published by American
Hort and conform to the minimum plant sizes at the time of planting
listed in Table 3, unless a greater requirement is specified elsewhere
in this chapter. Larger sizes may be required by the reviewing authority,
if determined to be necessary to maintain a natural appearance and
achieve the intended purpose of the buffer, based on the size of the
development, its location and/or the character of the surrounding
area.
|
Table 3 Minimum Size Requirements
| |
|---|---|
|
Plant Type
|
Minimum Size
|
|
Deciduous canopy tree
|
2.5 inch caliper
|
|
Deciduous ornamental tree
|
2.5 inch caliper
|
|
Evergreen tree
|
7 feet in height
|
|
Deciduous shrub
|
24 inches in height
|
|
Upright evergreen shrub
|
24 inches in height
|
|
Spreading evergreen shrub
|
24 inch spread
|
(i)
Landscaping shall be installed prior to issuance of a certificate
of occupancy, unless the owner demonstrates that unforeseen circumstances
beyond his/her control prevent the installation. In such case, the
Building Inspector may issue a conditional certificate of occupancy,
provided that a specific time limit, not to exceed 120 days is established
for completing the landscaping.
[2]
Editor's Note: Appendix A is on file in the Township
Offices.
(6)
The area of the perimeter buffer shall be included in the open space
calculations.
(7)
Required sidewalks abutting arterial streets may be counted as a
part of the perimeter buffer.
A.
Alleys. Alleys shall not be permitted in PRD sites.
B.
Street design shall be in accordance with Chapter 385, Subdivision and Land Development, of the Township Code.
C.
Visibility. At all proposed driveways and intersections, minimum
acceptable sight distance shall be provided for all permitted turning
movements.
D.
Emergency access. Suitable access for emergency vehicles shall be
provided within all neighborhood design development sites, including
adequate clear width and height and access to reach all principal
buildings.
E.
Townhouse units per residential building. No more than four dwelling
units shall be attached in a row and at least 50% of said units shall
have facades with varying setbacks.
A.
Ownership. Any of the following methods may be used, either individually
or together, to preserve, own, and maintain common open space, condominium,
homeowners' association, dedication in fee simple, dedication of easements,
transfer of fee simple title, and easements to a private conservation
organization. Such land shall not be eligible for transfer to another
party, except for transfer to another method of ownership permitted
under this section. The following specific requirements are associated
with each of the various methods:
(1)
Homeowners' association. The common open space may be held in common
ownership by a homeowners' association.
(2)
Fee simple dedication. The Township may, but shall not be required
to, accept any portion of the common open space; provided 1) such
land is accessible to the residents of the Township; 2) that there
is no cost of acquisition (other than the costs incidental to the
transfer of ownership, such as title insurance); and 3) Township agrees
to and has access to maintain such lands.
(3)
Transfer to a private conservation organization. With permission
of the Township, an owner may transfer either the fee simple title,
with appropriate deed restrictions running in favor of the Township,
or restrictive easement to a private nonprofit organization, among
whose purposes it is to conserve open space land and/or natural resources;
provided 1) the organization is acceptable to the Township and is
a bona fide conservation organization with perpetual existence; 2)
the conveyance contains appropriate provisions for proper reverter
or retransfer in event that the organization becomes unwilling or
unable to continue carrying out its functions; and 3) a maintenance
agreement acceptable to the Township is reached.
(4)
Dedication of easements. The Township may, but shall not be required
to, accept easements for public use of any portion or portions of
open space land, title to which is to remain in ownership by condominium
or homeowners' association; provided 1) such land is accessible to
the residents of the Township; 2) that there is no cost of acquisition
(other than any costs incidental to the transfer of ownership, such
as title insurance); and 3) a maintenance agreement acceptable to
the Township is reached.
(5)
Condominium. The common open space may be controlled through the
use of condominium agreements. Such agreements shall be in conformance
with the condominium laws of the Commonwealth of Pennsylvania.
B.
Specific requirements for homeowners' associations. If a homeowners'
association is formed it shall be governed according to the following
regulations:
(1)
The developer shall provide to the Township a description of the
organization, including its bylaws and documents governing open space
maintenance and use restrictions.
(2)
The organization shall be established by the developer and shall
be operating (with financial subsidization by the developer, if necessary)
before the sale of any lots within the development.
(3)
Membership in the organization is mandatory for all purchasers of
homes therein and their successors.
(4)
The organization shall be responsible for maintenance of and insurance
on common open space. The organization also shall be responsible for
real estate taxes on common open space.
(5)
The members of the organization shall share equitably the costs of
maintaining and developing common open space, in accordance with the
procedures established by them.
C.
Common open space maintenance requirements.
(1)
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 condition in accordance with the development
plan, the Township may serve written notice upon such organization
or upon the residents of the PRD setting forth the manner in which
the organization has failed to maintain the common open space in reasonable
condition. Said notice shall include a demand that such deficiencies
of maintenance be corrected within 30 days thereof and shall state
the date and place of a hearing thereon which shall be held within
14 days of the notice. At such hearing, the Township may modify the
terms of the original notice as to the deficiencies and may give an
extension of time within which they shall be corrected.
(2)
If the deficiencies set forth in the original notice or in the modifications
thereof shall not be corrected within said 30 days or any extension
thereof, the Township, in order to preserve the taxable values of
the properties within the PRD and to prevent the common open space
from becoming a public nuisance, may enter upon said common open space
and maintain the same for a period of one year. Said maintenance by
the Township shall not constitute a taking of said common open space
nor vest in the public any rights to use the same.
(3)
Before the expiration of said year, the Township shall, upon its
initiative or upon the request from the organization therefore responsible
for the maintenance of the common open space, call a public hearing
upon notice to such organization or to the residents of the PRD to
be held by the Board of Commissioners or its designated agency. At
which hearing such organization or the residents of the PRD shall
show cause why such maintenance by the Township shall not, at the
option of the Township, continue for a succeeding year. If the Township
or its designated agency shall determine that such organization is
not ready and able to maintain said common open space in a reasonable
condition, then the Township may, in its discretion, continue to maintain
said common open space during the next succeeding year and, subject
to a similar hearing and determination, in each year thereafter.
(4)
The decision of the Board of Commissioners or its designated agency
shall be subject to appeal to court in the same manner and within
the same time limitation as is provided for by zoning appeals by this
chapter.
(5)
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.
