Township of Nether Providence, PA Article XVII R-PRD Planned Residential Development District

[Added 7-10-1986 by Ord. No. 543]

§ 300-103 Short title.

This Article shall be known and may be cited as the "Nether Providence Township PRD Ordinance."

§ 300-104 Purposes.

The provisions of this Article are enacted for the following purposes:

A. To respond to increasing urbanization and the growing demands for housing of various types and designs.

B. 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.

C. To provide a procedure which can relate the type, design and layout of residential development to the particular site involved in a manner consistent with the preservation of property values within existing neighboring residential areas.

D. To encourage a more efficient use of land and of public services through private initiative.

E. To ensure that the increased flexibility of regulations over land development as authorized herein is carried out under such administrative standards and procedures as shall encourage the disposition of land development proposals without undue delay.

F. To encourage a pattern of development which preserves open spaces, trees and natural topography, prevents soil erosion and provides for parks, playgrounds and recreational areas.

G. To establish administrative standards to encourage such development and to assure that such development will in all respects further the purposes of this Article.

H. To establish development in the Township consistent with the Comprehensive Plan.

§ 300-105 Administration.

The administration of the procedures concerning the application for and approval of planned residential developments (PRDs) shall be vested solely in the Township Commissioners. However, all applications for PRDs shall be first referred to the Delaware County Planning Department, the Nether Providence Township Planning Commission and the Nether Providence Environmental Advisory Council for their review and comment as provided in the Nether Providence Subdivision Ordinance.[1]

[1] Editor's Note: See Ch. 289, Subdivision and Land Development.

§ 300-106 Conditions to qualify.

A. Any tract of land shall be in one ownership or be the subject of applications filed jointly by the owners of the entire land.

B. In order to qualify under this Article as a PRD, said development shall provide for a minimum of 20 contiguous acres of land. To achieve a sound relationship among components of the development, all land in the proposed development shall be in a single parcel or contiguous parcels and shall be reasonably compact. If any portion of such tract is divided by an existing street, railway right-of-way or other public way from the remainder of the tract, the density requirements of § 300-108 of this Article shall be applied to each of the segments of land so divided.

[Amended 10-12-1989 by Ord. No. 563]

C. The land being used to qualify under this Article shall be located in any area of the Township that is zoned R-1, R-2 or R-3 Residence District or shall be in a zoning district which permits residential uses in conjunction with any other type of uses in accordance with the provisions of the R-3 Residence District Zone.

[Amended 10-12-1989 by Ord. No. 563]

D. In order to qualify under this Article, the tract of land must be served by public water and public sanitary sewer systems.

§ 300-107 Permitted uses.

The permitted uses under this Article are:

A. Dwelling units as follows:

(1) Single-family detached dwellings.

(2) Single-family semidetached dwellings.

(3) Single-family attached dwellings which shall provide common areas between and around groups or clusters of houses subject to the provisions of an agreement providing for ownership and maintenance of said common areas as hereinafter provided.

(4) Accessory uses as permitted in R-1 residential areas of the Township.

B. Open space set aside under this Article may be used in whole or in part in any of the following ways, subject to approval by the Township Commissioners:

(1) Parks.

(2) Playfields.

(3) Playgrounds.

(4) Picnic areas with fireplaces, tables, etc.

(5) Golf course.

(6) Ice-skating rinks.

(7) Swimming pools.

(8) Tennis courts.

(9) Ponds and lakes.

(10) Woodlands.

(11) Hiking trails.

§ 300-108 Density.

[Amended 10-13-1994 by Ord. No. 588]

The following standards shall govern the density of dwelling units on the land within a PRD:

A. Subject to any applicable density limitations set forth herein, the maximum total number of dwelling units to be permitted in any PRD shall be determined by dividing the gross area of the subject property by the applicable minimum square footage requirement for lot area of the district or districts in which property lies; provided, however, that the maximum gross density shall not exceed 1.5 dwelling units per gross acre/area of the property. The gross area of the property shall contain no more than 20% floodplain and/or slopes over 25%, and to the extent that the property contains more than 20% floodplain and/or slopes over 25%, the excess above 20% floodplain and/or slopes over twenty-five percent (25%) may not be used in the area calculation for maximum density of use.

B. Open space area.

(1) At least 50% of the total tract under consideration shall be set aside and devoted to open space area. Said open space area shall be planned in accordance with the applicable provisions of this Article, subject to the approval of the Township Commissioners. In complying with the above fifty-percent open space area requirement, the area designated for open space may include all areas of the tract devoted to any of the purposes listed in § 300-107B herein, but the following areas shall be excluded:

(a) Street or road areas.

(b) Parking areas.

(c) The lot areas and required yards as specified for dwelling units in § 300-109 hereof [except § 300-109A(3)(g) and B hereof]. In the event that a lot area is not created for a dwelling unit, a minimum area of 6,500 square feet for each dwelling unit shall be excluded from the calculation of the required open space area.

(d) My floodplain area in excess of 25% of the required open space area.

(e) Any slope area in excess of 25% of such slope area over 25% grade.

(2) The plan for use of open space shall take into consideration the physical characteristics of the natural land, preservation of aesthetic beauty, necessity of recreational areas and facilities in the community, accessibility from the dwelling units in the tract and the effect on surrounding areas of the Township.

(3) All unimproved open space areas to be improved shall be improved prior to completion of the development of said tract or of the development of any stage of said tract if the tract is developed in stages. Proper financial security shall be deposited to insure the completion of said improvements. Said financial security shall be in compliance with the requirements of Section 509 of the Pennsylvania Municipalities Planning Code, as amended.[1]

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

C. In the case of a PRD proposed to be developed over a period of time and in stages, a variation in the density of a stage to be developed may be permitted by the Township Commissioners, subject to the condition that the density and uses as defined in this Article and as shown on the final plan which is approved by the Township Commissioners shall not be changed thereafter if the entire tract is not developed at one time and is developed in stages, unless approved by the Township Commissioners.

§ 300-109 Lot areas and design standards of dwelling units.

A. Within the overall use and density requirements as set forth in § 300-108 hereof, flexibility in the arrangement of housing units on individual lots and clusters of single-family detached dwellings, semidetached dwellings and attached dwellings arranged as townhouses shall be permitted, subject to the following guidelines and the approval of the Township Commissioners:

(1) Single-family detached dwellings:

(a) Lot area: not less than 10,000 square feet.

(b) Lot width: not less than 80 feet at the building line and 50 feet at the street line.

(c) Building area: not more than 20% of lot area.

(d) Front yard on abutting street: not less than 40 feet in depth.

(e) Side yards: one on each side of each dwelling, together having an aggregate minimum width of 25 feet, but neither being less than 10 feet in width.

(f) Rear yard: not less than 30 feet in depth.

(2) Single-family semidetached dwellings:

(a) Lot area: not less than 8,000 square feet.

(b) Lot width: not less than 50 feet at the building line and the street line.

(c) Building area: not more than 30% of the lot area.

(d) Front yard on abutting street: not less than 30 feet.

(e) Side yards: at least one for each dwelling not less than 15 feet in width.

(f) Rear yard: not less than 30 feet in depth.

(3) Single-family attached dwellings.

(a) Lot area: not less than the perimeter wails of the dwelling unit and garage, if any.

(b) Roads. No dwelling unit shall be located within 30 feet of an interior road right-of-way of the PRD; however, a garage or carport may be located within said 30 feet.

(c) Floor area: not less than 1,200 square feet of habitable floor area.

(d) Height of buildings: not more than 40 feet from ground slab.

(e) Number of dwellings: not more than six townhouses in each group or cluster of single-family attached dwellings.

(f) There shall not be permitted in any PRD an average of more than 2 1/2 bedrooms for all dwelling units therein.

(g) There shall be an average of at least two but no more than 2 1/2 parking spaces for each of the dwelling units in a PRD. At least 25% of the dwelling units shall have a garage for at least one passenger car.

(h) All dwelling units shall be located where they can be used without danger to health or peril from fire, flood or other hazard. No dwelling unit shall be located within a Floodplain Conservation District as defined in the applicable Nether Providence ordinances.[1]

[1] Editor's Note: See Ch. 269, Flood Damage Prevention.

(4) In the event that a lot area is not created for a dwelling unit or building, the following regulations shall apply:

[Added 10-13-1994 by Ord. No. 588]

(a) No building shall be within 25 feet of any other building.

(b) No building shall be located within 15 feet of any street cartway.

B. There shall be a buffer area between any dwelling or other structure and the boundary line of such a PRD or the right-of-way line of any abutting roadway, which buffer area shall be comprised of visual screening to any abutting property and open space, as defined herein, of such a nature that no building or structure is within 40 feet of any such line. Any such buffer area shall contain plantings and/or screening pursuant to a landscaping plan and shall be in addition to the yard area of any building abutting any boundary or right-of-way.

[Amended 10-13-1994 by Ord. No. 588]

C. The roads, streets and provisions for pedestrian circulation within a PRD shall conform to all requirements of the Nether Providence Township Code, Chapter 289, Subdivision and Land Development, applicable to the size, location, design and construction specifications of Township roads, sidewalks and streets. The Township shall not be obligated to accept the dedication of streets and/or roads within a PRD but shall have the option of doing so.

[Amended 10-13-1994 by Ord. No. 588]

D. Flexibility of development to complement the existing neighboring properties and Township as a whole is a prime objective of this Article. The combination of uniqueness and beauty of design and architecture in a PRD is encouraged.

E. Innovation in design and use of materials, diversity or types of dwelling units by elevations, setbacks, numbers of units in groups and otherwise and harmony of architectural design and materials shall be encouraged.

F. Service facilities shall be adequate and unobtrusive. Facilities for refuse storage and collection shall be such as to minimize noise and visual impact. Utility lines shall be underground. Roads, walkways and parks shall be adequately lighted. Utility easements shall be placed where they will least detract from the quality of the development.

G. Provisions for visual and acoustical privacy shall be encouraged. Appropriate screening by fences, walls, trees and shrubs shall be preserved or placed on the perimeter and within the development to preserve the privacy of the residents and to minimize any adverse effect on adjacent properties.

§ 300-110 Open space.

A. Open space shall be emphasized. Natural features such as wooded areas, meadows, streams, ponds, rocky outcroppage and large trees shall be preserved. Accumulation of open space in large contiguous areas, accessibility of open space to dwelling units and centralized location of recreational areas shall be encouraged.

B. Areas set aside for open space under this Article shall be consistent with the Comprehensive Plan of the Township for future land use. Any such area shall not contain any structure other than one related to a recreational use as provided by § 300-107B within the PRD. Common open space shall be set aside for the use and benefit of the residents of the PRD.

C. The deed or deeds to any land set aside as open space must contain a restriction, in a form acceptable to the Township Commissioners, to be duly recorded in the Office for Recording of Deeds in and for Delaware County, eliminating the possibility of subdivision of said open space in the future. All persons or corporations with an interest in said tract must agree in writing to said restriction, including all mortgages.

D. The developer of a PRD shall make adequate provision for the ownership and continuing maintenance of open space and improvements thereon by the establishment of a homeowners' organization which is approved by the Township Commissioners. Such homeowners' organization shall not be dissolved nor shall it dispose of any or all of the open space in any manner whatsoever, except to a separate organization of homeowners conceived and established to own and maintain said open space. Nothing contained herein, however, shall preclude all or part of the open space from being dedicated to the public by the acceptance of a deed of dedication by the Township Commissioners, at their sole discretion.

E. The developer of a PRD shall submit full details concerning the proposed homeowners' organization, its powers, rights, duties, responsibilities, etc., in regard to the ownership and maintenance of the common open space, which shall be subject to approval by the Township Commissioners. No final plan shall be approved by the Township Commissioners without such prior approval.

F. Maintenance.

[Added 10-13-1994 by Ord. No. 588]

(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 planned residential development 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 planned residential development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and 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 municipality, in order to preserve the taxable values of the properties within the planned residential development 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 of the organization theretofore responsible for the maintenance of the common open space call a public hearing upon notice to such organization, or to the residents of the planned residential development, to be held by the Township Commissioners, at which hearing such organization or the residents of the planned residential development 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 Commissioners shall determine that such organization is ready and able to maintain said common open space in reasonable condition, the Township shall cease to maintain said common open space at the end of said year. If the Township Commissioners shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, 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 Township Commissioners shall be subject to appeal to court in the same manner, and within the same time limitation, as is provided for zoning appeals by the Code of the Township of Nether Providence.

(5) The cost of such maintenance by the Township shall be assessed ratably against the properties within the planned residential development 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 notice of lien in the office of the prothonotary of Delaware County, upon the properties affected by the lien within the planned residential development.

§ 300-111 Sketch plan.

A. A sketch plan of a PRD may be submitted by the developer as a basis for informal discussion with the Township Commissioners and the Township Planning Commission.

B. Data furnished at this stage shall be prepared in accordance with the requirements for a sketch plan as set forth in the Nether Providence Township Subdivision Ordinance[1] and regulations thereunder and shall be consistent with the requirements contained in this Article.

[1] Editor's Note: See Ch. 289, Subdivision and Land Development.

§ 300-112 Tentative plan.

[Amended 10-13-1994 by Ord. No. 588]

A. A tentative plan requesting tentative approval of a PRD by the Township Commissioners shall be filed and signed by the owner or owners of all of the land contained in the tract. Said application shall be filed with the Township Manager at the Township Building, 214 Sykes Lane, Wallingford, Pennsylvania 19086.

B. The tentative plan requesting tentative approval of a PRD shall be prepared in accordance with the requirements for a preliminary plan as set forth in the Nether Providence Township Subdivision Ordinance[1] and the regulations thereunder and shall be consistent with the requirements contained in this Article. The tentative plan shall include a sketch plan of a subdivision of the tract conforming to the particular zoning districts in which the tract being considered is located as set forth in § 300-108A so that a determination of the allowable density of the PRD can be made.

[1] Editor's Note: See Ch. 289, Subdivision and Land Development.

C. The application for tentative approval of a PRD shall include a written statement by the landowner or owners setting forth the reasons why, in his or their opinion, a PRD would be in the public interest and would be consistent with the Comprehensive Plan of Nether Providence Township.

D. Following the review of any tentative or final plans required for a development under the provisions of this PRD Article and prior to the issuance of a building permit, the applicant shall reimburse the Township for all costs incurred by the Township in the engineering and planning review of such plans.

E. In addition to the above, the tentative plan shall be accompanied by the following:

(1) The location, size and topography of the site and the nature of the landowner's interest in the land proposed to be developed.

(2) The density of land use to be allocated to parts of the site to be developed.

(3) The location and size of the common open space and the form of organization proposed to own and maintain the common open space.

(4) The use and the approximate height, bulk and location of buildings and other structures.

(5) The feasibility of proposals for water supply and the disposition of sanitary waste and stormwater.

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

(7) The provisions for parking of vehicles and the location and width of proposed streets and public ways.

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

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

(10) 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.

(11) An environmental impact assessment in accordance with Chapter 265, Environmental Quality Review, of the Code of the Township of Nether Providence.

(12) A draft of the proposed declaration of covenants, easements and restrictions.

(13) A landscaping plan, showing plantings (including fencing or other screening) to be retained, transplanted and planted, including a planting schedule which lists the quantity, type, size and location of all plantings, and plans for permanent maintenance thereof. Such landscaping plan shall be prepared by a licensed landscape architect registered in the commonwealth and shall describe buffer area plantings, trees along new streets and/or shared driveways and on all lots and shall be approved by the Township. In such approval the Township shall have the right to rely upon and follow the advice of any landscape architect or land planning consultant retained by it.

§ 300-113 Final plan.

A. A final plan requesting final approval shall be for all the land included in a development plan. Said application shall be filed with the Township Manager within the time or times specified by the official written communication granting tentative approval. The final plan shall include any drawings, specifications, covenants, easements, performance bonds and such other requirements as may be specified by this Article, as well as any conditions set forth in the official written communication from the Township Commissioners at the time of tentative approval.

[Amended 10-13-1994 by Ord. No. 588]

B. The final plan requesting final approval of a PRD shall be prepared in accordance with the requirements for a final subdivision plan as set forth in the Nether Providence Subdivision Ordinance[1] and the regulations thereunder and shall be consistent with the requirements contained in this Article.

[1] Editor's Note: See Ch. 289, Subdivision and Land Development.

C. The Nether Providence Township Code, as amended, shall govern the construction and acceptance of all public improvements, including the provisions for requirements of performance and maintenance bonds.

§ 300-114 Public hearings.

[Amended 10-13-1994 by Ord. No. 588]

The Township Commissioners shall hold a public hearing on the application for tentative approval of a PRD within such time and pursuant to such notice as is required by Section 708 of Article VII of the Pennsylvania Municipalities Planning Code, as amended,[1] and shall hold a public hearing on the application for final approval of a PRD when requested or required to do so pursuant to Section 711 of Article VII of the Pennsylvania Municipalities Planning Code,[2] and such hearing shall be conducted in such manner and upon such public notice as is required by Section 711(c)(2) of Article VII of the Pennsylvania Municipalities Planning Code, as amended.[3]

[1] Editor's Note: See 53 P.S. 10708.

[2] Editor's Note: See 53 P.S. 10711.

[3] Editor's Note: See 53 P.S. 10711(c)(2).

§ 300-115 District designation.

After final approval of a PRD, the area of such development shall be included on the Nether Providence Township Zoning Map as a PRD (Planned Residential Development) District.