[Added 11-13-2003 by Ord. No. 2003-5]
[Amended 1-30-2012 by Ord. No. 2012-01; 12-12-2017 by Ord. No. 2017-4]
A.
The provisions of this chapter shall apply only to the areas of the
Township that have been granted valid tentative planned residential
development (PRD) plan approval and final PRD plan approval as depicted
on the Township's Zoning Map.
B.
All areas previously granted tentative PRD plan approval that failed
to file applications for final PRD plan approval and failed to obtain
final PRD plan approval within the period of time required by the
Pennsylvania Municipal Planning Code (MPC)[1] and/or the official written communication from the Township
granting tentative PRD plan approval are deemed revoked.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
Structures may be erected, altered or used and
a lot or premises may be used for the following purposes:
A.
Residential uses by right.
(1)
The following residential uses, either age-restricted
or non-age-restricted, shall be permitted by right in a PRD:
B.
Nonresidential uses by right:
(1)
The following nonresidential uses shall be permitted
by right in a PRD:
(a)
Retail uses, professional offices and personal
or professional services.
(b)
Bed-and-breakfast establishments.
(c)
Second-story residential uses; shared parking
arrangements shall be permitted.
(d)
Indoor amusement businesses.
(e)
Convenience stores with or without the sale
of gasoline and no automobile repairs.
(2)
The following nonresidential uses are specifically
excluded in a PRD:
C.
Other uses by right.
(1)
The following other uses shall be permitted
by right in a PRD:
(a)
Public or private school, excluding facilities
for juvenile delinquents.
(b)
Public utilities whether or not owned and/or operated by the Township and/or a duly created municipal authority of the Township, the county, state or federal government; excluding communications antennas, equipment, buildings or towers as controlled by Article XXI of this chapter.
(c)
Public or private outdoor and/or indoor recreational
areas and facilities, such as parks, playgrounds, picnic grounds,
swimming clubs, golf courses, country clubs, or other similar recreational
uses.
(d)
Cultural and entertainment establishments such
as libraries, museums and opera houses.
(e)
Child day-care centers.
(f)
Houses of worship, including residential accessories
thereto, such as parish house, convent or other dwelling(s) for personnel
associated with said houses of worship.
(g)
Cemetery.
D.
Accessory uses allowed in PRD. Uses customarily accessory to the above uses, including but not necessarily limited to private garages, parking areas, signs in conformance with § 131-78 of this chapter, no-impact home-based business in conformance with § 131-70 of this chapter, and other accessory uses as may be further regulated by this chapter or other regulations of the Township.
A.
Summary of PRD procedure. The application procedure,
as detailed below, is summarized as follows:
(1)
Step 1. Tentative review including a public
hearing (60 days).
(2)
Step 2. Issuance of official written communication
(60 days after public hearing or 180 days after tentative application
filed, whichever is first).
(3)
Step 3. Final review (time limit set by the
governing body).
(4)
Step 4. Final decision in part or whole (45
days after meeting of the Planning Commission or Supervisors, whichever
first reviews final plan).
B.
Application for tentative approval. An application
for tentative approval shall include the following:
(1)
The landowner shall submit with the application
for tentative approval 10 copies of the plan to scale on twenty-four-inch
by thirty-six-inch paper and 10 copies of the plan reduced to eleven-inch
by seventeen-inch paper.
(2)
A fee shall be required at the time of submission
in accordance with that which may be set from time to time by resolution
of the Board of Supervisors.
(3)
A plan indicating the location, size, topography,
and vegetative cover of the site and the nature of the landowner's
interest in the land proposed for development.
(4)
A site plan and other drawings showing the overall
density, impervious surface ratio, and open space ratio, and the density
of the land use to be allocated to various portions of the site to
be developed, the location and size of the common open space, the
use, approximate height, bulk, and location of buildings, planting
plan, provisions for parking of vehicles, and location and width of
streets and public ways.
(5)
Such drawings and documents as are required
to establish the feasibility of proposals for water supply and the
disposal of sanitary wastes and stormwater, the substance of covenants,
grants, easements or other restrictions proposed to be imposed upon
the use of the land, buildings and structures including easements
or grants for public utilities.
(6)
The required modifications in the municipal
land use regulations otherwise applicable to the subject property.
(7)
In the case of development plans calling for
development over a period of years, a schedule of proposed time within
which applications for final approval of the various sections of the
proposed planned residential development are intended. This schedule
must be updated annually on the anniversary of the grant of tentative
approval.
(8)
A written statement by the landowner or developer
setting forth the reasons why, in his opinion, a PRD would be in the
public interest and would be consistent with the Comprehensive Plan
for the Township.
C.
Immediately upon receipt, the plans shall be referred
to the Township Planning Commission, the Berks County Planning Commission,
and the Township Engineer for review.
D.
Public hearing.
(1)
Within 60 days after the filing of an application
for tentative approval of a planned residential development pursuant
to this article, a public hearing pursuant to public notice on said
application shall be held by the Board of Supervisors. The Chairman,
or in his absence, the acting chairman, of the Board of Supervisors
may administer oaths and compel the attendance of witnesses. All testimony
by witnesses at any hearing shall be given under oath, and every party
of record at the hearing shall have the right to cross-examine adverse
witnesses. The hearing shall be conducted in the manner set forth
in Section 908 of the MPC (53 P.S. § 10908).
(2)
A stenographic record of the hearing shall be
kept by the governing body whenever such records are requested by
any party to the proceedings, but the cost of making and transcribing
such a record shall be borne by the party requesting the proceedings,
and the expense of copies of such record shall be borne by those who
wish to obtain such copies. All exhibits accepted in evidence shall
be identified and duly preserved, or, if not accepted in evidence,
shall be properly identified and the reason for the exclusion noted
clearly in the record.
(3)
The governing body may continue the hearing
from time to time and may refer the matter back to the Planning Commission
for a report; provided, however, that in any event, the public hearing
or hearings shall be concluded within 60 days after the date of the
first public hearing.
E.
Findings.
(1)
The governing body, within 60 days following
the conclusion of the public hearing provided for in this article,
or within 180 days after the application for tentative approval was
filed, whichever is first, shall, by official written communication
to the landowner, either:
(2)
Failure to so act within said period shall be
deemed to be a grant of tentative approval of the tentative plan as
submitted. In the event that tentative approval is granted subject
to conditions, the landowner may, within 30 days after receiving a
copy of the official written communication of the governing body,
notify the Board of his refusal to accept all said conditions, in
which case the governing body shall be deemed to have denied tentative
approval of the plan. In the event the landowner does not, within
said period, notify the governing body of his refusal to accept all
said conditions, tentative approval of the development plan, with
all said conditions; shall stand as granted.
(3)
The grant or denial of tentative approval by
official written communication shall include not only conclusions
but also findings of fact related to the specific proposal and shall
set forth the reasons for the grant, with or without conditions, or
for the denial, and said communication shall set forth particularly
in what respects the development plan would or would not be in the
public interest, including but not limited to the findings of fact
and conclusions on the following:
(a)
Those respects in which the development plan
is or is not consistent with the Municipal Comprehensive Plan.
(b)
The extent to which the development plan departs
from zoning and subdivision regulations[1] otherwise applicable to the subject property, including
but not limited to density, bulk and use, and the reasons why such
departures are or are not deemed to be in the public interest.
(c)
The purpose, location and amount of the common
open space in the planned residential development, the reliability
of the proposals for maintenance and conservation of the common open
space, and the adequacy or inadequacy of the amount and purpose of
the common open space as related to the proposed density and type
of residential development.
(d)
The physical design of the development plan
and the manner in which said design does or does not make adequate
provision for public services, provided adequate control over vehicular
traffic, and further amenities of light and air, recreation and visual
enjoyment.
(e)
The relationship, beneficial or adverse, of
the proposed planned residential development to the neighborhood in
which it is proposed to be established.
(f)
In the case of a development plan which proposes
development over a period of years, the sufficiency of the terms and
conditions intended to protect the interests of the public and residents
of the planned residential development in the integrity of the development
plan.
(4)
In the event that a development plan is granted
tentative approval, with or without conditions, the governing body
may set forth in the official written communication the time within
which an application for final approval of the development over a
period of years, the periods of time within which applications for
final approval of each part thereof shall be filed. Except upon the
consent of the landowner, the time so established between grant of
tentative approval and an application for final approval shall not
be less than three months, and in the case of developments over a
period of years, the time between applications for final approval
of each part of a plan be not less than 12 months.
F.
Status of plan after tentative approval.
(1)
The official written communication provided
for in this article shall be certified by the Township Manager and
shall be filed in the municipal office, and a certified copy shall
be mailed to the landowner. Where tentative approval has been granted,
the same shall be deemed to be an amendment of the Zoning Map,[2] and the property shall be classed as a PRD district. The
date of tentative approval should be noted next to the PRD designation.
[2]
Editor's Note: The Zoning Map is included
in a pocket at the end of this volume.
(2)
Tentative approval of a development plan shall
not qualify a plat of the planned residential development for recording
nor authorize development or the issuance of any building permits.
A development plan which has been tentatively approved with conditions
accepted by the landowner (and provided that the landowner has not
defaulted nor violated any of the conditions of the tentative approval),
shall not be modified or revoked nor otherwise impaired by action
of the municipality pending an application or applications for final
approval, without the consent of the landowner; provided an application
for final approval is filed or, in the case of development over a
period of years, provided applications are filed, within the periods
of time specified in the official written communication granting tentative
approval.
(3)
In the event that a development plan is given
tentative approval and thereafter, but prior to final approval, the
landowner shall elect to abandon said development plan and shall so
notify the governing body in writing, or in the event the landowner
shall fail to file application or applications for final approval
within the required period of time or times, as the case may be, the
tentative approval shall be deemed to be revoked and all that portion
of the area included in the development plan for which final approval
has not been given shall be subject to those local ordinances otherwise
applicable thereto as they may be amended from time to time, and the
same shall be noted on the Zoning Map[3] and in the records of the Township Manager.
[3]
Editor's Note: The Zoning Map is included
in a pocket at the end of this volume.
G.
Application for final approval.
(1)
The landowner shall submit with the application
for final approval 10 copies of the plan to scale on twenty-four-inch
by thirty-six-inch paper and 10 copies of the plan reduced to eleven-inch
by seventeen-inch paper, plus two twenty-four-inch by thirty-six-inch
Mylar copies to scale. A fee shall be required at the time of submission.
(2)
An application for final approval may be for
all the land included in a development plan or, to the extent set
forth in the tentative approval, for a section thereof. Said application
shall be made to the Township Manager of the municipality within the
time or times specified by the official written communications granting
tentative approval. The application shall include any drawings, specifications,
covenants, easements, and the procedure to be used by the landowner
to provide security in sufficient amounts to insure completion of
all public improvements shown on the plan, and such other requirements
as may be specified by ordinances, as well as any conditions set forth
in the official written communications at the time of tentative approval.
A public hearing on an application for final approval of the development
plan, or a part thereof, shall not be required, provided the development
plan, or part thereof, submitted for final approval is in compliance
with the development plan theretofore given tentative approval and
with any specified conditions attached thereto.
(3)
In the event the application for final approval
has been filed, together with all drawings, specifications and other
documents in support thereof, and as required by the chapter and the
official written communications of tentative approval, the governing
body shall, within 45 days after the next regular meeting of the Supervisors
or Planning Commission, whichever first reviews the plan, grant such
development plan final approval. Provided, however, that should the
next regular meeting occur more than 30 days following the filing
of the application, the forty-five-day period shall be measured from
the 30th day following the day the application has been filed.
(4)
In the event the development plan as submitted
contains substantial variations from the development plan given tentative
approval, the governing body may refuse to grant final approval and
shall, 45 days after the next regular meeting of the Supervisors or
Planning Commission, whichever first reviews the plan, so advise the
landowner in writing of said refusal, setting forth in said notice
the reasons why one or more of said variations are not in the public
interest. Provided, however, that should the next regular meeting
occur more than 30 days following the filing of the application, the
forty-five-day period shall be measured from the 30th day following
the day the application has been filed. In the event of such refusal,
the landowner may either refile application for final approval without
the variations objected to or file a written request with the governing
body that it hold a public hearing on his application for final approval.
If the landowner wishes to take either such alternate action he may
do so at any time within which he shall be entitled to apply for final
approval, or within 30 additional days if the time for applying for
final approval shall have already passed at the time when the landowner
was advised that the development plan was not in substantial compliance.
In the event the landowner shall fail to take either of these alternate
actions within said time, he shall be deemed to have abandoned the
development plan. At such public hearing, the governing body shall,
by official written communications, either grant final approval to
the development plan or deny final approval. The grant or denial of
final approval of the development plan shall, in cases arising under
this section, be in the form and contain the findings required for
application for tentative approval set forth in this article.
(5)
A development plan, or any part thereof which
has been given final approval, shall be so certified without delay
by the governing body and shall be filed and recorded forthwith in
the office of the Recorder of Deeds before any development plan. The
zoning and subdivision[4] regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion of said planned residential development within the time set forth in § 131-120I below, no modification of the provisions of said planned residential development shall be made, except with the consent of the landowner, nor shall the subsequent amendment or change to the zoning affect adversely the right of the landowner to commence or complete any aspect of the approved PRD in accordance with the terms of such approval, subject only to the time limitations set forth in § 131-120I below.
H.
Abandonment development plan. When final approval has been granted and the developer fails to start work within one year, for a plan without phases, or within the time specified in the phasing schedule specified by the landowner pursuant to § 131-121B(2), the development plan may be considered to be abandoned, in which case the Township may, at its option, notify the landowner that development must commence (or resume) within six months, or the final plan approval may be rescinded, after hearing before the Board of Supervisors.
I.
Status of plan after final approval.
(1)
Final approval of a PRD plan shall include approval
of all phases of the development.
(2)
Approval and recording of a final plan shall not authorize the issuance of building permits for any phase of the plan, including a plan which contemplates only one phase of development, until such time as the landowner has posted the security for completion of public improvements in the phase(s) in which development is proposed, in accordance with this § 131-120I.
(3)
Upon the posting of security for a phase(s) and the issuance of permits, the landowner may proceed with the development in stages or phases as specified by the landowner pursuant to § 131-121B(2). If, after commencement of the development, the landowner is required to modify the order in which phases will be commenced and completed, by market conditions or other just cause, the landowner may modify the order in which phases were initially specified to be commenced and completed.
(4)
Once the landowner posts security, obtains permits,
and commences construction of a particular phase, that phase shall
be completed within five years unless the landowner and Township agree
to an extension of time.
(5)
To the extent that landscaping, vegetative buffers,
and/or screen planting is required as part of the approved PRD plan,
at the landowner's option, an agreement between the landowner and
the Township may be entered into in writing in lieu of the posting
of financial security to guarantee the installation of such items.
The agreement in lieu of financial security shall bind the landowner
to provide all such items prior to the Engineer's final acceptance
of the public improvements.
A.
The tentative PRD plan shall encompass the entire
tract.
B.
Phasing.
(1)
The PRD may be constructed in phases.
(2)
The tentative plan shall show the landowner's
best estimate as to how phases of development will be configured,
including an indication of the public improvements to be constructed
as part of each phase of development.
(3)
Because of the number of different residential and nonresidential uses permitted in different combinations in a PRD, it is not possible to limit such development to four phases, as set forth in Article V of the MPC.[1] Therefore, the landowner's suggested configuration of
the phases of development, including public improvements, shall not
be required to include any minimum number (or percentage) of each
dwelling type, nonresidential use, or public improvements in each
phase, and the landowner shall not be limited to any specific number
of phases.
[1]
Editor's Note: See 53 P.S. § 10501
et seq.
C.
The minimum tract size shall be 100 gross acres.
D.
The cartway width for new local streets within a PRD
shall be a minimum of 28 feet, with no on-street parking, 32 feet
with designated on-street parking on one side and 38 feet with designated
on-street parking on both sides. The cartway width for new collector
streets within a PRD shall be a minimum for 38 feet. On-street parking
will not be permitted on collector streets. If such streets are not
to be dedicated to Washington Township, there is no requirement for
a right-of-way beyond the cartway width. In the event that a particular
street is to be dedicated to Washington Township, the legal right-of-way
width shall be 50 feet for local streets and 60 feet for collector
streets.
E.
All PRDs must be supplied with an adequate and approved
central water system. The applicant shall present evidence to the
Board of Supervisors that the PRD is to be supplied with water by
a certificated 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
areas in question, whichever is appropriate, shall be acceptable evidence.
Fire hydrants shall be provided.
F.
All PRDs must be served by a publicly owned sanitary
sewer system. A community sanitary sewer system may be utilized upon
the approval of the Board of Supervisors.
G.
All PRDs must have frontage onto an arterial street
as defined in the Washington Township Comprehensive Plan.
H.
All PRDs must provide for a variety of residential
uses. No one type of use may constitute more that 60% of all residential
uses, unless otherwise approved by the Board of Supervisors. The area
dedicated to nonresidential uses as defined above shall not exceed
30% of the gross area.
A.
The intensity of land use, expressed as a maximum permitted percentage of impervious cover, shall be as follows: The overall average percentage of impervious cover shall not exceed 50%. The percent impervious surface shall be based upon the total area of impervious surface divided by the gross lot area as defined by this chapter. (Note: “impervious surface” shall be defined as that area covered by an impervious material, including streets, driveways, sidewalks, and buildings.) In no event shall the allowable average residential density for those uses permitted by § 131-119A(1)(a) through (e) above exceed 6.50 dwelling units per gross acre.
B.
Within a PRD, no minimum lot size is prescribed, rather,
the following area and bulk regulations shall apply to any principal
structure or any other building. At the time of application, applicant
shall demonstrate to the Township that each lot created under this
development option contains sufficient area for a feasible building
envelope which complies with these area and bulk requirements:
(1)
Minimum separation between buildings, except accessory buildings, at any point shall not be less than 20 feet, except that minimum separation shall not be less than 50 feet measured perpendicularly from the rear wall of any residential structure to any point on any other principal building not accessory to such residential structure, except as permitted in Subsection B(10) below.
(2)
Minimum separation between accessory buildings
and any principal structures to which they are not accessory (i.e.,
any principal structure on any other lot) at any point shall be 30
feet.
(3)
No exterior windows, doors, or other openings
shall be permitted in any portion of any principal or accessory structure
located less than five feet from any lot line (as in a zero-lot-line
design scenario).
(4)
Where any portion of any principal or accessory
structure is located less than five feet from any lot line, a perpetual
easement providing for maintenance of such structure, and measuring
no less than five feet in width from the affected walls, shall be
provided on the adjacent lot(s). This provision shall not apply to
lot line(s) where separating two-family or multifamily dwelling units
on the interior of the same principal structure.
(5)
Minimum setback from the edge of cartway (or outside edge of curb, if applicable) of any street shall be not less than 25 feet, except as provided under Subsection B(6) below.
(6)
All proposed dwelling units in a PRD shall be
situated so that they are set back a minimum of 50 feet from the predevelopment
perimeter boundary of the tract. Existing dwellings and dwellings
resulting from the conversion of existing structures shall be exempt
from this requirement, except that additions to such existing structures
shall not further reduce any setback less than 50 feet.
(7)
Maximum length of any residential building,
including rows of attached townhouses or other multifamily buildings,
shall not exceed 160 feet.
(8)
Maximum depth of any section of any residential
building shall not exceed 75 feet.
(9)
Maximum number of townhouses permitted in one
continuous grouping shall be seven. The minimum number of townhouses
permitted in one continuous grouping shall be three. The minimum width
of a townhouse unit shall be 20 feet.
(10)
Minimum distance between rows of townhouses
shall be 25 feet. Minimum distance between apartment buildings shall
be 25 feet. No apartment shall be located closer than 50 feet from
a townhouse. No apartment or townhouse shall be located less than
five feet from any parking area or driveway to a common parking area.
(11)
Maximum building height: 45 feet measured from
the first floor elevation (but 75 feet for church steeples).
(12)
Maximum building coverage: 65% of permitted
maximum impervious coverage, as set forth above.
(13)
While conformance to these area and bulk regulations
is not dependent upon any specific minimum lot size or dimensions,
development in accordance with this article shall only be granted
where applicant has demonstrated that the design of lots, residential
sites, nonresidential sites and open spaces conform to the purposes
of this article and are of appropriate size, shape, and layout relative
to the following:
(14)
Minimum distance between a residential use and
a nonresidential use shall be 50 feet as measured perpendicularly
from any wall of any residential structure to any point on any nonresidential
structure.
A.
Parking for residential uses shall be provided at
the following rates:
(1)
Single-family detached dwellings: 2.00 spaces/unit.
(2)
Two-family semidetached: 2.00 spaces/unit.
(3)
Townhouses: 2.00 spaces/unit.
(4)
Apartments: 1.50 spaces/unit.
(5)
Multifamily: 1.50 spaces/unit.
(8)
Age-restricted housing: 1.50 spaces/unit.
(9)
Agriculture: 2.00 space/unit.
|
*Largest shift
|
B.
Parking facilities shall comply with the following
standards.
(1)
Off-street handicapped parking:
(a)
Within off-street parking areas, parking spaces
to accommodate handicapped drivers shall be provided according to
the total size of the parking area as specified below:
|
Total Number
of Parking Spaces
|
Minimum Number of Spaces
for Handicapped Drivers
| |
|---|---|---|
|
Fewer than 25
|
1
| |
|
25 to 75
|
2
| |
|
Over 75
|
2% of all spaces
|
(b)
Parking stalls for use by handicapped drivers
shall be clearly marked and shall be located to minimize the distance
between the vehicles and a wheelchair-accessible entrance to the facility
served.
(2)
Design requirements. Parking lots serving nonresidential
uses and apartments shall be designed and maintained in conformance
with the following regulations.
(a)
Parking lots shall not be used for the sale,
repair or dismantling of any vehicles, equipment, materials or supplies.
(b)
Provisions shall be made for safe and efficient
ingress and egress to and from public streets without. All points
of ingress and egress along a public street shall be located at least
200 feet from the nearest intersection of any public street, with
the exception of points of ingress and egress which are designated
as “right turn only,” in which case a minimum of 100 feet
shall be provided.
(c)
Parking spaces shall be provided with wheel
or bumper guards so located and arranged so that no part of any parked
vehicle shall extend beyond the limits of the parking area.
(d)
Lighting shall be provided and so designed such
that adjacent residential properties and public streets shall not
be directly illuminated.
(e)
Parking lot dimensions shall not be less than
those listed in the following table:
|
Parking Stall
|
Aisle Width
| ||||
|---|---|---|---|---|---|
|
Angle of
Parking
(degree)
|
Depth
(feet)
|
Width
(feet)
|
One-Way
(feet)
|
Two-Way
(feet)
| |
|
90
|
18
|
9
|
22
|
22
| |
|
60
|
21
|
10
|
18
|
20
| |
|
45
|
19
|
10
|
15
|
18
| |
(3)
Loading areas for nonresidential uses.
(a)
Loading areas shall be completely contained
upon the site of the building served and shall neither occupy nor
infringe upon any parking spaces, traffic lanes within a parking area,
driveways or public street rights-of-way.
(b)
Loading areas shall not be located in the front
of the building, but shall be restricted to the rear and, if necessary,
the side of the building.
(c)
All loading areas shall have a dust-free surface
over the entire area customarily used by delivery vehicles for parking
and maneuvering. The surface may be asphalt, bituminous concrete,
concrete or any other dust-free surfacing material which may be approved
by the Board of Supervisors.
(d)
The number of loading spaces shall be as determined
by the developer of the property, but the Township may require evidence
supporting the assertion that the number of loading spaces to be provided
is adequate for the proposed use.
(e)
Loading areas shall be a minimum of 12 feet
wide and 40 feet long.
(4)
Driveways. Driveways serving nonresidential
uses and apartments shall be designed and maintained in conformance
with the following regulations. Pavement widths and grades:
(5)
Miscellaneous.
(a)
Calculations to determine the required number
of parking spaces which result in a fractional figure shall be rounded
up to the nearest whole number.
(b)
Garages and driveways may be used in the calculations
for off-street parking spaces when utilized in conjunction with single-family
detached dwellings, two-family semidetached dwellings and townhouses.
C.
When submitting the final PRD plan for approval, the
applicant shall provide for the maximum parking that may be expected
for the various uses anticipated. This shall include the sum of applicable
parking requirements outlined in this section.
D.
No parking shall be permitted closer than 30 feet
from the outside tract boundary line for any PRD and five feet from
the proposed required right-of-way line of an existing street or proposed
street.
A.
Arrangement. The common open space may be designed
as one or more contiguous areas. Open space areas shall generally
consist of one or more contiguous acres. Open space areas which include
a walking trail(s) or a trail link(s) may be less than one acre in
size. Recreation and open space areas and facilities shall be located
in close proximity to all resident uses within the PRD.
B.
Recreation. Ten percent of the required open space
shall be suitable for active recreational uses.
C.
Open space. Open space shall be a minimum of 30% of
the gross lot area as defined by this chapter. Where feasible or desirable,
the open space shall be offered for dedication to the Township. No
more than 40% of the area of a stormwater management basin, as measured
at the emergency spillway elevation on the inside of the basin, shall
be included as open space. All open space shall be designated as such
on the plans.
A.
Parking areas. Within apartment or nonresidential
common parking areas, the follow shall apply:
(1)
No one area for off-street parking of motor
vehicles in residential areas shall exceed 60 cars in capacity. Separate
parking areas on a parcel shall be physically separated from one another
by five-foot planting strips.
(2)
Not less than five feet of landscaped area shall
be provided between the curbline of any parking area and the outside
wall of the dwelling unit in a residential area.
(3)
Parking may be permitted within 10 feet of a
property line when said property line abuts a lot used for apartment,
nursing home, assisted-living or nonresidential purposes.
(4)
Parking lots shall be effectively landscaped
with trees and shrubs to reduce the visual impact of glare, headlights,
parking lot lights; to delineate driving lanes and define rows of
parking; to provide shade in order to reduce the amount of reflected
heat; and to improve the aesthetics of parking lots.
(5)
All parking lots with 20 or more parking stalls
shall be landscaped according to the following regulations:
(a)
The ends of all parking rows shall be divided
from driving lanes by planting islands.
(b)
In residential developments, parking lots shall
be divided by planting strips into smaller parking areas of no more
than 20 stalls in a row.
(c)
In nonresidential developments, parking lots
shall be divided by planting strips into smaller parking areas of
no more than 40 stalls.
(d)
Planting islands shall be a minimum of five
feet by 20 feet in area, underlain by soil (not base course material),
mounded at no more than a four to one slope, nor less than a 12 to
one slope, and shall be protected by curbing. Each planting island
shall contain one shade tree plus shrubs and/or ground cover to cover
the entire area.
(e)
All planting strips shall be a minimum of five
feet wide. Strips shall run the length of the parking row, underlain
by soil, mounded at no more than four to one slope, nor less than
a 12 to one slope, and shall be protected by curbs and/or wheel stops.
Planting strips shall contain plantings of street-type shade trees
at intervals of 30 to 40 feet plus shrubs and/or ground cover to cover
the entire area at maturity.
(f)
The placement of light standards, as may be
required, shall be coordinated with the landscape plan to avoid a
conflict with the effectiveness of light fixtures.
B.
Street trees shall be required as follows:
(1)
Along all existing streets when they abut or
lie within the proposed PRD.
(2)
Along all proposed dedicated streets.
(3)
Along access driveways that serve three or more
residential dwelling units.
(4)
Along access driveways that serve nonresidential
properties.
(5)
Along walkways through parking lots and between
nonresidential properties.o
(6)
Street trees shall be located between the required
right-of-way line and the building setback line and shall meet the
following standards:
(a)
Trees shall be planted a minimum distance of
two feet and a maximum distance of 10 feet outside the required right-of-way
line.
(b)
In nonresidential developments, trees shall
be located within a planting bed along the frontage, at least 10 feet
in width, planted in grass or ground cover. In areas where wider sidewalks
are desirable or space is limited, tree planting pits may be used.
(c)
Trees shall be planted at a ratio of at least
one tree per 50 linear feet of frontage or fraction thereof. Trees
shall be distributed along the entire frontage of the property although
they need not be evenly spaced.
(d)
Trees shall have a total height of not less
than six feet above the root ball.
(e)
Trees shall be hardy species (preferably, but
not necessarily, native to the area) with minimal maintenance requirements
that are compatible with other features of the site and its environs.
(f)
Trees shall be planted on both sides of the
street in an alternating pattern.
C.
Stormwater basins and associated facilities. Landscaping
shall be required in and around all stormwater management basins as
follows:
(1)
All areas of stormwater management basins, including
basin floors, side slopes, berms, impoundment structures or other
earth structures, shall be planted with cover vegetation, such as
lawn grass or naturalized plantings specifically suited for stormwater
basins in accordance with an approved erosion and sediment pollution
control plan. Trees and shrubs shall be allowed in and around stormwater
basins, provided that they do not interfere with the proper function
of the basin and no trees are planted on or within 30 feet of an impoundment
structure or dam.
(2)
Minimum grades inside stormwater basins shall
be 1%, unless a wet bottom basin is proposed, and maximum side slopes
of the basin shall be 50% (two to one slope), unless retaining walls
are used.
(3)
All stormwater basins and associated facilities
landscaping shall be in accordance with any rules and regulations
promulgated for the watersheds in which the PRD is to be located under
the Pennsylvania Stormwater Management Act, Act of October 4, 1978,
P.L. 864, No. 167, 32 P.S. § 680.1 et seq.
D.
Buffer area. A permanent vegetative buffer of not
less than 30 feet in width shall be provided along the outside tract
boundaries of a PRD, excluding access points and along existing or
proposed streets, only in accordance with the following.
(1)
To the maximum extent possible, existing vegetation
within the buffer areas along the property boundaries is to be preserved.
(2)
The setback for dwelling units or other accessory
buildings in a PRD which are nearest to the outside property boundaries
shall be measured from the interior edge of the buffer area; said
interior edge is referred to herein as the "buffer line."
(3)
Existing healthy trees, shrubs or woodland may
be substituted for part or all of the required material. The minimum
quantities and/or visual effect of the existing vegetation shall be
equal to or exceed that of the buffer.
(4)
In those areas which do not contain existing
vegetation or in which the existing vegetation is of insufficient
size to server as a buffer, a buffer shall be installed as follows:
(a)
Upon installation, a buffer shall be not less
than six feet tall, achieving a height of not less than eight feet
within three years.
(b)
Buffers shall have a minimum depth of 10 feet.
No plant trunk shall be closer than 10 feet to any property line.
(c)
The buffer area shall be a continuous pervious
planting bed consisting of the required trees, shrubs, grass or ground
cover.
(d)
Parking is not permitted in the buffer area.
(f)
Berm(s) may be utilized to create the buffer
in whole and/or part subject to the following:
[1]
The side slope of any berm shall not exceed
a 3:1 grade.
[2]
The toe of the berm shall not be within 10 feet
of a property line or road right-of-way.
[3]
The berm may not impede sight distance at any
intersection or along any roadway.
[4]
The berm is to be stabilized with vegetation
requiring a minimum of maintenance.
(5)
An overall landscape plan shall be provided.
E.
Site element screens.
(2)
Screen location. The site element screen shall
be placed adjacent to the site element to be screened.. The screen
shall be located as close as possible to the site element and shall
surround the element without impeding function or encroaching on sight
triangles.
(3)
Existing healthy trees, shrubs or woodland may
be substituted for part or all of the required material. The minimum
quantities and/or visual effect of the existing vegetation shall be
equal to or exceed that of the site element screen.
(4)
Screen types and criteria. The following types
of screens shall be available for use:
(a)
Site element screen type no. 1: double row of
evergreen trees. A double row of evergreen trees shall be placed 10
feet on center and offset 10 feet to provide a continuous screen at
a minimum height of 12 feet at maturity.
(b)
Site element screen type no. 2: opaque fence
with ornamental trees and shrubs. A six-foot opaque fence surrounding
the site element on at least three sides, with additional plantings
at a minimum of three shrubs and two ornamental trees or shrubs for
each 10 linear feet of proposed fence arranged formally and informally
between the fence and the adjoining property line.
(c)
Site element screen type no. 3: architectural
extension of the building. An eight-foot minimum height architectural
extension of the building (such as a wing wall) shall enclose service
or loading docks. The building materials and style of the extension
shall be consistent with the main building.
(d)
Site element screen type no. 4: evergreen hedge.
An evergreen hedge a minimum height at planting of six-foot plants,
three feet on center maximum.
(e)
All trees shall be a minimum of six feet in
height when planted.
A.
Traffic study. A traffic study shall be prepared far
all PRD communities. The study shall be in accordance with the requirements
of the Commonwealth of Pennsylvania, Department of Transportation.
B.
Existing significant features. All PRDs shall show
or be accompanied by plans depicting significant existing features
within 100 feet of any portion of the land which is the subject of
the PRD. The plan shall depict the location, names, widths of existing
streets and alleys; location of buildings; and location of watercourses,
floodplain areas, wetlands, sanitary sewers, storm drains, bridges,
utilities above and below the ground and other similar features.
C.
Lot depth. In order to provide for the maximum flexibility
in development there shall be no lot depth-to-width ratio in a PRD.
D.
Utility and drainage easements. Easements with a minimum
width of 20 feet shall be provided for dedicated common utilities
and drainage when provided in or over undedicated land. Five feet
additional width is required for each dedicated utility within the
easement. Drainage easements shall be required along natural watercourses
to a minimum width of 25 feet from the center line or five feet from
the edge of wetland or floodplain and may also be used for storm and
sanitary sewers and public water easements. No structures or trees
shall be placed within such easements. In addition, the applicant
shall provide an additional temporary easement of 20 feet for purposes
of construction and maintenance. There shall be a minimum distance
of 50 feet from any proposed dwelling unit and the pipe transporting
petroleum products or natural gas which traverses the development.
E.
Cul-de-sac streets. A cul-de-sac street shall not
be more than 1,000 feet in length, except that the Board of Supervisors
shall have the right to allow the extension of a cul-de-sac street
to a length greater than 1,000 feet based upon individual site conditions.
In so much as a PRD is an entity unto itself, a cul-de-sac street
within a PRD shall not be required to extend to the property line.
F.
Street grades. Minimum and maximum grades. There shall
be a minimum grade of at least 1% on all streets; a maximum grade
of 8% on arterial and collector streets; and 12% on local and rural
streets within residential portions of a PRD.
G.
Curbing. Curbing shall be required along any cartway
on which on-street parking shall be permitted. Curbing shall be either
box, rolled, or belgium-block type. Within those areas of a PRD in
which no on-street parking is to be permitted, grass-lined swales
shall be permitted to the extent that the center line grade of the
corresponding cartway does not exceed 7%. Transitions between curbing
and swales shall only take place at intersections. Sidewalks shall
be set back a minimum of two feet from the back of the curbing.
H.
Sidewalks. Sidewalks shall be provided along both
sides of all curbed residential streets unless there are residential
dwelling units on only one side of the street. In such a case, to
the extent that the portion of the street containing dwelling units
on only one side is greater than 500 feet in length, sidewalks need
only be placed on the side of the street containing the dwelling units.
In no event shall sidewalks be required along arterial streets. Sidewalks
may be required to be placed in and/or to open space/recreation facilities
or to provide convenient access to nonresidential facilities. Walking
trails may be used in lieu of sidewalks with the approval of the Board
of Supervisors. Macadam walkways may be substituted for concrete sidewalks
with approval from the Board of Supervisors.
I.
Stormwater management. Stormwater management shall be governed and comply with Township Ordinance No. 2007-02, adopted on June 28, 2007 (Chapter 99, entitled Stormwater Management, of the Code of Ordinances of the Township of Washington).
[Amended 12-12-2017 by Ord. No. 2017-4]
J.
Erosion and sediment pollution control plan. An erosion
and sediment pollution control plan shall be prepared and submitted
to the Berks County Conservation District for approval. The plan shall
be required to incorporate best management practices to the greatest
degree possible to limit point discharges and promote groundwater
recharge, where feasible.
K.
Sanitary sewer and water facilities. All sanitary
sewer and water facilities, whether public or community owned, shall
be designed and constructed in accordance with the rules and regulations
governing the same as adopted by the Washington Township Municipal
Authority, as amended.
A.
Utilities. All buildings and residential units within
a PRD shall be served by a public or community water and a public
or community sanitary sewer system. All utility lines such as electric,
telephone and cable, shall be installed underground.
B.
Signs. Development identification signs and directional
signs shall be permitted. Traffic directional signs and signs indicating
direction to delivery and loading areas are permitted and shall not
exceed four square feet each. One two-sided development identification
sign shall be permitted at each entry to the development, each side
of which shall not exceed 50 square feet in area. All signage within
an PRD shall be approved by the Board of Supervisors to the extent
that it does not comply with the requirements for the same as outlined
in this chapter.
C.
Lighting fixtures. Illumination of any PRD residential
structure including parking lots, driveways, walkways and entrances
thereto shall be arranged so as to protect the adjacent highways and
neighboring properties, whether or not contiguous thereto, from unreasonable
direct glare or hazardous visual interference. No freestanding light
fixture shall exceed a height of 20 feet. All nonresidential illumination
shall be in accordance with the current Washington Township lighting
standards.
D.
Provision for maintenance/ownership of common elements.
A declaration acceptable to the Board of Supervisors and the Township
Solicitor for the maintenance/ownership of all common elements which
will not be owned and maintained by the Township shall be approved
by the Board of Supervisors prior to final PRD plan approval and shall
be recorded at the Berks County Recorder of Deeds office after final
plan approval.
E.
Restriction against future subdivision. Since the
concept embodied in these regulations is to develop the entire tract
in a unified manner, and that the lots shown on the plan are for allocation
of space among the owners of homes and nonresidential uses in the
development, the entire tract shall be restricted by a declaration
of covenants to run with the land so that the individual lots shown
on the plan of a PRD cannot be further subdivided.
F.
Homeowners' association. In the event that a homeowners'
association is proposed as part of a PRD, Washington Township shall
be given a opportunity review all documentation creating the same,
including, but not limited to the bylaws.
In the event a requirement, term, or provision
of this article conflicts with any requirement, term or provision
set forth in the Washington Township Subdivision and Land Development
Ordinance[1] or other Washington Township ordinances regulating the
development of land within the Township, or is otherwise in conflict
with another requirement, term, or provision of this chapter, it is
the intent of the Board of Supervisors that the requirements, terms,
and provisions of this article shall control in the case of a development
subject to the terms of this article.
