In addition to the general purposes of Article I, the provisions of this article are intended to serve the purposes of a PRD stated in the Pennsylvania Municipalities Planning Code, as amended.
A.
All provisions of this chapter and Chapter 230, Subdivision and Land Development, shall apply to a PRD, except where specific provisions of this article clearly differ from specific provisions of other sections of this chapter or the SALDO or where this article authorizes a modification.
B.
A PRD shall be considered a "subdivision" under the SALDO except that when specific procedural provisions for a PRD under the Pennsylvania Municipalities Planning Code differ from the SALDO provisions, then provisions of such state law shall apply in place of the Chapter 230, Subdivision and Land Development, provisions.
C.
In certain instances this Article XXIII provides separate standards for a planned residential golf course community. A planned residential golf course community is a type of PRD defined as an area of land to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which meets the requirements of Article XXIII of this chapter, and which deviates from specific requirements of the zoning district(s) where provided by this Article XXIII, and which includes a public golf course as part of the preserved common open space.
[Added 11-3-2005 by Ord. No. 02-05]
An application for tentative approval of a proposed
PRD shall only be eligible for tentative approval if the following
initial requirements are met:
A.
The proposed PRD shall consist of one or more contiguous parcels of land under single ownership and control or under active agreement of sale with the parcels clearly intended to be owned and developed by a single legal entity. Notwithstanding the foregoing, with respect to a planned residential golf course community, the parcels of land to be utilized as a public golf course and the parcels of land to be developed in accordance with the provisions of the Article XXIII shall not be required to be under single ownership and control.
[Amended 11-3-2005 by Ord. No. 02-05]
B.
C.
PRD shall only be permitted within the RR, LDR, MDR,
MHDR or CR Districts. Notwithstanding the foregoing, a planned residential
golf course community may extend into an AG District, provided, however,
that not less than 50% of the total acreage of the planned residential
golf course community shall be contained within the RR, LDR, MDR,
MDHR, or CR Districts.
[Amended 11-3-2005 by Ord. No. 02-05]
D.
Public water and public sanitary sewer systems shall
serve all principal uses of the PRD.
E.
No building in a PRD shall include more than four
stories.
A.
Residential uses permitted. A PRD shall include a
mix of at least two of the following dwelling types:
B.
Minimum mix of housing types. A minimum of 20% of
the dwelling units in a PRD shall be detached single-family dwellings,
and a maximum of 40% of the dwelling units in a PRD shall be garden
apartments.
C.
The following nonresidential uses may be permitted
in any PRD other than a planned residential golf course community
to the extent that these nonresidential uses are designed and intended
primarily to serve residents of the PRD and are compatible and harmoniously
incorporated into the unitary design of the PRD:
[Amended 11-3-2005 by Ord. No. 02-05]
(1)
Retail stores, personal services and restaurants
without drive-through service. Such uses shall clearly be intended
to serve the PRD and the immediate neighborhood. Each establishment
shall include a maximum of 5,000 square feet of floor area.
(2)
Offices and financial institutions.
(3)
Primary and secondary schools, nursery schools,
day-care centers, places of worship, community centers, nursing homes
and personal-care homes.
(4)
Nonresidential uses permitted in a planned residential
golf course community. The following nonresidential uses shall be
permitted in a planned residential golf course community:
[Added 11-3-2005 by Ord. No. 02-05]
(a)
Public golf course. An eighteen-hole golf course,
open to the public together with golf practice and teaching facilities,
rest room and rain shelters, maintenance facilities, golf cart storage,
golf club and general storage, caddy shack, and pro shop.
(b)
Clubhouse facilities. A golf course may include
golf/country club facilities such as pool, tennis court, athletic
facilities, a main club house and a satellite club house which may
contain one or more of the following:
[1]
Kitchen and dining facilities.
[2]
Snack bar and grill.
[3]
Bar, lounge, lobby(s) or other common gathering
areas.
[4]
Locker rooms, shower facilities, and rest rooms.
[5]
Exercise rooms.
[6]
Management offices.
[7]
Club repair and storage.
[8]
Golf cart storage.
[9]
Golf and tennis pro shops.
[10]
Banquet facilities and conference
center.
A.
Land use density within a PRD shall be regulated by
the following general standards:
(1)
Maximum average residential density for the
residential and common open space portions of the PRD site shall not
exceed the following densities. In determining such densities, areas
to be occupied by proposed streets need not be deleted from the acreage.
(a)
In RR District: two dwelling units per acre.
(b)
In LDR District: four dwelling units per acre.
(c)
In MDR District: five dwelling units per acre.
(d)
In MHDR District: seven dwelling units per acre.
(e)
In CR District: 3/10 dwelling units per acre.
A PRD may include land within the CR District, provided the density
is shifted to portions of the PRD in other districts. No new buildings
shall be located within a CR District, except appropriate recreation
buildings specifically approved as part of the PRD. Land within the
CR District may be used to meet the common open space requirements.
(f)
Where a portion of a planned residential golf course community is located in an AG District, the maximum average dwelling units shall be determined as follows. The maximum average units per acre as set forth in Subsection A(1)(a) through (e) shall be reduced by multiplying said number of units by the percentage of the PRD land area not situated in the AG District. The resulting per-acre unit number shall be multiplied by the number of acres in the applicable zoning district. One and one-half additional units per acre of PRD land in the AG District shall be added to that number. This total shall be the maximum average number of residential dwelling units allowed in the PRD, which shall be applied to the entire PRD site without regard to maximum unit limitations in individual zoning districts.
[Added 11-3-2005 by Ord. No. 02-05]
(2)
The total area covered by all impervious surfaces
shall not exceed 30% of the total tract area of the PRD.
(3)
The percentage of the PRD site devoted to permanent
common open space, excluding areas within 25 feet of all nonrecreation
buildings, shall be no less than 25% of the total site area.
(4)
The percentage of the PRD site to be devoted
to nonresidential uses including required parking shall not exceed
5% of the total site area.
(5)
No one net acre of land, after deleting street
rights-of-way, shall exceed 12 dwelling units per acre; provided,
however, for a planned residential golf course community, no one net
acre of land, after deleting street rights-of-way, shall exceed 15
dwelling units per acre.
[Amended 11-3-2005 by Ord. No. 02-05]
C.
Site planning standards. Within the standards of this section and § 275-207 and considering the site analysis in § 275-206, the PRD development plan shall establish appropriate dimensional standards for all development within the PRD. The applicant shall prove to the satisfaction of the Board of Commissioners that such dimensional standards will result in highly functional and attractive development, and will be compatible around the perimeter with adjacent development.
(1)
The specific dimensional and lot requirements
of the applicable district shall not apply to an approved PRD.
(2)
Within a PRD, the Board of Commissioners may
also modify other lot, off-street parking and dimensional requirements
of other provisions of this chapter, not including this article, where
the applicant proves such modification is needed to meet the purposes
and standards of this article.
(3)
The Board of Commissioners shall not have authority
to reduce specific requirements of this article (other than submission
and administrative requirements) or to grant a use variance. Such
actions shall require a variance by the Zoning Hearing Board.
A.
Natural features analysis. In order to determine which
specific areas of the total PRD site are best suited for higher-density
development, which areas are best suited for lower-density development
and which areas should be preserved in their natural state as open
space areas, a thorough analysis of the natural features of the site
is required. The following subject categories must be included in
this analysis:
(1)
Hydrology. Analysis of natural drainage patterns
and water resources including an analysis of streams, natural drainage
swales, ponds or lakes, wetlands, floodplain areas, permanent and
seasonal high water table areas.
(2)
Geological. Analysis of characteristics of rock
formations underlying the site including defining aquifers (particularly
those locally subject to pollution) and shallow bedrock areas.
(3)
Soils. Analysis of types of soils present in
the site area, based upon the County Soil Survey or a more detailed
professional study.
(4)
Topography. Analysis of slopes of site including
mapping of areas over 25%, between 15% and 25% and between 12% and
15% slope.
(5)
Vegetation. Analysis of tree and plant cover
of the site, emphasizing mature woodlands.
(6)
Micro-climate. Analysis of angles of strong
sunlight and seasonal prevailing winds in specific areas of the PRD
site.
B.
Community impact analysis. In order to determine the
impact of the proposed PRD upon the Township, an analysis of the potential
affects of the PRD upon public facilities, utilities, roadway systems
and public schools is required. A comparison of the projected costs
to the Township and school district versus the revenues to the Township
and school district produced by the PRD shall be included in the analysis.
A.
Residential uses.
(1)
The results of the natural features analysis prepared under § 275-206A shall be considered in the siting of all dwelling unit structures.
(2)
Conventional siting practices such as building
setbacks from streets and minimum distances between buildings may
be varied in order to produce attractive and interesting arrangement
of buildings.
[Amended 11-3-2005 by Ord. No. 02-05]
(3)
Dwelling unit structures shall be located and
sited so as to promote pedestrian and visual access to common open
space wherever possible.
(4)
Dwelling unit structures shall be located and
arranged so as to promote privacy for residents within the PRD and
maintain privacy for residents adjacent to the PRD.
(5)
Buildings other than single-family detached
dwellings and their accessory structures shall be set back a minimum
of 100 feet from the lot line of an existing single-family detached
dwelling. All principal buildings shall be set back a minimum of 50
feet from all exterior lot lines of the PRD.
(6)
No structure shall be located within 20 feet
of the right-of-way of a street within the PRD.
B.
Commercial uses.
(1)
Any commercial uses shall be located in a single
area of the PRD site, and this area including parking areas shall
not exceed 5% of the total area of the PRD.
(2)
The applicant shall prove to the clear satisfaction
of the Board of Commissioners, considering review by the Planning
Commission, that any principal nonresidential uses will:
(3)
Signs for commercial uses are permitted, subject
to the following restrictions:
(a)
A single sign for the commercial center is permitted.
Such signs shall be limited to a height of six feet with a total area
of 30 square feet.
(b)
Signs for individual uses shall be permitted
on the building, which shall be not more than 30 square feet in area,
and shall be mounted flush on the building. Freestanding signs for
individual uses are prohibited.
(c)
Signs may be illuminated by shielded floodlights,
provided such lighting is designed and located so as to direct light
upon the sign and not an adjacent residence. Lights of signs shall
be illuminated only during times when nonresidential uses are open
to the public.
(d)
No sign shall be permitted that is prohibited
by this chapter.
(4)
In a planned residential golf course community,
the golf course and clubhouse facilities shall not be considered commercial
uses.
[Added 11-3-2005 by Ord. No. 02-05]
C.
Common open space.
(1)
The location, shape, size and character of the
common open space shall be provided in a manner consistent with the
objectives of the PRD provisions of the Pennsylvania Municipalities
Planning Code and in full consideration of the natural features analysis.
(2)
Uses authorized for the common open space must
be appropriate to the scale and character of the planned development,
considering its natural features, size, land use intensity, potential
population and the number and types of dwelling units to be developed.
(3)
Whenever possible, common open space shall be
designed as a contiguous area interspersed with residential areas
with pedestrian and visual access available to most residents of the
PRD.
(4)
Significant natural features such as woodland
areas, large trees, natural watercourses and bodies of water, rock
outcroppings and scenic views shall be incorporated into common open
space areas whenever possible. Provided, however, that no less than
25% of the total common open space area shall be suitable for intensive
use as an active recreation area.
(5)
Development of the PRD must be planned so as
to coordinate the establishment of common open space areas and the
construction of dwelling units.
(6)
For a planned residential golf course community, the area of any public golf course located therein shall qualify under this chapter as permanent common open space and active recreation area. The provision of such common open space shall be in addition to, and in not in lieu of, the requirements of § 230-60, Dedication of open space and recreation land or payment of fees in lieu thereof, of Chapter 230, Subdivision and Land Development.
[Added 11-3-2005 by Ord. No. 02-05]
D.
Parking.
(1)
Except as otherwise approved by the Board of
Commissioners, after review by the Planning Commission, the PRD shall
meet the parking requirements of this chapter. In the case of a PRD
where the conversion of garage areas to other uses is strictly prohibited
by deed restriction, each garage space may be counted as one off-street
parking space in addition to each driveway space, regardless of the
type of residential unit served.
[Amended 11-3-2005 by Ord. No. 02-05]
(2)
Parking areas of three or more spaces shall:
(a)
Be screened from streets exterior to the PRD
by hedges, dense planting, earth berms or changes in grade or walls;
(b)
Shall be a minimum of 15 feet from all dwellings
and collector, connector and arterial street rights-of-way;
(c)
Except as otherwise approved by the Board of
Commissioners, after review by the Planning Commission, no more than
60 parking spaces shall be accommodated in any single parking area,
except where the parking serves a public golf course as part of a
planned residential golf course community development.
[Amended 11-3-2005 by Ord. No. 02-05]
E.
Lighting.
(1)
All streets, off-street parking areas and areas
of intensive pedestrian use shall be adequately lighted after dark.
All such lighting shall be designed and located so as to direct light
away from adjacent residences.
(2)
Appropriate lighting fixtures shall be provided
for outdoor walkways, steps and handicapped ramps. Such lighting shall
be designed and located so as to direct light away from adjacent residences.
F.
Soil erosion and storm drainage.
(1)
The PRD shall be designed and constructed so as to minimize site clearance and earthmoving. The results of the natural features analysis, § 275-206A, shall be taken into account in determining areas suitable for site clearance and earthmoving.
(2)
The erosion control requirements of PADEP and Chapter 230, Subdivision and Land Development, shall be complied with.
(3)
Stormwater management shall comply with Township
Stormwater Management Ordinances,[1] provided, however, with respect to a planned residential
golf community, the Board of Commissioners, after review by the Planning
Commission, may approve such modifications and deviations that are
reasonably necessary to achieve a functional and safe stormwater management
system.
[Amended 11-3-2005 by Ord. No. 02-05]
G.
Tree preservation and landscaping.
(1)
Except as otherwise approved by the Board of Commissioners, considering review by the Planning Commission, tree preservation and landscaping provisions of this chapter and Chapter 230, Subdivision and Land Development, shall apply. Where extensive natural tree cover and vegetation does not exist and cannot be preserved on the PRD site, appropriate landscaping shall be planted to enhance the appearance of the PRD, aid in erosion control, provide protection from wind and sun, screen streets and parking areas and enhance the privacy of dwelling units.
[Amended 11-3-2005 by Ord. No. 02-05]
(2)
Existing trees shall be preserved wherever possible.
The protection of trees six inches or more in diameter (measured at
a height 3.5 feet above the original grade) shall be a factor in determining
the location of open spaces, structures, underground utilities, walks
and paved areas. Areas in which trees are preserved shall remain at
original grade level and undisturbed wherever possible.
H.
Streets.
(1)
The street system of the PRD shall be designed
so as to relate harmoniously with land uses within and adjacent to
the PRD through the establishment of a hierarchy of roadway functions,
to create a separation of automobile and pedestrian traffic through
the coordinated design of streets, dwelling units, common open space
areas and pedestrian walkways, to create efficient and safe connections
with the existing street system of the Township in order to insure
proper ingress and egress to and from the PRD and to minimize through
traffic in residential areas.
(2)
In order to separate automobile and pedestrian
circulation and to increase accessibility to common open space areas,
pedestrian walkways shall be provided wherever feasible. Curbs and
sidewalks shall be required adjacent to streets in a PRD only as deemed
necessary by the Board of Commissioners.
(3)
Streets shall meet all standards of Chapter 230, Subdivision and Land Development, except that the Board of Commissioners may allow modifications in such requirements after receiving a written request from the applicant and after the applicant proves to the satisfaction of the Board of Commissioners that such modification is reasonable. The Planning Commission shall be given an opportunity to review such requests.
(4)
A private common driveway may access multiple single-family attached dwelling units on a common lot. The private common driveway need not meet the provisions of Chapter 230, Subdivision and Land Development, for public or private streets. The private common driveway shall, however, be designed with adequate provisions for sight distance, a minimum twenty-four-foot cartway width, center line radii, intersection curb return radii, all based on accepted guidelines as published by AASHTO, the Institute of Transportation Engineers, or other industry-recognized agencies. The private common driveway shall be posted with a speed limit of 20 miles per hour and shall have at least two points of access to another private common driveway or street. Where a private common driveway intersects a public street, the provisions of Chapter 230, Subdivision and Land Development, for clear sight triangles and intersection separation between local public streets shall apply.
[Added 11-3-2005 by Ord. No. 02-05]
(5)
In a planned residential golf course community
development, driveways serving an individual residential unit, and
connecting to a pubic street, shall be located no closer than 50 feet
(measured center line to center line along the edge of pavement) to
the intersection when the intersecting street is on the same side
as the driveway. This criteria shall not apply to driveways serving
individual residential units opposite the intersecting street of a
T-intersection.
[Added 11-3-2005 by Ord. No. 02-05]
Underground provisions shall be made for telephone,
electric service and cable TV lines.
A.
Organization. The developer shall make provisions
which ensure that the common open space land shall continue as such
and be properly maintained. The developer shall provide for and establish
a homeowners' association or similar organization for the ownership,
maintenance and preservation of open space which shall conform to
the following standards and procedures:
(1)
The organization shall be established by the
developer before the sale or rent of dwelling units in the PRD.
(2)
The form, financial capability, rules of membership
and methods of cost assessment of the organization shall be in a form
acceptable to the Township so as to adequately provide for the maintenance,
preservation and improvement responsibilities of the organization.
(3)
The organization responsible for maintenance,
preservation and improvement of common open space areas shall be the
sole owner of the common open space lands.
(4)
The organization shall hire adequate staff or
contractors to administer and maintain common facilities and open
space.
(5)
Such organization shall meet all applicable
state law.
D.
Public dedication of common open space. In place of
establishing a homeowner association, the Board of Commissioners may
approve other methods of owning and maintaining the common open space,
such as dedication to the Township, Northampton County or the Bethlehem
Area School District as public recreation land. However, such method
shall not be approved unless such entity agrees in writing to own
and maintain such land in perpetuity as public recreation land. Such
actual dedication shall not occur until such entity takes formal action
to accept the dedication.
A PRD may be developed in phases if the applicant
proves that the following standards are met:
A.
The location and order of each phase is clearly marked
on the development plan.
B.
At least 10% of the dwelling units in the development
plan are included in the first phase. In the case of a planned residential
golf course community, the first phase shall also include construction
of the golf course.
[Amended 11-3-2005 by Ord. No. 02-05]
C.
At least 50% of the dwelling units in the PRD shall
be rented or sold before any commercial development is completed.
D.
All phases shall be completed consistent with the
development plan and shall be of such size and location that they
constitute economically sound units of development.
E.
Each proposed phase (including but not limited to
its utilities, open space, density and transportation system) shall:
[Amended 11-3-2005 by Ord. No. 02-05]
Tentative and final plans for a PRD shall each
be reviewed by the Township Planning Commission and be subject to
approval, conditional approval or denial by the Board of Commissioners.
A.
Preapplication consultation. Prior to the preparation and submission of an application for Tentative Approval, a preapplication consultation meeting should be held with the Township Planning Commission by the prospective applicant for tentative approval. The purpose of the informal meeting is to discuss the general intent of the landowner, to consider relationships with adjacent neighborhoods and streets, and to discuss possible modifications of Township requirements. No comment or statement concerning a review at this time shall be binding on the Township. The applicant should submit a conceptual sketch plan that follows the standards listed in Chapter 230, Subdivision and Land Development, for a sketch plan.
B.
Application for tentative approval.
(1)
An application for tentative approval on a form prescribed by the Township shall be executed by or on behalf of the landowner and filed with the Township. A tentative PRD approval shall take the place of a "preliminary plan approval" under Chapter 230, Subdivision and Land Development. Unless stated otherwise in a Township fee resolution, the same amounts and procedures for payment of fees and costs shall apply for a PRD as would apply to a subdivision including the same amount of development.
(2)
The application for tentative approval shall
be accompanied by and include plans, documents and studies which contain
or illustrate the following information:
(a)
The location, size and topography of the PRD
site and the proposed name of the PRD.
(b)
The nature of the landowner's and developer's
interest in the PRD, with addresses of such persons.
(c)
The proposed land use areas within the PRD distinguishing
between types of residential, nonresidential and open space uses.
(d)
The land use density of each land use within
the PRD and the average gross residential density for the entire PRD.
(e)
The use and approximate height, bulk and location
of existing and proposed buildings and other structures.
(f)
The location, function, size, ownership, proposed
facilities and entity to be responsible for maintenance of the common
open space.
(g)
The location, rights-of-way and cartway widths
of existing and proposed streets and the location and capacity of
areas for the parking of vehicles.
(h)
The feasibility of proposals for water supply
and sanitary sewage and stormwater disposition systems.
(i)
The proposed location of all utility lines and
pedestrian walkways.
(j)
The substance of covenants, grants of easements
or other restrictions to be imposed upon the use of land, buildings
and structures, including proposed grants and/or easements for common
open space areas and public utilities and the legal form of provision
thereof.
(k)
In the case of plans which call for development
in phases, a schedule showing the approximate time within which applications
for final approval of each phase of the PRD are intended to be filed
and the approximate number of dwelling units, types of dwelling units
and gross residential density for each type of dwelling unit planned
for each phase. The schedule shall be updated annually on the anniversary
of submission for tentative approval.
(l)
A site map or maps at one inch equals 100 feet (or such other scale as may be preapproved by the Township Engineer) delineating the hydrology, geology, soils, topography and vegetation of the site as explained in § 275-206. The combined impact of the natural features upon the development potential of each specific area of the site shall be clearly illustrated on the map or maps at the same scale as the required site plan.
(n)
A site plan of one inch equals 50 feet (or at
such other scale as may be preapproved by the Township Engineer) showing
contour lines at vertical intervals preapproved by the Township Engineer.
(o)
Approximate location, size and material of all
sanitary sewer, water supply and storm drainage system lines and proposed
connections to existing public facilities.
(p)
A plan at one inch equals 800 feet, or at such
other scale as may be preapproved by the Township Engineer, illustrating
the relation of the proposed PRD to the surrounding area and all existing
developments within 1,000 feet of the PRD.
[Amended 11-3-2005 by Ord. No. 02-05]
(q)
In the case of plans which call for development
in phases, a plan at one inch equals 100 feet or at such other scale
as may be preapproved by the Township Engineer, delineating each phase
or section of the PRD consecutively numbered so as to illustrate phasing
of development.
(r)
A written statement by the developer setting
forth the reasons why, in his/her opinion, the PRD would be more in
the public interest than conventional development of the tract.
(s)
Such other plans, maps, studies and documentation which may be required to comply with the terms of this Article XXIII or which the Township may reasonably request at any phase in the proceedings to determine compliance with Township ordinances.
(t)
North arrow, graphic scale, date of submission
and date and description of revisions.
C.
Planning Commission review. One copy of every application
for tentative approval received by the Township shall be promptly
forwarded to the Township Planning Commission and to the Lehigh Valley
Planning Commission (LVPC) for study and recommendation. Any report
and recommendation received from the Township Planning Commission
or the LVPC shall forthwith be made available to the landowner. Any
recommendation of the Township Planning Commission or LVPC shall be
advisory and the failure of either of said Commissions to furnish
a recommendation shall not give rise to any resumptions or inferences.
E.
Tentative decision and findings. Section 709 of the
Pennsylvania Municipalities Planning Code, as amended,[2] or its successor section, is hereby included by reference.
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, for the denial and said communication
shall set forth with particularity in what respects the development
plan would or would not be in the public interest including but not
limited to findings of fact and conclusions on the following:
(1)
In those respects in which the development plan
is or is not consistent with the Comprehensive Plan for the development
of the Township.
(2)
The extent to which the development plan departs
from zoning and subdivision regulations otherwise applicable to the
subject property including, but not limited to, density, bulk and
use and the reasons why departures are or are not deemed to be in
the public interest.
(3)
The purpose, location and amount of the common
open space in the PRD, 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.
(4)
The physical design of the development plan
and the manner in which said design does or does not make adequate
provision for public services, provide adequate control over vehicular
traffic and further the amenities of light and air, recreation and
visual enjoyment.
(5)
The relationship, beneficial or adverse, of
the proposed PRD to the neighborhood in which it is proposed to be
established.
(6)
The sufficiency of terms and conditions to protect
the interests of the public and the residents of the PRD in the integrity
of the development plan and to make sure that portions of the development
will properly function, with appropriate amenities, even if later
portions are not completed.
[2]
Editor's Note: See 53 P.S. § 10709.
F.
Timetable for filing final approval. Section 709(c)
of the Pennsylvania Municipalities Planning Code, as amended,[3] or its successor section is hereby included by reference.
Tentative approval shall not by itself authorize the construction
of streets, utilities or buildings.
[3]
Editor's Note: See 53 P.S. § 10709(c).
H.
Application for final approval.
(2)
The application for final PRD approval shall include a final plan at a scale of 50 feet to the inch or other scale preapproved by the Township Engineer. If the final plan is drawn in two or more sections, a key map showing the location of the several sections shall be placed on each sheet. The final plan shall meet all requirements of a final major subdivision plan, as stated in Chapter 230, Subdivision and Land Development, and shall also include all plan information required for the tentative PRD plan. In addition, the final PRD plan shall include the following:
(a)
Source of title to the land of the development
as shown by the records in the Recorder of Deed's office.
(b)
Total acreage of development, land uses in each
area, total number of buildings and dwelling units, number of each
type of dwelling unit, average residential density in total and in
each section.
(c)
Building coverage lines accurately locating
all types of dwelling units and nonresidential buildings and structures,
giving dimensions of the buildings and structures, distances between
buildings and structures, distances to street right-of-way lines and
parking areas, with distances accurate to the nearest hundredth of
a foot.
(d)
Accurate dimensions of common open space areas
specifically indicating those areas to be preserved in their natural
state and those areas to be developed for active recreation. Where
common open space areas are to be developed, the exact location of
structures in common open space areas shall be illustrated.
(e)
Tentative architectural sketches of the front
facades of all proposed types of buildings. If variations are proposed
of a single style, a typical design may be presented. Such sketches
shall not be the basis of a denial of a PRD.
(3)
In the case of a PRD proposed to be developed in phases, a final plan may be submitted for the section for which final approval is being sought. See requirements for phasing in § 275-210.
(4)
The final plan shall be accompanied by the following
materials:
(b)
All covenants running with the land governing
the reservation and maintenance of dedicated or undedicated open space
land. These matters shall be subject to legal review and acceptance
by the Township Solicitor.
(c)
Restrictions of all types which will run with
the land and become covenants in the deeds of lots shown on the final
plan.
(d)
Such certificate of approval by authorities
as have been required in this chapter, including certificates approving
the water supply system and the sanitary sewer system.
B.
Enforcement. To further the mutual interest of the
residents of the PRD and of the public in the preservation of the
integrity of the approved development plan and to ensure that any
modifications in the development plan shall not impair the reasonable
reliance of the said residents upon the provisions of the development
plan, nor result in changes that would adversely affect the public
interest, the enforcement and modification of the provisions of the
development plan as finally approved, whether those are recorded by
plat, covenant, easement or otherwise, shall be subject to the following
provisions:
(1)
The provisions of the development plan relating
to:
(a)
The use, bulk and location of buildings and
structures,
(b)
The quantity and location of common open space,
except as otherwise provided in this chapter; and
(c)
The intensity of use or the density of residential
units shall run in favor of the Township and shall be enforceable
in law or in equity by the Township, without limitation on any powers
of regulation otherwise granted the Township by law.
(2)
All provisions of the development plan shall
run in favor of the residents of the PRD but only to the extent expressly
provided in the development plan and in accordance with the terms
of the development plan and to that extent said provisions, whether
recorded by plat, covenant, easement or otherwise, may be enforced
by law or equity by said residents acting individually, jointly or
through an organization designated in the development plan to act
on their behalf; provided, however, that no provisions of the development
plan shall be implied to exist in favor of residents of the PRD except
as to those portions of the development plan which have received final
approval and been recorded.
C.
Modifications. All those provisions of the development
plan authorized to be enforced by the Township under this section
may be modified, removed or released by the Township, except grants
or easements relating to the service or equipment of a public utility,
subject to the following conditions:
(1)
No such modification, removal or release of
the provisions of the development plan by the Township shall affect
the rights of the residents of the PRD to maintain and enforce those
provisions, at law or in equity, as provided in this section.
(2)
No modification, removal or release of the provisions
of the development plan by the Township shall be permitted except
upon a finding by the Board of Commissioners, following a public hearing
thereon pursuant to public notice called and held in accordance with
the provisions of this article, that the same is consistent with the
efficient development and preservation of the entire PRD, does not
adversely affect either the enjoyment of land abutting upon or across
the street from the PRD or the public interest and is not granted
solely to confer a special benefit upon any person.
(3)
Residents of the PRD may, to the extent and
in the manner expressly authorized by the provisions of the development
plan, modify, remove or release their rights to enforce the provisions
of the development plan, but no such action shall by itself affect
the right of the Township to enforce the provisions of the development
plan in accordance with the provisions of this section.
