The municipality of the Planning Area establishes planned residential
development in forms authorized by district for the following purposes:
A.
To provide an adequate array of housing opportunities and choices
for existing and future residents of the Planning Area; and
B.
To encourage the preservation of wooded hillsides and open space
throughout the Planning Area; and
C.
To facilitate connected open space throughout the Planning Area in
a manner consistent with the Comprehensive Plan; and
D.
To encourage the development of unique nodes of residential and mixed-use
development that are properly integrated into adjacent transportation
networks and uses with properly buffering and separation from traditional
neighborhoods and mixed-use development; and
E.
To provide for development and redevelopment in sustainable forms
and proportions; and
F.
To further the general and municipal community development objectives
upon which this Zoning Ordinance is based.
A.
Common open space. Forty percent of the site shall be dedicated as
common open space adhering to the following standards.
(1)
Said open space shall be distributed in a manner that provides
adequate buffering from adjacent neighborhoods of differing housing
type and design, in a manner in which adjacent neighborhoods of varied
or contrasting character are bordered by open space. Topography, landscaping,
and types of adjacent uses shall determine said adequacy.
(2)
Five percent of the open space required shall be distributed
in central areas of the plan, directly visible from and faced by housing
constructed therein. Such open space shall bear at least 50 feet of
frontage on streets within the planned residential development. The
grading of said open space shall not exceed 8%.
(3)
The common open space shall be distributed in such a manner
so as to preserve, by private covenant in favor of the respective
municipality in which it is located and by the PRD itself, wooded
hillsides and other valuable natural features within the plan, including
jurisdictional wetlands and floodplains.
(4)
Each phase of the PRD shall bear at least a proportional amount
of open space or may include the dedication of all open space required
per the tentative approval.
C.
The amount of dwelling units permitted per acre shall be calculated
as follows:
(1)
Forty-three thousand five hundred sixty square feet divided
by the minimum lot size in square feet of the respective underlying
zoning district shall equal the base density or units per acre.
(2)
The following table shall serve to outline the number of units
by type permitted per acre for the gross acreage included in the PRD.
Each acre against which dwelling unit types are calculated shall not
be included in the calculation of other types permitted. Therefore,
the multipliers listed times the base density equal the number of
units permitted per the proportional acreage of land applied to that
dwelling unit type.
|
Use or Dwelling Unit Type
|
Multiplier
|
|---|---|
|
Single-family
|
1.2
|
|
Duplex
|
2.4
|
|
Townhouse
|
2.5
|
|
Elderly residential facility (number of residents)
|
7
|
(3)
One establishment of neighborhood public and semipublic use
shall be permitted per 25 dwelling units or for every 60 residents
licensed by the Pennsylvania Department of Public Welfare for elderly
residential facilities.
D.
Lot standards.
(1)
All lots shall bear safe and legal access to a street or access
drives.
(2)
Maximum building height of any structure is 45 feet or three
stories, whichever is less.
(3)
Yard setbacks or front yard build-to lines shall be proposed
by the developer, wherein approved lines shall not impede the administration
of emergency services.
(4)
Types of units authorized are listed in the table below. The
table establishes the distances, in linear feet, that each such structure
or group of units or structures must be set back from another, by
type. General lot design of fee simple building lots shall be capable
of accommodating specific use types for which each is designated,
allowing a building footprint permitting the following setback distances
from neighboring structures, as designated.
|
Use
|
Single-family
|
Duplex
|
Townhouses
|
Elderly Residential Facility
|
Neighborhood Public or Semipublic
|
|---|---|---|---|---|---|
|
Single-family
|
20
|
25
|
50
|
100
|
50
|
|
Duplex
|
25
|
30
|
30
|
75
|
40
|
|
Townhouses
|
50
|
30
|
30
|
75
|
40
|
|
Elderly residential facility
|
100
|
75
|
75
|
150
|
40
|
|
Neighborhood public or semipublic
|
50
|
40
|
40
|
40
|
200
|
(5)
Considering elderly residential facilities as one unit by establishment,
all types of units shall be capable of separate fee simple conveyance
through placement on fee simple lots or property interest created
as condominiums. Generally lots proposed to bear single-family residences
shall be at least 40 feet in width at the proposed and accepted building
line.
E.
Landscaping. At a minimum, townhouse units shall be landscaped around
the front of the units which face the street or access drive bearing
one high-level planting per unit or two ornamental trees per unit;
and four low-level plantings per unit. Elderly residential facilities
shall provide 30% of the lot on which they are constructed as landscaped
area bearing grass, groundcover, or decorative stone or mulch. Said
area shall include one high-level or two ornamental trees for every
1,500 square feet of landscaped area and one low-level planting for
every 300 square feet of said landscaped area.
F.
Elderly residential and neighborhood public or semipublic establishments shall be housed within structures adhering to the standards of § 300-905.
G.
Applicability of Zoning Ordinance provisions, subdivision and land
development ordinance, and related ordinances. Unless expressly modified
by the standards of this section, all other requirements of this chapter,
the local subdivision and land development ordinance, and local street,
grading, and other land development standards shall apply to developments
proposed under this section. Such ordinance standards may be modified
only when the developer demonstrates that literal enforcement will
exact undue hardship because of peculiar conditions pertaining to
the land in question, provided that such modification will not be
contrary to the public interest and that the purpose and intent of
this chapter is observed; or that a modification meets or exceeds
standards meeting the purpose or intent of the ordinance in question.
The above shall not withstand all standard post approval requirements
instituted by the local subdivision and land development ordinance,
namely the required posting of financial security for streets, public
improvements, and certain private amenities.
A.
The land area of residential components that include the uses authorized
in the residential community PRD standards shall be so designated
on the plan and subject to and limited to the standards authorized
in the residential community PRD, including open space requirements.
B.
The commercial component shall be designated on the plan and subject to the specific standards of this section, the provisions of § 300-603 not withstanding for the residential components.
C.
The maximum building height shall be 65 feet.
D.
All uses expressly authorized as permitted or conditional in the
underlying zoning district shall be authorized as such in the underlying
district. Additionally, mixed-use buildings are authorized.
E.
Principal structures shall provide a front yard setback of at least
50 feet.
F.
Unless connected by party walls, structures shall provide for side
and rear yard setbacks of at least 50 feet with one additional foot
of setback for each foot in height above two stories. Where multiple
principal structures exist on one lot, this setback shall be enforced
between principal structures as well.
G.
Thirty percent of the land area in the commercial portion shall be
dedicated as common open space. Five percent of the open space required
shall be provided in a central area faced by more than one principal
structure and fronting a street. Said space shall be 5% or less in
grade and shall provide for pedestrian usage.
H.
Principal commercial structures shall be set back at least 50 feet
from residentially designated sections of the development.
I.
Landscaping shall be provided around the perimeter of all parking
lots at a rate of one high-level planting for each 50 linear feet
of perimeter, including access drives. Additionally, landscaping shall
be disbursed around visible portions of the principal structure at
a rate of one high-level planting or one ornamental tree and four
low-level plantings for each 25 linear feet of the structure's
perimeter.
J.
The residential component of the development, those uses solely authorized
in the residential community PRD, shall comprise at least 20% of the
square footage of all uses within the PRD and no more than 60% of
the total square footage.
K.
The proportion of retail, office, and manufacturing/warehouse shall
be submitted as proposed and shall be authorized given the proportion
of uses reasonably related to the similar proportion in the Planning
Area at large, determined by the most recent Economic Census and subsequent
permit data. Employment within or regular utilization of ancillary
establishment intended primarily for use by residents of the PRD shall
also serve as a finding of fact or justification for approved use
proportions.
L.
All final phases approved shall contain the proportions of commercial
development type commensurate with that approved in the overall or
tentative approval. Same shall also include at least 20% of the land
area as residential or may develop all residential in the first final
phase constructed. In lieu of such provisions, a developer may submit
covenants in favor of the municipality, in a form acceptable to the
municipality, which restrict future development to those uses shown
on the tentative plan.
M.
Applicability of Zoning Ordinance provisions, subdivision and land
development ordinance, and related ordinances. Unless expressly modified
by the standards of this section, all other requirements of this chapter,
the local subdivision and land development ordinance[1], and local street, grading, and other land development
standards shall apply to developments proposed under this section.
Such ordinance standards may be modified only when the developer demonstrates
that literal enforcement will exact undue hardship because of peculiar
conditions pertaining to the land in question, provided that such
modification will not be contrary to the public interest and that
the purpose and intent of the ordinance is observed; or that a modification
meets or exceeds standards meeting the purpose or intent of the ordinance
in question. The above shall not withstand all standard post approval
requirements instituted by the local subdivision and land development
ordinance, namely the required posting of financial security for streets,
public improvements, and certain private amenities.
A developer may request an advisory conference with the Planning
Commission prior to application submission. The developer shall make
such request from the Zoning Officer on forms provided by the municipality
at least 10 days prior to the regular meeting of the Commission. Said
conference and review shall not constitute acceptance of an application,
whether tentative or final.
At least 30 calendar days prior to the regular meeting of the
Planning Commission, 15 copies of an application for tentative approval
shall be submitted. The application shall be in sufficient detail
for the Planning Commission to determine compliance with the standards
of this article and shall contain, at a minimum, the following information:
A.
A legal description of the total tract proposed for development,
including a statement of present and proposed ownership.
B.
A written statement demonstrating conformance with the Comprehensive
Plan and community development objectives of this chapter.
C.
A written statement detailing the general character of the development
in relation to surrounding uses and the proportion of use types contained
therein. Each use type shall be listed by unit and square footage.
Types shall include those separately authorized as residential or
ancillary commercial in the residential community PRD and as retail,
office, or manufacturing/warehouse in the mixed-use community PRD.
D.
A written statement of the requested modifications to other ordinance
provisions otherwise applicable.
E.
A location map which clearly shows the location and area of the site
proposed for development with relation to all lands, buildings and
structures within 200 feet of its boundaries, the location and distance
to existing streets and highways and the names of landowners of adjacent
properties.
F.
A development plan prepared at a scale no smaller than one inch equals
50 feet showing the following information:
(1)
Existing contours at intervals of five feet; watercourses; floodplains;
wetlands; woodlands; soils; steep slopes, delineating and labeling
25% through 40% slopes and greater than 40% slopes; and other natural
features.
(2)
Proposed lot lines and subdivision plat. The plat shall show
approximate building footprints and anticipated square feet, identify
the type of use anticipated, and proposed setbacks for both residential
and commercial uses.
(3)
Proposed phases of development.
(4)
The location of all existing and proposed buildings, structures
and other improvements, including maximum heights, types of dwelling
units and dwelling unit density.
(5)
The location and size in acres or square feet of all areas to
be conveyed dedicated or reserved as common open space.
(6)
The existing and proposed vehicular circulation system of local
and collector streets, including off-street parking areas, service
areas, loading areas and major points of access from the planned residential
development to public rights-of-way.
(7)
The existing and proposed pedestrian circulation system, including
its interrelationship with the vehicular circulation system and open
space.
(8)
The existing and proposed utility systems, including sanitary
sewers, storm sewers and water, electric, gas and telephone lines.
(9)
Subsurface conditions, including mining and overburden.
(10)
A preliminary landscaping plan indicating the treatment and
materials proposed to be used in common areas, buffer areas, parking,
townhouses, and commercial buildings.
(11)
Location of trails for public use and easements or rights-of-way
dedicating those trails for public use.
G.
A preliminary traffic report which details impact on on-site intersections
and off-site intersections substantially impacted by the PRD.
H.
Application forms prepared by the municipality requiring information
sufficient to review the application, provide findings of fact, and
determine conformance to the provisions of this section.
I.
Review and application fees required by municipal ordinance or resolution.
J.
Preliminary elevations and architectural renderings of typical structures.
K.
Preliminary reports demonstrating the general basis or nexus of general
site design to grading, erosion, stormwater, and street construction
ordinance standards.
L.
In the case of development plans that call for development over a
period of years, a schedule for phasing the development shall be provided.
This phasing schedule shall be reviewed annually with the Planning
Commission on the anniversary of tentative approval or as each phase
is completed, whichever occurs first.
A.
The Zoning Officer shall review an application for tentative approval
within one week of delivery and shall notify the applicant of any
deficiencies of certify the applicant as complete. Submissions of
deficient items shall be reviewed in the same manner. The Zoning Officer
shall, when all application materials are submitted, certify the application
as complete. The date on which completion is certified shall constitute
the official filing date.
B.
The Planning Commission shall review the application at the next
regular meeting scheduled 21 days or later from the official filing
date.
C.
The governing body shall hold a public hearing on the matter pursuant
to public notice within 60 days of the official filing date. The governing
body may hold subsequent hearings provided that all hearings are concluded
within 60 days of the initial hearing.
D.
Decision. Within 60 days following the conclusion of the public hearings
or 180 days from the official filing date, whichever is less, the
governing body shall, by official written communication, either grant
tentative approval of the development plan, as submitted; grant tentative
approval of the development plan, subject to specified conditions
not included in the development plan as submitted; or deny tentative
approval. Failure to act within said period shall be deemed to be
a grant of tentative approval of the development plan as submitted.
In the event, however, 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 governing body of his refusal to accept all said conditions,
in which case the governing body shall be deemed to have denied tentative
approval of the development plan. In the event that 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. The decision
will be filed with the secretary of the governing body and the applicant.
The decision shall include an approved schedule of final plan application
filing which shall not be less than three months from the tentative
approval date.
E.
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 given tentative approval as submitted, or which
has been given tentative approval with conditions which have been
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
or applications 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.
F.
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 and in the records of the municipal secretary or
clerk of the municipality.
Tentative approval shall be approved, denied, or approved with
conditions based on the following findings of fact.
A.
In those respects in which the development plan is or is not consistent
with the comprehensive plan for the development of the municipality;
B.
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 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,
provide adequate control over vehicular traffic, and further the 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 of the residents of the
planned residential development in the integrity of the development
plan; and
G.
The mixture of uses and housing choices and commercial establishments
and their ability or inability to meet current and anticipated needs
of present and future residents and patrons.
H.
Adherence to all specific performance standards and requirements
of this article or lack thereof.
Final applications shall include the following.
A.
All final reports demonstrating compliance with local erosion and
sedimentation, grading, and stormwater ordinances in forms required
by the Municipal Engineer and the respective ordinances.
B.
A plan showing existing and proposed contours at intervals of five
feet; watercourses; floodplains; wetlands; woodlands; soils; steep
slopes, delineating and labeling 25% through 40% slopes and greater
than 40% slopes; and other natural features.
D.
Plans showing the platted lines along with building footprints and
number of stories and gross square footage related thereto. Said plans
shall show all easements and designations of residential and commercial
areas. Single-family homes may show a building envelope or area with
a typical square footage or building footprint anticipated.
E.
All covenants required to demonstrate initial and ongoing compliance
with the provisions of this article. Such covenants shall include
but not be limited to the preservation of woodlands, usage of open
space, preservation of natural features, maintenance of buffer areas,
signage and lighting, etc.
F.
Documents establishing a home- or landowners' association and
detailing the maintenance of common open space. Said documents may
include condominium declaration statements and related covenants.
G.
A general plan of signage and lighting, including styles, materials,
and colors utilized.
H.
Street cross-sections and construction drawings demonstrating compliance
with municipal standards or approved modifications.
I.
Further reports including geotechnical reports where required to
demonstrate safe and stable construction of principal dwellings, streets,
access drives, and parking.
J.
A narrative detailing any modifications from tentative approval.
K.
A finalized phase specific traffic study indicating level of service
for all intersections.
L.
Deeds dedicating public land, where required through tentative approval.
M.
Estimates for public improvements and amenities for which bonds are
required by the local subdivision ordinance.
N.
Final landscaping and parking plans including tables demonstrating
compliance with the provisions of this article in terms of number
and percentage provided.
A.
The Zoning Officer shall review an application for final approval
within one week of delivery and shall notify the applicant of any
deficiencies of certify the applicant as complete. Submissions of
deficient items shall be reviewed in the same manner. The Zoning Officer
shall, when all application materials are submitted, certify the application
as complete. The date on which completion is certified shall constitute
the official filing date.
B.
Variation from original plan. In the event that the development plan
submitted contains variations from the development plan granted tentative
approval, the governing body may refuse to grant final approval and
may, within 45 days of the official filing date of the application
for final approval (provided, however, that should the next regular
meeting occur more than 30 days following the official filing date,
the forty-five-day period shall be measured from the 30th day following
the day the application has been filed), advise the applicant, in
writing, of said refusal, setting forth in said notice the reasons
why one or more of the variations are not in the public interest.
In the event of such refusal, the landowner may either refile the
application for final approval without the variations objected; or
file a written request with the local governing body that it hold
a public hearing on the application for final approval. If the landowner
wishes to take either 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. If the landowner
fails to take either of these alternate actions within said time,
he shall be deemed to have abandoned the development plan. Any such
public hearing shall be held pursuant to public notice within 30 days
after request for the hearing is made by the landowner, and the hearing
shall be conducted in the manner described in this article for public
hearings on applications for tentative approval. Within 30 days after
the conclusion of the hearing, the governing body shall by official
written communication 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 an application
for tentative approval set forth in this article. Failure of the governing
body to render a decision on an application for final approval and
communicate it to the applicant within the time and in the manner
required by this section shall be deemed an approval of the application
for final approval, as presented, unless the applicant has agreed
in writing to an extension of time or change in the prescribed manner
of presentation of communication of the decision, in which case, failure
to meet the extended time or change in manner or presentation of communication
shall have like effect.
C.
In the event the application for final approval has been officially
filed, together with all drawings, specifications and other documents
in support thereof, and as required by this article and the official
written communication of tentative approval, the municipality shall,
within 45 days from the date of the regular meeting of the local planning
commission, whichever first reviews the application, next following
the date the application is filed, 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 official filing date.
D.
The developer shall post financial security and shall execute a developer's
agreement as required by the local subdivision ordinance prior to
recording of the final plat. The plat shall be recorded within 90
days of final plan approval. The developer's agreement shall
at a minimum, in addition to that required by the local subdivision
ordinance, cite those provisions of the notice of tentative approval
applicable to the respective phase, include a timeline for development
proposed by the developer but not to exceed five years, reference
construction inspections and responsibilities, reference the installation
of landscaping and private amenities, and address the recordation
of homeowners' association documents and covenants.
E.
The developer shall be afforded the five-year timeline to commence
and complete development as noted in Section 508 of the Municipalities
Planning Code and otherwise applicable to subdivisions and land developments.
Where the developer notifies the governing body that he has abandoned
the plan or the aforesaid timeline cited in Section 508 expires, the
plan shall be deemed abandoned and no further development or permits
for such development shall take place. The governing body shall amend
its ordinance to reclassify the property to a zoning district.
A.
An applicant for permits which do not conform strictly to the approved
plan may request a modification to the plan by providing all reports
and plans required by final approval which are proposed to be modified.
A statement concerning consistency with the comprehensive plan and
community development objectives shall be submitted along with any
required fees and forms provided by the municipality. Upon acceptance,
the application shall be afforded the timelines and process provided
for final PRD approval. The governing body, however, shall hold a
public hearing pursuant to public notice prior to voting on the application.
B.
Modification approval shall be provided in a manner that meets all
requirements and standards of this article.
C.
Findings regarding approval shall consider the following:
(1)
No such modification, removal or release of the provisions of
the development plan by the municipality shall affect the rights of
the residents of the planned residential development to maintain and
enforce those provisions, at law or equity, as provided in this section.
(2)
No modification, removal or release of the provisions of the
development plan by the municipality shall be permitted except upon
a finding by the governing body or the planning agency, 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 planned residential development, does not adversely affect
either the enjoyment of land abutting upon or across the street from
the planned residential development or the public interest, and is
not granted solely to confer a special benefit upon any person.
(3)
No part of the approval shall conflict with private covenants
that run in favor of residents or property owners within the entire
PRD.
