A.
It is the purpose of this article to establish zoning regulations
and controls for the use of land and structures, areas of lots, bulk
of buildings, amount of open space land, the provision of off-street
parking, other similar accessory regulations and to provide a tool
for preserving environmentally critical lands, vegetated riparian
buffers, forests and open space, which have ecological or scenic value,
in the Planned Residential Development Districts in accordance with
the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
In order that the purpose of this article be furthered in an era
of increasing urbanization and of growing demands for housing of all
types and design, the following principles form the basis for this
article:
(1)
To provide a means whereby parcels, lands and acreage can be designed
and developed without regard to the normal lot size, building bulk
and setback requirements of the typical zoning districts. However,
in this innovative type of development, minimum requirements are established
to ensure that each living unit has proper light and air, appropriate
access to public ways and open space and is properly connected to
public utilities.
(2)
To encourage innovations in residential development which will provide
housing of greater variety in type, design and site planning, and
incorporating conservation of maximum open space as nonfragmented
as possible, nearby to said dwellings.
(3)
To encourage a more efficient use of land and public services and
to reflect changes in the technology of land development so that economies
secured may benefit the homeowner, the developer and the community.
(4)
To provide a procedure which can relate the type, design and layout
of the residential development to the particular site as well as the
particular demand for housing existing at the time of development.
(5)
To ensure that the increased flexibility of regulations over land
development as authorized herein is carried out under such administrative
standards and procedures as shall encourage the disposition of proposals
for land development without undue delay, the following review powers
are granted to the Planning Commission and the Environmental Advisory
Council, which act as the designated planning agencies of the Township
of Hampton.
C.
Establishment of controls. The regulations set by this article are
minimum regulations (unless otherwise stated) within the planned residential
development districts and shall apply uniformly to each classification
or kind of lot and structure within the districts.
D.
Other articles of the Zoning Ordinance. The planned residential districts
do not necessarily correspond in minimum lot size, building area,
type of dwelling unit, density, lot coverage or required open space
to any other residential district zoning requirements in the Township.
A.
Eligibility.
(1)
For this chapter, a planned residential development (PRD) will only
be permitted as follows for each zone:
|
Zoning District
|
PRD Classification
|
Types of Structures Permitted
|
Required Acreage of Single Tract Proposed for Development
(acres)
|
|---|---|---|---|
|
Residential A (RA)
|
PRD-A
|
15
| |
|
Residential B (RB)
|
PRD-B
|
15
| |
|
Residential C (RC)
|
PRD-M, PRD-I
|
10
| |
|
Residential D (RD)
|
PRD-M, PRD-I
|
10
| |
|
Neighborhood Commercial (NC)
|
PRD-I
|
5
| |
|
Light Industrial (LI)
|
PRD-I
|
5
| |
|
Highway Commercial (HC)
|
PRD-I
|
5
|
(2)
No application of a planned residential development shall be considered,
or approved, unless the following conditions are met:
(a)
The development will be served by public water and sewage disposal
systems, which shall be in place and capable of functioning prior
to the construction of any principal buildings within the PRD or any
stage thereof.
(b)
The proposed development is found to be generally consistent
with the Comprehensive Plan of the Township.
(c)
The tract of land to be developed shall be in single ownership,
i.e., corporation, venture, partnership, limited partnership, etc.
B.
Use regulations. Type of structure(s) permitted within a PRD.
(2)
Commercial and institutional uses, to the extent that they are designed and intended primarily to serve the residents of the PRD (PRD-A, PRD-B, PRD-M and PRD-I). The standards to be used by the Planning Commission and Township Council in ascertaining the granting or withholding of the conditional use should be the same as those set forth for use in Article XII of this chapter.
(3)
Tower-based wireless communications facilities and tower sites ("tower-based WCF"), subject to the standards and criteria set forth in Article XII, Conditional Uses, specifically § 310-78A(37), and in Article X, Supplemental Requirements, specifically § 310-60C, relating to height exceptions; provided, however, that same are not located within any required PRD open space.
C.
Building size standards.
A.
Natural features analysis. A well-designed planned residential development,
integrated with existing social and natural features and making efficient
use of common services, should be an asset to the community. The site
designer and architect, working together, must demonstrate to the
satisfaction of the Township Planning Commission, Environmental Advisory
Council and Township Council that they have considered both the opportunities
provided and the constraints imposed by the existing natural and social
features, both on and off the site of the proposed development, in
determining site layout and design of structures. In order to determine
which specific areas of the total planned residential development
site are best suited for high-density development, which areas are
best suited for lower-density development, and which areas should
be preserved in their natural state or utilized as open space areas,
a thorough analysis of the natural features of the site will be 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, springs, marsh areas, floodplain areas, permanent high-water-table
areas, and seasonal high-water-table areas throughout the site. All
wetland areas must be specifically identified on the plan.
(2)
Geology. Analysis of characteristics of rock formations underlying
the site, including delineation of aquifers (particularly those locally
subject to pollution), shallow bedrock area, and areas in which rock
formations are unstable.
(3)
Soils. Analysis of types of soils present in the site area including
delineation of prime agricultural soil areas, aquifer recharge soil
areas, unstable soils, soils most susceptible to erosion, and soils
suitable for urban development. The analysis of soils will be based
on the Allegheny County Soil Survey (USDA Natural Resources Conservation
Service).
(4)
Topography. Analysis of the site's terrain, including mapping
of elevations and delineation of slope areas greater than 25%, between
15% and 25%.
(5)
Vegetation and wildlife. Analysis of tree and plant cover and wildlife
habitats of the site, emphasizing the location of woodland and meadowland
areas, dominant tree, plant, and animal species should be identified
and the characteristics of each recognized. Additionally, mapping
of all trees over six inches DBH in or near the area of disturbance
shall be shown on the site plans.
B.
The Township Council shall require site planning to be in accord
with the results of such analysis, and may require modifications where
site planning has been insufficiently attentive thereto.
[Amended 5-24-2017 by Ord. No. 796]
A.
The density for a PRD shall be calculated by multiplying the number
of units permitted (using the values identified in Table B[1]) by the developable acreage of the property. The developable
acreage shall be determined by subtracting the following from the
total acreage of the property:
(1)
The acreage used for proposed road rights-of-way, stormwater detention
facilities, floodplains, wetlands, slopes over 25% and floodways.
(2)
The indicated percentages of these environmentally sensitive areas:
|
Type of Land
|
Percent
| |
|---|---|---|
|
Slopes of 15% to 25%
|
50%
|
[1]
Editor's Note: Table B is included as an attachment to
this chapter.
B.
Development tracts with environmentally sensitive areas are subject
to the following limitations:
|
Type of Land
|
Limitations
| |
|---|---|---|
|
Floodway area
|
No units permitted
| |
|
Floodplain area
|
No units permitted
| |
|
Wetlands
|
No units permitted
| |
|
Slopes over 25%
|
No units permitted - disturbance for utilities, stormwater and
service roads only
| |
|
Slopes of 15% to 25%
|
Units permitted on only 50% of this total area
|
D.
Conservation of trees and natural features.
(1)
The development shall be designed and programmed so as to minimize earthmoving, erosion, tree clearance, and the destruction of natural amenities, especially wetlands. All requirements of § 310-61 of this chapter shall be met.
(2)
No portions of tree masses or trees with six-inch or greater DBH
shall be removed unless clearly necessary for effectuation of the
proposed development. Developers shall make all reasonable efforts
to harmonize their plans with the preservation of existing trees.
(3)
When effectuation of a proposed planned residential development necessitates
the clearing of trees or portions of tree masses, the developer shall
be guided by the following criteria in selecting trees and ornamentals
for retention or clearing:
(a)
Aesthetic values (autumn coloration, types of flower and fruit,
bark and crown characteristics, amount of dieback present).
(b)
Susceptibility of tree to insect and disease attack and to air
pollution.
(c)
Species longevity.
(d)
Wind firmness and capability of soil to hold trees.
(e)
Wildlife values (e.g., oak, hickory, pine, walnut, and dogwood
have high food value).
(f)
Comfort to surroundings (e.g., hardwoods reduce summer temperatures
to surroundings more effectively than pines or cedars).
(g)
Screening for surrounding community (such as year-round evergreens).
(h)
Protection of buildings (e.g., dead and large limbs hanging
over buildings should be removed).
(i)
The size of a tree at maturity.
(j)
The preservation of areas of unique tree and wildflower stands,
and identified unique trees.
(4)
Developers shall exercise care to protect remaining trees from damage during construction. The following procedures shall be utilized in order to protect remaining trees: (See also § 310-61F.)
(a)
Where existing ground levels are raised, drainage tiles shall
be placed vertically at old soil level and tops brought up to the
surface of the ground and filled with coarse, crushed stone or gravel.
The tiles should be placed to the perimeter of the drip line of the
tree at a maximum of four feet apart.
(b)
Trees within 25 feet of a building, or bordering entrances or
exits to building sites, shall be protected by a temporary barrier
during construction.
(c)
No boards or other material shall be nailed to trees during
construction.
(d)
Heavy equipment operators shall be warned to avoid damaging
existing tree and roots. Roots shall not be cut closer than the tree's
drip line.
(e)
Tree trunks and exposed roots damaged during construction shall
be protected from further damage by being treated immediately with
professional procedures.
(f)
The operation of heavy equipment over root systems of such trees
shall be minimized in order to prevent soil compaction.
(g)
Nondormant trees shall be given a heavy application of fertilizer
to aid in their recovery from possible damage caused by construction
operations.
(h)
Construction debris shall not be disposed of around or near
the bases of such trees, except for matched vegetative matter used
to prevent soil compaction.
E.
Site design.
(1)
Streets.
(b)
The street and walkway systems shall be designed so as to relate
harmoniously with land uses and adjacent streets, and to minimize
through traffic in residential areas. All residential parking and
recreational areas shall be connected by pedestrian walkways. Walkways
that connect residential areas and parking areas shall be of a durable
all-weather surface satisfactory to Township Council.
(c)
A separation of vehicular from pedestrian and bicycle traffic
is encouraged. Where pedestrian walkways are not within a street right-of-way,
a walkway easement of at least 10 feet in width shall be designated.
Where a walkway crosses over open space land, however, the easement
shall not be subtracted from the open space land for purposes of calculating
the area thereof.
(d)
Where dwelling units front on an arterial street, no direct
vehicular access from the lot or tract to the street shall be permitted.
(2)
Stormwater management. All requirements of Chapter 266, Stormwater Management, as amended, shall be adhered to.
(4)
Off-street parking. All requirements for off-street parking regulations and standards found in Article XIII of this chapter are to be followed.
(5)
Lighting.
(a)
All common parking areas, steps, ramps, walkways of high pedestrian
use, and directional signs shall be adequately lighted.
(b)
The Township Council may require lighting in other areas for
reasons of public safety.
(c)
All above required lighting, and all external lighting fixtures
appurtenant to a structure, shall be shielded from all residential
properties and from all rights-of-way so as to eliminate light glare
beyond an angle of 35° from a vertical plane. No such lighting
shall exceed 20 feet in height.
(6)
Landscaping and buffers.
(a)
All common parking areas shall be landscaped with trees and
shrubs of varying species which grow well in this area. At least one
shade tree of minimum 1 1/2 inch caliper and measuring six feet
in height shall be provided within the interior of each parking area
for every five parking spaces.
(b)
Shade trees of varying species, which grow well in this area,
may be planted along all streets between 10 feet to 15 feet outside
of the street right-of-way, at the developer's option. If planted,
at least one tree of minimum 1 1/2 inch DBH and measuring six
feet in height shall be provided on each side of the street for each
25 feet of street length or fraction thereof.
(d)
The amount, density, and types of plantings shall be based upon physiographic features, feasibility of using native species, proximity to adjacent uses, and natural views. If the PRD consists of multifamily units or single-family detached dwellings, buffer yards shall be created along the side and rear property lines as per § 310-59E, even if the PRD adjoins a residential zoning district. Refer to table in § 310-59E to determine the required buffer yard. In areas where the physiographic features and/or existing vegetation provide an attractive setting, the planting strip may be left in its natural state or enhanced with additional plant material of lesser density than a full screen, as long as the end result is screening at least as dense as that in the required buffer yard.
(e)
No planting shall be placed with its center closer than five
feet from a property line of the tract.
(f)
All required plantings shall be permanently maintained and,
if necessary to maintain an effective screen, replaced by the property
owner in the event they become diseased or dead.
(g)
Planting species shall be mixed; generally, a minimum of 25%
shall be evergreen and 10% flowering material, except in the case
of buffer yards.
(i)
Disturbed topsoil shall be stockpiled, protected from erosion,
and replaced after construction.
(j)
Planting and protection of landscape material shall be in accordance
with a plan and schedule prepared by a registered landscape architect,
and shall be completed within six months of initial occupancy of each
stage of development. Maintenance specifications for all plant materials
shall be submitted with the final plan.
F.
Facilities other than dwellings located in a PRD. Any parcel on which such facilities are located shall be bounded by a buffer strip on all property lines abutting, or directly across a street from residential uses. Such buffer strips shall follow the buffer yard requirements identified in § 310-59E, but must also provide an adequate and attractive vegetative screen on its front street side.
(1)
Supplemental facilities for commercial services to serve the residents
of the planned residential development and for recreational purposes
may be provided within a planned residential development, based upon
the following requirements:
(a)
Recreational facilities may be located within required open space areas; provided, however, no buildings shall be constructed within a floodway, wetlands, or floodplain area or within an area having a slope greater than 25%. Ownership and maintenance shall be in accordance with § 310-47B and E hereof.
(b)
No convenience stores may be provided unless a market analysis
has been completed indicating that such facility will be supported
by the planned residential development. A maximum of 20 square feet
of gross leasable floor space may be provided for each dwelling unit.
The total of such floor space may be increased by an additional 15
square feet for each dwelling unit in excess of 200 units within the
planned residential development.
(2)
All convenience stores shall comply with the following standards:
(a)
Locations shall be such as not to interfere with the adjacent
residential uses. Architectural compatibility with residential structures
to be erected within the planned residential development shall be
maximized.
(b)
Freestanding signs are prohibited. All permitted signs, including
lighted signs, shall be attached to an exterior wall (not roof) of
the structure, and may be mounted either flush thereto or at right
angles thereto.
(c)
Refuse stations must be designed and screened, be in locations
convenient for collection and removal, and not be offensive or visible
to the occupants of adjacent residential uses.
(d)
Buildings designed or intended to be used, in part or in whole,
for commercial purposes shall not be used or occupied as such prior
to the completion of at least 50% of the dwelling units proposed in
the plan.
A.
Amount.
(1)
The minimum percentage of land that shall be designated as permanent
open space, not to be further subdivided, and protected through a
conservation easement, shall be as specified below:
(b)
At least 25% of the required open space must be located on buildable
land which is suitable for active recreation, but only half of this
portion may actually be utilized for active recreation that requires
structures and/or permanent facilities. The rest is to be left natural
for passive recreation and wildlife habitat.
(c)
There is no minimum percentage of amount of land required for
common ground. Overflow parking areas, landscaped areas around buildings
or along streets, etc., will depend upon the developer's site
plan as to whether there are any elements which will need common ownership
within the development.
(2)
All common ground and/or open space, both natural and active recreational,
and any lot capable of further subdivision shall be restricted from
further subdivision through a permanent conservation easement, in
a form acceptable to the Township and duly recorded in the County
Register of Deeds Office.
(3)
All land designated as common ground and/or open space shall remain
in perpetuity and shall be limited to the uses as specified under
the definitions of common ground and of natural area open space and
recreational area open space in this chapter. This common ground and/or
open space shall be designated parcels of land with this restriction
clearly stated on the deeds and in any homeowner's association
agreement or Township or conservation organization agreements. There
shall be no other uses allowed on common ground and/or open space
lands.
B.
Ownership. Any of the following methods may be used, either individually
or together, to preserve, own, and maintain open space and/or common
ground: transfer of fee simple title or easements to a private conservation
organization; fee simple dedication; dedication of easements; and
condominium or homeowners' association. The Township shall have
the right of first refusal of accepting the open space, but the Township
is not obligated to accept the open space. Such land shall not be
eligible for transfer to another party except for transfer to another
method of ownership permitted under this section, and then only where
there is no change in the open space ratio of the overall development.
The following specific requirements are associated with each various
method:
(1)
Homeowners' association. The common ground and any developed active recreational areas which are only for the benefit of the PRD residents must be held in common ownership by homeowners' association. Other open space may be held in common in this way, provided that a legal conservation easement is established with either the Township or a nonprofit conservation organization, as defined in Subsection B(4). In addition to this, a public land dedication, not exceeding 10% of the total parcel size, may be required by the Township, extending through the open space, to facilitate trail connections. This method shall be subject to all of the provisions for homeowners' associations set forth in Subsection C, below, and the homeowners' association agreement shall be a legal document, duly signed and recorded. A copy of this signed and recorded document shall be submitted to the Township to be kept on record with the PRD plan.
(2)
Fee simple dedication. The Township may, but shall not be required
to, accept any portion or portions of the open space, provided: such
land is accessible to the residents of the Township; there is no cost
of acquisition (other than any costs incidental to the transfer of
ownership, such as title insurance); and the Township agrees to and
has access to maintain such lands. Where the Township accepts dedication
of open space that contains improvements, the Township may require
the posting of financial security to ensure structural integrity of
said improvements as well as the functioning of said improvements
for a term not to exceed 18 months from the date of acceptance of
dedication. The amount of financial security shall not exceed 15%
of the actual cost of installation of said improvements.
(3)
Transfer to a private conservation organization. With permission
of the Township, an owner may transfer either the fee simple title,
with appropriate deed restrictions running in favor of the Township,
or restrictive easement to a private nonprofit organization, among
whose purposes is to conserve open space land and/or natural resources,
provided: the organization is acceptable to the Township and is a
bona fide conservation organization with perpetual existence; the
conveyance contains appropriate provision for proper reverter or retransfer
in event that the organization becomes unwilling or unable to continue
carrying out its functions; and a maintenance agreement acceptable
to the Township is reached.
(4)
Dedication of easements.
(a)
Township may, but shall not be required to, accept conservation
easements for public use of any portion or portions of open space
land, title to which is to remain in ownership by condominium or homeowners'
association, provided: such land is accessible to the residents of
the Township; there is no cost of acquisition (other than any costs
incidental to the transfer of ownership, such as title insurance);
and a maintenance agreement acceptable to the Township is reached.
(b)
With the permission of the Township, an owner may transfer conservation
easements to a private, nonprofit, organization, among whose purposes
it is to conserve open space and/or natural resources, provided that:
the organization is acceptable to the Township and is a bona fide
conservation organization with perpetual existence; the conveyance
contains appropriate provision for proper reverter or retransfer in
event that the organization becomes unwilling or unable to continue
carrying out its functions; and a maintenance agreement acceptable
to the Township is reached.
(5)
Condominium. The common ground and/or open space may be controlled
through the use of condominium agreements approved by the Township.
Such agreement shall be in conformance with the Uniform Condominium
Act. All open space land shall be held as "common element."
C.
Specific requirements for homeowners' associations. If a homeowners'
association is formed, it shall be governed according to the following
regulations:
(1)
The developer shall provide to the Township a description of the
organization, including its bylaws and documents governing common
ground and/or open space maintenance and use restrictions.
(2)
The organization shall be established by the developer and shall
be operating (with financial subsidization by the developers, if necessary)
before the sale of any lots within the development.
(3)
Membership in the organization is mandatory for all purchasers of
homes therein and their successors.
(4)
The organization shall be responsible for the maintenance, insurance
and real estate taxes on all common ground and/or open space whose
title is held by the homeowners' association.
(5)
The members of the organization shall share equally the costs of
maintaining natural area open space, and maintaining and developing
common ground and/or active recreation area open space, in accordance
with the procedures established by them.
(6)
In the event of any proposed transfer of common ground and/or open
space land by the homeowners' association within the methods
here permitted, or of the assumption of maintenance of common ground
and/or open space land by the Township as hereinafter provided, notice
of such action shall be given to the Township and all property owners
within the planned residential development by the homeowners'
association no less than 30 days prior to the event.
(7)
The organization shall have or hire adequate staff to administer
common facilities and maintain common ground and/or open space.
(8)
Lease of common ground and/or open space.
(a)
The homeowners' association shall not sell, but may lease
back common ground and/or open space lands to the developer, his heirs
and assigns, or to any other person or corporation qualified to manage
common ground and/or open space lands for operation and maintenance
of these lands, but such a lease agreement shall provide:
[1]
That the residents of the planned residential development shall
have access to the common ground and/or open space lands contained
therein;
[2]
That the common ground and/or open space to be leased shall
be obtained only for the uses and purposes set forth in this chapter;
and
[3]
That the operation of common ground and/or open space facilities
may be for the benefit of residents of a planned residential development
only or may be open to the residents of the Township.
(b)
The lease shall be subject to the approval of the Township,
as shall any transfer or assignment of the lease. Lease agreements
so entered into shall be recorded with the Recorder of Deeds of Allegheny
County within 30 days of their execution and a copy of the recorded
lease shall be filed with the Township.
D.
Additional standards for open space location and layout.
(1)
The open space shall be laid out to the satisfaction of Township
Council, after review by the EAC, in accordance with the best principles
of site design, and shall be consistent with all Township land use
plans.
(a)
Natural area and open space shall be located and designed as
a solid area, or contiguous areas, to preserve the natural features
and to be easily accessible to residents of the planned residential
development, and to the general public if that open space is to be
held for public use. Whenever possible, it should be designed to include
a variety of wildlife habitats and terrain, such as wetlands and stream,
open meadows and woodlands.
(b)
The open space areas must have land which is left in its predevelopment state as a natural area open space. It may also have some active recreation area open space land which may include active recreation areas and/or facilities, provided that § 310-61 of this chapter is observed.
(c)
Natural area open space may include greenways, or likely travel
corridors, linking areas of open space used as food sources, homes,
and breeding.
[Amended 5-24-2017 by Ord. No. 796]
(2)
For purposes of calculation, such areas as parking lots, detention ponds and streets, and buffer yards, unless they fulfill the requirements to qualify as a greenway as described in Subsection D(1)(c), are not considered as open space. In addition, land lying within 15 feet of any residential unit, and/or any area between the residential units and their access road, shall not be considered open space.
(3)
The open space shall be free of all structures, except those related
to outdoor recreational use and required visible permanent monuments
at each point of direction change along all borders.
(4)
An existing permanent retention pond is permissible as open space.
(5)
The existing wooded areas or other natural cover shall be retained
in the open space. If this is not feasible in the area being used
for active recreation, then a suitable landscaping plan which is consistent
with the purposes of this section may be required and approved by
Township Council after review by the EAC.
(6)
The development shall include at least two pedestrian rights-of-way,
connecting the open space to the streets, being clearly marked on
both the plan and the site. These rights-of-way should be at least
10 feet in width and be for pedestrians or nonmotorized vehicles only.
It shall be the responsibility of the developer to install permanent
markers on the site which will clearly identify the pedestrian accesses
for these rights-of-way. When the open space is to be used by the
general public, a small parking area for a minimum of four cars shall
be provided in proximity to at least one of the pedestrian access
points.
(7)
In the event that a planned residential 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 planned residential 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.
(8)
Establishment of ownership of common ground and/or open space. The
applicant must establish and assure the future ownership of the common
ground and/or permanent open space land as well as indicate the provisions
for the burden of maintenance and control of the common ground and/or
open space land. In addition, the Township, at its discretion, may
at any time accept the dedication of land or any interest therein
for public use and maintenance, but the Township need not acquire
it as a condition of the approval of the planned residential development,
nor as a condition of the land being set aside for common ground and/or
open space and dedicated or made available for public use.
E.
Maintenance.
(1)
In the event that the organization established to own and maintain
a common ground and/or open space, or any successor organization,
shall at any time after establishment of the planned residential development
fail to maintain the common ground and/or open space in reasonable
order and condition in accordance with the development plan, the Township
may serve written notice upon such organization or upon the residents
and owners of the planned residential development, setting forth the
manner in which the organization has failed to maintain the common
ground and/or open space in reasonable condition, and said notice
shall include a demand that such deficiencies of maintenance be cured
within 30 days thereof, and shall state the date and place of a hearing
thereon which shall be held within 14 days of this notice. At such
hearing, the Township may modify the terms of the original notice
as to the deficiencies and may give an extension of time within which
they shall be corrected. If the deficiencies set forth in the original
notice or in the modifications thereof shall not be corrected within
said 30 days or any extension thereof, the Township, in order to preserve
the taxable values of the properties within the planned residential
development and to prevent the common ground and/or open space from
becoming a public nuisance, may enter upon said common ground and/or
open space and maintain the same for a period of one year. Said entry
and maintenance shall not constitute a taking of said common ground
and/or open space, and shall not vest in the public any rights to
use the common ground and/or open space except when the same is voluntarily
dedicated to the public by the residents and owners, and such dedication
is acceptable to the Township. Before the expiration of said year,
the Township shall, upon its initiative or upon the request of the
organization therefor responsible for the maintenance of the common
ground and/or open space, call a public hearing, upon notice to such
organization, or to the residents and owners of the planned residential
development, to be held by the Township, at which hearing such organization
or the residents and owners of the planned residential development
shall show cause why such maintenance by the Township shall not, at
the election of the Township, continue for a succeeding year. If the
Township shall determine that such organization is ready and able
to maintain said common ground and/or open space in reasonable conditions,
the Township shall cease to maintain said common ground and/or open
space at the end of said year. If the Township shall determine such
organization is not ready and able to maintain said common ground
and/or open space in a reasonable condition, the Township may, in
its discretion, continue to maintain said common ground and/or open
space during the next succeeding year and subject to a similar hearing
and determination in each year thereafter. The decision of the Township
in any case shall constitute a final administrative decision subject
to judicial review.
(2)
The cost of such maintenance and enforcement proceedings by the Township shall be assessed ratably against the properties within the planned residential development that have a right of enjoyment of the common ground and/or open space and shall become a lien on said properties. Said assessments or charges shall be subordinate in lien to the lien of any prior mortgage or mortgages on the property which is subject to such assessments or charges. The Township, at the time of entering upon such said common ground and/or open space for the purpose of maintenance, shall file a notice of such lien, in the office of the Prothonotary of the County, upon the properties affected by such lien within the planned residential development. The payment of the appropriate real estate taxes on the common ground and/or open space shall be considered to be a part of maintenance and will be subject to the same enforcement proceedings as specified in § 310-51.
A.
Institutional-type developments may be approved as a planned residential
development in all zoning districts of the Township, excluding, however,
RA, RB, CA, CB, and ORD Zoning Districts.
|
Institutional PRD Developments
| ||||
|---|---|---|---|---|
|
Zoning Districts Permitted
|
PRD Classification
|
Types of Developments Permitted
|
Required Acreage of Single Tract Proposed for Development
(acres)
| |
|
Residential C (RC)
|
Senior independent living facility
|
10
| ||
|
Residential D (RD)
|
Senior assisted living facility
|
10
| ||
|
Highway Commercial (HC)
|
PRD-I
|
Nursing care homes
|
5
| |
|
Light Industrial (LI)
|
Personal care homes
|
5
| ||
|
Neighborhood Commercial (NC)
|
Retirement or convalescent homes
|
5
| ||
B.
Developments which would qualify under the term "institutional-type
planned residential development" are the following:
(1)
Senior independent-living facility.
(2)
Senior assisted-living facility. The development referred to in Subsections A and B herein may include medical office-clinic, which provide medical services, outpatient minor surgery, and treatment in support of elderly persons within the integrated living and health-care facility. Such facilities may also provide such services to persons who are not residing within the development. The land area used by a medical office-clinic, including parking, landscaping and buffer yard areas, shall not be used in calculating the density limit for the PRD.
(4)
Personal care home (large).
(5)
Retirement or convalescent homes.
C.
Institutional-type PRD developments referred to in the preceding Subsection B(1) through (5) shall be required to meet all of the requisites and conditions of Article IX, Planned Residential Development Districts, and in addition, shall:
(1)
Consist of no less than five acres of land situate in a single tract,
under a single ownership or entity such as corporation, partnership,
etc. No tract of land or acreage situate across public roads, highways
or streets shall be allowed to be added to the tract, but this provision
shall not include public roads, highways or streets, or private roads
which are created in and for the use of the development itself.
(2)
Conform with the height limitations established in § 310-60B(5).
(3)
Parking requirements for institutional-type PRD developments shall
be required as follows:
(a)
Senior independent living facilities: one space per unit.
(b)
Senior assisted-living facilities shall be governed by § 310-80B(4) of this chapter.
(c)
Medical offices-clinics, provided in conjunction with the institutional PRD development, shall be regulated by § 310-80C(5) of this chapter.
(4)
The term "unit," as used in Article IX of this chapter, and as related to institutional-type PRD developments, shall be defined as that portion of a building or a structure assigned to, leased to, sold to or occupied by one person, one family, related by blood or marriage, or other entity, or a group of persons, but not exceeding three in number for any such space. The term, as applied to a nursing home, shall be one patient bed considered as one unit. The word "unit" shall have the ordinary usage ascribed to it, and shall refer in ordinary terms to that portion of a building intended for use by one person, family or group as opposed to a communal or collective assembly of persons.
A developer may construct a planned residential development
in phases if the following criteria are met:
A.
The application for tentative approval covers the entire planned
residential development and shows the location and approximate time
of construction for each phase, in addition to other information required
by this chapter.
B.
In every phase except the final phase, at least 20% of the dwelling
units approved in the overall plan must be included.
C.
The second and subsequent phases are completed consistent with the
tentative approved plan and are of such size and location, including
a sufficient degree of completion of the road network and other infrastructure,
that they constitute economically sound units of development.
D.
Each phase shall include open space in amounts and at locations deemed
acceptable by Township Council to meet, at minimum, the open space
needs generated by that phase and to assure protection of the sensitive
features of the tract. The open space required shall be designated
in each phase and shall be substantially proportionate to the total
open space required for the entire development.
E.
All construction and site improvements shall be completed in any
phase before permission and building permits are issued for the subsequent
phase.
A.
Introductory. The procedure for the consideration of planned residential
development, together with the site improvements pertaining thereto,
shall be in accordance with the provisions of this section.
(1)
Any landowner, as that term is defined in this chapter and in the Municipalities Planning Code, may make application to the Township for a tentative approval of a planned residential development which meets the eligibility requirements of § 310-44A, and provided that the planned residential development would be consistent with, and in compliance with, the comprehensive plan of the Township and the community development objectives as stated in Article III.
(2)
The application shall be accompanied by the other materials required under the provisions of this chapter, together with the forms required under Subsection E hereof. The applicant shall include such other pertinent information as the Planning Commission and the Environmental Advisory Council shall prescribe. The time frame set forth in Subsections D, F and G shall be adhered to for all approvals of the PRD.
B.
Applicant. The applicant must be the landowner, or, if more than
one owner, all owners of the site must act jointly.
C.
Preapplication conference. Each applicant shall confer with the Planning
Commission and Environmental Advisory Council in connection with the
preparation of the planned residential development application prior
to the submission of such application. The purpose of the preapplication
conference is to benefit the applicant by providing information and
guidance before the applicant shall have entered into binding commitments
or incurred any substantial expenses in the preparation of plans,
surveys and other data.
D.
Application procedure.
(1)
An application for tentative approval of the development plan for
a planned residential development shall be filed by or on behalf of
the landowner.
(2)
The application for tentative approval shall be filed by the landowner
upon forms to be provided by the Township and upon the payment of
a reasonable fee, which fee shall be adopted by resolution from time
to time by the Township Council.
(3)
In no event shall any application for tentative approval be submitted,
nor shall the same be accepted within 10 days of the next regular
meeting of Township Council.
(4)
A modification request shall be required for any aspects in which the proposed PRD departs from zoning requirements for similar developments in other districts and Chapter 280, Subdivision and Land Development, requirements otherwise applicable to the subject lot, including, but not limited to, density, bulk and use. In the event that the application proposes a plan, the approval of which would require a modification from the requirements of this chapter or Chapter 280, Subdivision and Land Development, the applicant shall include in its application a narrative statement of each and every modification request, including a citation to the otherwise applicable ordinance requirement; the nature and extent of the modification(s) requested; and a statement of the reasons why such departures are deemed to be in the public interest. Consistent with the provisions of the Municipalities Planning Code, Section 10701 et seq.,[1] Council may at its sole discretion grant or deny such
modification requests, in whole or in part, as part of any decision
approving the PRD application.
[1]
Editor's Note: See 53 P.S. § 10701 et seq.
E.
Application. The planned residential development application shall
include the following:
(1)
The applicant shall submit to the Township at the time of application
the following:
(a)
The location, size and topography of the site and the nature
of the landowners interest in the land proposed to be developed.
(c)
The density of land use to be allocated to parts of the site
to be developed.
(d)
The location and size of the common ground and/or open space
and the form of organization proposed to own and maintain the common
ground and/or open space.
(e)
The use and the approximate height, bulk and location of buildings
and other structures.
(f)
The feasibility of proposals for the disposition of sanitary
waste and stormwater.
(h)
The official subdivision site plan.
(2)
Overall development plans showing:
(a)
The kind, location, and occupancy capacity of structures, bulk
and uses.
(b)
A general layout plan of the building(s).
(c)
The location and identification of common ground and/or open
spaces, streets and all other means for pedestrian and vehicular circulation,
parks, recreational areas and other nonbuilding sites.
(d)
Provisions for automobile parking and loading.
(e)
A landscape and buffer plan.
(f)
A general location and nature of public and private utilities,
including underground utilities, and other community facilities and
services, including maintenance facilities.
(3)
Written statement of:
(a)
Facts concerning the suitability of the site, the proposed density,
the location and proposed uses and facilities for development as a
planned residential development in accordance with the provisions
of this article.
(b)
Purposes showing proposed provisions to be made for services,
maintenance and continued protection of the planned residential development
and adjoining territory.
(c)
Disposition of common ground and/or open space lands and provisions
for maintenance and control of the common ground and/or open space
land. Financial responsibility for such common ground and/or open
space land must be clearly indicated.
(d)
Common open space. The location and organization proposed to
own and maintain the common ground and/or open space shall likewise
be submitted in the application for tentative approval. Provisions
for parking spaces and all regulations pertaining to the same shall
likewise be submitted at this time.
(f)
Phasing of construction or timing regarding each development
area.
(4)
The application for tentative approval of a planned residential development
shall include a written statement by the landowner setting forth the
reasons why, in his opinion, a planned residential development would
be in the public interest and would be consistent with the Comprehensive
Plan for the development of the municipality.
F.
Public hearings.
(1)
Upon submission of an application, the plan shall be referred to
the Planning Commission and Environmental Advisory Council for review
and recommendation.
(2)
Submission to Township Council.
(a)
The Planning Commission, after review but within the time necessary
to comply with the provisions of the Pennsylvania Municipalities Planning
Code, shall forward the application to the Township Council, together
with written comments pertaining thereto.
(b)
The Environmental Advisory Council, after review of the application,
shall forward written comments to the Township Council. It may also
assign a Tracker to assist in monitoring the project for compliance
with the project's approved development and landscaping plans.
The Tracker, if any, shall report its findings directly to the Zoning
Officer.
(3)
Time frame of public hearing.
(a)
The Township Council shall, within 60 days after the filing
of an application for tentative approval of a PRD, conduct a public
hearing pursuant to public notice on said application.
(b)
The Township Council may continue the hearing from time to time,
and, where applicable, 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.
G.
Findings.
(1)
The Township Council, within 60 days following the conclusion of the public hearing provided for in Subsection F, or within 180 days after the date of filing, whichever occurs first, shall, by official written communication to the landowner, either:
(a)
Grant tentative approval of the development plan as submitted;
(b)
Grant tentative approval subject to specified conditions not
included in the development plan as submitted; or
(c)
Deny tentative approval to the development plan. Failure to
so 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 Township Council, notify the Township Council
of his refusal to accept all said conditions, in which case, the Township
Council shall be deemed to have denied tentative approval of the development
plan. In the event the landowner does not, within said period, notify
the Township Council of his refusal to accept all said conditions,
tentative approval of the development plan, with all said conditions,
shall stand as granted.
(2)
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 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:
(a)
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, or natural resource
protection 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 ground and/or
open space in the planned residential development, the reliability
of the proposals for maintenance and conservation of the common ground
and/or open space, and the adequacy of the amount and purpose of the
common ground and/or 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 environmental protection, 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; and
(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 interest of the public and the residents of
the planned residential development during the development of the
plan.
(3)
In the event a development plan is granted tentative approval, with
or without conditions, Township Council may set forth in the official
written communication the time within which an application for final
approval of the development plan shall be filed or, in the case of
a development plan which provides for development over a period of
years, the periods of time within which applications for final approval
of each part thereof shall be filed.
H.
Status of plan after tentative approval.
(1)
The official written communication provided for in this article shall
be certified by the appropriate Township official and shall be filed
in his office, and a certified copy shall be mailed to the landowner.
Where tentative approval has been granted, it shall be deemed an amendment
to the Zoning Map, effective upon final approval, and shall be noted
on the Zoning Map.
(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 given tentative approval as submitted, or which
has been given tentative approval with conditions which have been
accepted by the landowner, shall not be modified or revoked nor otherwise
impaired by action of the Township 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.
(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 Township Council
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 the 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 Township Secretary or Clerk of Council.
I.
Application for final approval.
(1)
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 filed with the Township office not later than 12 months following the grant of tentative approval, unless otherwise specified by the Township Council. The application shall include one reproducible copy and 20 prints of the development plan, including a land development plan and supplemental data, and a certificate of completion of improvements or a guarantee of improvements as required by Chapter 280, Subdivision and Land Development, as amended.
(b)
The supplemental data shall include:
[1]
Any covenants, grants, or easements or other restrictions to
be imposed on the use of the land and its structures.
(c)
No development plan shall be finally approved unless all improvements required by this article have been installed in strict conformance with this article, or the installation of the improvements by the developer has been guaranteed in the form of a bond or financial security which is acceptable to the Township Council and is in an amount sufficient to cover the cost of the improvements which may be required in accordance with Chapter 280, Subdivision and Land Development, as amended. Such guarantee shall provide for, and secure to, the public, completion of all identified improvements for the plan within a period of two years from the date of the final approval of the development plan. The identified improvements shall include buffer yards, street trees (if provided), screening, and permanent open space access markers.
(2)
Final review. The Township shall forward one copy of the application
for approval to the appropriate Township staff members, the Township's
Planning Commission, the Environmental Advisory Council, the Township
Engineer, and the Allegheny County Planning Commission.
(3)
Final approval.
(a)
The Township Council shall issue its decision and communicate
it to the developer no later than 45 days after the application for
final approval was referred by Township Council; 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.
[1]
When an application for a proposed planned residential development
plan has been granted tentative approval, the applicant shall be granted
final approval should the plan submitted be in accordance with the
terms of the grant of tentative approval.
[2]
The Township Council may deny approval of any planned residential
development plan which varies from the plan granted tentative approval.
The Township Council must forward the written notice of denial to
the developer within 45 days, identifying the reasons that the variations
are not in the public interest. In the event of such refusal, the
landowner may either:
[a]
Refile the application for final approval without
the variations objected to; or
[b]
File a written request with the Township to hold
a public hearing on the application for final approval. The hearing
shall be held within 30 days of the request and the hearing shall
be conducted in accordance with the procedure for hearings on an application
for tentative approval. Within 30 days of the conclusion of the hearing,
the Township Council shall issue a written decision either granting
or denying final approval in the form required for tentative approval.
(b)
Either of these actions shall be taken at any time during which
the applicant is entitled to apply for final approval or shall be
taken within 30 days of notice of refusal, if the time for filing
the final application is already passed. In the event that the developer
fails to take either of these actions within the time specified, he
shall be deemed to have abandoned the planned residential development
plan.
(4)
Recording. The developer shall record the approved planned residential
development plan in the office of the Allegheny County Department
of Real Estate within the time required by Section 513 of the Municipalities
Planning Code,[3] or final approval shall expire automatically.
[3]
Editor's Note: See 53 P.S. § 10513.
(5)
Revocation. The approval of the planned residential development plan shall be revoked if the developer gives notice of his intention to abandon the plan, or if the developer fails to commence within one year and complete the required public improvements within two years of the date of such final approval. Then, no further development shall take place on the property included in the development plan unless a new development plan is approved or such development complies with this chapter and Chapter 280, Subdivision and Land Development. Failure to complete any or all of the public improvements shall prevent the developer from applying for tentative or final approval of any additional phases.
(6)
Conversion of existing apartments and multifamily dwellings to condominium
or cooperative concepts.
(a)
Any applicant or person, partnership, corporation or landowner
whatsoever, desiring to convert existing structures which permit multiple-family,
garden apartments, townhouses or any other apartment type of uses
into condominium or cooperative-type concepts shall be required to
submit to the Planning Commission and the Environmental Advisory Council
of the Township of Hampton all plans, declarations, etc., for review
by the Planning Commission and the Environmental Advisory Council
and, then for possible approval by the Township Council of the Township
of Hampton.
(b)
All applicants or persons whatsoever shall follow the procedures
set forth herein for the development of planned residential development
and shall comply with all the requirements of this article and the
standards set forth herein, to the extent feasible. No such conversion
shall be permissible until the same shall have been reviewed by the
Environmental Advisory Council and the Planning Commission and approved
by the Township Council.
In accordance with Section 706 of the Municipalities Planning
Code,[1] to further the mutual interest of the residents of the
planned residential development and the public in the preservation
of the development plan, as finally approved, and to insure that modification,
if any, in the development plan shall not impair the reasonable reliance
of said residents upon the provisions of the development plan, nor
result in change 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:
A.
The provisions of the development plan shall relate to:
(1)
The use, bulk, and location of building and structures;
(2)
The quantity and location of common ground and/or open space, and
protection of specified natural resources, except as otherwise provided
in this article; and
(3)
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.
B.
The development plan shall specify those of its provisions which
shall run in favor of, and be enforceable by, residents of the planned
residential development; however, that no provisions of the development
plan shall be implied to exist in favor of residents of the planned
residential development except as to those portions of the development
plan which have been finally approved and have been recorded.
C.
All those provisions of the development plan authorized to be enforced
by the municipality 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 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 provision 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
of the public interest, and is not granted solely to confer a special
benefit upon any person.
D.
Residents of the planned residential development 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 affect the right
of the Township to enforce the provisions of the development plan
in accordance with the provisions of this section.
[1]
Editor's Note: See 53 P.S. § 10706.
A.
Conservation subdivisions for single-family detached homes, duplexes
and quadraplexes will be a permitted alternative to the conventional
residential subdivision requiring full half- or one-acre lots. Conservation
subdivisions will allow for greater flexibility in design layout and
an opportunity to preserve environmentally sensitive lands and to
create more usable open space in the Township for recreation purposes.
B.
In this type of residential development, the overall site plan and
the quantity and quality of the open space are of prime importance.
Innovative design is the key; therefore, variations in minimum lot
sizes, minimum yard setbacks, or maximum lot coverage requirements
may be submitted to Township Council as a modification request to
Table A[1] requirements with the subdivision application. Requirements
include calculating the maximum density and for the preservation and
protection of the open space. Accessory structures/uses shall meet
the requirements set forth in Table A and other specific requirements
of this chapter.
[1]
Editor's Note: Table A is included at the end of this
chapter.
C.
A minimum of 10 acres is required for a conservation subdivision
and shall be limited to RA and RB Zoning Districts.
A.
Determining density.
(1)
Estimating the permitted density shall be based on the mathematical
formula listed below.
(2)
All land classified as inherently unbuildable (wetlands, one-hundred-year
floodplains, and slopes exceeding 25%) shall be deducted from the
site area. A further 10% shall be deducted from that net area to allow
for land required for new streets, thus producing a new net acreage
area which is rounded up to the next whole acre number. This number
of acres is then divided by the minimum allowable lot area for the
zoning district in which the site is located, as set forth in Table
A of this chapter.[1] On sites not served by public sewerage or a centralized
private sewage treatment facility, soil suitability for individual
septic systems shall be demonstrated.
[1]
Editor's Note: Table A is included at the end of this
chapter.
B.
Density bonus to endow open space maintenance fund. The Township
may allow a density bonus to generate additional income to the applicant
for the express and sole purpose of endowing a permanent fund to offset
continuing open space maintenance costs. Spending from this fund should
be restricted to expenditure of interest, in order that the principal
may be preserved. Assuming an annual average interest rate of 5%,
the amount designated for the endowment fund should be 20 times the
amount estimated to be required on a yearly basis to maintain the
open space. On the assumption that additional dwellings, over and
above the maximum that would ordinarily be permitted on the site,
are net of development costs and represent true profit, 75% of the
selling price of the lots shall be donated to the open space endowment
fund for the preserved lands within the subdivision. Such estimates
shall be prepared by an agency or organization with experience in
open space management acceptable to the Planning Commission and the
Environmental Advisory Council. This fund shall be transferred by
the developer to the designated entity with ownership and maintenance
responsibilities (such as a homeowners' association, a land trust,
or the Township).
C.
Density bonus for public access. Dedication of land for public use,
including trails, active recreation, etc., in addition to the 10%
public land dedication required under other provisions of this chapter,
may be encouraged by the Township Council, who are authorized to offer
a density bonus for this express purpose. The density bonus for open
space that would be in addition to the 10% public land dedication
that may also be required shall be computed on the basis of a maximum
of one dwelling unit per five acres of publicly accessible open space.
The decision whether to accept an applicant's offer to dedicate
open space for public access shall be at the discretion of the Township
Council, who shall be guided by the Environmental Advisory Council
and Planning Commission recommendations contained in the Township's
Open Space, Recreation, and Environmental Resources Plan, particularly
those sections dealing with trail networks and/or recreational facilities.
D.
Minimum percentage of open space.
(1)
In conservation subdivisions, the following restrictions apply to
the environmentally sensitive lands of the site:
(a)
Floodway and flood fringe areas within the one-hundred-year
floodplain. No units permitted.
(b)
Wetlands: no units permitted on wetlands of one acre or more
with a buffer of 50 feet and that such wetlands and buffers be deducted
as unbuildable land.
(c)
Slopes exceeding 25%: no units permitted.
(d)
Land under permanent easement prohibiting future development,
including easements for drainage, access, and utilities: no units
permitted.
(e)
Slopes of 15% to 25%: units permitted on only 50% of the area.
(f)
Riparian buffers, 50 feet per bank: no units permitted.
(2)
The minimum percentage of land that shall be designated as permanent
open space, not to be further subdivided, and protected through a
conservation easement held by the Township or by a recognized land
trust or conservancy, shall be as specified below:
(a)
A minimum of 40% of the total tract area, after deducting the
following kinds of unbuildable land:
[1]
Wetlands.
[2]
All of the floodway and floodway fringe within the one-hundred-year
floodplain.
[3]
Land with slopes exceeding 25%, or soils subject to slumping.
[4]
Land required for street rights-of-way (10% of the net tract
area).
[5]
Land under permanent easement prohibiting future development
(including easements for drainage, access, and utilities).
(b)
The above areas shall generally be designated as "undivided
open space."
[1]
All undivided open space and any lot capable of further subdivision
shall be restricted from further subdivision through a permanent conservation
easement, in a form acceptable to the Township and duly recorded in
the County Register of Deeds Office.
[2]
At least 25% of the minimum required 40% open space shall be
suitable for active recreation purposes, and no more than 50% shall
be utilized for that purpose, in order to preserve a reasonable proportion
of natural areas on the site. The purposes for which open space areas
are proposed shall be documented by the applicant.
E.
Location of open space.
(1)
The location of open space conserved through compact residential
development shall be consistent with the policies contained in the
open space and recreation element of the Township's Comprehensive
and Recreation/Open Space Plan and with recommendations contained
in "Designing Open Space Subdivisions: A Practical Step-by-Step Approach,"
by Randall Arendt, MRTPI, published by Natural Lands Trust, September,
1994.
(2)
Open space shall be comprised of two types of land: primary conservation
areas and secondary conservation areas. All lands within both primary
and secondary conservation areas are required to be protected by a
permanent conservation easement, prohibiting further development,
and setting other standards safeguarding the site's special resources
from negative changes. Primary and secondary conservation areas shall
also be considered as "environmentally critical lands."
(a)
Primary conservation areas. The first category consists of wetlands,
land within the one-hundred-year floodplain, slopes exceeding 25%,
and soils subject to slumping. These environmentally sensitive resources
form the core of the open space that is required to be protected.
(b)
Secondary conservation area:
[1]
In addition to the primary conservation areas, at least 40%
of the remaining land shall be designated and permanently protected.
Full-density credit shall be allowed for land in this category that
would otherwise be buildable under local, state and federal regulations,
so that their development potential is not reduced by this designation.
Such density credit may be applied to other unconstrained parts of
the site.
[2]
Although the location of primary conservation areas are predetermined
by the locations of floodplains, wetlands, steep slopes, and soils
subject to slumping, greater latitude exists in the designation of
secondary conservation areas (except that they shall include a fifty-foot
deep greenway buffer along all banks of water bodies and watercourses,
and a fifty-foot greenway buffer alongside wetland soils).
[3]
The location of Secondary Conservation Areas shall be guided
by the maps and policies contained in the open space and recreation
element of the Township's Comprehensive Plan, and typically include
all or part of the following kinds of resources: mature woodlands,
aquifer recharge areas, areas with highly permeable ("excessively
drained") soil, significant wildlife habitat areas, sites listed on
the Pennsylvania Natural Diversity Inventory, the Allegheny County
Natural Heritage Inventory, the Hampton Township Natural Areas Inventory,
prime farmland, historic, archaeological or cultural features listed
(or eligible to be listed) on national, state or county registers
or inventories, and scenic views into the property from existing public
roads.
[4]
Although the resource lands listed as potential secondary conservation
areas may comprise more than half of the remaining land on a development
parcel (after primary conservation areas have been deducted), no applicant
shall be required to designate more than 50% of that remaining land
as a secondary conservation area.
(c)
General location standards. Subdivisions and planned residential
developments (PRDs) shall be designed around both the primary and
secondary conservation areas, which together constitute the total
required open space. The design process should therefore commence
with the delineation of all potential open space, after which potential
house sites are located. Following that, access road alignments are
identified, with lot lines being drawn in as the final step. This
"fourstep" design process is further described below.
[1]
Both primary and secondary conservation areas shall be placed
in undivided preserves, which may adjoin housing areas that have been
designed more compactly to create larger areas that may be enjoyed
equally by all residents of the development.
[2]
Undivided open space shall be directly accessible to the residents
of the development. To achieve this, the majority of house lots should
abut undivided open space in order to provide direct views and access.
Safe and convenient pedestrian access to the open space from all lots
not adjoining the open space shall be provided (except in the case
of farmland, or other resource areas vulnerable to trampling damage
or human disturbance). Where the undivided open space is designated
as separate, noncontiguous parcels, no parcel shall consist of less
than three acres in area nor have a length-to-width ratio in excess
of 4:1, except such areas that are specifically designed as village
greens, ballfields, upland buffers to wetlands, water bodies or watercourses,
or designed as trail links.
(d)
Interconnected open space network. As these policies are implemented,
the protected open space in each new subdivision will eventually adjoin
each other, ultimately forming an interconnected network of primary
and secondary conservation areas across the Township. To avoid the
issue of the "taking of land without compensation," the only elements
of this network that would necessarily be open to the public are those
lands that have been required to be dedicated for public use, never
more than 10% of a development parcel's gross acreage, and typically
configured in a linear fashion as an element of the Township's
long-range open space network.
F.
Evaluation criteria. In evaluating the layout of lots and open space,
the following criteria will be considered by the Planning Commission
and the Environmental Advisory Council as indicating a design appropriate
to the site's natural, historic, and cultural features, and meeting
the purposes of this chapter. Diversity and originality in lot layout
shall be encouraged to achieve the best possible relationship between
development and conservation areas. Accordingly, the Planning Commission
and the Environmental Advisory Council shall evaluate proposals to
determine whether the proposed conceptual preliminary plan:
(1)
Protects and preserves all floodplains, wetlands, and steep slopes
from clearing, grading, filling, or construction (except as may be
approved by the Township for essential infrastructure, or active or
passive recreation amenities).
(2)
Preserves and maintains mature woodlands, existing fields, pastures,
meadows, or orchards, and creates sufficient buffer areas to minimize
conflicts between residential and agricultural uses.
(3)
If development is located on open fields or pastures, dwellings should
be sited on the least prime agricultural soils, or in locations at
the far edge of a field, as seen from existing public roads. Other
considerations include whether the development will be visually buffered
from existing public roads, such as by a planting screen consisting
of a variety of indigenous native trees, shrubs and wildflowers.
(4)
Maintains or creates an upland buffer of natural native species vegetation
of at least 50 feet in depth adjacent to all eddies and/or banks of
wetlands and surface waters, including creeks, streams, springs, lakes
and ponds.
(5)
Minimizes impacts on woodlands and wooded areas, especially those
containing many mature trees or a significant wildlife habitat, or
those not degraded by invasive vines. However, woodlands in poor condition
with limited management potential can provide suitable locations for
residential development. When any woodland is developed, great care
shall be taken to design all disturbed areas (for buildings, roads,
yards, septic disposal fields, etc.) in locations where there are
no large trees or obvious wildlife areas, to the fullest extent that
is practicable.
(6)
Leaves scenic views and vistas unblocked or uninterrupted, particularly
as seen from public roadways. For example, in open agrarian landscapes,
a deep "no-build, no-plant" buffer is recommended along the public
roadway where those views or vistas are prominent or locally significant.
In wooded areas where the sense of enclosure is a feature that should
be maintained, a deep "no-build, no-cut" buffer should be respected,
to preserve existing vegetation.
(7)
Avoids siting new construction on prominent hilltops or ridges, by
taking advantage of lower topographic features.
(8)
Protects wildlife habitat and biodiversity areas of species listed
as endangered, threatened, or of special concern by the United States
Environmental Protection Agency, by the Pennsylvania Natural Diversity
Inventory, by the Allegheny County Natural Heritage Inventory, or
the Hampton Township Natural Areas Inventory.
(9)
Designs around and preserves sites of historic, archaeological or
cultural value, and their environs, insofar as needed to safeguard
the character of the feature.
(10)
Protects rural roadside character and improves public safety
and vehicular carrying capacity by avoiding development fronting onto
existing public roads. Establishes buffer zones along the scenic corridor
of rural roads.
(11)
Landscapes common areas (such as community greens), cul-de-sac
islands, and both sides of new streets with native species shade trees
and flowering shrubs with high wildlife conservation value.
(12)
Provides active recreational areas, if desired, in suitable
locations offering convenient access by residents, and adequately
screened from nearby house lots.
(13)
Includes a pedestrian circulation system designed to assure
that pedestrians can walk safely and easily on the site, between properties
and activities or special features within the neighborhood open space
system. All roadside footpaths should connect with off-road trails,
which in turn should link with potential open space on adjoining undeveloped
parcels (or with existing open space on adjoining developed parcels,
where applicable).
(14)
Provides open space that is reasonably contiguous. For example,
fragmentation of open space should be minimized so that these resource
areas are not divided into numerous small parcels located in various
parts of the development. To the greatest extent practicable, this
land shall be designed as a single block with logical, straightforward
boundaries. Long thin strips of conservation land shall be avoided,
unless the conservation feature is linear or unless such configuration
is necessary to connect with other streams or trails. The open space
shall generally abut existing or potential open space land on adjacent
parcels, and shall be designed as part of larger contiguous and integrated
greenway systems, as per the policies in the open space and recreation
element of the Township's Comprehensive Plan.
G.
Uses permitted in primary conservation lands.
(1)
Conservation of open land in its natural state.
(2)
Passive recreation such as hiking, nonmotorized biking on an established
trail, bird watching, and picnicking only.
(3)
Buffer yards along tract boundaries.
(4)
Easements for drainage, access, sewer or water lines, or other public
purposes.
(5)
Underground utility and street rights-of-way may traverse conservation
areas if absolutely necessary, but shall not count toward the minimum
required.
H.
Uses permitted in secondary conservation lands.
(5)
Underground utility and street rights-of-way may traverse conservation
areas but shall not count toward the minimum required SLC greenway
land.
(6)
Water supply and sewage disposal systems, and stormwater detention
areas, designed, landscaped, and available for use as an integral
part of the greenway. The acreage of land for these uses will not
be credited toward the minimum open space acreage requirements unless
the land is still appropriate for passive recreational use, such as
a retention pond which always holds water.
(7)
Neighborhood uses such as village greens, commons, picnic areas,
community gardens, trails, and similar low-impact recreation uses,
specifically excluding motorized off-road vehicles or bikes, rifle
ranges, and other uses similar in character and potential impact as
determined by the Township Council.
(8)
Active noncommercial recreation areas, such as playing fields, playgrounds,
swimming pools, courts, and bikeways, provided such areas do not consume
more than half of the minimum required SLC greenway land or five acres,
whichever is less. Playing fields, playgrounds, pools, and courts
shall not be located within 100 feet of abutting properties. Parking
facilities for the same shall also be permitted, and they shall generally
be gravel surfaced, properly drained, unlighted, provide safe ingress
and egress and contain no more than 10 parking places.
A.
Prioritized list of resources to be conserved. The design of open space lands in any conservation subdivision shall reflect the standards set forth in Article IX of this chapter and, to the fullest extent possible, incorporate any of the following resources if they occur on the tract (listed in order of significance):
(2)
Secondary resources.
(a)
Significant natural areas of species listed as endangered, threatened,
or of special concern, such as those listed in the PA Natural Diversity
Inventory and the Allegheny County Natural Heritage sites.
(b)
Steep slopes, especially those which contain slide-prone soils,
and those adjoining watercourses and ponds, where disturbance and
resulting deforestation and soil erosion and sedimentation could be
detrimental to water quality.
(c)
Healthy woodlands, particularly those performing important ecological
functions such as soil stabilization, protection of streams, wetlands,
and wildlife habitats. They also help hold back stormwater flow.
(d)
Large individual trees of botanic significance, groups of trees,
and other special vegetation features.
(e)
Existing trails connecting the tract to other locations in the
Township.
(f)
Visually prominent topographic features such as knolls, hilltops
and ridges, and scenic viewsheds as seen from public roads.
(g)
Areas where precipitation is most likely to recharge local groundwater
resources because of topographic and soil conditions affording high
rates of infiltration and percolation.
(h)
Class I, II and III agricultural soils as defined by the USDA
Natural Resource Conservation Service.
(i)
Historic structures and sites.
B.
Other design considerations. The configuration of proposed greenway
lands set aside for common use in residential subdivisions shall comply
with the following standards:
(1)
They shall be free of all structures except historic buildings, stone
walls, and structures related to greenway uses. The Township Council
may grant approval of structures and improvements required for storm
drainage, sewage treatment and water supply within the open space
provided that such facilities would not be detrimental to the greenway
(and that the acreage of lands required for such uses is not credited
towards minimum open space acreage requirements for the tract, unless
the land they occupy is appropriate for passive recreational use).
(2)
They shall generally not include parcels smaller than three acres,
have a length-to-width ratio of less than 4:1, or be less than 75
feet in width, except for such lands specifically designed as neighborhood
greens, playing fields or trail links.
(3)
They shall be directly accessible to the largest practicable number
of lots within the subdivision. Nonadjoining lots shall be provided
with safe and convenient pedestrian access to open space land.
(4)
A portion shall be suitable for active recreational uses to the extent
deemed necessary by the Township Council, without interfering with
adjacent dwelling units, parking, driveways, and roads.
(5)
They shall be interconnected wherever possible to provide a continuous
network of greenway lands within and adjoining the subdivision.
(6)
They shall provide buffers to adjoining parks, preserves or other
protected lands.
(7)
They shall provide for pedestrian pathways for use by the residents
of the subdivision. Consideration shall be given to providing for
public access on such trails if they are linked to other publicly
accessible pathway systems within the municipality. Provisions should
be made for access to the open space lands, as required for land management
and emergency purposes.
(8)
To the greatest extent possible, they should be undivided by public
or private streets, except where necessary for proper traffic circulation.
(9)
They shall be suitably landscaped either by retaining existing natural
cover and wooded areas and/or according to a landscaping plan to protect
greenway resources.
(10)
They shall be made subject to such agreement with the municipality
and such conservation easements duly recorded in the office of the
County Recorder of Deeds as may be required by Council for the purpose
of preserving the common open space for such uses.
(11)
They shall be consistent with the Township's Comprehensive
Plan and its Open Space Plan.
A.
General. Different ownership and management options apply to the
permanently protected open space created through the development process.
The open space shall remain undivided and may be owned and managed
by a homeowners' association, the Township, or a recognized land
trust or conservancy. A public land dedication, not exceeding 10%
of the total parcel size, may be required by the Township through
this open space, to facilitate trail connections. A narrative describing
ownership, use and maintenance responsibilities shall be submitted
for all common and public improvements, utilities and open spaces.
B.
Ownership standards. See § 310-47A(2) and (3), and § 310-47B and C. These requirements will apply for this conservation subdivision section, as well as to the planned residential developments (PRD).
C.
Maintenance standards. The PRD requirements in § 310-47E(1) and (2) will also apply to these conservation subdivisions.
A.
With the exception of Table B,[1] all the rest of Article IX shall apply, as well as §§ 310-61 and 310-59 (buffer yards). Lot specifications and setbacks in Table A[2] and in § 280-15 of Chapter 280, Subdivision and Land Development (as amended), will not apply; however, all other requirements of Chapter 280, Subdivision and Land Development, and other ordinances of the Township will be required unless specifically changed by this conservation subdivision section.
