[Ord. 658, 4/9/2015]
The purpose of the planned residential development (PRD) regulations
of this Part includes:
A.
Encourage innovations in residential development to meet the growing
demand for housing.
B.
Encourage greater variety in type, design and layout of residential
dwellings.
C.
Conserve open space and encourage a more efficient use of land and
public services.
D.
Insure increased flexibility of land development regulations.
E.
Accommodate changes in land development technology.
F.
Provide a procedure to relate the type, design and layout of residential
development to the characteristics of a particular lot.
G.
Encourage the use of sustainable building materials for the protection
of the environment and the preservation of property values.
[Added by Ord. No. 699, 8/2/2023]
H.
Encourage the use of building materials that are durable.
[Added by Ord. No. 699, 8/2/2023]
[Ord. 658, 4/9/2015]
The provisions of this Part are enacted pursuant to Article
VII of the MPC, the procedures and requirements of which are incorporated
herein by reference.
[Ord. 658, 4/9/2015]
1.
A planned residential development shall be permitted within the specific
zoning districts specified in this chapter, subject to compliance
with the provisions of this Part, this chapter and all applicable
Township ordinances.
2.
The provisions of this Part for approval of a planned residential development plan shall be a modification to and in lieu of procedures for approvals otherwise required in this chapter and the Subdivision and Land Development Ordinance [Chapter 22]. In addition to the requirements of this Part, developers must also apply for and obtain any and all permits required by this chapter and any other Township ordinance. Failure to comply with the provisions of this Part with respect to a recorded development plan shall be deemed to constitute a violation of this chapter.
[Ord. 658, 4/9/2015]
1.
A sketch plan conference between a prospective applicant and the
Planning Director should be held prior to the pre-application conference
with the Planning Commission and prior to the filing of any applications
for tentative plan approval under this Part. The sketch plan conference
requires no formal application or fee.
2.
Prior to filing an application for tentative plan approval under this Part, a prospective applicant should appear before the Planning Commission for a pre-application conference to discuss the applicable regulations governing the proposed development and the feasibility and timing of the applications for approval. The pre-application conference requires no formal application or fee. This opportunity is afforded to the prospective applicant to obtain information and guidance from the Planning Commission and Township officials before entering into binding commitments or incurring substantial expenses for plan preparation. See § 22-321 of the Subdivision and Land Development Ordinance [Chapter 22] for the recommended materials to be submitted for a pre-application conference.
[Ord. 658, 4/9/2015]
1.
Tentative Plan Application Procedure.
A.
An application for tentative plan approval of a PRD shall be filed with the Planning Director, on forms prescribed by the Township, at least 14 calendar days prior to the date of the Planning Commission's next regular monthly meeting. The tentative plan application shall not be considered administratively complete and properly filed unless or until all items required by § 27-1005, Subsection 2, of this chapter, including the application fee and deposit, have been received by the filing date.
B.
The Planning Director shall review the application to determine whether all materials required by § 27-1005, Subsection 2, of this chapter and any other relevant Township ordinances have been submitted by the developer. If all such materials have not been submitted by the developer, then the Planning Director shall reject the application as administratively incomplete and shall notify the developer, in writing, citing the specific deficiencies and the specific requirements of this chapter that have not been met and returning the developer's application fee and deposit.
C.
Within five days of receipt of an administratively complete application,
the Planning Director shall submit one copy of the application and
any materials submitted therewith to the following entities and individuals
for review: the Environmental Advisory Council; the MTA (as appropriate);
the MTMA; the county planning agency; the Township Engineer; and any
other appropriate Township personnel or professional consultant.
D.
The Planning Director shall provide one copy of an administratively
complete application and any materials submitted therewith to the
Planning Commission by no later than the Friday prior to the date
of the regular monthly meeting of the Planning Commission.
2.
Tentative Plan Application Content.
A.
The application for tentative plan approval shall be submitted to
the Planning Director, in the form prescribed from time to time by
the Township, with not fewer than:
(1)
Six full scale copies and eight half-scale copies (with a minimum
scale one inch equals 200 feet) of all required plans, maps and drawings.
(2)
Four paper copies of all other reports and materials that are
required as part of the application.
(3)
One electronic version (in a Township-compatible format) of
all plans, maps, drawings, reports and other materials required as
part of the application.
B.
The application for tentative plan approval shall contain the following:
(2)
The location, size, existing topography, proposed topography
and the nature of the PRD proposed to be developed.
(3)
The density of land use to be allocated to parts of the site
to be developed.
(4)
The location and size and kind of improvements proposed for
all common open space and recreation facilities, and the proposed
ownership and maintenance arrangements for the common open space and
recreation facilities.
(5)
The use and the approximate height, bulk and location of buildings
and other structures.
(7)
The location and design of all screening, bufferyards and landscaping
indicating the type, location and height of all plantings.
(8)
The feasibility of proposals for energy conservation and the
effective utilization of renewable energy sources.
(9)
The extent to which the proposed development plan deviates from
the otherwise applicable Township land use, zoning and subdivision
and land development regulations.
(10)
In the case of development plans which call for development
over a period of years, a phasing plan and a schedule showing the
proposed times within which applications for final approval of all
phases of the development plan will be filed. This schedule must be
updated annually, by the anniversary of its previous approval, until
the development is completed and accepted.
(11)
A written statement submitted by the developer which sets forth:
(a)
The reasons why the proposed development plan is in the public interest and is consistent with the purposes and requirements of this chapter, this Part, the Subdivision and Land Development Ordinance [Chapter 22] and the Comprehensive Plan.
(b)
The disposition of common open space lands and the provisions
for their maintenance, ownership and control.
(c)
The purpose, location and amount of common open space within
the development plan, the reliability of the proposal for maintenance
and conservation of such common open space, and the adequacy or inadequacy
of the amount and purpose of such common open space land as related
to the proposed density and type of development.
(12)
Architectural elevations for all proposed building types.
[Added by Ord. No. 699, 8/2/2023]
(13)
Color sketches and renderings depicting the proposed architectural
character of the proposed building types.
[Added by Ord. No. 699, 8/2/2023]
(14)
Building elevations with labeling to indicate all proposed building
materials, windows and doors, roofs, dormers, pilasters, piers, green
building design and other relevant information of the building materials.
[Added by Ord. No. 699, 8/2/2023]
(15)
Architectural material sample board showing the products to
be used on the structures.
[Added by Ord. No. 699, 8/2/2023]
3.
Township Staff Review.
A.
The Planning Director and any other Township personnel or professional consultant, as directed by the Planning Director, shall review the tentative plan application documents to determine if they are in compliance with this Part, this chapter, the Subdivision and Land Development Ordinance [Chapter 22], other applicable Township ordinances, the Comprehensive Plan and the Township planning objectives. The Planning Director shall prepare a written report of his findings and recommendations, which he shall provide to the Board of Supervisors, Township Manager, Township Engineer, Planning Commission and any other appropriate Township personnel or professional consultant. The other Township personnel and professional consultants shall provide comments and recommendations, including written findings, when directed by the Planning Director.
B.
The Township Engineer shall review the application documents to determine compliance with this Part, this chapter, the Subdivision and Land Development Ordinance [Chapter 22], the Stormwater Management Ordinance [Chapter 23], and any other applicable Township ordinances and regulations, the Township Standard Details, and sound engineering practices. The Township Engineer shall prepare a written report of his findings and recommendations, which the Planning Director shall provide to the Board of Supervisors, the Township Manager, the Planning Commission, and any other appropriate Township personnel or professional consultant.
C.
If the tentative plan has outstanding or unaddressed Township comments
and/or concerns, then the developer shall resubmit revised drawings,
supporting reports, documents and other similar material for review
by the Planning Director, Township Engineer and any other Township
personnel or professional consultant, as directed by the Planning
Director.
4.
Planning Commission Review and Recommendation.
A.
The Planning Commission shall review the tentative plan application
and associated documents and forward its recommendation to the Board
of Supervisors.
B.
The Planning Commission shall make a written recommendation to the
Board of Supervisors for approval, approval with conditions or disapproval
of the tentative plan application.
5.
Public Hearing.
A.
The Board of Supervisors shall hold a public hearing, pursuant to
public notice, on the tentative plan application within the time periods
and procedures required by the MPC. The public hearing shall commence
within 60 days of the filing of an administratively complete tentative
plan application. The public hearing may be continued from time to
time, provided, however, that the public hearing or hearings shall
be concluded within 60 days after the date of the first public hearing.
B.
Public hearings shall be conducted in accordance with the requirements
of § 908 of the MPC.
6.
Tentative Plan Approval Criteria. The Board of Supervisors shall
grant tentative approval to a tentative plan if the developer establishes
that each of the following criteria is met:
A.
The tentative plan complies with all applicable purposes, standards,
criteria and conditions of this Part and this chapter, and preserves
the community development objectives of this chapter.
B.
Where the tentative plan departs from this chapter and the Subdivision and Land Development Ordinance [Chapter 22] regulations otherwise applicable to the subject property, such departures are in the public interest and promote the public health, safety and welfare.
C.
The proposals for the maintenance and conservation of any proposed
common open space are reliable, and the amount and extent of improvements
of such open space are adequate with respect to the purpose, use and
type of proposed residential development.
D.
The physical design of the tentative plan adequately provides for
public services, traffic facilities and parking, light, air, recreation
and visual enjoyment. The tentative plan organizes vehicular ingress,
egress and parking to minimize traffic congestion in the surrounding
neighborhood.
E.
The total environment of the tentative plan is harmonious and consistent
with the neighborhood in which it is located. The tentative plan is
sited, oriented and landscaped to produce a harmonious relationship
of buildings and grounds within the development and to the buildings
and grounds of adjacent properties. The tentative plan shall, to the
fullest extent possible, preserve the scenic, aesthetic and historic
features of the landscape.
F.
The tentative plan affords a greater degree of protection of natural watercourses, topsoil, trees and other features of the natural environment, and the prevention of erosion, landslides, siltation and flooding than if the subject property was developed in accordance with the provisions of this chapter and the Subdivision and Land Development Ordinance [Chapter 22] which would otherwise apply.
G.
The tentative plan will be fully served by public utilities, a public
water system, and a public sewer system, without reducing the level
of service to the remainder of the Township.
H.
The tentative plan shall not involve any element or cause any condition
that may be dangerous, injurious, or noxious to any other lot or persons.
I.
In the case of a tentative plan which proposes development over a
period of years, the terms and conditions shall be sufficient to protect
the interests of the public and of the residents of the planned residential
development in the integrity of the development plan.
7.
Board of Supervisors Action.
A.
The Board of Supervisors shall render its decision on the tentative
plan application, in writing by certified mail, within 60 days following
the conclusion of the public hearing provided for in this Part or
within 180 days after the date of the filing of an administratively
complete application, whichever occurs first.
C.
The Board of Supervisors shall not act on a tentative plan application
unless the Township has received written review of the application
by the county planning agency, or unless at least 30 calendar days
have passed since the date of referral to the county planning agency.
D.
The written decision granting or denying tentative plan approval
shall set forth with particularity findings of fact and conclusions
of law related to the following:
(1)
The manner in which the development plan would or would not
be in the public interest.
(2)
The manner in which the development plan is or is not consistent
with the Comprehensive Plan.
(3)
The extent to which the development plan departs from the requirements of this chapter and the Subdivision and Land Development Ordinance [Chapter 22] otherwise applicable to the subject property, including but not limited to density, bulk and use, and the reasons why such departures are not deemed to be in the public interest.
(4)
The purpose, location and amount of the common open space in
the proposed development plan, 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.
(5)
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.
(6)
The relationship, beneficial or adverse, of the proposed development
to the neighborhood in which it is proposed to be established.
(7)
In the case of a tentative 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.
E.
In the event a development plan is granted tentative approval, with
or without conditions, the Board of Supervisors may set forth in the
written decision 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 phase
thereof shall be filed. Except upon the consent of the developer,
the time so established between grant of tentative approval and an
application for final approval shall not be less than three months
and, in the case of developments over a period of years, the time
between applications for final approval of each part of a plan shall
not be less than 12 months.
F.
The developer shall accept or reject the conditions attached to the
tentative plan approval by giving written notice to the Planning Director
within 30 calendar days of the date of the Board of Supervisors decision.
If the developer fails to give written notice to the Planning Director
regarding acceptance or rejection of the conditions attached to preliminary
approval within the required 30 calendar days, then the conditions
shall be deemed accepted by the developer.
G.
If the Board of Supervisors approves the tentative plan application
subject to certain conditions, then the developer shall not file a
final plan application until all such conditions are addressed and
complied with in a manner acceptable to the Township.
H.
Approval of a tentative plan application shall only constitute authorization
to proceed with preparation and filing of a final plan application
once all conditions of approval have been addressed and complied with
in a manner acceptable to the Township.
8.
Status of Plan after Tentative Approval.
A.
Approval of a tentative plan shall not qualify a plat of the planned
residential development for recording nor authorize development or
the issuance of any building permits.
B.
In the event that a development plan is given tentative approval
and thereafter, prior to final approval, the developer elects to abandon
the development plan by written notification to the Township, or in
the event the developer fails to file application(s) for final approval
within the required time period(s), the tentative plan 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 granted
shall be subject to the otherwise applicable Township ordinances.
9.
Post Tentative Plan Application Approval Options. After a tentative
plan application has been approved by the Board of Supervisors, the
developer may proceed by filing either of the following types of applications:
A.
A final plan application, pursuant to § 27-1006 of this chapter, where the developer intends to provide the Township with performance security to guarantee proper installation of required improvements in the plan.
B.
An improvement construction plan application, pursuant to § 22-210 of the Subdivision and Land Development Ordinance [Chapter 22], where the developer desires to construct the improvements required by this chapter and the Subdivision and Land Development Ordinance [Chapter 22] before final plan application approval in lieu of posting performance security with the Township.
[Ord. 658, 4/9/2015]
1.
Prerequisites to Filing Final Plan Application. An application for
final plan approval can be submitted provided that:
A.
The Board of Supervisors has granted tentative plan approval to the
development plan; and
B.
All conditions imposed by the Board of Supervisors on the tentative
plan approval have been complied with in a manner acceptable to the
Township.
|
A developer that files a final plan application without proceeding through the improvement construction plan procedure referenced in § 22-210 of the Subdivision and Land Development Ordinance [Chapter 22] is deemed to have waived the improvement construction plan option and is deemed to have elected to post performance security with the Township for all improvements required by, and in accordance with the requirements of, this Part, this chapter and the Subdivision and Land Development Ordinance [Chapter 22].
|
2.
Final Plan Application Procedure.
A.
An application for final plan approval of a PRD shall be filed with the Planning Director, on forms prescribed by the Township, at least 14 calendar days prior to the date of the Planning Commission's next regular monthly meeting. The final plan application shall not be considered administratively complete and properly filed unless or until all items required by § 27-1006, Subsection 3, of this chapter, including the application fee and deposit, have been received by the filing date.
B.
The Planning Director shall review the application to determine whether all materials required by § 27-1006, Subsection 3, of this chapter and any other relevant Township ordinances have been submitted by the developer. If all such materials have not been submitted by the developer, then the Planning Director shall reject the application as administratively incomplete and shall notify the developer in writing citing the specific deficiencies and the specific requirements of this chapter that have not been met and returning the developer's application fee and deposit.
C.
Within five days of receipt of an administratively complete application,
the Planning Director shall submit one copy of the application and
any materials submitted therewith to the following entities and individuals
for review: the Environmental Advisory Council; the MTA (as appropriate);
the MTMA; the county planning agency; the Township Engineer; and any
other appropriate Township personnel or professional consultant.
D.
The Planning Director shall provide one copy of an administratively
complete application and any materials submitted therewith to the
Planning Commission by no later than the Friday prior to the date
of the regular monthly meeting of the Planning Commission.
3.
Final Plan Application Content.
A.
The application for final plan approval shall be submitted to the
Planning Director, in the form prescribed from time to time by the
Township, with not fewer than:
(1)
Six full scale copies and eight half-scale copies (with a minimum
scale of one inch equals 200 feet) of all required plans, maps and
drawings.
(2)
Four paper copies of all other reports and materials that are
required as part of the application.
(3)
One electronic version (in a Township-compatible format) of
all plans, maps, drawings, reports and other materials required as
part of the application.
B.
The application for final plan approval shall contain the following:
(2)
Accurately dimensioned locations of all proposed buildings,
structures, parking areas, recreation areas and common open spaces.
(3)
The use and number of families to be housed in each structure.
(4)
The landscaping plan, including the location of sidewalks, trails,
bufferyards and screening.
(5)
Provisions for the maintenance, ownership and operation of common
open spaces and common recreation facilities.
4.
Township Staff Review.
A.
The Planning Director and any other Township personnel or professional consultant, as directed by the Planning Director, shall review the final plan application documents to determine if they are in compliance with this Part, this chapter, the Subdivision and Land Development Ordinance [Chapter 22], other applicable Township ordinances, the Comprehensive Plan and the Township planning objectives. The Planning Director shall prepare a written report of his findings and recommendations, which he shall provide to the Board of Supervisors, Township Manager, Township Engineer, Planning Commission and any other appropriate Township personnel or professional consultant. The other Township personnel and professional consultants shall provide comments and recommendations, including written findings, when directed by the Planning Director.
B.
The Township Engineer shall review the application documents to determine compliance with this Part, this chapter, the Subdivision and Land Development Ordinance [Chapter 22], the Stormwater Management Ordinance [Chapter 23], and any other applicable Township ordinances and regulations, the Township Standard Details, and sound engineering practices. The Township Engineer shall prepare a written report of his findings and recommendations, which the Planning Director shall provide to the Board of Supervisors, the Township Manager, the Planning Commission, and any other appropriate Township personnel or professional consultant.
C.
If the final plan has outstanding or unaddressed Township comments
and/or concerns, then the developer shall resubmit revised drawings,
supporting reports, documents and other similar material for review
by the Planning Director, Township Engineer and any other Township
personnel or professional consultant, as directed by the Planning
Director.
5.
Planning Commission Review and Recommendation.
A.
The Planning Commission shall review the final plan application and
associated documents and forward its recommendation to the Board of
Supervisors.
B.
The Planning Commission shall make a written recommendation to the
Board of Supervisors for approval, approval with conditions or disapproval
of the final plan application.
6.
Board of Supervisors Action.
A.
In the event that an administratively complete application for final
plan approval has been filed in accordance with this Part and the
relevant tentative plan approval decision the Board of Supervisors
shall render its decision on the final plan application, in writing
by certified mail, within 45 days following the regular meeting of
the Planning Commission next following the date of filing of an administratively
complete application; provided that should the next said Planning
Commission meeting occur more than 30 days following the filing of
an administratively complete application, said forty-five-day period
shall be measured from the 30th day following the date of filing of
the administratively complete application. The recommendation of the
Planning Commission shall be made a part of the record at the said
Board of Supervisors meeting.
B.
If the development plan as submitted contains variations from the
development plan granted tentative approval, the Board of Supervisors
may refuse to grant final approval. The Board of Supervisors must
forward written notice of such refusal to the developer within 45
days following the regular meeting of the Planning Commission next
following the date of filing of an administratively complete application;
provided, that should the next said Planning Commission meeting occur
more than 30 days following the filing of an administratively complete
application, said forty-five-day period shall be measured from the
30th day following the date of filing of the administratively complete
application. This written notice of refusal shall set forth the reasons
why one or more of the said variations are not in the public interest.
In the event of such refusal, the developer may either:
(1)
Refile the application for final plan approval without the objected
variations; or
(2)
File a written request with the Board of Supervisors to hold
a public hearing on the application for final approval. This public
hearing shall be held within 30 days of the Township's receipt of
the request and the hearing shall be conducted in accordance with
the procedures for hearing on tentative plan applications. Within
30 days after the conclusion of the public hearing, the Board of Supervisors
shall issue a written decision either granting or denying final plan
approval; said decision shall be in the form required for tentative
approval.
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Either of these actions shall be taken at any time during which
the developer is entitled to apply for final approval or shall be
taken within 30 days of receiving the written notice of refusal if
the time for filing the final plan application has already passed.
In the event that the developer has failed to take any of theses actions
within the time specified, he shall be deemed to have abandoned the
development plan.
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[Ord. 658, 4/9/2015]
[Ord. 658, 4/9/2015]
The final approval of a development plan shall be revoked if the developer provides the Township with written notice of his intention to abandon the plan, or if the developer fails to commence and carry out the PRD in accordance with the time provisions referenced in § 508 of the MPC, 53 P.S. § 10508, and/or the final plan approval decision. Upon the occurrence of such a revocation, no further development shall occur on the property that is the subject of the revoked development plan unless a subsequent development plan is approved and such development complies with this chapter and the Subdivision and Land Development Ordinance [Chapter 22].
[Ord. 658, 4/9/2015]
No development plan for a PRD shall be finally approved unless all improvements required by this Part have been installed in strict conformance with this Part and the Subdivision and Land Development Ordinance [Chapter 22], or a guaranty that the improvements will subsequently be installed by the developer in the form of performance security which complies with the requirements of § 22-211 of the Subdivision and Land Development Ordinance [Chapter 22]. Such performance security shall provide for and secure to the public the completion of all improvements for the development plan and/or relevant phase within a period of two years from the date of the final approval of the development plan and/or relevant phase. The developer shall otherwise comply with the requirements of Part 6 of the Subdivision and Land Development Ordinance [Chapter 22].
[Ord. 658, 4/9/2015]
1.
All improvements within the proposed PRD shall be designed and constructed in accordance with the requirements of this Part, this chapter, the Subdivision and Land Development Ordinance [Chapter 22], the Stormwater Management Ordinance [Chapter 23], the Township Standard Details and any other applicable Township ordinance except as provided in this Part. If the provisions of this Part are inconsistent with any other provision of a Township ordinance, then the provisions of this Part shall govern.
2.
All PRDs shall comply with the following requirements:
A.
Permitted Uses. The principal uses permitted on a lot or parcel within
a PRD shall be strictly limited to the following based upon the zoning
district in which the subject property is located:
(2)
R-2 and R-3 Districts.
(a)
Single-family dwelling.
(b)
Two-family dwelling.
(c)
Quadplex.
(d)
Multi-family Dwelling. The number of multi-family dwelling units
shall not exceed 33% of the total number of dwelling units in the
PRD.
(e)
Clubhouse.
(f)
Common open space.
(g)
Essential services.
(h)
Residential recreation facility.
(i)
Parks and playgrounds.
(j)
Accessory use.
(3)
R-4 and R-5 Districts.
(a)
Single-family dwelling.
(b)
Two-family dwelling.
(c)
Quadplex.
(d)
Multi-family Dwelling. There shall be a maximum of four attached
multi-family dwelling units per cluster.
(e)
Ancillary nonresidential use. (See subparagraph (4) below).
(f)
Clubhouse.
(g)
Common open space.
(h)
Essential services.
(i)
Residential recreation facility.
(j)
Parks and playgrounds.
(k)
Accessory use.
(4)
Ancillary nonresidential uses, as defined by this chapter, shall
be permitted in a PRD only if all of the following criteria are met:
(a)
The PRD shall contain a minimum of 100 multi-family dwelling
units.
(b)
Construction of the ancillary nonresidential uses shall not
be permitted until 80% of all proposed dwelling units in the PRD are
constructed and occupied or ready for occupancy.
(c)
The ancillary nonresidential uses shall be designed primarily
to serve the residents of the PRD.
(d)
The ancillary nonresidential uses shall be limited to the basement
or first floor of a residential building containing multi-family dwelling
units or to a single freestanding building on the lot of the PRD.
(e)
The total floor area devoted to the ancillary nonresidential
uses shall not exceed 5% of the total floor area of all buildings
devoted to residential use in the PRD or 10,000 square feet, whichever
is less.
(f)
Any freestanding building proposed to contain ancillary nonresidential
uses shall not be located within 100 feet of any existing or proposed
single-family dwelling within the PRD or outside the boundaries of
the PRD.
(g)
The maximum surface area of any business identification sign
for any ancillary nonresidential use shall not exceed 12 square feet.
Such signs shall not be illuminated.
(h)
Off-street parking for the proposed ancillary nonresidential
uses shall be provided in accordance with the requirements of Part
6 for the uses.
B.
Ownership. The entire site for the proposed development plan shall
be owned or controlled by the developer.
C.
Minimum Site. The site of the proposed development shall not be less
than 10 acres.
D.
Minimum Site Frontage. The site of the proposed development shall
have a minimum frontage of 150 feet.
F.
Lot, Yard and Bulk Requirements. Lots within the development plan
shall comply with the following minimum lot, yard and bulk requirements:
(1)
Lot Sizes and Character. Each lot shall be of such character
so as to avoid danger to health or peril from fire, flood or other
hazard.
(3)
Minimum Yard and Setback Areas.
(a)
PRD Building Setback.
1)
No structure used for dwelling purposes or an ancillary nonresidential
use shall be located less than 50 feet from any boundary of the PRD.
2)
Any structure exceeding 35 feet in height shall be set back
an additional one foot from any boundary of the PRD for each foot
of structure height exceeding 35 feet.
3)
No accessory structure and no off-street parking shall be located
in this required setback area.
(b)
Individual Lots. Lots within the development plan shall have
the following minimum yard areas; provided, however, the relationship
of buildings to each other, the local street system, the utility systems
and the common open space pattern shall be consistent with the purpose
and intent of this Part and chapter.
(5)
Maximum Lot Coverage. The total lot coverage for dwelling purposes
shall not exceed 25% of the total lot area.
(6)
Maximum Building and Structure Height.
(a)
Townhouse: three stories, not to exceed 35 feet.
(b)
Garden apartment: three habitable stories, not to exceed 35
feet.
(c)
High-rise apartment: six habitable stories, not to exceed 70
feet.
(d)
Chimneys, spires towers or similar projections: may exceed the
prescribed height limitations by not more than 25%.
G.
Building Groupings. Structures used for dwelling units shall be oriented
so as to ensure adequate light and air exposures for walls containing
main window exposures or main entrances. Each structure shall be arranged
to avoid undue exposure to concentrated loading or parking facilities.
H.
Architectural Requirements.
[Added by Ord. No. 699, 8/2/2023[1]]
(1)
All building elevations must include brick, cement fiber siding
material, wood or stone building materials that comprises not less
than 75% of the building materials used.
(2)
No concrete block or painted concrete foundation walls with
brick texture shall be visible above the grade. Brick or stone veneer
must be used for foundation walls.
(3)
Each unit shall include a front stoop or porch having roof covering
it. Overhangs on all sides, front, and rear of the roof at six inches
in width.
(4)
Any building with a second floor rear door must have a deck
or balcony.
[1]
Editor's Note: This ordinance also redesignated former
Subsection 2H through O as Subsection 2I through P, respectively
I.
Off-Street Parking. Off-street parking spaces shall be provided in accordance with Part 6 of this chapter.
J.
Tree and Plant Preservation. Due to the unique nature of a PRD, the
development plan shall maintain and preserve the existing trees and
plant cover to the maximum extent possible. Existing trees shall be
maintained, as much as possible, beyond 20 feet of all perimeter building
walls, except in areas where driveways, streets, parking, sewer and
water lines, utility lines, sidewalks and walking trails are required.
K.
Bufferyard. The development plan shall comply with the vegetation preservation and bufferyard requirements of § 27-214 of this chapter.
L.
Landscaping. The development plan shall comply with the landscaping requirements of § 27-215 of this chapter.
M.
Common Open Space.
(1)
General Requirements. Not less than 40% of the total site area
of a PRD development plan shall be set aside for common open space.
Common open space shall be arranged to take maximum advantage of the
natural and physical characteristics of the site, to provide bufferyards
for adjacent parcels and to place common open space within easy access
and view of a majority of the dwelling units. Common open space shall
also be located within the development plan so as to comply with the
following standards:
(a)
Common open space, at a minimum, shall include the undisturbed
sensitive natural resource areas defined by the requirements of Part
4B (Environmental Performance Standards) of this chapter.
(b)
A minimum of 5% of the common open space areas shall be dedicated
to passive recreation areas as agreed upon by the Township and the
developer during the approval process.
(c)
Common open space may contain parks, playgrounds and residential
recreation facilities.
(d)
Common open space shall have a minimum width of 50 feet; provided,
however, this width may be reduced to no less than 30 feet where such
reduced width areas: 1) contain a trail; and 2) connect areas with
a width of at least 50 feet.
(e)
Common open space land shall be located so as to serve all residents
of the development.
(f)
Common open space shall be dedicated, preserved and maintained
so as to always remain open and available for use by the residents
of the development.
(g)
Common open space land shall be accessible from a street within
the development plan or shall adjoin and become part of an existing
open space area that is accessible from a street within the development
plan.
(h)
Common open space land shall be contiguous and usable for its
intended purpose.
(i)
Land preserved for common open space (with the exception of
playgrounds and residential recreation facilities) shall be maintained
in its existing, natural character. The developer shall record restrictive
covenants, in a form acceptable to the Township Solicitor, against
the common open space land which provide that the common open space
shall not be cleared or logged, except upon both the approval of the
Board of Supervisors, or its designee, and strict compliance with
the Township's then-existing standards and requirements for the same.
(2)
Ownership Requirements. The common open space land, including
all improvements related thereto, shall be:
(a)
Dedicated for public use to a public body which agrees to accept,
operate and maintain the dedicated land and facilities for their originally
intended use, but no public body is obligated by this chapter to accept
such dedication; or
(b)
Deeded to an organization representing the property owners of
the development, which organization shall covenant to operate and
maintain the land and facilities for their originally intended use.
Such organization shall not be dissolved nor dispose of the common
open space, by sale or otherwise, unless the maintenance of the common
open space is otherwise guaranteed to the Township's satisfaction;
or
(c)
Deeded to a conservation organization agreeing to operate and
maintain the dedicated land and facilities for their originally intended
use. Such organization shall not be dissolved nor dispose of the common
open space, by sale or otherwise, unless the maintenance of the common
open space is otherwise guaranteed to the Township's satisfaction.
(3)
Maintenance Requirements.
(a)
In the event that the organization established to own and maintain
common open space, or any successor organization, shall at any time
after establishment of the PRD fail to maintain the common open space
in reasonable order and condition in accordance with the development
plan, the Township may serve written notice upon such organization
or upon the residents of the PRD setting forth the manner in which
the organization has failed to maintain the common open space in reasonable
condition, and said notice shall include a demand that such deficiencies
of maintenance be corrected within 30 days thereof, and shall state
the date and place of a hearing thereon which shall be held within
14 days of the notice. At such hearing, the Township may modify the
terms of the original notice as to the deficiencies and may give an
extension of time within which they shall be corrected.
(b)
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 PRD and to prevent the common
open space from becoming a public nuisance, may enter upon said common
open space and maintain the same for a period of one year. Said maintenance
by the Township shall not constitute a taking of said common open
space, nor vest in the public any rights to use the same.
(c)
Before the expiration of said year, the Township shall, upon
its initiative or upon the request of the organization theretofore
responsible for the maintenance of the common open space, call a public
hearing upon notice to such organization, or to the residents of the
PRD, to be held by the Board of Supervisors or its designated agency,
at which hearing such organization or the residents of the PRD shall
show cause why such maintenance by the Township shall not, at the
option of the Township, continue for a succeeding year. If the Board
of Supervisors or its designated agency shall determine that such
organization is not ready and able to maintain said common open space
in a reasonable condition, then the Township may, in its discretion,
continue to maintain said common open space during the next succeeding
year and, subject to a similar hearing and determination, in each
year thereafter.
(d)
The decision of the Board of Supervisors or its designated agency
shall be subject to appeal to court in the same manner and within
the same time limitation as is provided for zoning appeals by the
MPC.
(e)
The cost of such maintenance by the Township shall be assessed
ratably against the properties within the PRD that have a right of
enjoyment of the common open space, and shall become a lien on said
properties. The Township at the time of entering upon said common
open space for the purpose of maintenance shall file a notice of lien
in the Allegheny County Department of Court Records upon the properties
affected by the lien within the PRD.
N.
Sidewalks and Pedestrian Trails.
(1)
Sidewalks shall be provided along the street frontage of all lots in the PRD in accordance with the construction and design requirements of the Subdivision and Land Development Ordinance [Chapter 22]. Sidewalks and trails shall otherwise be provided, constructed and designed in accordance with the Subdivision and Land Development Ordinance [Chapter 22] and the Township Standard Details.
(2)
If, in addition, sidewalks or pedestrian trails are provided
within the PRD to provide access to or through common open space or
common facilities, then such sidewalks and pedestrian trails shall:
O.
Public Water and Sewer Systems. All lots within the development plan
shall be served by and connected to a public water system and a public
sewer system.
P.
Vehicular Traffic and Access.
(1)
The site of the proposed development shall have direct vehicular access to one or more arterial or collector streets, as defined by the Subdivision and Land Development Ordinance [Chapter 22], to assure convenient and safe vehicular access which will not cause undue congestion or hazard on local streets.
(2)
The proposed development shall be served by one or more arterial or collector streets, as defined by the Subdivision and Land Development Ordinance [Chapter 22], constructed and improved in accordance with the standards for public streets set forth in the Subdivision and Land Development Ordinance [Chapter 22].
(3)
The development shall be provided with a means of vehicular
access from streets capable of supporting existing traffic and the
traffic that will be generated by the development. The vehicular access
point(s) shall be designed to provide smooth traffic flow, controlled
turning movements, and minimum hazard to vehicular and pedestrian
traffic. Merging and turnout lanes and traffic dividers shall be provided
where existing or anticipated heavy flows of traffic indicate such
a need.
(4)
Internal streets within the development shall be designed to
discourage use as through streets.
(5)
Where adjacent areas are not subdivided and/or developed, the
arrangement of streets in the new development plan shall make provisions
for the proper extension and connection of streets. Where a new development
plan adjoins undeveloped and/or unsubdivided land susceptible to being
subdivided and/or developed, then the new streets shall be carried
to the boundaries of the tract proposed to be subdivided and/or developed.
(6)
Where a new development plan is adjacent to a development where
streets are carried to or proposed to be carried to any of the boundaries
that abut the parcel to be developed, then the streets within the
new development plan shall be extended to or connected to the street
location(s) in the adjacent development.
[Ord. 658, 4/9/2015]
Prior to final plan approval of the PRD, the Board of Supervisors may approve deviations from the requirements of this Part; provided, however, the permitted use restrictions under § 27-1010, Subsection 2A, of this Part are not subject to waiver under the provisions of this section. Requests for deviations from the requirements of this Part shall be subject to the application and approval procedures, requirements, and standards for waivers under § 22-209 of the Subdivision and Land Development Ordinance [Chapter 22].
[Ord. 658, 4/9/2015]
Enforcement and modification of provisions of a final approved
PRD plan shall be in accordance with Article VII of the MPC, 53 P.S. § 10701
et seq.
[Ord. 658, 4/9/2015]
The provisions of this Part are not severable. In the event
any portion of this Part shall be declared invalid and unenforceable,
it is the intention of the Township that the planned residential development
regulations of this Part and chapter be eliminated in their entirety.
