[Ord. 658, 4/9/2015]
The purpose of the planned nonresidential development (PNRD)
regulations of this Part includes:
A.
Encourage developers to assemble large parcels of property in certain
nonresidential zoning districts to create a coordinated and well-conceived
development.
B.
Provide developers with an alternative development approval process
that promotes flexibility in the mixture of land uses, lot design
and building arrangement not afforded in conventional land development.
C.
Permit a more varied innovative and efficient development pattern
without undue delay in the approval process.
D.
Encourage the conservation of sensitive natural resources and open
space.
E.
Promote and encourage ingenuity in the layout and design of coordinated
projects to more effectively improve and enhance sensitive natural
resources and open spaces by allowing flexibility in the site layout
from requirements of the underlying zoning district.
F.
Motivate developer creativity by encouraging greater variety in type,
design and layout of buildings.
G.
Provide a procedure to relate the type, design and layout of residential
development to the characteristics of a particular lot.
[Ord. 658, 4/9/2015]
1.
A PNRD shall be permitted as a conditional use within the specific
zoning districts specified in Table 27-1 (Use Table) of this chapter,
subject to compliance with the provisions of this Part, this chapter
and all applicable Township ordinances.
2.
The provisions of this Part provide a two-step process for the approval
of a PNRD:
A.
Master Plan. A master plan for the PNRD must be approved by the Board
of Supervisors through the conditional use approval process.
B.
Final Plan. After obtaining approval of the PNRD master plan from the Board of Supervisors, final plan approval must be obtained from the Board of Supervisors for each building, lot and/or set of buildings through an approval process that is coordinated with the Subdivision and Land Development Ordinance [Chapter 22].
3.
In addition to the requirements of this Part, applicants must also apply for and obtain any and all permits required by this chapter and any other applicable Township ordinance. Failure to comply with the provisions of this Part with respect to an approved and/or recorded PNRD development plan shall be deemed to constitute a violation of this chapter and the Subdivision and Land Development Ordinance [Chapter 22].
[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 master plan approval under this Part. The sketch plan conference
requires no formal application or fee.
2.
Prior to filing an application for master 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.
Master Plan Application Procedure.
A.
An application for PNRD master plan conditional use approval 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 master plan application shall not be considered administratively complete and properly filed unless or until all items required by § 27-1104, Subsection 2, of this chapter, including the application fee and deposit, have been received by the Township.
B.
The Planning Director shall review the application to determine whether all materials required by § 27-1104, Subsection 2, of this chapter have been submitted by the applicant. If all such materials have not been submitted by the applicant, then the Planning Director shall reject the application as administratively incomplete and shall notify the applicant, in writing, citing the specific deficiencies and the specific requirements of this chapter that have not been met and returning the applicant'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 consultants.
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.
Master Plan Application Content.
A.
The application for PNRD master 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 master plan approval shall contain the following:
(1)
All plans, information, data, reports, studies and other materials required for a major land development preliminary plan application as specified in § 22-204, Subsection 1D, of the Subdivision and Land Development Ordinance [Chapter 22]; provided that the preliminary plat, land development plan and conceptual landscape plan required by § 22-204, Subsection 1D, of the Subdivision and Land Development Ordinance [Chapter 22] shall comprise the PNRD master plan.
(2)
A written narrative setting forth the following:
(a)
The manner in which the application complies with each of the conditional use general standards and criteria of § 27-803 of this chapter;
(e)
The manner in which the application complies with the purpose
of this Part.
(f)
The manner in which the application complies with the PNRD design standards referenced in § 27-1110 of this chapter.
(g)
The proposed use of buildings and other structures.
(h)
The feasibility of public water service and public sewer service.
(i)
The extent to which the proposed development deviates from the
otherwise applicable Township land use, zoning and subdivision and
land development regulations; including, but not limited to, proposed
development deviations from the Environmental Performance Standards
of Part 4B of this chapter and the reasons therefor.
(j)
The major features of the PNRD master plan, which may reference
non-land use information such as estimates of taxes paid to all local
government units, estimates of Township and School District costs
and a benefits analysis.
(k)
The extent of proposed common open space (its purpose, location
and amount) and the provisions for its maintenance, ownership and
control.
(3)
A legal document verifying the applicant's legal interest in
the subject property (e.g., deed, sales agreement, or lease).
(5)
Preliminary architectural and design standards which set forth
the requirements for exterior building materials, windows, general
site design and compatibility with adjacent buildings and developments.
The applicant shall indicate whether such requirements will be included
in covenants running with the land and whether the applicant will
retain design approval control.
(6)
A tentative development schedule which shall indicate:
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 master 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 master plan has outstanding or unaddressed Township comments
and/or concerns, then the applicant 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 master plan application
and associated documents and forward its recommendation to the Board
of Supervisors.
B.
The Planning Commission shall make a recommendation to the Board
of Supervisors for approval, approval with conditions or disapproval
of the master plan application.
5.
Public Hearing. The Board of Supervisors shall hold a public hearing,
pursuant to public notice, on the master plan conditional use 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 application. Public hearings shall be conducted and held
in accordance with the applicable provisions of Article IX of the
MPC.
6.
Master Plan Standards, Criteria and Evaluation Factors.
A.
Standards and Criteria. The proposed PNRD master plan shall comply
with:
(2)
The following express standards and criteria for a PNRD master
plan:
(a)
The proposed master plan complies with the applicable purposes,
standards, conditions and requirements of this Part and preserves
the community development objectives of this chapter.
(b)
Where the proposed master plan is permitted by this Part to depart from the requirements of this chapter and the Subdivision and Land Development Ordinance [Chapter 22], 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, bufferyard and landscaping are reliable and legally
enforceable, and the amount and extent of improvements of such open
space, bufferyards and landscaping are adequate with respect to the
purpose, use and type of development proposed.
(d)
The physical design of the master plan adequately provides for
public services, traffic facilities, off-street parking, light, air,
recreation and visual enjoyment. The master plan organizes vehicular
ingress, egress and parking to minimize traffic congestion in the
surrounding area.
(e)
The total environment of the proposed master plan is harmonious
and consistent with the neighborhood in which it is located. The proposed
master 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.
(f)
The proposed master 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.
B.
Evaluation Factors. In evaluating the conditional use criteria referenced in Subsection 6A, above, the applicant shall demonstrate and the Board of Supervisors shall consider the following additional factors:
(1)
The degree to which the proposed master plan is a cohesive development
plan and is expected to be superior to conventional development in
the subject zoning district.
(2)
The degree to which restrictive covenants are or will be created
for the proposed PNRD master plan and recorded against the subject
property, including but not limited to restrictive covenants related
to:
(a)
Architectural design standards (i.e., materials, colors, quality
of construction, maintenance, etc.).
(b)
Landscaping standards (i.e., design, installation, maintenance
and replacement).
(c)
Signage standards.
(d)
Lighting standards.
(e)
Property maintenance standards.
(f)
Other similar design and maintenance standards.
(3)
The degree to which bufferyards are enhanced over the minimum
required by this chapter for any area of the proposed master plan
that abuts a residential zoning district.
(4)
The degree to which trip generation is mitigated through transportation
management association (TMA) and transportation system management
(TSM) strategies.
(5)
The degree to which sensitive natural resources are protected.
(6)
The degree to which enforceable, rigorous, architectural and
design standards within the PNRD master plan will create a development
which will attract high quality uses and jobs.
(7)
The degree to which public improvements within the PNRD master
plan exceed that of a conventional development.
C.
Encouraged Design Factors. The applicant shall demonstrate and the
Board of Supervisors shall determine the extent to which the following
encouraged design factors are implemented within the proposed PNRD
master plan:
(1)
The use of parking structures to minimize surface parking lots.
(2)
The use of innovative stormwater management techniques, such
as Best Management Practices (BMPs), ground water recharging, green
roofs, and similar techniques.
(3)
The interconnection of pedestrian circulation between lots and
buildings throughout the proposed PNRD master plan.
(4)
The degree to which the proposed PNRD master plan will assist
in attracting similar uses to adjacent properties.
7.
Board of Supervisors Action.
A.
The Board of Supervisors shall render a written decision on the master
plan conditional use application within 45 days of the last hearing.
Where the application is contested or denied, the Board of Supervisors
decision shall be accompanied by findings of fact and conclusions
based thereon, together with any reasons therefor. Conclusions based
on any provisions of this chapter or any other rule, regulation, ordinance
or statute shall contain a reference to the provision relied upon
and the reasons why the conclusion is deemed appropriate in light
of the facts found.
B.
In granting conditional use approval of a master plan pursuant to this chapter, the Board of Supervisors may impose any reasonable conditions it believes are necessary to ensure compliance with this Part, this chapter, the Subdivision and Land Development Ordinance [Chapter 22], the Moon Township Code of Ordinances, the Township Standard Details and any other ordinance or resolution of the Township, and as it otherwise deems necessary to implement the purposes of this Part, this chapter and the MPC.
C.
A copy of the decision on the master plan conditional use application,
or where no decision is called for, of the findings, shall be delivered
to the applicant personally or mailed to him not later than the day
following its date.
D.
All development, construction and use shall be in accordance with the approved master plan conditional use decision, unless an amended master plan conditional use application is submitted and approved as otherwise provided in § 27-1109 of this chapter. The approved master plan shall consist of the application, as submitted, together with all of its attachments and exhibits, as finally approved by the Board of Supervisors, and the master plan conditional use decision. Any development contrary to the approved master plan conditional use decision, or any amended master plan approved pursuant to the terms of this Part, shall constitute a violation of this chapter.
E.
If the Board of Supervisors approves the master 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.
8.
Status of PNRD after Master Plan Approval.
A.
Approval of a master plan shall not qualify a plat of the PNRD for
recording nor authorize development or the issuance of any building
permits.
B.
Approval of a master 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.
9.
Post-Master Plan Approval Options. After a master plan conditional
use application has been approved by the Board of Supervisors, the
applicant may proceed by filing either of the following types of applications:
A.
A final plan application, pursuant to § 27-1105 of this chapter, where the applicant intends to provide the Township with performance security to guarantee proper installation of required improvements in the final plan application; or
B.
An improvement construction plan application, pursuant to § 22-210 of the Subdivision and Land Development Ordinance [Chapter 22], where the applicant 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 master plan approval to the
development plan; and
B.
All conditions imposed by the Board of Supervisors on the master
plan approval have been complied with in a manner acceptable to the
Township.
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An applicant 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].
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2.
Final Plan Application Procedure. An application for PNRD final plan approval shall be filed in accordance with the requirements for a major land development final plan application under the Subdivision and Land Development Ordinance [Chapter 22].
3.
Final Plan Application Content. An application for PNRD final plan approval shall contain all information, plans, data reports, studies, and other materials required for a major land development final plan application as specified in § 22-204, Subsection 1E, of the Subdivision and Land Development Ordinance [Chapter 22], with the following exception. In lieu of the "approved preliminary plat and supporting reports" required by § 22-204, Subsection 1E(1), of the Subdivision and Land Development Ordinance [Chapter 22], the applicant shall file the Township approved PNRD master plan, the PNRD master plan decision, and any supporting reports related thereto requested by the Township.
[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 PNRD in accordance with the time provisions referenced in § 508 of the MPC, 53 P.S. § 10508, and/or a 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 PNRD final plan shall be 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 within a period of two years from the date of the final approval of the development plan. 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]
A Township-approved PNRD master plan shall not be amended or
revised without prior approval from the Board of Supervisors under
one of the following options:
A.
Amendment Through Amended Master Plan.
(1)
General. A developer shall apply for and obtain amended master
plan approval from the Board of Supervisors (which shall be in the
form of an amended conditional use approval) when the amendment or
revision to the Township-approved PNRD master plan involves one of
the following factors:
(a)
The uses proposed in the master plan change in trip generation,
character and impact such that more than 100 new peak hour trips or
1,000 new average daily trips would be generated.
(b)
The total area of the master plan devoted to bufferyards and
landscaping is decreased by more than 5%.
(c)
The quantity of grading shown on the grading plan for the master
plan is increased by more than 5%.
(d)
Any vehicular access point to an existing street is moved or
removed to such an extent that it results in a greater impact to abutting
properties, as determined by the Township Traffic Engineer.
(e)
The lot configuration, lot lines, and/or street right-of-way
lines within the master plan are changed to such an extent that it
results in the street and vehicle circulation system within the master
plan being inadequate to meet the traffic demands generated in the
master plan, as determined by the Township Traffic Engineer.
(2)
Application and Approval Process. The application and approval process for an amended master plan shall be consistent with § 27-1104 of this Part. Any application for amended master plan approval shall include a written statement detailing the specific proposed amendments to the Township-approved master plan.
B.
Amendment Through Final Plan Approval. Where an amendment to a Township-approved master plan does not involve one of the factors identified in § 27-1109, Subsection 1A(1), of this chapter, a developer shall apply for and obtain Board of Supervisors approval of such amendment through the PNRD final plan application and approval process of § 27-1105 of this chapter. The amendment to the Township-approved master plan under this § 27-1109, Subsection 1B, shall only apply to the building, lot and/or set of buildings that are the subject of the proposed PNRD final plan, and any amendment that is outside of this scope must obtain approval through the approval and review process set forth in § 27-1109, Subsection 1A, of this chapter.
[Ord. 658, 4/9/2015]
1.
All improvements within the proposed PNRD 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 PNRDs shall comply with the following requirements:
A.
Preemptive Requirements. Except as provided in this section, the
requirements of this Part shall be in lieu of all density, setback,
height, lot coverage and bufferyard requirements of this chapter.
B.
Permitted Uses. The principal uses permitted on property within a PNRD shall be strictly limited to the permitted uses, conditional uses and special exceptions authorized in the zoning district in which the subject property is located pursuant to Table 27-1 (Use Table) of this chapter, unless otherwise provided in this § 27-1110, Subsection 2B.
(1)
Where a proposed use in the master plan is permitted on the subject property as a conditional use pursuant to Table 27-1 (Use Table) of this chapter, the developer must apply for and obtain conditional use approval from the Board of Supervisors for such proposed use pursuant to the requirements of Part 8 of this chapter. Provided, however, if a proposed use falls under the classification identified in § 27-305 of this chapter for "all other uses not specifically permitted in any zoning district," then the developer shall obtain Board of Supervisors approval of the conditional use for such use prior to the developer filing an application for PNRD master plan approval.
(2)
Where a proposed use in the master plan is permitted on the subject property as a special exception pursuant to Table 27-1 (Use Table) of this chapter, the developer must apply for and obtain special exception approval from the Zoning Hearing Board for such proposed use pursuant to the requirements of Part 9 of this chapter.
(3)
Apartments are permitted within a PNRD subject to compliance
with the following criteria:
(a)
The apartments are not located in a basement or a first floor
of a building.
(b)
The gross floor area devoted to apartments in the PNRD master
plan area does not exceed 25% of the total gross floor area of the
PNRD master plan.
(c)
Adequate protections are provided from the noise, light, vibration,
hours of operation, truck and equipment traffic and surrounding uses
within the PNRD master plan. It is the intent of this subsection that
the apartment uses are clearly secondary to the nonresidential uses
permitted in the zoning district where the subject property is located.
As a result, such apartments should be subject to impacts that would
not be acceptable in residential zoning districts. The Board of Supervisors
may require that notice of this fact be made part of any recorded
covenants for the PNRD master plan.
(d)
Adequate outdoor recreation areas are provided within the PNRD
master plan.
C.
Ownership. The entire site for the proposed development plan shall
be owned or controlled by the developer. To the extent that any property
within the proposed PNRD is not owned by the developer, the owners
of such property shall submit a declaration, in a form acceptable
to the Township Solicitor, requiring all owners of such property to
comply with any PNRD master plan, PNRD master plan conditional use
decision, and related final plan approvals. The Township may require
that this owner declaration be recorded.
D.
Minimum Site. The site of the proposed development shall not be less
than 10 acres.
E.
Minimum Site Frontage. The site of the proposed development shall
have a minimum frontage of 150 feet.
F.
G.
Minimum Yard and Setback Areas. All lot lines along the perimeter
of the PNRD master plan shall be provided with the minimum yard areas
required in the zoning district where the subject property is located.
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.
I.
Maximum Building and Structure Height. The maximum height of a structure shall not exceed 100 feet, unless a lesser height restriction is imposed by the AZO Airport Zone Overlay District requirements of § 27-302 of this chapter.
J.
Building Groupings. Buildings containing 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.
K.
Off-Street Parking. The PNRD master plan shall comply with the off-street parking requirements of Part 6 of this chapter; provided, however, a developer may propose shared parking, a Transportation Management Association (TMA), a Transportation System Management (TSM) or a combination thereof to minimize or reduce parking and vehicle trips.
L.
Tree Preservation. Due to the unique nature of a PNRD, the development
plan shall maintain and preserve the existing trees to the maximum
extent possible, except in areas where buildings, driveways, streets,
parking, sewer and water lines, utility lines, sidewalks and walking
are provided or required.
M.
Bufferyard. The development plan shall comply with the following
bufferyard requirements:
(1)
Bufferyards shall be installed along the boundaries of the PNRD
master plan as follows:
(a)
Boundaries Abutting a Residential Zoning District. A minimum of a Bufferyard 1 (utilizing the Forest Style Planting Conceptual Plan), pursuant to the requirements of § 27-214, Subsection 1C(2)(a), and Appendix 27-D of this chapter, shall be installed and maintained along all boundaries of the PNRD master plan that abut a residential zoning district.
(2)
The vegetation within the required bufferyards shall comply with the requirements of § 27-214, Subsection 1C(1), and Appendix 27-D of this chapter.
(3)
The development plan shall comply with §§ 27-214, Subsections 1C(2)(d), C(3), D, E, F, K. and M, of this chapter.
(4)
In addition to the required bufferyards along boundaries of
the PNRD master plan abutting a residential zoning district, the massing
of the landscaping is encouraged to enhance screening along such boundaries
of the PNRD master plan.
N.
Landscaping. The development shall comply with the landscaping requirements of § 27-215 of this chapter.
O.
Common Open Space.
(1)
General Requirements. Not less than 20% of the total site area
of a master 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 the buildings within the master plan. 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)
Common open space may contain parks, playgrounds, trails and
other passive recreation facilities.
(c)
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.
(d)
Common open space shall be dedicated, preserved and maintained
so as to always remain open and available for use by the occupants
of the development.
(e)
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.
(f)
Common open space land shall be contiguous and usable for its
intended purpose.
(g)
Land preserved for common open space (with the exception of
playgrounds, trails and passive 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 owned under one of the
following options:
(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;
or
(d)
Owned by the owner(s) of lots within the master plan. Such person(s)
shall operate and maintain the dedicated land and facilities for their
originally intended use. Further, such person(s) shall not 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. The developer shall provide for the
perpetual maintenance of the common open space, under one of the following
options:
(b)
The developer shall establish operation and maintenance requirements
common to all lots in the PNRD master plan and provide for easements,
covenants and restrictions which will guarantee perpetual operation
and maintenance of the common open space. Such requirements shall
be contained within a recorded instrument and shall otherwise be in
a form and substance acceptable to the Township Solicitor.
P.
Sidewalks and Pedestrian Trails.
(1)
Sidewalks shall be provided along the street frontage of all lots in the PNRD master plan 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 PNRD master plan to provide access to or through common
open space or common facilities, then such sidewalks and pedestrian
trails shall:
Q.
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.
R.
Vehicular Traffic and Access.
(1)
The site of the proposed development shall have direct 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 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 access from
streets capable of supporting existing traffic and the traffic that
will be generated by the development. The 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)
Where adjacent nonresidential areas are not subdivided and/or
developed, the arrangement of streets in the new development plan
shall make provisions for the proper projection of streets. Where
a new development plan adjoins undeveloped and/or unsubdivided nonresidential
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.
(5)
Where a new nonresidential development plan is adjacent to a
nonresidential 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 nonresidential development
plan shall be extended to or connected to the street location(s) in
the adjacent nonresidential development.
[Ord. 658, 4/9/2015]
1.
As part of a master plan application or an amended master plan application, the Board of Supervisors may approve deviations from the requirements of this Part; provided, however, the permitted use restrictions under § 27-1110, Subsection 2B, of this Part are not subject to waiver under the provisions of this section.
[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 nonresidential
development regulations of this Part and chapter be eliminated in
their entirety.
