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1. Planned residential development is permitted in the following zoning districts subject to the requirements and procedures of this Part.
A. R-1- Residential.
B. R-2 - Residential.
C. AG - Agricultural.
D. VC - Village Center.
2. Permitted uses and accessory uses in planned residential development shall consist of the following:
A. Single-family dwelling.
B. Two-family dwelling.
C. Multi-family dwelling.
D. Recreation areas to serve residents of the development.
E. Customary accessory uses and buildings including: private garages and carports, home gardening, garden houses, tool sheds, private swimming pools and essential services provided by public utilities.
(Ord. 3/9/1993B, § 604)
The density standards of the table below shall be adhered to.
R-1 District | R-2 and VC Districts | AG District
3 | |
Minimum net average land area | 10,000 sq ft | 6,000 sq ft | 8,000 sq ft per dwelling unit |
Maximum land coverage by all | 30% | 60% | 20% development |
Common open space | 25% | 10% | 50% |
3 Planned residential development in the AG district shall not be located on prime agricultural soils (class I and II) and shall conform to § 27-506(5).
(Ord. 3/9/1993B, § 606)
1. A minimum of 25% of the total tract, except in the AG district, shall be set aside as common open space. In the case of the AG district, the open space requirement shall be 50% in order to maintain the open character of the agricultural land and a corresponding open space environment within the PRD.
2. It is the express intent that this requirement for open space be used to protect valuable resources of the Township. Where possible the PRD shall feature preservation of existing natural features. Required open space shall be designed and arranged to achieve at least one of the following objectives, and the applicant shall demonstrate those specific measures employed to achieve these objectives:
A. Protection of important natural resources (e.g., streams, ponds, wetlands, woodlands, unique geologic features, wildlife habitats, aquifer recharge areas, etc.).
B. Protection of important historical and/or archaeological sites.
C. Provision of usable play and recreation areas that are conveniently accessible to residents of the planned residential development and the Township.
D. Integration of green belts that link residences with nearby parks, schools or other similar features.
3. Common open space shall be subject to the following:
A. The Township may at any time accept or refuse to accept the dedication of land or any interest therein for public use and maintenance. The Township need not require, as a condition of the approval of a planned residential development, that land proposed to be set aside for common open space be dedicated or made available to public use.
B. The Township may require that the landowner provide for and establish an organization for the ownership and maintenance of the common open space.
C. The common open space shall not be disposed of, by sale or otherwise, without first offering to dedicate the same to the public.
D. In the event of public dedication, any Township costs including maintenance shall be assessed ratably against the properties within the planned residential development 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 upon the affected properties in the County Office of the Prothonotary.
(Ord. 3/9/1993B, § 607)
1. All improvements for streets, driveways, utilities, landscaping, stormwater management, etc., unless otherwise excepted, shall be designed and constructed in conformance with the standards and requirements of the Subdivision and Land Development Ordinance of the Township [Chapter 22]. All such improvements shall be guaranteed under the provisions of that Chapter 22.
2. All development shall also conform to the sensitive environmental area requirements including the following provisions of Part 4 of the Subdivision and Land Development Ordinance [Chapter 22]:
§ 22-413 "Stream Corridor"
§ 22-414 "Hydrogeology"
§ 22-415 "Severe Soils"
(Ord. 3/9/1993B, § 608)
If water is to be provided by other than individual onsite systems (wells owned and maintained by the individual lot owners), the final plan must include evidence that the subdivision or development will be supplied by one of the following:
A. Certificated public utility.
B. A bonafide cooperative association of lot owners.
C. A municipal corporation, authority or utility.
Acceptable evidence of the above would include a copy of the certificate of public convenience from the Pennsylvania Public Utility Commission (PUC) or an application for such certificate, a cooperative agreement or commitment to serve the area in question, whichever is appropriate.
(Ord. 3/9/1993B, § 609)
A planned residential development may be constructed 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 stage, in addition to other information required.
B. At least 15% of the dwelling units in the tentatively approved plan are included in the first phase.
C. The second and subsequent stages are completed consistent with the tentatively approved plan and in no stage contain less than 15% of the dwelling units receiving tentative approval.
(Ord. 3/9/1993B, § 610)
Enforcement and any modification of the development plan as finally approved shall be subject to the following:
A. The following provisions of the development plan 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:
(1) The use, size and location of buildings and structures. (2) The quantity and location of common open space. (3) The density of residential units.
B. All other provisions of the development plan shall run in favor of the residents of the planned residential development in accordance with the terms of the development plan, whether recorded by plat, covenant, easement or otherwise. The provisions may be enforced at law or equity by said residents acting individually, jointly or through an organization designated in the development plan to act on their behalf. However, no provisions of the development plan shall be implied to exist in favor of residents of the planned residential development unless those portions of the development plan have been finally approved and recorded.
C. Grants or easements relating to the service or equipment of a public utility may not be modified, removed or released by the Township except by written authorization of the utility.
D. All provisions of the development plan authorized to be enforced by the Township under this Section may be modified, removed or released, 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 provisions of the development plan by the Township shall be permitted except upon findings by the governing body following a public hearing pursuant to public notice.
(3) Any modification removal or release of the development plan provisions shall:
(a) Be consistent with the efficient development and preservation of the entire planned residential development.
(b) Not adversely affect either the enjoyment of land abutting upon or across the street from the planned residential development or the public interest:
(c) Not be granted solely to confer a special benefit upon any person.
E. 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.
(Ord. 3/9/1993B, § 611)
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