Buffalo Township Washington County
City Zoning Code
City Zoning Code
ARTICLE V
Planned Residential Development PRD
§ 265-24 Purpose.
A.
Purpose of regulations.
(1)
It is the purpose of these regulations to establish zoning regulations, controls and standards for minimum land areas, the use of land and buildings, amount and kind of open space land, provisions for off-street parking and other similar requirements necessary to regulate Planned Residential Development within the limits of the Township and in accordance with the Pennsylvania Municipalities Planning Code and other laws of the Commonwealth of Pennsylvania.
(2)
These regulations recognize that, while the standard zoning functions (use and bulk) and the standard subdivision functions (platting and design) are appropriate for the regulation of land uses in areas or neighborhoods of the community that are already substantially developed, these controls represent a type of pre-regulation and regulatory rigidity which would frustrate the application of the PRD concept.
(3)
Thus, where PRD techniques are permitted, the normal use and dimensional specifications contained elsewhere in the zoning ordinance and applicable to the respective Residence Districts are herein replaced by an approval process in which the approval plan becomes the basis for continuing land use controls.
(4)
To ensure that the increased flexibility of regulations over land development as authorized herein is carried out under such administrative standards and procedures as shall encourage the disposition of proposals for land development without undue delay, the following review powers are granted to the Planning Commission which acts as the designated planning agency for the Township.
B.
Establishment of controls. The regulations set by this chapter are minimum regulations within the Rural Agricultural and Suburban Residential Districts and shall apply uniformly to each classification or kind of lot and structure within the respective zoning districts.
C.
Other articles of the chapter. Planned Residential Development does not necessarily correspond in minimum lot size, building area, type of dwelling unit, density, lot coverage or required open space, to any other residential district zoning ordinance requirements in the Township.
§ 265-25 Planned Residential Development regulations for Rural Agricultural and Suburban Residential districts.
A.
Use regulations. Within the PRD, land may be used and buildings erected for the following purposes:
(1)
Residential uses of any variety or type. In developing a balanced community the use of a variety of housing types shall be deemed most appropriate in keeping with the intent of this article.
(2)
Accessory commercial, service, and other nonresidential uses may be permitted or required where such uses as scaled primarily to serve the residents of the Planned Residential Development and the surrounding community.
(3)
Customary accessory uses, such as private garages, storage spaces, recreational and community buildings and uses, churches, schools, etc., may be permitted as appropriate to the PRD and may also be permitted if appropriate to the overall development of the Township.
(4)
Determination of nonresidential uses. Because of the primarily residential nature of a PRD, only those commercial uses compatible with reasonably associated residential development shall be permitted. No industrial uses shall be permitted.
B.
Site area. The minimum area for a tract to qualify for a Planned Residential Development within the Rural Agricultural and Suburban Residential Districts shall be 20 contiguous acres of land. Where an applicant can demonstrate that the characteristics of his land will meet the objective of this chapter, the Township may consider projects having less acreage than the minimum but such projects may not be less than 10 contiguous acres in size.
C.
Ownership. The tract of land for a project may be owned, leased or controlled by either a single person, a corporation or a group of individuals or corporations. An application must be filed by the owner or jointly by the owners of all properties included in the project. In the case of multiple ownerships, the approved plan shall be binding upon all owners.
D.
Location of the PRD. The location of the PRD regulated by this section may be any site within the Rural Agricultural and Suburban Residential Districts meeting the minimum acreage requirements of § 265-25B.
E.
Density permitted.
(1)
For the purposes of this chapter, residential uses of any variety or type may be constructed, provided that the overall gross density of 3.4 dwelling units per acre of site area is not exceeded and providing that all requirements of this chapter are met and state-approved sewer facilities are installed.
(2)
Adjustments in overall permitted density may be made by the Township where deemed appropriate and following detailed engineering evaluations relative to surface water runoff control, provisions for sanitary sewer facilities, erosion control procedures, and such other engineering data as the Township may prescribe. Adjustments shall be based upon written recommendations by the Township Engineer, tentative approvals granted by the Department of Conservation and Natural Resources and other related agencies having an interest in the proposed development.
§ 265-26 General requirements for Planned Residential Development.
A.
Dimensional standards.
(1)
The general location of all structures shall be shown on the final approved plan. The location and the arrangement of all structures shall be such that proper light and air are provided. The face-to-face (front-to-front), front-to-rear (rear-to-rear) space between buildings shall be not less than two times the height of the lowest building or 50 feet minimum, whichever is greater.
(2)
Minimum lot sizes, building setbacks, yard lines, lot coverage, and lot width are not specifically regulated by this chapter. However, the relationship of buildings to each other, the local street system, the utility systems and the open space land pattern shall be consistent with the purpose and intent of this chapter.
(3)
A perimeter conservation easement shall be maintained around the perimeter of a PRD having dimensions of 50 feet or two times the height of an adjacent building, whichever is greater.
(4)
Because of the unique nature of the areas of the community, developers must maintain the existing plant cover to the maximum extent possible. Existing trees shall be maintained beyond 20 feet of all perimeter building walls, except in areas where roads, parking areas, sewer lines, water impoundments, foot or bicycle paths, etc. are required.
(5)
The height limitation for all residential buildings shall be 10 stories or 100 feet, whichever is less.
B.
Common open space land. Private common property in the PRD is a parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which are shared by the owners or occupants of the individual dwelling units within the PRD. Where common property exists, satisfactory arrangements must be made for the improvement, operation and maintenance of such common property and facilities, including streets, drives, service and parking areas, utility systems and networks, and recreational and open space land. Common open space land shall be bound permanently to such use in a manner acceptable to the Township.
C.
Public land. The Township may at any time or from time to time accept dedication of common open space land and facilities, including streets, and open space land as the Township deems appropriate, proper and necessary for the general welfare of the Township residents.
D.
Off-street parking requirements:
(1)
One-family dwelling: two spaces, one of which shall be enclosed.
(2)
Townhouse or garden apartment unit: two spaces per unit.
(3)
High-rise apartment unit: 1.5 spaces per unit.
(4)
Offices: one space per 200 square feet of gross building area.
(5)
Commercial uses: one space per 300 square feet of gross building area.
(6)
Other uses: as determined by the Planning Commission, based upon requirements contained elsewhere in this chapter, or as required by good practice.
§ 265-27 Application and approval for Planned Residential Development.
A.
General. Whenever any Planned Residential Development is proposed, before any permit for the erection of the permanent building in such Planned Residential Development is granted, and before any subdivision plan for any part thereof may be filed in the office of the Township, the developer or his authorized agent shall apply to the Township for approval of such Planned Residential Development in accordance with the following procedures:
(1)
Pre-application conference. The applicant shall appear before the Planning Commission and present a written request containing the following:
B.
Application for tentative approval of planned residential development:
(1)
In order to provide an expeditious method for processing a plan for a Planned Residential Development under the terms of this chapter and to avoid the delay and uncertainty which would arise if it were necessary to secure approval by multiplicity of local procedures, of a platted subdivision or resubdivision, as well as approval of a change in the zoning regulations otherwise applicable to the property, Application for Tentative Approval of a Plan for Planned Residential Development shall be filed on behalf of the landowner.
(2)
Following approval of the applicant's request for permission to proceed under the requirements of this chapter, the applicant must submit plans to the Township for review and Tentative Approval within nine months from the date of approval granted under Subsection B(1) above. In order to allow the Township Supervisors, the Planning Commission and the applicant time to reach an understanding on the basic design requirements, the applicant shall submit a preliminary plan for his proposed PRD to the Township Supervisors and the Planning Commission for their review and approval.
(3)
Because of the unique nature of Planned Residential Development when compared with other forms of zoning and land development, the preliminary plan and all subsequent plans shall be prepared by competent consultants having experience in the design of Planned Residential Development. The Township may require the applicant's consultants to submit their credentials and experience for review for conformance with the intent of this article.
(4)
The Application for Tentative Plan Approval shall contain only such information on the application as is reasonably necessary to disclose to the Township the:
(a)
Overall development plan showing:
[1]
The location, size and topography of the site and the nature of the landowner's interest in the land proposed to be developed;
[2]
The density of land use to be allocated to parts of the site to be developed;
[3]
The location and size of the common open space and the form of organization proposed to own and maintain the common space;
[4]
The use and the approximate height, bulk and location of buildings and other structures;
[5]
The feasibility of proposals for the disposition of sanitary waste and stormwater;
[6]
The substance of covenants, grants of easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures, including proposed easements or grants for public utilities;
[7]
The provisions for parking of vehicles and the location and width of proposed streets and public ways;
[8]
The required modifications in the municipal land use regulations otherwise applicable to the subject property;
[9]
The feasibility of proposals for energy conservation and the effective utilization of renewable energy sources; and
[10]
In the case of development plans which call for development over a period of years, a schedule showing the proposed times within which applications for final approval of all sections of the planned residential development are intended to be filed and this schedule must be updated annually, on the anniversary of its approval, until the development is completed and accepted.
C.
Tentative approval. In order to provide an expeditious method for processing a plan for Planned Residential Development, under the terms of an ordinance adopted pursuant to the "Pennsylvania Municipalities Planning Act," as amended, the Township shall review the tentative plan and its related documents and shall inform the applicant of their approval or disapproval of the tentative plan in whole, or in part, in writing within 60 days following the conclusion of the public hearing provided for in this article. The Township's decision shall contain the required information as set forth in the Pennsylvania Municipalities Planning Code, Act 247, as amended, Section 709,[1] and will govern the procedures and limitations for conditional approvals. The Township may refer the tentative plan to other public or quasipublic agencies or any private consultant deemed necessary to provide a sound review of the proposal. Notwithstanding anything to the contrary contained herein, applications and accompanying documents shall be submitted for study and recommendation to the Washington County Planning Commission according to law. In approving a plan, the Township may take into account the following:
(1)
Proposal conformance with the local Comprehensive Plan.
(2)
Proposal conformance with the purpose and intent and objectives of Planned Residential Development as expressed in § 265-24.
(4)
The conceptual soundness of the proposal inasmuch as it meets community needs and conforms to accepted design principles in land use configuration, proposed functional roadway system, proposed functional utilities systems, open space land systems, and the scale of these elements both absolutely and one to another.
(5)
The purpose, location and amount of the common open space land in the Planned Residential Development, the reliability of the proposals for maintenance and conservation of the open space land, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of development.
(6)
In the case of a Planned Residential Development 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 and owners of the Planned Residential Development in the integrity of the plan.
[1]
Editor's Note: See 53 P.S. § 10709.
D.
Status of plan after tentative approval.
(1)
The official written communication provided for in this article shall be certified by the Secretary or Clerk of the governing body and shall be filed in his office, and a certified copy shall be mailed to the landowner. Where tentative approval has been granted, the same shall be noted on the Zoning Map.
(2)
Tentative approval of a development plan shall not qualify a plat of the planned residential development for recording nor authorize development or the issuance of any building permits. A development plan which has been given tentative approval as submitted, or which has been given tentative approval with conditions which have been accepted by the landowner (and provided that the landowner has not defaulted nor violated any of the conditions of the tentative approval), shall not be modified or revoked nor otherwise impaired by action of the municipality pending an application or applications for final approval, without the consent of the landowner, provided an application for final approval is filed or, in the case of development over a period of years, provided applications are filed, within the periods of time specified in the official written communication granting tentative approval.
(3)
In the event that a development plan is given tentative approval and thereafter, but prior to final approval, the landowner shall elect to abandon said development plan and shall so notify the governing body in writing, or in the event the landowner shall fail to file application or applications for final approval within the required period of time or times, as the case may be, the tentative approval shall be deemed to be revoked and all portion of the area included in the development plan for which final approval has not been given shall be subject to those local ordinances otherwise applicable thereto as they may be amended from time to time, and the same shall be noted on the Zoning Map and in the records of the Secretary or Clerk of the municipality.
E.
Progress meetings and submission of revised plan:
(1)
A public hearing within 60 days after the filing of an application for tentative approval of a Planned Residential Development under this article shall be held pursuant to public notice on said application by the Board of Supervisors and the Planning Commission. The recommendations of the Planning Commission shall be advisory only and the final approval shall be solely vested in the Board of Supervisors. The public hearing or hearings shall be concluded within 60 days of the first public hearing.
(2)
If required by the Township, the applicant shall submit revised plans for their review and approval prior to submission of the final plan.
(3)
It is anticipated that changes will occur in the plan during the development of the final plan(s). It is, therefore, required that the applicant arrange at least one progress meetings with the Township during the period between tentative plan approval and final plan submission.
F.
Application for final approval. An application for final approval shall be submitted to the Township by the applicant after tentative plan approval. A plan submitted for final approval shall be deemed in substantial compliance with the plan previously given tentative approval provided any modifications by the applicant of the plan as tentatively approved does not:
(1)
Vary the proposed gross residential density or intensity of use by more than 5%; nor
(2)
Involve a reduction of the area set aside for common open space nor the substantial relocation of such areas; nor
(3)
Increase by more than 10% the floor area of the nonresidential use; nor
(4)
Increase by more than 5% the total ground area covered by buildings nor involve a substantial change in the height of buildings.
G.
Action on final plan by Township:
(1)
The Township shall within 45 days of the final plan approve or disapprove the final plan in whole or in part based upon, but not limited to, the following considerations:
(2)
In the event the plan submitted for final approval is not in compliance with the plan given tentative approval, the Township shall within 45 days from the filing of the application for final approval, so notify the applicant in writing setting forth the particular ways in which the plan fails to be in substantial compliance. The applicant shall direct his course of action based upon the alternatives permitted him under the "Pennsylvania Municipalities Planning Act," Act No. 101.53, 53 P.S. § 10711, as amended.
H.
Phasing and plan changes:
(1)
A plan which requires more than 24 months to complete shall be constructed in phases and the phasing plan must be developed.
(2)
In a phased PRD, it is expected that changes in the approved final plan will be required from time to time. In order to preserve the flexibilities which are fundamental to PRD, plan changes are permitted subject to the limitations listed below:
(a)
The changed plan must meet the basic objective of all regulations and all requirements of this chapter.
(b)
All changes in the final plan must meet the fundamental substantial compliance requirements of this chapter.
(c)
All plan changes must be submitted to the Township for review and approval in accordance with the requirements of this chapter.
I.
Fee. A fee relating to the processing of Planned Residential Development applications and subdivision plans is prescribed by resolution of the governing body as from time to time adopted but shall be set at a rate not less than $2.50 per dwelling unit or $6 per acre, whichever is greater.