Cambria Township City Zoning Code
PART 8
PLANNED RESIDENTIAL DEVELOPMENT
§ 27-801 Purpose.
[Ord. 206, 12/10/2010, § 801]
Planned residential development is a technique wherein residential structures (semi-detached, detached, and multi-story) are arranged in closely related groups. It may also include land uses of a cultural, recreational, and commercial character to the extent that they are designed to serve the residents. Instead of spreading houses uniformly over an entire tract, cluster development occurs, creating higher densities in certain areas and preserving natural features in others. Under such planning, lot size is reduced and the land thus saved is used for common greens or open space.
§ 27-802 Grant of Power.
[Ord. 206, 12/10/2010, § 802]
1.
The Township Planning Commission shall administer planned residential development provisions subject to the provisions set forth in this chapter and as provided by Article VII, Pennsylvania Municipalities Planning Code, Act 247 as amended, 53 P.S. § 10701 et seq.
2.
The standards, conditions, and regulations for a planned residential development shall be consistent with the provisions contained in Article VII, Pennsylvania Municipalities Planning Code, Act 247 as amended, 53 P.S. § 10701 et seq.
3.
The procedures pertaining to the application for, hearing on, and tentative and final approval of a planned residential development shall be consistent with the provisions contained in Article VII, PA Municipalities Planning Code, Act 247 as amended, 53 P.S. § 10701 et seq.
§ 27-803 Standards and Conditions.
[Ord. 206, 12/10/2010, § 803]
1.
A planned residential development may be permitted by the Township in a R-MH Residential District subject to the requirements set forth in this chapter and as provided by Article VII, Pennsylvania Municipalities Planning Code, Act 247 as amended, 53 P.S. § 10701 et seq.
A.
Minimum Overall Lot Size. The minimum overall lot size for any planned residential development shall be 20 acres.
B.
Permitted Uses.
(1)
Single-household detached dwellings.
(2)
Two-household detached dwellings.
(3)
Multiple row dwellings, townhouses, and garden apartments with a maximum of eight units per building.
(4)
Multi-story apartments not to exceed 60 feet above ground in height.
(5)
Community buildings which are for the social, cultural, or recreational use of the residents of the development.
(6)
Open space and recreation facilities developed and maintained principally for use of residents of the development.
(7)
Certain non-residential uses such as buildings for convenience shopping and personal services provided that such uses along with required parking occupy not more than 10% of the total land area of the development.
C.
Dwelling Standards. Each dwelling unit in a planned residential development shall have a minimum floor area of not less than 800 square feet.
D.
Density. The dwelling unit density shall conform to the following:
E.
Public Open Space Standards. At least 250 square feet per dwelling unit shall be set aside and maintained for an outdoor recreation area by the owner of the development, his successors and assigns, of which a 100 square foot unit shall be developed with recreation equipment and playground area. In lieu of maintenance by the developer, an association of homeowners in the development may provide such maintenance, but documents creating such an association shall be approved by the Township solicitor before final approval is given for the planned residential development. Should neither the developer nor an approved homeowners association maintain the public open space required in this subsection, then the Township shall have the option to maintain the public open space and, if it chooses to do so, impose a lien on the individual properties in the development to collect the costs of such maintenance.
F.
Setback Requirements and Minimum Distance Between Buildings.
(1)
Setback. The setback requirements for all buildings erected in a planned residential development shall be as follows:
(a)
A minimum setback of 70 feet shall be observed around the entire perimeter of tract or lot used for the planned residential development. No main or accessory building may be erected within the setback area. However, outdoor recreation facilities and parking lots may be constructed in the area provided that they are a minimum of 40 feet from the perimeter lot lines.
(b)
A front yard setback of 35 feet shall be observed for all buildings erected adjacent to streets within the planned residential development.
(2)
Minimum Distance Between Buildings. When more than one multiple household dwelling building is erected on a single site, lot, or tract, the minimum distances between buildings shall be as follows:
G.
Percentage of Lot Coverage. All buildings including accessory buildings shall cover not more than 40% of the area of the lot or tract.
2.
The developer or owner of any planned residential development shall be responsible for the engineering, construction, installation, and maintenance of site improvements as follows:
A.
Engineering Site Plan Required. An engineering site plan shall be prepared by a registered architect, registered landscape architect, professional engineer, or registered surveyor and filed with the Township prior to the start of any construction of an approved planned residential development. The site plan shall be drawn at a minimum scale of one inch equals 50 feet and shall indicate the exact location and dimensions of all buildings, streets, sidewalks, roads, parking areas, water lines, sanitary sewer lines, telephone lines, recreation areas, landscaping, walls, fences, right-of-way lines, property lines, and any other features to be constructed or installed on the site. A topographic map shall be prepared at a minimum scale of one inch equals 50 feet with a minimum contour interval of five feet and shall indicate all existing and final grades for the site; spot elevations shall be indicated for streets, storm and sanitary sewers, and other elevation features as deemed appropriate and necessary by the Township.
B.
Perimeter Survey. A perimeter survey of the parcel to be developed as a planned residential development shall be prepared by a registered surveyor. Permanent concrete markers, with a minimum standard of six by six by thirty-inch with a copper rod, shall be installed on all corners around the perimeter of the site. The survey shall tie directly into adjoining property.
C.
Street Paving. The engineering, construction, installation, and maintenance of all streets within the planned residential development shall be the sole responsibility of the developers and shall be in accord with minimum standards as set forth in the Township's Subdivision and Land Development Ordinance [Chapter 22], or by the Township.
D.
Street Signs and Street Lights. Street signs and street lights shall be installed and maintained by the developer as required by the Township Subdivision and Land Development Ordinance [Chapter 22], or by the Township.
E.
Water Requirements. If water is to be provided by means other than by private wells owned and maintained by the individual owners of lots within the planned residential development, the developer shall present evidence to the Township that the planned residential development is to be supplied by a certified public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority, or utility.
F.
Water Lines and Fire Plugs. The installation of all water lines including fire plugs shall be in accord with requirements and specifications of the local water authority and fire department. Detailed engineering plans and specifications shall be filed with both the Township and the local water company or authority.
G.
Sanitary Sewers. The installation of all sanitary sewers (if applicable) shall be in accord with detailed engineering plans and specifications submitted to and approved by the local sewer company or authority.
H.
Storm Sewers. The installation of a storm sewer system shall be in accord with plans and specifications filed with and approved by the Township. The storm sewer system shall also be compatible to or in accord with any Township and County-wide Stormwater Management Plan (if applicable).
I.
Off-Street Parking and Loading Facilities. Shall be provided as required or permitted under this chapter.
§ 27-804 Enforcement and Modification.
[Ord. 206, 12/10/2010, § 804]
1.
To further the mutual interest of the residents of the planned residential development and of the public in the preservation of the integrity of the development plan, as finally approved, and to ensure that modifications, if any, in the development plan shall not impair the reasonable reliance of the said residents upon the provisions of the development plan, nor results in changes that would adversely affect the public interest, the enforcement and modification of the provisions of the development plan as finally approved, whether those are recorded by plat, covenant, easement or otherwise shall be subject to the following provisions.
A.
The provisions of the development plan relating to the following elements 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 by the Township by law:
(1)
The use, bulk, and location of buildings and structures.
(2)
The quantity and location of common space, except as otherwise provided in this Part.
(3)
The intensity of use or the density of residential units.
(4)
The interest of the Township in protecting the health, safety, and welfare of its residents.
(5)
Any dissolution of an association formed to administer development requirements.
B.
All provisions of the development plan shall run in favor of the residents of the planned residential development but only to the extent expressly provided in the development plan and in accordance with the terms of the development plan, and to that extent said provisions, whether recorded by plat, covenant, easement or otherwise, 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; provided, however, that no provisions of the development plan shall be implied to exist in favor of residents of the planned residential development except as to those portions of the development plan which have been finally approved and have been recorded.
C.
All those provisions of the development plan authorized to be enforced by the Township under this section may be modified, removed, or released by the Township, except grants or easements relating to the service or equipment of a public utility, subject to the following conditions:
(1)
No such modification, removal or release of the provisions of the development plan by the Township shall affect the rights of the residents of the planned residential development to maintain and enforce those provisions, at law or equity, as provided in this section.
(2)
No modification, removal, or release of the provisions of the development plan by the Township shall be permitted except upon a finding by the Cambria Township Board of Supervisors or the Cambria Township Planning Commission following a public hearing thereon pursuant to public notice called and held in accordance with the provisions of this Part, that the same is consistent with the efficient development and preservation of the entire planned residential development, does not adversely affect either the enjoyment of land abutting upon or across the street from the planned residential development or the public interest, and is not granted solely to confer a special benefit upon any person.
D.
Residents of the planned residential development may, to the extent and in the manner expressly authorized by the provisions of the development plan, modify, remove or release their rights to enforce the provisions of the development plan but no such action shall affect the right of the Township to enforce the provisions of the development plan in accordance with the provisions of this section.
§ 27-805 Application for Tentative Approval.
[Ord. 206, 12/10/2010, § 805]
1.
An application for tentative approval of the development plan for a planned residential development shall be filed by or on behalf of the landowner.
2.
The application for tentative approval shall be filed by the landowner on such form as provided by the Township.
3.
All planning, zoning, and subdivision matters relating to the platting, use, and development of the planned residential development and subsequent modifications of the regulations relating thereto, to the extent such modification is vested in the Township, shall be determined and established by the governing body or the Planning Commission, if designated by the Board of Supervisors.
4.
The provisions shall require only such information in the application as is reasonably necessary to disclose to the governing body or the Planning Commission:
A.
The location, size and topography of the site and the nature of the landowner, interest in the land proposed to be developed.
B.
The density of land use to be allocated to parts of the site to be developed.
C.
The location and size of the common open space and the form of organization proposed to own and maintain the common open space.
D.
The use and the approximate height, bulk, and location of buildings and other structures.
E.
The feasibility of proposals for water supply and the disposition of sanitary waste and storm water.
F.
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.
G.
The provisions for parking of vehicles and the location and width of proposed streets and public ways.
H.
The required modification in the municipal land use regulations otherwise applicable to the subject property.
I.
The feasibility of proposals for energy conservation and the effective utilization of renewable energy sources.
J.
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.
5.
The application for tentative approval of a planned residential development shall include a written statement by the landowner setting forth the reasons why, in his opinion, a planned residential development would be in the public interest and would be consistent with the comprehensive plan or community development objectives of the Township.
6.
The application for and tentative and final approval of a development plan for a Planned Residential Development described in this Part shall be in lieu of all other procedures or approvals, otherwise required pursuant to Articles V and VI of the Pennsylvania Municipalities Planning Code, Act 247 as amended, 53 P.S. §§ 10501 et seq., 10701 et seq.
7.
Within 60 days after the filing of an application for tentative approval of a planned residential development, a public hearing pursuant to public notice on said applicants shall be held by the Township (or Planning Commission) in the manner prescribed in § 708 of the Pennsylvania Municipalities Planning Code, Act 247 as amended, 53 P.S. § 10708.
8.
The Board of Supervisors, or the Planning Commission, within 60 days following the conclusion of the public hearing provided for in this Part, shall, by official written communication to the landowner, either:
A.
Grant tentative approval of the development plan as submitted.
B.
Grant tentative approval subject to specified conditions not included in the development plan as submitted.
C.
Deny tentative approval to the development plan. Failure to so act within said period shall be deemed to be a grant of tentative approval of the development plan as submitted. This official written communication shall also include all other information as required by § 709 of the Pennsylvania Municipalities Planning Code, Act 247 as amended, 53 P.S. § 10709.
9.
Tentative approval of a development 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 Township pending an application or applications for final approval, without the consent of the landowner, provided an application or applications for final approval is filed or, in the case of development over a period of years, provided applications are filed within the periods of time specified in the official written communication granting tentative approval.
§ 27-806 Application for Final Approval.
[Ord. 206, 12/10/2010, § 806]
1.
An application for final approval may be for all the land included in a development plan or, to the extent set forth in the tentative approval, for a section thereof. Said application shall be made to Township Zoning Officer designated by the Chapter and within the time or times specified by the official written communication granting tentative approval. The application shall include any drawings, specifications, covenants, easements, performance bond, and such other requirements as may be specified by ordinance, as well as any conditions set forth in the official written communication at the time of tentative approval. A public hearing on an application for final approval of the development plan, or part thereof, shall not be required provided the development plan, or the part thereof, submitted for final approval, is in compliance with the development plan theretofore given tentative approval and with any specified conditions attached thereto.
2.
In the event the application for final approval has been filed, together with all drawings, specifications, and other documents in support thereof, and as required by the Chapter and the official written communication of tentative approval, the Township shall, within 45 days of such filing, grant such development plan final approval.
3.
In the event the development plan as submitted contains variations from the development plan given tentative approval, the approving body may refuse to grant final approval and shall, within 45 days from the filing of the application for final approval, so advise the landowner in writing of said refusal, setting forth in said notice the reasons why one or more of said variations are not in the public interest. In the event of such refusal, the landowner may either:
A.
Refile his application for final approval without the variations objected.
B.
File a written request with the approving body that it hold a public hearing on his application for final approval.
If the landowner wishes to take either such alternative action he may do so at any time within which he shall be entitled to apply for final approval, or within 30 additional days if the time for applying for final approval shall have already passed at the time when the landowner was advised that the development plan was not in substantial compliance. In the event the landowner shall fail to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan. Any such public hearing shall be held pursuant to public notice within 30 days after request for the hearing is made by the landowner, and the hearing shall be conducted in the manner prescribed in this Part for public hearings on applications for tentative approval. Within 30 days after the conclusion of the hearing, the approving body shall by official written communication either grant final approval to the development plan or deny final approval. The grant or denial of final approval of the development plan shall, in cases arising under this section, be in the form and contain the findings required for an application for tentative approval set forth in this Part. |
4.
A development plan, or any part thereof, which has been given final approval shall be so certified without delay by the approving body and shall be filed of record forthwith in the office of the Recorder of Deeds before any development shall take place in accordance therewith. Upon the filing of record of the development plan, the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Upon approval of a final plat, the developer shall record the plat in accordance with the provisions of § 513(a) of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10513(a), and post financial security in accordance with § 509 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10509.
5.
In the event that a development plan, or a section thereof, is given final approval and thereafter the landowner shall abandon such plan or the section thereof that has been finally approved, and shall so notify the approving body in writing; or, in the event the landowner shall fail to commence and carry out the planned residential development in accordance with the time provisions stated in § 508 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10508, after final approval has been granted, no development or further development shall take place on the property included in the development plan until after the said property is reclassified by enactment of an amendment to this chapter in the manner prescribed for such amendments in Article VI of the Municipalities Planning Code, Act 247, as amended, 53 P.S. § 10601 et seq.