Chambersburg City Zoning Code
ARTICLE XIX
Planned Residential Development PRD
§ 300-121 Statement of intent.
A.
Pursuant to Article VII, Pennsylvania Municipalities Planning Code (Act 247), the intent of this article is to provide, in the case of planned projects consisting of 10 acres or more, an added degree of variety and flexibility in the placement, bulk and interrelationship of the buildings and uses within the planned project and the implementation of new design concepts while, at the same time, maintaining the overall intensity of use, density of population and amounts of light, air, access and open space as specified by this chapter.
§ 300-122 Application for tentative approval.
A.
The applicant, at least nine days prior to a regularly scheduled public meeting of the Mayor and Town Council of the Borough of Chambersburg at which consideration is desired, shall file six copies of a plan of the proposed planned residential development with the Borough Secretary, together with any supporting data and information listed under § 300-123 of this article. The applicant shall also submit concurrently a copy of the plan to the Chambersburg Planning and Zoning Commission.
B.
The Mayor and Town Council may submit copies of the plan to the Borough Engineer, Borough Manager of Utilities, Borough Planner, the Franklin County Soil and Water Conservation District, Franklin County Planning Commission, and other public agencies for advice and comment as part of the Borough of Chambersburg review.
C.
The Mayor and Town Council shall hold a public hearing thereon, pursuant to public notice, within 60 days after the filing of the application. The hearing may be continued from time to time, provided, however, that in any event the public hearing or hearings shall be concluded within 60 days after the date of the first public hearing.
D.
Action following hearing.
(1)
The Borough of Chambersburg, within 30 days following the conclusion of the public hearing provided for in this section, shall, by official written communication to the landowner, either:
(2)
In the event tentative approval is granted subject to conditions, the landowner may, within 30 days after receiving a copy of the official written communication of the Borough of Chambersburg, notify the Borough of his refusal to accept all said conditions, in which case the Borough shall be deemed to have denied tentative approval of the development plan. In the event the landowner does not, within said period, notify the governing body of his refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted.
E.
The grant or denial of tentative approval by official written communication shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without conditions, or for the denial, and said communication shall set forth with particularity in what respects the development plan would or would not be in the public interest, including but not limited to findings of fact and conclusions on the following:
(1)
In those respects in which the development plan is or is not consistent with the Comprehensive Plan for the development of the Borough of Chambersburg;
(2)
The extent to which the development plan departs from zoning and/or subdivision regulations otherwise applicable to the subject property, including but not limited to density, bulk and use, and the reasons why such departures are or are not deemed to be in the public interest;
(3)
The purpose, location and amount of common open space in the planned residential development, the reliability of the proposals for the 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;
(4)
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;
(5)
The relationship, beneficial or adverse, of the proposed planned residential development to the neighborhood in which it is proposed to be established; and
(6)
In the case of a development 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.
F.
In the event a development plan is granted tentative approval, with or without conditions, an application for final approval of the development or portion thereof shall be filed not later than six months. In the case of a development plan which provides for development over a period of years, applications for final approval of each additional part of the plan shall be filed within 12 months of the previous application for final approval of a portion of the development.
G.
The official written communication provided for in this article shall be certified by the Secretary of the Borough of Chambersburg and shall be filed in the office of the Borough, and a certified copy shall be mailed to the landowner. Where tentative approval has been granted, it shall be recorded on the Municipal Zoning Map.
H.
Tentative approval of a development plan shall not qualify a plot 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 accepted by the landowner, shall not be modified or revoked nor otherwise impaired by action of the Borough of Chambersburg pending an application or applications for final approval without the consent of the landowner, provided an application for final approval is filed or, in case of development over a period of years, provided applications are filed within the periods of time specified above and noted in the official written communication granting tentative approval.
I.
In the event 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 Borough of Chambersburg in writing, or in the event the landowner shall fail to file the application or applications for final approval within the required period of time, the tentative 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 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 Municipal Zoning Map and in the records of the Secretary of the Borough of Chambersburg.
§ 300-123 Specifications of plan for tentative approval.
The applicant shall submit, for review by the Mayor and Town Council of the Borough of Chambersburg and the Chambersburg Planning and Zoning Commission, a plan drawn on a map of the property showing the following information, together with the supporting information and documentation listed below:
A.
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 for the development of the Borough.
B.
The location, size and topography of the site and the nature of the landowner's interest in the land proposed to be developed.
C.
The density of land use to be allocated to parts of the site to be developed.
D.
The location and size of the common open space.
E.
The form of organization proposed to own and maintain the common open space.
F.
The use and the approximate height, bulk and location of buildings and other structures.
G.
The feasibility of proposals for the disposition of sanitary wastes and stormwater, including a Plan Revision Module for Land Development for submission to the Department of Environmental Resources.
H.
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.
I.
The provisions for parking of vehicles and the location, names, width of rights-of-way, width of cartway, and paving of proposed streets and easements in accordance with the design standards of Chapter 258, Subdivision and Land Development.
J.
In the case of development plans which call for development over a period of years, a schedule showing the proposed time 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.
K.
The location, size and type of planting for buffer yards.
L.
The location and size of areas to be set aside for schools, parks, recreation or other public purposes.
M.
A copy of a report on soil characteristics of the site prepared by the County Soil and Water Conservation District so that the Commission may determine the type and degree of development the site may accommodate because of the limitation of soil as related to basement and foundation construction, street and parking area construction and grading condition.
O.
The location and types of erosion and sediment control measures prepared.
P.
A profile of each street, including grades.
Q.
Location of existing and proposed utility mains.
R.
Location plans of proposed sanitary and stormwater sewers and any proposed water distribution system.
S.
Location and plans of any proposed private sewage treatment plant and water supply plants.
T.
A profile of the proposed sanitary and storm sewers and waterlines, with invert elevations and connections to existing systems.
U.
A copy of the report from the County Conservation District indicating the extent of erosion control plans needed and whether in his opinion a permit for each moving activity may be required from the Department of Environmental Resources.
V.
Evidence in writing, where 100 or more dwelling units are proposed in the development, from the school district in which the subdivision or land development is located containing the review and comments of the school district on the proposed development.
W.
A copy of a report, where 100 or more dwelling units are proposed in the development, indicating an estimated volume of vehicular traffic movement and the adequacy of the proposed and existing streets and highways to carry the traffic both within and beyond the proposed development and possible solutions to such problems as may be thereby identified.
X.
A copy of a report, where 100 or more dwelling units are proposed in the development, indicating the general arrangement for stormwater drainage, the estimated volume of water to be generated and the effect of such volumes on the drainageways or streams within the development and that projected volumes can be accommodated by the existing drainage facilities or streams beyond the proposed development.
Y.
A copy of a report, where 100 or more dwelling units are proposed in the development, indicating the general arrangement for water supply, including the location, source, type and capacity of the proposed supply to serve the proposed development signed by a registered engineer.
§ 300-124 Application for final approval.
A.
Application. 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 the Borough of Chambersburg within the time (six months) specified by this chapter and indicated in official written communication granting tentative approval. The application shall include any drawings, specifications, covenants, easements, performance bonds, approved Plan Revision Module for Land Development and such other requirements as may be specified by this chapter and Chapter 258, Subdivision and Land Development, for a final plat as well as any other 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, submitted for final approval, shall be held to determine if the application for final approval is in compliance with the development plan theretofore given tentative approval and with any specified conditions attached thereto.
B.
Final approval procedure.
(1)
The applicant, no later than six months after the date of tentative approval of the planned residential development and nine days prior to the regular public meeting of the Borough of Chambersburg at which consideration is desired, shall file three reproducible copies and three prints and an application for final approval with the Borough of Chambersburg. In the case of development plans which provides for development over a period of years, applications for final approval of each part of a plan shall be filed not later than 12 months after each previous application for final approval of a portion of the development.
(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 this article and the official written communications of tentative approval, the Borough of Chambersburg shall, within 30 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 Borough of Chambersburg may refuse to grant final approval and shall, within 30 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.
(b)
If the landowner wishes to take either of such alternate actions 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.
(c)
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 for public hearings on applications for tentative approval. Within 30 days after the conclusion of the hearing, the Borough of Chambersburg 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 in cases arising under this section shall be in the form and contain the findings required for an application for tentative approval set forth in this chapter.
(4)
A development plan, or any part thereof, which has been given final approval shall be so certified without delay by the Borough of Chambersburg and shall be filed on 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. Pending completion within a reasonable time of said planned residential development or that part thereof, as the case may be, that has been finally approved, no modification of the provisions of said development plan, or part thereof, as finally approved, shall be made except with the consent of the landowner.
(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 Borough of Chambersburg in writing, or in the event the landowner shall fail to commence and carry out the planned residential development within one year after final approval has been granted, no development or further development shall take place on the property included in the development plan until after said property is resubdivided and is reclassified by enactment of an amendment to the Chambersburg ordinance.
§ 300-125 Specifications of plan for final approval.
The applicant shall submit for review by the Borough of Chambersburg and the Chambersburg Planning and Zoning Commission a plan with the following information:
A.
On reproducible material in size at a scale of one inch equals 100 feet, primary control points, approved by the Borough Engineer, or description and ties to such control points, to which all dimensions, angles, bearings, and similar data on the plat shall be referred.
B.
Tract boundary lines, right-of-way lines of streets, easements, and other rights-of-way, and property lines of residential lots and other sites with accurate dimensions, bearings, or deflection angles, and radii, arcs and central angles of all curves.
C.
Name and right-of-way width of each street or other right-of-way.
D.
Location, dimensions, and purpose of easements.
E.
Number to identify each lot and/or site when applicable.
F.
Purpose for which sites other than residential lots are dedicated or reserved.
G.
Building setback lines on all lots and other sites.
H.
Location and description of survey monuments. All permanent reference monuments shall be shown by an "X" on the plat.
I.
Names of record owners of adjoining unplatted land.
J.
Reference to recorded subdivision plats of adjoining platted land by record name, date, and number.
K.
Certification by a registered surveyor or registered engineer, licensed in the Commonwealth of Pennsylvania, certifying to accuracy of survey and plat.
L.
Certification of title showing that the applicant is the owner of land, agent of the landowner or tenant with permission of the landowner.
M.
Statement by the owner dedicating streets, rights-of-way and any sites for public uses which are to be dedicated.
N.
Proposed protective covenants running with the land, if any.
O.
Proposed contours at vertical intervals of five feet or less as required by the Commission.
P.
The location and types of erosion and sediment control measures.
Q.
Other data. The plat shall be accompanied by the following data in form prescribed by the Borough of Chambersburg:
(1)
Profiles of streets showing grades.
(2)
Typical cross sections of each type of street, minor street, collector, etc., showing the width of right-of-way, width of cartway, location and width of sidewalks, if required, and location and size of utility mains.
(3)
Plans and profiles of proposed sanitary and stormwater sewers, with grades and pipe size indicated, and a plan of any proposed water distribution system showing pipe sizes and location of valves and fire hydrants.
(4)
A final erosion and sedimentation control plan, showing the location and types of erosion and sediment control measures, together with a report, signed by the County Conservation District, indicating that the plan has been prepared and reviewed as required by the Clean Streams Law of Pennsylvania, Act 222, July 31, 1970, as amended.[1]
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
(5)
A copy of an application for a permit for earthmoving activity or a permit issued and signed by the Department of Environmental Resources as required by the Rules and Regulations, Chapter 102, Erosion Control, under P.L. 1987, June 22, 1937, as amended.
(6)
A copy of the Sewage Plan Revision Module for Land Development approved by the Department of Environmental Resources in compliance with the requirements of the Pennsylvania Sewage Facilities Act[2] and Section 71.16 of Chapter 71 of Title 25 of the Pennsylvania Code.
[2]
Editor's Note: See 35 P.S. § 750.1 et seq.
(7)
Such other certificates, affidavits, endorsements, or dedications as may be required by the Borough of Chambersburg in the enforcement of these regulations.
§ 300-126 Permitted uses and development standards.
A.
Permitted uses.
(2)
Permitted commercial uses:
(a)
Retail stores and shops;
(b)
Restaurants, delicatessens and cocktail lounges;
(c)
Pharmacies or drugstores, stationery, book, tobacco and newsstand;
(d)
Self-service laundry and dry-cleaning and pickup stations;
(e)
Barbershops and beauty shops;
(f)
Business and professional offices;
(g)
Banks and financial institutions; and
(h)
Garden centers and flower shops.
B.
Density. The density of dwelling units per acre for the total acreage within the planned residential development shall not exceed 16 dwelling units per acre.
C.
Setbacks. All structures shall be set back from public right-of-way lines not less than 25 feet and not less than 50 feet from the center line of private streets and not less than 50 feet from all property lines adjacent to the planned residential development tract.
D.
Building height. No building shall be erected to a height in excess of 35 feet; provided, however, that this height limit may be increased one foot for each additional foot that the width of each yard exceeds the minimum required (not to exceed 72 feet) up to a maximum of 72 feet.
E.
Vegetative cover. At least 50% of the gross area of the planned residential development shall be maintained with a vegetative material.
§ 300-127 Common open space.
A.
Common open space areas not dedicated to the general public shall be held in corporate ownership by the private owner of the lots or parcels of land in the planned residential development area, and the developer shall incorporate into the deeds of the owners any interest in such common open space, indicating the use to be made of such common open space and providing a means of permanent maintenance of this common space. All common open space areas which, in the opinion of the Borough of Chambersburg, should be developed as recreation areas shall be improved or assured by means of a proper completion guaranty in the form of a bond or a deposit of funds or securities in escrow sufficient to cover the cost of the required improvements, as estimated by the Borough Engineer, by the developer in a manner acceptable to the Borough of Chambersburg prior to final plan approval of the planned residential development or section thereof.
B.
Recreation areas.
(1)
One acre of playgrounds or playfields shall be provided for each 100 dwelling units or 1/10 of an acre for each 10 dwelling units or fewer; or one acre of parks shall be provided for each 100 dwelling units or 1/10 of an acre for each 10 dwelling units or fewer.
(2)
In the case of a development plan which proposes development over a period of years, recreation areas shall be shown on the tentative plan in such a manner as to provide playgrounds and parks of adequate size rather than a series of one-tenth-acre parcels.
C.
Provisions for determining the amount and location of common open space or recreation areas:
(1)
Common open space shall be delineated specifically on the tentative plan and shall not include street rights-of-way, required setbacks, side yard, rear yards or the required space between buildings. The area in acres of each separate parcel of such common open space shall be clearly shown on the tentative plan.
(2)
Recreation areas, as common open space, shall also be delineated on the tentative plan, and the area in acres of each recreation area shall be shown separately from other common open spaces.
§ 300-128 Commercial areas.
A.
No commercial enterprises shall be permitted to operate except in the area designated in the planned residential development plan for commercial use. The permitted uses designed to serve the neighborhood or development may be constructed provided they shall be so located as to minimize traffic problems and be served by main access roads and not primarily residential streets.
B.
The area for commercial use shall not exceed the following:
Acres | Area of Tract | |
|---|---|---|
10 to 75 | 10% | |
76 to 150 | 8% | |
151 to 250 | 7% | |
251 and up | 8% |
C.
At least 50% of the residential dwelling unit construction shall be completed before any commercial construction may begin, and at no time shall the commercial structures or uses exceed the percentage requirements set forth above.
D.
The permissible lot coverage of commercial buildings in the development of commercial center areas shall not exceed 25% of the land area designed for commercial use of the proposed plan.
E.
The required parking spaces shall be provided in accordance with the provisions of Article XIII, Off-Street Parking, except that they shall be situated on the same lot within not more than 200 feet of the commercial buildings to be serviced.
F.
Buffer zone. Where a commercial area adjoins a residential area within the planned development or in adjacent land around the perimeter of the development, a buffer zone shall be required in addition to the setback requirement of 10 feet.
G.
Screen plantings shall be required where commercial use adjoins a residential use in the planned development or residential areas adjacent to the development.
§ 300-129 Utilities.
A planned residential development shall be served by a sewage collection and treatment system and water supply. All plans for sewage systems shall be subject to review and approval by the Borough of Chambersburg upon the recommendation of the Commission, the Municipal Sewer Authority and the Pennsylvania Department of Environmental Resources.
§ 300-130 Off-street parking.
Parking shall be provided in accordance with the provisions of Article XIII, Off-Street Parking.
§ 300-131 Design, improvement and construction requirements.
A.
Streets. The design of streets in a planned residential development shall conform to the standards as shown in Chapter 258, Subdivision and Land Development, as amended.
B.
Easements. The design of easements for public utility facilities, drainage facilities, streams and watercourses in a planned residential development shall conform to the requirements shown in Chapter 258, Subdivision and Land Development.
C.
Erosion and sediment control. The control of erosion and sediment in a planned residential development shall be subject to the procedure and requirements of the Chapter 258, Subdivision and Land Development, as amended.