Greene Township Franklin County
City Zoning Code
City Zoning Code
ARTICLE VI
Planned Residential Developments
§ 105-38 Purposes.
The purposes of planned residential developments shall be as follows:
A.
To encourage innovations in residential development for greater variety, efficient use of open space, and conservation of natural features.
B.
To provide greater opportunities for better housing and recreation in the Township.
C.
To encourage a more efficient use of land and services so that economies may benefit those who need homes.
D.
In the aid of the above purposes, to provide a procedure which can relate the type, design, and layout of residential development to the particular site and demand for housing, in a manner consistent with the preservation of the property values within existing residential areas, and to assure that the increased flexibility of regulations over land development is carried out pursuant to sound, expeditious, and fair administrative standards and procedures.
§ 105-39 Eligibility requirements.
A.
Any application for tentative approval shall as a minimum meet the following requirements:
(1)
The proposed Planned Residential District shall consist of one or more contiguous parcels of land under single ownership.
(2)
The proposed planned residential development shall contain a minimum of 10 acres of land.
(3)
The proposed planned residential development shall be connected to both a public water supply system and sanitary sewer system. Where either a public water or sanitary sewer system cannot be feasibly provided to the planned residential development the developer shall provide a centralized water supply system and sanitary sewer system to service the entire development.
(4)
Planned residential developments shall be permitted to locate only in the R-2 and CC Districts in the Township.
[Amended 5-26-2015 by Ord. No. 2015-6; 1-23-2024 by Ord. No. 2024-1]
§ 105-40 Land use control and density requirements.
A.
Residential uses:
(2)
Sales offices shall be permitted as an accessory use to any residential development in excess of 15 lots or dwelling units. Any such sales office shall be houses in a building in keeping with the principal residential character of the property and comply with the applicable sign provisions of § 105-34A(1)(e) of this chapter.
(3)
Each type of housing style shall constitute a minimum of 20% of the total number of housing units.
B.
Nonresidential uses. The following nonresidential uses may be permitted in a planned residential development to the extent that they are designed and intended primarily to serve residents of the planned residential development and are compatible and harmoniously incorporated into the unitary design of the planned residential development.
(1)
Commercial uses such as retail shops or stores, service businesses and restaurants.
(2)
Professional or business office uses, including branch banks.
(3)
Institutional uses such as private schools, nursery schools and day-care centers, churches, community activity centers, nursing homes, and retirement homes.
C.
Land use density. Within the planned residential development, density shall be regulated by the following standards.
(1)
Average gross residential density of the total planned residential development site shall not exceed 12 dwelling units per acre.
(2)
The percentage of the planned residential development site to be devoted to common open space shall be no less than 25% of the total site area.
(3)
The percentage of the planned residential development site which is to be covered by buildings, roads, parking areas, and other impermeable cover shall not exceed 30% of the total site area.
(5)
Lot coverage of commercial buildings shall not exceed 25% of the land area designated for commercial use.
§ 105-41 Site analysis.
A.
Natural features analysis. In order to determine which specific areas of the total planned residential development site are best suited for high-density development, which areas are best suited for lower-density development, and which areas should be preserved in their natural state as open space areas, the developer shall submit a Natural Features Analysis of the following subject categories:
B.
Community impact analysis. In order to determine the impact of the planned residential development upon the municipality, an analysis of the potential affects of the planned residential development upon public facilities, utilities, and roadway systems shall be required. Market analysis data which estimates potential market demand for various types of housing in the area of the proposed planned residential development site shall be presented.
§ 105-42 Site design requirements.
A.
Residential uses:
(1)
Dwelling unit structures shall be located and interspersed so as to promote pedestrian and visual access to common open spaces.
(2)
Interior yards and/or structural spacing between dwellings and units shall be provided in accordance with the following minimums:
(3)
Dwelling unit structures shall be located and arranged so as to promote privacy for residents within the planned residential development and maintain privacy for residents adjacent to the planned residential development. Structures shall be located within the development so that there will be no adverse impact such as excluding natural light or invading the privacy of adjacent structures.
(4)
No building or other structure shall be erected to a height in excess of 40 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 and that considerations of fire and other safety features have been adequately taken into consideration.
[Amended 4-26-2006 by Ord. No. 2006-2]
(5)
No structure shall be located within 20 feet of the right-of-way of collector streets.
B.
Commercial uses:
(1)
All commercial uses shall be located in a single, concentrated area of the planned residential development.
(2)
All commercial uses shall be located with direct access to at least a collector street.
(3)
Commercial signs are permitted subject to the following:
(a)
A single sign for the commercial center shall be permitted, provided that such sign face shall be limited to a height of six feet with a total area of 50 square feet.
(b)
Signs for individual uses shall be located on the face of structure and shall be no more than 30 square feet in area.
(c)
Other than requirements a. and b. above, signs shall be subject to the requirements of this chapter.
C.
Common open space:
(1)
Common open space shall be designed as an integral part of the planned residential development.
(2)
Significant natural features such as woodland areas, large trees, natural watercourses and bodies of water, rock outcroppings, and scenic views shall be incorporated into common open space areas whenever possible. However, no less than 25% of the total common open area shall be suitable for intensive use as an active recreation area.
(3)
The uses authorized for the common open space must be appropriate to the scale and character of the planned development, considering its natural features, size, land use intensity, potential population, and the number and types of dwelling units to be developed.
D.
Streets, sewer and water utilities, storm drainage and soil erosion control, curbs and gutters and sidewalks. Streets and roads, sewer and water utilities, storm drainage and soil erosion control, curbs and gutters and sidewalks, driveways, monuments and markers shall be designed and improved in accordance with the requirements and standards set forth in Articles X and XI of Chapter 85, Subdivision and Land Development. Performance and maintenance guaranties and subsequent release of guaranties for all required improvements shall be in accordance with the requirements and procedures of Chapter 85, Subdivision and Land Development.
F.
Other utilities:
G.
Tree conservation and landscaping:
(1)
The protection of trees six inches or more in diameter (measured at a height four and one-half feet above the original grade) shall be a factor in determining the location of open space, structures, underground utilities, walks, and paved areas. Areas in which trees are preserved shall remain at original grade level and undisturbed wherever possible.
(2)
Where extensive natural tree cover and vegetation does not exist and cannot be preserved on the planned residential development site, landscaping shall be regarded as an essential feature of the planned residential development. In these cases, landscaping shall be undertaken in order to enhance the appearance of the planned residential development, aid in erosion control, provide protection from wind and sun, screen streets and parking areas, and enhance the privacy of dwelling units.
H.
Provisions for encouraging the use of renewable energy systems and energy-conserving building design. Regulation for height and setbacks for structures, buildings, other improvements; for height and location of vegetation, shall be adjusted, if found reasonable, to relate to renewable energy systems or their components and energy-conserving building design techniques, by the Greene Township Board of Supervisors.
§ 105-43 Ownership, maintenance, and preservation of common open space.
A.
For the purpose of ownership, maintenance, and preservation of common open space, the developer shall establish a homes association in accordance with § 105-33 of this chapter.
B.
In the event that the organization established to own and maintain a common open space or any successor organization, shall at any time after establishment of the planned residential development fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Township may serve written notice upon such organization or upon the residents and owners of the planned residential development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be corrected within 30 days thereof, and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. At such hearing, the Township may modify the terms of the original notice as to the deficiencies may give an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said 30 days or any extension thereof, the Township, in order to preserve the taxable values of the properties within the planned residential development and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said entry and maintenance shall not constitute a taking of said common open space, nor vest in the public any rights to use the same. Before the expiration of said year, the Township, upon its initiative or upon the request of the organization heretofore responsible for the maintenance of the common open space shall call a public hearing upon notice to such organization, or to the residents and owners of the planned residential development, to be held by the Township, at which hearing such organization or the residents and owners of the planned residential development shall show cause why such maintenance by the Township shall not, at the option of the Township, continue for a succeeding year. If the Township shall determine that such organization is ready and able to maintain said common open space in reasonable condition, the Township may cease to maintain said common open space at the end of said year. If the Township shall determine such organization is not ready and able to maintain said common open space in a reasonable condition, the Township may, in its discretion, continue to maintain said common open space during the next succeeding year and subject to a similar hearing and determination in each year thereafter. The decision of the Township in any such case shall constitute a final administrative decision subject to judicial review.
C.
The cost of such maintenance by the Township 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 in the Office of the Prothonotary of the County, upon the properties affected by the lien within the planned residential development.
D.
Public dedication of common open spaces. An offer of dedication of common open space made by the developer in the development plan, before the establishment of any organization responsible for open space areas, and, if accepted by resolution or ordinance, the Township shall constitute a fulfillment of responsibility for providing and maintaining common open space areas.
§ 105-44 Development in stages.
A.
A planned residential development may be developed in stages if the following standards are met:
(1)
The location and approximate time of construction of each stage are clearly marked on the development plan.
(2)
At least 15% of the dwelling units in the development plan are included in the first stage.
(3)
At least 50% of the dwelling units in any stage shall be completed before any commercial development shown in that stage shall be completed.
(4)
The second and subsequent stages are completed consistent with the development plan and are of such size and location that they constitute economically sound units less than 15% of the dwelling units included in the development plan.
(5)
To encourage flexibility of housing density, design, and type in accord with the purposes of this chapter, gross residential density may be varied from stage to stage. A gross residential density in one stage which exceeds the permitted average gross residential density for the entire planned residential development must be offset by a gross residential density in a subsequent stage which is less than the permitted average gross residential density for the entire planned residential development.
§ 105-45 Procedural requirements (application for tentative approval).
A.
The application for tentative approval shall be submitted by or on behalf of the landowner to the Township Secretary in accordance with the preliminary plan requirements of Chapter 85, Subdivision and Land Development.
B.
The application for tentative approval shall be in addition to the plans supporting data required in Chapter 85, Subdivision and Land Development, and shall contain the following:
(1)
The proposed land use areas within the planned residential development, distinguishing between type of residential, nonresidential, and open space uses.
(2)
The land use density of each land use within the planned residential development and the average gross residential density for the entire planned residential development.
(3)
The use and the approximate height, bulk, and location of buildings and other structures.
(4)
The location, function, size, ownership, and manner of maintenance of the common open spaces.
(5)
The substance of covenants, grant of easements, or other restrictions to be imposed upon the use of land, buildings and structures including proposed grants and/or easements for common open space areas and public utilities, and the legal form of provisions thereof.
(6)
In the case of plans which call for development in stages, a schedule showing the approximate time within which applications for final approval of each stage of the planned residential development are intended to be filed and the approximate number of dwelling units, types of dwelling units, and gross residential density for each type of dwelling unit planned for each stage. The schedule shall be updated annually on the anniversary of its approval, until the development is completed and accepted.
(7)
Site plans shall be drawn at a scale no smaller than one inch to 50 feet.
(8)
The application for tentative approval of a planned residential development shall include a written statement by the landowner setting forth 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 Greene Township.
C.
Public hearings:
(1)
Within 60 days after the filing of a complete application for tentative approval of a planned residential development pursuant to this chapter, a public hearing pursuant to public notice on said application shall be held by the Township, the Township Supervisors shall grant tentative approval as submitted or subject to specified conditions, or deny tentative approval for specified reasons in a written communication to the applicant within 60 days after the conclusion of the public hearing.
(2)
In the event a development plan is granted tentative approval, with or without conditions, the Township shall set forth in the official written communication the time within which an application for final approval of the development plan shall be filed or, in the case of a development plan which provides for development over a period of years, the period of time within which applications for final approval of each part thereof shall be filed.
(3)
Except upon the consent of the landowner, the time so established between grant of tentative approval and an application for final approval shall not be less than three months and, in case of developments over a period of years, the time between applications for final approval of each part of a plan shall be not less than 12 months.
D.
Status of plan after tentative approval. The official written communication, provided under Subsection C shall be certified by the Township Secretary and filed in the Township Office, with a copy of same mailed to the landowner. Tentative approval shall be deemed on amendment to the Zoning Map and shall be noted on the Zoning Map. Tentative approval of a development plan shall not qualify a plat of the planned residential development for recording nor authorize development, the issuance of any building permits, the leasing or sale of lots.
E.
Application for final approval:
(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, a section thereof. Said application shall be made to the Township Secretary and within the time or times specified by the official written communication granting tentative approval. If the application for final approval is in compliance with the tentatively approved development plan, a public hearing need not be held.
(2)
The application for final approval shall be in accordance with the design and improvement requirements for final plan contained in Chapter 85, Subdivision and Land Development, at a scale not smaller than one inch to 50 feet. In addition the following and documentation information shall be required:
(a)
Total acreage of development, land uses in each area, total number of dwelling units, number of each type of dwelling unit, average gross residential density, and gross residential density in each section.
(b)
Building coverage lines accurately locating all types of dwelling units, and nonresidential structures, giving dimensions of the structures, distances between the structures, distances to street rights-of-way and parking areas, with distances accurate to the nearest foot.
(c)
Accurate dimension of common open spaces areas specifically indicating those areas to be preserved in their natural state and those areas to be developed for active recreation. Where common open space areas are to be developed, the location of structures in common open space areas shall be illustrated.
(d)
In the case of a planned residential development proposed to be developed over a period of years, final plan requirements will apply to the section for which final approval is being sought. However, the final plan presented for the section to be developed must be considered as it relates to information regarding densities and types of dwelling units, location of common open space, sanitary sewer and water distribution systems, and street systems presented for the entire development in the application.
(e)
Architectural drawings illustrating exterior designs of each type of typical dwelling unit and nonresidential structures to be constructed.
(f)
All covenants running with the land governing the reservation and maintenance of dedicated or undedicated open space land. These shall bear the certificate of approval of the Municipal Solicitor as to their legal sufficiency.
(g)
Restrictions of all types which will run with the land and become covenants in the deeds of lots shall be shown on the final plan.
(h)
Such certificates of approval by Authorities as have been required by the Township including certificates approving the water supply system and the sanitary sewer system.
F.
Procedures after application for final approval:
(1)
In the event the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, as required by this chapter and the official written communication of tentative approval, the Township Supervisors shall, within 45 days of such filing, grant such development plan final approval.
(2)
In the event the development plan as submitted contains variations from the development plan given tentative approval, the Township Supervisors may refuse to grant final approval and shall, within 45 days from the filing of 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: refile his application for final approval without the variations; or file a written request with the Township that it hold a public hearing on this application for final approval.
(3)
A development plan, or any part thereof, which has been given final approval shall be certified by the Township Secretary and recorded in Franklin County Office of the Recorder of Deeds before any development shall take place. Upon approval of the final plat, the Developer shall record the plat and post financial security in accordance with the provisions of Chapter 85, Subdivision and Land Development.