1.

To encourage innovations in residential development and renewal so that the growing demand for housing may be met with greater variety in type, design and layout of dwellings and by the conservation and more efficient use of open space ancillary to said dwellings.

2.

To provide, through the above innovations, greater opportunities for better housing and recreation for existing and potential residents of the Township.

3.

To encourage a more efficient use of land and of public services and to reflect changes in the technology of land development so that the economics secured may inure to the benefit of those who need homes.

4.

To encourage more flexible land development which will respect and conserve natural resources such as streams, lakes, floodplains, groundwater, wooded areas, steeply sloped areas and areas of unusual beauty or importance to the natural ecosystem.

5.

In aid of those purposes, to provide a procedure which can relate the type, design and layout of residential development to the particular site and the particular demand for housing existing at the time of development in a manner consistent with the preservation of the property values within existing residential areas and to assure that the increased flexibility of the regulations over land development established hereby is carried out pursuant to sound, expeditious and fair administrative standards and procedures.

(Ord. 84-2, 3/29/1984, § 1500)

A planned residential development may be established by the Board of Commissioners in accordance with the procedure for reclassification of a zoning district.

(Ord. 84-2, 3/29/1984, § 1501)

1.

Prior to the issuance of a planned residential development permit by the Zoning Officer, a plan must be reviewed by the Hampden Township Planning Commission and the Cumberland County Planning Commission and approved by the Hampden Township Board of Commissioners. The County Planning Commission shall be required to report to the Hampden Township Board of Commissioners within 30 days or forfeit the right to review. The Township Planning Commission, as preparatory to review, shall hold at least one public hearing pursuant to public notice and may hold additional public hearings upon such notice as it shall determine advisable. Upon review of the plan and recommendations by the Cumberland County Planning Commission, the Township Planning Commission shall present to the Township Board of Commissioners their recommendations and explanatory materials. Before approving the plan, the Board of Commissioners may continue the hearing from time to time and may refer the matter back to the Township Planning Commission for the report provided, however, that, in any event, the public hearings shall be concluded within 60 days after the date of the first public hearing. The Board of Commissioners, within 30 days following the conclusion of the public hearing, 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; or

C.

Deny tentative approval of 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. In the event, however, that tentative approval is granted subject to conditions, the landowner may, within 30 days after receiving a copy of the official written communication of the Board of Commissioners, notify such Board of his refusal to accept all said conditions, in which case, the Board shall be deemed to have denied tentative approval of the development plan. In the event the landowner does not, within said period, notify the Board of Commissioners of his refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted.

2.

The granting 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 particularly 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 of the following:

A.

In those respects in which the development plan is or is not consistent with the comprehensive plan for the development of the Township.

B.

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 departure is or is not deemed to be in the public interest.

C.

The purpose, location and amount of the common open space in the planned residential development, the reliability of the proposals for maintenance and conservation of the common open space and the adequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development.

D.

The physical design of the development plan and the manner in which said design does or does not make adequate provision for public services, provides adequate control over vehicular traffic and, further, the amenities of light and air, recreation and visual enjoyment.

E.

The relationship, beneficial or adverse, of the proposed planned residential development to the neighborhood in which it is proposed to be established.

F.

In the case of a development plan with proposed development over a period of years, the sufficiency of the terms and conditions intended to protect the interest of the public and of the residents of the planned residential development in the integrity of the development plan.

3.

In the event a development plan is granted tentative approval, with or without conditions, an application for final approval of the development 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 part of the plan shall be filed within 12 months of the previous application for final approval of a portion of the development.

4.

The official written communication provided for in this Part shall be certified by the Secretary of the Township and shall be filed in the office of the Township and a certified copy shall be mailed to the landowner. Where tentative approval has been granted, this shall be recorded on a Township map.

5.

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 given tentative approval with conditions which has been accepted by the landowner, 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 applications are filed within the period of time specified in the official written communication granting tentative approval.

6.

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 Township 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 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 Township map and in the records of the Secretary of the Township.

(Ord. 84-2, 3/29/1984, § 1502, as amended by Ord. 98-7)

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 the Zoning Officer 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 the Board of Commissioners 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 ordinance and the official written communication of tentative approval, Hampden 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 Board of Commissioners 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. In the event of such refusal, the landowner may either:

A.

Re-file his application for final approval without the variations objected; or

B.

File a written request with the Board of Commissioners that it hold a public hearing on his application for final approval. If the landowner wishes to take either such alternate 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 the 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 Board of Commissioners shall, by official written communication, either grant final approval to the development plan or deny final approval.

4.

A development plan or any part thereof which has been given final approval shall be so certified without delay by the Board of Commissioners and shall be filed or recorded forthwith in the office of the Recorder of Deeds before any development shall take place in accordance therewith. Upon filing or recording 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 of 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 by the Township 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 Board of Commissioners in writing; or, in the event the landowner shall fail to commence and carry out the planned residential development within three years 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 this Chapter unless written request for an extension of the time period is granted by the Board of Commissioners to the landowner.

(Ord. 84-2, 3/29/1984, § 1503; as amended by Ord. 86-6, 8/5/1986)

The developer shall submit for review by the Planning Commission a plan with the following information:

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 Hampden Township.

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 and the form of organization proposed to own and maintain the common open space.

E.

The use and the approximate height, bulk and location of buildings and other structures.

F.

The feasibility of proposals for the disposition of sanitary wastes and stormwater.

G.

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.

H.

The provisions for parking of vehicles and the location and width of proposed streets and public ways.

I.

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.

J.

The location, size and type of planning for buffer yards.

K.

The location and size of areas to be set aside for park and recreation.

(Ord. 84-2, 3/29/1984, § 1504)

The developer shall submit for review by the Planning Commission a plan with the following information:

A.

Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way and property lines of residential lots and other sites when applicable with accurate dimensions, bearings or deflection angles, radii, arcs and central angles of all curves.

B.

Name and right-of-way width of each street or other right-of-way.

C.

Location and dimension and purpose of easements.

D.

Number to identify each lot and/or site when applicable.

E.

Purpose for which sites other than residential are dedicated or reserved.

F.

Minimum building setback line on all lots and other sites.

G.

Location and description of survey monuments.

H.

Names or record owners of adjoining unplatted land.

I.

Reference to recorded subdivision plats of adjoining platted land by record name, date and number.

J.

Certification by surveyor or engineer certifying to accuracy of survey and plat.

K.

Certification of title showing that applicant is the landowner.

L.

Statement by owner dedicating streets, rights-of-way and sites for public uses.

M.

Title, scale, north arrow and date.

(Ord. 84-2, 3/29/1984, § 1505)

1.

Permitted residential uses.

A.

Single-family, detached.

B.

Single-family, semidetached.

C.

Single-family, attached (townhouses).

D.

Two family, detached.

E.

Two family, semidetached.

F.

Multifamily.

G.

Group.

H.

High rise apartments.

I.

Wind turbines permitted by special exception.

J.

Residential solar energy system.

K.

No-impact home-based business.

L.

Accessory uses on the same lot and customarily incidental to any of the permitted uses.

2.

Permitted nonresidential uses.

A.

Convenience stores.

B.

Restaurants and delicatessens.

C.

Pharmacies or drug stores, stationery, book, tobacco and news media purveyors.

D.

Self service laundry and dry cleaning and pickup stations.

E.

Barber shops and beauty shops.

F.

Business and professional offices.

G.

Banks and financial institutions.

H.

Garden center and flower shops.

I.

Auditoriums.

J.

Churches and synagogues.

K.

Recreation facilities.

L.

Family day care home, group day care home, child day care center, private nursery or kindergarten.

M.

Non-residential solar energy system.

(Ord. 84-2, 3/29/1984, § 1506; as amended by Ord. 92-5, 2/4/1992, § 13(A); by Ord. 09-01, 01/29/2009, § 8, Ord. 13-07, 08/29/2013; by Ord. 13-07, 08/29/2013; and by Ord. 2017-10, 07/27/2017)

1.

The maximum gross density for the total acreage within the planned development program of a specific developer shall not exceed eight dwelling units per gross acre.

2.

A minimum of 30 percent of all dwelling units shall be single-family detached dwelling units and there shall be a variety of types of dwelling units with a minimum of three types of dwelling units as designated in § 1607(1).

3.

Maximum dwelling units per structure not exceeding two stories in height shall be 12.

4.

Maximum dwelling units per structure not exceeding three stories in height shall be 18.

(Ord. 84-2, 3/29/1984, § 1507; as amended by Ord. 92-5, 2/4/1992, § 13)

1.

All structures shall be set back from both public and private right-of-way lines not less than 30 feet and not less than 50 feet from all adjacent property lines to the planned residential development tract.

2.

All structures shall be set back from all adjacent property lines to the planned residential development not less than 50 feet.

3.

Accessory buildings may be placed, erected or constructed within the aforesaid setback, provided they are located at least ten feet from the rear property line.

(Ord. 84-2, 3/29/1984, § 1508; as amended by Ord. 03-03, 05/29/03, § I(C))

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.

(Ord. 84-2, 3/29/1984, § 1509)

The minimum plot for a planned residential development shall be not less than 100 acres.

(Ord. 84-2, 3/29/1984, § 1510, amended by Ord. 94-1, 5/3/1994, § 1C)

1.

Interior yards and/or structure spacing shall be provided in accordance with the following schedule:

Note: F — Front; S — Side; R — Rear; C — Corner.

2.

The minimum side yard and rear yard requirements for single-family dwellings shall be as set forth in § 707 of this Chapter.

(Ord. 84-2, 3/29/1984, § 1511)

At least 50 percent of the gross area of the planned residential development shall be maintained with a vegetative material.

(Ord. 84-2, 3/29/1984, § 1512)

1.

One acre of playgrounds or playfields shall be provided for each 100 dwelling units or one-tenth of an acre for each ten dwelling units or less.

2.

One acre of parks shall be provided for each 100 dwelling units or one-tenth of an acre for each ten dwelling units or less.

(Ord. 84-2, 3/29/84, § 1513)

1.

No commercial enterprises shall be permitted to operate except in the areas designated for commercial uses. (Note: Family day care (§ 1607(2)(L)). The permitted uses designed to serve the neighborhood or development may be constructed provided that:

A.

They shall be so located as to minimize traffic problems and be served by main access roads and not primarily residential streets.

B.

There shall be no outside storage or display of material, equipment or merchandise.

2.

The area for commercial use shall not exceed the following:

At least 50 percent 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.

3.

The permissible lot coverage of commercial buildings in the development commercial center areas shall not exceed 25 percent.

4.

The required parking spaces shall be situated on the same lot within not more than 200 feet of the commercial building to be serviced.

5.

Buffer yards. Where a commercial area adjoins a residential area within the planned development or in adjacent land around the perimeter of the development, a buffer yard shall be required in addition to the above yard requirements. The buffer shall be of a dimension not less than the minimum side yard required for the residential use and shall be covered with ground cover and plantings as outlined in the Part 17, "General Regulations," of this Chapter.

6.

Screen plantings shall be required where commercial use adjoins a residential use in the planned development or in land areas adjacent to the development and such plantings shall be in conformity with the requirements of the general regulations.

(Ord. 84-2, 3/29/1984, § 1514; as amended by Ord. 94-1, 5/3/1994, § 1(D); and by Ord. 98-7, 8/27/1998)

Any development plan shall comply with the parking, loading and unloading, highway access, stream protection and any other applicable general regulations of the Township.

(Ord. 84-2, 3/29/1984, § 1515)

A development shall be served by sewage system and treatment facility and a water supply. All plans shall be subject to review and approval by the Township and the Pennsylvania Department of Environmental Protection.

(Ord. 84-2, 3/29/1984, § 1516; as amended by Ord. 98-7, 8/27/1998)

1.

See Part 20, "Off-Street Parking," of this Chapter.

2.

All parking shall be located at least ten feet away from any right-of-way line. Curbing shall be installed to enforce this required.

(Ord. 84-2, 3/29/1984, § 1517; as amended by Ord. 92-5, 2/4/1992, § 13(C))

Wherever an existing single-family detached residential dwelling lot within a planned residential development has an accessory building placed, erected or constructed thereon as of the effective date of this subsection, such accessory building shall be deemed to comply with the setback requirements, provided the accessory building is located at least ten feet from the rear property line.

(Ord. 03-03, 05/23/03, § I(D))