The purposes of these Planned Residential Development Provisions are:

   1.   To insure that the provisions of the Zoning Chapter which are concerned with the uniform treatment of dwelling type, bulk, density and open space within each zoning district, shall not be applied to the improvement of land by other than lot by lot development in a manner which would distort the objectives of the Zoning Chapter.

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

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

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

   5.   To encourage more flexible land development which will respect and conserve natural resources such as streams, lakes, flood plains, wetlands, wooded areas, steeply sloped areas, areas of unusual beauty and significant natural habitats.

   6.   In aid of these 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 regulations over land development established hereby is carried out pursuant to sound, expeditious and fair administrative standards and procedures.

   7.   Establish PRD per MPC. The provisions of this Part 8 are adopted, enacted, established, ordained and amended from time to time to conform and comply with the requirements of Section 701 et seq., of the Pennsylvania Municipalities Planning Code (53 P.S. § 10701 et seq.), as amended from time to time, hereinafter sometimes referred to as the "MPC," especially § 27-713 which essentially requires that all municipalities shall adopt or amend provisions for planned residential developments to conform to the MPC within 5 years. (Ord. 285)

   8.   Interpretation per MPC. The PRD provisions of this Part 8 are based on, authorized by and enacted pursuant to the MPC. The intent of certain of these PRD provisions is to include selected portions of Article VII of the MPC, with the particulars designated to reflect the actual nomenclature, structure, etc., of this Township. (Ord. 285)

(Ord. 45, Z-§ 800, 5/12/76; as amended by Ord. 285, 7/1/1992, § 1)

An application for tentative approval shall not be eligible for tentative approval unless the following initial requirements are met:

   1.   The proposed Planned Residential Development shall be located only in the Planned Residential (PR) District and consist of one or more contiguous parcels of land under ownership, purchase agreement, option to purchase, leasehold agreement, or other similar legal agreement by a single legal entity to own and/or develop the land. (Ord. 285)

   2.   The proposed Planned Residential Development shall contain at least 50 contiguous acres.

   3.   The proposed Planned Residential Development shall be connected to public water and sanitary sewer systems.

   4.   No mid-rise apartment building shall be constructed, until there is evidence that adequate fire protection is available to serve such a building.

(Ord. 45, Z-§ 801, 5/12/76; as amended by Ord. 285, 7/1/1992, § 2)

   1.   Residential Uses. The PRD shall contain at least one of the following housing types: (Ord. 285)

      A.   Detached Single Family Dwellings.

      B.   Two Family Detached Dwellings (Duplex/Twin). (Ord. 285)

      C.   Attached Single Family Dwellings.

      D.   Low Rise Apartments.

      E.   Mid-Rise Apartments.

   2.   Mix of Housing Types.

      A.   In determining the mix of residential uses and housing types in a PRD, no one type of housing shall exceed 60% of the total proposed housing units; provided, that detached single family dwellings shall consist of at least 40% and may exceed 60%, of the total proposed housing units. (Ord. 285)

      B.   The general standards for housing mix set forth in this section may be modified by the official review agency where it is the opinion of the review agency that the findings of the site analysis justify a modification. Where proposed housing mixes deviate from the general standards set forth in this section, the burden of proof shall be upon the developer to demonstrate that the proposals are in general accord with the Township Comprehensive Plan and that characteristics of the PRD site, the housing market it is intended to serve and the surrounding area justify a mix of housing than otherwise is permitted.

   3.   Non-Residential Uses. Non-residential uses may be permitted in a Planned Residential Development to the extent that they are designed and intended to serve the daily and convenient shopping, personal service and recreational needs of the Planned Residential Development residents, or others utilizing its associated recreational facilities and are compatible and harmoniously incorporated into the unitary design of the Planned Residential Development. Without limitation, the following specific non-residential uses may be permitted: (Ord. 285)

      A.   Uses commonly associated with the type of recreational facilities located at the site (for example, golf courses and related facilities, pools, tennis courts, community center, recreation building, etc.) (Ord. 285)

   4.   Density Requirements.

      A.   The average gross residential density for the total PRD site shall not exceed 4 dwelling units per acre.

      B.   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.

      C.   Common Open Space.

         (1)   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. Common open space includes recreation areas, steep slopes, floodplains and easements free of paving and structures, but not including parking areas, streets and yard areas within 15 feet of dwellings, or individual single or two family lots. (Ord. 285)

         (2)   The provisions of Zoning Ordinance, § 27-514, "Alluvial Soil Area and Major Drainage Swale Area Regulations," shall apply only to those portions of the site which are found to contain potential hazards due to flooding, chronic wetness, or pollution, as determined by the results of the detailed on-site soil and drainage survey set forth in Subsection (3). "Regulations and Procedures for Areas Designated as Alluvial Soil and Swale Drainage Areas," Subsection (A)(1) and subject to the landowner complying with the requirements of Subdivision and Land Development Ordinance, § 27-406, "Storm Drainage Systems," including, but not limited to, Subsection (2), "General Requirements," (E) and (H). (Ord. 285)

      D.   All uses which are neither residential nor recreational shall not, in the aggregate, occupy more than 5% of the total site area. (Ord. 285)

   5.   Building Siting, Building Coverage and Net Residential Density. Within the general standards established in this section, the suitability of building siting, building coverage and net residential density in specific sections of the Planned Residential Development will be determined subject to the qualitative standards set forth for the site design of residential uses and common open space in § 27-803.

   6.   Lot Sizes and Minimum Design Standards. The lot sizes and minimum design standards set forth in the tabulations listed below are permitted within the PRD for each respective use:

      A.   Table A - Detached Single Family Dwellings and Two Family Detached Dwellings (Duplex/Twin).

      B.   Table B - Various Multi-Family Dwellings.

      C.   Table C - Nonresidential Standards.

 

 

 

(Ord. 45, Z-§ 802, 5/12/1976; as amended by Ord. 210, 4/13/1988, § 3; and by Ord. 285, 7/1/1992, §§ 3-7)

   1.   Site Analysis. In order to determine which specific areas of the total planned residential development 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, a thorough analysis of the natural features of the site will be required. The following subject categories must be included in this analysis.

      A.   HYDROLOGY - Analysis of natural drainage patterns and water resources including an analysis of streams, natural drainage swales, ponds or lakes, wetlands, flood plain areas, permanent high water table areas and seasonal high water table areas throughout the site.

      B.   GEOLOGY - Analysis of characteristics of rock formations underlying the site including defining aquifers (particularly those locally subject to pollution), shallow bedrock areas and areas in which rock formations are unstable.

      C.   SOILS - Analysis of types of soils present in the site area including delineation of prime agricultural soil areas, aquifier recharge soil areas, unstable solid, soils most susceptible to erosion and soils suitable for urban development. The analysis of soils will be based on the County Soils Survey of the U.S. Soil Conservation Service.

      D.   TOPOGRAPHY - Analysis of terrain of site including mapping of elevation and delineation of slope areas over 25%, between 15% and 25% and under 15%. (Ord. 285)

      E.   VEGETATION - Analysis of tree and plant cover of the site, emphasizing the location of woodland and meadowland areas. Dominant tree and plant species should be identified and the characteristics of each understood.

   2.   Generalized Market Synopsis.

      A.   The general housing market shall be analyzed to determine reasonable forecasts of market demand for various type(s) of housing on the proposed site. This information will be used to confirm or modify the housing type(s) proposed, sale price or rental and amenities proposed by the developer. The findings will be presented in a summary or synopsis form in the final report.

   3.   Impact Analysis.

      A.   In order to determine the community impact of the proposed development on the Township, certain information shall be provided by the developer at the tentative plan stage as follows:

         (1)   Water and Sewer. Developer shall provide estimates of its water and sewer capacity needs at build-out; of the availability of such capacities (as estimated by the relevant public utilities or municipal systems); and of the cost to the Township (if any) of assuring the availability of service to the development.

         (2)   Traffic.

            (a)   Developer shall provide estimates of trips generated from the development for 2 "peak" and 2 "off-peak" weekday hours, using trip generation assumptions consistent with current Institute of Traffic Engineers (ITE) data and estimates for comparable circumstances and comparable uses.

            (b)   In addition, between tentative plan approval and final plan review, developer shall provide intersection evaluation for those intersections which are likely to be impacted by more than ten 10% by traffic from the development during any peak hour used in the initial trip generation study. This secondary intersection evaluation shall review turning movements and levels of service and shall suggest appropriate remedial actions to be taken to alleviate delays and other deficiencies at such intersections.

         (3)   Schools. Developer shall identify the anticipated number of school children which are likely to be generated by the development and shall identify the schools which are likely to serve them, noting current enrollment capacities in each (if such data is readily available to developer from the school district office).

         (4)   Recreation. Developer shall identify all recreation facilities, both passive and active, to be provided as part of the development plan.

         (5)   Public Safety. Developer shall identify any unique police or fire fighting demands likely to be caused by the development, if any.

         (6)   Roadway Additions. Developer shall determine the number of lineal feet of roadway proposed for the development. Additionally, if sufficient data is readily available from the Township to determine the number of lineal miles of existing roadway in the Township, a fraction should be created which establishes the anticipated percentage increase in roadways likely to be caused by the development at build-out.

(Ord. 285)

(Ord. 45, Z4803, 5/12/76; as amended by Ord. 285, 7/1/1992, § 8,9)

   1.   Residential Uses.

      A.   The natural features of the PRD site shall be a major factor in determining the siting of dwelling unit structures. The results of the Natural Features Analysis shall be considered in the siting of all dwelling unit structures.

      B.   Conventional siting practices such as building setbacks from streets and minimum distances between buildings may be varied in order to produce an attractive and interesting arrangement of buildings. The requirements of § 27-802, "Land Use Control and Land Use Density Requirements," 6. "Lot Sizes and Minimum Design Standards," as amended, shall be met, unless waived, modified, or approved otherwise by the Township Council. (Ord. 285)

      C.   Dwelling unit structures shall be located and cited so as to promote pedestrian and visual access to common open space wherever possible.

      D.   Dwelling unit structures shall be located and arranged so as to promote privacy for residents within the PRD and maintain privacy for residents adjacent to PRD. Mid-rise 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 low rise structures.

      E.   Dwelling unit and other structures located within 200 feet of the perimeter of a Planned Residential Development must be set back by a distance sufficient to avoid any incongruity with adjacent existing uses. In no event shall a building be located less than 30 feet from the perimeter boundary line of the PRD, except along a Township boundary line where the contiguous land in the adjacent Township is developed as part of the same PRD. [Ord. 285]

      F.   The following specific accessory uses and/or structures shall be governed by the corresponding Section of this Zoning Ordinance listed below:

         (1)   § 27-407, “Accessory Buildings” shall apply to PRDs in the PR District, as well as the PUD zone. [Ord. 501]

         (2)   § 27-501, “Fences, Walls and Hedges.”

         (3)   § 27-503, “Private Swimming Pools.” [Ord. 285]

      G.   For the purposes of this subsection, the word “structure” shall mean only usual and customary residential principal and accessory uses and buildings. [Ord. 285]

   2.   Commercial Uses.

      A.   All commercial uses shall be located in not more than two areas of the Planned Residential Development, one area of which shall consist of at least two contiguous acres.

      B.   All commercial uses shall be located with direct access to either a collector or arterial street. If the total parking requirements for such uses is 100 parking spaces or more, the uses must be located on either a collector street or arterial street. [Ord. 285]

      C.   Signs for commercial uses are permitted subject to the following restric tions:

         (1)   A single sign for a commercial center is permitted. such signs shall be limited to a height of 6 feet with a total area of 30 square feet.

         (2)   Signs for individual uses shall be permitted on the structure. Roof signs or free-standing signs for individual uses are prohibited. Such signs shall be limited to the store name and shall be no more than 30 square feet in extent and shall be parallel to the structure.

         (3)   Signs may be illuminated by shielded flood lights providing such lighting is designed and located so as to direct light away from adjacent residences. Lights shall be illuminated only during times when nonresidential uses are open to the public.

         (4)   No sign shall have a flashing, moving, rotating, oscillating, shuttered or similar device or shall be made of material designed to provide reflections.

   3.   Common Open Space.

      A.   The location, shape, size and character of the common open space shall be provided in a manner consistent with the objectives set forth for PRD in this Chapter, concerning the conservation of natural resources and the creative use of land to obtain a living environment of stable character, with natural feature constraints determined through Natural Features Analysis.

      B.   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.

      C.   Whenever possible, common open space shall be designed as a contiguous area interspersed with residential areas with pedestrian and visual access available to all residents of the PRD.

      D.   Significant natural features such as woodland areas, large trees, natural water courses and bodies of water, rock outcroppings and scenic views shall be incorporated into common open space areas whenever possible. However, no less than 20% of the total common open space area shall be suitable for intensive use as an active recreation area, which shall include, but not be limited to, golf courses, tennis courts, swimming pools, play grounds, ball fields, soccer fields, bike paths, hiking trails, etc. [Ord. 285]

      E.   Development of the PRD must be planned so as to coordinate the establish ment of common open space areas and the construction of dwelling units.

   4.   Streets.

      A.   The street system of the Planned Residential Development shall be designed so as to relate harmoniously with land uses within and adjacent to the PRD through the establishment of a hierarchy of roadway functions which includes collection and local streets, to create a separation of automobile and pedestrian traffic through the coordinated design of streets, dwelling units, common open space areas and pedestrian walkways, to create efficient and safe connections with the existing road system of the municipality in order to insure proper ingress and egress to and from the PRD and to minimize through traffic in residential areas.

      B.   Collector streets and local streets in the Planned Residential Development shall be so designated and shall have a minimum right-of-way of 60 feet and 50 feet, respectively. Where the results of the Community Impact Analysis indicate a need for greater or lesser right-of-way and cartway widths, the modifications may be authorized by the Township Council. [Ord. 285]

      C.   Cul-De-Sac and Stub Streets.

         (1)   Cul-de-sac streets shall not provide sole vehicle access to more than 25 dwelling units. Cul-de-sac streets shall have a turning circle with a hedges, dense planting, earth berms or changes in grade or walls and shall be a minimum of 20 feet from all structures, access roads and streets, unless allowed otherwise elsewhere in these PRD provisions. [Ord. 285]

      D.   Parking areas shall be arranged so as to prevent through traffic to other parking areas.

      E.   No more than 15 parking spaces shall be permitted in a continuous row without being interrupted by landscaping approved by the official review agency.

      F.   No more than 60 parking spaces shall be accommodated in any single parking area.

      G.   The construction of off-street parking areas shall be in conformance with construction standards set forth in the Township Subdivision and Land Development Ordinance, unless modified and approved by the Township Council. [Ord. 285]

   6.   Lighting.

      A.   All streets, off-street parking areas and areas of intensive pedestrian use shall be designed and located so as to direct light away from adjacent residences.

      B.   Adequate lighting shall be provided after dark. Appropriate lighting fixtures shall be provided for walkways and to identify steps, ramps and signs. Such lighting shall be designed and located so as to direct light away from adjacent residences.

   7.   Sewer and Water Utilities. Planned Residential Developments shall be provided with a public sanitary sewer system and public water system.

   8.   Soil Erosion Control and Storm Drainage.

      A.   The PRD shall be designed and constructed so as to minimize site clearance and earth moving. The results of the Natural Features Analysis shall be taken into account in determining areas suitable for site clearance and earth moving.

      B.   Where site clearance and earth moving are necessary, erosion control measures shall be undertaken in accordance with standards set forth in Appendix C of the Erosion and Sediment Control Handbook of the County Soil and Water Conservation District.

      C.   STORM DRAINAGE - the storm drainage system for a Planned Residential Development shall be designed and constructed so as to minimize erosion and flooding, using as necessary, drainage easements, swales, catchment basins, silt traps and the design of cartways so as to minimize runoff. The determinations of the Site Analysis of Natural Features shall be taken into account in designing and constructing the storm drainage system. The design and construction of the system shall be consistent with the design and improvement standards for storm drainage set forth in the Township Subdivision and Land Development Chapter.

   9.   Tree Conservation and Landscaping.

      A.   Existing trees shall be preserved wherever possible. The protection of trees 6 inches or more in diameter (measured at a height of 4 1/2 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.

      B.   Where extensive natural tree cover and vegetation does not exist and cannot be preserved on the PRD site, landscaping shall be regarded as an essential feature of the PRD. In these cases, extensive landscaping shall be undertaken in order to enhance the appearance of the PRD, aid in erosion control, provide protection from wind and sun, screen streets and parking areas and enhance the privacy of dwelling units.

      C.   Street trees shall be provided along all arterial and collector streets. No less than two 2 inch caliper trees, measured at 4 1/2 feet above the finished grade, shall be provided for each 50 foot increment of street at a depth sufficient to avoid future problems of grading and buildings. [Ord. 285]

(Ord. 45, Z-§ 804, 5/12/76; as amended by Ord. 285, 7/1/1992, §§ 10-15; and by Ord. 501, 3/17/2010, § 4)

   1.   Telephone, electric and cable TV utilities shall be installed underground.

   2.   Refuse stations to serve residential, recreational and commercial areas shall be designed with suitable screening and located so as to be convenient for trash removal and not offensive to nearby residential areas.

   3.   With the exception of standards explicitly set forth in this PRD Part 8 of the Zoning Chapter, site design and site improvements shall conform to standards set forth in the Township Subdivision and Land Development Chapter (See Chapter 22), unless waived or modified by the Township Council. [Ord. 285]

(Ord. 45, Z-§ 805, 5/12/76; as amended by Ord. 285, 7/1/1992, § 16)

   1.   The developer shall make provisions which insure that the common open space land shall continue as such and be properly maintained. The developer shall provide for and establish an organization for the ownership, maintenance and preservation of open space which shall conform to the following standards and procedures:

      A.   The organization shall be established by the developer before the sale or rental of dwelling units in the PRD.

      B.   The form, financial capability, rules of membership and method of cost of the organization shall be devised so as to insure the successful fulfillment of the maintenance, preservation and improved responsibilities of the organization.

      C.   Preservation of Common Open Space.

         (1)   The organization responsible for maintenance, preservation and improvement of common open space areas shall be the sole owner of the common open space lands.

         (2)   The developer may satisfy the provisions of this Section by the establishment of various organizations adapted to the particular needs of the owners and occupants of certain areas of the PRD (such as condominium owners associations, fee simple owner associations, recreation facility owners and the like). The developer may establish a master organization responsible for common open space and common facilities enjoyed by various types of users, which master organization shall also be subject to this Section.

         (3)   Any organizations established to satisfy the requirements of this Section and all owners, lessees and other users of lands within the PRD, shall be subject to the provisions of § 27-806(1)(E) below.

(Ord. 285)

      D.   The organization shall have or hire adequate staff to administer common facilities and maintain the common open space.

      E.   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 and 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 PRD 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 Municipality, upon its initiative or upon the request of the organization theretofore 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 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.

      F.   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 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.

   2.   Public Dedication of Common Open Space. 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 accepted by the Township shall constitute a fulfillment of responsibility for providing and maintaining common open space areas. Under any other circumstances, provision for dedication must be made subject to § 27-806(1).

(Ord. 45, Z-§ 806, 5/12/76; as amended by Ord. 285, 7/1/1992, § 17)

   1.   The Township Council may permit or require a Planned Residential Development to be developed in stages according to the following standards: (Ord. 285)

      A.   The location and approximate lime of construction of each stage are clearly marked on the development plan.

      B.   The stages are completed consistent with the development plan and are of such size and location that they constitute economically sound units of development.

      C.   To encourage flexibility of housing density, design and type in accord with the purpose of this Chapter, gross residential density may be varied from stage to stage. (Ord. 285)

(Ord. 45, Z-§ 807, 5/12/76; as amended by Ord. 285, 7/1/1992, § 18)

   1.   Pre-Application Consultation.

      A.   Prior to the preparation and submission of an Application for Tentative Approval, a Pre-Application Consultation meeting shall be held with the Township Planning Commission by the prospective Applicant for tentative approval. The purpose of the informal meeting is to discuss the general intent of the landowner, to consider relationships to the Township Comprehensive Plan and to outline the approval process and the specific requirements for Plan preparation and submission. No statement or representation of the Township Planning Commission shall be binding on the Township. A sketch plan shall be submitted showing at least the following information:

         (1)   Tract boundaries, acreage and north point.

         (2)   Streets on and adjacent to the tract.

         (3)   Significant natural features.

         (4)   Proposed general street layout, general land use pattern and general lot and building arrangement.

   2.   Application for Tentative Approval.

      A.   Fees.

         (1)   The application for tentative approval shall be executed by or on behalf of the landowner and filed with the Township Council.

         (2)   An initial deposit in the amount of $1,000 shall be paid upon filing of the application to be applied against the expenses of processing the application.

         (3)   Additional deposits shall be made from time to time as requested by the Township Council, not to exceed actual expenses incurred by the Township.

         (4)   Expenses of processing and reviewing the application shall include the fees of the Township Solicitor, the Township Engineer and other services related to such processing and review, together with all other reasonable "out of pocket" expenses incurred by the Township.

         (5)   At the conclusion of the tentative application process, the landowner shall receive an itemized statement of receipts and expenditures; and the remaining deposit, if any, shall be returned to the landowner.

         (6)   Disputes regarding the deposit and review fees shall be resolved as provided by Pennsylvania Municipalities Planning Code, Section 503(1).

Ord. 285)

      B.   The application for tentative approval shall include documentation illustrating compliance with all of the standards for Planned Residential Development set forth in § 27-801 through § 27-806 and shall constitute the development plan for the Planned Residential Development.

      C.   Required documentation shall include, but not be limited to materials illustrating the following information:

         (1)   The location, size and topography of the PRD site.

         (2)   The nature of the landowner's interest in the Planned Residential Development.

         (3)   The proposed land use areas within the PRD distinguishing between types of residential, non-residential and open space uses.

         (4)   The land use density of each land use within the PRD and the average gross residential density for the entire Planned Residential Development.

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

         (6)   The location, function, size, ownership and manner of maintenance of the common open space.

         (7)   The location, rights-of-way and cartway widths of proposed streets and the location and capacity of areas for the parking of vehicles.

         (8)   The feasibility of proposals for sanitary sewerage, water supply and storm water disposition systems.

         (9)   The proposed location for all underground utility lines.

            (a)   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 provision thereof

            (b)   In the case of plans which call for development in stages, a schedule showing the approximate time within which application 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 submission for tentative approval.

      D.   Application for tentative approval shall include the following plans and documents necessary in order for the Township Council to determine the adequacy of the proposals indicated above:

         (1)   A site map or maps at a scale of 1 inch equals 50 feet or 100 feet, delineating the hydrology, geology, soils, topography and vegetation of the site as explained in § 27-803(1). The combined impact of the natural features upon the development potential of each specific area of the site will be clearly illustrated on the map or maps. (Ord. 285)

         (2)   An impact analysis in accordance with § 27-803, "Site, Market and Impact Analysis, 3. Impact Analysis, shall be included in the application for tentative approval. (Ord. 285)

         (3)   A site plan at a scale of 1 inch equals 50 feet or 100 feet illustrating the following information: (Ord. 285)

            (a)   Contour lines at vertical intervals of not more than 2 feet for land with average natural slope of 15% or less and at intervals of not more than 5 feet for land with average natural slope exceeding 15%. (Ord. 285)

            (b)   Types and approximate location of all buildings.

            (c)   Function, right-of-way and cartway width and approximate location for all streets and proposed connections with the public street system. Approximate location and size of all parking areas.

            (d)   Approximate location of all common open space areas indicating size, nature of facilities, uses and structures, if any.

            (e)   Approximate location, size and material of all sanitary sewer water supply and storm drainage system lines and any proposed connection to existing public facilities.

            (f)   A plan at 1 inch equals 800 feet illustrating the relation of the proposed PRD to the surrounding area and all existing development within 1,000 feet of the PRD.

            (g)   In the case of plans which call for development in stages, a plan at 1 inch equals 100 feet delineating each stage or section of the PRD consecutively numbered so as to illustrate phasing of development.

            (h)   A written statement by the landowner setting forth the reasons why, in his opinion, the PRD would be in the public interest and would be consistent with the Township's Comprehensive Plan.

            (i)   One copy of every application for tentative approval received by the Township Council shall be promptly forwarded to the Hanover Township Planning Commission and one copy shall be promptly forwarded to the Joint Planning Commission Lehigh-Northampton Counties for study and recommendation as required by law. The Planning Commissions shall review and report upon the application to the Township Council within 30 days of such referral. One copy of each report of each Planning Commission shall be furnished to the landowner not less than 5 days before the appointed time of the public hearing provided for in § 27-808(3).

   3.   Public Hearings.

      A.   Within 60 days after the filing of a complete application for tentative approval of a Planned Residential Development pursuant to this Section, a public hearing pursuant to public notice on said application shall be held by the Township Council in accordance with the MPC, Section 908. The chair, or, in his/her absence, the acting chair, of the Township Council may administer oaths and compel the attendance of witnesses. All testimony by witnesses at any hearing shall be given under oath and every party of record at a hearing shall have the right to cross-examine witnesses. (Ord. 285)

      B.   A verbatim record of the hearing shall be caused to be made by the Township Council whenever such records are requested by any party to the proceedings; but the cost of making and transcribing such a record shall be borne by the party requesting it and the expense of copies of such record shall be borne by those who wish to obtain such copies. All exhibits accepted in evidence shall be identified and duly preserved or, if not accepted in evidence, shall be properly identified and the reason for the exclusion clearly noted in the record.

   4.   Findings.

      A.   The Township Council shall, by official written communication to the landowner, within 60 days following the conclusion of the public hearing provided for in this Section or within 180 days following the filing of the application for tentative approval, whichever occurs first, either:

         (1)   Grant tentative approval of the development plan as submitted.

         (2)   Grant tentative approval subject to specified conditions not included in the development plan as submitted.

         (3)   Deny tentative approval to the development plan.

(Ord. 451)

      B.   Failure to so act within said period shall be deemed to be a grant to 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 Township Council notifying such agency of his refusal to accept all said conditions, in which case, the Township Council shall be deemed to have denied tentative approval of the development plan. In the event the landowner does not, within said period, notify the Township Council of his refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted.

      C.   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, for the denial and said communication shall set forth with particularity in what respect 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 Township.

         (2)   The extent to which the development plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to, density, bulk and use and the reasons why departures are or are not deemed to be in the public interest.

         (3)   The purpose, location and amount of the common open space in Planned Residential Development, the reliability of the proposals for 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.

         (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 the residents of the Planned Residential Development in the integrity of the development plan.

      D.   In the event a development plan in granted tentative approval, with or without conditions, the Township Council 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. Except upon the consent of the landowner, the time so established between rant 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.

   5.   Status of Plan After Tentative Approval.

      A.   The official written communications provided for in § 27-08(4)(B) shall be certified by the secretary of the Township Council and shall be filed in his office and certified copy shall be mailed to the landowner. Where tentative approval has been granted, the same shall be noted on the zoning map.

      B.   Tentative approval of a development plan shall not qualify a plan of the PRD for recording nor authorize development or the issuance of any building permits. A development plan 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 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.

      C.   In the event that a development plan is given approval and thereafter, but prior to final approval, the landowner shall elect to abandon said development plan and shall so notify the Township Council in writing, or in the event the landowner shall fail to file 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 the may be amended from time to time and the same be noted on the zoning map and in the records of the secretary or clerk of the Township.

   6.   Application for Final Approval.

      A.   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 Council 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.

      B.   The application for final approval shall include a final plan at a scale of 50 or 100 feet to the inch. If the final plan is drawn in two or more sections, a key map showing the location of the several sections shall be placed on each sheet. The final plan shall show the following: (Ord. 285)

         (1)   Name of the Planned Residential Development and the municipality or municipalities in which it is located.

         (2)   Name and address of the landowner and developer.

         (3)   North point, graphic scale and date.

         (4)   Source of title to the land of the development as shown by the books of the recorder of deeds.

         (5)   Accurate boundary lines, with dimensions and bearings, which provide a survey of the tract, closing with an error of not more than 1 foot in 10,000 feet.

         (6)   Total number of lots, lot lines and lot numbers, where applicable, within the development with distances accurate to the nearest hundredth of a foot.

         (7)   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.

         (8)   Building coverage lines accurately locating all types of dwelling units,and non-residential structures, giving dimensions of the structures, distances to street rights-of-way and parking areas, with distances accurate to the nearest hundredth of a foot.

         (9)   Accurate dimensions of common open space 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 exact location of structures in common open space areas will be illustrated.

            (a)   Names, locations, cartways, rights-of-way and other dimensions of existing and proposed streets including center line courses and curve data.

            (b)   Locations and dimensions of parking areas and pedestrians walkways.

            (c)   Location and material of all permanent monuments and lot markers.

            (d)   Location and dimensions of easements for utilities and any limitations on such easements.

            (e)   The following certificates:

               1)   Certification with seal, by a registered engineer or land surveyor to the effect that the survey and plan are correct.

               2)   Certificate for approval by the Township Council.

               3)   Certificate of dedication of streets, public facilities sites, or open space when such dedication is proposed.

            (f)   In the case of a Planned Residential Development proposed to be developed over a period of years, final plan requirements will apply only to the section for which final approval is 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 system and street systems presented for the entire development in the application for tentative approval.

      C.   The final plan shall be accompanied by the following materials:

         (1)   Final drawings for the installation of all improvements based on sections § 27-804(4) through § 27-804 (7) of this Part and the applicable section of the Township Subdivision and Land Development Chapter. Final profiles and cross-sections for street, sanitary sewer, water supply and storm drainage system improvements shall be presented. Each system shall be illustrated on one or more separate sheets.

         (2)   Representative architectural drawings illustrating exterior designs of typical dwelling units of each type and nonresidential structures to be constructed. (Ord. 285)

         (3)   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 Township Attorney as to their legal sufficiency.

         (4)   Restrictions of all types which will run with the land and become covenants in the deeds of lots shown on the final plan.

         (5)   Such certificates of approval by authorities as have been required in this Chapter including certificates approving the water supply system and the sanitary sewer system.

      D.   The Township Council shall render a final review and decision upon the plan.

   7.   Guarantee of Improvements. In order to guarantee the improvements as set forth in this Section and in the Township Subdivision and Land Development Chapter, to the extent to which it applies, the final plan will be accompanied by one of the following, which shall be posted, administered and released in accordance with MPC Sections 509 and 510: (Ord. 285)

      A.   A certificate from the applicant, signed by the Township Council that all improvements and installations in the development required by these regulations shall be made or installed in accordance with specifications; or,

      B.   A certificate from the applicant, signed by the Township Council that a bond, certified check, or other security satisfactory to the Township Council has been filed with the Township; or

      C.   A bond, certified check or other security satisfactory to the Township Council which shall:

         (1)   Run or be made payable to the Township.

         (2)   Be in an amount determined by the Township Council to be sufficient to complete the improvements and installation in compliance with these regulations.

         (3)   In the case of a bond, it shall also be with surety satisfactory to the Township Council and be in form, sufficiency and execution acceptable to the Township Council.

         (4)   The bond, certified check or other acceptable securities shall specify the time for the completion of the required improvements. Such time shall be satisfactory to the Township Council. When the improvements have been completed and approved by the Township Council, the guarantee shall be released and returned. As the required improvements progress and are approved by the Township Council, a portion of the bond, monies or other security commensurate with the cost of the improvement may be released and returned.

         (5)   In the event that cash or its equivalent is deposited as an improvement guarantee, it shall be held in an escrow fund.

   8.   Procedures After Application For Final Approval.

      A.   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 Section and the official written communication of tentative approval, the Township Council shall, within 30 days of such filing, grant such development plan final approval.

      B.   In the event the development plan as submitted contains variations from the development plan given tentative approval, the Township Council 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:

         (1)   Refile his application for final approval without the variations objected.

         (2)   File a written request with the Township Council 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 request for the hearing is made by the landowner and the hearing shall be conducted in the manner prescribed in this Section for public hearings on applications for tentative approval. Within 30 days after the conclusion of the hearing, the Township Council 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.

      C.   A development plan, or any part thereof, which has been given final approval shall be so certified without delay by the Township Council and shall be filed of record within 90 days after final approval has been granted in the office of the County 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 the time periods provided by MPC, § 508(4), or such longer time periods allowed by the final approval 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 except with the consent of the landowner. (Ord. 285)

      D.   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 Township Council in writing; or, in the event the landowner shall fail to commence or carry out the Planned Residential Development or of that part thereof, within the time periods provided by MPC, § 508(4), or such longer time periods that may be allowed by the final approval, 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 re-subdivided and is reclassified by enactment of an amendment to the Township Zoning Chapter in the manner prescribed in the Zoning Chapter.

(Ord. 45, Z-§ 808, 5/12/76; by Ord. 285, 7/1/1992, §§ 19-25; and by Ord. 451, 10/20/2004, § 5)

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 insure that modification, if any, in the development plan shall not impair the reasonable reliance of the said residents upon the provisions of the development plan, nor result in changes that would adversely affect the public 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 (i) the use, bulk and location of buildings and structures, (ii) the quantity and location of common open space, except as otherwise provided in this Chapter and (iii) the intensity of use or the density of residential units, 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 the Township by law.

      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 to that extent said provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced by law or by said residents acting individually, jointly, an organization designated in the develop-plan to act on their behalf; provided, however, no provision 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: (i) 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 PRD to maintain and enforce those provisions, at law or equity, as provided in this section; (ii) no modification, removal or release of the provisions of the development plan by the Township shall be permitted except upon a finding by the governing body or its designated agency, following a public hearing thereon pursuant to public notice called and held in accordance with the provisions of this Chapter, that the same is consistent with the efficient development and preservation of the entire PRD, 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 PRD 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 Part.

(Ord. 45, Z-§ 809, 5/12/76)