Harmar Township City Zoning Code
PART 10
PLANNED RESIDENTIAL DEVELOPMENT
§ 27-1001 Scope.
[Ord. 331, 11/17/1999, § 10.100]
1.
Definition. A planned residential development is a large area of land controlled by one landowner (individual, group or corporation), to be developed as an integrated whole for residential and nonresidential supporting uses, utilizing a greater density and latitude of building types and arrangement than would be permitted by the terms of this chapter in the Residential Zone District where proposed and by the Harmar Township subdivision regulations. A planned residential development presumes a significant area of the land is set aside for permanently open space, either under the control of the property owners in the plan, or as an extension of publicly owned park land, and also presumes parts of the site would be difficult or impossible to develop using conventional means because of steep slopes, floodplains or wetlands.
2.
Purposes of a Planned Residential Development.
A.
To foster innovation in residential development and renewal which will produce a variety in type, design and layout of buildings, circulation systems and open space.
B.
To encourage a more creative and efficient use of open space, land and community services.
C.
To provide a framework within which uses other than residential, but in support of the basic residential use, can be considered.
D.
To establish a procedure to relate the proposed development to the particular site and particular demand for housing consistent with preservation of property values on the site and in the neighborhood.
E.
To put in place a procedure for the uniform and rapid disposition for planned residential development proposals.
3.
Grant of Power.
A.
The Board of Supervisors shall have final authority on all planned residential developments and shall call and hold a public hearing pursuant to public notice before making a final decision.
B.
The Planning Commission shall review all planned residential development proposals, utilizing the report of the Township Engineer, and shall submit written recommendations to the Board of Supervisors at the preliminary plan stage.
4.
Location and Criteria.
A.
Planned residential developments shall be considered a conditional use, and may be proposed for sites in the R-1, R-2 or R-3 Zone Districts.
B.
The planned residential development plan is intended to be a reasonable departure from conventional development regulations and to allow the fitting of construction to the site with minimal rearrangement of the site surface and disturbance of the natural cover, including trees.
C.
A planned residential development shall be encouraged where steep slopes, flood hazard areas, wetlands or significant woods might be destroyed or seriously impacted by conventional subdivision, or where an existing park may be expanded or substantial new usable park, recreation or conservation area may be created.
D.
A planned residential development should not be encouraged where the site has no natural barriers to full development and will not add to the inventory of usable open spaces in the Township.
§ 27-1002 Development Standards.
[Ord. 331, 11/17/1999, § 10.200; as amended by Ord. 338, 7/19/2000, § I; by Ord. 344, 10/28/2002, § 1; and by Ord. 362, 7/25/2005, § 5]
1.
Uses Permitted Within a Planned Residential Development, by Zone District.
R-1 | R-2 | R-3 | |
|---|---|---|---|
Single-family detached dwelling | X | X | X |
Two-family detached dwelling | X | X | X |
Attached single-family dwelling | X | X | X |
Garden apartment building | X | ||
Churches and other places of worship | X | X | |
Schools accredited by the commonwealth | X | X | X |
Municipal and public utility structure and/or facility | X | X | X |
Personal care or retirement home | X | X | X |
Day-care center | X | X | X |
Community/recreation center to serve the planned development | X | X | X |
Private or group parking facility | X | X | |
Retail sales and service business | X | X |
2.
Notes on Above Permitted Uses.
A.
Attached single-family dwellings or townhouses shall be limited to no more than eight attached in a group, with the length of the group not exceeding 175 feet.
B.
Churches includes education facilities, social hall and parking lot.
C.
Schools includes public and private schools from kindergarten through grade 12 but does not include commercial or trade schools.
D.
Municipal and public utility structures and facilities include equipment within a public water or sewer system, stormwater facility, or gas, electric, cable TV or telecommunication network, as well as a public park or playground but does not include an office, warehouse, storage yard or parking lot.
E.
Personal care or retirement home shall not include a facility for mentally or physically challenged or for those under treatment for alcohol or drug abuse or in transition from a jail term.
F.
Community/recreation center may include one or more buildings, playfields, playgrounds, tennis/basketball courts and/or swimming pool.
G.
Retail sales and service business may include a delicatessen, dry cleaning and/or laundry pickup, office of an individual professional practitioner, such as a doctor, dentist, chiropractor, lawyer, architect or engineer, pharmacy, barber and/or beauty shop, provided no establishment has a floor area exceeding 2,000 square feet, plus off-street parking.
3.
Bulk and Dimensional Standards by Zone District.
R-1 | R-2 | R-3 | |
|---|---|---|---|
Minimum site size in acres | 20 | 5 | 3 |
Maximum number of dwellings per acre, using entire site | 3 | 6 | 9 |
Maximum building coverage of site, as a percent of total area | 8% | 15% | 20% |
Maximum percent of total area that may be occupied by retail or service businesses and parking | 0% | 8% | 10% |
Maximum percent of total area that may be occupied by personal care and retirement homes | 8% | 12% | 15% |
4.
Notes on Above Dimensional Standards.
A.
Site size shall include the entire area of the property to be occupied by the planned residential development except for existing public street rights-of-way.
B.
Maximum building coverage shall mean the total area occupied by all buildings, both existing and to be erected on the site.
C.
Maximum percent of total area that may be occupied by retail or service business shall mean all that area that is leased or sold for retail and/or service business use, including parking lots.
D.
Maximum percent of total area that may be occupied by personal care and retirement homes shall mean all that area that is leased or sold for construction of buildings containing at least three apartments each for personal care or retirement use.
5.
Lot Size, Setbacks and Building Separation.
A.
Minimum Lot Size and Minimum Setbacks for One- and Two-Family Detached Dwelling Lots.
R-1 | R-2 | R-3 | |
|---|---|---|---|
Lot size in square feet | 7,500 | 5,000 | 3,200 |
Front yard depth in feet | 20 | 20 | 20 |
Side yard depth in feet | 10 | 7 | 5 |
Rear yard depth in feet | 20 | 15 | 10 |
B.
Minimum Separation of Attached Dwellings and Townhouses.
(1)
Front or rear long walls of two buildings face each other: 50 feet.
(2)
Front or rear long wall of one building faces end wall of a second building: 35 feet.
(3)
End walls of two buildings, with at least one wall containing windows opening into one or more apartments: 35 feet.
(4)
End walls of two buildings, with neither wall containing any windows opening into an apartment-20 feet.
(5)
Walls of adjacent buildings shall be considered as facing each other if they are parallel or form an angle of not more than 45°.
(6)
If long walls would overlap by 10 feet or less if extended along planes at right angles to such walls to intercept, such walls may be separated by not less than 20 feet.
(7)
When building walls are not parallel to each other, the average distance between them, measured at right angles to one of the walls, shall be not less than the required minimum distance if the walls were parallel.
(8)
In no case shall two buildings be separated by less than 20 feet.
(9)
Minimum distances shall be construed as the shortest dimension between two buildings, including projecting balconies.
(10)
The above dimensional standards assume a rectangular structure with most or all windows opening into dwellings on front and back long walls. When structures are irregularly shaped, an average separation distance may be used or a compromise distance agreed upon at the Planning Commission's discretion.
C.
Setbacks Along Property Lines or Boundaries of Use Areas.
(1)
Single-family detached dwelling or two-family dwelling lot abutting site property line, in feet:
R-1 | R-2 | R-3 | |
|---|---|---|---|
Side yard | 20 | 15 | 10 |
Rear yard | 50 | 40 | 30 |
(2)
Townhouse or garden apartment building abutting site property line, in feet:
R-1 | R-2 | R-3 | |
|---|---|---|---|
Long wall faces property line | 50 | 40 | 30 |
End wall faces property line | 30 | 25 | 20 |
(3)
Townhouse or garden apartment building abutting a single-family detached or two-family dwelling lot within the planned residential development, in feet:
R-1 | R-2 | R-3 | |
|---|---|---|---|
Long wall faces property line | 40 | 35 | 30 |
End wall faces property line | 20 | 20 | 20 |
6.
Recreation Requirements.
A.
An area or areas totaling at least 5,000 square feet in area but no less than to provide 200 square feet for each dwelling unit shall be set aside by the developer in the plan convenient to the residents for recreation purposes.
B.
Such areas shall be located on land that does not slope at any place more than 6% and shall be provided with appropriate play equipment, benches and walkways.
C.
Such areas may be located in the common open space provided no trees over six-inch caliper are removed and only minimal grading is required.
7.
Miscellaneous Development Standards.
A.
The alignment and construction of streets within any planned residential development shall be in accordance with the Township's street construction standards, whether or not such streets are to become public streets.
B.
All structures in a development that are attached to a water supply shall be connected to public sewage disposal and water supply systems.
C.
All electric, telephone, cable TV and telecommunications lines shall be placed underground, but equipment may be pad-mounted if screened by landscaping.
D.
Each dwelling unit shall be provided with off-street parking spaces within 200 feet of the entrance of the dwelling building served. Every single-family detached dwelling, each unit in a two-family building or townhouse shall have two spaces. Each dwelling in a garden apartment building shall require 1 1/2 spaces. All parking spaces shall be at least nine feet wide by at least 18 feet long and placed on a dust-free stabilized surface.
E.
All areas of the site not covered by buildings, structures, or paved surfaces shall be either planted in natural materials or left in the state existing prior to development, except that poisonous or irritating plants shall be removed from the site.
§ 27-1003 Common Open Space.
[Ord. 331, 11/17/1999, § 10.300]
1.
Common open space shall include land whose slope exceeds 25%, floodplains as indicated on the Township's flood hazard boundary maps, wetlands, rock outcrops, dense areas of mature trees, stormwater management facilities, parks and playgrounds and inaccessible areas of the site.
2.
To the extent possible within the plan, common open space areas shall be connected or may be one large area, and no separate area shall be less than an acre in size. Common open space areas shall have at least one vehicular and one pedestrian access way from a street. Vehicular access shall be for maintenance only.
3.
Common open space areas shall be indicated as a separate property or properties on the site development and subdivision plans, and designated thereon as "common open space."
4.
The landowner/developer may offer all or a part of the common open space at no cost to the Township for purposes of expanding an existing recreation park or conservation area or creating a new such facility.
5.
Areas designated "common open space" shall be held by the landowner until deeded to an association of homeowners made up of all the property owners in the plan. The by-laws shall include the voting power of the residents, the methods to apply assessments, the election of officers and the mechanism that will bind the association to perpetual maintenance of the common open space.
6.
The association shall be responsible for the maintenance of improvements in the plan, including the open space, that are not under the jurisdiction of a public body. Expenses may also include administrative, legal, auditing and insurance. The association may develop recreation facilities within the common open space for the residents of the plan, but may not deed or sell any portion of the common open space except to the Township, school district or a public authority.
7.
If the association fails to maintain the common open space, the Board of Supervisors may serve written notice upon the association, or, if it no longer functions, the plan residents, noting the deficiencies in maintenance and requiring their correction within 30 days. The notice shall also state that a hearing will be held before the Board within 14 days after the date of the notice. At the hearing the association or residents may state why maintenance has not occurred and the Board may modify the terms of the notice and/or extend the time to make corrections.
8.
If the deficiencies are not corrected within 60 days after the hearing, the Township may enter the common open space and maintain it for a period of one year, at the end of which the Board shall call a second hearing, with notice to the association or residents, at which the association or residents shall show why the Township should cease maintenance based on the ability of the association or residents to again provide adequate maintenance. The process may be repeated annually until the Township is satisfied its involvement is no longer needed.
9.
The Township's entrance into the common open space shall not constitute a taking of land and shall not entitle the public to use the common open space. The cost of maintenance by the Township shall be assessed equally by the Township against the properties within the planned residential development and shall be a lien on such properties, to be filed by the Township with the Allegheny County Prothonotary at the time of the Township's commencement of maintenance.
§ 27-1004 Processing of Plans for Tentative Approval.
[Ord. 331, 11/17/1999, § 10.400; as amended by Ord. 362, 7/25/2005, § 6]
1.
The application for tentative approval shall be submitted by the landowner to the Township Engineer, and shall include all the materials required by § 27-1005 below at least 28 days prior to the next regular meeting of the Planning Commission, at which the application will be considered. The Engineer shall review the application for completeness and may advise the preparer of the application of deficiencies or omissions so that these may be corrected prior to the Commission meeting. The Engineer may report to the Commission any problems he foresees regarding the plan.
2.
The applicant shall provide five copies of the application, updated after the Engineer's review, to the Planning Commission at its next meeting. The Commission shall review the application and the Engineer's comments and shall recommend to the Board of Supervisors that the application be approved as submitted, approved with certain specific changes, or denied.
3.
The date of filing of the application shall be the date of the Planning Commission meeting. Within 60 days after the filing, the Board of Supervisors shall call and hold a public hearing on the application, pursuant to public notice. The hearing may be continued to a later date or dates but shall be concluded not later than 60 days after first being convened. Notice of the hearing shall appear twice, once in each of two consecutive weeks in a newspaper of general circulation in the Township, the second time not less than seven days before the hearing, and shall announce the date, time, place, and purpose of the hearing and the times and place when and where the application may be examined prior to the hearing. In addition, the property on which the planned residential development is proposed shall be posted in at least one prominent place with the same information contained in the notice at least seven days before the hearing.
4.
The Board shall conduct the hearing. The Chairman may administer oaths and compel the attendance of witnesses. All testimony shall be given under oath and every party of record shall have the right to cross examine adverse witnesses. A verbatim record shall be made but costs of copying shall be borne by those requesting copies. All exhibits accepted in evidence shall be identified and preserved until the conclusion of the hearing.
5.
Not later than 60 days after the conclusion of the last hearing, the Board shall officially notify the landowner in writing that the Board has either:
6.
If conditions are attached to approval, the applicant may either:
7.
The official written grant or denial of tentative approval shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for approval or denial and any attached conditions to approval, as well as specific reasons why the plan would or would not be in the public interest on the proposed site including, but not limited to, the following:
A.
In those respects in which the development plan is or is not consistent with the Comprehensive Plan for Harmar 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 or inadequacy 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 the design does or does not make adequate provision for public services, provides adequate control over vehicular traffic, and furthers the amenities of light and air, 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 which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and of the residents of the planned residential development in the integrity of the development plan.
8.
In the event a development plan is granted tentative approval, with or without conditions, the Township Board of Supervisors may 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 periods 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 grant of tentative approval and an application for final approval shall not be less than three months and, in the 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.
9.
The official written communication detailed in Subsection 7 shall be filed by the Secretary of the Township. A certified copy shall be mailed to the landowner. When tentative approval has been granted, this action shall be immediately recorded on the official Harmar Township Zoning Map outlining the site and designating it "PRD."
§ 27-1005 Contents of Tentative Approval Application.
[Ord. 331, 11/17/1999, § 10.500]
1.
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 Harmar Township.
2.
A site plan with supporting documentation showing at least the following:
A.
The location of the site relative to major streets and landmarks on an inset map; the total size of the site in acres to the nearest hundredth of an acre with the length and bearing of each tangent and arc of the site boundary in feet taken from the deed description or a survey; and existing topography in two-foot contour intervals.
B.
The division of the property into development areas, and the number of dwelling units, acres, and dwelling units per acre in each area.
C.
The location of all parts of the common open space, the area of each part in acres, the total acreage, and an outline of the by-laws of the homeowners' association and its duties regarding the common open space and other commonly held assets.
D.
The location, and dimensions and height in feet, as well as the proposed use of each existing to remain and new building on the site.
E.
The approximate location of existing and proposed sanitary sewer and water lines to serve the site; the location of the drainage lines and stormwater management system; and assurances from the suppliers of water and sewage disposal that the plan as fully developed can be accommodated.
F.
The location of easements within the site for the use of public utilities or other purposes; and restrictions to be imposed on any lands or buildings in the development.
G.
The location of public and/or private streets within and abutting the site, noting name, right-of-way and pavement width; parking lots for use by other than one or two-family dwellings, indicating circulation within the lot and the number of spaces to be provided in each lot.
H.
The general location of landscaping on the site in terms of existing tree groups to remain and proposed mass plantings to screen or enhance the site.
3.
In the case of plans which call for development over a period of years, a schedule shall be provided showing the proposed times within which applications for final approval of each section of the planned residential development is intended to be filed, such schedule to be updated annually, on the anniversary of its approval, until the full development is completed and accepted.
4.
The Planning Commission may, at its discretion, require a traffic study to be prepared at the expense of the landowner or applicant if it is clear the project will have a significant impact on roads adjacent to and near the project. Such study shall address existing traffic volumes and volumes generated by the project, particularly with reference to intersections providing access to the project, and shall recommend specific improvements to alleviate congestion at intersections and on adjacent roads.
§ 27-1006 Status of the Plan After Tentative Approval.
[Ord. 331, 11/17/1999, § 10.600]
1.
Tentative approval of a development plan shall not qualify 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 acceptable to the landowner, shall not be modified or revoked nor otherwise impaired by action of Harmar 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 § 27-1004, Subsection 8, above.
2.
If a development plan is given tentative approval, and thereafter, but prior to final approval, the landowner elects to abandon the development plan and so notifies Harmar Township in writing, or in the event the landowner shall fail to file an 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 the zoning regulations that applied prior to tentative approval of the development plan, or as they may have been amended from time to time, and the same shall be noted on the Township Zoning Map and in the records of Harmar Township.
§ 27-1007 Processing of Plans for Final Approval.
[Ord. 331, 11/17/1999, § 10.700]
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. The application shall be made to the Township Secretary within the time or times specified by the official written communication granting tentative approval. The application shall include the documents required by § 27-1008 as well as any covenants, easements, performance bonds and 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.
The application for final approval shall be forwarded immediately by the Secretary to the Township Engineer who shall determine if there are any deviations from the plan that was given tentative approval and if all conditions of tentative approval have been incorporated into the final plan. The Engineer may advise the plan preparer of any deviations or omissions he finds so these may be corrected prior to submission to the Board of Supervisors.
3.
The applicant shall provide copies of the final plan application together with the Engineer's review comments at the Board's next regular meeting, which shall be considered the date of filing.
4.
In the event the application for final approval has been filed together with all drawings, specifications and other documents in support thereof, and as required by this chapter and the official written communications of tentative approval, the Board of Supervisors shall, within 45 days of such filing, grant such development plan final approval and authorize the issuance of building permits.
5.
In the event the final plan as submitted contains variations from the development plan given tentative approval, the Board of Supervisors shall refuse to grant final approval and shall, within 45 days from the filing of the application for final approval, so advise the landowner in writing of said refusal, setting forth the reasons why one or more of the variations are not in the public interest. In the event of such refusal, the landowner may either:
6.
If the landowner wishes to take either such alternate action he may do so within 30 additional days after being informed of the Board's action. In the event the landowner shall fail to take either of these alternate actions within the specified 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 § 27-1004, Subsection 4 above. Within 30 days after the conclusion of the hearing, the Board shall by official written communication either grant final approval to the development plan or deny final approval.
7.
A development plan, or any part thereof, which has been given final approval shall be so certified without delay by the Board and shall be filed immediately in the office of the Allegheny County Recorder of Deeds before any development shall take place. Upon filing the development plan, the zoning and subdivision regulations otherwise applicable to the land included in the plan shall cease to apply. Pending completion within a reasonable time of the planned residential development or of any approved part, as the case may be, no modification of the provisions of the development plan or part thereof as finally approved, shall be made by the Township except with the consent of the landowner.
8.
In the event that a development plan, or a section thereof, is given final approval and thereafter the landowner abandons such plan or the section thereof that has been finally approved, and shall so notify the Board of Supervisors in writing or, in the event the landowner shall fail to commence and carry out the planned residential development within the time limitations contained in the tentative approval, no further development shall take place on the property included in the development plan until after the property is re-subdivided 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 Supervisors to the landowner.
§ 27-1008 Contents of Final Approval Application.
[Ord. 331, 11/17/1999, § 10.800]
1.
Graphic presentation including maps showing:
A.
The location of the site relative to major landmarks; outline of the area to be considered for final approval within area given tentative approval, and location of later areas indicating approximate dates when each later area will be submitted for final approval.
B.
The name and address of the landowner, the developer and the preparer of the application documents, including the latter's professional seal; the names of owners of record of abutting land and land directly across an intervening street; name of the proposed planned residential development; scale of each plan, profile or other drawing; north arrow, and date plans were prepared and dates of later revisions.
C.
The location of permanent monuments marking corners of the plan and street right-of-way edges.
D.
The location and alignment of existing streets abutting the development and new streets to be created in the plan, indicating name of street, right-of-way width and pavement width, sidewalks with width and location; cross section of new streets showing thickness and width of materials, sidewalks, slopes, drainage swales, etc.
E.
The location of each lot, including those to be dedicated to the homeowners' association or to a public body, each such lot numbered consecutively for each segment of the plan to be developed, with lot area, boundary bearings and distances, street setback line, use of the lot including number of dwelling units, and the approximate location of buildings other than one- or two-family homes.
F.
The location of public utilities as follows:
(1)
Sanitary sewers, showing sewers to serve each lot, size of each sewer line, entrance point or points of the system in the development into existing sewer lines, manholes numbered to correspond with profiles, pump stations and force mains, if any, and direction of flow in each sewer line.
(2)
Potable water, showing lines to serve each lot, entrance point or points connecting to existing water lines, size of each water line, and water storage vessels, if any.
(3)
Storm drainage, showing each storm sewer line by size and direction of flow, entrance to existing storm sewer, storm inlets numbered to correspond with profiles, detention basin or basins, including cross-sections, details to illustrate design, and calculations used to size the facility.
(4)
Equipment pad-mounted or in vaults to serve electric, telephone, cable TV, etc., indicating location and size of facility.
(5)
Easements for public utilities or access to common open space, indicating width, location and purpose of each.
G.
Profiles of street, sanitary sewer and storm drainage sewer center lines, showing the finished grade, depth of each sewer line, manholes and inlets numbered to correspond with plans, slope of each street segment and sewer lines, with transition curves noted on streets, length of each sewer line between manholes or inlets and station points along road segments to correspond with plan.
H.
Site grading showing existing contours to remain and new contours to accommodate the land at two-foot intervals throughout the site.
I.
Parking lots to serve garden apartments, townhouses, retail and service business development and community uses, showing each parking space, circulation into and within the parking lot, and sidewalks leading to entrances of buildings served by the parking.
2.
Written documentation attesting to the following:
A.
Copy of property deed showing that applicant is the landowner, including any mortgage holder.
B.
Statement by owner dedicating streets, rights-of-way and sites for public uses.
C.
Letters from public bodies supplying water and removing sanitary sewage that they will permit access to their systems.
D.
Bond or escrow account in favor of Harmar Township guaranteeing construction of streets, storm sewers and other improvements to become public as well as stormwater detention facilities and common open space improvements.
E.
Approval from PennDOT for curb cuts to access a state highway if one or more abut the site.
§ 27-1009 Enforcement and Modification of Provisions of the Plan.
[Ord. 331, 11/17/1999, § 10.900; as amended by Ord. 344, 10/28/2002, § 2]
1.
The provisions of the development plan relating to the use, bulk and location of buildings and structures, the quantity and location of open space, and the intensity of use and/or the density of residential dwelling units shall run in favor of Harmar Township and shall be enforceable in law or equity by the Township.
2.
The residents of the plan may also enforce the terms of the development plan at law or equity, but only to the extent expressly provided for, and in accordance with the development plan. The residents may act individually, jointly or as a homeowners' association, but only if the development plan, or the portion subject to the legal action, has been finally approved and recorded.
3.
Any provision of the development plan over which the Board of Supervisors has authority (see Subsection 1 above) may be modified, removed or released except for grants or easements relating to the service or equipment of a public utility; provided that:
A.
The rights of the plan residents to maintain and enforce the plan's provisions are not abrogated.
B.
C.
Planned residential development plans may be modified through the construction, reconstruction and repair of decks., porches, patios and similar unenclosed structures without the necessity of Board approval under Subsection 3B; provided, that this permission shall not supersede any deed restriction, covenant or agreement restricting the use of the land, nor any master deed, by-law or other document applicable to the association of homeowners in the plan or other related common interest ownership community, and that the modification complies with the following requirements:
(1)
The size of unenclosed structure does not exceed 30% of the ground floor area of the subject dwelling.
(2)
The unenclosed structure is attached to the subject dwelling.
(4)
Thirty days' written notice of the proposed modification, including a description of the size, location and design thereof, is provided by certified mail to: (a) the association of homeowners in the plan,; and (b) all owners of property in the plan located within 300 feet of the property upon which the modification is proposed.
(5)
A written recommendation is obtained from the association of homeowners in the plan. The association's failure to provide such a written recommendation within 30 days of its receipt of the notice referenced in Subsection 3C(4) above will be deemed a favorable recommendation from the association.
4.
If the residents of the plan modify, remove or release their rights to enforce the plan's provisions, this action shall not affect the right of the Township to enforce provisions over which it has authority.