Jackson Township Butler County
City Zoning Code
City Zoning Code
PART 11
Planned Residential Development
§ 27-1101 Purpose.
The purpose of the PRD planned residential development regulations of this Part 11 is to:
A.
Motivate developer creativity by encouraging greater variety in type, design and layout of residential dwellings;
B.
Conserve open space and encourage a more efficient use of land and public services;
C.
Insure increased flexibility of land development regulations;
D.
Accommodate changes in land development technology;
E.
Provide a procedure to relate the type, design and layout of residential development to the characteristics of a particular lot; and
F.
Encourage innovations in residential development to meet the growing demand for housing.
§ 27-1102 Statutory authority.
The provisions of this Part 11 are enacted pursuant to Article VII of the Municipalities Planning Code, 53 P.S. § 10701 et seq., as amended, the procedures and requirements of which are incorporated herein by reference.
§ 27-1103 General provisions.
A.
A planned residential development shall be permitted within the specific zoning districts specified in this chapter, subject to compliance with the provisions of this Part 11, this chapter and all applicable Township ordinances.
B.
The provisions of this Part 11 for approval of a planned residential development plan shall be a modification to and in lieu of procedures for approvals otherwise required in this chapter and the Subdivision and Land Development Ordinance (Chapter 22). In addition to the requirements of this Part 11, applicants and developers must also apply for and obtain any and all permits required by this chapter and any other Township ordinance. Failure to comply with the provisions of this Part 11 with respect to a recorded development plan shall be deemed to constitute a violation of this chapter.
§ 27-1104 Preapplication conferences.
A.
A sketch plan conference between a prospective applicant and the Zoning Officer and/or Township Engineer should be held prior to the preapplication conference with the Planning Commission and prior to the filing of any applications for tentative plan approval under this Part 11. The sketch plan conference requires no formal application fee.
B.
Prior to filing an application for tentative plan approval under this Part 11, a prospective applicant may appear before the Planning Commission for a preapplication conference to discuss the applicable regulations governing proposed development and the feasibility and timing of the applications for approval. The preapplication conference requires no formal application or fee. This opportunity is afforded to the prospective applicant to obtain information and guidance from the Planning Commission and Township officials before entering into binding commitments or incurring substantial expenses for plan preparation.
§ 27-1105 Tentative plan application and approval procedure.
A.
Tentative plan application procedure.
(1)
An application for tentative plan approval of a PRD shall be filed with the Zoning Officer, on forms as prescribed by the Township, no later than 11:00 a.m., prevailing time, at least 21 calendar days prior to the date of the regular meeting of the Planning Commission. The tentative plan application shall not be considered complete and properly filed unless or until all items required by Subsection B of this section, including the application fee and deposit, have been received by the filing date.
(2)
The Zoning Officer shall review the application to determine whether all materials required by Subsection B of this section and any other relevant Township ordinances have been submitted by the applicant.
(3)
Within 10 days of receipt of an administratively complete application, the Zoning Officer shall submit one copy of the application and any materials submitted therewith to the following entities for review: the Township Solicitor; the Township Engineer; any Township professional consultant deemed necessary by the Township Manager.
(4)
Revised plans shall be filed with the Zoning Officer by no later than 11:00 a.m., prevailing time, at least 21 calendar days prior to the date of the Planning Commission meeting in order to be considered at that meeting, or by no later than 11:00 a.m., prevailing time, at least 21 calendar days prior to the date of the Board of Supervisors meeting in order to be considered at that meeting.
B.
Tentative plan application contents.
(1)
The application for tentative plan approval shall be submitted to the Zoning Officer, in the form prescribed from time to time by the Township, with not fewer than:
(2)
The application for tentative plan approval shall contain the following:
(b)
The location, size, existing topography, proposed topography and the nature of the PRD proposed to be developed.
(c)
The density of land use to be allocated to parts of the site to be developed.
(d)
The location and size of the perimeter buffer yard and common open space, the location, size and type of improvements proposed within the perimeter buffer yard and common open space, and the proposed ownership and maintenance arrangements for the common open space.
(e)
The use and the approximate height, bulk and location of buildings and other structures.
(f)
The feasibility of proposals for water supply and the disposition of sanitary waste and water.
(g)
The substance of covenants, grants of easements, rights-of-way or other restrictions proposed to be imposed upon the use of the land, common open space, buildings and structures, including proposed easements or grants for public utilities.
(h)
The provisions for parking of vehicles and the location and width of proposed streets.
(i)
The location and design of all screening, buffer yards and landscaping, indicating the type, location and height of all plantings.
(j)
Renderings of proposed dwellings drawn to scale and including exterior materials and finishings.
(k)
The extent to which the proposed development plan deviates from the otherwise applicable Township land use, zoning and subdivision and land development regulations.
(l)
The tentative plans shall designate the use of open space, the type of maintenance to be provided and a planting plan or schedule.
[Added 12-16-2021 by Ord. No. 21-07[1]]
[1]
Editor's Note: This ordinance also renumbered former Subsection B(2)(l) through (n) as Subsection B(2)(m) through (o) respectively.
(m)
In the case of development plans which call for development over a period of years, a phasing plan and a schedule showing the proposed times within which applications for final approval of all phases of the development plan will be filed. This schedule must be updated annually, by the anniversary of its previous approval, until the development is completed and accepted.
(n)
A written statement submitted by the developer and/or landowner which sets forth:
[2]
The disposition of common open space lands and the provisions for their maintenance, ownership and control.
[3]
The purpose, location and amount of common open space within the development plan, the reliability of the proposal for maintenance and conservation of such common open space, and the adequacy or inadequacy of the amount and purpose of such common open space land as related to the proposed density and type of development.
(o)
Documentation of submission of application and applicable review fees to the Butler County Planning Commission.
C.
Township staff review.
(1)
The Township Zoning Officer and any other Township personnel or professional consultant, as directed by the Board of Supervisors or its designee, shall review the tentative plan application documents to determine if they are in compliance with this Part 11, this chapter, the Subdivision and Land Development Ordinance (Chapter 22), other applicable Township ordinances, the Township Comprehensive Plan and the Township planning objectives. These personnel and professional consultants shall provide comments and recommendations, including written findings, when directed by the Board of Supervisors or its designee.
(2)
The Township Engineer shall review the application documents to determine compliance with this Part 11, this chapter, the Subdivision and Land Development Ordinance (Chapter 22), the Township Stormwater Management Ordinance (Chapter 26, Part 1), and any other applicable Township ordinances and regulations, and sound engineering practices. The Township Engineer shall prepare a written report of his findings and recommendations, which the Township Zoning Officer shall provide to the Board of Supervisors, the Planning Commission, the Township Solicitor and any other Township personnel or professional consultant as directed by the Board of Supervisors or its designee.
D.
Planning Commission review and recommendation.
(1)
The Planning Commission shall review the tentative plan application and associated documents and forward its recommendation to the Board of Supervisors.
(2)
If the tentative plan is deemed to have outstanding comments or unaddressed concerns, the developer shall resubmit revised drawings, supporting reports, documents and other similar material for review by the Township staff, professional consultants and the Township Planning Commission.
(3)
The Planning Commission shall make a written recommendation to the Board of Supervisors for approval, approval with conditions or disapproval of the tentative plan application.
E.
Public hearing.
(1)
The Board of Supervisors shall hold a public hearing, pursuant to public notice, on the tentative plan application within the time periods and procedures required by the MPC. The public hearing shall commence within 60 days of the filing of an administratively complete tentative plan application. The public hearing may be continued from time to time; provided, however, that the public hearing or hearings shall be concluded within 60 days after the date of the first public hearing.
(2)
Public hearings shall be conducted in accordance with the requirements of Section 908 of the MPC, 53 P.S. § 10908.
F.
Tentative plan approval criteria. The Board of Supervisors shall grant tentative approval to a tentative plan if the applicant establishes that each of the following criteria is met:
(1)
The tentative plan complies with all applicable purposes, standards, criteria and conditions of this Part 11 and this chapter and preserves the community development objectives of this chapter.
(2)
Where the tentative plan departs from this chapter and the Subdivision and Land Development Ordinance (Chapter 22) regulations otherwise applicable to the subject property, such departures are in the public interest and promote the public health, safety and welfare.
(3)
The proposals for the maintenance and conservation of any proposed common open space are reliable, and the amount and extent of improvements of such open space are adequate with respect to the purpose, use and type of proposed residential development.
(4)
The physical design of the tentative plan adequately provides for public services, traffic facilities and parking, light, air, recreation and visual enjoyment. The tentative plan organizes vehicular ingress, egress and parking to minimize traffic congestion in the surrounding neighborhood.
(5)
The total environment of the tentative plan is harmonious and consistent with the neighborhood in which it is located. The tentative plan is sited, oriented and landscaped to produce a harmonious relationship of buildings and grounds within the development and to the buildings and grounds of adjacent properties. The tentative plan shall, to the fullest extent possible, preserve the scenic, aesthetic and historic features of the landscape.
(6)
The tentative plan affords a greater degree of protection of natural watercourses, topsoil, trees and other features of the natural environment and the prevention of erosion, landslides, siltation and flooding than if the subject property was developed in accordance with the provisions of this chapter and the Subdivision and Land Development Ordinance (Chapter 22) which would otherwise apply.
(7)
The tentative plan will be fully served by public utilities, public water systems, and a public sewer system or community sewage system, without reducing the level of service to the remainder of the Township.
(8)
The tentative plan shall not involve any element or cause any condition that may be dangerous, injurious, or noxious to any other lot or persons.
(9)
In the case of a tentative plan which proposes development over a period of years, the terms and conditions shall be sufficient to protect the interests of the public and of the residents of the planned residential development in the integrity of the development plan.
G.
Board of Supervisors action.
(1)
The Board of Supervisors shall render its decision on the tentative plan application, in writing, by certified mail, within 60 days following the conclusion of the public hearing provided for in this Part 11 or within 180 days after the date of the filing of an administratively complete application, whichever occurs first.
(3)
The Board of Supervisors shall not act on a tentative plan application unless the Township has received written review of the application by the Butler County Planning Commission or its designee, or unless at least 30 calendar days have passed since the date of referral to the Butler County Planning Commission.
(4)
The written decision granting or denying tentative plan approval shall set forth with particularity findings of fact and conclusions of law related to the following:
(a)
The manner in which the development plan would or would not be in the public interest.
(b)
The manner in which the development plan is or is not consistent with the Comprehensive Plan.
(c)
The extent to which the development plan departs from the requirements of this chapter and the Subdivision and Land Development Ordinance (Chapter 22) otherwise applicable to the subject property, including but not limited to density, bulk and use, and the reasons why such departures are not deemed to be in the public interest.
(d)
The purpose, location and amount of the common open space in the proposed development plan, 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.
(e)
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.
(f)
The relationship, beneficial or adverse, of the proposed development to the neighborhood in which it is proposed to be established.
(g)
In the case of a tentative 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.
(5)
In the event a development plan is granted tentative approval, with or without conditions, the Board of Supervisors may set forth in the written decision 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 phase 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 not be less than 12 months.
(6)
The applicant shall accept or reject the conditions attached to the tentative plan approval by giving written notice to the Zoning Officer within 30 calendar days of the date of the Board of Supervisors decision. If the applicant fails to give written notice to the Zoning Officer regarding acceptance or rejection of the conditions attached to preliminary approval within the required 30 calendar days, then the conditions shall be deemed accepted by the applicant.
(7)
If the Board of Supervisors approves the tentative plan application subject to certain conditions, then the developer shall not file a final plan application until all such conditions are addressed and complied with in a manner acceptable to the Township.
(8)
Approval of a tentative plan application shall only constitute authorization to proceed with preparation and filing of a final plan application once all conditions of approval have been addressed and complied with in a manner acceptable to the Township.
H.
Status of plan after tentative approval.
(1)
Approval of a tentative plan shall not qualify a plat of the planned residential development for recording nor authorize development or the issuance of any building permits.
(2)
In the event that a development plan is given tentative approval and thereafter, prior to final approval, the developer and/or landowner elect to abandon the development plan by written notification to the Township, or in the event the developer and/or landowner fail to file application(s) for final approval within the required time period(s), the tentative plan 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 granted shall be subject to the otherwise applicable Township ordinances.
§ 27-1106 Final plan application and approval procedure.
A.
Prerequisites to filing final plan application.
(1)
An application for final plan approval can be submitted, provided that:
(2)
An applicant that files a final plan application without proceeding through the improvement construction plan procedure referenced in § 22-307 of the Subdivision and Land Development Ordinance (Chapter 22) is deemed to have waived the improvement construction plan option and is deemed to have elected to post financial security with the Township for all improvements required by, and in accordance with the requirements of, this Part 11, this chapter and the Subdivision and Land Development Ordinance (Chapter 22).
B.
Final plan application procedure.
(1)
An application for final plan approval of a PRD shall be filed with the Zoning Officer, on forms as prescribed by the Township, no later than 11:00 a.m., prevailing time, at least 21 calendar days prior to the date of the regular meeting of the Planning Commission. The final plan application shall not be considered complete and properly filed unless or until all items required by Subsection C of this section, including the application fee and deposit, have been received by the filing date.
(2)
The Zoning Officer shall review the application to determine whether all materials required by Subsection C of this section and any other relevant Township ordinances have been submitted by the applicant.
(3)
Within 10 days of receipt of an administratively complete application, the Zoning Officer shall submit one copy of the application and any materials submitted therewith to the following entities for review: the Township Solicitor; the Township Engineer; any Township professional consultant deemed necessary by the Township Manager; and the Butler County Planning Commission or its designee.
(4)
The final plan may be submitted in phases or sections as shown on the approved tentative plan and phasing schedule pursuant to § 27-1105 of this chapter.
(5)
Revised plans shall be filed with the Zoning Officer by no later than 11:00 a.m., prevailing time, at least 21 calendar days prior to the date of the Planning Commission meeting in order to be considered at that meeting, or by no later than 11:00 a.m., prevailing time, at least 21 calendar days prior to the date of the Board of Supervisors meeting in order to be considered at that meeting.
C.
Final plan application content.
(1)
The application for final plan approval shall be submitted to the Zoning Officer, in the form prescribed from time to time by the Township, with not fewer than:
(2)
The application for final plan approval shall contain the following:
(b)
Accurately dimensioned locations of all proposed buildings, structures, parking areas and common open spaces.
(c)
The use and number of families to be housed in each structure.
(d)
Renderings of proposed dwellings.
(e)
Landscaping plan, including the location of sidewalks, trails and buffer yards.
(g)
The substance of covenants, grants of easements, rights-of-way or other restrictions proposed to be imposed upon the use of the land, common open space, buildings and structures, including proposed easements or grants for public utilities.
(h)
Provisions for the maintenance, ownership and operation of common open spaces and common recreation facilities.
(i)
Documentation of submission of application and applicable review fees to the Butler County Planning Commission.
D.
Township staff review.
(1)
The Township Zoning Officer and any other Township personnel or professional consultant, as directed by the Board of Supervisors or its designee, shall review the final plan application documents to determine if they are in compliance with this Part 11, this chapter, the Subdivision and Land Development Ordinance (Chapter 22), other applicable Township ordinances, the Township Comprehensive Plan and the Township planning objectives. These personnel and professional consultants shall provide comments and recommendations, including written findings, when directed by the Board of Supervisors or its designee.
(2)
The Township Engineer shall review the application documents to determine compliance with this Part 11, this chapter, the Subdivision and Land Development Ordinance (Chapter 22), the Township Stormwater Management Ordinance (Chapter 26, Part 1) and any other applicable Township ordinances and regulations, and sound engineering practices. The Township Engineer shall prepare a written report of his findings and recommendations, which the Township Zoning Officer shall provide to the Board of Supervisors, the Planning Commission, the Township Solicitor and any other Township personnel or professional consultant as directed by the Board of Supervisors or its designee.
E.
Planning Commission review and recommendation.
(1)
The Planning Commission shall review the final plan application and associated documents and forward its recommendation to the Board of Supervisors.
(2)
If the final plan is deemed to have outstanding comments or unaddressed concerns, the developer shall resubmit revised drawings, supporting reports, documents and other similar material for review by the Township staff, professional consultants and the Township Planning Commission.
(3)
The Planning Commission shall make a written recommendation to the Board of Supervisors for approval, approval with conditions or disapproval of the final plan application.
F.
Board of Supervisors action.
(1)
In the event that an administratively complete application for final plan approval has been filed in accordance with this Part 11 and the relevant tentative plan approval decision letter, the Board of Supervisors shall render its decision on the final plan application, in writing by certified mail, within 45 days following the regular meeting of the Planning Commission next following the date of filing of an administratively complete application, provided that should the next said Planning Commission meeting occur more than 30 days following the filing of an administratively complete application, said forty-five-day period shall be measured from the 30th day following the date of filing of the administratively complete application. The recommendation of the Planning Commission and the Planning Commission minutes containing the report of the Township Engineer shall be made a part of the record at the said Board of Supervisors meeting.
(2)
If the development plan as submitted contains variations from the development plan granted tentative approval, the Board of Supervisors may refuse to grant final approval. The Board of Supervisors must forward written notice of such refusal to the landowner and/or developer within 45 days following the regular meeting of the Planning Commission next following the date of filing of an administratively complete application, provided that should the next said Planning Commission meeting occur more than 30 days following the filing of an administratively complete application, said forty-five-day period shall be measured from the 30th day following the date of filing of the administratively complete application. This written notice of refusal shall set forth the reasons why one or more of the said variations are not in the public interest. In the event of such refusal, the landowner and/or developer may either:
(a)
Refile the application for final plan approval without the objected variations; or
(b)
File a written request with the Board of Supervisors to hold a public hearing on the application for final approval. This public hearing shall be held within 30 days of the Township's receipt of the request, and the hearing shall be conducted in accordance with the procedures for hearing on tentative plan applications. Within 30 days after the conclusion of the public hearing, the Board of Supervisors shall issue a written decision either granting or denying final plan approval; said decision shall be in the form required for tentative approval.
(3)
Either of these actions shall be taken at any time during which the landowner, applicant and/or developer is entitled to apply for final approval or shall be taken within 30 days of receiving the written notice of refusal if the time for filing the final plan application has already passed. In the event that the landowner and/or developer has failed to take any of these actions within the time specified, he shall be deemed to have abandoned the development plan.
§ 27-1107 Recording of approved final plan.
§ 27-1108 Abandonment of plan; revocation of approval.
The final approval of a development plan shall be revoked if the landowner and/or developer provides the Township with written notice of his intention to abandon the plan, or if the landowner and/or developer fails to commence and carry out the PRD in accordance with the time provisions referenced in Section 508 of the MPC, 53 P.S. § 10508, and/or the final plan approval decision. Upon the occurrence of such a revocation, no further development shall occur on the property that is the subject of the revoked development plan unless a subsequent development plan is approved and such development complies with this chapter and the Subdivision and Land Development Ordinance (Chapter 22).
§ 27-1109 Improvements.
No development plan for a PRD shall be finally approved unless all improvements required by this Part 11 have been installed in strict conformance with this Part 11 and the Subdivision and Land Development Ordinance (Chapter 22) or a guaranty that the improvements will subsequently be installed by the developer and/or landowner, in the form of financial security which complies with the requirements of Part 5 of the Subdivision and Land Development Ordinance (Chapter 22) and is from a source and in a form acceptable to the Township Solicitor. Such financial security shall provide for and secure to the public the completion of all improvements for the development plan and/or relevant phase within a period of two years from the date of the final approval of the development plan and/or relevant phase. The developer and/or landowner shall otherwise comply with the requirements of Part 5 of the Subdivision and Land Development Ordinance (Chapter 22).
§ 27-1110 General Design standards.
[Amended 12-16-2021 by Ord. No. 21-07]
A.
All improvements within the proposed PRD shall be designed and constructed in accordance with the requirements of this chapter, the Subdivision and Land Development Ordinance (Chapter 22), the Township Stormwater Management Ordinance (Chapter 26, Part 1), The Grading Ordinance (Chapter 9) and any other applicable Township ordinance, except as provided in this Part 11. If the provisions of this Part 11 are inconsistent with any other provision of a Township ordinance, then the provisions of this Part 11 shall govern.
B.
All PRDs shall comply with the respective standards of each PRD Form as set forth and defined in Article 11, PRD Form Standards, including but not limited to minimum site size, permitted uses, dimensional standards, and open space standards.
C.
Principal permitted uses.
(1)
Dwelling units of the type and proportion authorized by Article 12, PRD Form Standards.
(2)
Clubhouse.
(3)
Common open space.
(4)
Community sewage system.
(5)
Essential services.
(7)
Parks and playgrounds.
(8)
Nonresidential principal uses shall be authorized as a use permitted by right within the PRD in the TO. Transitional Overlay District, provided that such are authorized as permitted or conditional uses within the TO District, that each meets the dimensional and use standards otherwise applied by but not limited by this section or the associated conditional use standards, that the premises of such uses do not occupy an area exceeding 40% of the site area of the PRD, and that appropriate buffer yards are installed between use types by Part 21, Screening and Landscaping.
(9)
Permitted accessory uses. The accessory uses permitted on a lot or parcel within a PRD shall be strictly limited to the following:
D.
Ownership. The entire site for the proposed development plan shall be owned or controlled by the developer and/or landowner.
E.
Building groupings. Structures used for dwelling units shall be oriented so as to ensure adequate light and air exposures for walls containing main window exposures or main entrances. Each structure shall be arranged so as to avoid undue exposure to concentrated loading or parking facilities.
F.
Tree and plant preservation. Due to the unique nature of a PRD, the development plan shall maintain and preserve the existing trees and plant cover to the maximum extent possible, except in areas where roads, parking, dwelling units and adjoining curtilage, sewer and waterlines, utility lines, sidewalks and walking trails are proposed in accordance with this Chapter.
G.
All units and accessory structures shall be set back a minimum of 75 from the perimeter of the site and any adjoining existing street.
H.
Common open space.
(1)
General requirements. Common open space shall be arranged to take maximum advantage of the natural and physical characteristics of the site, to provide buffer yard provisions for adjacent parcels and to place common open space within easy access and view of a majority of the dwelling units. Common open space shall also be located within the development plan so as to comply with the following standards:
(a)
At least 15% of the common open space lands shall have an existing slope of 25% or less.
(b)
Common open space land shall be located so as to serve all residents of the development.
(c)
Common open space shall be dedicated, preserved and maintained so as to always remain open and available for use by the residents of the development.
(d)
Common open space land shall be accessible from a road within the development plan or shall adjoin and become part of an existing open space area that is accessible from a road within the development plan. The common open space shall also include and connect with the required perimeter buffer yard.
(e)
Common open space shall have a minimum width of 50 feet.
(f)
The common open space land shall be compact and contiguous.
(g)
Land preserved for common open space (with the exception of playgrounds and noncommercial recreation facilities) shall be maintained in its existing, natural character. The developer shall record restrictive covenants, in a form acceptable to the Township Solicitor, against the common open space land which provide that the common open space shall not be cleared or logged, except upon both the approval of the Township Board of Supervisors and strict compliance with the Township's then-existing standards and requirements for the same.
(2)
Location. design and layout.
(a)
The open space shall be laid out to the satisfaction of the Board of Supervisors in accordance with the best principles of site design shall be consistent with the Township Comprehensive and Open Space Plans and shall be located and designed as areas easily accessible to residents of the planned residential development and preserving natural features. Common open space areas should include both active recreation areas for all age groups and, particularly where the site includes a watercourse or hilly or wooded areas, land which is left as a natural area. The area of the open space that shall be appropriate for active recreational use is as outlined in each PRD form as community open space, no less than 50% of the open space area shall remain as a natural area.
(b)
The tentative and final plans shall designate the use of open space. the type of maintenance to be provided and a planting plan or schedule. In designating use and maintenance, the following classes may be used:
[1]
Lawn: a grass area with or without trees which may be used by the residents for a variety of purposes and which shall be mowed regularly to ensure a neat and tidy appearance.
[2]
Natural area: an area of natural vegetation undisturbed during construction, or replanted; such areas may contain pathways. Meadows shall be maintained as such. Maintenance may be minimal but shall prevent the proliferation of undesirable plants. Litter, dead trees and brush shall be removed and streams kept in free-flowing conditions.
[3]
Recreation area: an area designated for a specific recreational use, including but not limited to tennis, swimming, shuffleboard playfields and tot-lots. Such areas shall be located and maintained in such manner as not to create a hazard or nuisance and shall perpetuate the proposed use.
(3)
Reforestation shall be done in accordance with the approved Township construction standards.
(4)
Ownership requirements. The common open space land, including all improvements related thereto, shall be:
(a)
Dedicated for public use to a public body which agrees to accept, operate and maintain the dedicated land and facilities for their originally intended use, but no public body is obligated by this chapter to accept such dedication; or
(b)
Deeded to an organization representing the property owners of the development, which organization shall covenant to operate and maintain the land and facilities for their originally intended use. Such organization shall not be dissolved nor dispose of the common open space, by sale or otherwise, unless the maintenance of the common open space is otherwise guaranteed to the Township's satisfaction; or
(c)
Deeded to a conservation organization agreeing to operate and maintain the dedicated land and facilities for their originally intended use. Such organization shall not be dissolved nor dispose of the common open space, by sale or otherwise, unless the maintenance of the common open space is otherwise guaranteed to the Township's satisfaction.
(5)
Maintenance requirements.
(a)
In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after establishment of the PRD 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 of the PRD 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.
(b)
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 maintenance by the Township shall not constitute a taking of said common open space, nor vest in the public any rights to use the same.
(c)
Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization, or to the residents of the PRD, to be held by the Township Board of Supervisors or its designated agency, at which hearing such organization or the residents of the PRD 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 Board of Supervisors or its designated agency shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, then 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.
(d)
The decision of the Township Board of Supervisors or its designated agency shall be subject to appeal to court in the same manner and within the same time limitation as is provided for zoning appeals by this chapter.
(e)
The cost of such maintenance by the Township shall be assessed ratably against the properties within the PRD that have a right of enjoyment of the common open space and shall become a lien on said properties. The Township at the time of entering upon said common open space for the purpose of maintenance shall file a notice of lien in the Butler County Prothonotary's Office upon the properties affected by the lien within the PRD.
I.
Sidewalks and pedestrian trails.
(1)
Sidewalks shall be provided along the road frontage of all lots in the PRD in accordance with the construction and design requirements of the Subdivision and Land Development Ordinance (Chapter 22). Sidewalks and trails shall otherwise be provided, constructed and designed in accordance with the Subdivision and Land Development Ordinance (Chapter 22).
(2)
If, in addition, sidewalks or pedestrian trails are provided within the PRD to provide access to or through common open space or common facilities, then such sidewalks and pedestrian trails shall:
J.
Public water and sewer systems. All lots within the development plan shall be served by and connected to a public water system and either a public sewer system or a community sewage system.
K.
Vehicular traffic and access; road improvements.
(2)
The proposed development shall be served by an arterial, collector or local street, as defined by the Subdivision and Land Development Ordinance (Chapter 22), constructed and improved in accordance with the standards for public streets set forth in the Subdivision and Land Development Ordinance (Chapter 22).
(3)
The developer and/or landowner shall improve the existing road upon which the development has frontage in accordance with the standards set forth in the Subdivision and Land Development Ordinance (Chapter 22) to the full minimum width set forth in § 22-602H of the Subdivision and Land Development Ordinance (Chapter 22).
(4)
The development shall be provided with a means of access from streets and roads capable of supporting existing traffic and the traffic that will be generated by the development. The access point(s) shall be designed to provide smooth traffic flow, controlled turning movements, and minimum hazard to vehicular and pedestrian traffic. Merging and turnout lanes and traffic dividers shall be provided where existing or anticipated heavy flows of traffic indicate and warrant such a need.
(5)
Roads within the development shall be designed to discourage use as through streets.
(6)
Where adjacent areas are not subdivided and/or developed, the arrangement of roads in the new development plan shall make provisions for the proper projection of roads. Where a new development plan adjoins undeveloped and/or unsubdivided land susceptible to being subdivided and/or developed, then the new streets shall be carried to the boundaries of the tract proposed to be subdivided and/or developed.
(7)
Where a new development plan is adjacent to a development where streets are carried to or proposed to be carried to any of the boundaries that abut the parcel to be developed, then the roads within the new development plan shall be extended to or connected to the road location or road in the adjacent development.
(8)
Where more specific standards regarding vehicular traffic and access; road improvements are set forth with respect to each PRD Form in Article 12, said specific standards shall prevail.
L.
Architectural features for Single Family Attached Dwellings. Where expressly authorized, Single Family Attached Dwelling units must have an individual identity which is deemed to be in the best interests of the welfare of the residents and which is to be achieved by the use of at least four of the following architectural features:
(1)
Varying building unit heights or forms.
(2)
Varying roof pitch and pitch direction.
(3)
Addition or deletion of patios and patio walls.
(4)
Staggering of exterior walls where the wall exceeds 100 linear feet in length.
(5)
The use of contrasting building materials on the exterior.
(6)
Any other method developed by the designer that maintains unit individuality but achieves an overall design compatibility within the structure.
(7)
No more than six units shall be joined in a group by party walls.
(8)
Groups of buildings shall be separated by 30 feet or the separation required by the Township's Building Code, whichever is greater.
M.
Lot Standards.
(1)
Notwithstanding specific design standards set forth in Part 12, PRD Forms, lots and blocks shall meet the standards of 22-604 of the SALDO, Blocks and Lots.
(2)
Plans shall be designed as cohesive and distinct neighborhoods. Therefore, lots bearing residential dwelling units shall bear frontage solely on proposed streets within the PRD. Said lots shall have direct vehicular driveway access solely to proposed streets within the PRD.
N.
Street Tree Design Standards.
(1)
Street trees, where required by the respective PRD Form, shall be located along streets and access drives within the PRD in one or more of the following manners, which may vary by block within the PRD:
(a)
Ornamental trees planted on fifty-foot centers and staggered by 25 feet on each side of the street or access drive.
(b)
Deciduous high-level plantings on eighty-foot centers and staggered by 40 feet on each side of the street or access drive.
(c)
Where parking is installed in accordance with Subsection C(1)(b), a deciduous high-level planting shall be planted within the center of each required island, and one ornamental or high-level deciduous planting or tree shall be planted between the required sidewalk and the curb of the parking at a point midway between the nearest islands.
(2)
Any street tree may be offset from its required center in relation to the adjoining street tree(s) by up to five feet where parking, driveway locations, utilities, and similar features require such a variation in location.
(3)
Street trees shall be placed within a uniform distance of the street or access drive cartway as follows:
(a)
Notwithstanding standards set forth in this Subsection M for plantings in and associated with islands, where the trees are planted along an access drive, the trees shall be located within eight feet to 13 feet and shall lie within the associated right-of-way, easement and/or shall be included within the common elements, limited common elements or commonly maintained elements of the PRD's homeowners' or condominium association.
(b)
Where the trees are planted along a street, the trees shall be uniformly located two feet to four feet outside of the street right-of-way.
(c)
Continued maintenance and replacement of diseased or dying trees shall be guaranteed through covenants running in favor of the Township as approved by the Township Solicitor.
§ 27-1111 Deviations by waiver prior to final plan approval.
Prior to final plan approval of the PRD, the Board of Supervisors may approve deviations from the requirements of this Part 11. Requests for deviations from the requirements of this Part 11 shall be subject to the application and approval procedures, requirements and standards for waivers under § 22-309 of the Subdivision and Land Development Ordinance (Chapter 22).
§ 27-1112 Enforcement and modification of final approved plan.
Enforcement and modification of provisions of a final approved PRD plan shall be in accordance with Article VII of the MPC, 53 P.S. § 10701 et seq.