Lansford City Zoning Code
ARTICLE XVI
Planned Residential Developments
§ 465-1601 Purpose.
The purpose of a planned residential development district, as stated in the Pennsylvania Municipalities Planning Code, Act 247, as amended, is to achieve the following:
A.
To insure that the provisions of this 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 this chapter.
B.
To encourage innovations in residential development and renewal so that the growing demand for housing may be met by greater variety in type, design and layout of dwellings and by the conservation and more efficient use of open space ancillary to said dwellings.
C.
To provide greater opportunities for better housing and recreation for all who are or may become residents of the Borough.
D.
To encourage a more efficient use of land and public services and to reflect changes in the technology of land development so that the economies so secured may insure the benefits of those who need housing.
E.
To encourage more flexible land development which will respect and conserve natural resources such as streams, floodplains, groundwater, wooded areas, and areas of unusual attractiveness in the natural environment.
F.
In aid of the purpose stated within this section, to provide a procedure which can regulate the type, design and layout of a residential development to the particular site and particular demand for housing existing at the time of development in a manner consistent with the preservation of property values within existing residential areas. 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.
§ 465-1602 Regulatory authority.
The authority to approve or disapprove applications and plans for a planned residential development shall be vested with the Lansford Borough Council, with the Lansford Borough Planning Commission acting in an advisory capacity to review and to provide comment to the Borough Council.
§ 465-1603 Use regulations.
The principal permitted uses shall include:
A.
Single-family detached dwellings.
B.
Two-family dwellings.
C.
Townhouses.
D.
Accessory uses. Customary accessory uses and buildings to the above shall be permitted in accordance with the applicable provisions of this chapter.
E.
Commercial uses. A total of not to exceed 6% of the net area available for development, not to exceed five acres of the site, may be utilized for commercial uses.
§ 465-1604 Density regulations.
The following methodology shall be applicable to determine area requirements within this article:
A.
Gross area. All land proposed to be included with the PRD.
B.
Net area available for development. The gross area minus the sum of all land area within the proposed PRD that include floodplain, wetlands, ponds, streams, lakes, slopes which equal or exceed 15%, soils classified as highly acidic or highly erodible, soils classified as having a high water table, land and associated soils which display poor percolation and any other area not suitable for development.
C.
Net residential area. The "net area available for development" minus required open space, recreational areas, street rights-of-way and commercial areas, if any.
D.
Common open space. Not less than 15% of the total area of a planned residential development, excluding streets and off-street parking areas, shall be designated, designed and devoted to common open space for the use and enjoyment of the residents therein.
E.
Residential density. The permitted maximum residential density for a PRD shall be calculated in the following manner:
(1)
Step 1: calculate the permitted number of dwelling units. Gross area divided by the minimum lot size for the corresponding zoning district equals the permitted number of dwelling units.
(2)
Step 2: calculate the maximum permitted density. Permitted number of dwelling units divided by net residential area equals the maximum permitted density.
§ 465-1605 Dimensional regulations.
All planned residential developments shall be subject to the following:
A.
Minimum lot area. A planned residential development shall have an area of not less than 10 acres.
B.
Distance between buildings. No buildings or structures, including porches, decks or balconies, shall be less than 30 feet to any other building or structure.
C.
Setback requirements.
(1)
The minimum front, side and rear setbacks for a planned residential development shall each be not less than 50 feet to the property lines of adjoining properties. A planting strip of not less than 20 feet in width shall be along all property lines at the periphery of the development where necessary to preserve the privacy of neighboring residents.
(2)
Land adjacent to a lake, pond, stream, wetlands, or watercourse shall remain as permanent open space for a distance of not less than 100 feet from the water's edge, unless superseded by more restrictive standards.
D.
Maximum building height. No structures within a PRD shall exceed 2 1/2 stories or 35 feet in height.
§ 465-1606 Development regulations.
A planned residential development shall be subject to the following standards and regulations:
A.
Requirements for improvements and design. All improvements, including but not limited to streets, curbing, sidewalks, stormwater detention facilities, drainage facilities, water supply facilities, sewage disposal, streetlighting, tree lawns, etc., unless otherwise exempted, shall be designed and constructed in conformance with the standards and requirements of the Lansford Borough Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: The Borough has adopted the Carbon County Subdivision and Land Development Ordinance by reference.
B.
Sewage disposal. Disposal of sanitary sewage shall be by means of centralized sewers and shall conform to the design standards of the Lansford Borough Subdivision and Land Development Ordinance.[2] The proposed sewage collection system and treatment facility shall require DEP approval as a prerequisite and/or condition to tentative approval of a development plan.
[2]
Editor's Note: The Borough has adopted the Carbon County Subdivision and Land Development Ordinance by reference.
C.
Water supply. The water supply shall be provided from a centralized system supplied by a certified public utility or by a municipal corporation, authority or utility.
§ 465-1607 Location/management of common open space.
A.
Common open space within a planned residential development shall be designed as a contiguous area which shall be easily accessible to the residents. A planned residential development must insure that the common open space shall remain as such and be properly maintained by the developer's compliance with one of the following:
(1)
Dedicate such land to public use, providing the Borough will accept such dedication.
(2)
Retain ownership and responsibility for maintenance of such land.
(3)
Provide for and establish an organization for the ownership and maintenance of such land, which includes provisions that such organization shall not be dissolved nor shall it dispose of such land, by sale or otherwise (except to an organization conceived and established to own and maintain the common open space), without first offering to dedicate such land to the Borough.
B.
The Borough may utilize the appropriate procedures and remedies, as set forth in Article VII of the Pennsylvania Municipalities Planning Code, Act 247, as amended, should an organization established to own and maintain common open space fail to do so in a reasonable order and condition in accordance with the development plan.
§ 465-1608 Phasing of development.
A planned residential development may be constructed in phases, subject to the following:
A.
The application for tentative approval shall cover the entire area to be developed, with a schedule delineating all proposed phases, as well as the dates by which applications for final approval of each phase shall be filed. Such schedule shall be updated annually by the applicant on or before the anniversary date of the approval of the development plan, until all phases are completed and granted final approval by the Borough Council. Any modification in the aforesaid schedule shall be subject to approval of the Borough Council in its discretion.
B.
Not less than 25% of the total number of dwelling units to be constructed shall be included in the first phase.
C.
The second and any subsequent phases shall be completed in accordance with the tentatively approved plan, with each phase containing not less than 15% of the total number of dwelling units.
D.
The Borough Council may impose further conditions upon the filing of any phase of a development plan as it may deem necessary to assure the orderly development of the plan and/or to protect the public health, safety and welfare.
§ 465-1609 Enforcement and modification of provisions of plan.
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 modifications, if any, in the development plan shall not impair the reasonable reliance of said residents upon the provisions of the development plan nor result in changes that would adversely affect the public interest, the enforcement and modifications of the provisions of the development, as finally approved, whether those are recorded by plat, covenant, easement or otherwise, shall be subject to the following:
A.
Provisions of the development plan relating to the use, bulk and location of buildings and structures; the quantity and location of common open space, except as otherwise provided herein; and the intensity of use or the density of residential units shall run in favor of the Borough and shall be enforceable in law or in equity by the Borough, without limitation on any powers of regulation otherwise granted the Borough 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 in accordance with the terms of the development plan, and to that extent said provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced at law or in equity by said residents acting individually, jointly or through an organization designated in the development plan to act on their behalf; provided, however, that no provisions 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 Borough under this section may be modified, removed or released by the Borough, except grants of easements relating to the service or equipment of a public utility, subject to the following conditions:
(1)
No such modification, removal or release of the provisions of the development plan by the Borough shall affect the rights of the residents of the planned residential development to maintain and enforce those provisions, at law or in equity, as provided in this section.
(2)
No modification, removal or release of the provisions of the development plan by the Borough shall be permitted except upon a finding by the Borough Council, after a review by the Planning Commission, following a public hearing pursuant to public notice, called and held in accordance with the provisions of this section, that the same is consistent with the efficient development and preservation of the entire planned residential development, does not adversely affect either the enjoyment of land abutting upon or across the street from the planned residential development or public interest, and is not granted solely to confer a special benefit upon any person.
D.
Residents of the planned residential development 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 Borough to enforce the provisions of the development plan in accordance with the provisions of this section.
§ 465-1610 Application for tentative approval.
The application for approval, tentative and final, of a planned residential development as provided for by this chapter, shall be in lieu of all other procedures or approvals otherwise required by this chapter and Subdivision and Land Development Ordinance of the Borough,[1] except where specifically indicated. The procedures herein described for approval or disapproval of a development plan for a planned residential development and the continuing administration thereof are established in the public interest in order to provide an expeditious method for processing a development plan for a planned residential development and to avoid the delay and uncertainty which would arise if it were necessary to secure approval, by a multiplicity of local procedures, of a plat of subdivision as well as approval of a change in the zoning regulations otherwise applicable to the property. An application for tentative approval shall be consistent with the following:
A.
Informal consultation. The landowner, Borough Council, and Planning Commission may consult informally at a public meeting or work session concerning the proposed planned residential development prior to the filing of an application for tentative approval, provided that no statement or representation by a member of the Borough Council or of the Planning Commission shall be binding upon the Borough Council or Planning Commission as a whole. The informal consultation is intended to allow the landowner and Borough officials to exchange comments and discuss issues which may be of particular significance to the site.
B.
Application and fee. An application for tentative approval shall be filed by or on behalf of the landowner with the Zoning Officer. An application fee of $500, plus $75 per housing unit, based upon total number of proposed housing units, shall be paid upon filing the required application. The applicant shall also reimburse Lansford Borough for any planning and/or engineering fees incurred for the review of plans and supporting material for a proposed PRD.
C.
Relationship to planning, zoning and subdivision. All planning, zoning and subdivision matters relating to the platting, use and development of the planned residential development and subsequent modifications of the regulations relating thereto, to the extent such modification is vested in the Borough, shall be determined and established by the Borough Council with prior review by the Planning Commission.
D.
Required documentation:
(1)
The application for tentative approval shall include documentation illustrating compliance with all of the standards for a planned residential development and, where necessary, the Borough shall order such documentation to aid them in their review.
(2)
An original and 15 copies of the application shall be submitted along with 20 copies of each of the following:
(a)
Any required study and/or report, prepared as an impact analysis, as defined in Article II of this chapter, which may be required at the discretion of the Borough Council. A determination of the need for any such study and/or report may be made at the time of the informal consultation or during the public hearing for consideration of tentative approval of the development plan.
(b)
The development plan for the entire site shall include conformance to the applicable requirements of the Lansford Borough Subdivision and Land Development Ordinance,[2] along with the information and documentation noted herein:
[1]
The location, size and topography of the site and the nature of the landowner's interest in the land proposed to be developed.
[2]
The density of land use to be allocated to parts of the site to be developed.
[3]
The location and size of the common open space and the form of organization proposed to own and maintain the common open space.
[4]
The use and the approximate height, bulk, and location of buildings and other structures.
[5]
The feasibility of proposals for water supply and the disposition of sanitary waste and stormwater.
[6]
The substance of covenants, grants of easements or other restrictions proposed to be imposed upon the use of land, buildings and structures, including proposed easements or grants for public utilities.
[7]
The provision for parking of vehicles and the location and width of proposed streets and public ways.
[8]
The required modifications in the Lansford Borough Land Use Regulations otherwise applicable to the subject property.
[9]
The feasibility of proposals for energy conservation and the effective utilization of renewal energy sources.
[10]
In the case of development plans which call for development over a period of years, a schedule showing the proposed times within which applications for final approval of all sections of the Planned Residential Development are intended to be filed, and this schedule must be updated annually, on the anniversary of its approval, until the development is completed and accepted.
[2]
Editor's Note: The Borough has adopted the Carbon County Subdivision and Land Development Ordinance by reference.
E.
Statement of landowner. The application shall also include a written statement by the landowner setting forth the reasons why, in his opinion, the planned residential development would be in the public interest and consistent with the community development objectives of this chapter.
F.
Application and approval procedures in lieu of others. The application for tentative and final approval of a development plan for a planned residential development prescribed herein shall be in lieu of all other procedures and approvals required by this chapter and Subdivision and Land Development Ordinance of the Borough,[3] unless otherwise expressly stated.
[3]
Editor's Note: The Borough has adopted the Carbon County Subdivision and Land Development Ordinance by reference.
G.
Referrals and review of plan. The application for tentative approval shall be filed with the Zoning Officer, who shall be authorized to accept such applications under this chapter. Copies of the application and tentative plan shall be referred to the agencies and officials identified in the Lansford Borough Subdivision and Land Development Ordinance for their review and comment.[4] The Borough Planning Commission shall submit its report to the Borough Council for the public hearing.
[4]
Editor's Note: The Borough has adopted the Carbon County Subdivision and Land Development Ordinance by reference.
[1]
Editor's Note: The Borough has adopted the Carbon County Subdivision and Land Development Ordinance by reference.
§ 465-1611 Public hearings.
A.
Within 60 days after the filing of an application for tentative approval of a planned residential development pursuant to this article, a public hearing pursuant to public notice on said application shall be held by the Borough Council in the manner prescribed in this chapter for the enactment of an amendment to this chapter.
B.
The Chairman or, in his absence, the acting Chairman of the Borough Council may administer oaths and compel the attendance of witnesses. All testimony by witnesses shall be given under oath, and every party of record at a hearing shall have the right to cross-examine adverse witnesses.
C.
A verbatim record of the hearing shall be provided by the Borough Council whenever such records are requested by any party to the proceedings, with the cost of making and transcribing such a record paid by those parties wishing to obtain such copies. All exhibits accepted as evidence shall be properly identified, and the reason for any exclusion shall be clearly noted in the record.
D.
The Borough Council may continue the public hearing as required, provided that in any event, the public hearing or hearings shall be concluded within 60 days following the date of the first public hearing.
§ 465-1612 Findings.
A.
The Borough Council, within 60 days following the conclusion of the public hearing, or within 180 days after the date of filing the application, whichever occurs first, shall by official written communication to the landowner, either:
B.
Failure to act within the prescribed time period shall be deemed to be a grant of tentative approval of the development plan as submitted. In the event 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 Borough Council, notify said Board of his refusal to accept all said conditions; in which case the Borough Council shall be deemed to have denied tentative approval of the development plan. In the event the landowner does not notify the Borough Council of his refusal to accept all said conditions within 30 days after receiving a copy of the official written communication of the Borough Council, 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 denial, and said communication shall set forth particulars in what respect the development plan would or would not be in the public interest, including but not limited to findings of facts and conclusions based upon the following:
(1)
Those respects in which the development plan is or is not consistent with the community development objectives of this chapter.
(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 such departures are or are not deemed to be in the public interest.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3)
The purpose, locations and amount of 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.
(4)
The physical design of the development plan and the manner in which said design does or does not make adequate provisions for public services (including but not limited to sewage, water and stormwater runoff), provide adequate control for 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 or area of the Borough 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 interest of the public and of the residents of the planned residential development in the integrity of the development plan.
D.
In the event a development plan is granted tentative approval, with or without conditions, the Borough Council 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 or 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 90 days. In the case of development plans which extend over a period of years, the time between applications for final approval of each part of the plan shall not be less than one year.
§ 465-1613 Status of plan after tentative approval.
A.
The official written communication provided for in this article shall be certified by the Borough Secretary and filed in his/her office; a certified copy shall be mailed to the landowner. Where tentative approval has been granted, it shall be deemed as an amendment to the Zoning Map, effective and so noted upon the Zoning Map upon final approval.
B.
Tentative approval of a development plan shall not qualify a plan of the planned residential development for recording nor authorize development or the issuance of any zoning permit. 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 Borough pending the 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 tentative approval and thereafter, but prior to the final approval, the landowner shall elect to abandon said development plan and shall so notify the Borough Council in writing, or in the event the landowner shall fail to file application or applications for final approval within the required period of time or times, as the case may be, the tentative approval shall be deemed to be revoked, and all that portion of the area included in the development for which final approval has not been given shall be subject to those Borough land use ordinances otherwise applicable thereto. The same shall be noted on the Zoning Map and in the records of the Borough Secretary.
§ 465-1614 Application for final approval.
A.
An application for final approval may be for all of the land included in a development plan or, to the extent set forth in the tentative approval, for a section thereof. Said application shall be made through the Zoning Officer for review by the Borough Planning Commission and subject to approval by the Borough Council 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 shall not be required.
B.
The application shall include all drawings, specifications for required improvements, covenants, easements, a financial guarantee and all other such requirements as specified under the Lansford Borough Subdivision and Land Development Ordinance, as well as any conditions set forth in the official written communication granting tentative approval.[1]
[1]
Editor's Note: The Borough has adopted the Carbon County Subdivision and Land Development Ordinance by reference.
C.
In the event that 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 communication of tentative approval, the Borough Council shall, within 45 days from the date of the regular meeting of the governing body or the planning agency, whichever first reviews the application, next following the date the application is filed, grant such development plan final approval. However, should the next regular meeting of Council occur more than 30 days following the filing of the application, the forty-five-day period shall be measured from the 30th day following the day that the application was filed.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D.
In the event the development plan as submitted contains variations from the development plan given tentative approval, the Borough Council may refuse to grant final approval and shall, within 45 days from the filing of the application for final approval, with such action taken at its next regular Council meeting. However should the next regular meeting of Council occur more than 30 days following the filing of the application, the forty-five-day period shall be measured from the 30th day following the day that the application was filed. Council shall so advise the landowner in writing of said refusal, setting forth in said notice the reasons why one or more said variations are objectionable and not in the public interest.
E.
In the event of such refusal the landowner may either:
F.
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.
G.
Any such public hearing shall be held pursuant to public notice within 30 days after request for the hearing is made by the landowner, in writing, and the hearing shall be conducted in the manner described in this chapter for public hearings on applications for tentative approval. Within 30 days after the conclusion of the public hearing, the Borough Council shall, by official written communication, either grant final approval to the development plan or deny final approval.
H.
The grant or denial of final approval of the development plan shall, in cases arising under this section, be in the form and contain findings required for an application for tentative approval as set forth in this article.
I.
Failure of the Borough Council to render a decision on an application for final approval, and communicate it to the applicant within the time and in the manner required by this section, shall be deemed an approval of the application for final approval, as presented, unless the applicant has agreed in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision; in which case, failure to meet the extended time or change in manner or presentation of communication shall have a like effect.
J.
A development plan, or any part thereof, which has been given final approval, shall be so signed and certified without delay by the Borough Council. Said development plan shall be filed of record forthwith in the Office of the Recorder of Deeds of Carbon County by the applicant 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, in accordance with the time provisions stated in Section 508 of the Pennsylvania Municipalities Planning Code, Act 247, as amended, 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. Upon approval of the final plat, the developer shall record the plat in accordance with the provisions of Section 513(a) of the Pennsylvania Municipalities Planning Code, Act 247, as amended, and post financial security in accordance with Section 509 of said Act.
K.
In the event that a development plan, or section thereof, is given final approval and thereafter the landowner shall abandon such plan or section thereof that has been finally approved, and shall so notify the Borough Council in writing; or in the event the landowner shall fail to commence and carry out the planned residential development in accordance with the time provisions as provided for within the Lansford Borough Subdivision and Land Development Ordinance[2] 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 reclassified by enactment of an amendment to the Lansford Borough Zoning Ordinance, in a manner subscribed for such amendments as put forth in Article XIV of this chapter.
[2]
Editor's Note: The Borough has adopted the Carbon County Subdivision and Land Development Ordinance by reference.
§ 465-1615 Jurisdiction and legal remedies.
A.
Jurisdiction. Magisterial District Judges shall have initial jurisdiction over proceedings brought under § 465-1615B.
B.
Legal remedies.
(1)
Any person, partnership or corporation who or which has violated the planned residential development provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceedings commenced by Lansford Borough or the Zoning Officer, pay a judgment of not more than $500, plus all court costs, including reasonable attorney's fees incurred by Lansford Borough as a result of said proceedings. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, Lansford Borough may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the Magisterial District Judge determining that there has been a violation further determines that there has been a good faith basis for the person, partnership or corporation violating this chapter to have believed that there was no such violation. In such cases, there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the Magisterial District Judge and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to Lansford Borough.
(2)
The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
(3)
Nothing contained in this section shall be construed or interpreted to grant any person or entity other than Lansford Borough the right to commence any action for enforcement pursuant to this section.