Encourage innovations in residential development to meet the growing demand for housing;

Support greater variety in type, design and layout of dwelling units;

Conserve open space and encourage a more efficient use of land, public services and infrastructure;

Promote increased flexibility of land development and density regulations;

Provide a procedure to relate the type, design and layout of residential development to the characteristics of a particular parcel to the characteristics of the Township's varying landscapes.

Planned residential developments are permitted within the R-1, R-2 and R-AG districts.

The minimum number of acres that may be developed as a planned residential development parcel is 30 acres.

The development parcel shall be serviced by public water and public sewers approved by the Pennsylvania Department of Environmental Protection (DEP). Utilities within the development parcel shall be provided by a public utility and/or a local municipal authority.

The planned residential development parcel shall have a perimeter setback, as defined by this chapter, which is a minimum of 50 feet in depth around its entire boundary (except for street crossings), which area shall not be included in any lot within the development.

No structures, stormwater detention facilities or parking are permitted within the perimeter setback. Only landscaping, buffer yards, common open space, and underground piping or lines for water, sewer, gas and electric collection and/or distribution shall be permitted within the perimeter setback. The impact of the excavation for and location of utility lines on trees located on neighboring properties shall be considered.

Ancillary nonresidential uses may be permitted in a planned residential development parcel only if all of the following criteria are met:

Development Reference Table: Table 1.

The minimum percentage of lots in the development which must meet or exceed base zoning district (R-1, R-2, or R-AG) area and bulk regulations (see §§ 175-29, 175-201, and 175-245), rather than those standards in Table 1 above, is 35%.

In order to encourage flexibility of development, variations shall be permitted in the density and intensity of land use throughout the entire planned residential development. Greater concentration of density and intensity of land use may be permitted so long as the overall density of the overall development defined in this subsection is not exceeded.

All single-family interior lots within a planned residential development shall have a minimum lot width of seventy-five (75) feet as measured at the building setback line.

Other area and bulk regulations. In addition to the setback requirements of § 175-68, development on a lot within the development parcel shall conform to the lot requirements outlined in Articles IV, VI, XIX and XXIII as applicable.

All lots located within a planned residential development parcel shall be contiguous. Where more than one lot exists, said lots may not be divided by an existing right-of-way.

Continuity of development.

R-AG Zoning District: three (3) dwelling units per acre.

R-1 Zoning District: four and one-half (4.5) dwelling units per acre.

R-2 Zoning District: six (6) dwelling units per acre.

(Reserved)[3]

Calculation of maximum number of dwelling units. Fill in the following table on the applicable official form as issued by Middlesex Township.

When calculating density, a fractional dwelling unit of 1/2 (0.5) or more shall be considered an entire dwelling unit, while a fractional less than 1/2 (0.5) shall be disregarded.

In the event that a planned residential development parcel includes property in two or more zoning districts, the maximum number of lots within the planned residential development shall not exceed the proportionate share of the number of lots permitted if the property was the subject of a standard subdivision in each of the zoning districts.

All data associated with the number of dwelling units shall be denoted on the site development parcel (parent parcel) master plan (development plan) to illustrate the location of dwelling units by type and the quantity of dwelling units by type by phase of development. In the event the applicant proposes to revise the total and/or allocation of dwelling units by type within any and/or all phase(s), the applicant shall resubmit the proposed overall master plan as part of an application for tentative approval.

For access and visibility, the common open space shall have a minimum frontage of 100 feet on an existing or proposed street or shall adjoin an existing park or common open space that is accessible from a street. If such frontage is located on a private street, the Township shall reserve the right to decline ownership and maintenance responsibility for the common open space if offered by the developer. The minimum width of the common open space land shall be 50 feet at its narrowest dimension.

Common open space shall be within 150 feet of an existing or proposed public street or shall be visible from said street if the recreation open space does not have frontage on said street.

At least twenty-five percent (25%) of the common open space (10% of the overall site) shall be in compact and contiguous areas.

The land and facilities to be used for common open space shall be implemented in accordance with either of the two methods set forth below, or a combination of the two methods, as determined by the Board of Supervisors:

The Township shall not be obligated to accept the dedication of the common open space or any portion thereof, where the Board of Supervisors determines that such dedication is not in the interest of the Township.

To accommodate the future expansion of the Township's roadways in accordance with the Richland Township-Middlesex Township Joint Comprehensive Plan, the Middlesex Township Official Map and the recommendations outlined in the Township's Transportation Impact Fee Program Road Sufficiency Analysis and Capital Improvements Plan Reports;

To protect private development from disturbances created by future transportation improvements; and

To preserve the rural and historic landscape character of the Township's arterial and collector roadways.

No lot that abuts a Township primary roadway as referenced in Table 2[1] hereof shall be approved or recorded, no lot shall be sold nor any building or structure shall be built, altered, moved or enlarged in any manner unless and until a land development plan has been approved and recorded and until the improvements required in connection therein have either been constructed or guaranteed as herein provided.

If the provisions of this section are inconsistent with other provisions of this ordinance, the provisions of this section shall apply.

All development parcels abutting a roadway identified in Table 2[2] shall provide a right-of-way setback in conformance to the dimensions identified in Table 2. The right-of-way setback shall be located between the right-of-way line of the primary roadway and the lot's required yard setback.

Front setbacks.

Rear setbacks. The minimum rear setback is 40 feet.

Front setbacks on single-family attached and multifamily lots shall be measured from the front (exposed) face of the curb of the common parking areas serving the dwelling units, where the common parking areas intervene between the dwelling units and the public or private street right-of-way. Where there is no intervening common parking area, the setback shall be measured from the edge of the public or private street right-of-way.

Side setbacks.

All yard setbacks that abut a primary roadway as defined by § 175-140 of this chapter shall provide a landscape screen in conformance with the spacing standards of Buffer Yard C and § 175-40. All landscaping within this buffer yard should comply with the suggested landscape palettes outlined in Table 2.[3]

Combined zoning change and land development plan application. If an application for a zoning change is made simultaneously with the application for land development plan tentative approval, the two shall be considered together.

Tentative approval of the land development plan shall authorize the development of the interior lot(s) in accordance with the approved development plan, provided an application for final approval is submitted which complies with the application granted tentative approval. Failure to apply for Final Approval within 12 months or to develop the land development plan as initiated by application for a grading permit, a building permit or an occupancy permit to undertake the construction or authorized occupancy approved and as indicated in § 175-81G shall cause the abandonment of the land development plan.

A landowner and/or developer shall submit an application for tentative approval of the land development plan. The application, accompanied by the required application filing fee, shall be submitted to the Zoning Officer at least 21 days prior to the regular meeting of the Planning Commission. Not less than eight printed sets and one digital set in a form acceptable to the Township of the land development plan shall be submitted to the Township for distribution to Township Staff, identified review bodies and each member of the Planning Commission. In addition to submission to the Township, one printed set of the plans shall be submitted to the County Planning Agency. It shall be the responsibility of the applicant to submit said copy to the County Planning Agency.

The Township Zoning Officer shall determine the completeness of the application and either accept the application as complete and properly filed or return the application to the applicant for resubmission if the application is incomplete and improperly filed. If the application is returned as incomplete, a written notice which cites the specific requirements of this ordinance which have not been met shall be sent to the applicant.

The Planning Commission shall review the application at a public meeting and shall forward written recommendations to the Board of Supervisors prior to the public hearing conducted by the Board of Supervisors on the application. One copy of the application for tentative approval shall be forwarded by the Planning Commission to the Board of Supervisors with its recommendations.

The date of the Planning Commission meeting at which the application is accepted as complete and properly filed shall be the official date of filing and shall represent the beginning of the sixty-day period for Planning Commission review and the public hearing by the Board of Supervisors.

All data required for a preliminary plat, as specified in the Township Subdivision and Land Development Ordinance.[1]

The location, size, existing topography, proposed topography and the nature of the planned residential development proposed to be developed.

The density of land use to be allocated to parts of the development parcel to be developed.

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

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

The feasibility of proposals for water supply and the disposition of sanitary waste and stormwater.

The substance of covenants, grants of easements/rights-of-way or other restrictions proposed to be imposed upon the use of the land, buildings and structures, including proposed easements or grants for public utilities.

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

The location and design of all screening, buffer yards and landscaping, indicating the type, location and height of all plantings.

Any conflicts with the Township land use regulations otherwise applicable.

The feasibility of proposals for energy conservation and the effective utilization of renewable energy sources.

In the case of land development plans which call for development over a period of years, a description of each section and a schedule showing the proposed times within which applications for final approval of all sections of the planned residential development shall be filed, and this schedule must be updated annually, by the anniversary of its previous approval, until the development is completed and accepted.

Statement of public interest. A written statement by the landowner and/or developer setting forth the reasons why, in his opinion, a planned residential development would be in the public interest and would be consistent with the Richland Township-Middlesex Township Joint Comprehensive Plan.

True and correct copies of the complete text of all covenants, easements, rights-of-way, and other restrictions applicable to the common open space; private roads, walkways and/or private parking facilities; recreational facilities; and all other land and/or facilities included in the development plan to be held in common by an appropriate organization or dedicated for public use.

Grant tentative approval of the land development plan as submitted;

Grant tentative approval subject to the specified conditions not included in the land development plan as submitted; or

Deny tentative approval to the land development plan.

Default or violation by the applicant of any of the conditions of tentative approval.

Consent by the applicant to the modification or revocation.

The applicant notifies the Board of Supervisors in writing of the intention to abandon the plans; or

The applicant fails to file application for final approval within the required time period. When tentative approval is revoked, all areas included in the land development plan not granted final approval shall be subject to all Township ordinances as though no application had been filed.

Application for final approval shall be filed with the Township Supervisors not later than 12 months following the grant of tentative approval, unless otherwise specified by the Township Supervisors. The application shall be submitted at least 21 days prior to the regular meeting of the Planning Commission. The application shall be comprised of one reproducible Mylar and eight printed sets and one digital set in a form acceptable to the Township of the land development plan, including the completion bond and developer's agreement required by the Township Subdivision and Land Development Ordinance[1] for approval of a final plat. The Planning Commission shall either accept the application as complete and properly filed or return the application to the applicant for resubmission if the application is incomplete and improperly filed. If the application is returned as incomplete, a written notice that cites the specific requirements of this ordinance which have not been met shall be sent to the applicant.

The date of the Planning Commission meeting at which the application is accepted as complete and properly filed shall be the official date of filing and shall represent the beginning of the forty-five-day period for review by the Planning Commission and action by the Board of Supervisors.

The land development plan shall include:

Supplementary data shall include:

If the application for final approval has been filed with all drawings, specifications, other required documents in accordance with this ordinance, and the official written communication of tentative approval, the Planning Commission shall recommend approval of said application to the Board of Supervisors. The Board of Supervisors shall, within 45 days of the filing of the application with the Planning Commission, grant such land development plan final approval.

Revisions. If there are any revisions to the plan not affecting the overall density (i.e., units are moved, added, or deleted, but do not change the total amount of units approved in the tentative approval), the final approval must reflect these changes when submitted to the Township. At its request, additional information may be required by the Township to determine the impact of said revisions on the adjacent zoning districts, lots and/or applicable infrastructure. A public hearing shall be required as part of the submission.

Any person, partnership or corporation who or which has violated the planned residential development provisions of this ordinance shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township 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 District Justice, determining that there has been a violation, further determines that there was a good faith basis for the person, partnership or corporation violating this ordinance to have believed that there was no such violation, in which event 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 District Justice 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 ordinance shall be paid over to the Township. 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.

Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this Section.