Moon Township City Zoning Code
PART 11
PLANNED NONRESIDENTIAL DEVELOPMENT
§ 27-1101 Purpose.
[Ord. 658, 4/9/2015]
The purpose of the planned nonresidential development (PNRD) regulations of this Part includes:
A.
Encourage developers to assemble large parcels of property in certain nonresidential zoning districts to create a coordinated and well-conceived development.
B.
Provide developers with an alternative development approval process that promotes flexibility in the mixture of land uses, lot design and building arrangement not afforded in conventional land development.
C.
Permit a more varied innovative and efficient development pattern without undue delay in the approval process.
D.
Encourage the conservation of sensitive natural resources and open space.
E.
Promote and encourage ingenuity in the layout and design of coordinated projects to more effectively improve and enhance sensitive natural resources and open spaces by allowing flexibility in the site layout from requirements of the underlying zoning district.
F.
Motivate developer creativity by encouraging greater variety in type, design and layout of buildings.
G.
Provide a procedure to relate the type, design and layout of residential development to the characteristics of a particular lot.
§ 27-1102 Compliance.
[Ord. 658, 4/9/2015]
1.
A PNRD shall be permitted as a conditional use within the specific zoning districts specified in Table 27-1 (Use Table) of this chapter, subject to compliance with the provisions of this Part, this chapter and all applicable Township ordinances.
2.
The provisions of this Part provide a two-step process for the approval of a PNRD:
A.
Master Plan. A master plan for the PNRD must be approved by the Board of Supervisors through the conditional use approval process.
B.
Final Plan. After obtaining approval of the PNRD master plan from the Board of Supervisors, final plan approval must be obtained from the Board of Supervisors for each building, lot and/or set of buildings through an approval process that is coordinated with the Subdivision and Land Development Ordinance [Chapter 22].
3.
In addition to the requirements of this Part, applicants must also apply for and obtain any and all permits required by this chapter and any other applicable Township ordinance. Failure to comply with the provisions of this Part with respect to an approved and/or recorded PNRD development plan shall be deemed to constitute a violation of this chapter and the Subdivision and Land Development Ordinance [Chapter 22].
§ 27-1103 Pre-Application Conferences.
[Ord. 658, 4/9/2015]
1.
A sketch plan conference between a prospective applicant and the Planning Director should be held prior to the pre-application conference with the Planning Commission and prior to the filing of any applications for master plan approval under this Part. The sketch plan conference requires no formal application or fee.
2.
Prior to filing an application for master plan approval under this Part, a prospective applicant should appear before the Planning Commission for a pre-application conference to discuss the applicable regulations governing the proposed development and the feasibility and timing of the applications for approval. The pre-application 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. See § 22-321 of the Subdivision and Land Development Ordinance [Chapter 22] for the recommended materials to be submitted for a pre-application conference.
§ 27-1104 Master Plan Application and Approval Procedure.
[Ord. 658, 4/9/2015]
1.
Master Plan Application Procedure.
A.
An application for PNRD master plan conditional use approval shall be filed with the Planning Director, on forms prescribed by the Township, at least 14 calendar days prior to the date of the Planning Commission's next regular monthly meeting. The master plan application shall not be considered administratively complete and properly filed unless or until all items required by § 27-1104, Subsection 2, of this chapter, including the application fee and deposit, have been received by the Township.
B.
The Planning Director shall review the application to determine whether all materials required by § 27-1104, Subsection 2, of this chapter have been submitted by the applicant. If all such materials have not been submitted by the applicant, then the Planning Director shall reject the application as administratively incomplete and shall notify the applicant, in writing, citing the specific deficiencies and the specific requirements of this chapter that have not been met and returning the applicant's application fee and deposit.
C.
Within five days of receipt of an administratively complete application, the Planning Director shall submit one copy of the application and any materials submitted therewith to the following entities and individuals for review: the Environmental Advisory Council; the MTA (as appropriate); the MTMA; the county planning agency; the Township Engineer; and any other appropriate Township personnel or professional consultants.
D.
The Planning Director shall provide one copy of an administratively complete application and any materials submitted therewith to the Planning Commission by no later than the Friday prior to the date of the regular monthly meeting of the Planning Commission.
2.
Master Plan Application Content.
A.
The application for PNRD master plan approval shall be submitted to the Planning Director, in the form prescribed from time to time by the Township, with not fewer than:
(1)
Six full scale copies and eight half-scale copies (with a minimum scale of one inch equals 200 feet) of all required plans, maps and drawings.
(2)
Four paper copies of all other reports and materials that are required as part of the application.
(3)
One electronic version (in a Township-compatible format) of all plans, maps, drawings, reports and other materials required as part of the application.
B.
The application for master plan approval shall contain the following:
(1)
All plans, information, data, reports, studies and other materials required for a major land development preliminary plan application as specified in § 22-204, Subsection 1D, of the Subdivision and Land Development Ordinance [Chapter 22]; provided that the preliminary plat, land development plan and conceptual landscape plan required by § 22-204, Subsection 1D, of the Subdivision and Land Development Ordinance [Chapter 22] shall comprise the PNRD master plan.
(2)
A written narrative setting forth the following:
(a)
The manner in which the application complies with each of the conditional use general standards and criteria of § 27-803 of this chapter;
(e)
The manner in which the application complies with the purpose of this Part.
(f)
The manner in which the application complies with the PNRD design standards referenced in § 27-1110 of this chapter.
(g)
The proposed use of buildings and other structures.
(h)
The feasibility of public water service and public sewer service.
(i)
The extent to which the proposed development deviates from the otherwise applicable Township land use, zoning and subdivision and land development regulations; including, but not limited to, proposed development deviations from the Environmental Performance Standards of Part 4B of this chapter and the reasons therefor.
(j)
The major features of the PNRD master plan, which may reference non-land use information such as estimates of taxes paid to all local government units, estimates of Township and School District costs and a benefits analysis.
(k)
The extent of proposed common open space (its purpose, location and amount) and the provisions for its maintenance, ownership and control.
(3)
A legal document verifying the applicant's legal interest in the subject property (e.g., deed, sales agreement, or lease).
(5)
Preliminary architectural and design standards which set forth the requirements for exterior building materials, windows, general site design and compatibility with adjacent buildings and developments. The applicant shall indicate whether such requirements will be included in covenants running with the land and whether the applicant will retain design approval control.
(6)
A tentative development schedule which shall indicate:
3.
Township Staff Review.
A.
The Planning Director and any other Township personnel or professional consultant, as directed by the Planning Director, shall review the master plan application documents to determine if they are in compliance with this Part, this chapter, the Subdivision and Land Development Ordinance [Chapter 22], other applicable Township ordinances, the Comprehensive Plan and the Township planning objectives. The Planning Director shall prepare a written report of his findings and recommendations which he shall provide to the Board of Supervisors, Township Manager, Township Engineer, Planning Commission and any other appropriate Township personnel or professional consultant. The other Township personnel and professional consultants shall provide comments and recommendations, including written findings, when directed by the Planning Director.
B.
The Township Engineer shall review the application documents to determine compliance with this Part, this chapter, the Subdivision and Land Development Ordinance [Chapter 22], the Stormwater Management Ordinance [Chapter 23], and any other applicable Township ordinances and regulations, the Township Standard Details and sound engineering practices. The Township Engineer shall prepare a written report of his findings and recommendations, which the Planning Director shall provide to the Board of Supervisors, the Township Manager, the Planning Commission and any other appropriate Township personnel or professional consultant.
C.
If the master plan has outstanding or unaddressed Township comments and/or concerns, then the applicant shall resubmit revised drawings, supporting reports, documents and other similar material for review by the Planning Director, Township Engineer and any other Township personnel or professional consultant, as directed by the Planning Director.
4.
Planning Commission Review and Recommendation.
A.
The Planning Commission shall review the master plan application and associated documents and forward its recommendation to the Board of Supervisors.
B.
The Planning Commission shall make a recommendation to the Board of Supervisors for approval, approval with conditions or disapproval of the master plan application.
5.
Public Hearing. The Board of Supervisors shall hold a public hearing, pursuant to public notice, on the master plan conditional use 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 application. Public hearings shall be conducted and held in accordance with the applicable provisions of Article IX of the MPC.
6.
Master Plan Standards, Criteria and Evaluation Factors.
A.
Standards and Criteria. The proposed PNRD master plan shall comply with:
(2)
The following express standards and criteria for a PNRD master plan:
(a)
The proposed master plan complies with the applicable purposes, standards, conditions and requirements of this Part and preserves the community development objectives of this chapter.
(b)
Where the proposed master plan is permitted by this Part to depart from the requirements of this chapter and the Subdivision and Land Development Ordinance [Chapter 22], such departures are in the public interest and promote the public health, safety and welfare.
(c)
The proposals for the maintenance and conservation of any proposed common open space, bufferyard and landscaping are reliable and legally enforceable, and the amount and extent of improvements of such open space, bufferyards and landscaping are adequate with respect to the purpose, use and type of development proposed.
(d)
The physical design of the master plan adequately provides for public services, traffic facilities, off-street parking, light, air, recreation and visual enjoyment. The master plan organizes vehicular ingress, egress and parking to minimize traffic congestion in the surrounding area.
(e)
The total environment of the proposed master plan is harmonious and consistent with the neighborhood in which it is located. The proposed master 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.
(f)
The proposed master 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.
B.
Evaluation Factors. In evaluating the conditional use criteria referenced in Subsection 6A, above, the applicant shall demonstrate and the Board of Supervisors shall consider the following additional factors:
(1)
The degree to which the proposed master plan is a cohesive development plan and is expected to be superior to conventional development in the subject zoning district.
(2)
The degree to which restrictive covenants are or will be created for the proposed PNRD master plan and recorded against the subject property, including but not limited to restrictive covenants related to:
(a)
Architectural design standards (i.e., materials, colors, quality of construction, maintenance, etc.).
(b)
Landscaping standards (i.e., design, installation, maintenance and replacement).
(c)
Signage standards.
(d)
Lighting standards.
(e)
Property maintenance standards.
(f)
Other similar design and maintenance standards.
(3)
The degree to which bufferyards are enhanced over the minimum required by this chapter for any area of the proposed master plan that abuts a residential zoning district.
(4)
The degree to which trip generation is mitigated through transportation management association (TMA) and transportation system management (TSM) strategies.
(5)
The degree to which sensitive natural resources are protected.
(6)
The degree to which enforceable, rigorous, architectural and design standards within the PNRD master plan will create a development which will attract high quality uses and jobs.
(7)
The degree to which public improvements within the PNRD master plan exceed that of a conventional development.
C.
Encouraged Design Factors. The applicant shall demonstrate and the Board of Supervisors shall determine the extent to which the following encouraged design factors are implemented within the proposed PNRD master plan:
(1)
The use of parking structures to minimize surface parking lots.
(2)
The use of innovative stormwater management techniques, such as Best Management Practices (BMPs), ground water recharging, green roofs, and similar techniques.
(3)
The interconnection of pedestrian circulation between lots and buildings throughout the proposed PNRD master plan.
(4)
The degree to which the proposed PNRD master plan will assist in attracting similar uses to adjacent properties.
7.
Board of Supervisors Action.
A.
The Board of Supervisors shall render a written decision on the master plan conditional use application within 45 days of the last hearing. Where the application is contested or denied, the Board of Supervisors decision shall be accompanied by findings of fact and conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of this chapter or any other rule, regulation, ordinance or statute shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found.
B.
In granting conditional use approval of a master plan pursuant to this chapter, the Board of Supervisors may impose any reasonable conditions it believes are necessary to ensure compliance with this Part, this chapter, the Subdivision and Land Development Ordinance [Chapter 22], the Moon Township Code of Ordinances, the Township Standard Details and any other ordinance or resolution of the Township, and as it otherwise deems necessary to implement the purposes of this Part, this chapter and the MPC.
C.
A copy of the decision on the master plan conditional use application, or where no decision is called for, of the findings, shall be delivered to the applicant personally or mailed to him not later than the day following its date.
D.
All development, construction and use shall be in accordance with the approved master plan conditional use decision, unless an amended master plan conditional use application is submitted and approved as otherwise provided in § 27-1109 of this chapter. The approved master plan shall consist of the application, as submitted, together with all of its attachments and exhibits, as finally approved by the Board of Supervisors, and the master plan conditional use decision. Any development contrary to the approved master plan conditional use decision, or any amended master plan approved pursuant to the terms of this Part, shall constitute a violation of this chapter.
E.
If the Board of Supervisors approves the master 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.
Status of PNRD after Master Plan Approval.
A.
Approval of a master plan shall not qualify a plat of the PNRD for recording nor authorize development or the issuance of any building permits.
B.
Approval of a master 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.
9.
Post-Master Plan Approval Options. After a master plan conditional use application has been approved by the Board of Supervisors, the applicant may proceed by filing either of the following types of applications:
A.
A final plan application, pursuant to § 27-1105 of this chapter, where the applicant intends to provide the Township with performance security to guarantee proper installation of required improvements in the final plan application; or
B.
An improvement construction plan application, pursuant to § 22-210 of the Subdivision and Land Development Ordinance [Chapter 22], where the applicant desires to construct the improvements required by this chapter and the Subdivision and Land Development Ordinance [Chapter 22] before final plan application approval in lieu of posting performance security with the Township.
§ 27-1105 Final Plan Application and Approval Procedure.
[Ord. 658, 4/9/2015]
1.
Prerequisites to Filing Final Plan Application. An application for final plan approval can be submitted provided that:
A.
The Board of Supervisors has granted master plan approval to the development plan; and
B.
All conditions imposed by the Board of Supervisors on the master plan approval have been complied with in a manner acceptable to the Township.
An applicant that files a final plan application without proceeding through the improvement construction plan procedure referenced in § 22-210 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 performance security with the Township for all improvements required by, and in accordance with the requirements of, this Part, this chapter and the Subdivision and Land Development Ordinance [Chapter 22]. |
2.
Final Plan Application Procedure. An application for PNRD final plan approval shall be filed in accordance with the requirements for a major land development final plan application under the Subdivision and Land Development Ordinance [Chapter 22].
3.
Final Plan Application Content. An application for PNRD final plan approval shall contain all information, plans, data reports, studies, and other materials required for a major land development final plan application as specified in § 22-204, Subsection 1E, of the Subdivision and Land Development Ordinance [Chapter 22], with the following exception. In lieu of the "approved preliminary plat and supporting reports" required by § 22-204, Subsection 1E(1), of the Subdivision and Land Development Ordinance [Chapter 22], the applicant shall file the Township approved PNRD master plan, the PNRD master plan decision, and any supporting reports related thereto requested by the Township.
§ 27-1106 Recording.
§ 27-1107 Abandonment and Revocation.
[Ord. 658, 4/9/2015]
The final approval of a development plan shall be revoked if the developer provides the Township with written notice of his intention to abandon the plan, or if the developer fails to commence and carry out the PNRD in accordance with the time provisions referenced in § 508 of the MPC, 53 P.S. § 10508, and/or a 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].
§ 27-1108 Improvements.
[Ord. 658, 4/9/2015]
No PNRD final plan shall be approved unless all improvements required by this Part have been installed in strict conformance with this Part and the Subdivision and Land Development Ordinance [Chapter 22], or a guaranty that the improvements will subsequently be installed by the developer in the form of performance security which complies with the requirements of § 22-211 of the Subdivision and Land Development Ordinance [Chapter 22]. Such performance security shall provide for and secure to the public the completion of all improvements for the development plan within a period of two years from the date of the final approval of the development plan. The developer shall otherwise comply with the requirements of Part 6 of the Subdivision and Land Development Ordinance [Chapter 22].
§ 27-1109 Master Plan Amendments.
[Ord. 658, 4/9/2015]
A Township-approved PNRD master plan shall not be amended or revised without prior approval from the Board of Supervisors under one of the following options:
A.
Amendment Through Amended Master Plan.
(1)
General. A developer shall apply for and obtain amended master plan approval from the Board of Supervisors (which shall be in the form of an amended conditional use approval) when the amendment or revision to the Township-approved PNRD master plan involves one of the following factors:
(a)
The uses proposed in the master plan change in trip generation, character and impact such that more than 100 new peak hour trips or 1,000 new average daily trips would be generated.
(b)
The total area of the master plan devoted to bufferyards and landscaping is decreased by more than 5%.
(c)
The quantity of grading shown on the grading plan for the master plan is increased by more than 5%.
(d)
Any vehicular access point to an existing street is moved or removed to such an extent that it results in a greater impact to abutting properties, as determined by the Township Traffic Engineer.
(e)
The lot configuration, lot lines, and/or street right-of-way lines within the master plan are changed to such an extent that it results in the street and vehicle circulation system within the master plan being inadequate to meet the traffic demands generated in the master plan, as determined by the Township Traffic Engineer.
(2)
Application and Approval Process. The application and approval process for an amended master plan shall be consistent with § 27-1104 of this Part. Any application for amended master plan approval shall include a written statement detailing the specific proposed amendments to the Township-approved master plan.
B.
Amendment Through Final Plan Approval. Where an amendment to a Township-approved master plan does not involve one of the factors identified in § 27-1109, Subsection 1A(1), of this chapter, a developer shall apply for and obtain Board of Supervisors approval of such amendment through the PNRD final plan application and approval process of § 27-1105 of this chapter. The amendment to the Township-approved master plan under this § 27-1109, Subsection 1B, shall only apply to the building, lot and/or set of buildings that are the subject of the proposed PNRD final plan, and any amendment that is outside of this scope must obtain approval through the approval and review process set forth in § 27-1109, Subsection 1A, of this chapter.
§ 27-1110 Design Standards.
[Ord. 658, 4/9/2015]
1.
All improvements within the proposed PNRD shall be designed and constructed in accordance with the requirements of this Part, this chapter, the Subdivision and Land Development Ordinance [Chapter 22], the Stormwater Management Ordinance [Chapter 23], the Township Standard Details and any other applicable Township ordinance except as provided in this Part. If the provisions of this Part are inconsistent with any other provision of a Township ordinance, then the provisions of this Part shall govern.
2.
All PNRDs shall comply with the following requirements:
A.
Preemptive Requirements. Except as provided in this section, the requirements of this Part shall be in lieu of all density, setback, height, lot coverage and bufferyard requirements of this chapter.
B.
Permitted Uses. The principal uses permitted on property within a PNRD shall be strictly limited to the permitted uses, conditional uses and special exceptions authorized in the zoning district in which the subject property is located pursuant to Table 27-1 (Use Table) of this chapter, unless otherwise provided in this § 27-1110, Subsection 2B.
(1)
Where a proposed use in the master plan is permitted on the subject property as a conditional use pursuant to Table 27-1 (Use Table) of this chapter, the developer must apply for and obtain conditional use approval from the Board of Supervisors for such proposed use pursuant to the requirements of Part 8 of this chapter. Provided, however, if a proposed use falls under the classification identified in § 27-305 of this chapter for "all other uses not specifically permitted in any zoning district," then the developer shall obtain Board of Supervisors approval of the conditional use for such use prior to the developer filing an application for PNRD master plan approval.
(2)
Where a proposed use in the master plan is permitted on the subject property as a special exception pursuant to Table 27-1 (Use Table) of this chapter, the developer must apply for and obtain special exception approval from the Zoning Hearing Board for such proposed use pursuant to the requirements of Part 9 of this chapter.
(3)
Apartments are permitted within a PNRD subject to compliance with the following criteria:
(a)
The apartments are not located in a basement or a first floor of a building.
(b)
The gross floor area devoted to apartments in the PNRD master plan area does not exceed 25% of the total gross floor area of the PNRD master plan.
(c)
Adequate protections are provided from the noise, light, vibration, hours of operation, truck and equipment traffic and surrounding uses within the PNRD master plan. It is the intent of this subsection that the apartment uses are clearly secondary to the nonresidential uses permitted in the zoning district where the subject property is located. As a result, such apartments should be subject to impacts that would not be acceptable in residential zoning districts. The Board of Supervisors may require that notice of this fact be made part of any recorded covenants for the PNRD master plan.
(d)
Adequate outdoor recreation areas are provided within the PNRD master plan.
C.
Ownership. The entire site for the proposed development plan shall be owned or controlled by the developer. To the extent that any property within the proposed PNRD is not owned by the developer, the owners of such property shall submit a declaration, in a form acceptable to the Township Solicitor, requiring all owners of such property to comply with any PNRD master plan, PNRD master plan conditional use decision, and related final plan approvals. The Township may require that this owner declaration be recorded.
D.
Minimum Site. The site of the proposed development shall not be less than 10 acres.
E.
Minimum Site Frontage. The site of the proposed development shall have a minimum frontage of 150 feet.
F.
G.
Minimum Yard and Setback Areas. All lot lines along the perimeter of the PNRD master plan shall be provided with the minimum yard areas required in the zoning district where the subject property is located. The relationship of buildings to each other, the local street system, the utility systems and the common open space pattern shall be consistent with the purpose and intent of this Part and chapter.
I.
Maximum Building and Structure Height. The maximum height of a structure shall not exceed 100 feet, unless a lesser height restriction is imposed by the AZO Airport Zone Overlay District requirements of § 27-302 of this chapter.
J.
Building Groupings. Buildings containing 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 to avoid undue exposure to concentrated loading or parking facilities.
K.
Off-Street Parking. The PNRD master plan shall comply with the off-street parking requirements of Part 6 of this chapter; provided, however, a developer may propose shared parking, a Transportation Management Association (TMA), a Transportation System Management (TSM) or a combination thereof to minimize or reduce parking and vehicle trips.
L.
Tree Preservation. Due to the unique nature of a PNRD, the development plan shall maintain and preserve the existing trees to the maximum extent possible, except in areas where buildings, driveways, streets, parking, sewer and water lines, utility lines, sidewalks and walking are provided or required.
M.
Bufferyard. The development plan shall comply with the following bufferyard requirements:
(1)
Bufferyards shall be installed along the boundaries of the PNRD master plan as follows:
(a)
Boundaries Abutting a Residential Zoning District. A minimum of a Bufferyard 1 (utilizing the Forest Style Planting Conceptual Plan), pursuant to the requirements of § 27-214, Subsection 1C(2)(a), and Appendix 27-D of this chapter, shall be installed and maintained along all boundaries of the PNRD master plan that abut a residential zoning district.
(2)
The vegetation within the required bufferyards shall comply with the requirements of § 27-214, Subsection 1C(1), and Appendix 27-D of this chapter.
(3)
The development plan shall comply with §§ 27-214, Subsections 1C(2)(d), C(3), D, E, F, K. and M, of this chapter.
(4)
In addition to the required bufferyards along boundaries of the PNRD master plan abutting a residential zoning district, the massing of the landscaping is encouraged to enhance screening along such boundaries of the PNRD master plan.
N.
Landscaping. The development shall comply with the landscaping requirements of § 27-215 of this chapter.
O.
Common Open Space.
(1)
General Requirements. Not less than 20% of the total site area of a master plan shall be set aside for common open space. Common open space shall be arranged to take maximum advantage of the natural and physical characteristics of the site, to provide bufferyards for adjacent parcels and to place common open space within easy access and view of the buildings within the master plan. Common open space shall also be located within the development plan so as to comply with the following standards:
(a)
Common open space, at a minimum, shall include the undisturbed sensitive natural resource areas defined by the requirements of Part 4B (Environmental Performance Standards) of this chapter.
(b)
Common open space may contain parks, playgrounds, trails and other passive recreation facilities.
(c)
Common open space shall have a minimum width of 50 feet; provided, however, this width may be reduced to no less than 30 feet where such reduced width areas: 1) contain a trail; and 2) connect areas with a width of at least 50 feet.
(d)
Common open space shall be dedicated, preserved and maintained so as to always remain open and available for use by the occupants of the development.
(e)
Common open space land shall be accessible from a street within the development plan or shall adjoin and become part of an existing open space area that is accessible from a street within the development plan.
(f)
Common open space land shall be contiguous and usable for its intended purpose.
(g)
Land preserved for common open space (with the exception of playgrounds, trails and passive 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 Board of Supervisors, or its designee, and strict compliance with the Township's then-existing standards and requirements for the same.
(2)
Ownership Requirements. The common open space land, including all improvements related thereto, shall be owned under one of the following options:
(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; or
(d)
Owned by the owner(s) of lots within the master plan. Such person(s) shall operate and maintain the dedicated land and facilities for their originally intended use. Further, such person(s) shall not 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.
(3)
Maintenance Requirements. The developer shall provide for the perpetual maintenance of the common open space, under one of the following options:
(b)
The developer shall establish operation and maintenance requirements common to all lots in the PNRD master plan and provide for easements, covenants and restrictions which will guarantee perpetual operation and maintenance of the common open space. Such requirements shall be contained within a recorded instrument and shall otherwise be in a form and substance acceptable to the Township Solicitor.
P.
Sidewalks and Pedestrian Trails.
(1)
Sidewalks shall be provided along the street frontage of all lots in the PNRD master plan 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] and the Township Standard Details.
(2)
If, in addition, sidewalks or pedestrian trails are provided within the PNRD master plan to provide access to or through common open space or common facilities, then such sidewalks and pedestrian trails shall:
Q.
Public Water and Sewer Systems. All lots within the development plan shall be served by and connected to a public water system and a public sewer system.
R.
Vehicular Traffic and Access.
(1)
The site of the proposed development shall have direct access to one or more arterial or collector streets, as defined by the Subdivision and Land Development Ordinance [Chapter 22], to assure convenient and safe access which will not cause undue congestion or hazard on local streets.
(2)
The proposed development shall be served by one or more arterial or collector streets, 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 development shall be provided with a means of access from streets 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 such a need.
(4)
Where adjacent nonresidential areas are not subdivided and/or developed, the arrangement of streets in the new development plan shall make provisions for the proper projection of streets. Where a new development plan adjoins undeveloped and/or unsubdivided nonresidential 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.
(5)
Where a new nonresidential development plan is adjacent to a nonresidential 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 streets within the new nonresidential development plan shall be extended to or connected to the street location(s) in the adjacent nonresidential development.
§ 27-1111 Deviations by Waiver.
[Ord. 658, 4/9/2015]
1.
As part of a master plan application or an amended master plan application, the Board of Supervisors may approve deviations from the requirements of this Part; provided, however, the permitted use restrictions under § 27-1110, Subsection 2B, of this Part are not subject to waiver under the provisions of this section.
§ 27-1112 Nonseverability.
[Ord. 658, 4/9/2015]
The provisions of this Part are not severable. In the event any portion of this Part shall be declared invalid and unenforceable, it is the intention of the Township that the planned nonresidential development regulations of this Part and chapter be eliminated in their entirety.