Pocono Township City Zoning Code
ARTICLE VI
Planned Residential Development
§ 470-88 Definitions; statement of purpose.
A. PLANNED RESIDENTIAL DEVELOPMENT
As used in this article, the following terms shall have the meanings indicated:
An area of land not less than 20 acres in size controlled by a landowner, to be developed as a single entity for a number of dwelling units, the development plan for which does not correspond in lot size, bulk, use, density, intensity, type of dwelling, lot coverage and required open space to the regulations established in any one zoning district under the provisions of this chapter. A planned residential development shall not include mobile home parks.
B.
Specific purposes of the planned residential development regulations are:
(1)
The provisions of this article are enacted in order that the purposes of this chapter be furthered in an era of increasing urbanization and of growing demand for housing of all types and design.
(2)
To insure that the provisions of this chapter, which are primarily concerned with the uniform treatment of dwelling type, bulk, density and open space within the 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.
(3)
To encourage innovations in residential development and renewal so that the growing demand for housing and services may be met by greater variety in type, design and layout of dwellings and structures and by the conservation and more efficient use of open space ancillary to said dwellings and structures so greater opportunities for better housing and recreation may extend to all citizens and residents of the Township.
(4)
To encourage a more efficient use of land and of public services and to reflect changes in the technology of land development so that economies secured may endure to the benefit of those who need homes and for other uses.
(5)
To encourage more flexible land development which will respect and conserve natural resources such as streams, lakes, floodplains, wetlands, wooded areas, steeply sloped areas, areas of unusual beauty and significant natural habitats.
(6)
To provide a procedure which can relate the type, design and layout of residential to the particular site and the particular demand for housing existing at the time of development, in a manner consistent with the preservation of the property values within existing residential and nonresidential areas and to assure that the increased flexibility of regulations over land development authorized hereby is carried out pursuant to sound, expeditious and fair administration standards and procedures as shall encourage the disposition of proposals for land development without delay.
(7)
To insure that common open spaces shall be owned and maintained by the lot and/or building area owners through individual shares in an owner's association, one share for each lot, building area or unit.
(8)
To insure that the increased flexibility of regulations over land development authorized herein is carried out under such administrative standards and procedures as shall encourage the disposition of proposals for land development without undue delay.
§ 470-89 Compliance required.
No planned residential development of any tract or parcel of land shall be made, no street, sanitary sewer, storm sewer, water main or other improvements in connection therewith shall be laid out, constructed, opened or dedicated for public use or travel, or for the common use of the occupants of buildings abutting thereon, except in accordance with the provisions of these regulations.
§ 470-90 Applicability; effect of regulation amendments.
These regulations shall apply to all planned residential developments located within the limits of Pocono Township, which are submitted after the effective date of these regulations and also to all planned residential developments approved by and/or pending approval before the Township in full accordance with the following:
A.
Effect of regulation amendments. No amendments to this chapter, the Pocono Township Planned Residential Regulations or any other governing ordinance or plan shall affect the decision on previously submitted applications.
(1)
When an application has been duly tentatively approved, the applicant shall be entitled to a final review and approval or denial in accordance with the terms of the tentative approval.
(2)
If an application is properly and finally rejected or denied, any subsequent application shall be subject to these amended regulations and to any intervening change in any governing regulation, ordinance, or plan.
§ 470-91 Approval by sections.
In the case of a development plan calling for the installation of improvements beyond the five-year period, a schedule shall be filed by the landowner with the development plan delineating all proposed sections as well as deadlines within which applications for final approval of each section are intended to be filed. Yearly updating of the schedule shall be completed by the landowner on or before the anniversary of the tentative plan approval until final approval of the final section has been granted. Any modifications in the aforesaid schedule shall be subject to approval of the Board of Commissioners of Pocono Township.
§ 470-92 Time limits for completion by sections.
Provided the landowner has not defaulted with regard to or violated any of the conditions of the tentative plan approval, including compliance with the landowner's aforesaid schedule of submission of final plans, then the protections afforded by substantially completing the improvements depicted upon the final development plan within said five years shall apply. For any section or sections, in which the required improvements have not been substantially completed within the five-year period, the aforesaid protections shall apply for an additional term or terms of three years from the date of final plan approval for each section.
A.
Failure to meet schedule. Failure of the landowner to adhere to the aforesaid schedule of submission of final plans for the various sections shall subject any such sections to any and all changes in these regulations, this chapter, Planned Residential Regulations, and any other ordinances or plans enacted by the Township subsequent to the date of the initial planned residential development plan submission and no development or further development shall take place on the property included in the development plan until after the property is reclassified by enactment of an amendment to this chapter.
§ 470-93 Development in phases.
Development plans for a planned residential development may be submitted in phases in accordance with the following:
A.
Tentative approval. The locations and approximate submittal dates for each phase shall be clearly set forth on the plan submitted for tentative approval.
(1)
The phasing plan may be changed at any time prior to the date of any phase by submitting and receiving an approval from the Board of Commissioners on a plan setting forth a new phasing schedule.
B.
First phase minimum. A minimum of 20% of the total number of residential lots and/or dwelling units in the planned residential development shall be included in the first phase.
C.
Phase completion. The second and subsequent phases must be completed consistent with the development phasing plan and must be of such size and location that they constitute economically sound units of development.
(1)
In no instance shall the second and subsequent phases, except for the last phase, contain less than 15% of the dwelling units of the total development plan.
(2)
Gross residential density may be varied from phase to phase, provided that the average gross residential densities of all phases do not exceed the permitted average gross residential density for the entire planned residential development as set forth by Pocono Township.
§ 470-94 Driveway access to state highways; highway occupancy permit; liability.
No plan which will require driveway access to a highway under the jurisdiction of the Pennsylvania Department of Transportation shall be finally approved unless the plan contains a notice stating such.
A.
Highway occupancy permit. The following notice shall be on the plan: "A highway occupancy permit is required pursuant to Section 420 of the Act of June 1, 1945 (P. L. 1242, No. 428), known as the "State Highway Law,"[1] before driveway access to a state highway is permitted."
(1)
When a development will require a highway occupancy permit, the developer shall submit evidence to the Township that such permit has been obtained.
[1]
Editor's Note: See 36 P.S. § 670-420.
B.
Township liability. Pocono Township shall not be held liable for damages to persons or property arising out of the issuance or denial of a highway occupancy permit by the Pennsylvania Department of Transportation.
C.
Landowner's signature. The landowner's signature on the plan review application shall be deemed an acknowledgment and acceptance of this section.
§ 470-95 Modifications to regulations and requirements.
The standards, regulations and/or requirements of these regulations may be modified, either increasing or decreasing said standards, regulations and/or requirements, by the Board of Commissioners, where such modifications achieve substantially the objectives of this section of this chapter, provided that said modifications will not unduly tax the fiscal service obligations of the future residents and which are further protected by such covenants or other legal provisions as will assure conformity to and achievement of the planned residential development plan in the following cases:
A.
Energy. When the use of renewable energy systems and energy conserving building design are proposed.
B.
Environment. When unusual topography or other environmentally sensitive areas are involved.
C.
Planning. When in the opinion of the Board of Commissioners said modification will encourage and promote flexibility, economy and ingenuity in the layout and design of said planned residential development in accordance with modern and evolving principles of site planning and design.
D.
Conformation. When modifications have been permitted, the planned residential development shall still conform fully with all of the remaining regulations and requirements of this section.
§ 470-96 General requirements.
A.
Planned residential developments shall be permitted by conditional use in the R-2, RD and C Zoning Districts.
B.
The planned residential development shall consist of either single-family, two-family or multifamily dwellings, or a combination thereof, and such accessory uses as may be allowed in the section of this chapter which covers the proposed development, provided that the land use density within the planned residential development shall be regulated by the following general standards:
(1)
For tracts containing 50 acres or more with a DEP-approved sewage treatment plant capable of being integrated into a municipal or public sewage disposal system and central water, the maximum gross residential density shall not exceed five units per acre.
[Amended 7-18-2022 by Ord. No. 2022-04]
(2)
For all other qualifying tracts, the maximum gross residential density shall not exceed one unit per acre.
C.
The percentage of the planned residential development site which is to be covered by buildings, roads, parking areas and other impermeable cover shall not exceed 33% of the total site area.
D.
The percentage of the planned residential development site to be devoted to common open space shall not be less than 25% of the total site area.
E.
Adequate, safe and convenient pedestrian and vehicular circulation facilities, including roadways, driveways, off-street parking and loading, sidewalks, malls and landscape areas, to serve the development shall be provided.
F.
Paving and drainage facilities shall be designed to adequately handle stormwater and to prevent erosion and the formation of dust.
G.
Signs and lighting devices shall be properly arranged to avoid conflicts with residential uses.
H.
The orientation of buildings shall provide adequate light, air and open space and shall conform with the following:
(1)
Buildings containing multiple dwelling units shall be so arranged as to avoid undue exposure to concentrated loading or parking facilities and shall be so arranged as to preserve visual and audible privacy between adjacent buildings.
(2)
A building group may not be so arranged that a temporary or permanently inhabited building is inaccessible by emergency vehicles.
I.
All areas devoted to the utility purposes such as garage, storage areas, common washing or drying facilities and other such areas shall be adequately screened.
J.
Approved storm drainage, water supply and distribution and sanitary sewage collection and treatment facilities will be provided.
K.
No proposed buildings shall be constructed within 75 feet of any tract boundary line or any existing road right-of-way.
L.
Height regulations shall conform to the original underlying zoning district in which the development is to be located, except where the type of construction of the multifamily building is a Type I-A, I-B, II-A, or II-B and the fire-protective measures included in the design and construction of the building meet or exceed the provisions of Chapter 9 of the Building Code, in which case the maximum height of the structure may be increased to 50 feet.
[Amended 8-6-2012 by Ord. No. 2012-04]
M.
Any proposed planned residential development shall require submission of an impact analysis, which shall include an environmental impact study and a community impact study. The community impact study shall include a market study, traffic impact analysis, service impact and analysis of compatibility with local ordinances and plans. The proposed planned residential development shall also satisfy any other requirements set forth by the Commissioners, after submission of the tentative plan, to ensure that the health, safety and general welfare of the adjoining property owners and citizens of Pocono Township are protected to the fullest extent.
§ 470-97 Application procedures.
The following procedural steps outline the process for approval of a PRD application. Requirements for the content of the application documents are described in subsequent sections of this chapter.
A.
Sketch plan procedure.
(1)
The landowner may submit a sketch plan to the Township Board of Commissioners for preliminary discussion of intent.
(2)
The Board of Commissioners will discuss the sketch plan at a public meeting with the landowner.
(3)
The submission of a sketch plan is optional only, does not constitute a formal submission, shall not be deemed the beginning of the time period for review as prescribed by law or these regulations, and the review of the sketch plan by the Board of Commissioners shall not bind the Township to approve or accept any aspect of the complete application for tentative or final approval when and if submitted.
B.
Application procedure for tentative approval.
(1)
Fifteen complete copies of an application for tentative approval for a planned residential development shall be submitted by the landowner to the Township. The landowner shall also submit a filing fee to the Township in an amount specified on the fee schedule of the Township. No plan shall be considered as properly filed until such time as the filing fee is submitted to the Township.
(3)
The complete copies of the application for tentative approval will be distributed by the Township to the appropriate agencies and individuals.
(4)
Within 60 days after the Township receives both a complete application for tentative approval of a planned residential development and the required filing fee, a public hearing shall be held by the Board of Commissioners, which shall be advertised and conducted in the manner prescribed herein.
(5)
Public notice shall be published once each week for two successive weeks in a newspaper of general circulation in Pocono Township.
(6)
A letter from the Township with the date of the public hearing along with a copy of the "public notice" and a cover letter shall be forwarded to the applicant by United States Certified Mail, return receipt requested, within 30 days of the official submission.
(7)
The Zoning Officer shall conspicuously post notice of said public hearing at points deemed sufficient by the municipality along the tract to notify potentially interested citizens. Such public notice shall be posted at least seven days prior to the date of said public hearing.
(8)
(9)
Tentative approval.
(a)
The Board of Commissioners shall, within 60 days following the conclusion of the public hearing as provided above or within 180 days after the filing of the application, whichever first occurs, by official written communication to the applicant either:
(b)
Failure to so act within said period shall be deemed to be a grant of tentative approval of the development plan as submitted.
(10)
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 grant, with or without conditions, or for the denial. The written communication shall set forth with particularity in what respects the development plan would or would not be in the public interest including but not limited to findings of fact and conclusions on the following:
(a)
The extent to which the development plan departs from zoning and subdivision regulations otherwise applicable to the 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;
(b)
The respects in which the development plan is or is not consistent with the Comprehensive Plan for the development of the Township;
(c)
The purpose, location and amount of the common open space, the reliability of the proposals for maintenance and conservation of common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development;
(d)
The physical design of the development plan and the manner in which the design does, or does not, make adequate provisions for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment;
(e)
The relationship, beneficial or adverse, of the proposed planned residential development to the neighborhood in which it is proposed to be established; and
(f)
In the case of a development plan which proposes development over a period of years, the sufficiency of terms and conditions intended to protect the interests of the public and of the residents of the planned residential development in the integrity of the development plan.
(11)
In the event a development plan is granted tentative approval with or without conditions, the Board of Commissioners 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 provided for development over a period of years, the periods of time within which applications for final approval of each part thereof shall be filed. Except upon the consent of the landowner, the time so established between grant of tentative approval and application for final approval shall not be less than three months and in the case of developments over a period of years, the time between applications for final approval of each part of the plan shall not be less than 12 months.
(12)
The official written communication shall be mailed to the landowner. Where tentative approval has been granted, it shall be deemed an amendment to the Zoning Map, effective upon final approval, and shall be noted on the Zoning Map.
(13)
In the event the planned residential development is granted tentative plan approval subject to conditions, the landowner may, within 30 days after receiving a copy of the official written communication from the Township Board of Commissioners notify the Township Board of Commissioners of his refusal to accept all required conditions, in which case the Township Board of Commissioners shall be deemed to have denied tentative approval of the development plan. In the event the landowner does not, within 30 days, notify the Board of Commissioners of his refusal to accept all said conditions, tentative approval of the development plan along with any conditions shall stand as granted.
(14)
Tentative approval of a development plan shall not qualify a plan of the planned residential development for recording nor authorize construction or the issuance of any zoning and/or building permits. A development plan which has been given tentative approval as submitted, or which has been given tentative approval with conditions which have been accepted by the landowner (provided the landowner has not defaulted or violated any of the conditions of the tentative approval), shall not be modified or revoked or otherwise impaired by action of the Township pending application for final approval, without the consent of the landowner, provided an application or applications 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.
(15)
In the event a development plan is given tentative approval and thereafter, but prior to final approval, the landowner shall elect to abandon the development plan and shall so notify the Board of Commissioners 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 the portion of the area included in the development plan for which final approval has not been given shall be subject to those ordinances otherwise applicable thereto as they may be amended from time to time, and the same shall be noted on the Zoning Map and in the records of the Township Secretary.
C.
Application for final approval.
(1)
An application for final approval may be for all the land included in the development plan, or for a section of the development plan as delineated in the tentative approval.
(2)
Fifteen complete copies of an application for final approval shall be submitted by the landowner to the Township within the time specified by the official written communication granting tentative approval. The landowner shall also submit a filing fee to the Township in an amount specified on the fee schedule adopted from time to time by resolution of the Commissioners. No plan shall be granted final approval until such time as the filing fee is properly submitted to the Township.
(3)
Each copy of the application for final approval shall consist of the following:
(a)
All materials and information required for submission for the application for tentative approval;
(b)
All additional or revised materials required by the official written communication granting tentative approval;
(c)
All improvement agreements and security for construction of all improvements that may be required by the Board of Commissioners.
(4)
The complete copies of the application for final approval will be distributed by the Township to the appropriate agencies and individuals.
(5)
In the event an application for final approval has been filed as required by this article and the official written communication granting tentative approval, the Township Board of Commissioners, within 45 days after the Township receives the application, shall grant the development plan final approval.
(6)
A public hearing on an application for final approval shall not be required, provided the development plan submitted for final approval is determined to be consistent with this article and the official written communication granting tentative approval.
(7)
In the event the development plan as submitted contains substantial variations from the development plan given tentative approval, the Township Board of Commissioners may refuse to grant final approval, and within 45 days from the filing of the application for final approval, shall so advise the landowner in writing of its refusal, setting forth in the notice the reasons why one or more of the variations are not in the public interest.
(8)
Denial of approval.
(a)
In the event an application for final approval is denied approval, the landowner may either:
[1]
Refile his application for final approval without the variations objected to; or
[2]
File a written request with the Township Board of Commissioners that it hold a public hearing on his application for final approval. In which case, the Township Board of Commissioners shall consider the plan at its next regular public meeting. Should the Board of Commissioners elect to hold a special hearing, advertising requirements shall be in accordance with Article IX of the MPC.[2]
[2]
Editor's Note: See 53 P.S. § 10901 et seq.
(b)
If the landowner wishes to take either action, he may do so at any time within which he is 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 the required time, he shall be deemed to have abandoned the development plan.
(9)
Any public hearing on an application for final approval granted by the Township Board of Commissioners shall be held pursuant to public notice within 30 days after request for the hearing is made by the landowner, and the hearing shall be conducted in the manner prescribed herein for public hearings on applications for tentative approval.
(11)
The grant or denial of final approval of the development plan shall, in cases arising under this section, be in the form and contain the findings required for an application for tentative approval set forth herein.
D.
Recording of plan.
(1)
A development plan which has been granted final approval shall be certified without delay by the Township Board of Commissioners as being approved; provided, however, no development plan shall be certified unless security to secure the completion of improvements in accordance with Article V of the MPC[3] has been posted.
[3]
Editor's Note: See 53 P.S. § 10501 et seq.
(2)
Within 90 days after certification by the Board of Commissioners of final approval of the development plan, the plan shall be filed of record by the landowner in the office of the Recorder of Deeds of Monroe County.
(3)
Recording of the development plan after final approval of the Township Board of Commissioners shall have the effect of an irrevocable offer to dedicate to the public use, all streets and other public ways shown thereon unless reserved by the landowner as hereinafter provided. The approval of the Township Board of Commissioners shall not impose any duty upon the Township concerning maintenance or improvement of any such dedicated streets, or public uses, until the Township has accepted the same by ordinance or resolution.
(4)
No sale of lots or buildings, leasehold agreements, or construction of any buildings or development of any nature shall be permitted prior to recording of the approved development plan. The Zoning Officer shall not issue a permit unless the application for the permit is accompanied by a certificate of recording issued by the Recorder of Deeds. After evidence of recording has been presented to the Zoning Officer, the development plan shall be placed upon the Zoning Map of the Township.
(5)
In the event a development plan or section thereof is given final approval and thereafter the landowner shall abandon the plan or section thereof and shall notify the Township Board of Commissioners in writing; or the landowner shall fail to commence and carry out the planned residential development in accordance with the time provisions stated in Section 508 of the MPC,[4] no development or further development shall take place on the property included in the development plan until after the property is reclassified by enactment of an amendment to this chapter in the manner prescribed for such amendments in Article VI of the Pennsylvania Municipalities Planning Code.[5]
E.
Construction, dedication and maintenance of improvements.
(1)
After the landowner obtains the required permits in accordance with this chapter, other applicable Township ordinances and other approvals from any applicable authorities, he may proceed with construction of the planned development.
(2)
The Township shall inspect the improvements that are subject to the Township's jurisdiction, which are installed as part of the planned residential development in accordance with the provisions of Article V of the Pennsylvania Municipalities Planning Code.[6]
[6]
Editor's Note: See 53 P.S. § 10501 et seq.
(4)
All required improvements that have been offered for dedication shall be deemed to be private until such time as the improvements have been completely constructed and are accepted by the Township.
§ 470-98 Approval requirements.
A.
Sketch plan requirements.
(1)
The sketch plan may be an approximate drawing but should be drawn to scale.
(2)
The sketch plan shall contain at least the following information but need not necessarily show precise dimensions.
(a)
The location, size and topography (Monroe County GIS minimum) of the site and the nature of the landowner's interest in the land proposed to be developed.
(b)
The type and intensity of land use to be allocated to various parts of the site as well as the number of dwelling units.
(c)
If required, the general location and size of the common open space and the form of organization proposed to own and maintain the common open space.
(d)
The use and approximated location, height and bulk of buildings and other structures.
(e)
A written statement of a qualified professional concerning the feasibility of proposals for sewerage, water supply, and stormwater management, but not to include drawings.
(f)
The substance of protective covenants, grants or easements or other restrictions intended to be imposed upon the land, or the use of the land, buildings and other structures including proposed easements or grants for public utilities.
(g)
The provisions to be made for parking of vehicles, and the location, width and general alignment of streets and public ways.
(h)
The required modifications in the Township regulations, which would otherwise be applicable to the subject property.
(i)
In the case of development plans that call for execution over a period of years, an approximate schedule within which applications for final approval of all sections of the planned development may be expected to be filed.
(j)
The approximate tract boundary, North point, names of adjoining property owners, name and location of all abutting streets and utilities, and the location of any significant topographical and physical features.
B.
Requirements for tentative approval.
(1)
An Application for tentative approval shall be filed as specified below. A fee shall be required at the time of submission in accordance with the Township fee schedule.
(a)
A plan indicating the location, size, topography, and vegetative cover of the site and the nature of the landowner's interest in the land proposed to be developed.
(b)
A site plan and other drawings showing the overall density, impervious surface ratio, and open space ratio, and the density of the land use to be allocated to various portions of the site to be developed, the location and size of the common open space, the use, approximate height, bulk, and location of buildings and other information including building elevations, planting plan schedule, provisions for parking vehicles, and location and width of streets and public ways.
(c)
Such drawings and documents as are required to establish the feasibility of proposals for water supply and the disposal of sanitary wastes and stormwater, the substance of covenants, grants, easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures including easements or grants for public utilities.
(d)
If water is to be provided by means other than by private wells owned and maintained by the individual owners of lots within the PRD, evidence shall be presented that the planned residential development is to be supplied by a certificated public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority or utility. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement, or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence. If only an application for a certificate of public convenience from the Pennsylvania Public Utility Commission is provided, tentative approval shall be conditioned upon the applicant obtaining a certificate of public convenience.
(2)
Such application shall at a minimum contain the following:
(a)
Application form. The "Application for Approval of a Planned Development," supplied by the Township, shall be completed by the landowner or his agent.
(b)
Site plans.
[1]
Each map, plan and drawing shall be prepared by a professional engineer, surveyor, landscape architect or architect registered in the Commonwealth of Pennsylvania, who shall place his seal and signature on all applicable plans, maps, and drawings.
[2]
Site plans shall be drawn on sheets having a sheet size of 24 inches by 36 inches and shall be at a scale of 10 feet, 20 feet, 30 feet, 40 feet, 50 feet, 60 feet or 100 feet to the inch. Master site plans may be drawn at any legible scale or sheet size. The landowner should utilize the scale and plan format that presents the most readable plans. Site plans may consist of multiple sheets a key map showing the relationship of each sheet to the overall site plan is placed on all of the multiple sheets. Site plans shall show:
[a]
The project name or identifying title.
[b]
The name and address of the landowner of the tract, the developer, and the firm that prepared the plans.
[c]
The plan date, and the dates of all plan revisions.
[d]
A North arrow, a graphic scale, and a written scale.
[e]
The entire tract boundary with bearings and distances.
[f]
A location map, for the purpose of locating the site to be developed, at a minimum scale of 2,000 feet to the inch, showing the relation of the tract to adjoining property and to all major roads, municipal boundaries and streams existing within 1,000 feet of any part of the property proposed to be developed.
[g]
The plotting of all existing adjacent land uses and lot lines within 200 feet of the proposed development, including historic sites, and other significant natural or man-made features.
[h]
The names of all immediately adjacent landowners and the PIN of adjacent properties, including those across any adjoining roads.
[i]
Topographic information and identification of steep slopes differentiating between slopes from 15% to 20% and then all slopes greater than 20%. The extent of existing tree masses shall also be clearly shown.
[j]
The delineation of one-hundred-year floodplain as per the most recent Pocono Township FEMA Flood Insurance Study.
[k]
The delineation of all soil types as indicated by the USDA Natural Resources Conservation Service Soil Survey of Monroe County.
[l]
The plotting of all existing landmarks within the proposed development, including the location of all existing streets, buildings, easements, rights-of-way, sanitary sewers, water mains, storm drainage structures, and watercourses.
[m]
A list of site data, including but not limited to the following:
[i]
Total acreage of the tract.
[ii]
Zoning district.
[iii]
Proposed use of the land.
[iv]
Proposed gross area of the development.
[v]
Proposed gross residential density.
[vi]
Proposed number of dwelling units and building type.
[vii]
Acreage and percentage of common open space.
[viii]
Proposed number of parking spaces.
[n]
The approximate proposed location and dimensions of all proposed streets, access drives, parking areas and pedestrian circulation systems.
[o]
The proposed location of block or lot lines with approximate dimensions and areas.
[p]
The approximate radius and arc dimensions for all lot line and street line curves.
[q]
The typical size of all lots in square feet and acreage.
[r]
Notation indicating which existing structure on the tract is to be retained or removed.
[s]
The proposed location of building setback lines from all streets, and the distances between buildings and adjacent tract boundaries and lot lines.
[t]
The proposed location, size and use of all common open space areas and recreation facilities where applicable.
[u]
The proposed areas to be dedicated to the Township with approximate acreage of all areas and widths of all rights-of-way.
[v]
A proposed phasing plan of the development, which shall include the proposed time within which applications for final approval of all sections are intended to be filed.
[w]
Plans shall include information depicting typical roadway cross sections, lighting and planting.
[x]
Architectural concept drawings, photographs or pictures that demonstrate the architectural guidelines are to be submitted of each proposed structure type to demonstrate the vision of the planned residential development.
[y]
Urban design concept diagrams that graphically depict the planning principles expressed in this chapter as such have been applied in the development plan. The diagrams may be prepared at any appropriate scale and should illustrate the planning relationships of the common areas and streetscape to residential areas, sites for public and semipublic uses, community clubs and facilities, internal and peripheral open space, vistas and focal points, interconnections with the existing street and sidewalk system, buffers areas, and similar features of the plan.
(c)
Supporting information. This report shall contain the following information:
[1]
A statement of development justification setting forth the reasons why, in the developer's opinion, a planned residential development would be in the public interest and would be consistent with the Comprehensive Plan for the development of the Township and shall contain the following:
[a]
An evaluation of the impact of the proposed development upon the drainage and aquifer systems, including exhibits depicting existing streams, ponds, lakes, wetlands, groundwater recharge areas, floodplains and areas of permanent or seasonal high-water tables and proposed modifications or alterations to such features or areas.
[b]
An evaluation of the suitability of the soils present throughout the site for various components of community development, as applicable for the proposed development, including sewage effluent disposal, sewage lagoons, home site locations with basements, lawns and landscaping, streets and parking lots.
[c]
A compilation and analysis relative to the effect of the proposed planned residential development with respect to the impact upon existing and proposed public facilities, utilities and roadway systems. This includes a compilation and analysis of the costs to the Township and the projected revenue in comparison with the existing conditions and anticipated conditions if the development is created by conventional methods.
[d]
The report shall address the Comprehensive Plan, the Sewage Feasibility Plan and any other official plans or studies of the Township, and shall indicate areas of departure from and areas of compatibility with such official plans.
[e]
A community impact analysis relative to the effect of the planned residential development upon the Township setting forth the following:
[f]
A comparison of costs to the Township versus the revenue to the Township produced by the development.
[g]
Market analysis data that estimates potential market demand for various types of housing in the area of the proposed development.
[h]
A statement or schedule setting forth the modifications/deviations from the Township land use regulations otherwise applicable to the subject property.
[2]
Present zoning of the tract and adjacent properties.
[3]
A written statement describing the natural features of the tract including, but not limited to, an analysis of the hydrology, geology, soils, topography, and vegetation and such plans as are necessary to illustrate the existing features.
[4]
A listing of all proposed dwelling unit types, approximate square footage figures per unit, number of bedrooms, and structure types; a listing of all nonresidential structures with approximate square footage figures.
[5]
A description of the use and improvement of common open space throughout the tract, and the means by which the landowner will guarantee its continuity and maintenance.
[6]
The plotting of all existing landmarks within the proposed development including the location of all existing streets, buildings, easements, rights-of-way, sanitary sewers, water mains, storm drainage structures, and watercourses.
[7]
The ratio of vehicle parking spaces to dwelling units proposed.
[8]
A statement describing proposed lighting, sewerage, water, electric, gas, telephone, cable television and refuse removal.
[9]
A master utility plan including such drawings and documents as are required to establish the feasibility of proposals for water supply and the disposal of sanitary wastes, the substance of covenants, grants or other restrictions proposed to be imposed upon the use of the land, buildings and structures including easements or grants for public utilities to include, where applicable, the following:
[a]
Appropriate sewer authority. An acknowledgment of intent to provide service to the planned residential development and approval of the proposed points of connection and general location of mains and service laterals. Requirements for improvements to existing infrastructure and terms and conditions for easements shall be determined.
[b]
Appropriate water authority or company. An acknowledgment of intent to provide public water service to the planned residential development and approval of the proposed points of connection and general location of mains and service laterals. Requirements for improvements to off-site infrastructure and terms and conditions for easements shall be determined.
[10]
A master traffic impact study in accordance with such traffic impact study regulations as are set forth in Chapter 390, Subdivision and Land Development, or incorporated by reference at time of application. A master plan of proposed on and off-site traffic improvements which is coordinated with the project phasing plan shall be prepared and submitted as part of the study.
[11]
A master stormwater management plan and report which demonstrates the overall stormwater management concept for the project. Preliminary design of proposed major facilities and off-site improvements shall be described in sufficient detail to ascertain their feasibility and general compliance with applicable standards. Design standards shall be in accordance with Chapter 365, Stormwater Management.
[12]
A master landscape planting plan depicting the principal landscape plantings, i.e., buffers, street trees, natural areas or specimens to be preserved or augmented.
C.
Requirements for final approval.
(1)
All parts of the application for tentative approval shall be submitted. All maps, plans, drawings, and written material shall be revised according to the official written communication granting tentative approval. Revisions shall be noted and dated on all exhibits.
(2)
All additional maps, plans, drawings, agreements, approvals and other items required by the official written communication granting tentative approval shall be submitted.
(3)
The site plans shall include the following:
(a)
Source of title to the land of the planned residential development as shown by the records of the Monroe County Recorder of Deeds.
(b)
Lot lines with accurate bearings and distances; distances to be to the nearest hundredth of a foot and proposed survey monumentation.
(c)
Acreage of all lots.
(d)
Accurate dimensions and bearings and distances of any property to be dedicated or reserved for public, semipublic, or community use, including street center lines and street rights-of-way lines.
(e)
Accurate tract boundary lines with dimensions and bearings closing with an error of not more than one foot in 10,000 feet.
(f)
Accurate distance to the intersection of the center lines of the nearest established street intersection or official monument.
(g)
Complete curve data for all lot line, tract boundary line, street center line and street right-of-way line curves within the development. Curve data shall include radius, arc, tangent, angle of deflection, and chord bearing and distance.
(h)
Certification, with seal, by a registered professional to the effect that the plan is correct.
(i)
A certificate, duly acknowledged before an officer authorized to take acknowledgement of deeds and signed by the landowner of the property, to the effect that the planned residential development shown on the final plan is the act and deed of the landowner, that he is the owner of the property shown on the survey and plans, and that he desires the same to be recorded as such.
(j)
Certification of the offer of dedication of applicable required improvements.
(k)
A certificate for approval by the Township Commissioners.
(l)
A certificate to accommodate the recording information.
(m)
Certification with seal, by a registered professional permitted to design storm drainage facilities within the Commonwealth of Pennsylvania that the storm drainage facilities designed are in conformance with the Township regulations.
(n)
A notation describing any public uses, streets, drives or common open spaces which are not to be offered for dedication to the public, in which event the title to such areas shall remain with the landowner, and the Township shall assume no responsibility for improvements or maintenance thereof.
(4)
A lighting plan with the location and size of all street, parking compound, recreational and open space lighting fixtures whether freestanding or affixed to buildings, including the delineation of isolux lighting lines at increments of 0.2, 0.5 and 1.0 footcandle for each fixture, as applicable, and construction details, manufacturer's specifications, elevations, materials and colors for each type of lighting fixture proposed.
(5)
A planting plan for the development, except for single-family detached and semidetached lots to be sold to individual owners. The planting plan shall include the identification and location of the following information:
(a)
All pertinent information regarding the general site layout, existing man-made and natural features on the tract, proposed grading, existing vegetation to be retained and other conditions affecting proposed landscaping.
(b)
Proposed plantings, including shade trees, designated by symbols appropriately scaled to represent the sizes of such at time of planting. Planting beds shall be shown by a clearly delineated border outline. Identification of all proposed plantings shall be numerically quantified and keyed to the planting schedule by the first letters of each plant's botanical name.
(c)
A planting schedule shall be provided for all proposed plantings, including botanical and common plant names, identification key, total quantity, size (height, width and caliper) at time of planting based on American Association of Nurserymen increments and minimum size of maintenance after a three-year growth period.
(d)
Details and specifications for all proposed plantings, topsoiling, seeding and mulching, including notes regarding special maintenance requirements temporarily during the period of establishment, or permanently, and the limits of any such special maintenance areas.
(e)
Proposed buffering, screening, walls and fences, including construction details, cross sections, elevations, manufacturer's specifications, materials and colors for same.
(f)
Proposed walkways, paths, common open space and recreation areas and facilities, ponds, common mailboxes, solid waste and recycling storage facilities. Construction details, cross sections, elevations, manufacturer's specifications, materials and colors for all of the above items where applicable.
(6)
A signage plan for the development, including construction details, elevations, signage message or content, materials and colors for each type of sign proposed.
(7)
Profile drawings shall be submitted for all streets, storm sewers, water mains and sanitary sewer mains. Generally, the drawings shall be at a scale of 50 feet to the inch horizontally and 10 feet to the inch vertically. Existing and proposed grades shall be shown on each drawing.
(8)
Cross sections, details and specifications shall be submitted for all improvements, including streets, parking lots, curbs, sidewalks, bikeways, recreation facilities, play equipment, lighting, planting, sanitary sewer facilities, water mains and sediment and erosion control facilities.
(9)
Urban design concept diagrams that graphically depict the planning principles expressed in this chapter as such have been applied in the development plan. The diagrams may be prepared at any appropriate scale and should illustrate the planning relationships of the common areas and streetscapes to residential areas, sites for public and semipublic uses, community clubs and facilities, internal and peripheral open space, vistas and focal points, interconnections with the existing street and sidewalk system, buffer areas, and similar features of the plan.
(10)
Declaration of covenants, grants of easements, conditions, and restrictions.
(a)
All deeds for conveyance of property within the planned development shall bind the purchasers to the declaration of covenants, grants of easement, conditions, and restrictions and shall state the requirement of mandatory membership for all owners in the development in the owners' association, if such an association is to be created for the ownership, administration and maintenance of the common open space.
(b)
Copies of any other restrictions that will run with the land and will become covenants in the deeds of the lots shall be submitted.
(11)
An agreement shall be entered into between the Township and the landowner to cover in detail the improvements required to be constructed as a condition of acceptance of a planned residential development which specifies time limits for the completion of required improvements. The items to be covered by the agreement shall include, but not necessarily be limited to, the construction of streets, storm drainage facilities, sanitary sewers, waterlines, street signs, survey markers and monumentation, sidewalks, curbs, off-street parking, streetlights, street trees, fire protection, and common open space improvements.
(12)
Financial security shall be calculated and posted to secure the completion of improvements in accordance with the requirements of Article V of the Pennsylvania Municipalities Planning Code[1] and the Township Planned Residential Regulations. The financial security shall be released as construction progresses in accordance with the procedure set forth in Article V of the Pennsylvania Municipalities Planning Code. Upon completion of the improvements and acceptance of dedication by the Township of any improvements, the landowner shall post financial security to secure the structural integrity and functioning of the improvements, which have been accepted by the Township in accordance with the requirements of Article V of the Pennsylvania Municipalities Planning Code.
[1]
Editor's Note: See 53 P.S. § 10501 et seq.
(13)
The proposed location, width, and purpose of all easements.
(14)
A grading plan of the development.
(15)
A clearing and vegetation protection plan showing and identifying the location of all area of the tract to be cleared, all areas of soil disturbance, all areas of topsoil stockpiling during the period of development, all existing vegetation to be retained, details for the methods of vegetation protection during the period of development.
(16)
Pennsylvania Department of Transportation: highway occupancy permits.
(17)
Monroe County Soil Conservation District: approval of soil erosion and sediment control plans.
(18)
Pennsylvania Department of Environmental Protection: sewer and water approval; erosion and sediment control approval (earthmoving).
(19)
Electric company: approval of the location of all electric power lines and easements, if applicable.
(20)
Gas company: approval of location of all gaslines and easements, if applicable.
(21)
Appropriate utility and transmission companies: approval of development around rights-of-way and easements.
(22)
Appropriate railroad company: approval of any proposed grade crossings, utility crossings, rail extensions or alterations.
(23)
Local postmaster: approval of street names.
(24)
Updated traffic impact study pertaining to the phase to be constructed, if applicable.
§ 470-99 Common open space.
A.
Twenty-five percent of the total site area of the PRD shall be allocated to and shall remain common open space. Common open space within the Floodplain District shall be included within the required common open space; however, the provisions of that district shall apply. Common open space shall be deed restricted to prohibit future subdivision or development, except for recreational or golf course uses that may be permitted with the approval of the Pocono Township Commissioners. Golf courses shall be allowed in the common open space of a planned residential development only if limited to use by the property owners/residents or if the golf course area is not counted toward the minimum required common open space. The common open space shall be provided in the form of internal open space and peripheral open space.
B.
Internal open spaces (Illustrations 1 and 2 below) shall contain a minimum area of 500 square feet and shall be of a distinct geometric shape (generally rectilinear or square) appropriate for use as a public space. Internal open spaces shall function as traditional urban public space, i.e., park, monumental, public gathering or visual. Internal open spaces shall in general be the focus or be spatially enclosed by the buildings that front on the area or front upon the streets bounding the area.
C.
Common open space, particularly peripheral open space areas, containing existing attractive or unique natural features, such as streams, creeks, ponds, floodplains, wetlands, woodlands, specimen trees and other areas of matures vegetation worthy of preservation may be left in unimproved and natural state. As a general principle, the preservation of undeveloped open space in its natural state or as existing farms is encouraged. To the greatest extent possible, common open space shall include all environmentally sensitive areas, including areas with slopes greater than 20%, one-hundred-year floodplains, wetlands, areas of seasonally high water, and other such critical areas. Existing man-made features, such as farmsteads, may be preserved through incorporation in common open space.
D.
Peripheral open space (Illustration 2) areas may be used for public and semipublic recreation purposes with the approval of the Township Commissioners.
Illustration 1 - Community green surrounded by neighborhood development.  |
Illustration 2 - Neighborhood development focused on central internal open space (community green) and surrounded by peripheral open space.  |
E.
Recreational facilities shall be required to serve the anticipated needs of the residents of the PRD, taking into account the anticipated characteristics and demographic profile of the developments' population, the recreational facilities available in neighboring developments, and the relevant provisions regarding recreational facilities contained in the Comprehensive Plan.
(1)
Cemeteries may be permitted in both internal and peripheral open space areas with the approval of the Township Commissioners.
(2)
The buildings, structures, and improvements permitted in the common open space shall be appropriate to the authorized uses and shall conserve and enhance the amenities of the common open space with regard to its topography and unimproved condition.
F.
The phasing plan of the PRD shall coordinate the improvement of the common open space with the construction of dwellings. At no time in the development of various phases of the PRD may the total area of common open space in the phases developed be less than 25% of the gross area of the developed lands unless additional areas to produce the required percentage are permanently reserved as common open space on the remaining land of the total development. The location or size of this reserved common open space on remaining land may be altered or changed upon the approval and recording of the development plan of an additional phase of development.
G.
The ownership, administration and maintenance of common open space shall be arranged to be in accordance with one or more of the following:
H.
The Township may accept dedication of common open spaces, or any interest therein, for public use and maintenance, for no consideration to be paid by the Township. The Township shall have no duty to maintain or improve the dedicated common open space unless and until it has been accepted by formal action of the Township. This provision does not preclude future plan modification by the developer.
I.
The landowner may establish a property owners' association made up of the owners of property in the planned residential development, for the purpose of owning, administering and maintaining common open space; provided, however, the association shall not be dissolved nor shall it dispose of the common open space by sale or otherwise (except to an organization conceived and established to own, administer and maintain common open space approved by the Township) without first offering the common open space for dedication to the Township. The property owners' association shall be empowered to levy and collect assessments from the property owners of the PRD to cover replacements, working capital, operating expenses, insurance against casualty and liability, and contingencies.
J.
The landowner may establish a deed or deeds of trust, approved by the Township Commissioners, for the purpose of owning, administering and maintaining common open space, with the Trustee empowered to levy and collect assessments from the property owners of the PRD to cover replacements, working capital, operating expenses, insurance against casualty and liability, and contingencies.
K.
With permission of the Township, and with appropriate deed restrictions in favor of the Township and in language acceptable to the Township Solicitor, the developer may transfer the fee simple title in the common open space or a portion thereof to a private, nonprofit organization among whose purposes is the conservation of open space land and/or natural resources; provided that:
(1)
The organization is acceptable to the Township and is a bona fide conservation organization with a perpetual existence;
(2)
The conveyance contains appropriate provisions for proper retransfer or reverser in the event that the organization becomes unable to continue to carry out its functions; and
(3)
A maintenance agreement acceptable to the Township is entered into by the developer, organization and Township.
L.
In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after the establishment of the PRD fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Township may serve written notice upon such organization or upon the residents of the PRD setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be corrected within 30 days thereof, and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. At such hearing, the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said 30 days or any extension thereof, the Township, in order to preserve the taxable values of the property within the PRD and to prevent the common open space from becoming a public nuisance, may enter upon the common open space and maintain the same for a period of one year. Said maintenance by the Township, shall not constitute a taking of said common open space, nor vest in the public any rights to use the same. Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization, or to the residents of the PRD, to be held by the Township, at which hearing such organization or the residents of the PRD shall show cause why such maintenance by the Township, shall not, at the option of the Township, continue for a succeeding year. If the Township shall determine that such organization is ready and able to maintain the common open space in reasonable condition, the Township shall cease to maintain said open space at the end of said year. If the Township shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the Township may, in its discretion, continue to maintain said common open space during the next succeeding year, and the decision of the Township shall be subject to appeal to court in such manner, and within the same time limitation, as is provided for zoning appeals by the Pennsylvania Municipalities Planning Code,[1] as amended or supplemented. The cost of maintenance of such common open space by the Township shall be assessed ratably against the properties within the planned residential development that have a right of enjoyment of the common open space, and shall become a lien on said properties. The Township, at the time of entering upon said common open space for the purpose of maintenance shall file a notice of lien in the office of the Prothonotary of Monroe County, Pennsylvania, upon the properties affected by the lien within the planned residential development.[2]
§ 470-100 Installation or guarantee of required and promised improvements.
A.
Improvements to be provided by applicant. In all cases, the applicant shall be responsible for the installation of all required and promised improvements in the manner specified below.
(1)
The Engineer or the Township's designee shall make such inspections of the required improvements, at such intervals, as may be reasonably necessary to assure compliance with the provisions of this chapter. The reasonable cost of such inspections shall be borne by the applicant. The required improvements and the design standards for constructing them are set forth in Chapter 390, Subdivision and Land Development.
B.
Method of providing improvement.
(1)
No planned residential development plan shall receive final approval by the Board of Commissioners unless the streets shown on the plan have been improved to a mud-free and permanently passable condition. As used herein, the phrase "mud-free and permanently passable condition" shall refer to the street design standards and the street construction standards of Chapter 390, Subdivision and Land Development; provided, however, that phrase shall not refer to the obligation under Chapter 390, Subdivision and Land Development, to install surface course road paving.
(2)
No planned residential development plan shall receive final approval unless the streets shown on the plan have been improved to a "mud-free and permanently passable condition," as that phrase is used above, or unless the applicant by contract and plan notation agrees not to sell, transfer or convey any lot or plot nor seek any building permit until the roads are improved in accordance with the applicable provisions of this chapter. In the event an applicant seeks final plan approval without having begun the road improvements, the applicant shall thereafter submit to the Township detailed plans and specifications for the construction of roads and drainage thereof before commencing any road work.
(3)
Nor shall any planned residential development receive final approval unless all other required improvements (including the surface course road paving) and promised improvements have been installed to the satisfaction of the Commissioners or their authorized designee; provided, however, in lieu of completion of the improvements mentioned in the preceding clause of this sentence, the Commissioners will accept an irrevocable letter of credit from a federal or commonwealth chartered lending institution authorized to do business in the Commonwealth of Pennsylvania or other financial security acceptable to the Commissioners (hereafter referred to as "performance guarantee") accompanied by a signed development agreement in form satisfactory to the Commissioners.
(4)
Where submission of a planned residential development by sections or stages has been approved, the Commissioners may require construction of, or guarantee of, improvements in future sections or stages before granting final approval to the plan under consideration, if such future improvements are essential for the protection of the stage or section under consideration.
(5)
Performance guarantee. The performance guarantee for completion of required improvements and promised improvements shall meet the following requirements:
(a)
The amount of the financial security to be posted for the completion of all required and promised improvements shall be equal to 110% of the cost of completion estimated as of 90 days following the date scheduled for completion by the applicant. Annually, the Township may adjust the amount of the financial security by comparing actual cost of the improvements which have been completed and the estimated cost for the completion of the remaining improvements as of the expiration of the 90th day after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment; the Township may require the applicant to post additional security in order to assure that the financial security equals said 110%. The amount of financial security required shall be based upon an estimate of the cost of completion of the required and promised improvements, submitted by the applicant and prepared by a professional engineer licensed as such in the commonwealth, and certified by such engineer to be a fair and reasonable estimate of such cost. The Board of Commissioners, upon the recommendation of the Engineer, may refuse to accept such estimate for good cause shown. If the applicant and the Board of Commissioners are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in this commonwealth and chosen mutually by the Board of Commissioners and the applicant. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third engineer is so chosen, fees for the services of said engineer shall be paid equally by the Township and the applicant; and
(b)
It shall provide for, and secure to the public, the completion of the improvements within one year of the date fixed on the final plan for completion of such improvements; and
(c)
The obligation shall be in favor of, and enforceable by, the Board of Commissioners of Pocono Township and the ultimate grantees, lessees or licensees of the applicant or developer; and
(d)
The guarantee shall be secured by the credit of any of the following: the irrevocable letter of credit of a federally or commonwealth chartered lending institution authorized to do business in the Commonwealth of Pennsylvania; a lending or escrow account in such a lending institution; or other financial security acceptable to the Board of Commissioners. The precise form of the security acceptable as a performance guarantee will depend upon what improvements have not been completed when the final plan is submitted; their anticipated cost; whether they are required or promised improvements; and the Commissioners' evaluation of the financial risk of nonperformance.
(6)
Development agreement.
(a)
All applicants proposing any planned residential development requiring the installation of improvements as required herein or promised shall be required to enter into a legally binding development agreement with the Township of Pocono guaranteeing the installation of the improvements in accordance with all Township requirements prior to final approval of the planned residential development. The development agreement (a form of which may be obtained from the Township) shall be in a form suitable for execution by the Board of Commissioners and it shall consist of the following, where applicable:
[1]
The construction depicted upon the plan in itemized format.
[2]
Construction of streets with related curbs, street signs, drainage facilities and related improvements.
[3]
Installation of utility lines.
[4]
Dedication of streets, transfer of water and sewer lines and easements. In the event public water or sewer lines are offered for transfer to the Township or a municipal authority, there shall be no charge, cost, or payment of any nature imposed upon the Township or municipal authority. In the event streets are offered for dedication to the Township, the applicant shall bear all costs of the Township's inspections before acceptance of the offer of dedication and all costs of document preparation and recording. The Township will only consider offers of dedication of streets or roads during the period of April 15 to October 15 of each calendar year.
[5]
Prevention of erosion, sedimentation and water damage to the subject and adjacent properties.
[6]
The developer's responsibilities for damage to other property.
[7]
A work schedule setting forth the beginning and ending date, and such other details as the Township deems fit and appropriate for the improvements covered by the development agreement.
[8]
The estimated cost of the improvements not yet completed, including a detailed breakdown in a form acceptable to the Board of Commissioners, and the amount of the performance guarantee.
[9]
In the event of the dedication of any improvements, security, in the form of a maintenance bond or escrow deposit, for the repair or reconstruction of improvements which are found by the Engineer to be defective within 18 months from the date of acceptance of dedication, shall be included together with provisions for disbursement thereof. (See Chapter 390, Subdivision and Land Development.)
[10]
Where improvements are intended to be offered for dedication to the Township, prior to the final release of any performance guarantee the applicant shall provide the Township with one Mylar and two prints of "as built" plans prepared and certified by a professional engineer showing the following:
[a]
Actual location of all concrete monuments, which were set at all angle breaks, points of curvature and tangents around the perimeter of the total tract. When the outside perimeter of a tract falls within or along an existing road right-of-way, then the right-of-way of that roadway shall be monumented at the above reference points.
[b]
Actual location of all iron pins or drill holes in curbs for all individual lot lines.
[c]
Actual cul-de-sac radius.
[d]
Actual location of cartway center line versus right-of-way center line.
[e]
Actual location of floodplain by elevation and dimension from property line.
[f]
Actual location and cross section of swales and accompanying easements.
[g]
Actual horizontal and vertical location of stormwater management facilities, including type and size of storm drainage pipes, and water and sanitary sewer distribution facilities.
[11]
Remedy provisions for violation of the development agreement.
[12]
Provisions requiring that the developer shall secure or maintain public liability insurance for the duration of the installation/construction of the improvements. A copy or other evidence of coverage acceptable to the Township shall be submitted to the Township.
[13]
An indemnification and hold harmless provision to protect the Township from liability.
[14]
Following construction, the applicant shall provide the Township with a certified statement prepared by a professional engineer licensed in the Commonwealth of Pennsylvania to the effect that the sanitary sewers, sewage treatment facilities, stormwater management facilities and water supply and distributing facilities comply with the approved plans and have been constructed in accordance with all applicable rules and regulations.
[15]
The applicant shall be responsible for all reasonable engineering and legal costs and expenses for inspections, consultations, and preparation of agreements, to the extent that such costs and expenses exceed the monies paid by the applicant in accordance with the Pocono Township standard fee schedule.
(b)
The planned residential development shall not receive final approval by the Board of Commissioners prior to the execution of the development agreement, and the delivery of the performance guarantee.
C.
Method of approving required improvements.
(1)
The applicant shall notify the Township Board of Commissioners in writing, with a copy thereof to the Engineer, by certified or registered mail, that the required improvements have been made. Within 10 days of receiving this notice, the Board of Commissioners shall direct the Engineer to inspect all of the aforesaid improvements. The Engineer shall make his inspection and file a report with the Board of Commissioners and mail a copy of the same by certified or registered mail to the applicant within 30 days after receipt by the Engineer of the aforesaid direction to the Engineer from the Board of Commissioners; said report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part, and if said improvements, or any portion thereof, shall not be approved or shall be rejected by the Engineer, said report shall contain a statement of the reasons for such nonapproval or rejection.
(2)
Where appropriate, the Township may require that periodic inspections be made of the aforesaid improvements, in which case the developer's failure to comply with that schedule of inspections shall be grounds for disapproval. The developer shall notify the Township of the progress of construction to enable the Engineer to make such inspections.
(3)
The Board of Commissioners shall consider the Engineer's report and notify the applicant within 15 days of receipt of said Engineer's report, in writing, by certified or registered mail, of the action of the Board of Commissioners with relation thereto. If any portion of said improvements shall not be approved or shall be rejected by the Board of Commissioners, the applicant shall proceed to complete the same, and, upon completion, the same procedure of notification, as outlined herein, shall be followed. Nothing herein, however, shall be construed in limitation of the applicant's right to contest or question by legal proceedings or otherwise, any determination of the Board of Commissioners or the Engineer.
(4)
The Applicant shall reimburse the Township for the reasonable and necessary expenses incurred for the inspection of improvements. Such reimbursement shall be based upon a schedule established by ordinance or resolution of the Board of Commissioners.
(a)
In the event the applicant disputes the amount of any such expense in connection with the inspection of improvements, the applicant shall, within 10 working days of the date of billing, notify the Township that such expenses are disputed as unreasonable or unnecessary, in which case the Township shall not delay or disapprove a planned residential development application or any approval or permit related to development due to the applicant's request over disputed engineer expenses.
(b)
If, within 20 days from the date of billing, the Township and the applicant cannot agree on the amount of expenses which are reasonable and necessary, then the applicant and Township shall jointly, by mutual agreement, appoint another professional engineer licensed as such in the Commonwealth of Pennsylvania to review said expenses and make a determination as to the amount thereof which is reasonable and necessary.
(c)
The professional engineer so appointed shall hear such evidence and review such documentation as the professional engineer in his or her sole opinion deems necessary and render a decision within 50 days of the billing date. The applicant shall be required to pay the entire amount determined in the decision immediately.
(d)
In the event that the Township and the applicant cannot agree upon the professional engineer to be appointed within 20 days of the billing date, then, upon application of either party, the President Judge of the Court of Common Pleas of Monroe County, Pennsylvania, shall appoint such engineer, who, in that case, shall be neither the Engineer nor any professional engineer who has been retained by, or performed services for, the Township or the applicant within the preceding five years.
(e)
The fee of the appointed professional engineer for determining the reasonable and necessary expenses shall be paid by the applicant if the amount of payment required in the decision is equal to or greater than the original bill. If the amount of payment required in the decision is less than the original bill by $1,000 or more, the Township shall pay the fee of the professional engineer, but otherwise, the Township and the applicant shall each pay 1/2 of the fee of the appointed professional engineer.
D.
Maintenance bond. Where the Commissioners accept dedication of all or some of the required or promised improvements following completion, the Commissioners may require the posting of financial security to secure structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted on the final plan for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be of the same type as otherwise required in this chapter with regard to installation of such improvements, and the amount of the financial security shall not exceed 15% of the actual cost of installation of said improvements.
E.
Remedies to effect completion of improvements. In the event that any improvements have not been installed as provided in this chapter, or in accord with the approved final plan, the Board of Commissioners may enforce any security by appropriate legal and equitable remedies. If the proceeds of such security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said security, the Board of Commissioners may, at its option, install part of such improvements in all or part of the planned residential development and may institute appropriate legal or equitable action to recover the monies necessary to complete the remainder of the improvements. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the applicant, or both, shall be used solely for the installation of the improvements covered by such security, and not for any other Township purpose.
§ 470-101 Design standards and improvements.
A.
Application. The design standards and requirements outlined in this article shall be applied by the Commissioners in evaluating plans for all proposed planned residential developments.
B.
Natural and historic feature preservation. The Commissioners shall, at their discretion, require that the design and development of all planned residential developments shall preserve insofar as possible, all natural, scenic and historic features, which will add attractiveness by providing parks, adequate open space for recreation, light and air by proper distribution of population thereby creating conditions favorable to the health, safety, morals and general welfare of the citizens and for the harmonious development of the Township. Some of these features are the natural terrain and natural drainage, large trees or groves, watercourses and falls, historic areas and structures, exceptional scenic views and landmarks, and other community assets. Land subject to hazardous conditions such as open quarries, unconsolidated fill, floods, excessive erosion, precipices, and water supply which does not meet adequacy requirements or United States Public Health Service Standards shall not be developed until the hazards have been eliminated or overcome by the proposed development.
(1)
Soil protection. If required by regulations of the Department of Environmental Protection, an applicant shall submit, as part of the application for final approval, an erosion and sedimentation control plan prepared by a person trained and experienced in erosion and sedimentation control methods and techniques as provided for under Title 25 Rules and Regulations, Chapter 102, issued by the Department of Environmental Protection. Such plans shall be submitted by the applicant to the Monroe County Soil and Water Conservation District for review and recommendation of the District Directors. Two copies of the erosion and sedimentation control plan with any required approval or permit by the appropriate agency shall be submitted to the Township Commissioners with the application for final approval. Regardless of the requirements of the Department of Environmental Protection, if the planned residential development will require excavation or fill, the applicant shall be required to submit an erosion and sedimentation control plan prepared by a person trained and experienced in erosion and sedimentation control methods and techniques.
C.
Water supply and sewage disposal requirements.
(1)
All planned residential developments shall be served with an adequate water supply and sewage system, either on-lot, public, or private central systems. All such systems shall be acceptable to the Pennsylvania Department of Environmental Protection and the Board of Commissioners. All residential lots shall contain a suitable area for an on-lot sewage disposal system or be served by an approved central sewage disposal system.
(2)
All suppliers of nonmunicipally owned water and/or sewer services shall be organized in such fashion as to fall within the jurisdiction of the Pennsylvania Public Utility Commission or the applicant shall provide for operation and continuity of services in a manner which is acceptable to the Board of Commissioners. In the event any such central water and/or central sewer system is transferred to the Township or a municipal authority, neither the applicant nor the applicant's assignee shall be entitled to receive compensation or payment therefor, and in no event shall the Township or municipal authority be obligated to accept such system by virtue of the terms of this chapter.
(3)
One copy of all correspondence, supporting documentation, applications for permits, and certificates for operation submitted to the Department of Environmental Protection and/or Pennsylvania Public Utility Commission for the right to provide such services shall be forwarded to the Township as a part of the public record. One copy of the permit and/or certificate of convenience issued by DEP and the PUC authorizing such services shall be forwarded upon receipt to the Township as a part of the public record.
(4)
Plans and specifications for central water and/or sewage systems (i.e., extension of an existing or new proposed utility) shall be prepared by a registered professional engineer well versed in the design of such systems and duly licensed to practice within the Commonwealth of Pennsylvania. A minimum of four complete sets of preliminary plans for such systems shall be submitted to the Commissioners with the application for tentative approval. A minimum of four complete sets of approved plans and specifications shall be submitted to the Commissioners with the application for final approval.
(5)
Four copies of a completed planning module for land development shall be submitted concurrent with, or prior to application for final approval. DEP approval of the module and any required Township Official Sewerage Facilities Plan revision or supplement will be required prior to final approval.
(6)
Public or private central water system. Developers shall provide connection to a public water system where such system is available. Proposed central water systems shall meet the applicable development procedures and requirements of Chapter 390, Subdivision and Land Development, prior to final approval of any section of the planned residential development relying upon such system.
(7)
Central sewers.
(a)
Developers shall provide sewer connections to a public sewer system if such system is available within 100 feet of the property/developments borders.
(b)
If a county plan, regional plan, municipal plan or subdivision requirement indicates that construction of sanitary sewers will serve the site within approximately five years, then capped sewers shall be required. When public sanitary sewer systems may not be available within 10 years, then a central sewage treatment and disposal system (commonly called a "package treatment plant") or a central subsurface disposal system shall be installed by the developer.
(c)
Central sewers are required for all developments where the Board of Commissioners determines upon review of competent data and information that on-site soil conditions are unsuitable for on-lot subsurface disposal systems.
(d)
Design standards, materials, and specifications shall be as outlined in the current Pennsylvania Department of Environmental Protection Sewerage Manual, Publication No. 1, supplements thereto and all other requirements either federal or state necessary to secure the requisite permit from such agencies.
D.
Stormwater drainage. The applicant shall furnish six copies of a stormwater drainage plan and associated calculations to the Commissioners for review and analysis. Said plan shall comply with Chapter 365, Stormwater Management, and shall also meet the Commonwealth of Pennsylvania Title 25, Chapter 102, Department of Environmental Protection requirements for an erosion and sedimentation control plan and any current Act 167 Watershed Study in effect at the time of final plan submittal. The Commissioners shall submit one copy of the stormwater drainage plan to the Engineer for review and comment. Following are additional stormwater drainage planning requirements.
(1)
Lots shall be laid out and graded to prevent cross lot drainage and to provide positive drainage away from proposed building areas. Natural drainagecourses shall be maintained. (See Chapter 390, Subdivision and Land Development.) The drainage easements may be incorporated into a lot or established separately and apart therefrom. To minimize sheet flow of stormwater across lots located on the lower side of roads or streets, and to divert flow away from building areas, the cross section of the street as constructed shall provide for parallel ditches or swales or curbing on the lower side which shall discharge only at drainage easements.
(2)
The existing points of natural drainage discharge onto adjacent property shall not be altered nor shall the rate of water runoff be increased because of development without the written approval of all affected landowners.
(3)
No stormwater runoff or natural drainage water shall be so diverted as to overload existing drainage systems, or create flooding or the need for additional drainage structures on other private properties or public lands, without complete approval of provisions being made by the developer for properly handling such conditions, including water runoff impoundments, if necessary.
(4)
Storm drainage facilities should be designed not only to handle the anticipated peak discharge from the property being subdivided, but also the runoff that occurs from all the property at a higher elevation in the same watershed in its current state of development.
(5)
Where a planned residential development is traversed by a watercourse there shall be provided a drainage easement conforming substantially to the line of such watercourse of such width as will be adequate to preserve the unimpeded flow of natural drainage.
(6)
Drainage structures that are located on state highway rights-of-way shall be approved by the Pennsylvania Department of Transportation, and a letter from that office indicating such approval shall be directed to the Township Commissioners prior to final approval.
(7)
All streets shall be so designed as to provide for the discharge of surface water from their right-of-way.
(8)
All proposed surface drainage structures shall be included on the drainage plan of the tentative plan submittal. All final stormwater management design must be included in the final plan submittal for any particular phase.
(9)
Interceptors for stormwater runoff along streets shall be so spaced and so designed to intercept 80% of the peak runoff from the design storm.
(10)
Drainage plans shall include all appropriate designs, details and dimensions necessary to clearly explain proposed construction materials and elevations.
(11)
Whenever storm drains are required by the Board of Commissioners, such storm sewer system shall be separate from the sanitary sewer system. Storm drains or storm sewer facilities may be required in any development situation where the Board of Commissioners determine that surface drainage facilities are inadequate to prevent excessive erosion and lot or road maintenance problems.
(12)
Description of an ownership and maintenance program, in a recordable form, that clearly sets forth the ownership and maintenance responsibilities for all temporary and permanent stormwater management facilities, including the following:
(a)
Description of the method and extent of the maintenance requirements.
(b)
When maintained by a private entity, identification of an individual, corporation, association, or other entity responsible for ownership and maintenance.
(c)
When maintained by a private entity, a copy of the legally binding document which provides that the Township shall have the right to:
[1]
Inspect the facilities at any time.
[2]
Require the private entity to take corrective measures and assign the private entity reasonable time periods for any necessary action.
[3]
Authorize maintenance to be done and lien the cost of the work against the properties of the private entity responsible for maintenance.
(d)
Establishment of suitable easements for access to storm drain (storm sewer) facilities.
This document shall be recorded by the Township in the Monroe County Recorder of Deeds office upon issuance of a permit.
(e)
Drainage easements shall be provided adjacent to street rights-of-way as indicated and required by the drainage plans.
(f)
Drainage easements a minimum of 10 feet in width shall be provided along side and rear lot lines. Such easements shall immediately adjoin such lot lines.
(g)
Storm facilities not located within a public right-of-way or private road right-of-way or as stated in Subsection D(12)(e) and (f) above shall be centered within an easement having a minimum width of 18 feet plus the top width of a swale or outside diameter of a pipe, or 20 feet, whichever is greater.
(h)
Appropriate easements to enclose and permit access to all detention and retention facilities shall be provided.
E.
Streets.
(1)
Access to proposed planned residential developments. All proposed planned residential developments shall have adequate access to the public highway system. Existing private roads providing access to proposed planned residential developments shall have adequate right-of-way width and be adequately designed and constructed to provide safe and convenient access to the proposed planned residential development. The Board of Commissioners, upon review and report and recommendation of the Engineer, shall determine the adequacy of such existing private access roads and may require such improvements as they find necessary to provide safe and convenient access to the proposed planned residential subdivision prior to final plan approval, or may disapprove the submitted plans if such existing private roads cannot be improved to provide safe and convenient access.
(2)
Streets and topography. Proposed streets shall be adjusted to the contour of the land so as to produce usable and accessible lots and streets of reasonable gradient. Proposed streets serving planned residential subdivisions utilizing central sewage facilities or in areas of the Township in which public sewerage systems are proposed shall, to the greatest extent possible, be located such that gravity sewers can be utilized and the necessity of pumping stations minimized.
(3)
Street continuations.
(a)
Rights-of-way of proposed streets shall be extended to exterior property lines to ultimately provide access to adjoining lands. They shall be designed in conformance with the design requirements of a street, and the contiguous parcels must contain proper setbacks and sight distances.
(b)
The area within the future right-of-way shall be included within the deeds to the abutting lots with an easement in favor of the Township and landowners of the land into which the future right-of-way will extend to permit the use of the future right-of-way for public street purposes should the adjoining lands be developed. Reserved rights-of-way are permitted only when they will be no longer than the depth of one lot, and will not be the primary means of access to any lot or dwelling unit. For lengths longer than one lot, a fully constructed stub street and temporary cul-de-sac are required.
(c)
The landowners of the lots in which the future right-of-way is included shall have the duty to maintain the area included within the future right-of-way and this duty shall be indicated in a note on the final plan and in all deeds to such lots. However, the landowners of the lots in which the future right-of-way is included shall have no obligation concerning the improvement of such future right-of-way for street purposes.
(d)
Wherever there exists a dedicated or platted portion of a street or alley along a boundary of the tract being subdivided or developed the remainder of said street or alley to the required width shall be platted within the proposed development where this would not adversely affect the proposed planned residential development. Where the planned residential development abuts or contains an existing municipal or private street of inadequate right-of-way width, additional right-of-way width in conformance with Chapter 390, Subdivision and Land Development, Table 390-48.1, Minimum Design Standards by Type of Road, shall be required in the case of land abutting a municipal street, or additional setback and easement for right-of-way shall be provided in the case of land abutting private streets. The extension of existing streets or alleys which are presently constructed with a cartway different from current Township standards shall be provided with a transition area, the design of which is subject to review and recommendation by the Engineer and approval by the Commissioners.[1]
(4)
Intersections.
(a)
The center lines of streets shall intersect as nearly at right angles as possible. Intersections of more than two streets at one point shall be prohibited. Where streets intersect other streets, offsets shall not be created. The minimum offset or distance between center lines of parallel or approximately parallel streets intersecting a cross street from opposite directions shall be 150 feet for minor and local access streets, 400 feet for collector and connector streets and 800 feet for arterial streets. (See Chapter 390, Subdivision and Land Development.)
(b)
At intersections of streets and/or alleys, the property line shall be rounded by arcs with radii of not less than 25 feet. For streets other than minor and local access streets, the Township may require a larger radius.
(5)
Arterial and connector street frontage. Where a planned residential development abuts or contains an existing or proposed major traffic street or a railroad, the Board of Commissioners may require marginal access streets, rear service alleys, reverse frontage lots or such other treatment as will provide protection for abutting properties, reduction in the number of intersections with the major street, and separation of local and through traffic. (See Chapter 390, Subdivision and Land Development.) The required buffer strips may be provided by establishing an easement on lots or may be established separately and apart therefrom.
(6)
Street right-of-way and travel-way widths. Minimum street right-of-way widths, measured from the lot lines and minimum pavement widths shall be as required by Chapter 390, Subdivision and Land Development.
(7)
Easements. Easements shall be provided adjacent to street rights-of-way as follows:
(8)
Curbs, gutters and/or drainage swales. Curbs and gutters and/or drainage swales shall be provided when they are needed to facilitate proper drainage.
(9)
Street alignment.
(a)
Streets shall be so laid out that there will be unobstructed sight distances along the center lines thereof. Minimum horizontal sight distances shall be as set forth in Chapter 390, Subdivision and Land Development, measured from a point 3.75 feet above the road surface to a point six inches above the road surface.
(b)
Between reversed curves on arterial streets, a tangent of not less than 200 feet shall be provided; on connector and collector streets such a tangent shall be not less than 100 feet.
(10)
Street grades.
(a)
Center-line grades shall not exceed the grades set forth in Chapter 390, Subdivision and Land Development.
(b)
Vertical curves shall be used at changes of grade exceeding 1% and shall be designed in accordance with American Association of State Highway Transportation Officials (AASHTO), as revised.
(c)
A leveling area for all street intersections shall be provided as follows:
[1]
The tangent grade of the through street at the point of intersection of the center lines of the two streets shall not exceed 8%. Crest and sag vertical curves shall be provided in accordance with Subsection E(10)(b). The point of vertical curvature or tangency shall not be within the connecting street right-of-way.
[2]
The tangent grade of the connecting street(s) shall not exceed 4% within the right-of-way lines of the through Street. Crest or sag vertical curves shall be provided in accordance with Subsection E(10)(b). The point of vertical curvature or tangency shall not be within the through street right-of-way.
(d)
The maximum grade across the turnaround in a cul-de-sac shall not exceed 4%.
(e)
To provide for adequate drainage, the minimum grade of any paved street gutter shall be not less than 1/2 of 1% and 1% being the acceptable minimum center-line grade of any street.
(11)
Clear sight triangle. At an intersection, a triangle area shall be graded and/or other sight obstructions removed in such a manner as not to obscure vision between a height of from two feet to 10 feet above the center-line grades of the intersecting streets. Furthermore, by deed restriction, by lease restriction, or by plan covenant or amendment, whichever method is applicable, vegetation shall not be planted or allowed to grow in such a manner as to obscure vision between a height of from two feet to 10 feet above the center-line grades of the intersecting streets. Such triangular area shall be determined by the intersecting street center lines and a diagonal connecting two points, one at each street center line, each of which points is:
(a)
One hundred fifty feet from the intersection of such street center lines if either street is an arterial street.
(b)
One hundred feet from the intersection of such street center lines if either street is a collector or connector street.
(c)
Seventy-five feet from the intersection of such street center lines if both streets are minor or local access streets.
(12)
The Commissioners recognize that the preceding subsections of this section are not applicable in all circumstances because of unusual topography or lot layout and will consider deviations or variations therefrom on an individual basis (such as divided cartways or one-way loop streets), provided the basic purpose and intent set forth in Subsection E(1) is complied with. In granting a request for such a modification the Commissioners may impose such requirements and conditions, as they deem fit and proper.
(13)
Guide rail. Streets shall be designed to preclude or minimize the need for guide rail. The Township may, however, require guide rail to be placed for protection on embankments when a barrier is indicated as warranted in Pennsylvania Department of Transportation Design Manual Part 2 Highway Design January 1990 edition, as amended. The design and selection of guide rail shall generally be in accordance with the standards in Design Manual Part 2 Highway Design, January 1990 edition, as amended; however, the Township shall approve all guide rail systems.
(14)
Street name signs. Street name signs shall be supplied and installed by the developer at all intersections and their design shall be approved by the Township. All signing shall identify both intersecting streets. Regulatory signs shall be supplied and installed by the developer at all locations identified by a traffic circulation study prepared by the developer. Standard traffic signs shall be approved by the Township, and shall be supplied and installed by the developer in accordance with Township regulations; Pennsylvania Department of Transportation Publication 68, Official Traffic Devices; and the MUTCD, Manual on Uniform Traffic Control Devices, FHWA.
F.
Steep slope areas. The purpose of steep slope regulations is to conserve and protect those areas having steep slopes form inappropriate development and excessive grading; to prevent potential dangers caused by erosion, stream siltation, and soil failure; and to promote uses in steep slope areas that are compatible with the preservation of existing natural features, including vegetative cover, by restricting grading of steep slope areas.
(1)
Definition of steep slope area.
(a)
"Steep slope area" is defined and established as those areas having an original, unaltered slope of 20% or greater. The establishment of slopes shall be made by a topographic survey performed by a registered surveyor, or other means acceptable to the Township.
(b)
Isolated pockets of steep slopes containing less than 2,000 square feet of surface area shall be exempt from the provisions of this section, unless they are a portion of all steep slope areas within the lot or property where the sum of all steep slope areas exceed 2,000 square feet.
(2)
Restrictions and requirements.
(a)
No more than 35% of the original ground cover within any designated steep slope area on the property may be disturbed by grading, filling or other means. At least 65% of the original ground cover must remain undisturbed during the establishment, alteration or maintenance the property.
(b)
No more than 50% of the required minimum lot area of proposed lots, as established by the underlying zoning district regulations, may be comprised of steep slope areas.
(c)
No grading, filling or other alteration of the original undisturbed slopes on a property may be performed with the intent to circumvent the provisions of this section. Unauthorized grading performed within a steep slope area in order to circumvent these regulations shall be considered a violation of this chapter.
(d)
All planned residential plans shall include a delineation of the steep slope areas, as defined herein. This information may be shown on a sheet not being recorded with the final plan.
(e)
The final plan shall be recorded with a steep slope easement. The easement shall be comprised of at least 65% of the total existing area and located within the original boundaries of the steep slope area. Allocation of the easement should be made as evenly as possible throughout the lots to allow each lot adequate room for additional grading, accessory structures, etc.
(f)
The final plan shall note that no structures shall be located within the easement; and that no excavation, grading, filling or other disturbance of the existing ground cover is permitted within the easement.
G.
Wetlands.
(1)
The applicant shall submit a wetland study in duplicate with the submittal of all planned residential plans. The purpose of the study shall be to determine the presence and extent of wetlands of the site.
(2)
The study shall be performed by a qualified wetland scientist or other individual whose work is accepted by appropriate federal and state agencies. Qualified individuals should possess a minimum of a bachelor's degree in biology, botany, zoology, ecology, or environmental sciences.
(3)
Wetlands delineations should follow the procedures outlined in the then-applicable Federal Manual for Identifying and Delineating Jurisdictional Wetlands, and any subsequent amendments or superseding documents.
(4)
For sites on which no wetlands occur, an abbreviated report may be submitted. The abbreviated report should contain the introductory material, the methods section and a discussion of the result of the study.
(5)
All subdivision plans shall contain notes for future lot owners. The wetland boundary on each lot will be clearly marked. Each lot which contains wetlands, or to which access may be restricted by wetlands, shall have a note which states that federal and state laws require permits for all activities which result in a deposition of fill into delineated wetlands. The note shall also state that refusal of such a permit may restrict some uses of all or portions of the lot.
(6)
Compensatory mitigation projects required as part of federal or state permits shall be shown on the planned residential plans. Future lot owners whose property encompasses all or part of a mitigation area shall be notified that the portion of their property which includes the mitigation area may not be altered, and is considered a jurisdictional wetland by the federal and state governments. Lot owners may be responsible for maintenance of mitigation areas. In order to help ensure the long-term viability of wetland mitigation efforts, the Township discourages multiple ownership of mitigation areas. Ownership by one individual or a homeowners' association is encouraged. Owners of the wetland mitigation areas must be clearly identified to the Township.
(7)
Where the study shows the existence of wetland areas, the delineated boundary shall be properly fenced off to prevent encroachment. Snow fence or other acceptable material shall be used (the use of silt fence is not acceptable). The fence shall be properly installed, at a minimum distance of 20 feet outside the delineated boundary, prior to any construction or issuance of building permits. No land shall be disturbed within 20 feet of the outer limit of the wetland boundary. The fence must be properly maintained until all occupancy permits have been issued and/or for the extent of all construction. This is to be commonly known as the "required wetland buffer."
§ 470-102 Site design standards.
All planned residential developments shall conform to the following site design standards:
A.
Residential uses. Residential uses and areas shall be designed in accordance with the following:
(1)
Dwelling units and other structures shall not be located within 75 feet of any development property lines.
(2)
Dwelling units shall not be located within 20 feet of any street right-of-way line or parking areas (including private access streets).
(3)
Multifamily dwelling units shall contain a maximum of eight dwelling units in any one cluster; provided, however, that the foregoing limitation shall not apply where the structure is a Type I-A, I-B, II-A or II-B as set forth in the Building Code and fire protective measures are designed and constructed for said building in accordance with the provisions of Chapter 9 of the Building Code in which case the number of dwelling units in a multifamily building may not exceed the maximum number of units set forth in § 470-96B(1) and (2). In all other instances the maximum of eight dwelling units in any one cluster may be modified where:
[Amended 8-6-2012 by Ord. No. 2012-04]
(a)
A modification request is submitted by the applicant, the Township may, due to site conditions or unusual building design, allow additional units with an absolute maximum of 16 attached dwelling units in any one building.
(b)
Modifications to allow the additional attached dwelling units may not be granted to more than 25% of the total multifamily dwelling unit building submitted in each section or phase.
(4)
Multifamily Attached dwelling unit clusters shall not be located within 75 feet of any other residential structure.
(a)
When a modification request is submitted by the applicant, the Township may, when unusual topography or site conditions justify the request, reduce this separation requirement to 50 feet.
(b)
Modifications to reduce separation may not be granted to more than 50% of the total multifamily dwelling unit buildings being submitted in each section or phase.
(5)
No detached dwelling unit shall be within 50 feet of any other detached dwelling unit.
(a)
When a modification request is submitted by the applicant, the Township may, when unusual topography or site conditions justify the request, reduce this separation requirement to 30 feet.
(b)
Modifications to reduce separation may not be granted to more than 25% of the total detached dwelling units being submitted in any section.
(7)
For the purpose of determination of habitable floor area, any room other than a living room, dining room, kitchen, bath or closet shall be deemed a bedroom.
B.
Cul-de-sac streets.
(1)
Cul-de-sac streets, permanently designed as such, shall not exceed 800 feet in length nor be less than 250 feet in length, and shall furnish access to not more than 18 dwelling units. The length of a cul-de-sac street shall be measured from the point of center-line intersection with an approved through street that has an alternate access to an existing public road, to the center-line point of radius of the cul-de-sac curve.
(2)
Cul-de-sac streets shall terminate in a circular right-of-way with a minimum diameter of 100 feet, and 80 feet diameter to the outer pavement edge or curbline.
(3)
The circular right-of-way of the cul-de-sac shall be connected to the approach right-of-way by an easement arc having a radius of not less than 30 feet.
(4)
The circular paving of the cul-de-sac shall be connected to the approach paving by an easement arc having a radius of not less than 40 feet. (See Chapter 390, Subdivision and Land Development.)
(5)
The Board of Commissioners recognizes that geometric configurations other than that set forth in Subsection B(1), (2), (3) and ( 4) above may function satisfactorily and, upon recommendation of the Commissioners, will consider a request for a modification of the requirements under appropriate circumstances.
(6)
Temporary cul-de-sac streets shall not exceed 1,000 feet in length.
(7)
Any street, which is terminated for access to an adjoining property or because of authorized stage development shall be provided with a temporary, all-weather turnaround paved in accordance with Township specifications. The use of such turnaround shall be guaranteed until such time as the street is extended. The developer who extends a street that has been provided with a temporary turnaround shall remove the temporary turnaround and restore the area of temporary turnaround.
C.
Off-street parking. Every type of residential land development or subdivision shall provide off-street parking space for at least two vehicles for each proposed dwelling unit. Such off-street parking spaces may be in an individual garage, carport, or driveway or in a common parking area convenient to the dwelling units to be served and shall be installed concurrently with the construction of the dwelling units.
D.
Driveways.
(1)
Driveways shall not be permitted to have direct access to arterial, connector or collector streets unless authorized by the Township and/or the Pennsylvania Department of Transportation through issuance of a highway occupancy permit. Access should be provided to the street of lesser classification when there is more than one street classification involved. Driveways shall not interfere with the normal traffic movement or be inconsistent with the design, maintenance or drainage of the street. Driveway locations shall be delineated on all plans for final approval; however, the plans may delineate location or provide a notice of conformity to this specification.
(2)
Future driveways, which are to be constructed adjacent to a street intersection, shall be indicated on the tentative and final plans. The minimum distance between a driveway or point of access to a street shall be as follows:
Distance Between Center Line | ||||
|---|---|---|---|---|
Planned Residential Development | Driveway and Nearest Intersecting Road by Type of Intersecting Road | |||
Arterial (feet) | Collector and Connector (feet) | Minor (feet) | ||
Residential | 150 | 100 | 100 | |
NOTE: Nearest intersecting street shall be construed as being on the same or the opposite side of the street on which the lot is located. |
(3)
Single-family residential driveways shall be a minimum of three feet from any property line. The minimum width at the street right-of-way shall be 10 feet and the maximum width at the street right-of-way shall be 20 feet. The number of driveway entrances per dwelling shall be one. The Board of Commissioners may grant additional driveway entrances if severe topographic conditions exist and the width of the lot exceeds 150 feet at the street right-of-way. Driveways constructed in areas where sidewalks are provided shall have a concrete apron between the curb and edge of the sidewalk toward the dwelling. This apron shall be constructed in accordance with any applicable Township specifications and shall consist of six inches of concrete on a four-inch stone base.
(4)
Nonresidential and multifamily use driveways shall be a minimum width of 12 feet and maximum width of 24 feet at the street right-of-way line. The driveways shall be a minimum of 10 feet from the property line. One driveway shall be permitted and the Board of Commissioners may grant additional driveways if the width of the lot at the street right-of-way exceeds 150 feet in width. Notwithstanding the foregoing, an additional means of access shall be permitted as an emergency access if required by Chapter 390, Subdivision and Land Development.
(5)
Common driveways are prohibited unless a modification of this section is granted by the Board of Commissioners. When common driveways are permitted, an access and maintenance agreement shall be provided in the deeds of the lots having use of the driveway. The agreement shall be in a form acceptable to the Township Solicitor.
§ 470-103 Construction standards.
A.
Application. The minimum improvements required for all planned residential developments shall be provided by the applicant as set forth in this section. Additional or higher-type improvements may be required in specific cases where, in the opinion of the Board of Commissioners, they are necessary to create conditions essential to the health, safety, morals, and general welfare of the citizens of Pocono Township and to protect the environment of the Township.
B.
Summary of required improvements. Chapter 390, Subdivision and Land Development, specified the required improvements for various types of subdivisions and land developments. Chapter 390, Subdivision and Land Development also sets forth the construction standards for several of the required improvements. Other construction standards shall be evaluated and approved by the Engineer.
C.
Monuments and markers. Monuments and markers shall be placed so that the center or a scored or marked point shall coincide exactly with the intersection of the lines to be marked.
(1)
Monuments shall consist of either:
(a)
Solid steel rods not less than 1/2 inch in diameter or less than 24 inches in length, centered in a cylinder of concrete, not less than nine inches in diameter nor less than 48 inches in depth, poured in place; or
(b)
Steel pipes not less than 3/4 inch in diameter or less than 24 inches in length, centered in a cylinder of concrete not less than nine inches in diameter nor less than 48 inches in depth, poured in place; or
(c)
Precast (i.e., manufactured) reinforced concrete monuments measuring not less the four inches by four inches by 48 inches in length; or
(d)
Such other monuments as the Engineer may approve.
(2)
Monuments, including the rod or pipe and the concrete, shall be placed flush with the ground.
(3)
Monuments shall not be placed until road grading has been completed.
(4)
Monuments shall be set as follows:
(a)
One in each quadrant of a street intersection. In the instance of a "T" intersection, one shall also be placed at the lot corner most clearly opposite the intersecting street.
(b)
One at a lot corner on each side of the street approximately midway through the block when the distance between intersecting streets exceeds 800 feet.
(c)
One at the intersection of street right-of-way lines with exterior property lines.
(d)
At all exterior property corners where permanent corners did not exist at the time of the perimeter survey. (Existing corners shall not be removed.)
(6)
Markers normally shall be set two inches above the surrounding grade.
D.
Streets.
(1)
General. Streets (and alleys where provided) shall be graded, improved and surfaced to the grades and dimensions shown on plans, profiles and cross sections submitted by the applicant and approved by the Board of Commissioners.
(2)
Design and construction standards.
(a)
Clearing and grading. The right-of-way shall be graded to the extent shown on the approved cross section. All trees, stumps, roots and any material deemed unsuitable by the Engineer shall be removed from the subgrade and right-of-way and thereafter the subgrade and right-of-way shall be backfilled and compacted to the satisfaction of the Engineer.
(b)
Cut and fill. The maximum slope of any earth embankment or excavation shall not exceed one foot vertical to two feet horizontal. The maximum slope of any rock excavation shall not exceed four feet vertical to one foot horizontal. The slope easement as required by Chapter 390, Subdivision and Land Development, shall have sufficient width to contain the entire required slope.
(c)
Drainage.
[1]
Parallel and cross-drainage facilities shall be properly located, designed and installed to maintain proper drainage of the completed streets. Drainage facilities shall be designed in accordance with the requirements of Chapter 365, Stormwater Management. Proper design and construction in accordance with those requirements may require the use of curb and gutter or paved drainage swales to prevent erosion. The minimum diameter of any cross drainage or culvert pipe shall be 15 inches.
[2]
Consideration shall be given for subgrade drainage of those soils subject to frost heave {as itemized in Subsection D(2)(d)[1] of this section}. Design of the road bed in such locations may require parallel drainage facilities and/or underdrains to properly stabilize the subgrade. The Board of Commissioners may require that such drainage facilities be provided. The design of such subgrade drainage facilities shall be subject to the review and approval of the Engineer.
(d)
Subgrade, base course, surface course and shoulders.
[1]
The design and construction of the roadbed shall take cognizance of the supporting capacities of the subgrade, with particular attention to those soils that are subject to frost heave. Unsuitable soils shall be removed and replaced, drained or otherwise stabilized to provide adequate support for the road bed and anticipated loads. The Natural Resources Conservation Service has reported the following soils as having moderate or high potential for frost heave: ALBIA, ALBRIGHTS, ALDENS, BARTLE, BOYNTON, BRACEVILLE, FREDON, MARDIN, MIDDLEBURY, MORRIS, PEKIN, TROY, VOLUSIA, WATSON and WELLSBORO.
[2]
Base course. Base course aggregate material shall conform in type and be compacted to the depths required by Chapter 390, Subdivision and Land Development, in accordance with the latest specifications of PennDOT (Form 408).
[3]
Surface course. The bituminous surface course shall conform in type and be compacted to the depths required by Chapter 390, Subdivision and Land Development, and be placed in accordance with the latest specifications of PennDOT (Form 408).
[5]
Alternative designs. Alternative road bed designs may be prepared and will be considered. The alternate design must provide load capabilities equivalent to or higher than the capabilities of the designs set forth above. Alternate designs will be reviewed on the basis of design recommendations of the Asphalt Institute.
[6]
Parking lanes. Where curbs are required and/or provided for arterial, connector or collector streets, the parking lane (between the travel way and the curb) shall be not less than 10 feet wide and shall be constructed to the same standards as the travel way. Where curbs are required and/or provided for all other classes of streets, the parking lane shall be not less than eight feet wide for minor streets and six feet wide for local and marginal access streets and shall be constructed of the same material and to the same depth as required for shoulders and stabilized by the application of bituminous product.
(e)
Cross section.
[1]
Travel-way and shoulder widths shall conform to the requirements set forth in Chapter 390, Subdivision and Land Development.
[2]
Shoulder surfaces shall be graded at a slope of 3/4 of an inch per foot away from the paved travel way.
[3]
The finished paved travel way surface of tangent sections, and curve sections not required to be superelevated, shall be crowned at 1/4 inch per foot away from the center line. Properly superelevated cross sections shall be required on arterial, connector and collector streets when the curve radii are less than 500 feet. The maximum permissible superelevation shall be 0.08 feet per foot.
(f)
Bridges and stream crossings. Bridges and other stream-crossing structures which are part of the proposed street system shall be designed and constructed in accordance with current PennDOT Standards and Specifications. Evidence of compliance with and approval of the Division of Dams and Waterways of the Pennsylvania Department of Environmental Protection and any other applicable governmental agencies or authorities shall be provided, if applicable.
E.
Curbs and gutters. Minimum curb construction standards are as follows:
(1)
Plain cement concrete in accordance with Pennsylvania Department of Transportation standards.
(2)
Rolled bituminous in accordance with Pennsylvania Department of Transportation standards.
(3)
The Engineer and/or the Board of Commissioners may require steel reinforcing of cement concrete curbs.
(4)
Gutter requirements shall be in conformance with good engineering practice and subject to the approval of the Engineer. Gutters and/or drainage swales shall be designed to prohibit erosive velocities and shall be paved if runoff velocities exceed 6.0 fps when calculated in accordance with PennDOT Manual Part 2. Velocity calculations shall be placed on the center-line profile drawings or shall be submitted separately with the profiles.
F.
Driveway entrances. Any driveway entrance shall make adequate provisions for parallel drainage facilities.
G.
Sidewalks. Sidewalks shall be located within the street right-of-way.
(1)
Sidewalks in planned residential developments shall have a minimum width of four feet. Street crosswalks shall have a minimum width of four feet.
(2)
The type of construction permitted is as follows: Sidewalks and crosswalks shall be portland cement concrete of at least four inches thick underlain by four inches of compacted cinder, gravel, or crushed stone. Sidewalks at driveway crossings shall be at least six inches thick reinforced and underlain by four inches of compacted cinder, gravel, or crushed stone.
H.
Street name signs. The developer shall provide the planned residential development with adequate street signs at the intersections of all streets. Sign style and characteristics, i.e., color and lettering, shall be acceptable to the Board of Commissioners.
I.
Streetlighting. Streetlights may be required when the Board of Commissioners deem them necessary to provide safe traffic circulation. Such lights shall meet design standards established by the Board of Commissioners.
J.
Traffic signals and signs. Traffic signals and signs shall be required to provide safe traffic circulation. Such traffic signals and signs shall meet design standards as established by the Pennsylvania Department of Transportation in PennDOT Bulletin No. 67.
K.
Landscaping. In an attempt to preserve and enhance the beauty of the natural forestation of Pocono Township, all new construction should be carried out in a manner that will prevent complete clearing and grubbing of the natural growth of the construction site. Where a planned residential development would be cleared and made substantially devoid of trees, the developer may be required to plant shade trees adjacent to all street rights-of-way. In addition the Board of Commissioners may require landscaping in accordance with the applicable standards below.
(1)
Type of trees. Trees shall be of nursery stock quality of a species approved by the Township and grown under the same climactic conditions as the area of proposed use. Topography, natural and historical features shall be considered by the developer and the Township in selecting and approving species.
(2)
Location. In all planned residential developments, trees may be planted along the street right-of-way at some nominal interval between 40 and 100 feet. The location of shade trees will be subject to the approval of the Township. If applicable, trees may be planted between the sidewalk and building line at least three feet from the sidewalk, or between the curb and sidewalk provided the planting strip is a minimum of five feet in width.
(3)
Planting. Besides conforming to all parts of this section, all planting shall be done in accordance with good nursery and landscape practice.
L.
Ground cover requirements. Exposed ground surface in all parts of the planned residential development shall be paved or covered with stone screenings, or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and the emanation of dust during dry weather. The vegetative cover shall not be poisonous in nature.
M.
Sewers and water facilities.
(1)
Where applicable, sanitary sewers shall be installed to adequately serve all lots with connections to any public or private central system, which might exist, and shall be subject to inspection by the Engineer and approval by the Board of Commissioners. (See Chapter 390, Subdivision and Land Development.)
(2)
Where the developer provides the planned residential development with a complete water main supply system, the developer may be required to include fire hydrants, and be subject to inspections by the Engineer and approval by the Board of Commissioners. (See Chapter 390, Subdivision and Land Development.)
(3)
Adequate stormwater drainage facilities shall be installed consistent with designs prepared in accordance with the requirements of Chapter 365, Stormwater Management. Where the conveyance of stormwater and/or the prevention of erosion cannot be accomplished satisfactorily by surface drainage facilities, an adequate storm sewer system consisting of inlets and other underground drainage structures with approved outlets shall be constructed.
§ 470-104 Parking design standards.
Required parking in a planned residential development shall be as follows:
A.
Residential off-street parking. Two off-street parking spaces shall be provided for each dwelling unit.
B.
Residential parking access aisles. Parking access aisles in parking areas of more than two spaces shall be a minimum of 24 feet wide for ninety-degree-angle parking, 20 feet for sixty-degree-angle parking and 18 feet for forty-five-degree-angle parking.
C.
Residential parking space size. All residential parking spaces shall be a minimum of nine feet in width by 18 feet in depth.
D.
Residential parking area location. Parking areas containing more than eight spaces shall be located at least 30 feet from adjacent buildings and development streets and be isolated through the use of curbs, sidewalks, shrubs, lawn areas, earth berms, changes in grade or walls.
(1)
When a modification request is submitted by the applicant, the Township may reduce the separation requirement by 10 feet if unusual topography or site conditions justify the request.
E.
Residential parking design. All residential parking areas containing more than two spaces shall be designed as follows:
(1)
Parking areas shall be designed so that each vehicle may proceed to and from the space without requiring the movement of any other vehicle.
(2)
In no case shall parking spaces be designed to require vehicles to back into development streets in order to leave a parking space.
(3)
All parking spaces and parking access drives shall be at least 50 feet from any exterior development property line.
(4)
A maximum of 16 parking spaces shall be permitted in a continuous row without being interrupted by landscaping. A ten-foot wide landscape island is required for any proposed continuous parking that is to exceed 16 parking paces in a continuous row.
F.
Maximum number of residential parking spaces. A maximum of 48 parking spaces shall be accommodated in any parking area served by a single parking access drive.
G.
Parking lot lighting. Lighting shall be provided for all parking areas of nine spaces or greater. Lighting shall be designed and located in accordance with current Illumination Engineering Society of North America (IESNA) footcandle lighting standards so as to not produce a glare or direct illumination onto abutting properties and streets.