Smith Township Washington County
City Zoning Code
City Zoning Code
PART 10
Planned Residential Development
§ 1000 Purpose.
[Ord. 2007-2, 5/22/2007]
The purpose of these planned residential development (PRD) regulations is to permit residential development that is more creative and imaginative than is generally possible under conventional zoning district controls and subdivision requirements. Further, these regulations are intended to promote more economical and efficient use of the land while providing a compatible blend of housing types, amenities and community facilities of high quality, oriented to the specific development site and preserving the natural scenic qualities of open space.
§ 1001 Applicability and Relationship.
[Ord. 2007-2, 5/22/2007]
1.
A planned residential development shall be permitted in the R-1 Suburban Residential District, subject to the standards, criteria, restrictions and procedures outlined in this Part.
2.
The provisions of this Part for approval of a planned residential development shall be a modification to and in lieu of procedures and criteria for approvals otherwise required in this chapter and the Township Subdivision and Land Development Ordinance.[1] Failure to comply with the provisions of this Part with respect to a recorded development plan shall be deemed to constitute a violation of this chapter.
§ 1002 Site Area, Use and Density Requirements.
[Ord. 2007-2, 5/22/2007]
1.
Site area. In all cases, the minimum site required for a planned residential development shall be 30 contiguous acres. Public easements or rights-of-way and public or private streets shall not be construed as an interruption or division of a site proposed for a planned residential development (PRD).
2.
Dwelling units authorized.
A.
Permitted residential uses and dwelling unit densities in a planned residential development (PRD) shall be as follows in the districts in which PRD's are authorized:
B.
At least two of the above-listed dwelling types shall be included in a planned residential development (PRD). If garden apartments and/or townhouses are proposed in a planned residential development (PRD), no more than 35% of the total number of dwelling units proposed in the planned residential development (PRD) shall be garden apartments and/or townhouses.
C.
Within a planned residential development (PRD) that proposes a mix of dwelling types, a single phase of the PRD may contain only one dwelling type. Each phase that contains a different dwelling type shall be accessed from the principal circulation system within the planned residential development (PRD) and not via local streets within any phase that contains a different dwelling type. The plan shall be designed to provide existing natural buffers or landscaped buffers between phases containing different dwelling types.
3.
Minimum lot area.
A.
In no case shall the minimum lot area required for a single-family dwelling or two-family dwelling be reduced to less than the following minimum lot areas in a planned residential development (PRD).
Dwelling Type | Minimum Lot Area |
|---|---|
Single-family dwelling | 7,500 square feet |
Two-family dwelling | 10,000 square feet (5,000 square feet per unit) |
B.
There shall be no minimum lot area required for triplex, quadruplex, townhouse and garden apartment dwellings, provided that all other applicable requirements of this Part are met.
4.
Minimum building setback on the perimeter of the planned residential development site. In all zoning districts where planned residential development (PRD) is authorized, no garden apartment or townhouse shall be located closer to any boundary of the planned residential development (PRD) site than 75 feet. All other structures shall be located at least 50 feet from the boundary of the planned residential development (PRD) site. No accessory structure and no off-street parking shall be located in this required perimeter setback area.
5.
Internal setbacks and distance between buildings.
A.
The minimum required front yard setback from a public or private street shall be 25 feet. In the case of a planned residential development (PRD) proposed as a condominium, there shall be no required setback internal to the planned residential development (PRD) other than the minimum front yard setback, provided that, where two or more principal residential buildings (regardless of dwelling type) are proposed on the same lot, the minimum distance between the buildings shall be 20 feet.
B.
In the case of lots proposed for fee-simple ownership, all principal structures shall be set back a minimum of 15 feet from a rear property line. Decks or other structures attached to the principal building may encroach into the rear yard if the rear lot line adjoins common open space.
C.
In the case of lots proposed for fee-simple ownership, attached units shall have a zero side yard along common walls. All other side yards shall be a minimum of five feet on one side of the lot with a combined total of two side yards on the lot equaling not less than 15 feet, provided that, in every case, the total distance between proposed structures on adjacent lots shall be not less than 20 feet.
6.
Recreational and other common facilities. In addition to the residential uses permitted in a planned residential development (PRD), recreation facilities designed for the use of the residents of the planned residential development (PRD) shall be permitted, including but not limited to hiking, biking or exercise trails; tennis, paddle tennis, basketball, volleyball or other playing courts; swimming pool and related facilities; golf course or putting green; community building for meetings and social activities; picnic pavilions; and other active and passive recreational uses deemed appropriate to the proposed residents of the planned residential development (PRD) by the Board of Supervisors.
7.
Buffer areas. Within the perimeter setback required by § 1002, Subsection 5, Buffer Area A, as described in § 1202, Subsection 1, of this chapter, shall be provided along all property lines that adjoin property in an A-1, R-1 or R-V District for a distance sufficient to screen any existing dwellings and their rear yards on that adjacent property.
§ 1003 Site Ownership.
[Ord. 2007-2, 5/22/2007]
The site proposed for a planned residential development (PRD) shall be under single ownership and control. Prior to submitting an application for tentative approval, the applicant shall demonstrate that he is the landowner, as defined by this chapter. Legal, as well as equitable, ownership shall be demonstrated coincident with approval of the final development plan.
§ 1004 Access and Availability of Public Services.
[Ord. 2007-2, 5/22/2007]
1.
The site of a planned residential development (PRD) that contains multifamily dwellings shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter. The projected traffic volumes associated with the proposed planned residential development (PRD) shall be capable of being accommodated by the adjacent street network. The developer shall demonstrate that the projected traffic from the planned residential development (PRD) shall not materially increase congestion and impair safety on adjacent public streets.
2.
Any planned residential development (PRD) that contains multifamily dwellings shall be connected to public water and public sanitary sewer service.
3.
In any instance where the Township determines that public sewerage and water facilities are available and are capable of being extended to the development site, the developer shall connect the planned residential development (PRD) to such facilities.
4.
In the absence of public sewerage facilities, the developer shall provide a sanitary sewerage system within the planned residential development (PRD) that is approved by the Pennsylvania Department of Environmental Protection (PA DEP) or any successor agency.
5.
Central water service shall be supplied to each building or structure to be erected in a planned residential development (PRD).
6.
The developer shall provide a storm drainage system within a planned residential development (PRD) that shall be of sufficient size and design to collect, carry off and dispose of all predictable surface water runoff within the planned residential development (PRD) and shall be so constructed to conform with the statutes, ordinances and regulations of the Commonwealth of Pennsylvania and the Township Stormwater Management Ordinance, as now or hereafter enacted or amended.
§ 1005 Administration and Procedure.
[Ord. 2007-2, 5/22/2007]
The planned residential development (PRD) provisions of this chapter shall be administered by the Board of Supervisors. The Planning Commission shall review all applications on the basis of the standards specified in this Part and make a recommendation to the Board of Supervisors. The Board of Supervisors shall conduct the public hearings required by the Pennsylvania Municipalities Planning Code and shall have the final authority to approve, approve with conditions or disapprove a planned residential development (PRD).
A.
Pre-application conference. Each applicant shall confer with the Zoning Officer to schedule a pre-application conference. Upon written request of the applicant, the Zoning Officer shall schedule a pre-application conference with Township officials. The conference shall include members or a designated representative of the Planning Commission and the Zoning Officer. The Township Solicitor, the Township Engineer, the Board of Supervisors or representatives thereof and local utility service representatives may be included, as deemed appropriate.
B.
Application for tentative approval.
(1)
Within 120 days following the pre-application conference, three copies of an application for tentative approval shall be submitted. The application shall be in sufficient detail for the Planning Commission to determine compliance with the standards of this Part and shall contain, at a minimum, the following information:
(a)
A legal description of the total tract proposed for development, including a statement of present and proposed ownership.
(b)
A written statement of planning objectives to be achieved by the planned residential development (PRD) through the particular approach proposed by the developer. The statement shall include a description of the character of the proposed development and its relationship to the immediate area in which it is to be located.
(c)
A written statement setting forth the reasons why the proposed planned residential development (PRD) would be in the public interest and would be consistent with the Township's Comprehensive Plan.
(d)
A written statement of the modifications to Township Zoning and Subdivision Regulations otherwise applicable to the property.
(e)
A location map that clearly shows the location and area of the site proposed for development with relation to all lands, buildings and structures within 200 feet of its boundaries, the location and distance to existing streets and highways and the names of landowners of adjacent properties.
(f)
A development plan, prepared at a scale no smaller than one inch equals 50 feet, showing the following information:
1)
Existing contours at intervals of five feet; watercourses; floodplains; wetlands; woodlands; soils; steep slopes; and other natural features.
2)
Proposed lot lines and subdivision plat, if any.
3)
The location of all existing and proposed buildings, structures and other improvements, including maximum heights, types of dwelling units and dwelling unit density. Preliminary elevations and architectural renderings shall be provided.
4)
The location and size, in acres or square feet, of all areas to be conveyed, dedicated or reserved as common open space.
5)
The existing and proposed vehicular circulation system of local and collector streets, including off-street parking areas, service areas, loading areas and major points of access from the planned residential development (PRD) to public rights-of-way.
6)
The existing and proposed pedestrian circulation system, including its interrelationship with the vehicular circulation system and proposed treatment for any points of conflict between the two systems.
7)
The existing and proposed utility systems, including sanitary sewers, storm sewers and water, electric, gas and telephone lines.
8)
Subsurface conditions, including slope stability.
9)
A minimum of three cross-sections showing existing and proposed contours and their relationship to proposed buildings, structures, highways, streets, parking areas, walkways and existing woodlands.
10)
A general landscaping plan indicating the treatment and materials proposed to be used in buffer areas and common areas on the site.
11)
Evidence of compliance with the environmental performance standards of § 1201 of this chapter.
12)
Any additional information required to determine compliance with the requirements of this Part.
(g)
In the case of development plans that call for development over a period of years, a schedule for phasing the development shall be provided. This phasing schedule shall be reviewed annually with the Planning Commission on the anniversary of tentative approval or as each phase is completed, whichever occurs first.
(2)
Public hearing.
(a)
Within 60 days following the submission of an application for tentative approval of a planned residential development (PRD) that contains all of the required documentation, a public hearing pursuant to public notice shall be held by the Board of Supervisors. At least 14 days prior to the hearing, the Zoning Officer shall mail a copy of the notice by certified mail to each property owner within 300 feet of the entire perimeter of the property, including those located across a street right-of-way. The cost of mailing the certified notices shall be paid by the applicant.
(b)
The public hearing shall be conducted in the manner prescribed in Article VII of the Pennsylvania Municipalities Planning Code, and all references to the Zoning Hearing Board in Article VII shall apply to the Board of Supervisors.
(3)
Tentative approval.
(a)
Within 60 days following the conclusion of the public hearings, the Board of Supervisors shall, by written communication, either:
(b)
Failure to act within said period shall be deemed to be a grant of tentative approval of the development plan as submitted. In the event, however, that tentative approval is granted subject to conditions, the landowner may, within 30 days after receipt of the official written communication of the Board of Supervisors, notify the Board of Supervisors of his refusal to accept all said conditions, in which case, the Board of Supervisors shall be deemed to have denied tentative approval of the development plan. In the event that the landowner does not, within said period, notify the Board of Supervisors of his refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted.
§ 1006 Criteria for Tentative Approval.
[Ord. 2007-2, 5/22/2007]
The Board of Supervisors shall grant tentative approval if and only if all applicable requirements of this Part are met and all of the following criteria are met:
A.
The proposed application for tentative approval complies with all standards, restrictions, criteria, requirements, regulations and procedures of this chapter; preserves the community development objectives of this chapter; and is found by the Board of Supervisors to be compatible with the public interest and consistent with the Township's Comprehensive Plan.
B.
Where the proposed application for tentative approval provides standards that vary from this chapter and the Township Subdivision and Land Development Ordinance[1] otherwise applicable to the subject property, such departure shall promote protection of the environment and public health, safety and welfare and shall be in the public interest.
C.
The proposals for the maintenance and conservation of any proposed common open space are reliable and meet the standards of this chapter, and the amount and extent of improvements within the common open space are appropriate with respect to the purpose, use and type of the residential development proposed.
D.
The physical design of the proposed development plan adequately provides for public services, traffic facilities and parking, light, air, recreation and visual enjoyment.
E.
The proposed development plan is beneficially related to the immediate area in which it is proposed to be located.
F.
The proposed development plan will afford adequate protection of natural watercourses, wetlands, topsoil, woodlands, steep slopes and other natural features and will prevent erosion, landslides, siltation and flooding.
G.
In the case of a development plan that proposes development over a period of years, the terms and conditions thereof are sufficient to protect the interests of the public and of the residents of the planned residential development (PRD) in the integrity of the final development plan.
§ 1007 Application for Final Approval.
[Ord. 2007-2, 5/22/2007]
After the development plan is granted tentative approval by the Board of Supervisors, the developer shall submit the application for final approval, which shall consist of detailed plans for any phase or section of the development plan. No building permit shall be issued until final approval has been granted by the Board of Supervisors for the phase or section in which the proposed development is located. Final approval for any phase or section shall expire if construction is not initiated for the phase or section within one year of the date of final approval of the phase or section by the Board of Supervisors.
A.
In the event that an application for final approval has been filed, together with all drawings, specifications and other documentation in support thereof, in accordance with the requirements of this chapter and the official written communication granting tentative approval, the Board of Supervisors shall, within 45 days of such filing, grant final approval to the development plan.
B.
Changes in the location and siting of buildings and structures deemed minor by the Board of Supervisors may be authorized without additional public hearings, if required by engineering or other circumstances not foreseen at the time of tentative approval. However, gross and net density established at the time of tentative approval shall not be changed without a public hearing.
C.
The application for final approval shall comply with all applicable ordinance provisions, and the development plan shall include, as a minimum, the following information:
(2)
Accurately dimensioned locations for all proposed buildings, structures, parking areas and common open space.
(3)
The number of families to be housed in each building or structure and the intended use of each building or structure.
(4)
A landscaping plan, as defined by this chapter, including the location and types of materials of sidewalks, trails and recreation facilities authorized by this chapter.
(5)
Supplementary data, including any covenants, grants of easements or other restrictions to be imposed on the use of the land, buildings and structures and provisions for the ownership, maintenance and operation of common open space facilities.
(6)
An engineering report that shall include the following data, wherever applicable:
(a)
Profiles, cross-sections and specifications for proposed public and private streets.
(b)
Profiles and other explanatory data concerning installation of water distribution systems, storm sewers and sanitary sewers.
(c)
Feasibility of the sanitary sewerage system in terms of capacity to serve the proposed development.
(7)
An erosion and sedimentation control plan that shall specifically indicate all erosion and sedimentation control measures to be utilized on the site. The erosion and sedimentation control plan shall be designed to prevent accelerated erosion and sedimentation, including but not limited to the following:
(a)
The topographic features of the site.
(b)
The types, depth, slope and extent of the soils by area.
(c)
The proposed alterations to the site.
(d)
The amount of runoff from the site area and the upstream watershed.
(e)
The staging of earthmoving activities.
(f)
Temporary control measures and facilities during earthmoving.
(g)
Permanent control measures and facilities for long-term protection.
(h)
A maintenance program for the control facilities, including disposal of materials removed from the control facilities or site area.
(8)
In the event that the final development plan as submitted contains variations from the plan granted tentative approval, the Board of Supervisors may refuse to grant final approval and shall, within 45 days from the filing of the application for final approval, so advise the landowner, in writing, of such refusal.
(b)
If the landowner wishes to take either alternate action, he may do so at any time within which he shall be entitled to apply for final approval or within 30 additional days if the time for applying for final approval shall have already passed at the time when the landowner was advised that the development plan was not in substantial compliance.
(c)
If the landowner fails to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan.
(9)
Public hearing.
(a)
Any public hearing held on an application for final approval shall be held pursuant to public notice within 30 days after the request for the hearing is made by the landowner, and the hearing shall be conducted in the manner prescribed in this Part for public hearings on an application for tentative approval. At least 14 days prior to the hearing, the Zoning Officer shall mail a copy of the notice by certified mail to each property owner within 300 feet of the entire perimeter of the property, including those located across a street right-of-way. The cost of mailing the certified notices shall be paid by the applicant.
(b)
Within 30 days after the conclusion of the public hearing, the Board of Supervisors shall, by official written communication, either grant or deny final approval. The grant or denial of final approval of the development plan shall, in cases where a public hearing is required, be in the form and contain the findings required for an application for tentative approval.
D.
A final development plan, or any part thereof, that has been granted final approval shall be so certified without delay by the Board of Supervisors and shall be filed of record in the office of the Recorder of Deeds before any development shall take place in accordance therewith. Approval for recording shall be subject to posting of the financial security required by the Township Subdivision and Land Development Ordinance[2] for public and private improvements in the development plan.
E.
In the event that a development plan, or section thereof, is given final approval and thereafter the landowner shall abandon such plan, or section thereof, that has been finally approved and shall so notify the Board of Supervisors, in writing, or in the event that the landowner shall fail to commence and carry out the planned residential development (PRD) in accordance with the time provisions stated in Section 508 of the Pennsylvania Municipalities Planning Code (Act 247, as amended) (MPC) after final approval has been granted, no development or further development shall take place on the property included in the development plan until after said property is reclassified by enactment of an amendment to the Township Zoning Ordinance.
§ 1008 Common Open Space.
[Ord. 2007-2, 5/22/2007]
1.
Areas required. Within a planned residential development (PRD), the following percentages of the total gross site area shall be devoted to the specified uses indicated:
A.
A minimum of 30% of the total site area shall be set aside and preserved for usable common open space. Where significant or unique natural amenities exist on the site, the Board of Supervisors shall have the authority to require the preservation of the amenities as part of the required common open space. These amenities may include but are not limited to natural features such as rock outcroppings, virgin timber, woodlands, ravines, ponds, streambeds and stream valleys.
B.
No more than 70% of the total site area shall be devoted to residential use, which shall include buildings, streets, driveways, parking areas, private yards and courts that abut and serve residences.
2.
Protection of common open space. Common open space in a planned residential development (PRD) shall be protected by adequate covenants running with the land or by conveyances or dedications. A planned residential development (PRD) shall be approved subject to the submission of a legal instrument or instruments setting forth an organization and a plan for the permanent care and maintenance of such common open space, recreational areas and other facilities owned in common. No such instrument shall be acceptable until approved by the Board of Supervisors as to legal form and effect. In cases where the Township will not be accepting dedications of streets, recreation areas or common open spaces, the developer shall provide for a homeowners' association or similar organization or trust for ownership and maintenance of the common open space and common facilities.
3.
Common open space maintenance. In the event that the organization established to own and maintain the common open space, or any successor thereto, shall at any time after establishment of the final development plan fail to maintain the common open space, including all streets, driveways and recreational facilities, in reasonable order and condition in accordance with the development plan granted final approval, the Township may take remedial action to cause the common open space and common facilities to be properly maintained, as provided for in Section 705(f) of the Pennsylvania Municipalities Planning Code.