Washington Township
City Zoning Code
City Zoning Code
ARTICLE XXIII
Planned Residential Development
§ 131-118 Planned residential development.
[Amended 1-30-2012 by Ord. No. 2012-01; 12-12-2017 by Ord. No. 2017-4]
A.
The provisions of this chapter shall apply only to the areas of the Township that have been granted valid tentative planned residential development (PRD) plan approval and final PRD plan approval as depicted on the Township's Zoning Map.
B.
All areas previously granted tentative PRD plan approval that failed to file applications for final PRD plan approval and failed to obtain final PRD plan approval within the period of time required by the Pennsylvania Municipal Planning Code (MPC)[1] and/or the official written communication from the Township granting tentative PRD plan approval are deemed revoked.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 131-119 Permitted uses.
Structures may be erected, altered or used and a lot or premises may be used for the following purposes:
A.
Residential uses by right.
(1)
The following residential uses, either age-restricted or non-age-restricted, shall be permitted by right in a PRD:
B.
Nonresidential uses by right:
(1)
The following nonresidential uses shall be permitted by right in a PRD:
(a)
Retail uses, professional offices and personal or professional services.
(b)
Bed-and-breakfast establishments.
(c)
Second-story residential uses; shared parking arrangements shall be permitted.
(d)
Indoor amusement businesses.
(e)
Convenience stores with or without the sale of gasoline and no automobile repairs.
(2)
The following nonresidential uses are specifically excluded in a PRD:
C.
Other uses by right.
(1)
The following other uses shall be permitted by right in a PRD:
(a)
Public or private school, excluding facilities for juvenile delinquents.
(b)
Public utilities whether or not owned and/or operated by the Township and/or a duly created municipal authority of the Township, the county, state or federal government; excluding communications antennas, equipment, buildings or towers as controlled by Article XXI of this chapter.
(c)
Public or private outdoor and/or indoor recreational areas and facilities, such as parks, playgrounds, picnic grounds, swimming clubs, golf courses, country clubs, or other similar recreational uses.
(d)
Cultural and entertainment establishments such as libraries, museums and opera houses.
(e)
Child day-care centers.
(f)
Houses of worship, including residential accessories thereto, such as parish house, convent or other dwelling(s) for personnel associated with said houses of worship.
(g)
Cemetery.
D.
Accessory uses allowed in PRD. Uses customarily accessory to the above uses, including but not necessarily limited to private garages, parking areas, signs in conformance with § 131-78 of this chapter, no-impact home-based business in conformance with § 131-70 of this chapter, and other accessory uses as may be further regulated by this chapter or other regulations of the Township.
§ 131-120 Submission and review procedures.
A.
Summary of PRD procedure. The application procedure, as detailed below, is summarized as follows:
(1)
Step 1. Tentative review including a public hearing (60 days).
(2)
Step 2. Issuance of official written communication (60 days after public hearing or 180 days after tentative application filed, whichever is first).
(3)
Step 3. Final review (time limit set by the governing body).
(4)
Step 4. Final decision in part or whole (45 days after meeting of the Planning Commission or Supervisors, whichever first reviews final plan).
B.
Application for tentative approval. An application for tentative approval shall include the following:
(1)
The landowner shall submit with the application for tentative approval 10 copies of the plan to scale on twenty-four-inch by thirty-six-inch paper and 10 copies of the plan reduced to eleven-inch by seventeen-inch paper.
(2)
A fee shall be required at the time of submission in accordance with that which may be set from time to time by resolution of the Board of Supervisors.
(3)
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 for development.
(4)
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, planting plan, provisions for parking of vehicles, and location and width of streets and public ways.
(5)
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.
(6)
The required modifications in the municipal land use regulations otherwise applicable to the subject property.
(7)
In the case of development plans calling for development over a period of years, a schedule of proposed time within which applications for final approval of the various sections of the proposed planned residential development are intended. This schedule must be updated annually on the anniversary of the grant of tentative approval.
(8)
A written statement by the landowner or developer setting forth the reasons why, in his opinion, a PRD would be in the public interest and would be consistent with the Comprehensive Plan for the Township.
C.
Immediately upon receipt, the plans shall be referred to the Township Planning Commission, the Berks County Planning Commission, and the Township Engineer for review.
D.
Public hearing.
(1)
Within 60 days after the filing of an application for tentative approval of a planned residential development pursuant to this article, a public hearing pursuant to public notice on said application shall be held by the Board of Supervisors. The Chairman, or in his absence, the acting chairman, of the Board of Supervisors may administer oaths and compel the attendance of witnesses. All testimony by witnesses at any hearing shall be given under oath, and every party of record at the hearing shall have the right to cross-examine adverse witnesses. The hearing shall be conducted in the manner set forth in Section 908 of the MPC (53 P.S. § 10908).
(2)
A stenographic record of the hearing shall be kept by the governing body whenever such records are requested by any party to the proceedings, but the cost of making and transcribing such a record shall be borne by the party requesting the proceedings, and the expense of copies of such record shall be borne by those who wish to obtain such copies. All exhibits accepted in evidence shall be identified and duly preserved, or, if not accepted in evidence, shall be properly identified and the reason for the exclusion noted clearly in the record.
(3)
The governing body may continue the hearing from time to time and may refer the matter back to the Planning Commission for a report; provided, however, that in any event, the public hearing or hearings shall be concluded within 60 days after the date of the first public hearing.
E.
Findings.
(1)
The governing body, within 60 days following the conclusion of the public hearing provided for in this article, or within 180 days after the application for tentative approval was filed, whichever is first, shall, by official written communication to the landowner, either:
(2)
Failure to so act within said period shall be deemed to be a grant of tentative approval of the tentative plan as submitted. In the event that tentative approval is granted subject to conditions, the landowner may, within 30 days after receiving a copy of the official written communication of the governing body, notify the Board of his refusal to accept all said conditions, in which case the governing body shall be deemed to have denied tentative approval of the plan. In the event the landowner does not, within said period, notify the governing body of his refusal to accept all said conditions, tentative approval of the development plan, with all said conditions; shall stand as granted.
(3)
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, and said communication shall set forth particularly in what respects the development plan would or would not be in the public interest, including but not limited to the findings of fact and conclusions on the following:
(a)
Those respects in which the development plan is or is not consistent with the Municipal Comprehensive Plan.
(b)
The extent to which the development plan departs from zoning and subdivision regulations[1] otherwise applicable to the subject property, including but not limited to density, bulk and use, and the reasons why such departures are or are not deemed to be in the public interest.
(c)
The purpose, location and amount of the common open space in the planned residential development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development.
(d)
The physical design of the development plan and the manner in which said design does or does not make adequate provision for public services, provided adequate control over vehicular traffic, and further 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.
(f)
In the case of a development plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and residents of the planned residential development in the integrity of the development plan.
(4)
In the event that a development plan is granted tentative approval, with or without conditions, the governing body may set forth in the official written communication the time within which an application for final approval of the 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 an 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 a plan be not less than 12 months.
F.
Status of plan after tentative approval.
(1)
The official written communication provided for in this article shall be certified by the Township Manager and shall be filed in the municipal office, and a certified copy shall be mailed to the landowner. Where tentative approval has been granted, the same shall be deemed to be an amendment of the Zoning Map,[2] and the property shall be classed as a PRD district. The date of tentative approval should be noted next to the PRD designation.
[2]
Editor's Note: The Zoning Map is included in a pocket at the end of this volume.
(2)
Tentative approval of a development plan shall not qualify a plat of the planned residential development for recording nor authorize development or the issuance of any building permits. A development plan which has been tentatively approved with conditions accepted by the landowner (and provided that the landowner has not defaulted nor violated any of the conditions of the tentative approval), shall not be modified or revoked nor otherwise impaired by action of the municipality pending an application or applications for final approval, without the consent of the landowner; provided an application for final approval is filed or, in the case of development over a period of years, provided applications are filed, within the periods of time specified in the official written communication granting tentative approval.
(3)
In the event that a development plan is given tentative approval and thereafter, but prior to final approval, the landowner shall elect to abandon said development plan and shall so notify the governing body in writing, or in the event the landowner shall fail to file application or applications for final approval within the required period of time or times, as the case may be, the tentative approval shall be deemed to be revoked and all that portion of the area included in the development plan for which final approval has not been given shall be subject to those local ordinances otherwise applicable thereto as they may be amended from time to time, and the same shall be noted on the Zoning Map[3] and in the records of the Township Manager.
[3]
Editor's Note: The Zoning Map is included in a pocket at the end of this volume.
G.
Application for final approval.
(1)
The landowner shall submit with the application for final approval 10 copies of the plan to scale on twenty-four-inch by thirty-six-inch paper and 10 copies of the plan reduced to eleven-inch by seventeen-inch paper, plus two twenty-four-inch by thirty-six-inch Mylar copies to scale. A fee shall be required at the time of submission.
(2)
An application for final approval may be for all the land included in a development plan or, to the extent set forth in the tentative approval, for a section thereof. Said application shall be made to the Township Manager of the municipality within the time or times specified by the official written communications granting tentative approval. The application shall include any drawings, specifications, covenants, easements, and the procedure to be used by the landowner to provide security in sufficient amounts to insure completion of all public improvements shown on the plan, and such other requirements as may be specified by ordinances, as well as any conditions set forth in the official written communications at the time of tentative approval. A public hearing on an application for final approval of the development plan, or a part thereof, shall not be required, provided the development plan, or part thereof, submitted for final approval is in compliance with the development plan theretofore given tentative approval and with any specified conditions attached thereto.
(3)
In the event the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, and as required by the chapter and the official written communications of tentative approval, the governing body shall, within 45 days after the next regular meeting of the Supervisors or Planning Commission, whichever first reviews the plan, grant such development plan final approval. Provided, however, that should the next regular meeting occur more than 30 days following the filing of the application, the forty-five-day period shall be measured from the 30th day following the day the application has been filed.
(4)
In the event the development plan as submitted contains substantial variations from the development plan given tentative approval, the governing body may refuse to grant final approval and shall, 45 days after the next regular meeting of the Supervisors or Planning Commission, whichever first reviews the plan, so advise the landowner in writing of said refusal, setting forth in said notice the reasons why one or more of said variations are not in the public interest. Provided, however, that should the next regular meeting occur more than 30 days following the filing of the application, the forty-five-day period shall be measured from the 30th day following the day the application has been filed. In the event of such refusal, the landowner may either refile application for final approval without the variations objected to or file a written request with the governing body that it hold a public hearing on his application for final approval. If the landowner wishes to take either such alternate action he may do so at any time within which he shall be entitled to apply for final approval, or within 30 additional days if the time for applying for final approval shall have already passed at the time when the landowner was advised that the development plan was not in substantial compliance. In the event the landowner shall fail to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan. At such public hearing, the governing body shall, by official written communications, either grant final approval to the development plan or deny final approval. 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 application for tentative approval set forth in this article.
(5)
A development plan, or any part thereof which has been given final approval, shall be so certified without delay by the governing body and shall be filed and recorded forthwith in the office of the Recorder of Deeds before any development plan. The zoning and subdivision[4] regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion of said planned residential development within the time set forth in § 131-120I below, no modification of the provisions of said planned residential development shall be made, except with the consent of the landowner, nor shall the subsequent amendment or change to the zoning affect adversely the right of the landowner to commence or complete any aspect of the approved PRD in accordance with the terms of such approval, subject only to the time limitations set forth in § 131-120I below.
H.
Abandonment development plan. When final approval has been granted and the developer fails to start work within one year, for a plan without phases, or within the time specified in the phasing schedule specified by the landowner pursuant to § 131-121B(2), the development plan may be considered to be abandoned, in which case the Township may, at its option, notify the landowner that development must commence (or resume) within six months, or the final plan approval may be rescinded, after hearing before the Board of Supervisors.
I.
Status of plan after final approval.
(1)
Final approval of a PRD plan shall include approval of all phases of the development.
(2)
Approval and recording of a final plan shall not authorize the issuance of building permits for any phase of the plan, including a plan which contemplates only one phase of development, until such time as the landowner has posted the security for completion of public improvements in the phase(s) in which development is proposed, in accordance with this § 131-120I.
(3)
Upon the posting of security for a phase(s) and the issuance of permits, the landowner may proceed with the development in stages or phases as specified by the landowner pursuant to § 131-121B(2). If, after commencement of the development, the landowner is required to modify the order in which phases will be commenced and completed, by market conditions or other just cause, the landowner may modify the order in which phases were initially specified to be commenced and completed.
(4)
Once the landowner posts security, obtains permits, and commences construction of a particular phase, that phase shall be completed within five years unless the landowner and Township agree to an extension of time.
(5)
To the extent that landscaping, vegetative buffers, and/or screen planting is required as part of the approved PRD plan, at the landowner's option, an agreement between the landowner and the Township may be entered into in writing in lieu of the posting of financial security to guarantee the installation of such items. The agreement in lieu of financial security shall bind the landowner to provide all such items prior to the Engineer's final acceptance of the public improvements.
§ 131-121 Development requirements.
A.
The tentative PRD plan shall encompass the entire tract.
B.
Phasing.
(1)
The PRD may be constructed in phases.
(2)
The tentative plan shall show the landowner's best estimate as to how phases of development will be configured, including an indication of the public improvements to be constructed as part of each phase of development.
(3)
Because of the number of different residential and nonresidential uses permitted in different combinations in a PRD, it is not possible to limit such development to four phases, as set forth in Article V of the MPC.[1] Therefore, the landowner's suggested configuration of the phases of development, including public improvements, shall not be required to include any minimum number (or percentage) of each dwelling type, nonresidential use, or public improvements in each phase, and the landowner shall not be limited to any specific number of phases.
[1]
Editor's Note: See 53 P.S. § 10501 et seq.
C.
The minimum tract size shall be 100 gross acres.
D.
The cartway width for new local streets within a PRD shall be a minimum of 28 feet, with no on-street parking, 32 feet with designated on-street parking on one side and 38 feet with designated on-street parking on both sides. The cartway width for new collector streets within a PRD shall be a minimum for 38 feet. On-street parking will not be permitted on collector streets. If such streets are not to be dedicated to Washington Township, there is no requirement for a right-of-way beyond the cartway width. In the event that a particular street is to be dedicated to Washington Township, the legal right-of-way width shall be 50 feet for local streets and 60 feet for collector streets.
E.
All PRDs must be supplied with an adequate and approved central water system. The applicant shall present evidence to the Board of Supervisors that the PRD is to be supplied with water 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 areas in question, whichever is appropriate, shall be acceptable evidence. Fire hydrants shall be provided.
F.
All PRDs must be served by a publicly owned sanitary sewer system. A community sanitary sewer system may be utilized upon the approval of the Board of Supervisors.
G.
All PRDs must have frontage onto an arterial street as defined in the Washington Township Comprehensive Plan.
H.
All PRDs must provide for a variety of residential uses. No one type of use may constitute more that 60% of all residential uses, unless otherwise approved by the Board of Supervisors. The area dedicated to nonresidential uses as defined above shall not exceed 30% of the gross area.
§ 131-122 Area and bulk regulations.
A.
The intensity of land use, expressed as a maximum permitted percentage of impervious cover, shall be as follows: The overall average percentage of impervious cover shall not exceed 50%. The percent impervious surface shall be based upon the total area of impervious surface divided by the gross lot area as defined by this chapter. (Note: “impervious surface” shall be defined as that area covered by an impervious material, including streets, driveways, sidewalks, and buildings.) In no event shall the allowable average residential density for those uses permitted by § 131-119A(1)(a) through (e) above exceed 6.50 dwelling units per gross acre.
B.
Within a PRD, no minimum lot size is prescribed, rather, the following area and bulk regulations shall apply to any principal structure or any other building. At the time of application, applicant shall demonstrate to the Township that each lot created under this development option contains sufficient area for a feasible building envelope which complies with these area and bulk requirements:
(1)
Minimum separation between buildings, except accessory buildings, at any point shall not be less than 20 feet, except that minimum separation shall not be less than 50 feet measured perpendicularly from the rear wall of any residential structure to any point on any other principal building not accessory to such residential structure, except as permitted in Subsection B(10) below.
(2)
Minimum separation between accessory buildings and any principal structures to which they are not accessory (i.e., any principal structure on any other lot) at any point shall be 30 feet.
(3)
No exterior windows, doors, or other openings shall be permitted in any portion of any principal or accessory structure located less than five feet from any lot line (as in a zero-lot-line design scenario).
(4)
Where any portion of any principal or accessory structure is located less than five feet from any lot line, a perpetual easement providing for maintenance of such structure, and measuring no less than five feet in width from the affected walls, shall be provided on the adjacent lot(s). This provision shall not apply to lot line(s) where separating two-family or multifamily dwelling units on the interior of the same principal structure.
(5)
Minimum setback from the edge of cartway (or outside edge of curb, if applicable) of any street shall be not less than 25 feet, except as provided under Subsection B(6) below.
(6)
All proposed dwelling units in a PRD shall be situated so that they are set back a minimum of 50 feet from the predevelopment perimeter boundary of the tract. Existing dwellings and dwellings resulting from the conversion of existing structures shall be exempt from this requirement, except that additions to such existing structures shall not further reduce any setback less than 50 feet.
(7)
Maximum length of any residential building, including rows of attached townhouses or other multifamily buildings, shall not exceed 160 feet.
(8)
Maximum depth of any section of any residential building shall not exceed 75 feet.
(9)
Maximum number of townhouses permitted in one continuous grouping shall be seven. The minimum number of townhouses permitted in one continuous grouping shall be three. The minimum width of a townhouse unit shall be 20 feet.
(10)
Minimum distance between rows of townhouses shall be 25 feet. Minimum distance between apartment buildings shall be 25 feet. No apartment shall be located closer than 50 feet from a townhouse. No apartment or townhouse shall be located less than five feet from any parking area or driveway to a common parking area.
(11)
Maximum building height: 45 feet measured from the first floor elevation (but 75 feet for church steeples).
(12)
Maximum building coverage: 65% of permitted maximum impervious coverage, as set forth above.
(13)
While conformance to these area and bulk regulations is not dependent upon any specific minimum lot size or dimensions, development in accordance with this article shall only be granted where applicant has demonstrated that the design of lots, residential sites, nonresidential sites and open spaces conform to the purposes of this article and are of appropriate size, shape, and layout relative to the following:
(14)
Minimum distance between a residential use and a nonresidential use shall be 50 feet as measured perpendicularly from any wall of any residential structure to any point on any nonresidential structure.
§ 131-123 Off-street parking requirements.
A.
Parking for residential uses shall be provided at the following rates:
(1)
Single-family detached dwellings: 2.00 spaces/unit.
(2)
Two-family semidetached: 2.00 spaces/unit.
(3)
Townhouses: 2.00 spaces/unit.
(4)
Apartments: 1.50 spaces/unit.
(5)
Multifamily: 1.50 spaces/unit.
(8)
Age-restricted housing: 1.50 spaces/unit.
(9)
Agriculture: 2.00 space/unit.
*Largest shift |
B.
Parking facilities shall comply with the following standards.
(1)
Off-street handicapped parking:
(a)
Within off-street parking areas, parking spaces to accommodate handicapped drivers shall be provided according to the total size of the parking area as specified below:
Total Number of Parking Spaces | Minimum Number of Spaces for Handicapped Drivers | |
|---|---|---|
Fewer than 25 | 1 | |
25 to 75 | 2 | |
Over 75 | 2% of all spaces |
(b)
Parking stalls for use by handicapped drivers shall be clearly marked and shall be located to minimize the distance between the vehicles and a wheelchair-accessible entrance to the facility served.
(2)
Design requirements. Parking lots serving nonresidential uses and apartments shall be designed and maintained in conformance with the following regulations.
(a)
Parking lots shall not be used for the sale, repair or dismantling of any vehicles, equipment, materials or supplies.
(b)
Provisions shall be made for safe and efficient ingress and egress to and from public streets without. All points of ingress and egress along a public street shall be located at least 200 feet from the nearest intersection of any public street, with the exception of points of ingress and egress which are designated as “right turn only,” in which case a minimum of 100 feet shall be provided.
(c)
Parking spaces shall be provided with wheel or bumper guards so located and arranged so that no part of any parked vehicle shall extend beyond the limits of the parking area.
(d)
Lighting shall be provided and so designed such that adjacent residential properties and public streets shall not be directly illuminated.
(e)
Parking lot dimensions shall not be less than those listed in the following table:
Parking Stall | Aisle Width | ||||
|---|---|---|---|---|---|
Angle of Parking (degree) | Depth (feet) | Width (feet) | One-Way (feet) | Two-Way (feet) | |
90 | 18 | 9 | 22 | 22 | |
60 | 21 | 10 | 18 | 20 | |
45 | 19 | 10 | 15 | 18 | |
(3)
Loading areas for nonresidential uses.
(a)
Loading areas shall be completely contained upon the site of the building served and shall neither occupy nor infringe upon any parking spaces, traffic lanes within a parking area, driveways or public street rights-of-way.
(b)
Loading areas shall not be located in the front of the building, but shall be restricted to the rear and, if necessary, the side of the building.
(c)
All loading areas shall have a dust-free surface over the entire area customarily used by delivery vehicles for parking and maneuvering. The surface may be asphalt, bituminous concrete, concrete or any other dust-free surfacing material which may be approved by the Board of Supervisors.
(d)
The number of loading spaces shall be as determined by the developer of the property, but the Township may require evidence supporting the assertion that the number of loading spaces to be provided is adequate for the proposed use.
(e)
Loading areas shall be a minimum of 12 feet wide and 40 feet long.
(4)
Driveways. Driveways serving nonresidential uses and apartments shall be designed and maintained in conformance with the following regulations. Pavement widths and grades:
(5)
Miscellaneous.
(a)
Calculations to determine the required number of parking spaces which result in a fractional figure shall be rounded up to the nearest whole number.
(b)
Garages and driveways may be used in the calculations for off-street parking spaces when utilized in conjunction with single-family detached dwellings, two-family semidetached dwellings and townhouses.
C.
When submitting the final PRD plan for approval, the applicant shall provide for the maximum parking that may be expected for the various uses anticipated. This shall include the sum of applicable parking requirements outlined in this section.
D.
No parking shall be permitted closer than 30 feet from the outside tract boundary line for any PRD and five feet from the proposed required right-of-way line of an existing street or proposed street.
§ 131-124 Open space and recreation.
A.
Arrangement. The common open space may be designed as one or more contiguous areas. Open space areas shall generally consist of one or more contiguous acres. Open space areas which include a walking trail(s) or a trail link(s) may be less than one acre in size. Recreation and open space areas and facilities shall be located in close proximity to all resident uses within the PRD.
B.
Recreation. Ten percent of the required open space shall be suitable for active recreational uses.
C.
Open space. Open space shall be a minimum of 30% of the gross lot area as defined by this chapter. Where feasible or desirable, the open space shall be offered for dedication to the Township. No more than 40% of the area of a stormwater management basin, as measured at the emergency spillway elevation on the inside of the basin, shall be included as open space. All open space shall be designated as such on the plans.
§ 131-125 Landscaping regulations.
A.
Parking areas. Within apartment or nonresidential common parking areas, the follow shall apply:
(1)
No one area for off-street parking of motor vehicles in residential areas shall exceed 60 cars in capacity. Separate parking areas on a parcel shall be physically separated from one another by five-foot planting strips.
(2)
Not less than five feet of landscaped area shall be provided between the curbline of any parking area and the outside wall of the dwelling unit in a residential area.
(3)
Parking may be permitted within 10 feet of a property line when said property line abuts a lot used for apartment, nursing home, assisted-living or nonresidential purposes.
(4)
Parking lots shall be effectively landscaped with trees and shrubs to reduce the visual impact of glare, headlights, parking lot lights; to delineate driving lanes and define rows of parking; to provide shade in order to reduce the amount of reflected heat; and to improve the aesthetics of parking lots.
(5)
All parking lots with 20 or more parking stalls shall be landscaped according to the following regulations:
(a)
The ends of all parking rows shall be divided from driving lanes by planting islands.
(b)
In residential developments, parking lots shall be divided by planting strips into smaller parking areas of no more than 20 stalls in a row.
(c)
In nonresidential developments, parking lots shall be divided by planting strips into smaller parking areas of no more than 40 stalls.
(d)
Planting islands shall be a minimum of five feet by 20 feet in area, underlain by soil (not base course material), mounded at no more than a four to one slope, nor less than a 12 to one slope, and shall be protected by curbing. Each planting island shall contain one shade tree plus shrubs and/or ground cover to cover the entire area.
(e)
All planting strips shall be a minimum of five feet wide. Strips shall run the length of the parking row, underlain by soil, mounded at no more than four to one slope, nor less than a 12 to one slope, and shall be protected by curbs and/or wheel stops. Planting strips shall contain plantings of street-type shade trees at intervals of 30 to 40 feet plus shrubs and/or ground cover to cover the entire area at maturity.
(f)
The placement of light standards, as may be required, shall be coordinated with the landscape plan to avoid a conflict with the effectiveness of light fixtures.
B.
Street trees shall be required as follows:
(1)
Along all existing streets when they abut or lie within the proposed PRD.
(2)
Along all proposed dedicated streets.
(3)
Along access driveways that serve three or more residential dwelling units.
(4)
Along access driveways that serve nonresidential properties.
(5)
Along walkways through parking lots and between nonresidential properties.o
(6)
Street trees shall be located between the required right-of-way line and the building setback line and shall meet the following standards:
(a)
Trees shall be planted a minimum distance of two feet and a maximum distance of 10 feet outside the required right-of-way line.
(b)
In nonresidential developments, trees shall be located within a planting bed along the frontage, at least 10 feet in width, planted in grass or ground cover. In areas where wider sidewalks are desirable or space is limited, tree planting pits may be used.
(c)
Trees shall be planted at a ratio of at least one tree per 50 linear feet of frontage or fraction thereof. Trees shall be distributed along the entire frontage of the property although they need not be evenly spaced.
(d)
Trees shall have a total height of not less than six feet above the root ball.
(e)
Trees shall be hardy species (preferably, but not necessarily, native to the area) with minimal maintenance requirements that are compatible with other features of the site and its environs.
(f)
Trees shall be planted on both sides of the street in an alternating pattern.
C.
Stormwater basins and associated facilities. Landscaping shall be required in and around all stormwater management basins as follows:
(1)
All areas of stormwater management basins, including basin floors, side slopes, berms, impoundment structures or other earth structures, shall be planted with cover vegetation, such as lawn grass or naturalized plantings specifically suited for stormwater basins in accordance with an approved erosion and sediment pollution control plan. Trees and shrubs shall be allowed in and around stormwater basins, provided that they do not interfere with the proper function of the basin and no trees are planted on or within 30 feet of an impoundment structure or dam.
(2)
Minimum grades inside stormwater basins shall be 1%, unless a wet bottom basin is proposed, and maximum side slopes of the basin shall be 50% (two to one slope), unless retaining walls are used.
(3)
All stormwater basins and associated facilities landscaping shall be in accordance with any rules and regulations promulgated for the watersheds in which the PRD is to be located under the Pennsylvania Stormwater Management Act, Act of October 4, 1978, P.L. 864, No. 167, 32 P.S. § 680.1 et seq.
D.
Buffer area. A permanent vegetative buffer of not less than 30 feet in width shall be provided along the outside tract boundaries of a PRD, excluding access points and along existing or proposed streets, only in accordance with the following.
(1)
To the maximum extent possible, existing vegetation within the buffer areas along the property boundaries is to be preserved.
(2)
The setback for dwelling units or other accessory buildings in a PRD which are nearest to the outside property boundaries shall be measured from the interior edge of the buffer area; said interior edge is referred to herein as the "buffer line."
(3)
Existing healthy trees, shrubs or woodland may be substituted for part or all of the required material. The minimum quantities and/or visual effect of the existing vegetation shall be equal to or exceed that of the buffer.
(4)
In those areas which do not contain existing vegetation or in which the existing vegetation is of insufficient size to server as a buffer, a buffer shall be installed as follows:
(a)
Upon installation, a buffer shall be not less than six feet tall, achieving a height of not less than eight feet within three years.
(b)
Buffers shall have a minimum depth of 10 feet. No plant trunk shall be closer than 10 feet to any property line.
(c)
The buffer area shall be a continuous pervious planting bed consisting of the required trees, shrubs, grass or ground cover.
(d)
Parking is not permitted in the buffer area.
(f)
Berm(s) may be utilized to create the buffer in whole and/or part subject to the following:
[1]
The side slope of any berm shall not exceed a 3:1 grade.
[2]
The toe of the berm shall not be within 10 feet of a property line or road right-of-way.
[3]
The berm may not impede sight distance at any intersection or along any roadway.
[4]
The berm is to be stabilized with vegetation requiring a minimum of maintenance.
(5)
An overall landscape plan shall be provided.
E.
Site element screens.
(2)
Screen location. The site element screen shall be placed adjacent to the site element to be screened.. The screen shall be located as close as possible to the site element and shall surround the element without impeding function or encroaching on sight triangles.
(3)
Existing healthy trees, shrubs or woodland may be substituted for part or all of the required material. The minimum quantities and/or visual effect of the existing vegetation shall be equal to or exceed that of the site element screen.
(4)
Screen types and criteria. The following types of screens shall be available for use:
(a)
Site element screen type no. 1: double row of evergreen trees. A double row of evergreen trees shall be placed 10 feet on center and offset 10 feet to provide a continuous screen at a minimum height of 12 feet at maturity.
(b)
Site element screen type no. 2: opaque fence with ornamental trees and shrubs. A six-foot opaque fence surrounding the site element on at least three sides, with additional plantings at a minimum of three shrubs and two ornamental trees or shrubs for each 10 linear feet of proposed fence arranged formally and informally between the fence and the adjoining property line.
(c)
Site element screen type no. 3: architectural extension of the building. An eight-foot minimum height architectural extension of the building (such as a wing wall) shall enclose service or loading docks. The building materials and style of the extension shall be consistent with the main building.
(d)
Site element screen type no. 4: evergreen hedge. An evergreen hedge a minimum height at planting of six-foot plants, three feet on center maximum.
(e)
All trees shall be a minimum of six feet in height when planted.
§ 131-126 Design criteria specific to PRD.
A.
Traffic study. A traffic study shall be prepared far all PRD communities. The study shall be in accordance with the requirements of the Commonwealth of Pennsylvania, Department of Transportation.
B.
Existing significant features. All PRDs shall show or be accompanied by plans depicting significant existing features within 100 feet of any portion of the land which is the subject of the PRD. The plan shall depict the location, names, widths of existing streets and alleys; location of buildings; and location of watercourses, floodplain areas, wetlands, sanitary sewers, storm drains, bridges, utilities above and below the ground and other similar features.
C.
Lot depth. In order to provide for the maximum flexibility in development there shall be no lot depth-to-width ratio in a PRD.
D.
Utility and drainage easements. Easements with a minimum width of 20 feet shall be provided for dedicated common utilities and drainage when provided in or over undedicated land. Five feet additional width is required for each dedicated utility within the easement. Drainage easements shall be required along natural watercourses to a minimum width of 25 feet from the center line or five feet from the edge of wetland or floodplain and may also be used for storm and sanitary sewers and public water easements. No structures or trees shall be placed within such easements. In addition, the applicant shall provide an additional temporary easement of 20 feet for purposes of construction and maintenance. There shall be a minimum distance of 50 feet from any proposed dwelling unit and the pipe transporting petroleum products or natural gas which traverses the development.
E.
Cul-de-sac streets. A cul-de-sac street shall not be more than 1,000 feet in length, except that the Board of Supervisors shall have the right to allow the extension of a cul-de-sac street to a length greater than 1,000 feet based upon individual site conditions. In so much as a PRD is an entity unto itself, a cul-de-sac street within a PRD shall not be required to extend to the property line.
F.
Street grades. Minimum and maximum grades. There shall be a minimum grade of at least 1% on all streets; a maximum grade of 8% on arterial and collector streets; and 12% on local and rural streets within residential portions of a PRD.
G.
Curbing. Curbing shall be required along any cartway on which on-street parking shall be permitted. Curbing shall be either box, rolled, or belgium-block type. Within those areas of a PRD in which no on-street parking is to be permitted, grass-lined swales shall be permitted to the extent that the center line grade of the corresponding cartway does not exceed 7%. Transitions between curbing and swales shall only take place at intersections. Sidewalks shall be set back a minimum of two feet from the back of the curbing.
H.
Sidewalks. Sidewalks shall be provided along both sides of all curbed residential streets unless there are residential dwelling units on only one side of the street. In such a case, to the extent that the portion of the street containing dwelling units on only one side is greater than 500 feet in length, sidewalks need only be placed on the side of the street containing the dwelling units. In no event shall sidewalks be required along arterial streets. Sidewalks may be required to be placed in and/or to open space/recreation facilities or to provide convenient access to nonresidential facilities. Walking trails may be used in lieu of sidewalks with the approval of the Board of Supervisors. Macadam walkways may be substituted for concrete sidewalks with approval from the Board of Supervisors.
I.
Stormwater management. Stormwater management shall be governed and comply with Township Ordinance No. 2007-02, adopted on June 28, 2007 (Chapter 99, entitled Stormwater Management, of the Code of Ordinances of the Township of Washington).
[Amended 12-12-2017 by Ord. No. 2017-4]
J.
Erosion and sediment pollution control plan. An erosion and sediment pollution control plan shall be prepared and submitted to the Berks County Conservation District for approval. The plan shall be required to incorporate best management practices to the greatest degree possible to limit point discharges and promote groundwater recharge, where feasible.
K.
Sanitary sewer and water facilities. All sanitary sewer and water facilities, whether public or community owned, shall be designed and constructed in accordance with the rules and regulations governing the same as adopted by the Washington Township Municipal Authority, as amended.
§ 131-127 General regulations.
A.
Utilities. All buildings and residential units within a PRD shall be served by a public or community water and a public or community sanitary sewer system. All utility lines such as electric, telephone and cable, shall be installed underground.
B.
Signs. Development identification signs and directional signs shall be permitted. Traffic directional signs and signs indicating direction to delivery and loading areas are permitted and shall not exceed four square feet each. One two-sided development identification sign shall be permitted at each entry to the development, each side of which shall not exceed 50 square feet in area. All signage within an PRD shall be approved by the Board of Supervisors to the extent that it does not comply with the requirements for the same as outlined in this chapter.
C.
Lighting fixtures. Illumination of any PRD residential structure including parking lots, driveways, walkways and entrances thereto shall be arranged so as to protect the adjacent highways and neighboring properties, whether or not contiguous thereto, from unreasonable direct glare or hazardous visual interference. No freestanding light fixture shall exceed a height of 20 feet. All nonresidential illumination shall be in accordance with the current Washington Township lighting standards.
D.
Provision for maintenance/ownership of common elements. A declaration acceptable to the Board of Supervisors and the Township Solicitor for the maintenance/ownership of all common elements which will not be owned and maintained by the Township shall be approved by the Board of Supervisors prior to final PRD plan approval and shall be recorded at the Berks County Recorder of Deeds office after final plan approval.
E.
Restriction against future subdivision. Since the concept embodied in these regulations is to develop the entire tract in a unified manner, and that the lots shown on the plan are for allocation of space among the owners of homes and nonresidential uses in the development, the entire tract shall be restricted by a declaration of covenants to run with the land so that the individual lots shown on the plan of a PRD cannot be further subdivided.
F.
Homeowners' association. In the event that a homeowners' association is proposed as part of a PRD, Washington Township shall be given a opportunity review all documentation creating the same, including, but not limited to the bylaws.
§ 131-128 Conflicts with other ordinances.
In the event a requirement, term, or provision of this article conflicts with any requirement, term or provision set forth in the Washington Township Subdivision and Land Development Ordinance[1] or other Washington Township ordinances regulating the development of land within the Township, or is otherwise in conflict with another requirement, term, or provision of this chapter, it is the intent of the Board of Supervisors that the requirements, terms, and provisions of this article shall control in the case of a development subject to the terms of this article.