Washington Township Lehigh County
City Zoning Code
City Zoning Code
ARTICLE XVII
Planned Residential Developments
§ 360-103 Purpose.
A.
To encourage innovations in residential development for greater variety, efficient use of open space, and conservation of natural features.
B.
To provide greater opportunities for better housing and recreation in the Township.
C.
To encourage a more efficient use of land and services so that economies may benefit those who need homes.
D.
And, in the aid of those purposes, to provide a procedure which can relate the type, design, and layout of residential development to the particular site and demand for housing, in a manner consistent with the preservation of the property values within existing residential areas, and to assure that the increased flexibility of regulations over land development is carried out pursuant to sound, expeditious, and fair administrative standards and procedures.
§ 360-104 Eligibility requirements.
A.
Any application for tentative approval shall as a minimum meet the following requirements:
(1)
The proposed planned residential development shall consist of one or more contiguous parcels of land under single ownership.
(2)
The proposed planned residential development shall contain a minimum of 20 acres of land.
(3)
The proposed planned residential development shall be connected to both public water and public sewer.
(4)
Planning residential development shall be permitted to locate in the A, R-2 and R-3 Districts in the Township.
§ 360-105 Land use control and density requirements.
A.
Residential uses.
[Amended 7-21-2008 by Ord. No. 214]
(1)
(2)
Walkways, sidewalks, recreation areas, or payment in lieu of, must be installed by the developer as required by the Township.
B.
Nonresidential uses. The following nonresidential uses may be permitted in a planned residential development to the extent that they are designed and intended primarily to serve residents of the planned residential development and are compatible and harmoniously incorporated into the unitary design of the planned residential development.
C.
Land use density. Within the planned residential development, density shall be required by the following standards:
(1)
Average gross residential density for the total planned residential development site shall not exceed five dwelling units per acre.
[Amended 7-21-2008 by Ord. No. 214]
(2)
The percentage of the planned residential development site to be devoted to common open space shall be no less than 45% of the total site area.
[Amended 7-21-2008 by Ord. No. 214]
(3)
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 45% of the total site area.
§ 360-106 Site analysis.
A.
Natural feature analysis. In order to determine which specific areas of the total planned residential development site are best suited for high-density development, which areas are best suited for lower-density development, and which areas should be preserved in their natural state as open space areas, the developer shall submit a natural features analysis of the following subject categories:
B.
Community impact analysis. In order to determine the impact of the planned residential development upon the municipality, an analysis of the potential effects of the planned residential development upon public facilities, utilities, and roadway systems shall be required. Market analysis data which estimates potential market demand for various types of housing in the area of the proposed planned residential development site shall be presented.
C.
A planned residential development shall be required to connect directly to a roadway classified in the Township Comprehensive Plan as an arterial roadway.
[Amended 7-21-2008 by Ord. No. 214]
§ 360-107 Site design requirements.
A.
Residential uses.
(1)
Dwelling unit structure shall be located and interspersed so as to promote pedestrian and visual access to common open space.
(2)
Interior yards and/or structural spacing between dwellings and units shall be provided in accordance with the following minimums:
(a)
Front to front: 60 feet.
(b)
Front to side: 40 feet.
(c)
Front to rear: 60 feet.
(d)
Side to rear: 40 feet.
(e)
Side to side: 15 feet, except zero lot line designs, which shall only require one side yard setback of a minimum of eight feet.
[Amended 7-21-2008 by Ord. No. 214]
(f)
Rear to rear: 50 feet.
(g)
Corner to corner: 10 feet.
(h)
No building shall be closer than 60 feet to any perimeter property boundary lines.
[Added 7-21-2008 by Ord. No. 214]
(3)
Dwelling unit structure shall be located and arranged so as to promote privacy for residents within the planned residential development and maintain privacy for residents adjacent to the planned residential development. Structures shall be located within the development so that there will no adverse impact such as excluding natural light or invading the privacy of adjacent structures.
(4)
No building shall be erected to a height in excess of 35 feet.
(5)
No structure shall be located within 20 feet of the right-of-way of private streets or drives.
B.
Nonresidential.
(1)
All commercial uses shall be located in a single concentrated area of the planned residential development.
(2)
All commercial uses shall be located with direct access to at least a collector street as defined in the Township Comprehensive Plan. Other nonresidential uses may be required to have similar access.
(3)
Commercial signs are permitted subject to the following:
(4)
Other nonresidential use signs shall be subject to the requirements of this chapter.
C.
Streets, sewer and water utilities, storm drainage and soil erosion control, curbs and gutters and sidewalks. Streets, sewer and water utilities, storm drainage and soil erosion control, curbs and gutters and sidewalks shall be designed and improved in accordance with the requirements and standards set forth in Chapter 310, Subdivision and Land Development. Performance and maintenance guarantees and subsequent release of guarantees for all required improvements shall be in accordance with the requirements and procedures of Chapter 310, Subdivision and Land Development.
D.
Off-street parking and loading facilities. Off-street parking and loading facilities shall be in accordance with Article VI of this chapter.
E.
Other utilities. All off-street parking areas, and areas of intensive pedestrian use shall be adequately lighted. All such lighting shall be designed and located so as to direct light away from adjacent residences.
F.
Tree conservation and landscaping. Where extensive natural tree cover and vegetation does exist and cannot be preserved on the planned residential development site, landscaping shall be regarded as an essential feature of the planned residential development. In these cases, landscaping shall be undertaken in order to enhance the appearance of the planned residential development, aid in erosion control, provide protection from wind and sun, screen streets and parking areas, and enhance the privacy of dwelling units. Landscaping plan must be approved by the Township Supervisors.
§ 360-108 Ownership, maintenance and preservation of common open space.
A.
For the purpose of ownership, maintenance, and preservation of common open space, the developer shall establish a homeowners' association in accordance with § 360-22 of this chapter.
B.
In the event that the organization established to own and maintain a common open space or any successor organization shall at any time after establishment of the planned residential development 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 and owners of the planned residential development 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 properties within the planned residential development and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said entry and maintenance 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, upon its initiative or upon the request of the organization heretofore responsible for the maintenance of the common open space shall call a public hearing upon notice to such organization, or to the residents and owners of the planned residential development 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 said common open space in reasonable condition, the Township shall cease to maintain said common open space at the end of said year. If the Township shall determine such open space in reasonable condition, the Township may, in its discretion, continue to maintain said common open space during the next succeeding year and subject to a similar hearing and determination in each year thereafter. The decision of the Township in any such case shall constitute a final administrative decision subject to judicial review.
C.
The cost of such maintenance by the municipality 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 municipality, 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 the county, upon the properties affected by the lien within the planned residential development.
D.
Public dedication of common open space. An offer of dedication of common open space made by the developer in the development plan, before the establishment of any organization responsible for open space areas, and if accepted by the Township shall constitute a fulfillment of responsibility for providing and maintaining common open space areas.
§ 360-109 Development in stages.
A.
A planned residential development may be developed in stages if the following standards are met:
(1)
The location and approximate time of construction of each stage are clearly marked on the development plan.
(2)
At least 15% of the dwelling units in the development plan are included in the first stage.
(3)
At least 50% of the dwelling units in any stage shall be completed before any commercial development shown in that stage shall be completed.
(4)
The second and subsequent stages are completed consistent with the development plan and are of such size and location that they constitute economically sound units of development. In no event shall stages contain less than 15% of the dwelling units included in the development plan.
(5)
To encourage flexibility of housing density, design, and type in accord with the purpose of this chapter, gross residential density may be varied from stage to stage. A gross residential density in one stage which exceeds the permitted average gross residential for the entire planned residential development must be offset by a gross residential density in a subsequent stage which is less than the permitted average gross residential density for the entire planned residential development.
§ 360-110 Application for tentative approval of planned residential development.
In order to provide an expeditious method for processing a development plan for a planned residential development under the provisions adopted pursuant to the powers granted herein, and to avoid the delay and uncertainty which would arise if it were necessary to secure approval, by a multiplicity of local procedures, of a plat of subdivision as well as approval of a change in the zoning regulation otherwise applicable to the property, it is hereby declared to be in the public interest that all procedures with respect to the approval or disapproval of a development plan for a planned residential development and the continuing administration thereof shall be consistent with the following provisions:
A.
An application for tentative approval of the development plan for a planned residential development shall be filed by or on behalf of the landowner.
B.
The application for tentative approval shall be filed by the landowner in such form, upon the payment of such a reasonable fee and with such officials of the Township as shall be designated in the provisions adopted pursuant to this article.
C.
All planning, zoning and subdivision matters relating to the platting, use and development of the planned residential development and subsequent modifications of the regulations relating thereto, to the extent such modification is vested in the municipality shall be determined and established by the Board of Supervisors.
D.
The application for tentative approval shall include, in addition to the plans and supporting data required in §§ 310-7 and 310-8 of Chapter 310, Subdivision and Land Development, such information as is reasonably necessary to disclose the following:
(1)
The proposed land use areas within the planned residential development, distinguishing between types of residential, nonresidential and open space uses;
(2)
The location, size and topography of the site and the nature of the landowner's interest in the land proposed to be developed;
(3)
The density of land use to be allocated to parts of the site to be developed;
(4)
The location and size of the common open space and the form of organization proposed to own and maintain the common open space;
(5)
The use and the approximate height, bulk and location of buildings and other structures;
(6)
The feasibility of proposals for water supply and the disposition of sanitary waste and stormwater;
(7)
The substance of covenants, grants of easement or other restrictions proposed to be imposed upon the use of the land, buildings and structures including proposed easements or grants for public utilities;
(8)
The provisions for parking of vehicles and the location and width of proposed streets and public ways;
(9)
The required modifications in the municipal land use regulations otherwise applicable to the subject property;
(10)
The feasibility of proposals for energy conservation and the effective utilization of renewable energy sources;
(11)
In the case of development plans which call for development over a period of years, a schedule showing the proposed times within which applications for final approval of all sections of the planned residential development are intended to be filed and this schedule must be updated annually, on the anniversary of its approval, until the development is completed and accepted;
(12)
Site plan shall be drawn at a scale no smaller than one inch to 100 feet;
(13)
Eighteen copies of the site plan and supporting data shall be submitted to the Township for review and comment.
E.
The application for tentative approval of a planned residential development shall include a written statement by the landowner setting forth the reasons why, in his opinion, a planned residential development would be in the public interest and would be consistent with the comprehensive plan for the development of the municipality.
F.
Public hearings.
(1)
Within 60 days after the filing of a complete application for tentative approval of a planned residential development pursuant to this chapter, a public hearing pursuant to public notice on said application shall be held by the Township Supervisors. The chairman, or in his absence, the acting chairman, of the Supervisors may administer oaths and compel the attendance of witnesses. All testimony by witnesses at any hearing shall be given under oath and every part of record at a hearing shall have the right to cross-examine adverse witnesses. The Board may continue the hearing from time to time, and, where applicable, may refer the matter to the Township Planning Committee 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.
[Amended 12-16-2019 by Ord. No. 271]
(2)
A verbatim record of the hearing shall be caused to be made by the Township whenever such records are requested by any party to the proceedings. The cost of making and transcribing such a record shall be borne by the party requesting it 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 into the record, shall be properly identified and the reason for the exclusion clearly noted in the record.
G.
Findings.
(1)
The Township shall, by official written communication to the landowner, within 60 days following the conclusion of the public hearing:
(2)
Failure to so 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 subject to conditions is granted, the landowner may, within 30 days after receiving a copy of the official written communications of the Township, notify such agency of his refusal to accept all said conditions, in which case, the Township shall be deemed to have denied tentative approval of the development plan. In the event the landowner does not, within said period, notify the Township 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 communications 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)
In those respects in which the development plan is or is not consistent with the Comprehensive Plan for the development of the Township.
(b)
The extent to which the development plan departs from zoning and subdivision regulations 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, 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.
(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 interest of the public and the residents of the planned residential development in the integrity of the development plan.
(4)
In the event a development plan is granted tentative approval, with or without conditions, the Township shall set forth in the official written communications 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 provides for development over a period of years, the period 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 case of developments over a period of years, the time between applications for final approval of each part of a plan shall not be less than 12 months.
H.
Status of plan after tentative approval.
(1)
The official written communication provided for in Subsection G(1) of this section shall be certified by the Secretary of the Township and shall be filed in its offices, and a certified copy shall be mailed to the landowner. Where tentative approval has been granted, the same shall be noted on the Zoning Map.
(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 land use permits. A development plan which has been given tentative approval with conditions which have been 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 Township 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 periods of time specified in the official written communications 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 notify the official review agency in writing, or in the event the landowner shall fail to file application or applications for final approval within the required period of times or times, as the case may be, the tentative approval shall be deemed to be revoked and all that portion of the area that 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 and in the records of the Township.
§ 360-111 Application for final approval.
A.
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, a section thereof. Said application shall be made to the Township and within the time or times specified by the official written communication granting tentative approval. If the application for final approval is in compliance with the tentatively approved development plan, a public hearing need not be held.
B.
The application for final approval shall be in accordance with the design and improvement requirements for final plans contained in Chapter 310, Subdivision and Land Development, at a scale not smaller than one inch to 50 feet. In addition, the following information shall be required:
(1)
Total acreage of development, land uses in each area, total number of dwelling units, number of each type of dwelling unit, average gross residential density, and gross residential density in each section.
(2)
Building coverage lines accurately locating all types of dwelling units, and nonresidential structures, giving dimensions of the structures, distances between the structures, distances to street rights-of-way and parking areas, with distances accurate to the nearest foot.
(3)
Accurate dimension of common open space areas specifically indicating those areas to be preserved in their natural state and those areas to be developed for active recreation. Where common open space areas are to be developed, the location of structures in common open space areas shall be illustrated.
(4)
In the case of a planned residential development proposed to be developed over a period of years, final plan requirements will apply only to the section for which final approval is being sought. However, the final plan presented for the section to be developed must be considered as it relates to information regarding densities and types of dwelling units, location of common open space, sanitary sewer and water distribution systems, and street systems presented for the entire development in the application for tentative approval.
(5)
Architectural drawings illustrating exterior designs of each type of typical dwelling unit and nonresidential structures to be constructed.
(6)
All covenants running with the land governing the reservation and maintenance of dedicated or undedicated open space land. These shall bear the certificate of approval of the municipal solicitor as to their legal sufficiency.
(7)
Restrictions of all types which will run with the land and become and become covenants in the deeds of lots shown on the final plan.
(8)
Such certificates of approval by authorities as have been required by the Township including certificates approving the water supply system and the sanitary sewer system.
C.
Guarantee of improvements. The guarantee of improvement construction and completion shall be as set forth in Chapter 310, Subdivision and Land Development.
D.
Procedures after application for final approval.
(1)
In the event the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, as required by this chapter and the official written communication of tentative approval, the Township Supervisors shall, within 45 days of such filing, grant such development plan final approval.
(2)
In the event the development plan as submitted contains variations from the development plan given tentative approval, the Township 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 said refusal, setting forth in said notice the reasons why one or more of said variations are not in the public interest. In the event of such refusal, the landowner may refile his application for final approval without the variations objected to.
(3)
File a written request with the Township Supervisors that it hold a public hearing on his application for final approval. If the landowner wishes to take either such alternate, 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 already have 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. Any such public hearing 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 in this chapter for public hearings on applications for tentative approval. Within 30 days after the conclusion of the hearing, the Township Supervisors shall, by official written communication, 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 an application for tentative approval set forth in this chapter.
(4)
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 or recorded within 30 days after final approval has been granted in the office of the County Recorder of Deeds before any development shall take place in accordance therewith. Upon the filing of record of the development plan, the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion within a period of two years of said planned residential development or of that part thereof, as the case may be, that has been finally approved, no modification of the provisions of said development plan, or part thereof, as finally approved, shall be made except with the consent of the landowner.
(5)
In the event that a development plan, or section thereof, is given final approval and thereafter the landowner shall abandon such plan or the section thereof that has been finally approved, and shall so notify the Township, in writing; or, in the event the landowner shall fail to commence and carry out the planned residential development or of that part thereof within a period of two years after final approval has been granted, no development or further development shall take place on the property included in the development plan until after the said property is resubdivided and is reclassified by enactment of an amendment to this chapter in the manner prescribed for such amendments in this chapter.