In addition to the general goals stated in the
preamble of this chapter, the purposes of this article are:
A. To provide an opportunity for comprehensively planned
integrated mixed use development according to a unified development
plan (unified development plan) consistent with the goals and objectives
of the Township and the county;
B. To provide an opportunity for unified and harmonious
development in order to establish continuity between uses in terms
of character, scale, building massing and open space;
C. To protect natural resources and increase public access
and enjoyment of such resources;
D. To provide for flexible lot sizes, heights and building
setbacks allowing an opportunity for imaginative, innovative design,
mix of uses, maximum coordination and integration between the new
development and existing neighboring land uses; and
E. To provide flexibility in design and use of larger
tracts of land within the Township consistent with the goals and objectives
of the Township Comprehensive Plan and the County Comprehensive Plan.
Applications for adoption of a UDA and approval
of the unified development plan shall meet all procedural requirements
for a Zoning Map amendment as required by the MPG and this chapter,
and shall include the submission of a unified development plan, which
shall include the following items, at a minimum:
A. Unified development plan tract data. A plot plan which identifies the total acreage of the unified development plan tract, unified development plan tract boundaries and the ownership of the unified development plan tract and all adjacent properties, and a metes and bounds description of the boundary between the proposed residential and nonresidential development, such line to be used only for purposes of calculating densities, etc., as set forth in §
139-177 herein, and not be to considered as a subdivision line.
B. Means of access. A plan which identifies all existing
access points/curb cuts, including but not limited to public roads
within 500 feet of the unified development plan tract proposed for
development and all new access points or connections into the existing
road system proposed as part of the unified development plan.
C. Development data. A concept plan which indicates the
location of any proposed development, including internal roadways,
principal buildings and parking areas and proposed preliminary stormwater
management concepts. The plan shall indicate the type of uses planned
and the general location of each such use within the unified development
plan tract.
D. Easements; covenants; restrictions. A narrative describing
generally the proposed easements, covenants and restrictions for the
unified development, which shall identify or describe the party or
parties who will be responsible for the maintenance and management
of the stormwater systems, roadway systems and other common elements
of the unified development.
E. Treatment and disposal of sewage. A written description
of the proposed method of sewage disposal into a municipal sanitary
sewer system, which shall include a description of any acid, toxic,
radioactive or otherwise unsafe materials that may be released into
the sewage disposal system and the method by which the treatment thereof
is proposed, including a demonstration that capacity s available and
that such facilities will be constructed and operational at the time
of occupancy of the Unified Development (the feasibility of such construction
and operation to be demonstrated to the Board at the time of approval
of the unified development plan).
F. Conservation plan. A conservation plan complying with the provisions of §
73-11, except that the surveys of individual trees over six inches in diameter not part of a tree mass referenced in Subsection
C thereof shall not be required, provided that surveys of trees over six inches in diameter not part of a tree mass in those areas where development is proposed shall be required at the time of land development approval of or of a portion of the unified development plan.
G. Traffic study; shared and reserved parking. A traffic study complying with the requirements set forth in §
139-100.1 of this chapter, as well as a study investigating the feasibility of shared and reserved parking within the nonresidential portion of the unified development plan.
H. Community impact study. An analysis of the potential
effects and impacts of the unified development plan upon the following
community facilities: emergency services, solid waste disposal, recreation,
transportation, school facilities and school district budgets, public
utilities, and Township revenues and expenses.
The following procedures shall apply to the
designation of a UDA District and the underlying zoning districts:
A. Application for Zoning Map change. The map change application shall be submitted to the Township Board of Supervisors, together with such fee and such forms as may be prescribed by the Board of Supervisors, which shall, within 15 days of submission of a complete application, refer the application to the County and Township Planning Commissions as required by Article
XXIII. Not later than 30 days after submission of the application, plans and supporting information, the Board of Supervisors shall hold a public hearing to consider the application, pursuant to public notice and posting of the tract as required by the MPC for a Zoning Map change. The Board, within 30 days following the conclusion of the public hearing, shall, by written notice to the applicant, grant or deny approval to the map change application.
B. Conditional use review of unified development plan application. The unified development plan application shall be submitted to the Township Board of Supervisors together with such fee and such forms as are prescribed by §
139-118.1A. The Board of Supervisors shall, within 30 days of submission of a complete application, refer the application to the County and Township Planning Commissions as required by §
139-118.1. Not later than 60 days after submission of the application, plans and supporting information, the Board shall hold a public hearing to consider the application, pursuant to public notice and posting of the unified development plan tract as required by the MPC for a Zoning Map change. The Board, within 45 days following the conclusion of the public hearing, shall, by written notice to the applicant:
(1)
Grant approval to the unified development plan
application as submitted:
(2)
Grant approval to the unified development plan
application, subject to specified conditions not included in the unified
development plan application as submitted; or
(3)
Deny approval to the unified development plan
application.
C. Authority to combine hearings. The Township Board
of Supervisors shall have the authority to combine into one hearing,
the hearings and notice required by this section for the map change
application and for the unified development plan application.
D. Criteria for unified development plan application
review. The Township shall approve, approve with conditions, or deny
a unified development plan application with findings and conclusions
thereon. Decisions pertaining to a particular phase shall include
review and recognition of the entire unified development plan. Decisions
in all phases shall be based on the following criteria:
(1)
Compliance with the objectives the Township
and County Comprehensive Plans relative to land use, circulation and
community facilities.
(2)
Assurance that the proposed use shall not be
detrimental to adjacent properties.
(3)
Suitability of the unified development plan
tract to support the proposed use(s) and associated infrastructure.
(4)
Suitability of the existing mad network to support
traffic associated with the proposed use in terms of safety and capacity.
(5)
Consistency with the purposes of this article
XXX as set forth in §
139-174.
(6)
Assurance that the unified development plan
is consistent with the public health, safety and welfare.
E. Other use approvals. Development using the unified
development plan conditional use approval shall be in lieu of any
other requirement for a special exception or other form of use approval
otherwise required in a subdistrict.
F. Building permits. Once the unified development plan
is approved, permits may be issued only pursuant to approved land
development or subdivision plans consistent with the approved unified
development plan. The Development process includes both a unified
development plan and land development plan. The final land development
plan shall be required to ensure that approval conditions are met.
G. Subdivision. The unified development plan tract may
be subdivided for separate ownership or lease (or as otherwise required
by the MPG or the SLDO), but only if the subdivision does not interfere
with the development or use of the unified development plan tract
in accordance with the approved unified development plan.
H. Authority to attach reasonable conditions to approval.
In approving the unified development plan application, the Township
Board of Supervisors may attach such reasonable conditions and safeguards,
in addition to those expressed in this article, as it may deem necessary
to protect the health, safety and welfare of the Township residents.
I. Submission of subdivision and land development plan. Approval of the unified development plan application shall not effect a subdivision or land development of any part of the unified development plan tract. Subject to the provisions of §
139-179K(3) below, the developer, or any successor to the developer, for all or any portion of the unified development, shall comply with the SLDO in effect at the time of the unified development plan approval. The application may include a subdivision and/or land development plan for the first phase of the unified development. Conditional use approval of the unified development plan application by the Township Board of Supervisors will be in lieu of any other zoning or use approval otherwise required with respect to uses approved as a part of the unified development plan application.
J. Vested right to proceed. The applicant, or any successor
to the applicant, for all or any portion of the unified development,
shall have a vested right to proceed according to the approved unified
development plan, and no subsequent change or amendment to the Zoning,
Subdivision and Land Development Ordinance, or other governing ordinance
or regulation, shall be applied to affect adversely the right of the
applicant, or any successor, to commence or complete any aspect of
the approved unified development plan, or materially increase the
amount of site improvements or the projected cost of construction
of buildings and site improvements, for a period of 20 years from
the date of conditional use approval of the unified development plan.
K. Amendment of unified development plan.
(1)
Once the unified development plan is approved,
permits may be issued only pursuant to approved land development plans
which are consistent with the approved unified development plan.
(2)
The Township Board of Supervisors may permit amendment of the unified development plan upon application for amendment by an applicant representing the entirety of, or any portion of, the unified development by following the procedures and criteria outlined in Subsections
B,
C and
D of this §
139-179.
(3)
Any deviations which are material, including but not limited to a change in density or use or a legal variance from the provisions of this chapter; result in a materially greater adverse impact to the adjacent properties; and/or are deemed by the Willistown Board of Supervisors to violate the spirit and intent of the unified development plan approval shall be considered an amendment to the unified development plan and shall require another conditional use review, as outlined in Subsection
B,
C and
D of this §
139-179.