[Ord. 2-80, 11/17/1980; as added by Ord. 91-4, 9/3/1991]
The application for tentative approval shall be executed by
or on behalf of the landowner and filed with the Township Secretary.
An initial deposit as set forth in the current fee schedule of the
Township of Richmond shall be paid upon filing of the application
to be applied against such expenses, and additional deposits shall
be made from time to time as required by the Township of Richmond
to be applied against the expenses of processing the application,
not to exceed actual expenses incurred by the Township of Richmond.
[Ord. 2-80, 11/17/1980; as added by Ord. 91-4, 9/3/1991]
1.
The application for tentative approval shall include documentation
illustrating compliance with all of the standards for planned residential
development in Subpart B of this Part 12, and where necessary the
Township of Richmond shall order such documentation to aid them in
their review.
2.
General Documentation. Required documentation shall include, but
not be limited to, documents illustrating the following:
A.
The location and size of the area involved, and the nature of the
landowner's interest in the planned residential development.
B.
The proposed use areas, the average gross residential density and
the density of each proposed type of residential use area.
C.
The location, function, size, ownership, and manner of maintenance
of the common open space.
D.
The use and the approximate height, bulk and location of buildings
and other structures.
E.
Information showing the feasibility of proposals for water, sanitary
sewage and storm water disposition.
F.
Utility systems.
G.
The substance of covenants, grant of easements, or other restrictions
to be imposed upon the use of land, buildings and structures including
proposed grants and/or easements for public utilities.
H.
The provision for parking of vehicles and location, rights-of-way
and cartway widths of proposed streets and public ways.
I.
In the case of plans which call for development in stages, a schedule
showing the time within which applications for final approval of all
parts of the planned residential development are intended to be filed,
and which shall be updated annually on the anniversary of submission
for final approval.
J.
The application shall, insofar as possible, indicate compliance with
the provisions set forth herein, governing the requirements for final
approval.
K.
Water Supply. If water is to be provided by means other than by private
wells owned and maintained by the individual owners of lots within
the planned residential development, applicants shall present evidence
to the Board of Supervisors that the planned residential development
is to be supplied by a certified public utility, a bona fide cooperative
association of lot owners, or by a municipal corporation, authority
or utility. A copy of a Certificate of Public Convenience from the
Pennsylvania Public Utility Commission or an application for such
certificate, a cooperative agreement, or a commitment or agreement
to serve the area in question, which ever is appropriate, shall be
acceptable evidence.
3.
Plans. Application for tentative approval shall include but not be
limited to the following documents:
A.
Plans at a scale of one inch equals 200 feet of existing natural
features of the land including topography, vegetation, drainage and
soil.
B.
A site plan showing approximate locations of buildings, roads, parking
areas at a scale of one inch equals 100 feet.
C.
A plan at a scale of one inch equals 100 feet delineating common
open space indicating size, nature of facilities, structures, if any,
and uses.
D.
A plan at a scale of one inch equals 100 feet delineating approximate
locations, street types, rights-of-way and cartway widths.
E.
Site plan illustrating phasing, including a time schedule for all
on-site and off-site improvements to be dedicated for public uses.
F.
A plan illustrating connection to existing public utilities, streets
and rights-of-way accompanied by documentation as to the impact of
the proposed development on said public utilities, streets and rights-of-way.
G.
A plan illustrating the relation of the proposed planned residential
development to the Township of Richmond comprehensive plan.
4.
Said application shall also include a written statement by the landowner
setting forth the reasons why, in his opinion, the planned residential
development would be in the public interest and would be consistent
with the Township of Richmond comprehensive plan.
[Ord. 2-80, 11/17/1980; as added by Ord. 91-4, 9/3/1991]
One copy of every application for tentative approval received by the Township Secretary shall be promptly forwarded to the Planning Commission and to the Tioga County Planning Commission for study and recommendation as required by the Pennsylvania Municipalities Planning Code. The Township Planning Commission and the Tioga County Planning Commission shall review and report upon the application to the Township of Richmond within 30 days of such referral. One copy of the reports of the respective planning commissions shall be furnished to the landowner not less than five days before the appointed time of the public hearing provided for in § 27-305 of this Part. Additional copies may be required as deemed necessary by the Township Secretary.
[Ord. 2-80, 11/17/1980; as added by Ord. 91-4, 9/3/1994]
The landowner, the Township of Richmond, the Planning Commission,
and the Tioga County Planning Commission may consult informally concerning
the proposed planned residential development prior to the filing of
an application for tentative approval, provided that no statement
or representation by an official of the Township of Richmond or of
the planning agencies shall be binding upon the Township of Richmond.
[Ord. 2-80, 11/17/1980; as added by Ord. 91-4, 9/3/1991]
1.
Within 60 days after the filing of an 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 Board of Supervisors.
2.
Public notice shall be given and written notice shall be given to
the applicant, the Zoning Officer and to any person who has made timely
request for the same. Written notices shall be given at such time
and in such manner as shall be prescribed by rules of the Board of
Supervisors. In addition to the written notice provided herein, written
notice of said hearing shall be conspicuously posted on the affected
tract of land at least one week prior to the hearing.
3.
The parties to the hearing shall be the Township of Richmond, any
person affected by the application who has made timely appearance
of record before the Board of Supervisors, and any other person including
civic or community organizations permitted to appear by the Board
of Supervisors. The Board of Supervisors shall have power to require
that all persons who wish to be considered parties enter appearances
in writing on forms provided by the Board of Supervisors for that
purpose.
4.
The chairman, or acting chairman in the absence of the chairman,
of the Board of Supervisors shall have power to administer oaths and
issue subpoenas to compel the attendance of witnesses and the production
of relevant documents and papers, including witnesses and documents
requested by the parties.
5.
The parties shall have the right to be represented by counsel and
shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues.
6.
Formal rules of evidence shall not apply, but irrelevant, immaterial,
or unduly repetitious evidence may be excluded.
7.
The Board of Supervisors shall keep a stenographic record of the
proceedings. The appearance fee for the stenographer shall be shared
equally by the applicant and the Board of Supervisors. The cost of
the original transcript shall be paid by the Board of Supervisors
if the transcript is ordered by the Board of Supervisors or shall
be paid by the person appealing from the decision of the Board of
Supervisors if such appeal is made, and in either event the cost of
additional copies shall be paid by the person requesting such copy
or copies. In other cases the party requesting the original transcript
shall bear the cost thereof.
8.
The Board of Supervisors shall not communicate, directly or indirectly,
with any party of his representatives in connection with any issue
involved except upon notice for all parties to participate, shall
not take notice of any communication, reports, staff memoranda, or
other materials, except advice from their Solicitor, unless the parties
are afforded an opportunity to contest the material so noticed and
shall not inspect the site or its surroundings after the commencement
of hearings with any party or his representative unless all parties
are given an opportunity to be present.
9.
The Board of Supervisors 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 hearing
shall be concluded within 60 days after the date of the first public
hearing.
[Ord. 2-80, 11/17/1980; as added by Ord. 91-4, 9/3/1991]
1.
The Board of Supervisors within 60 days following the conclusion
of the public hearing shall, by official written communication to
the landowner, either:
2.
Failure to so act with said sixty-day 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 receiving a
copy of the official written communication of the Board of Supervisors
notify such 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 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.
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 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; and
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 of 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 Board of Supervisors may set forth in the
official written communication the time within which an application
for final approval of the development plan shall be filed or, in the
case of development plan which provides for development over a period
of years, the periods of time within which applications for final
approval of each part thereof shall be filed. Except upon the consent
of the landowner, the time so established between grant of tentative
approval and an application for final approval shall not be less than
three months and, in the case of development over a period of years,
the time between applications for final approval of each part of a
plan shall be not less than 12 months.
[Ord. 2-80, 11/17/1980; as added by Ord. 91-4, 9/3/1991]
1.
Notification of Approval. The official written communication shall
be certified by the Township Secretary and shall be filed in his office,
and a certified copy shall be mailed to the landowner. Where tentative
approval has been granted, it shall be deemed an amendment to the
zoning map, effective upon final approval, and shall be noted on the
zoning map.
2.
Actions Not Permitted by Tentative Approval. 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 given tentative
approval as submitted, or which has been given tentative approval
with conditions which have been accepted by the landowner (and provided
that the landowner has not defaulted or violated any of the conditions
of the tentative approval), shall not be modified or revoked nor otherwise
impaired by action of the Township of Richmond 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.
Abandonment of Plan. 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 Board of Supervisors 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 and in the records of the Secretary
of the Township of Richmond.
