[Amended 2-4-1986 by Ord. No. 148]
The purposes are:
A.
To recognize the need for rational direction for increasing
land development and to meet the growing need for housing of all types,
while at the same time to minimize the loss of open countryside, to
preserve the atmosphere of the Township, to forestall inadequacies
in community services and facilities and to protect property values
in existing residential areas.
B.
To encourage innovations in residential development
and renewal so that the growing demand for housing may be met by greater
variety in type or design and layout of dwellings and by conservation
and more efficient use of open space ancillary to said dwellings.
C.
To provide greater opportunities for better housing
and recreation for all who are or will be residents of the Township.
D.
To encourage a more efficient use of land and public
services and to reflect changes in the technology of land development
so that the economies so secured may enure to the benefit of those
who need homes.
E.
To encourage more flexible land development which
will respect and conserve natural resources such as streams, lakes,
floodplains, groundwater, wooded areas, steeply sloped areas and areas
of unusual beauty or importance to the natural ecosystem.
F.
In aid of these purposes, to provide a procedure which
can relate the type, design and layout of residential development
to the particular site and the particular demand for housing existing
at the time of development 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
established hereby is carried out pursuant to sound, expeditious and
fair administrative standards and procedures and to design the above-mentioned
procedure so that it permits higher densities in the areas recognized
in the Comprehensive Plan as most capable of receiving and supporting
such densities.
The Board of Supervisors shall administer the
provisions of this article, which administration shall include the
approval, modification or disapproval of any development plan; provided,
however, that subject to any inconsistent provisions of the Planning
Code, the Board of Supervisors may by resolution from time to time
designate the Township Planning Commission as the official agency
of the Board of Supervisors for any or all of such purposes, either
generally or with respect to one or more specific developments, and
may from time to time by resolution revoke or amend any such designations.
No application for tentative approval of a planned
residential development shall be considered or approved unless the
following conditions are met:
A.
The proposed planned residential development consists
of one or more contiguous parcels of land under one ownership containing
50 or more acres of land, located in a R-PRD Planned Residential District
of the Township.
B.
The proposed planned residential development will
be connected to public water and sanitary sewer systems.
C.
Both water supply and sewage disposal system shall
be operational at the time of occupancy of the first completed structure.
D.
The proposed development is found to be consistent
with the Comprehensive Plan for Concord Township.
[Amended 10-7-1997 by Ord. No. 218]
A building may be erected, altered or used, and a lot or premises may be used for any of the purposes set forth in this section and for no other, provided that the demolition of or special exception or conditional use for an historic resource shown on the Historic Resources Map[1] or any subdivision, land development or construction activity within 300 feet of an historic resource shown on the Historic Resources Map shall be subject to the provisions of Article XIXA relating to historic preservation.
A.
Uses by right.
(1)
Residential uses. It is the objective of this article to encourage the utilization of a variety of housing types in planned residential developments. A mix of housing types appropriate to the site determined according to the provisions set forth in §§ 210-90B(2) and 210-93A and subject to the approval of the Board may include the following residential uses:
B.
Uses by special exception.
[Added 11-5-2008 by Ord. No. 325]
(1)
A cellular telecommunications facility with antennas
attached to a nonresidential building or a structure of a permitted
church, municipal or governmental building or facility and a building
or structure owned by a public utility regulated by the Pennsylvania
Public Utility Commission, subject to the applicable provisions of
Articles XXA and XXVIII.
[1]
Editor's Note: The Historic Resources Map is located at the end of this chapter.
A.
The maximum possible average gross density computed
over the entire planned residential development shall be one dwelling
unit per acre.
B.
Not less than 50% of the total area of the planned
residential development shall be designated as and devoted to common
open space.
C.
No more commercial development shall be allowed than
expert market analysis shows, to the satisfaction of the Board, will
be needed to serve the resident population of the planned residential
development.
D.
A density bonus of up to 10% of the permitted average
gross density for the PRD may be granted by the Board of Supervisors,
at its discretion, in the event that the applicant transfers land
to the Township for public use in excess of the minimum fifty-percent
open space requirement for a PRD, provided that the area of the land
to be transferred represents at least 10% of the gross tract area
of the proposed PRD. The land transferred to the Township for public
use may be a part of the PRD tract or may be located on a contiguous
tract anywhere within the Township.
[Added 2-5-1989 by Ord. No. 171]
B.
Landscaping.
(1)
Landscaping shall be regarded as an essential feature
of every planned residential development. In addition to the preservation
of natural features, trees and slopes of the site, careful attention
shall be given to landscaping of parking areas and provisions of street
trees as required by this article.
(2)
In order to determine the suitability of specific areas of the total PRD site for specific land uses and land use intensities, a thorough analysis of the natural features of the site will be required in accordance with § 210-93. The following subject categories must be included in such an analysis:
(a)
Hydrology. Analysis of natural drainage patterns
in site area, including denoting surface water, marsh, floodplain,
permanent high-water table and seasonal high-water table areas throughout
the site.
(b)
Geological. Analysis of characteristics of rock
formations underlying the site, including defining aquifers (particularly
those subject to pollution), shallow bedrock areas and areas in which
formations are unstable.
(c)
Soils. Analysis of types of soils present in
the site area, including defining of prime agricultural soils, aquifer
recharge soils areas, unstable soils and soils susceptible to erosion.
(e)
Vegetation. Analysis of land cover of site,
including designations of forest and woodland areas, meadowland areas
and areas with little or no land cover.
(3)
Landscaping shall be planned and effectuated in the planned residential development so as to integrate buildings with their surrounding lands and to present a total pattern throughout the site. The use of berms is encouraged. In the planning and effectuation of such landscaping as well as in the effectuation of Subsection B(4) and (5) of this section, the developer shall be guided by the following criteria. Plant material, including both deciduous and evergreen trees and shrubs, shall be chosen on the basis of:
(a)
Aesthetic values such as autumn coloration,
flowers, fruit, bark and crown characteristics, susceptibility and
dieback.
(b)
Susceptibility to insect and disease infestation
and air pollution.
(c)
Species longevity.
(d)
Wind firmness and suitability of plant material
to soil types.
(e)
Wildlife values (ability of plant material such
as oak, hickory, dogwood and walnut to provide food for bird and animal
life).
(f)
Trees and shrubs which are prone to cause pavement
heaving or whose roots have a tendency to invade water and sewer lines
(i.e., poplar, willow, silver and Norway maple, beech) shall not be
planted where their presence will result in pavement heaving or the
clogging of mains and drains.
(g)
Where land is open or barren, the planting of
trees is encouraged.
(4)
The protection of trees of eight-inch caliper or over
measured 4.5 feet off the ground shall be a factor in determining
the location of open space, buildings, underground services, walks,
paved areas, playgrounds, parking areas and finished grade levels.
[Amended 2-5-1989 by Ord. No. 171]
(5)
The development shall be designed and programmed so
as to minimize earthmoving, erosion, tree clearance and the destruction
of natural amenities. Natural features, such as lakes, streams and
wooded slopes, shall be preserved and incorporated into the final
landscaping of the development, wherever possible and desirable. The
applicant shall demonstrate the means whereby trees and other natural
features shall be protected during construction. Wherever possible,
scenic points, historic spots and other community assets and landmarks
shall be preserved.
(6)
Seeding, sodding and other planting shall be applied
to stabilize topsoil on steep slopes and to enhance the appearance
of open space. This program must be approved by the Soil Conservation
District of the Federal Soil Conservation Service. Excessive cuts
and fills shall be avoided. Topsoil shall not be stripped, covered
or removed from the development site.
(7)
Erosion control measures, such as minimizing the areas of exposed soil, mulching, building silt catchment basins and planting temporary ground cover, shall be instituted as necessary. All construction, including grading and regrading, shall be accomplished under and in accordance with the conservation plan required by § 210-93A of this article. Where adequate surface drainage is not possible by grading alone, a supplementary drainage system approved by the Township Engineer will be required.
(8)
All parking areas shall be landscaped. The interior
of each lot shall have one two-inch-caliper shade tree for every four
cars.
(9)
Wherever the site is not naturally wooded, shade trees
shall be provided along all streets. No fewer than two two-inch-caliper
trees measured 4.5 feet off the ground shall be planted for each twenty-five-foot
section of collector streets. For the purpose of these regulations,
street trees are limited to the following: honey locust, red oak,
columnar-typo maples, sugar maple and sweet gum.
(10)
Subject to the approval of the review agency,
the planting strip or utility strip between the curb and sidewalk
may be moved and placed into an acceptable public park area on an
equal basis, resulting in an integral curb, gutter and sidewalk treatment
where this is accomplished. Where integral curb, gutter and sidewalk
is permitted, a planting and utility easement shall be required. The
combined dimension of such sidewalk and planting and utility easement
together shall not exceed the residual dimension of road right-of-way
measured from the back of the curb to the right-of-way line for each
side, respectively. Such integral treatment shall, however, not be
permitted on arterial or collector thoroughfares. Areas within planting
strips cannot be used to enable larger lot sizes or used for park
purposes.
C.
Buildings.
(1)
All housing shall be designed with regard to the topography
and natural features of the site. The effects of prevailing winds,
seasonal temperatures and hours of sunlight on the physical layout
and form of the proposed buildings shall be taken into account.
(2)
The approximate location and arrangement of buildings
and open spaces must be shown to the Board on tentative plans so that
it may review the intensity of land use and serve the public interest
by protecting neighboring land uses.
(3)
Good quality development is encouraged by taking into
consideration the appearance of all elevations and layouts of buildings
and external spaces and materials used therein.
(4)
Variation of conventional siting practices such as
building setbacks from streets and minimum distances between buildings
may be required by the Board in order to produce a more attractive
and interesting arrangement of buildings.
(5)
All housing shall be sited so as to ensure natural
light for all principal rooms and to enhance privacy within and adjacent
to the planned residential development.
(6)
Housing and other facilities near the periphery of
the planned residential development shall be designed so as to be
harmonious with neighboring areas.
(7)
Townhouses shall be arranged in groups or clusters
and not in long rows parallel to street lines.
(8)
Single-family houses, semidetached houses and townhouses
may be arranged so as to provide for individual lots for each unit
or may be arranged as rental units or condominiums.
[Amended 2-5-1989 by Ord. No. 171; 3-5-1991 by Ord. No.
177]
(a)
Sufficient yard areas shall be set aside and
designated on the plan for each type of housing so that, on an average,
throughout the development:
[1]
The maximum net residential density for attached
housing (townhouse) use areas shall not exceed eight dwelling units
per acre.
[2]
The maximum net residential density for semidetached
housing areas shall not exceed six dwelling units per acre.
[3]
The maximum not residential density for single-family
detached housing areas shall not exceed three units per acre.
(b)
The acreage set aside for common open space,
rights-of-way of public streets or specific lots or areas set aside
for commercial, institutional or other purposes shall not be used
for computation of net residential density for any residential use.
(9)
No structure shall be less than 50 feet from the property
lines of the development and a planting strip of trees and shrubs
as defined of at least 50 feet wide shall be provided along all property
lines at the periphery of the development where necessary to protect
the privacy of the neighboring residents.
(10)
No structure shall be within 50 feet of the
right-of-way of access roads or of common parking areas.
(11)
No structure shall be erected within 30 feet
of any other structure.
(12)
There shall be a minimum of 50 feet between
any wall containing 10% or more of principal windows in living areas
and any other such wall.
(13)
In order to promote good design of dwelling
and structures, the review agency may vary the terms of these requirements,
where necessary.
(14)
Each townhouse building shall be provided with
not less than the following space standards:
[Amended 3-5-1991 by Ord. No. 177]
(a)
Heights and area requirements.
[1]
Maximum heights. No building shall exceed the
height of 35 feet or four stories (exclusive of basements), whichever
is greater. No accessory building shall exceed 20 feet in height.
[Amended 1-5-1998 by Ord. No. 221[2]]
[2]
Maximum building length. In no case shall a
wall of any townhouse building exceed 225 feet in length in not more
than five residential units.
[3]
Bedroom restriction. Not more than four bedrooms
shall be permitted in any one townhouse.
[4]
Yards.
[a]
Front yards. There shall be a front
yard not less than 40 feet in depth between any townhouse building
or accessory building wall and any public street. If said street is
designated as an arterial or collector street, then the front yard
depth shall not be less than 50 feet.
[b]
Side and rear yards. There shall
be side and rear yards not less than 30 feet in depth.
[c]
Inner courtyards. Whenever a two-story
or two-and-one-half-story apartment house faces on a rectangular inner
court, the minimum width and length of the court shall be 60 feet.
When all apartment houses facing on a rectangular inner court are
one story in height, the minimum width and length of the court shall
be 40 feet. All such courts shall have a minimum of four openings
permitting access from outside the building groups into the court.
These openings shall be at least 10 feet in width between buildings
and may be covered by a roof, but not by any other part of a building.
[d]
Outer courtyards. The minimum width
of any outer court shall be 40 feet, and its depth shall not exceed
its width.
[e]
Special conditions.
[i]
No building intended for human
occupancy on any lot shall intrude into the area enclosed by the arc
of a circle with a radius of 60 feet extending 45° on each side
of a line perpendicular to the center of any window other than a bathroom,
bedroom or kitchen window. If both buildings involved are one story
in height, the radius of the circle may be reduced to 40 feet. This
limitation shall not apply to any wall of the same or another building
the plane of which intersects the plane of the wall in which the window
is mounted at an exterior angle of 90° or more. No window of an
apartment shall be so situated such that the projection of a line
perpendicular to the wall within which said window is mounted from
any point within the jambs of said window or within four feet outside
the jambs of said window shall intersect the wall of the same or another
apartment house within 40 feet.
[ii]
In no case shall the wall of an
apartment house be less than 10 feet from the wall of the same or
another apartment house measured along any line perpendicular to either
wall.
[iii]
The front of any apartment shall
not face the rear of any other apartment unless the distance between
the apartments is at least 60 feet and the service entries are screened
by a continuous wall or fence at least six feet high.
(15)
Building height.
[Amended 3-5-1991 by Ord. No. 177]
(a)
Maximum height. No building shall exceed the
height of 50 feet or four stories (exclusive of basements), whichever
is greater. No accessory building shall exceed 20 feet in height.
(16)
Dwelling unit structures shall be located and
sited so as to promote pedestrian and visual access to common open
space wherever possible.
D.
Nonresidential uses.
(1)
Shopping areas within the planned residential development
shall be located so as not to interfere with the residential character
of nearby dwelling units. Parking and loading places must be carefully
screened from view of adjacent residential development.
(2)
All commercial uses shall be located in a single area
of the planned residential development.
(3)
Commercial and other such nonresidential uses are
limited in total extent as follows:
(a)
No more than 2,400 square feet for every 100
dwelling units may be devoted to commercial areas.
(b)
No one single commercial area shall have a total
of more than 2,400 square feet of floor area.
(c)
One parking space shall be provided for every
400 square feet of commercial floor area.
(d)
No commercial use shall be included except those
in the C-1 Local Commercial District.
(4)
Commercial uses otherwise permitted in a development
shall be in a separate commercial building and not in a residence.
Any commercial structure shall be of an architectural design compatible
with that of the adjacent residential structures.
(5)
Signs for commercial uses are permitted subject to
the following restrictions:
(a)
A single, permanently installed, freestanding
sign for the commercial center is permitted. Such signs shall be limited
to a height of 15 feet with a total area of 30 square feet.
(b)
Signs for individual uses shall be permitted
on the structure. Roof signs or freestanding signs for individual
uses are prohibited. Such signs shall be limited to the width of the
store and shall be no more than 12 square feet in area and shall be
mounted flush on the structure. Signs should be of similar design.
(c)
Signs may be illuminated by shielded floodlights,
provided that such lighting is designed and located so as to direct
light away from adjacent residences.
(d)
No sign shall have a flashing, moving, rotating,
oscillating, shuttered or similar device.
(6)
Community recreational areas, such as swimming pools
and outdoor skating rinks, shall be located so as not to interfere
with the residential character of adjacent dwelling units and shall
conform with Township ordinances and regulations.
E.
Utilities.
(1)
All streets, off-street parking areas and areas of
high pedestrian use shall be adequately lighted. All such lighting
shall be designed and located so as to direct light away from adjacent
residences. Adequate lighting shall be provided after dark. Appropriate
lighting fixtures shall be provided for walkways and to identify steps,
ramps and signs. Such lighting shall be designed and located so as
to direct light away from adjacent residences.
(2)
The requirements for lighting may be waived by the
Board, where density of development may not justify its use.
(3)
Electric, telephone and all other utility facilities
shall be installed underground by the subdivider unless, in the opinion
of the Board of Township Supervisors, special conditions require otherwise.
In such event, such installations shall be as directed by the Board.
(4)
Where telephone and electric service lines are placed
underground, conduits or cables shall be placed within easement or
dedicated public ways in a manner which will not conflict with other
underground services. Further, all transformer boxes shall be located
so as not to be unsightly or hazardous to the public.
(5)
Easements shall be provided to account for the distribution
of unit substations to service the area. The design of the utility
structures should be architecturally compatible with the surrounding
structures.
(6)
The storm sewage for a planned residential development
shall be designed and constructed subject to the determinations of
the site analysis of the natural features and so as to minimize erosion,
flooding and runoff, using, as necessary, drainage easements, swales,
catchment basins, silt traps and design of cartways so as to minimize
runoff. Design is to be based upon an anticipated two inches per hour
rainfall, with one-hundred-percent runoff.
(8)
In the design of drainage facilities, special consideration
shall be given to problems that may arise from concentration of stormwater
runoff over adjacent properties and roads.
(9)
Storm sewer, as required, shall be placed in back
of the curb when located in a street or right-of-way. When located
in undedicated land, they shall be placed within an easement not less
than 20 feet wide, as approved by the Township. Open ditches shall
be limited in length as required.
(10)
In some cases, stormwater must travel in original
stream beds or in open channels. Concreted or riprapped channels shall
be required. Open channels, whether concreted or not, shall generally
be straightened, widened or otherwise adjusted to conform to hydraulic
requirements.
(11)
Storm sewers shall have a minimum diameter of
18 inches and a minimum grade of 0.5%. Changes in alignment shall
be by straight sections connected by inlets or manholes.
(12)
Where storm sewer passes between houses, sufficient
width shall be allowed between houses to accommodate said sewer. The
ground shall drain in the same direction as the sewer. No pockets
or craters shall be left in the road or on the ground.
(13)
Manholes shall be not more than 300 feet apart
on sizes up to 24 inches and not more than 450 feet apart on greater
sizes. Inlets may be substituted for manholes on approval by the Township.
(14)
Inlets and manhole covers and frames shall conform
to Township standards. At street intersections, inlets shall be placed
in the tangent and not in the curved portion of the curbing. Inlets
shall generally be Pennsylvania Standard Combination Special Inlets.
They shall be located at intersections and, as needed, between intersections.
Inlets shall be required when the design flow in any gutter exceeds
seven cubic feet per second. They shall be designed to deliver a rainfall
intensity of 2 1/2 inches per hour with one-hundred-percent runoff.
The upstream end of the inlet shall be recessed by 10 inches and shall
be depressed to show eight inches or more of curb face instead of
six inches as shown elsewhere. Inlets shall be so placed in an intersection
that rainwater shall not have to cross any road before entering.
(15)
Bridges and culverts shall have ample water
way to carry expected flows. Culverts shall be provided with wing
walls and constructed for the full width of the right-of-way. Bridges
shall be provided with a paved flow line and with deep aprons and
wing walls at each end. Bridges shall be constructed no narrower than
the cartway of the road they serve; and, in addition, sidewalks on
both sides shall be required.
(16)
Land subject to flooding.
(a)
Land subject to flooding or other hazards to
life, health or property and land deemed to be topographically unsuitable
shall not be platted for residential or institutional occupancy or
for such other uses as may increase danger to health, life or property
or aggravate erosion or flood hazard.
(b)
Such land within the subdivision shall be set
aside on the plat for uses as shall not be endangered by periodic
or occasional inundation or shall not produce unsatisfactory living
conditions.
(c)
Where flooding is known to have occurred within
an area shown on the plat, such area shall be clearly marked "subject
to periodic flooding" and shall not be platted in streets and lots.
(17)
Planned residential development shall be provided
with water supply systems through one of the following methods:
(a)
Connection to a public water system is required
where a public water system is accessible to the planned residential
development site, the word "accessible" being defined here and elsewhere
in this subsection as "within 500 yards." Where the public water system
is not yet accessible to the site, but is planned for extension to
the area, the developer shall provide adequate facilities for future
connection to the projected extension of the public system.
(b)
Provision by the developer of a central water
supply system serving the entire development where a public water
system is not accessible to the site. Central water supply systems
shall be designed and constructed in a manner that will permit adequate
connection with the public water system when the public water system
becomes accessible to the site. The design and construction of such
a central water supply system shall also conform to the current applicable
standards of the municipal water authority, the State Department of
Environmental Protection and, where applicable, the Pennsylvania Utilities
Commission and Delaware River Basin Commission.
(c)
If water is to be provided by means other than
by private wells owned and maintained by the individual owners of
lots within the proposed development, applicants shall present evidence
to the Board of Supervisors or the Planning Commission, as the case
may be, that the proposed 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, whichever
is appropriate, shall be acceptable evidence.[3]
(18)
Planned residential developments shall be provided
with sanitary sewer systems through the following method:
(a)
Connection to a public sewer system is required.
(19)
Refuse stations to serve residential, recreational
or commercial areas shall be verminproof and shall be designed with
suitable screening and located so as to be convenient for trash removal
and not offensive to nearby residential area.
F.
Streets.
(1)
The street system of the planned residential development
shall be designed so as to:
(a)
Create a separation of automobile and pedestrian
circulation through a hierarchy of roadway functions and design and
pedestrian walkways.
(b)
Relate harmoniously with land uses within and
adjacent to the PRD.
(c)
Create efficient and safer connections with
the existing road systems of the municipality in order to ensure proper
ingress and egress to and from the PRD.
(d)
Minimize through traffic in residential areas.
(e)
Streets shall be constructed in accordance with
street specifications of the Township.
[Added 2-5-1989 by Ord. No. 171]
(2)
Location and arrangement of streets.
(a)
The arrangement, character, extent, width, grade
and location of all streets shall conform to the Official Map of Concord
Township as adopted or amended and shall be considered in their relation
to existing and planned streets, to topographical conditions, to public
convenience and safety and in their appropriate relation to the proposed
uses of the land to be served by such streets.
(b)
Where such is not shown in the Official Map,
the arrangement of streets in the development shall either provide
for the continuation or appropriate projection of existing principal
streets in surrounding areas; or conform to a plan for the neighborhood
approved or adopted by the Board of Township Supervisors to meet a
particular situation where topographical or other conditions make
continuance or conformance to existing streets impracticable.
(c)
Local streets shall be so laid out that their
use by through traffic will be discouraged.
(d)
To facilitate snow removal and to permit easy
access for fire-fighting equipment and delivery trucks, dead-end streets
(culs-de-sac), designed to be so permanently, shall be provided at
the closed end with a turnaround having an outside cartway radius
of at least 40 feet and a right-of-way line radius of at least 50
feet. Such streets shall be not longer than 600 feet, measured from
its intersecting center line to the center of the turnaround, except
where topographical or other conditions make this limitation impracticable
as determined by the Board.
(e)
Collector streets shall have sidewalks. Secondary
streets shall have sidewalks as deemed necessary by the Board.
(3)
Access to streets.
(a)
Where a development abuts or contains a present
or proposed arterial or collector street, the Board shall require
reverse frontage with screen planting contained in a nonaccess easement
along the rear property line, marginal access street or such other
treatment as may be necessary for adequate protection of residential
properties and other abutting properties and to afford separation
of through and local traffic.
(b)
Reserve strips controlling access to streets
shall be prohibited except where control thereof is vested in the
Township under conditions approved by the Board of Township Supervisors.
When the development adjoins unsubdivided acreage, new streets shall
be provided through to the boundary lines of the development with
temporary easements for turnaround.
(4)
Street intersections.
(a)
Street jogs with center-line offsets of less
than 150 feet shall be avoided.
(b)
Streets shall be laid out so as to intersect
as nearly as possible at right angles, and no street shall intersect
any other street at less than 60°.
(c)
Right-of-way lines at street intersections shall
be rounded with a radius of 35 feet or of a greater radius where the
Board may permit comparable cutoffs or chords in place of rounded
corners.
[Amended 2-5-1989 by Ord. No. 171]
(d)
To the fullest extent possible, intersections
with major traffic streets shall not be located less than 800 feet
apart, measured from center line to center line.
(e)
Multiple intersections involving the junction
of more than two streets shall be avoided, and where such avoidance
is impossible, such intersections shall be designed with extreme care
for both vehicular and pedestrian safety.
(f)
Grades at intersections shall be in conformance with Subsection F(7)(c) below.
[Amended 3-5-1991 by Ord. No. 177]
(g)
Proper sight lines shall be maintained at all
intersections of streets. There shall be a clear sight triangle measuring
75 feet along the intersecting street lines from the point of intersection
indicated on the plan that is maintained free and clear of shrubs,
structures, signs and other visual obstructions.
(h)
The intersection should be designed and graded
to allow for proper drainage.
(5)
Street widths and building setback lines.
(a)
Street right-of-way, cartway widths shall be
as determined by resolution by the Board. Streets serving an apartment
site and grounds, where not required for use as fire lanes, may have
a minimum right-of-way width of 25 feet and a minimum cartway width
of 18 feet and shall have a durable and well-drained surface. The
location of such streets is subject to the approval of the Board.
(b)
[4]Additional rights-of-way and cartway widths than those
specified by the Board of Township Supervisors in order to lessen
traffic congestion, to secure safety from fire, panic and other dangers,
to facilitate the adequate provision for transportation and other
public requirements or to promote the general welfare shall be as
follows:
|
Street Type
|
Cartway Width
| |
|---|---|---|
|
Collector street
|
24 feet(excluding shoulder development as paved
bicycle trail)
| |
|
Secondary-residential street
|
22 feet (excluding shoulder development as paved
bicycle trail)
| |
|
Drive
|
20 feet
| |
|
Shared driveway
|
16 feet
| |
|
Double driveway
|
16 feet
| |
|
Single driveway
|
10 feet
|
(6)
Street alignment.
(a)
Except for secondary-residential streets, there
shall be a tangent of at least 100 feet measured at the center line
between curves.
(b)
The minimum radius at the center line for curves
on collector streets shall be 300 feet, and for secondary-residential
streets it shall be 150 feet. Proper superelevation shall be provided
for curves less than 600 feet in radius on collector streets.
(7)
Street grades.
(a)
Streets grades shall not exceed the following:
|
Street Type
|
Percent Grade
| |
|---|---|---|
|
Collector
|
6%
| |
|
Secondary-residential
|
10%
|
(b)
Vertical curves shall be used at changes of
grade exceeding 1% and shall be designed in relation to the extent
of grade change and to provide the following minimum lengths of curves:
(c)
Where the grade of any street at the approach
to an intersection exceeds 7%, a leveling area shall be provided having
a minimum length of 50 feet measured back from the street line within
which no grade shall exceed a maximum of 5%. Furthermore, the maximum
grade within an intersection shall not exceed 1%.
(d)
No street grade shall be less than 0.5%.
(e)
All streets shall be graded to the full width
of the right-of-way. Maximum side slopes within the right-of-way shall
not exceed one and one-half feet horizontal to one vertical (1.5:1)
and shall be adequately stabilized with appropriate plant materials.
(8)
Street names.
(a)
No street names shall be used which will duplicate
or be confused with the names of existing streets. Street names shall
be subject to the approval of the Board of Supervisors.
(9)
Street signs and lighting.
(a)
Street name signs conforming to Township specifications
shall be erected and painted in accordance with said specifications
at all street intersections or junctions in all developments at the
expense of the developer.
(b)
The developer shall install or cause to be installed,
at the developer's expense, such streetlighting facilities as may
be deemed adequate and as may be prescribed at the time the development
plan is approved, and the developer shall pay the cost of operating
said streetlights until such time as the street or streets upon which
said lights are installed shall be accepted by resolution of the Board
of Township Supervisors and consented to by the Court of Quarter Sessions,
as part of the public road system of the Township, or until the Board
condemns such street or streets for use as a public street.
(10)
Easements.
(a)
Easements across lots or centered on rear or
side lot lines shall be provided for utilities where necessary and
shall be at least 20 feet wide.
(b)
Where a development is traversed by a watercourse,
drainageway, channel or stream, there shall be provided a stormwater
easement or drainage right-of-way conforming substantially with the
lines of such watercourse, and such further width or construction,
or both as will be adequate for the purpose.
(c)
The area occupied by required easement shall
be provided in addition to the required net lot area specified herein.
G.
Parking.
(1)
Each dwelling unit must have space to park two automobiles
off the street. Spaces must be 10 feet by 20 feet and, in parking
areas, aisles 22 feet wide.
(2)
There shall be 300 square feet of off-street parking
space, in 10 feet by 20 feet spaces, for each 100 square feet of commercial
space exclusive of storage areas. In addition, paved truck loading
areas shall be provided such that all loading, unloading and maneuvering
can be accommodated within these areas.
(3)
Parking areas shall be screened from adjacent structures,
access roads and traffic arteries by hedges, dense planting, earth
berms, changes in grade or walls. All parking areas shall be a minimum
of 50 feet from all structures, access roads and traffic arterials.
(4)
Parking areas shall be arranged so as to prevent through
traffic to other parking areas.
(5)
No more than 15 parking spaces shall be permitted
in a continuous row without being interrupted by approved landscaping.
(6)
No more than 60 parking spaces shall be accommodated
in any single parking area.
(7)
Off-street parking or loading areas shall be surfaced
with a pervious asphaltic pavement, if the Township Engineer finds
that the soil will permit a pervious pavement. Otherwise, an impervious
pavement shall be laid.
[Amended 2-5-1989 by Ord. No. 171]
H.
Open space.
(1)
The open space shall be located so as to be consistent
with the objectives set forth in the application for planned residential
development. Where possible, it shall be designed as a contiguous
area easily accessible to the residents, and preserving and enhancing
natural features.
(2)
Areas set aside for open space shall be suitable for
the designated purpose and in any event shall be consistent with the
plan policy for future land use in the Township. Any such area shall
contain no structure other than a structure related to the purposes
of open spaces.
I.
Fire lanes and hydrants.
(1)
No dwelling unit or part of a unit shall be located
more than 200 feet from a duly improved and accessible fire lane,
as defined below, nor more than 600 feet from a private or public
street or a fire hydrant. All fire hydrants and fire lanes shall be
subject to the approval of the Township Fire Chief.
[Amended 2-5-1989 by Ord. No. 171]
(2)
Fire lanes shall have a minimum unobstructed right-of-way
width of 40 feet; and there shall be constructed within this right-of-way
an all-weather and well-drained surfaced cartway with a minimum width
of 24 feet. Rolled gutters or upright curbs may be required by the
Board. The extension of fire lanes shall begin from one or more private
or public streets.
[Amended 2-5-1989 by Ord. No. 171]
(3)
Dead-end fire lanes shall be terminated with an unobstructed
vehicular turnaround or cul-de-sac with a minimum right-of-way radius
of 50 feet and shall have a minimum surfaced radius of 40 feet. Dead-end
fire lanes shall have a maximum length of 600 feet.
[Amended 2-5-1989 by Ord. No. 171]
(4)
The location of fire lanes shall conform to plans
for the extension of streets, sanitary sewers, water mains, storm
sewer and other drainage facilities and public utilities as contained
in this chapter and other ordinances of the Township of Concord and
shall provide adequate access to buildings by firemen and other emergency
services.
(5)
Fire hydrants must be provided by the developer. The
number, type and location of fire hydrants and the size and rate of
flow of feeder lines shall be subject to the approval of the Township
Fire Chief.
(6)
No certificate of occupancy shall be issued until
fire lanes are constructed and hydrants tested and approved by the
Borough Fire Chief.
A.
There shall be provisions which ensure that the open
space land shall continue as such and be properly maintained.
(1)
The developer shall either:
(a)
Dedicate such land to public use if the Township
or another public agency has indicated it will accept such dedication;
(b)
Retain ownership and responsibility for maintenance
of such open space land; or
(c)
Provide for and establish one or more organizations
for the ownership and maintenance of all common open space.
B.
If a homeowners' association or open space trust is
formed, it shall be governed according to the following regulations:
(1)
The organization is organized by the developer and
operating with financial subsidization by the developer, if necessary,
before the sale of any lots within the development.
(2)
Membership in the organization is mandatory for all
purchasers of dwelling units therein and their successors.
(3)
The organization shall be responsible for maintenance
of and insurance and taxes on common open space.
(4)
The members of the organization shall share equitably
the costs of maintaining and developing common open space, in accordance
with procedures established by them.
(5)
The organization shall have or hire adequate staff
to administer common facilities and maintain the common open space.
(6)
Maintenance.
(a)
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 cured 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 cured. If the deficiencies set
forth in the original notice or in the modification thereof shall
not be cured 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 vest in the public any rights to use the common open space
except when the same is voluntarily dedicated to the public by the
residents and owners. Before the expiration of said year the Township
shall, upon its initiative or upon the request of the organization
theretofore responsible for the maintenance of the common open space,
call a public hearing upon notice to such organizations or to the
residents and owners of the planned residential development, who shall
show cause why such maintenance by the Township shall not, at the
election 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 organization is not ready and
able to maintain said common open space in a 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 shall be subject to appeal to court in the same manner,
and within the same time limitations, as is provided for zoning appeals
by the Municipalities Planning Code, as amended.[1]
(b)
The cost of such maintenance by the Township
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 tax lien on said properties. Said assessments
or charges shall be subordinate in lien to the lien of any mortgage
or mortgages on the property which is subject to such assessments
or charges regardless of when said mortgage or mortgages were created
or when such assessments or charges accrued, provided that such subordination
shall apply only to assessments or charges that have become payable
prior to the passing of title under foreclosure of such mortgage or
mortgages, and the transferee shall not be liable for payment of any
assessments or charges accruing prior to said foreclosure, but nothing
herein shall be held to affect the right herein given to enforce the
collection of such assessments or charges accruing after sale under
foreclosure of such mortgage or mortgages; and provided, further,
that such charges accruing after sale shall also be subordinate in
lien to the lien of any further mortgage or mortgages which are placed
on property subject to such assessments or charges, with the intent
that no such charges shall at any time be prior to lien or any mortgage
or mortgages whatsoever on such property. The Township, at the time
of entering upon said common open space for the purpose of maintenance,
shall file a notice of such lien in the office of the Prothonotary
of the county, upon the properties affected by such lien within the
planned residential development.
(7)
In accordance with Section 706 of Act 247,[2] the provisions of the development plan relating to the
use, bulk and location of buildings and structures, the quantity and
location of common open space and the intensity of use or the density
of residential units shall run in favor of the Township and shall
be enforceable in law or in equity by the Township, without limitation
on any powers or regulation otherwise granted the Township by law.
The development plan shall specify those of its provisions which shall
run in favor of and be enforceable by residents of the planned residential
development and, in addition, the manner in which such residents may
modify or release such rights.
[2]
Editor's Note: See 53 P.S. § 10706.
C.
The Township will consider floodplain land as particularly
suitable for dedication for public use for such purposes as walking
and bridle paths. While the Township is open to the dedication of
land involving historic sites and properties, it is also agreeable
to the consideration of imaginative use of such historic site and/or
property by the developer or by a homeowners' association.
A developer may construct a planned residential
development in stages if the following criteria are met:
A.
The application for tentative approval covers the
entire planned residential development and shows the location and
approximate time of construction for each stage, in addition to other
information required by this article.
B.
At least 15% of the dwelling units in the plan given
tentative approval are included in the first stage.
C.
At least 33% of the dwelling units in any stage are
rented or sold before any commercial development shown in that stage
shall be completed.
D.
The second and subsequent stages are completed consistent
with the tentatively approved plan and are of such size and location
that they constitute economically sound units of development. In no
event shall such stages contain less than 15% of the dwelling units
receiving tentative approval.
E.
Gross residential density may be varied from stage
to stage; provided, however, that final approval shall not be given
to any stage if the gross residential density by type of dwelling
of the area which includes stages already finally approved and the
stage for which final approval is being sought exceeds by more than
10% the gross residential density for each type of dwelling unit allowed
for the entire planned residential development in the tentatively
approved plan. Where it is necessary to allocate open space to early
stages to avoid exceeding maximum gross residential densities, the
developer may be required to grant an open space easement or covenant
to the Township specifying the amount and, if necessary, the location
of open space.
A.
Prior to application for tentative approval, the findings of the natural features analysis and the community impact analysis of the site explained in § 210-90A(1) and B(1) will be presented to the Board of Supervisors. The review will not affect the application procedures of the applicant but is intended to thoroughly familiarize both the applicant and the review agency with the potential of the site for planned residential development.
B.
Materials illustrating the following information will
be presented at the review:
(1)
A site map or maps at one inch equals 100 feet illustrating the hydrology, geology, soils, topography and vegetation of the site as explained in § 210-90B(2). The combined impact of the natural features upon the development potential of each specific area of the site will be clearly illustrated on the map.
(2)
Materials indicating the impact of the completed planned
residential development upon public facilities, utilities and roadway
systems. Projections as to the number of school children in the PRD
and the vehicular traffic generated by the PRD shall be included.
Where connection to public water supply and sewer systems is contemplated,
projections as to the required water supply capacity and wastewater
volumes generated by the PRD shall also be included.
A.
The application for tentative approval shall be executed
by or on behalf of the landowner and filed with the Township Secretary.
An initial deposit in the amount as set forth from time to time by
resolution of the Board of Supervisors 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 requested by the Township
to be applied against the expenses of processing the application,
not to exceed actual expenses incurred by the Township.[1]
B.
The application for tentative approval shall include documentation illustrating compliance with all of the standards for planned residential development in § 210-90, and where necessary the Board shall order such documentation to aid it in its review.
C.
Required documentation shall include, but not be limited
to, documents illustrating the following:
(1)
The location and size of the area involved and adjoining
areas; and the nature of the landowner's interest in the planned residential
development.
(2)
The proposed use areas and the net residential and
commercial density of each proposed land use.
(3)
The location, function, size, ownership and manner
of maintenance of the common open space.
(4)
The use and the approximate height, bulk and location
of buildings and other structures.
(5)
Information showing the feasibility of proposals for
sanitary sewerage, stormwater disposition and adequate water supply.
(6)
Utility systems.
(7)
The substance of covenants, grant of easement or other
restrictions to be imposed upon the use of land, buildings and structures,
including proposed grants and/or easement for public utilities.
(8)
The provision for parking of vehicles and locations,
rights-of-way and cartway widths of proposed streets and public ways.
(9)
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.
(10)
The application shall, insofar as possible,
indicate compliance with the provisions set forth herein, governing
the requirements for final approval.
D.
Application for tentative approval shall include but
not be limited to the following documents:
(1)
Plans at one inch equals 200 feet of existing natural
features of the land, including topography, vegetation, drainage and
soils.
(2)
A site plan showing approximate locations of buildings,
road and parking areas at one inch equals 100 feet.
(3)
A plan at one inch equals 100 feet delineating common
open space indicating size, nature of facilities, structures, if any,
and uses.
(4)
A plan at one inch equals 100 feet delineating approximate
locations, street types, right-of-way and cartway widths.
(5)
Site plan illustrating phasing, including a time schedule
for all on-site and off-site improvements to be dedicated for public
use, which may be modified from time to time by the Board.
(6)
A plan illustrating connection to 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.
(7)
A plan illustrating the relation of the proposed planned
residential development to the Township.
E.
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's Comprehensive Plan.
F.
One copy of every application for tentative approval
received by the Township Secretary shall be promptly forwarded to
the Township Planning Commission and to the Delaware County Planning
Commission for study and recommendation as required by the Pennsylvania
Municipalities Planning Code.[2] The Township Planning Commission and the Delaware County Planning Commission shall review and report upon the application to the Board 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 appointed time of this public hearing provided for in § 210-95 of this article.
[2]
Editor's Note: See 53 P.S. § 10101
et seq.
G.
The landowner, the Board of Supervisors, the Township
Planning Commission and the Delaware 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 a member of the Board or the
planning agencies shall be binding upon the Township.
A.
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 in the manner
prescribed in the Concord Township Zoning Ordinance for the enactment
of an amendment.[1] The Chairman or, in his absence, the Acting Chairman of
the Board of Supervisors or its designated agency 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 a hearing shall have the right to cross-examine adverse witnesses.
B.
A verbatim record of the hearing shall be caused to
be made by the Board of Supervisors 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 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 in evidence, shall be properly
identified and the reason for the exclusion clearly noted in the record.
A.
[1]The Board of Supervisors within 60 days following the conclusion
of the public hearing provided for in this article shall, by official
written communication to the landowner, either grant tentative approval
of the development plan as submitted, grant tentative approval subject
to specified conditions not included in the development plan as submitted
or deny tentative approval to the development plan. Failure to so
act within said period shall 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 that the landowner does not, within
said period, notify the Board of Supervisors of his refusal to accept
all said conditions, tentative approval of the development plan, with
all said conditions, shall stand as granted.
B.
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:
(1)
Those respects in which the development plan is or
is not consistent with the Comprehensive Plan for the development
of the municipality.
(2)
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.
(3)
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.
(4)
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.
(5)
The relationship, beneficial or adverse, of the proposed
residential development to the neighborhood in which it is proposed
to be established.
(6)
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.
C.
In the event that 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 a 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 application for final approval shall not
be less than three months and, in 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.
A.
The official written communication provided for in § 210-96 of this article shall be certified by the Township Secretary and shall be filed in his or her office, 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.[1]
B.
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 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 consent of the landowner, provided that an
application for final approval is filed or, in the case of development
over a period of years, provided that applications are filed within
the periods of time specified in the official written communication
granting tentative approval.
C.
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.
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 Supervisors 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 consist of
a plan or plans and accompanying documents which shall show and shall
include the following information:
(1)
[1] The plan. The final plan shall be at a scale of one inch
to 40 feet. The original drawing and all submitted prints thereof
shall be made on sheets 24 inches by 36 inches. Where necessary to
avoid sheets longer than the maximum size prescribed herein, final
plans shall be drawn in two or more sections accompanied by a key
diagram showing relative location of the sections. All plans shall
be clear and legible white prints of an ink drawing and shall include
the following information:
(a)
Development name or identifying title.
(b)
Municipality in which the development is located.
(c)
North point, scale and date.
(d)
Name of record owner and developer.
(e)
Name and seal of the registered professional
engineer or surveyor responsible for the plan.
(f)
Boundaries of the tract determined by accurate
survey in the field which shall be balanced and closed with an error
of closure not to exceed one foot in 10,000 feet.
(g)
Property lines (if any) within the development.
(h)
Lot areas (if any) to 1/1,000 of an acre.
(i)
Street lines, lot lines, rights-of-way, easements
and areas dedicated to or proposed to be dedicated to public use.
Profiles for all streets and for proposed sanitary storm sewer mains,
inlets and manholes.
(j)
The length of all straight lines, radii, lengths
of curves and tangent bearings for each street.
(k)
All dimensions and angles or bearings of the
lines of each lot and of each area proposed to be dedicated to public
use.
(l)
The setback line for each building.
(m)
Location and width of all private driveways.
(n)
Names proposed to be given to all streets.
(o)
Location of all structures.
(p)
Number of lots.
(q)
Number of dwelling units by type and, where
applicable, the number, location and square footage of areas to be
devoted to nonresidential use.
(r)
Architectural drawings to scale of all buildings.
(s)
A key map showing the relationship of the property
being developed to surrounding properties, such map to be drawn at
a scale of one inch equals 800 feet and showing all streets, roads,
municipal boundaries, subdivisions and adjoining properties within
1,000 feet of any part of the property. In the case of development
of a section of the entire tract, the key map shall show the relationship
of the section to the entire tract.
(t)
Total property area of the entire development
tract and, in the case of development in sections, the size of the
section for which plans are submitted.
(u)
All permanent monuments, streetlights and other
lighting.
(v)
Finished contours at vertical intervals of five
feet.
(w)
All existing watercourses, tree masses and other
significant natural features and proposed plantings.
(2)
The documentation. The application for final approval
shall also be accompanied by:
(a)
Copies of deed restrictions and/or easements,
if any.
(b)
Information of water supply and sewage disposal,
including copies of permits obtained under authority of statutes of
the commonwealth.
(c)
An affidavit that the applicant is the owner
of the land proposed to be developed.
(d)
Offers of dedication and covenants governing
the reservation and maintenance of undedicated open space, provided
that all such offers of dedication and covenants shall bear the certificate
of approval of the Township Solicitor as to their legal sufficiency.
(e)
A statement duly acknowledged before an officer
authorized to take acknowledgment of deeds and signed by the owner
or owners of the property to the effect that the development as shown
on the application for final approval is made with his or their free
consent and that it is desired to record the application and accompanying
documents upon their approval.
(f)
Whenever a developer proposes to establish a
street which is not offered for dedication and not required to be
offered for dedication, he shall submit a copy of statements cosigned
by the Township Solicitor that he has made an agreement on behalf
of his heirs and assigns with the Township. Said agreement shall be
subject to the Township Solicitor's approval and shall be recorded
with the plan. Said agreement shall establish the conditions under
which the streets may later be offered for dedication and stipulate,
among other things, that:
[1]
The street shall be in a good state of repair
as certified by the Township Engineer, or that the owners of the lots
along it agree to include with the offer of dedication sufficient
money, as estimated by the Township Engineer, to restore the street
to conform with Township specifications.
[2]
An offer to dedicate the street shall be made
only for the street as a whole.
[3]
The method of assessing repair costs shall be
as stipulated.
[4]
Agreement to offer the street for dedication
by the owners of 60% of the lots shall be binding on owners of the
remaining lots.
C.
In the event that the application for final approval
has been filed, together with all drawings, specifications and other
documents in support thereof, and as required by this article and
the official written communication of tentative approval, the Township
shall, within 45 days of such filing, grant such development plan
final approval.[2]
D.
[3]In the event that the development plan an submitted contains
variations from the development plan given tentative approval, the
Board of Supervisors may refuse to grant final approval and shall,
within 45 days from the filing of the application for final approval,
so advise the landowner, in writing, of said refusal, setting forth
in said notice the reasons why one or more of said variations are
not in the public interest.
(2)
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.
(3)
In the event that the landowner shall fail to take
either of these alternate actions within said time, he shall be deemed
to have abandoned the development plan.
(4)
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 ordinance for public hearings on applications for
tentative approval. Within 30 days after the conclusion of the hearing,
the Board of 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 article.
E.
A development plan, or any part thereof, which has
been given final approval shall be so certified without delay by the
Board of Supervisors and shall be filed of record forthwith in the
office of the 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 reasonable time 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.
A.
Improvements or guaranty thereof. Before approving any development plan for recording, the Board of Township Supervisors shall either require that the necessary grading, paving and other street improvements as required in § 210-90F hereof all have been installed in strict accordance with the standards and specifications of the Township or that the Township be assured by means of proper contract and completion guaranty, as set forth in Subsection B hereof, that the improvements will subsequently be installed by the developer. Where the development plan has been approved and recorded, either after the specified improvements have been completed and approved by the Board of Township Supervisors or, if prior to completion, upon proper completion guaranty as aforesaid, purchasers and mortgagees of lots in the development with or without buildings thereon or on any of them shall be relieved of any and all liability for any deficiency in lack of or failure to complete the improvements above mentioned as set out in said plan or required as a condition precedent to the approval of the plan of development, and any failure to complete or properly complete said improvements shall not encumber any or all of the lots in the development.
B.
Agreement to complete improvements. In all cases where
the necessary grading, paving and other street improvements required
herein shall not have been installed in strict accordance with the
standards and specifications of the Township, the developer shall
enter into a written agreement with the Township in the manner and
form approved by the Township Solicitor, wherein the developer shall
agree, to the extent applicable:
(1)
To construct or cause to be constructed, at his own
expense, all streets, bridges, culverts, curbs, gutters, sidewalks,
crosswalks, water systems, drainage facilities, streetlighting facilities,
street signs, monuments, sanitary sewerage, street shade trees and
parks and other improvements shown on said development plan, all in
strict accordance with standards and specifications of the Township
and within the time specified in said agreement.
(2)
To make adequate provision with the Township Engineer
for the inspection of the construction of the aforesaid improvements
to assure compliance with Township standards and specifications.
(3)
To maintain at his own cost said streets, bridges,
culverts, curbs, gutters, sidewalks, crosswalks, water systems, drainage
facilities, streetlighting facilities, street signs, monuments, sanitary
sewerage, street shade trees, parks and other improvements until the
same are accepted or condemned by the Township for public use and
for a period of two years thereafter to repair and reconstruct the
same or any part of one of them when such repair or reconstruction
shall be specified by the Board of Supervisors as necessary by reasons
of faulty construction, workmanship or materials.
(4)
To pay all costs, charges or rates of the utility
furnishing electric service for the streetlighting facilities installed
by the developer until such time as the streets shown on the development
plans shall have been accepted or condemned by the Township for public
use and to indemnify and save harmless the Township from and against
all suits, actions, claims and demands for electric service as aforesaid,
or any part thereof, to the time that said streets shall be accepted
or condemned as public streets in the manner hereinabove set forth.
(5)
To post contemporaneous with the execution of such agreement a bond, with corporate surety approved by the Township Supervisors, in such amount not less than 110% of the cost of all improvements, and in a form approved by the Township Solicitor, for the use of the Township (or in lieu of a bond, cash or negotiable securities in escrow deposited in a bank approved by the Township Supervisors pursuant to an escrow agreement in a form approved by the Township Solicitor), conditioned upon the developer's proper completion of the improvements as set forth in Subsection A hereof and the developer's maintenance and repair of the same for the period of 18 months following completion.[1]
(6)
At or before the acceptance or condemnation of the improvements by the Township for public use, to post a bond with corporate surety approved by the Township Supervisors in an amount not less than 15% of the guaranty set by Subsection B(5) thereof and in a form approved by the Township Solicitor (or in lieu of a bond, cash or negotiable securities in escrow deposited in a bank approved by the Township Supervisors pursuant to an escrow agreement in a form approved by the Township Solicitor), conditioned upon the developer's repair or reconstruction of the improvements for the period of 18 months following the acceptance or condemnation of the same by the Township for public use where specified by the Township as necessary by reason of faulty construction, workmanship or materials.[2]
(7)
To reimburse the Township promptly for reasonable
attorney's, engineers' and inspection fees and to obtain and pay for
the easements and deeds of dedication and leases required above.
(8)
To file two copies of a final plan with the Board
of Supervisors accurately showing the location of all buried utility
lines, underground drains, spring heads, storm drainage lines and
permanent development monuments, as a condition precedent to acceptance
of the streets and other required improvements.
C.
Security for completion of improvements. In all cases where the necessary grading, paving and other street improvements required herein shall not have been installed in strict accordance with the standards and specifications of the Township, no development plan shall be approved unless and until a bond shall have been posted or escrow funds deposited as set forth in Subsection B(5) hereof, conditioned upon the developer's proper completion of the improvements and his maintenance and repair thereof for the period of 18 months following completion. No improvements shall be accepted or condemned by the Township for public use unless and until a bond shall have been posted or escrow funds deposited as set forth in Subsection B(6) hereof, conditioned upon the developer's repair or construction of the improvements for the period of 18 months following the acceptance or condemnation of the same by the Township for the public use where specified by the Township as necessary by reason of faulty construction, workmanship or materials.[4]
