In order to provide an expeditious method for processing a development plan for a planned residential development under the provisions adopted pursuant to the powers granted herein, and to avoid the delay and uncertainty which would arise if it were necessary to secure approval, by a multiplicity of local procedures, of a plat of subdivision as well as approval of a change in the zoning regulation otherwise applicable to the property, it is hereby declared to be in the public interest that all procedures with respect to the approval or disapproval of a development plan for a planned residential development and the continuing administration thereof shall be consistent with the following provisions:
A. An application for tentative approval of the development plan for a planned residential development shall be filed by or on behalf of the landowner.
B. The application for tentative approval shall be filed by the landowner in such form, upon the payment of such a reasonable fee and with such officials of the Township as shall be designated in the provisions adopted pursuant to this article.
C. All planning, zoning and subdivision matters relating to the platting, use and development of the planned residential development and subsequent modifications of the regulations relating thereto, to the extent such modification is vested in the municipality shall be determined and established by the Board of Supervisors.
D. The application for tentative approval shall include, in addition to the plans and supporting data required in §§
310-7 and
310-8 of Chapter
310, Subdivision and Land Development, such information as is reasonably necessary to disclose the following:
(1) The proposed land use areas within the planned residential development, distinguishing between types of residential, nonresidential and open space uses;
(2) The location, size and topography of the site and the nature of the landowner's interest in the land proposed to be developed;
(3) The density of land use to be allocated to parts of the site to be developed;
(4) The location and size of the common open space and the form of organization proposed to own and maintain the common open space;
(5) The use and the approximate height, bulk and location of buildings and other structures;
(6) The feasibility of proposals for water supply and the disposition of sanitary waste and stormwater;
(7) The substance of covenants, grants of easement or other restrictions proposed to be imposed upon the use of the land, buildings and structures including proposed easements or grants for public utilities;
(8) The provisions for parking of vehicles and the location and width of proposed streets and public ways;
(9) The required modifications in the municipal land use regulations otherwise applicable to the subject property;
(10) The feasibility of proposals for energy conservation and the effective utilization of renewable energy sources;
(11) In the case of development plans which call for development over a period of years, a schedule showing the proposed times within which applications for final approval of all sections of the planned residential development are intended to be filed and this schedule must be updated annually, on the anniversary of its approval, until the development is completed and accepted;
(12) Site plan shall be drawn at a scale no smaller than one inch to 100 feet;
(13) Eighteen copies of the site plan and supporting data shall be submitted to the Township for review and comment.
E. The application for tentative approval of a planned residential development shall include a written statement by the landowner setting forth the reasons why, in his opinion, a planned residential development would be in the public interest and would be consistent with the comprehensive plan for the development of the municipality.
F. Public hearings.
(1) Within 60 days after the filing of a complete application for tentative approval of a planned residential development pursuant to this chapter, a public hearing pursuant to public notice on said application shall be held by the Township Supervisors. The chairman, or in his absence, the acting chairman, of the Supervisors may administer oaths and compel the attendance of witnesses. All testimony by witnesses at any hearing shall be given under oath and every part of record at a hearing shall have the right to cross-examine adverse witnesses. The Board may continue the hearing from time to time, and, where applicable, may refer the matter to the Township Planning Committee for a report; provided, however, that in any event, the public hearing or hearings shall be concluded within 60 days after the date of the first public hearing.
[Amended 12-16-2019 by Ord. No. 271]
(2) A verbatim record of the hearing shall be caused to be made by the Township whenever such records are requested by any party to the proceedings. The cost of making and transcribing such a record shall be borne by the party requesting it and the expense of copies of such record shall be borne by those who wish to obtain such copies. All exhibits accepted in evidence shall be identified and duly preserved or, if not accepted into the record, shall be properly identified and the reason for the exclusion clearly noted in the record.
G. Findings.
(1) The Township shall, by official written communication to the landowner, within 60 days following the conclusion of the public hearing:
(a) Grant tentative approval of the development plan as submitted;
(b) Grant tentative approval subject to specified conditions not included in the development plan as submitted; or
(c) Deny tentative approval to the development plan.
(2) Failure to so act within said period shall be deemed to be a grant of tentative approval of the development plan as submitted. In the event, however, that tentative approval subject to conditions is granted, the landowner may, within 30 days after receiving a copy of the official written communications of the Township, notify such agency of his refusal to accept all said conditions, in which case, the Township shall be deemed to have denied tentative approval of the development plan. In the event the landowner does not, within said period, notify the Township of his refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted.
(3) The grant or denial of tentative approval by official written communication shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without conditions, or for the denial, and said communications shall set forth with particularity in what respects the development plan would or would not be in the public interest including but not limited to findings of fact and conclusions on the following:
(a) In those respects in which the development plan is or is not consistent with the Comprehensive Plan for the development of the Township.
(b) The extent to which the development plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to density, bulk and use, and the reasons why such departures are or are not deemed to be in the public interest.
(c) The purpose, location and amount of the common open space in the planned residential development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development.
(d) The physical design of the development plan and the manner in which said design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation, and visual enjoyment.
(e) The relationship, beneficial or adverse, of the proposed planned residential development to the neighborhood in which it is proposed to be established.
(f) In the case of a development plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interest of the public and the residents of the planned residential development in the integrity of the development plan.
(4) In the event a development plan is granted tentative approval, with or without conditions, the Township shall set forth in the official written communications the time within which an application for final approval of the development plan shall be filed or, in the case of a development plan which provides for development over a period of years, the period of time within which applications for final approval of each part thereof shall be filed. Except upon the consent of the landowner, the time so established between grant of tentative approval and an application for final approval shall not be less than three months and, in case of developments over a period of years, the time between applications for final approval of each part of a plan shall not be less than 12 months.
H. Status of plan after tentative approval.
(1) The official written communication provided for in Subsection
G(1) of this section shall be certified by the Secretary of the Township and shall be filed in its offices, and a certified copy shall be mailed to the landowner. Where tentative approval has been granted, the same shall be noted on the Zoning Map.
(2) Tentative approval of a development plan shall not qualify a plat of the planned residential development for recording nor authorize development or the issuance of any land use permits. A development plan which has been given tentative approval with conditions which have been accepted by the landowner (and provided that the landowner has not defaulted nor violated any of the conditions of the tentative approval), shall not be modified or revoked nor otherwise impaired by action of the Township pending an application or applications for final approval, without the consent of the landowner, provided an application for final approval is filed or, in the case of development over a period of years, provided applications are filed, within periods of time specified in the official written communications granting tentative approval.
(3) In the event that a development plan is given tentative approval and thereafter, but prior to final approval, the landowner shall elect to abandon said development plan and shall notify the official review agency in writing, or in the event the landowner shall fail to file application or applications for final approval within the required period of times or times, as the case may be, the tentative approval shall be deemed to be revoked and all that portion of the area that has not been given shall be subject to those local ordinances otherwise applicable thereto as they may be amended from time to time, and the same shall be noted on the Zoning Map and in the records of the Township.