[Ord. No. 172,
passed 12-17-1987; Ord. No. 321, passed 12-10-1998]
Council, recognizing that the technology and aesthetics of land
development and the demand for quality housing are undergoing substantial
and rapid changes, and recognizing the applicability of Article 7
of the Pennsylvania Municipalities Planning Code to said changes,
adopts the principle of planned residential development as part of
this Zoning Code and its requirements and procedures for the purposes
of:
(a)
Providing increased flexibility in the land development regulations
of the Township in order to encourage development that recognizes
advances in the theory and practice of site planning and in design
and technology in the building industry, and that recognizes the demands
in the housing market for a variety of housing types suited to the
needs of families of different size and income, with special provisions
for retired and elderly people;
(b)
Insuring that the uniform lot and use regulations appropriate to
previously developed residential neighborhoods do not operate to discourage
efficient, imaginative and more desirable development of substantially
undeveloped areas consistent with the reasonable enjoyment of neighboring
properties;
(c)
Encouraging the provision of open space that is allocated rationally
and that can be maintained efficiently, and the provision of other
amenities and services ancillary to new residential areas, thus encouraging
conservation of an attractive physical environment; and
(d)
Encouraging the use of land so that those public facilities required
in connection with new residential development can be provided more
economically.
[Ord. No. 172,
passed 12-17-1987; Ord. No. 321, passed 12-10-1998]
(a)
The administration of the procedures for application for and approval
of planned residential developments shall be vested in Council. Council
shall, however, refer all preliminary and final development plans
for such developments to the Planning Commission, the Delaware County
Planning Department, the Soil Conservation Service and any other advisory
body deemed necessary or appropriate by Council for its review and
comment.
(b)
In order to aid the orderly administration and processing of development
plans to be submitted under this chapter, at least 60 days in advance
of submission of the formal application for tentative plan approval,
an applicant shall be required to confer with the Planning Commission
relative to the proposed development, including sketch plans and any
other information essential to a basic evaluation of the project intended.
Recommendations and comments made by the Planning Commission upon
its review shall be incorporated into the development plan submitted
for tentative approval.
(c)
The Planning Commission shall act as the principal agent for Council
in reviewing and commenting on proposals for planned residential development.
As such, it shall receive and review the plans as contained in the
common regulations of this chapter. In addition, it shall be concerned
with the effect of the proposed development on the Comprehensive Plan
for the Township and on other matters required for consideration by
Council under this chapter. The Planning Commission may, in reviewing
a planned residential development, meet with the prospective developer
and informally direct whatever changes are agreed upon to obtain compliance
with the terms and spirit of this chapter. The Planning Commission
shall report to the Council, in writing, its findings and recommendations
not less than five days prior to the public hearing scheduled for
consideration of the tentative plan.
(d)
Final plans for planned residential development shall be reviewed
by the Planning Commission in accordance with the requirements of
the Township Subdivision and Land Development Regulations.
[Ord. No. 172,
passed 12-17-1987; Ord. No. 321, passed 12-10-1998]
The following conditions must be satisfied before an application
for planned residential development can be considered:
(a)
Any tract of land to be so developed shall be in one ownership. In
case of multiple ownership of the tract, evidence shall be presented
of a written agreement between the parties involved that development
will be in accordance with a single plan with common authority and
common responsibility.
(b)
Public water and public sewer service must be available, or adequate
evidence given that both can and will be provided concurrent with
development.
(c)
A tract size must be a minimum of 50 acres.
(d)
A tract must have frontage along a major collector or arterial road,
as identified by the Township Comprehensive Plan.
(e)
Those portions of a tract included within the one-hundred-year flood
hazard zone, including the designated floodway and flood fringe zones
and the approximate flood hazard zone, shall be clearly indicated
with the base flood elevation noted.
[Ord. No. 172,
passed 12-17-1987; Ord. No. 321, passed 12-10-1998; Ord. No. 332, passed 5-11-2000]
(a)
Permitted uses. The uses permitted in a planned residential development
shall be limited to the following and no other. Residential single-family
detached dwellings; single-family semidetached dwellings; single-family
attached dwellings; multifamily dwellings; mobile home parks; and
housing for the elderly and retired.
(b)
Required mix of dwelling units.
(1)
Each planned residential development shall consist of a minimum
of two or more of the dwelling unit types listed in subsection (a)
hereof.
(2)
The percentage and mix of the housing stock type shall be left
to the discretion of the developer, except that the minimum percentage
of at least two of each dwelling unit types shall be 20%, with at
least 30% of all units being single-family detached units, except
in the case of housing for the elderly and retired, where they will
not be required.
(3)
If mobile home parks are incorporated into the planned residential
development site plan, they shall not exceed 25% of all units proposed,
and shall not be integrated into unit types, but rather set aside
and developed in accordance with the regulations covering such uses
found in the Township Subdivision and Land Development Regulations
and this Zoning Code.
(c)
Other permitted uses. Other uses permitted are:
(1)
Residential accessory uses or structures.
(2)
Home occupations.
(3)
Educational or religious uses, except correctional or penal
institutions.
(4)
Accessory uses normally associated with housing for the elderly
and retired, including the following:
A.
Parking areas, private garages and minor garages;
B.
Maintenance garages, so that all storage for other than passenger
vehicles shall be structurally enclosed;
C.
Laundry, provided it is for the exclusive use of the residents
of the site;
D.
Laundry drying areas, provided they are screened from adjoining
property and public view by walls, fences or hedges.
E.
Recreation facilities and eating facilities, provided they are
for the exclusive use of the residents of the site and their guests;
F.
Medical care facilities, including intermediate skill care facilities
for the exclusive use of residents of the site, so long as the number
of beds provided for such care does not exceed one bed for each four
beds provided in conjunction with the primary use.
G.
Swimming pools, tennis courts and other similar recreational
uses, and patios or terraces for the exclusive use of the residents
of the site and their guests;
H.
Refuse collection centers accessible to the street system, provided
they are screened from adjoining property and from public view by
walls, fences or hedges;
I.
Management offices; and
J.
Any other uses that are similar to those set forth above in
this subsection and that are customarily incidental to and related
to housing for the elderly, subject to the approval of Council.
K.
Swimming pools on residential lots in accordance with Section
1256.04I3.e.
(d)
Common open space uses. Open space set aside under the provisions of this chapter shall be restricted to the uses permitted in Section 1272.06(c) or a similar use.
[Ord. No. 172,
passed 12-17-1987; Ord. No. 321, passed 12-10-1998]
(a)
Gross residential density (maximum). The maximum gross residential
density shall be four dwelling units per acre, with the exception
of housing for the elderly and retired, where six dwelling units per
acre are permitted.
(b)
Lot size and other specifications. Minimum lot size and other specifications
shall be as follows:
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Single-family dwelling: 10,000 square feet
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Two-family, detached dwelling: 12,000 square feet
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Single-family, semi-detached dwelling: 6,000 square feet (per
dwelling)
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Single-family, attached dwelling: 2,000 square feet
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Multifamily dwelling: 600 square feet
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Habitable floor area (minimum): 1,000 square feet
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Building coverage (maximum): 15%
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Total impervious coverage (maximum): 30%
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Common open space (minimum): 40%
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Height: 35 feet
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Gross commercial density, when applicable (maximum): 100 square
feet (leasable area per gross acre).
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(c)
Net residential density. Net residential density shall be as follows:
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Detached (maximum): 4 dwelling units per acre.
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Semidetached (maximum): 6 dwelling units per acre.
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Attached (maximum): 15 dwelling units per acre.
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Multifamily (maximum): 15 dwelling units per acre.
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[Ord. No. 172,
passed 12-17-1987; Ord. No. 321, passed 12-10-1998]
The following standards shall govern the design of the planned
residential developments:
(a)
General tract considerations.
(1)
All consideration shall be given to protecting and improving
the aesthetic quality of the tract. Earthmoving, including filling,
tree clearance and destruction of natural amenities, including views,
shall be minimized. Natural features such as lakes, streams and wooded
slopes shall be preserved and incorporated into the design of the
development wherever possible and desirable. The location of trees
and other natural features must be considered when planning the open
space and location of buildings, underground services, walks, paved
areas and finished grades. In order to facilitate adequate general
tract design, the applicant shall prepare a site analysis, including
graphic material, of the natural conditions on the tract.
(2)
Landscaping shall be regarded as an essential feature of the
planned residential development. This shall include preservation and
enhancement of existing features, enhancement of new buildings and
of the open space, and screening. Particular attention shall be given
to the landscaping of parking areas and streets.
(3)
Design and construction shall be such as to minimize any adverse
effect on adjoining properties.
(b)
Housing sites.
(1)
Dwellings may be provided for separate ownership, condominium
ownership, other forms of cooperative ownership and rental.
(2)
Attached dwellings and garden apartments shall be arranged in
groups or clusters, without long unbroken facades, and buildings shall
not be arranged in long rows parallel to street lines.
(3)
To create architectural interest in the layout and character
of a planned residential development, variations in building setbacks
shall be encouraged.
(4)
The developer shall make provision for the maintenance of buildings
and associated yard areas planned for condominium ownership, or other
forms of cooperative ownership. Such provisions shall be subject to
the approval of Council.
(5)
All housing shall be designed with regard to the topographic
and other natural features of the site.
(6)
Housing shall be designed and sited so as to provide adequate
privacy between dwelling units.
(7)
Routes for vehicular and pedestrian access and circulation and
parking shall be convenient without creating nuisances or detracting
from residential privacy.
(8)
The following requirements shall apply, except that Council
may, upon the recommendation of the Planning Commission, vary these
requirements where their strict application would be inconsistent
with the purposes of this chapter.
A.
No structure shall be within 30 feet of a curb, a private access
road or a street line, or within 20 feet of common parking areas.
B.
No building shall be erected within 30 feet of any other building
except where dwellings face or back up to each other, in which case
the distance between said dwellings shall be increased to 80 feet.
C.
There shall be a minimum of 35 feet between the walls of adjoining
buildings, except that there shall be 50 feet between any such walls
whose surface is 10% or more window area.
D.
No structure shall be located less than 50 feet from the planned
residential development tract boundary lines, or from zoning district
boundaries within the limits of the tract.
All structures, other than detached dwellings, shall be located
at least 150 feet from any detached dwelling located outside of the
boundaries of the planned residential development.
(c)
Common open space areas.
(1)
Areas agreed by the developer and the Township to be set aside
for open space shall be suitable for the designated purpose, and in
any case shall be consistent with the Township policy and plan for
future land use.
(2)
Open space areas shall contain no major structures other than
those related to the purpose of open space.
(3)
Open space areas shall be arranged and located so as to serve
the residents adequately and conveniently, taking into consideration
the characteristics of the site, and to preserve and enhance desirable
natural features.
(4)
Any land designated as common space shall be restricted to continued
open space use by an appropriate method approved by Council.
(5)
Up to 50% of an underground utility easement, or 30% of an above
ground utility easement, may be considered for part of the total common
open space area required.
(6)
Open space areas shall be consistent with the Township's
Comprehensive Plan.
(7)
Open space areas shall be suitable for active recreational uses
to the extent deemed necessary by Council, without interfering with
adjacent dwelling units, parking, driveways and roads.
(8)
Open space areas shall not be less than 75 feet in width, and
shall not comprise less than 15,000 square feet of contiguous area,
except when they are part of a trail system or pathway network or
tot lot.
(9)
Open space shall be interconnected with common open space areas
on abutting parcels wherever possible, including provisions for pedestrian
pathways for general public use to create linked pathway systems within
the Township.
(10)
Open space areas shall be provided with sufficient perimeter
parking, when necessary, and with safe and convenient access by adjoining
street frontage or other rights of way or easements capable of accommodating
pedestrian, bicycle, maintenance and vehicular traffic, and containing
appropriate access improvements.
(11)
The tentative and final plans shall designate the use of open
space, a schedule for its phasing, the type of maintenance to be provided
and a planting plan or schedule. No less than 25% of the total open
space and recreational facilities shall be provided for each phase.
In designating use and maintenance, the following classes may be used:
A.
Lawn. A grass area with or without trees which may be used by
the residents for a variety of purposes and which shall be mowed regularly
to insure a neat and tidy appearance.
B.
Natural area. An area of natural vegetation undisturbed during
construction or replanted. Such areas may contain pathways. Meadows
shall be maintained as such. Maintenance may be minimal but shall
prevent the proliferation of undesirable plants. Litter, dead trees
and brush shall be removed, and streams shall be kept in free-flowing
condition.
C.
Recreation area. An area designated for a specific recreational use, including, but not limited to, tennis, swimming, shuffleboard, playfields and tot lots. Such areas shall be located and maintained in such a manner as not to create a hazard or nuisance and shall perpetuate the proposed use. If no recreation is to be provided, then compliance with subsection (c) hereof will be required.
(12)
Designated planting and recreation facilities within the open
space area shall be provided by the developer. A performance bond
or other security shall be required to cover costs of installation
in accordance with this chapter.
(13)
An appropriate portion of the performance bond or other security
will be forfeited by the developer should he or she fail to install
the planting or recreational facilities.
(14)
Through mutual agreement between Council and the applicant,
the recreation areas required by paragraph (c)(11)C. hereof, or funds
for on or off-site recreation, shall be considered.
(d)
Streets, parking areas and sidewalks.
(1)
Streets within a planned residential development shall be related
to land uses and to the adjacent street system. Each street shall
be designated as a major thoroughfare, a collector street or a local
street according to its anticipated future use, and designated and
constructed in accordance with the applicable specifications of the
Township Subdivision and Land Development Regulations. However, where
the purposes of this chapter will be better served, Council may modify
the specific terms of the Subdivision and Land Development Regulations,
provided that a similar standard in performance is achieved.
Where private streets are proposed, acceptable provision for
their maintenance shall be an essential part of the development plan.
(2)
Parking for all uses within a planned residential development
shall be in accordance with the requirements for off-street parking
as set forth in the Zoning Code.
(3)
An adequate system shall be provided for safe and convenient
pedestrian circulation, consisting of approved all-weather surface
walkways. Sidewalks shall be required along all streets, unless otherwise
requested by the developer to be waived.
(e)
Lighting and screening.
(1)
Landscaping shall be provided and maintained in accordance with
the landscaping requirements of the Zoning Code and the Subdivision
and Land Development Regulations.
(2)
Adequate and appropriate provision shall be made to screen residential
uses from other uses and to reduce visual and noise nuisances by combining
site layout and screening, with particular consideration to problems
along the tract boundary. Screening shall conform to the buffering
provisions of the Zoning Code.
(3)
Adequate lighting shall be provided for outdoor areas. Appropriate
lighting shall be provided for walkways, streets (particularly intersections),
parking areas, steps, ramps, other pubic areas, directional changes
and signs. Such lighting shall be provided in accordance with the
lighting provisions of the Zoning Code.
(4)
All utilities shall be underground within a planned residential
development.
[Ord. No. 172,
passed 12-17-1987; Ord. No. 321, passed 12-10-1998]
An essential element of the tentative plan is a written description
and plan for the disposition of ownership of common open space land,
designating those areas to be offered for dedication or to be owned
by the specific form of organization proposed.
(a)
Council may, at any time and from time to time, accept the dedication
of designated land and/or any interest therein for public use and
maintenance, but Council need not require, as a condition of approval
of a planned residential development, that land proposed to be set
aside for common open space be dedicated or made available to public
use.
(b)
In the event that common open space is not dedicated or made available
to public use, the landowner shall provide for and establish an organization
for the ownership and maintenance of the common open space, and such
organization shall not be dissolved nor shall it dispose of the common
open space, by sale or otherwise (except to an organization conceived
and established to own and maintain the common open space), except
by dedication of the same to the public. Such agreements shall be
subject to the approval of Council and contain provisions respecting
the right to lien property owners for maintenance charges incurred
by the Township in the event of default. In any case, the organization
provided for the ownership of open space land that is not dedicated
for public use shall consist of the property owners within the planned
residential development. The plan may provide that the property owners
association may lease back open space lands to the developer, his
or her heirs or assigns, or any other qualified person or corporation,
for operation and maintenance of open space lands, but such a lease
agreement shall provide that:
(1)
The residents of the planned residential development shall at
all times have access to the open space lands contained therein;
(2)
The common open space to be leased shall be maintained for the
purposes set forth in this chapter; and
(3)
The operation of open space facilities may be for the benefit
of the residents only, or may be open to the general public in accordance
with prior commitments to Council.
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The form of the lease shall be subject to the approval of Council,
and any transfer or assignment of the lease shall be further subject
to the approval of Council. Lease agreements shall be recited in the
deed and shall be recorded with the Recorder of Deeds of Delaware
County within 30 days of their execution, and a copy of the recorded
lease shall be filed with the Secretary of the Township.
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(c)
The plan to provide for the ownership and maintenance of common open
space shall include:
(1)
A complete description of the organization to be established
for the ownership of open space, if any, and the methods by which
this organization shall be established and maintained; and
(2)
A method reasonably designed to give adequate notice to property
owners within the planned residential development in the event of
the sale or other disposition of common open space lands, and in the
event of assumption of the maintenance of common open space lands
by the Township, as hereinafter provided.
(d)
In the event that the organization established to own and maintain common open space, or any successor organization, shall, at any time after the establishment of the planned residential development, fail to maintain the common open space in reasonable order and condition in accordance with the development plan, Council may proceed as provided in the Pennsylvania Municipalities Planning Code, to demand that deficiencies of maintenance be corrected or the Township will enter upon and maintain common open space. Notice to the affected property owners, in accordance with the provisions of the master plan, as required in subsection (c) hereof, shall be deemed to be adequate notice by the Township. The cost of such maintenance by the Township shall be assessed ratably against the properties within the planned residential development that have a right to enjoyment of the common open space, and shall become a lien on said properties. The Township, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of lien in the office of the Prothonotary of the County upon the properties affected by the lien within the planned residential development.
[Ord. No. 172,
passed 12-17-1987; Ord. No. 321, passed 12-10-1998]
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 time of construction
for each stage, in addition to other information required by this
chapter;
(b)
At least 15% of the dwelling units in the plan given tentative approval
shall be included in the first stage;
(c)
The second and subsequent stages are completely 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.
(d)
Average gross residential density may not be varied from stage to
stage; and
(e)
At least 25% of the open space and recreational facilities shall
be provided with each phase.
[Ord. No. 172,
passed 12-17-1987; Ord. No. 321, passed 12-10-1998]
(a)
An application for tentative approval of a planned residential development
shall be filed with the Township Secretary by or on behalf of the
owner or owners of the land. A copy of the application shall also
be submitted to the County Planning Department for its review. The
fee for review of an application for tentative approval shall be as
provided by Council.
(b)
Plans submitted for tentative approval shall be signed and sealed
by a registered engineer and prepared in accordance with all applicable
Township ordinances, except as noted hereinafter, and shall show the
following:
(1)
The location, size and topography of the site and the nature
of the landowner's interest in the land proposed to be developed;
(2)
The zoning designations of the subject land area and adjoining
properties. Any zoning district boundaries contained within the overall
tracts shall be clearly indicated and described by their respective
metes and bounds as well as gross land areas.
(3)
The net density of land used to be allocated to these parts
of the site to be developed;
(4)
The location, size and uses of the common open space, and the
form or organization proposed to own and maintain the common open
space;
(5)
The use and the approximate architectural design, height, bulk
and location of buildings and other structures, as well as any other
site data for which compliance with zoning regulations under this
chapter is required;
(6)
The feasibility of proposals for the disposal of sanitary waste
and storm water, and for public water supply, as determined by a professional
engineer, registered in the State;
(7)
The substance of covenants, grants of easements or other restrictions
proposed to be imposed upon the use of the land, buildings and structures,
including proposed grants of easements for public utilities. If the
proposal utilizes the density provisions allowed for the elderly and
retired, it must include specific provisions for the management of
the development, including the necessary certifications and controls
regarding clientel and operation of the facility.
(8)
Provisions for the parking of vehicles and the location and
width of proposed streets and public ways, together with a traffic
feasibility study relative to the anticipated impact on traffic circulation
in the Township resulting from the proposed planned residential development,
and measures proposed to minimize such impact;
(9)
Required modifications in the land use regulations otherwise
applicable to the subject property;
(10)
Descriptions of any public facilities which would be required
to be provided in connection with the proposed planned residential
development; and
(11)
In the case of development plans which call for development
over a period of years, the landowner shall designate geographic sections
for development under the plan and file approval of all sections of
the planned residential development which are intended to be filed.
This section must be updated annually, on the anniversary of its approval,
until the development is completed and accepted, and is subject to
approval by Council upon each submission.
(12)
Additional information as required by the Planning Commission
and/or Council.
(c)
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 or her opinion, a planned residential development
would be in the public interest and would be consistent with the Comprehensive
Plan for the development of the Township.
[Ord. No. 172,
passed 12-17-1987; Ord. No. 321, passed 12-10-1998]
(a)
Within 60 days after 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 Council. The Chairperson, or, in his or her absence, the acting
Chairperson of Council, 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 Council
whenever such a record is 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.
(c)
Council may continue the hearing from time to time and may refer
the matter back to the Planning Commission for a further 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.
[Ord. No. 172,
passed 12-17-1987; Ord. No. 321, passed 12-10-1998]
(a)
Council, within 60 days following the conclusion of the public hearing provided for in Section 1272.10, shall, by official written communication to the landowner, either:
(1)
Grant tentative approval of the development plan as submitted;
(2)
Grant tentative approval subject to specified conditions not
included in the development plan as submitted; or
(3)
Deny tentative approval to the development plan.
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Failure to 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 is granted subject to conditions,
the landowner may, within 30 days of receiving copy of the official
written communication of Council, notify Council of his or her refusal
to accept all of said conditions, in which case Council shall be deemed
to have denied tentative approval of the development plan. In the
event the landowner does not, within said period, notify Council of
his or her refusal to accept all said conditions, tentative approval
of the development plan, with all said conditions, shall stand as
granted.
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(b)
The grant or denial of tentative approval by official written communication
shall include not only the conclusion 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. Further, such
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)
In what respects the development plan is or is not consistent
with the Comprehensive Plan for the development of the Township;
(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 common open space in the
planned residential development, and the reliability of the proposals
for maintenance and conservation 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
service, provided adequate control over vehicular traffic and further
the amenities of light, air, recreation and visual enjoyment;
(5)
The relationship, beneficial or adverse, of the proposed planned
residential development to the neighborhood in which it is proposed
to be established; and
(6)
In the case of a development plan with proposed development
over a period of years, demonstration of the sufficiency of the terms
and conditions intended to protect the interests of the public and
residents of the planned residential development in the integrity
of the development plan.
(c)
In the event a development plan is granted tentative approval, with
or without conditions, Council 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 the grant of preliminary approval
and on application for final approval shall not be less than three
months; and, in the case of developments over a period of years, the
time between application for final approval of each part of a plan
shall not be less than 12 months.
[Ord. No. 172,
passed 12-17-1987; Ord. No. 321, passed 12-10-1998]
(a)
The official written communication provided for in Section 1272.11 shall be certified by the Secretary of the Township and shall be filed in the Township office, and a certified copy shall be mailed to the landowner where tentative approval has been granted, and the same shall be noted on the Zoning Map.
(b)
Tentative approval of a development plan shall not qualify a plan
of the planned residential development for recording or authorize
development or the issuance of any building permits. A development
plan which has been given tentative approval as submitted, or which
has been accepted by the landowner (provided the landowner has not
defaulted or violated any of the conditions of the preliminary approval),
shall not be modified, revoked or 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 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 such development plan and shall so notify Council in writing,
or in the event the landowner shall fail to file an 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
lot for which final approval has not been given shall be subject to
those 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.
[Ord. No. 172,
passed 12-17-1987; Ord. No. 321, passed 12-10-1998]
(a)
An application for final approval may be for all the land included
in a development plan, or the extent set forth in the tentative approval,
for a section thereof. Said application shall be made to Council and
within the time or times specified by the official written communication
granting tentative approval. The application shall include any drawings,
specifications, covenants, easements, performance bonds and such other
requirements as may be specified by this chapter, or by the Township
Subdivision and Land Development Regulations, as well as any conditions
set forth in the official written communication at the time of tentative
approval. A public hearing on an application for final approval of
the development plan, or part thereof, shall not be required, provided
the development plan, or the part thereof, submitted for final approval
is in compliance with the development plan theretofore given tentative
approval, and with any specified conditions attached thereto.
(b)
Plans submitted for final approval of all or a portion of a planned
residential development shall be prepared in accordance with the requirements
for final subdivision plans, as specified in the Township Subdivision
and Land Development Regulations, as amended, and the procedures established
by such Regulations, relating to the content, review and approval
of final plans, shall govern the acceptance of final plans.
(c)
The design of streets, sewers, storm drainage, sidewalks and all
other public improvements shall be in accordance with the design standards
of the Township Subdivision and Land Development Regulations.
(d)
The Township Subdivision and Land Development, as amended, shall
govern the construction and acceptance of all public improvements,
including provisions for the requirements of performance maintenance
bonds.
(e)
The fee for filing final plans and for inspection engineering, material
tests, recording and legal matters shall be established by resolution
of Council.
(f)
In the event the application for final approval has been filed, together
with all drawings, specifications and other documents in support thereof,
as required by this chapter and the official written communication
of tentative approval, Council shall, within 45 days of such filing,
grant such development plan final approval.
(g)
In the event the development plan, as submitted, contains variations
from the development plan given tentative approval, Council 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. In the event of such refusal, the landowner
may either:
(1)
Refile his or her application for final approval without amendment
to the original proposal;
(2)
File a written request with Council that it hold a public hearing
on his or her application for final approval.
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If the landowner wishes to take either of such alternative actions,
he or she may do so at any time within which he or she 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. In the event the landowner shall fail to take
either of such alternative actions within such time, he or she shall
be deemed to have abandoned the development plan. Any such public
hearing shall be held pursuant to public notice within 30 days after
the request for the hearing is made by the landowner, and the hearing
shall be conducted in the manner prescribed in this chapter for public
hearings on applications for tentative approval. Within 30 days after
the conclusion of the hearing, Council shall, by official written
communication, either grant or deny final approval of the development
plans. The grant or denial of final approval of the development plan
shall, in cases arising under this section, be in the form and contain
the findings required for an application for tentative approval set
forth in this chapter.
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(h)
A development plan, or any part thereof, which has been given final
approval, shall be so certified without delay by Council and shall
be filed of record forthwith in the office of the Recorder of Deeds
before any development shall take place in accordance therewith. Pending
completion within a reasonable time of said planned residential development,
or that part thereof, as the case may be, that has been finally approved,
no modification of the provisions of such development plan, or part
thereof, as finally approved, shall be made, except with the consent
of the landowners.
(i)
In the event that a development plan, or section thereof, is given
final approval, and thereafter the applicant shall fail to commence
and carry out the planned residential development within 12 months
after final approval has been granted, no development shall take place
on the property included in the development plan until after the said
property is resubdivided and is reclassified by enactment of an amendment
to this chapter in the manner prescribed for such amendments. If,
after development in accordance with a final plan is started, the
landowner shall abandon such plan or a section thereof and shall so
notify Council in writing, Council may require that the property be
resubdivided and reclassified as provided above, or, if any portion
of a planned residential development is substantially completed in
accordance with final plans submitted and approved by Council, Council
shall have the option of recording the master plan and requiring subsequent
construction to be within the framework of the plan, unless substantial
hardship can be demonstrated.
(j)
Approval of planned residential development final plan shall constitute
an automatic approval of the subdivision and land development plan
upon payment of proper fees.
[Ord. No. 172,
passed 12-17-1987; Ord. No. 321, passed 12-10-1998]
(a)
To further the mutual interest of the residents of the planned residential
development and of the public in preservation of the integrity of
the development plan, as finally approved, and to insure that modifications,
if any, in the development plan shall not impair the reasonable reliance
of such residents upon the provisions of the development plan, or
result in changes that would adversely affect the public interest,
the enforcement and modification of the provisions of the development
plan, as finally approved, whether the same are recorded by plat,
covenant, easement or otherwise, shall be subject to the provisions
of the Pennsylvania Municipalities Planning Code. The landowner and
developer shall execute an agreement in recordable form with the Township,
setting forth the covenants and restrictions.
(b)
In the event of conveyance of any land having been granted development
plan approval under this chapter, the surviving landowners shall join
in a new agreement as required under this section prior to any application
for construction of buildings and/or improvements. Failure to provide
evidence of such joinder in a form satisfactory to the Township shall
be cause for invalidation of any prior approvals of development plans
granted.
(c)
Any approvals granted to development plans under this chapter shall
remain applicable to the entire tract of land so approved and shall
be deemed to run with the land in the event of conveyance from the
original landowner to another, provided the new landowner shall have,
within 30 days of the date of conveyance, filed with the Township
a certified letter, in a form satisfactory to the Township, acknowledging
acceptance of and intent of intent to comply with the development
plan, together with any stipulations that may apply. Lack of such
acknowledgment within the time indicated shall be cause for invalidation
by the Township of any prior approvals granted.
